Some residential rental agreements require predictability, while others may require greater flexibility. In Virginia, a month-to-month rental agreement allows landlords and tenants to continue the tenancy without committing to a fixed end date. The agreement, also known as a tenancy at will, renews each month and remains in place until either party provides proper notice to terminate.
However, a Virginia month-to-month lease agreement still creates enforceable legal obligations for both landlords and their tenants. The sections below explain how month-to-month rentals operate in Virginia and what landlords should address before offering such an agreement.
Disclosures (13)
Before a tenant moves in, Virginia law requires landlords to provide specific disclosures that inform the tenant about property conditions, potential risks, and more.
- Lead-based paint: Federal law requires all landlords to provide any known information on lead paint and its hazards, as well as the EPA’s lead safety pamphlet, for rentals built before 1978.
- Landlord’s name and address: Landlords must provide tenants with their name and contact information, or the information of the person who manages the property (Va. Code § 55.1-1216).
- Statement of Tenant Rights and Responsibilities: Landlords must give their tenants the Statement of Tenant Rights and Responsibilities and a copy of the signed lease within 10 business days of the lease start date.
- Move-in checklist: Landlords should complete a move-in checklist that details the current condition of the unit and give it to the tenant within 5 days of moving in (Va. Code § 55.1-1214).
- Fee disclosure statement: The first page of a lease template should include a disclosure of all rent and any other additional fees (Va. Code § 55.1-1204.1).
- Mold disclosure: If mold is visibly present in the unit, landlords must disclose this to their tenant. If they choose to take possession of the unit, they have 5 days to fix the issue. Additionally, if a tenant finds mold in the rental, they must inform the landlord within 5 days (Va. Code § 55.1-1215).
- Shared utilities: A lease template must include information on how landlords charge tenants for any shared utilities if any of the units share a meter with another unit or a common area (Va. Code § 55.1-1212).
- Electronic notices: If a landlords want to send their tenants notices electronically, they must disclose this in the lease agreement. Tenants also have the right to request notices in paper form (Va. Code § 55.1-1202).
- Methamphetamine contamination: Landlords must disclose any known information of meth manufacturing or contamination in the unit (Va. Code § 55.1-1219).
- Military (air) zone: If a rental unit is in the same area as a military air installation, landlords must inform tenants that the property is within a noise or risk zone and about the possible risks (Va. Code § 55.1-1217).
- Defective drywall: Landlords must tell their tenants about any defective drywall on the property (Va. Code § 55.1-1218).
- Demolition or displacement: If a landlord has any plans to move their tenants out within 6 months of their move-in because of property demolition or renovation, they must disclose this in the lease (Va. Code § 55.1-1216).
- Statement of acceptance of rent with reservation: Leases should explain to tenants that accepting rent does not waive their right to pursue eviction (Va. Code § 55.1-1250).
Optional Disclosures and Addenda
While not required by Virginia law, these optional disclosures can provide clarity in month-to-month rentals, allowing landlords to address potential issues before they become larger disputes down the road.
Asbestos: Informs tenants of any asbestos present in the rental and provides suggestions for limiting exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Details the fees for late or returned rent checks. Virginia limits the amount a landlord can charge as a late fee to 10% of the monthly rent or the unpaid balance, whichever is less. State law caps returned check fees at $50 (Va. Code § 8.01-27.1(A)).
Medical marijuana use: Explains the rules regarding the use of medical marijuana in the unit.
Smoking: Outlines the smoking policy for the rental, including any designated smoking areas on the property.
Additional Virginia Month-to-Month Lease Laws
Virginia landlord-tenant law continues to apply throughout the tenancy as any other lease, even when the lease renews monthly.
Notice to Terminate a Month-to-Month Agreement
Virginia law has clear notice requirements for how and when landlords can end a month-to-month tenancy.
Required notice for tenant: Tenants must give at least 30 days’ written notice before terminating a month-to-month lease (Va. Code § 55.1-1253).
Required notice for the landlord: Landlords must also provide at least 30 days’ written notice to terminate the agreement (Va. Code § 55.1-1253).
Laws Governing Rent Increases
Month-to-month agreements allow landlords to revisit rent more frequently, but Virginia law still requires advance notice before any change is made.
Virginia does not have statewide rent control or rent stabilization laws. Landlords may increase rent by any amount as long as they provide at least 30 days’ written notice before the increase.
Lease Violations and Eviction
Virginia law outlines specific steps landlords must follow when lease issues arise. Here’s what you need to know.
Missed rent payment: If a tenant fails to pay rent, landlords must issue a 5-day Notice to Pay or Quit before filing for eviction (Va. Code § 55.1-1245).
Lease violation: For violations other than nonpayment, landlords must issue a 21-day Notice to Cure or Quit. The notice must describe the violation and allow the tenant time to fix the issue (Va. Code § 55.1-1245).
Lease abandonment: If a tenant leaves the rental without notice and shows no signs of returning, a landlord may consider the property abandoned and take the necessary steps to re-rent the unit.
Self-help evictions: Self-help evictions are illegal in Virginia. Landlords may not change locks, shut off utilities, or remove tenant belongings without a court order.
Rent Payment Laws
Rent payment rules help keep month-to-month rentals predictable and enforceable.
Rent control/stabilization: Virginia does not enforce rent control or rent stabilization laws.
Late rent fees: Virginia caps late fees at 10% of the monthly rent, and landlords must disclose the fee in the lease agreement (Va. Code § 55.1-1204).
Grace period: Virginia law provides a five-day grace period before landlords may charge late fees unless the lease states otherwise.
Tenant’s right to withhold rent: Tenants may not withhold rent automatically. Virginia allows tenants to pursue rent escrow through the court system for serious habitability issues, but tenants must follow all legal procedures.
Pet rent laws: Landlords may charge pet rent or collect pet deposits as long as the lease clearly outlines the charges.
Security Deposits
Virginia law regulates how landlords collect, hold, and return security deposits.
Maximum amount: Landlords may collect up to two months’ rent as a security deposit (Va. Code § 55.1-1226).
Deposit receipt: In Virginia, landlords do not have to issue a receipt for tenants’ security deposits.
Interest payments: State law does not require landlords to pay interest on security deposits.
Security deposit return: Landlords must return the security deposit, minus any deductions, within 45 days after the tenant vacates the unit (Va. Code § 55.1-1226).
Deductions: Landlords may deduct unpaid rent, damages beyond normal wear and tear, and other lawful charges. The landlord must provide an itemized statement of deductions.
Property Access Laws
When it comes to accessing a property, whether for an emergency or routine maintenance, Virginia law balances a landlord’s access with a tenant’s privacy.
Advance notice: Landlords must give at least 24 hours’ notice before entering a tenant’s unit for non-emergency reasons, unless the tenant agrees otherwise (Va. Code § 55.1-1229).
Immediate access: Landlords may enter without notice during emergencies or when the tenant has abandoned the property.
Harassment: If a landlord repeatedly enters the unit without proper notice to their tenant, the action may constitute landlord harassment. Doing so could allow the tenant to terminate the lease early.
