What Is a Virginia Lease Agreement?
A Virginia lease agreement is a legally binding contract defining the duties and protections of a landlord and tenant. It outlines the security deposit, maintenance, rent, and landlord entry terms. The requirements for lease agreements vary depending on state regulations and landlord-tenant laws. Having a lease agreement protects everyone involved and helps avoid or resolve conflicts.
Legal Templates offers a Virginia lease agreement with state-specific terms to create a binding deal. Use our forms to ensure compliance and protection for each party.
Virginia Landlord-Tenant Laws Overview
Virginia landlord-tenant laws aim to protect the parties involved and outline regulations for rent, fees, and maintenance. The table below provides an overview of the limits and requirements in Virginia lease agreements.
| Topic | Rule | Law |
|---|---|---|
| Late Fees | 5 day grace period Fees cannot exceed whichever is less between 10% of the rent owed or 10% of the usual rent | VA Code § 55.1-1204 |
| Security Deposits | Cannot be more than two months' rent Must be returned within 45 days of tenant move-out | VA Code § 55.1-1226 |
| Non-Sufficient Funds Fee | No more than $50 for a bounced check | VA Code § 8.01-27.1 |
| Withholding rent | Up to one month’s rent or $1,500, whichever is greater | VA Code § 55.1-1244.1 |
| Landlord Entry | 72 hours' notice except in emergencies or for maintenance requested by the tenant | VA Code § 55.1-1229 |
Lease Agreements- By Type
Lease agreements can govern various situations, including commercial, residential, or short-term leases. Each document includes specific terms and considerations. Evaluate the types of lease agreements below to determine which form works best for your goals.
Virginia Standard Lease Agreement
Constructs a rental contract with a tenant for your property.
Virginia Month-to-Month Rental Agreement
Permits a tenant to occupy a property on a monthly basis.
Virginia Commercial Lease Agreement
An agreement for leasing a building or part of it for commercial purposes.
Virginia Room Rental Agreement
An agreement for renting a room for a duration, detailing terms like rent, utilities, and rules of stay.
Virginia Sublease Agreement
Creates a tenant-subtenant relationship.
Virginia Rent-to-Own Lease Agreement
A rental agreement with a conditional path to ownership.
Security Deposit Regulations in Virginia
Your lease agreement should also define the processes and limitations for security deposits. In Virginia, landlords cannot request a deposit exceeding two months’ rent. In addition, they must return the deposit amount within 45 days of the tenant’s move-out date.
As a landlord, you can use the deposit to recover unpaid rent, overdue utilities, or damages exceeding normal wear and tear. You must provide a written statement itemizing any deductions and recording the damages. Consider using a move-out inspection form and providing a receipt for security deposits.
Virginia Rent Payment Rules
Virginia statutes also address the conditions for collecting rent and adding fees. While the state has no rent control laws, there are requirements for grace periods, late fees, and withholdings.
Landlords must provide a 5-day grace period for late or unpaid rent. After this period, the landlord can send a 5-day notice to quit for non-payment. Any applicable late fees must be defined in the lease agreement and cannot exceed the legal maximum.
In addition, a tenant cannot withhold rent unless they have notified the landlord of a hazard and provided them 14 days to address the issue. If the landlord doesn’t offer a solution, the tenant can pursue their own repairs and subtract the costs of repair up to $1,500, or one month of rent, whichever amount is greater.
Landlord Entry Regulations in Virginia
Virginia requires landlords to provide security measures and entry notices. If the landlord needs to enter the property, they must give the tenant at least 72 hours’ notice. However, any maintenance requested by the tenant or regarding an emergency doesn’t require advanced notice.
In addition, the landlord must provide locks and peepholes on the property whenever possible. Virginia law also provides recourse for tenants if landlords attempt to lock them out or perform a self-help eviction.
Virginia Landlord and Tenant Property Repair Responsibilities
A lease agreement often provides obligations for both the landlord and tenant. Each party should work to ensure the property’s condition and legal compliance. Virginia leases often split the duties in the following ways:
- Prevent moisture and mold growth
- Perform necessary repairs to keep the property in good condition
- Comply with Virginia housing and building codes
- Use reasonable efforts to prevent mold and moisture
- Avoid deliberately damaging property
- Keep their part of the dwelling unit clean and safe
Required Lease Disclosures in Virginia
The Virginia Residential Landlord and Tenant Act requires landlords to provide disclosures about the property. These forms promote fair contracts and honest communication. Provide any of the following disclosures as they apply to the property or lease:
- Lead-based paint disclosure
- Defective drywall disclosure
- Notice of intent to demolish
- Identification of landlord
- Methamphetamine disclosure
- Military airfield disclosure
- Mold disclosure
- Existing damage disclosure
- Shared utilities disclosure
- Disclosure of tenants’ responsibilities and rights
- Disclosure of heavy tourism activity
- Property condition disclosure
Terminating a Lease in Virginia
Check the terms of the original lease agreement for the required notice periods and lease termination procedures. Month-to-month agreements can be terminated with a 30-day notice. More long-term arrangements may require a longer notice period. Consider your desired termination process when creating the lease contract.
Virginia Lease Agreement Sample
View our free Virginia lease agreement sample document to determine the necessary information. Our customizable and downloadable forms are available in PDF & Word formats and provide state-compliant terms.
