Virginia Month-to-Month Lease Agreement

Last Updated: April 7, 2022 by Elizabeth Souza

A Virginia month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in Virginia (i.e., 1-year), click here.

How do Virginia Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under Virginia landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

In Virginia either party may terminate a month-to-month lease with a 30 days’ notice, unless the lease agreement states a different notice period. VA Code § 55.1-1253

Notice must be provided in written form (or if applicable, electronically).

How Much Notice is Needed to Raise the Rent?

In Virginia, there is not state statute on the amount of notice a landlord must provide to a tenant to notify them of a rent increase. It is customary to provide at least a 30 days’ notice.

Are There Notice Delivery Requirements?

In Virginia there are notice delivery requirements. If the lease agreement states that electronic forms of notice are acceptable, the tenant or landlord may deliver notice electronically. When using an electronic notice, the sender shall obtain proof of electronic delivery which can be an electronic receipt, a confirmation that it was sent via facsimile or a certificate of service by the sender.

In the case of a landlord, the notice shall be served at the place of business that is designated in the lease agreement or any other place that is designated as the receipt of communication.

In the case of a tenant, the notice shall be served at the tenant’s last known place of residence.

It is important to note that public housing and rental assistance programs may have different notice requirements. VA Code § 55.1-1202

How are Month-to-Month Tenants Evicted in Virginia?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Virginia. The process for eviction can be completed in 2-4 months, but can take longer depending on the circumstances.

For more information on the eviction process in Virginia, click here.