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 length of the lease, and the address of the rented property.
By Type (6)
Room Rental Agreement
An agreement for renting a room for a duration, detailing terms like rent, utilities, and rules of stay.
Commercial Lease Agreement
An agreement for leasing a building or part of it for commercial purposes.
Laws
Overview
Rent Control: No
Limit on Late Fees: Yes
Late Fees in Rental Agreement: Yes
Grace Period: Yes
License Required for Landlord: No
Required Lease Disclosures
Lead-Paint Disclosure: Housing built before 1978 may contain lead-based paint, which can pose health hazards if not managed properly. Landlords must provide tenants with a lead-based paint disclosure and a copy of the lease agreement (42 U.S. Code § 4852d).
Other disclosures that Virginia landlords must make include:
- Disclosure of Defective Drywall: A landlord must disclose if a unit contains defective drywall (VA Code § 55.1-1218).
- 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 (VA Code § 55.1-1216).
- Identification of Landlord or Authorized Agents: A landlord must disclose the name and address of the property’s owner or manager (VA Code § 55.1-1216).
- Disclosure for Methamphetamine Production: A landlord must provide a prospective tenant a written disclosure that states was previously used to manufacture methamphetamine (VA Code § 55.1-1219).
- 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 (VA Code § 55.1-1217).
- Disclosure of Mold: A landlord must disclose if mold is visible within the property (VA Code § 55.1-1215).
- A landlord must give the tenant an itemized list of existing damage on the property within five days of moving into the unit (VA Code § 55.1-1214).
- 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 (VA Code § 55.1-1212).
- A landlord must give the tenant a list of their responsibilities and rights, as per the Department of Housing and Community Development (VA Code § 55.1-1204).
- A landlord must disclose if the property is in an area with heavy tourism activity (VA Code § 55.1-707).
Security Deposit
The maximum amount that a landlord may require as a security deposit from a tenant for a lease is two (2) months’ rent (VA Code § 55.1-1226).
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. The landlord must also give a written statement itemizing any deductions, damages, or charges taken from the security deposit (VA Code § 55.1-1226).
Landlord Right of Entry
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 (VA Code § 55.1-1229).
Small Claims Court
A tenant can bring a landlord to small claims court for no more than $5,000 (VA Code § 16.1-122.1).
City-Specific Considerations
The aforementioned requirements are for the majority of landlords and tenants in Virginia. However, some local considerations are important for landlords and tenants in Virginia Beach to consider. 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:
