A Virginia lease agreement emphasizes the terms and conditions of a specific rental property. A landlord communicates certain details to tenants so they can rent out their properties successfully, including pet allowances, both parties’ contact details, safety disclosures, the lease length, and the rented property’s address.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: Yes.
- Late Fees in Rental Agreement: Yes.
- Grace Period: Yes.
- License Required for Landlord: No.
Landlords can use a rental application form to gauge each applicant’s reliability and decide who to rent to.
By Type (6)
Standard Lease Agreement
Constructs a rental contract with a tenant for your property.
Month-to-Month Rental Agreement
Permits a tenant to occupy a property on a monthly basis.
Commercial Lease Agreement
An agreement for leasing a building or part of it for commercial purposes.
Room Rental Agreement
An agreement for renting a room for a duration, detailing terms like rent, utilities, and rules of stay.
Sublease Agreement
Creates a tenant-subtenant relationship.
Rent-to-Own Lease Agreement
A rental agreement with a conditional path to ownership.
Required Lease Disclosures
Housing built before 1978 may contain lead-based paint, which can present health risks. Landlords must provide tenants with a lead-based paint disclosure and a copy of the lease agreement. [1]
Other disclosures that Virginia landlords must make include:
- Disclosure of Defective Drywall: A landlord must disclose if a unit contains defective drywall. [2]
- Notice of Intent to Demolish: A landlord must disclose if the building will undergo demolition or conversion to a condominium within six months. The landlord must also notify the tenant if the rental property has been sold. [3]
- Identification of Landlord or Authorized Agents: A landlord must disclose the name and address of the property’s owner or manager. [3]
- Disclosure for Methamphetamine Production: A landlord must provide a prospective tenant a written disclosure that states it was previously used to manufacture methamphetamine. [4]
- Military Airfield Disclosure: A landlord must inform the tenant if the property is in an area that may experience a lot of noise pollution due to military activity. [5]
- Mold Disclosure: A landlord must disclose if mold is visible within the property. [6]
- Property Condition Disclosure: A landlord must give the tenant an itemized list of existing damage on the property within five days of moving into the unit. [7]
- Disclosure of Shared Utilities: The landlord must notify tenants whether the utility company or companies service other areas of the house and ensure a fair allocation of the costs amongst all tenants. [8]
- Responsibilities Disclosure: A landlord must give the tenant a list of their responsibilities and rights, per the Department of Housing and Community Development. [9]
- Tourism Disclosure: A landlord must disclose if the property is in an area with heavy tourism activity. [10]
Security Deposit
- Maximum Amount: The maximum amount that a landlord may require as a security deposit from a tenant is two months’ rent. [11]
- Receipts: Not required.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: The security deposit must be returned to the tenant within 45 days following the termination of the lease or the date the tenant vacates the property. [11]
- Withholding Rules: The landlord must give a written statement itemizing any deductions, damages, or charges taken from the security deposit. [11]
Rent Payments
- Laws: Rent is payable at the beginning of the rental period. [12]
- Rent Control: Virginia doesn’t have rent control laws, so the landlord can increase rent prices by however much they’d like if they provide adequate notice.
- Late Fees and Grace Period: The landlord can’t charge a late fee unless they state the charge in the rental agreement. The charge shouldn’t exceed the lesser of 10% of the remaining balance owed or 10% of the periodic rent. [13]
- The grace period is five days. After this grace period, the landlord can send a 5-day notice to quit for non-payment.
- Withholding Rent: The tenant must notify the landlord of a hazard that poses a serious risk and give them 14 days to address the problem. If the landlord fails to act, the tenant can procure a remedy for the issue and subtract the expenses from the rent. The deduction can be up to one month’s rent or $1,500, whichever amount is greater. [14]
Landlord Right of Entry
- Notice Requirements: A landlord must give at least 72 hours’ notice to the tenant before entering the property for routine maintenance that has not been requested by the tenant. If the tenant requests maintenance or if there’s an emergency, the landlord is not required to provide notice to the tenant. [15]
- Keys, Locks, and Security: Tenants will have remedies available to them if the landlord attempts to lock them out and perform a self-help eviction. [16]
- Landlords must provide locks and peepholes when feasible. [17]
Property Repairs
- Landlord Responsibilities: The landlord must prevent moisture accumulation and mold growth, make all necessary repairs to keep the property in good condition, and comply with the requirements of applicable housing and building codes. [18]
- Tenant Repairs: The tenant must use reasonable efforts to prevent mold and moisture from accumulating, not deliberately damage property, and keep their part of the dwelling unit clean and safe. [19]
- Abandonment: If the tenant disobeys the lease, the landlord can issue a 21-day notice to quit for non-compliance for a curable violation or a 30-day notice to quit for non-compliance for a non-curable violation. [20]
Terminating a Lease
- Month-to-Month Tenancy: A 30-day notice ends a month-to-month tenancy without cause. [21]
- Unclaimed Property: The landlord can dispose of abandoned property if they provide one of the following notices: [22]
- A termination notice stating that the landlord will dispose of the property within 24 hours after termination;
- A written notice stating that the landlord will dispose of the property within 24 hours after a seven-day notice period; or
- A written notice that the landlord will dispose of the property within 24 hours after the expiration of a 10-day period from the date the tenant receives the notice.
City-Specific Considerations
The aforementioned requirements are for most landlords and tenants in Virginia. However, some local considerations are important for landlords and tenants in Virginia Beach. Check your local laws before creating or entering into a lease agreement.
Sample
Our Virginia lease agreement template is available to download in PDF or Word format:
