A Virginia lease agreement gives you structure and protection in a rental market that stretches from bustling Northern Virginia to the quiet, picturesque hillsides of the southwest corner of the state. A clear lease sets expectations, helps you comply with state laws, and protects your investment from the start.
Disclosures (13)
Virginia law requires landlords to disclose certain information to tenants before they move into the property. These disclosures aren’t optional. Instead, they are required and vital to keep your lease agreement enforceable. As a state with some of the most stringent disclosure laws, it’s essential to get this right.
1. Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards for homes built before 1978.
2. Landlord’s name and address: Landlords must include their name and contact information in every Virginia lease agreement.
3. Statement of Tenant Rights and Responsibilities: Landlords must provide tenants a copy of the signed Virginia lease agreement and the Statement of Tenant Rights and Responsibilities within 10 days of the lease’s effective date.
4. Move-in checklist: Landlords must provide a copy of a move-in checklist within 5 days of the tenant moving in. The checklist outlines the current condition of the unit, including any existing damages or issues (§ 55.1-1214).
5. Fee disclosure statement: Landlords must outline the rent and any possible additional fees on the first page of the agreement (§ 55.1-1204.1).
6. Mold disclosure: If the unit has mold, landlords are required to disclose the location to tenants. If there is additional mold, landlords have 5 days to remediate the issue. If tenants discover mold, they have 5 days to inform the landlord (§ 55.1-1215).
7. Shared utilities: If a landlord uses submetering or a ratio billing system, they must outline how they will divide the charges among tenants (§ 55.1-1212).
8. Electronic notices: If a landlord plans to send notices electronically to tenants, they must outline this in the agreement and allow tenants to request paper forms (§ 55.1-1202).
9. Methamphetamine contamination: Landlords must share any information on known methamphetamine manufacturing or storage in the unit (§ 55.1-1219).
4. Military (air) zone: If the rental unit is in the same area as a military air installation, landlords must inform tenants of the noise and possible associated risks (§ 55.1-1217).
5. Defective drywall: Landlords must disclose any defective drywall in the unit (§ 55.1-1218).
6. Demolition or displacement: If the landlord plans to displace tenants due to demolition within 6 months of moving in, they must disclose this information to the tenant (§ 55.1-1216).
7. Statement of acceptance of rent with reservation: Landlords must include a statement in the rent explaining that all rent owed is accepted with reservation, and does not negate the landlord’s right to evict (§ 55.1-1250).
Optional Disclosures and Addenda
These optional disclosures go beyond the basics, but they can help to strengthen your Virginia lease agreement and limit your liability. Outlining policies on these issues helps to avoid problems later.
Asbestos: Informs tenants of any asbestos or asbestos-related hazards on the property, including suggestions to limit exposure and risk.
Bed bugs: Informs tenants of any bed bug-related infestations or issues in the unit or adjacent units.
Late/returned check fees: Outlines the fees regarding late or returned rent checks. In Virginia, state law limits late fees to 10 percent of the monthly rent or the unpaid balance, whichever is less. Returned check fees are capped at $50 (§ 8.01-27.1(A)).
Medical marijuana use: Details the policy for the use of medical marijuana on the property, including any limitations or restrictions.
Smoking: Informs tenants of any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures include information that impacts the health, safety, and wellness of tenants. If you fail to include a mandatory disclosure in your Virginia lease agreement, you may face serious consequences, including tenant disputes and challenges that can weaken your lease, as well as financial and legal penalties.
Security Deposit Regulations in Virginia
Virginia has strict laws for landlords regarding security deposits, from how much they can collect to when they have to return the funds. Follow these state laws to keep your Virginia lease agreement compliant and minimize tenant disputes.
Maximum amount: Virginia landlords may charge up to 2 months’ rent as a security deposit (§ 55.1-1226).
Deposit receipt: Landlords are not required to provide tenants with a receipt for their security deposit payment.
Security deposit return: Landlords must return a tenant’s security deposit, minus any deductions, within 45 days of the lease termination (§ 55.1-1226).
Deductions: If a landlord deducts from the security deposit to cover unpaid rent or damages caused by the tenant, they must provide an itemized statement outlining these deductions to the tenant within 45 days of terminating the lease (§ 55.1-1226).
Rent Payment Regulations
Collecting rent is one of the most critical aspects of your rental business, and it comes with its own set of laws and regulations in Virginia. Here’s what you need to know about collecting rent in the Old Dominion.
Rent control/stabilization: Rent control and rent stabilization do not exist state-wide in Virginia.
Late rent fees: Virginia landlords may charge a fee for late rent payments if they outlined the fee in their lease agreement. State law caps these fees at 10 percent of the monthly rent or 10 percent of the unpaid balance, whichever is less (§ 55.1-1204).
Grace period: Virginia does not have a mandatory grace period; however, if the landlord does not provide a written lease, the tenant has a 5-day grace period to pay their rent after it is due. After the grace period, if the tenant does not pay their rent, the landlord may issue a 5-day Notice to Pay or Quit (§ 55.1-1245).
Tenant’s right to withhold rent: If the tenant informs the landlord of an issue that violates the lease or the law, the landlord must make the repairs. If they don’t, the tenant may repair the issue themselves and withhold rent or ask for reimbursement of up to $1,500, whichever is greater (§ 55.1-1244.1).
Violations
When Virginia tenants violate their lease, state law gives clear guidelines for landlords to follow. Here’s what you need to know to resolve issues effectively and legally.
Lease violation: If a tenant violates their lease, they typically have 21 days to fix the lease violation. If they don’t, the lease can terminate after 30 days. If a tenant commits a criminal act on the property, the landlord may terminate the lease immediately (§ 55.1-1245).
Missed rent payment: If a tenant misses a rent payment, landlords may send a 5-day Notice to Pay or Quit (§ 55.1-1245).
Lease abandonment: If a tenant abandons their lease before the end of its term, they may still be financially responsible for the lease until the unit is rerented, along with attorney fees and other expenses to the landlord (§ 55.1-1249, § 55.1-1251).
Self-help evictions: Self-help evictions are illegal in Virginia. Landlords must obtain a court order before evicting a tenant (§ 55.1-1243.1).
Terminating a Lease
Ending a lease in Virginia requires proper notice and timing. Follow these laws to avoid costly disputes and legal challenges.
Standard lease: Tenants may legally terminate their lease early under certain conditions, such as active duty military service, domestic violence, lease violation, or extensive property damage (§ 55.1-1235, § 55.1-1236, § 55.1-1241, § 55.1-1240).
Month-to-month: Tenants can end their month-to-month Virginia lease agreement with 30 days’ written notice to the landlord. There are specific conditions that permit tenants to terminate a lease early without penalty, including active duty military service, domestic violence, lease violation, or extensive property damage (§ 55.1-1235, § 55.1-1236, § 55.1-1241, § 55.1-1240).
Property abandonment: Virginia landlords must notify tenants that they will dispose of any abandoned property 24 hours after the lease ends (§ 55.1-1254).
Renewing a Lease
Renewals are an excellent opportunity to update your lease terms and retain good tenants. In Virginia, clear communication and timely notice help keep things running smoothly.
Notice requirements: Landlords must give tenants 60 days’ written notice if they plan to update the lease terms or not renew the lease (§ 55.1-1302).
Required renewals: Virginia lease agreements with terms of 1 year or longer will renew automatically with the same terms (§ 55.1-1302).
Landlord’s Access to Property
Virginia law balances a landlord’s right to maintain the property with a tenant’s right to privacy. Follow these guidelines to remain compliant and build trust with your tenant.
Immediate access: In the event of an emergency, the landlord may enter the unit without providing notice to the tenant (§ 55.1-1229).
Notice requirements: For requested maintenance, landlords must give tenants 24 hours’ notice before entering the unit. For routine maintenance that the tenant did not request, they must provide 72 hours’ notice (§ 55.1-1229).
Harassment: Unless there is an emergency, landlords should only enter the rental in case of an emergency or with the tenant’s permission. Failure to follow these rules may result in legal consequences or early lease termination (§ 55.1-1210).
