A Virginia residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
Virginia Residential Lease Agreement Disclosures
These disclosures are required for residential lease agreements in Virginia:
| Disclosure | Applicable To |
|---|---|
| Landlord’s Name and Address | All Units |
| Move-In Checklist | All Units |
| Statement of Tenant Rights and Responsibilities | All Units |
| Fee Disclosure Statement | All Units |
| Mold Disclosure | All Units with Visible Mold |
| Shared Utilities | Units with Shared Utility Meter |
| Demolition/Displacement | Units Undergoing Construction/Demolition |
| Military Air Installation | Units in a Noise/Accident Zone |
| Defective Drywall | Units with Known Defective Drywall |
| Meth | Units with Known Contamination |
| Lead Paint | All Units Built Before 1978 |
Landlord’s Name and Address
Applies to all Virginia rentals.
Virginia leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. Virginia allows most landlord-tenant notices to go through electronic means of communication, if the appropriate email addresses are written in the lease.
Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.
Move-In Checklist
Applies to all Virginia rentals.
Virginia landlords must provide a move-in checklist to document the rental property’s condition, when the tenant moves in. The checklist should be completed within five days of move-in. This helps ensure accurate deductions from the security deposit later.
Download: Virginia Move-In Checklist Disclosure Form (PDF)
Statement of Tenant Rights and Responsibilities
Applies to all Virginia rentals.
New Virginia leases must be accompanied by an official Statement of Tenant Rights and Responsibilities. This form, produced by the Department of Housing and Community Development, summarizes the most important landlord-tenant laws for the state.
Download: Virginia Statement of Tenant Rights and Responsibilities
Fee Disclosure Statement
Applies to all Virginia rentals.
Virginia leases must have, on the first page, a full disclosure of all rent, as well as any fees which may be charged in addition to the regular rent. The disclosure must also state, above the listing of fees, the following:
No fee shall be collected unless it is listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.
As the language suggests, if a fee is not listed in the disclosure, or agreed later in a separate addendum, a landlord cannot legally bill it.
Mold Disclosure
Applies to Virginia rentals with visible evidence of mold.
Virginia landlords must disclose any visible evidence of mold in the rental unit, in writing, with any initial inventory of the rental property. If the written report states there is visible evidence of mold, the tenant can choose between terminating the lease without penalty, or continuing the rental agreement in an “as is” condition, with informed consent that there is mold present.
Shared Utility Arrangements
Applies to any Virginia rental with submetering or shared utility meters.
In Virginia, when multiple rental units share a utility meter for the whole building or property, the landlord may charge separately for utilities through the installation of a submetering system, ratio billing system, or other way to split charges. The landlord must disclose how the charges are billed to individual tenants. The landlord may charge a service or convenience fee, as long as it is disclosed in the lease.
This is an example of a shared utility disclosure:
UTILITIES: This rental unit shares the following utilities with another unit or common area:
[ ] Electricity
[ ] Water
[ ] Gas
[ ] Sewage
[ ] Other:________This lease uses the following method for calculating utility charges between Tenant(s):
[ ] Home Square Footage
[ ] Number of Tenants
[ ] Even Split Between Tenants
[ ] Other:___________________________________________________________Tenant agrees to pay the monthly utility charge to Landlord, plus a $__ service charge as part of each month’s rental payment.
Download: Virginia Shared Utility Arrangement Disclosure Form (PDF)
Demolition or Displacement Notice
Applies to any Virginia multifamily property scheduled for demolition, rehabilitation, or conversion within the next six months, in a way that would displace existing tenants.
Virginia landlords must provide a disclosure when they plan to displace tenants within six months of move-in due. This disclosure is required for upcoming property demolition, rehabilitation, or conversion.
DISPLACEMENT NOTICE. This property is scheduled to undergo demolition or construction that will displace tenants within 6 months.
Download: Virginia Tenant Displacement Disclosure Form (PDF)
Military Air Installation Disclosure
Applies to any Virginia rental which falls into a noise or accident potential zone due to military activity.
Virginia rentals near a relevant military air installation must disclose a risk for noise disturbances and/or accidents. Risk zones are set by the current official zoning map. The disclosure should specify the zone where the property is located, and the specific risks faced on the property.
MILITARY AIR INSTALLATION DISCLOSURE. This property is located within a:
[ ] Noise Zone
[ ] Accident Potential Zone
…as indicated by the local municipality’s official zoning map.
Download: Virginia Military Air Installation Disclosure Form (PDF)
Defective Drywall Disclosure
Applies to any Virginia rental where the landlord has actual knowledge of defective drywall.
Virginia rental property with knowledge of potentially hazardous defective drywall must disclose this fact in the rental agreement. Defective drywall has a specific meaning, set by Virginia law and the U.S. Consumer Product safety commission.
DEFECTIVE DRYWALL. This property contains defective drywall as defined by VA Code § 36-156.1.
Download: Virginia Defective Drywall Disclosure Form (PDF)
Methamphetamine Contamination Disclosure
Applies to any Virginia rental where the landlord has knowledge of possible methamphetamine contamination.
Virginia landlords must disclose any knowledge relating to methamphetamine manufacturing or contamination on rental property.
Only actual knowledge requires disclosure, not mere suspicions. If contaminated, a unit may not be rented until certified clean by the Board of Contractors, the Department of Environmental Quality and other relevant entities.
METHAMPHETAMINE DISCLOSURE. Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
This property:
[ ] Has been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Has been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] Has no suspicion of contamination
Download: Virginia Methamphetamine Contamination Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applies to any Virginia rentals built before 1978.
For any property built before 1978, federal law requires that a Virginia residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (including building-wide evaluations, for multi-unit buildings with common areas)
Download: Virginia Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Virginia law in residential lease agreements, but help with tenant management and landlord liability.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Virginia limits late fees to the lesser of 10% of the monthly rent or 10% of the unpaid balance. A late fee may be charged only after rent is legally late on the fifth of the month. Returned check fees have a $50 cap. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 Va. Code § 55.1-1216(A)
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A. For the purpose of service of process and receiving and issuing receipts for notices and demands, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the beginning of the tenancy the name and address of:
1. The person authorized to manage the premises; and
2. An owner of the premises or any other person authorized to act for and on behalf of the owner.
Source Link - 2 Va. Code § 55.1-1214
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A. The landlord shall, within five days after occupancy of a dwelling unit, submit a written report to the tenant itemizing damages to the dwelling unit existing at the time of occupancy, and the report shall be deemed correct unless the tenant objects to it in writing within five days after receipt of the report.
B. The landlord may adopt a written policy allowing the tenant to prepare the written report of the move-in inspection, in which case the tenant shall submit a copy to the landlord, and the report shall be deemed correct unless the landlord objects thereto in writing within five days after receipt of the report. Such written policy adopted by the landlord may also provide for the landlord and the tenant to prepare the written report of the move-in inspection jointly, in which case both the landlord and the tenant shall sign the written report and receive a copy of the report, at which time the inspection report shall be deemed correct.
C. If any damages are reflected on the written report, a landlord is not required to make repairs to address such damages unless required to do so under § 55.1-1215 or 55.1-1220.
Source Link - 3 Va. Code § 55.1-1204(B)
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A landlord shall offer a prospective tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord-tenant relationship and shall provide with it the statement of tenant rights and responsibilities developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139. The parties to a written rental agreement shall sign the form developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139 acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities. The written rental agreement shall be effective upon the date signed by the parties.
If a tenant fails to sign the form available pursuant to this subsection, the landlord shall record the date or dates on which he provided the form to the tenant and the fact that the tenant failed to sign such form. Subsequent to the effective date of the tenancy, a landlord may, but shall not be required to, provide a tenant with and allow such tenant an opportunity to sign the form described pursuant to this subsection. The form shall be current as of the date of delivery.
Source Link - 4 Va. Code § 55.1-1204.1
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A landlord shall provide, beginning on the first page of the written rental agreement, a description of any rent and fees to be charged to the tenant in addition to the periodic rent. Immediately above the list of fees, the written rental agreement shall state: No fee shall be collected unless it is listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.
Source Link - 5 Va. Code § 55.1-1215
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As part of the written report of the move-in inspection required by § 55.1-1214, the landlord shall disclose whether there is any visible evidence of mold in areas readily accessible within the interior of the dwelling unit. If the landlord’s written disclosure states that there is no visible evidence of mold in the dwelling unit, this written statement shall be deemed correct unless the tenant objects to it in writing within five days after receiving the report. If the landlord’s written disclosure states that there is visible evidence of mold in the dwelling unit, the tenant shall have the option to terminate the tenancy and not take possession or remain in possession of the dwelling unit. If the tenant requests to take possession, or remain in possession, of the dwelling unit, notwithstanding the presence of visible evidence of mold, the landlord shall promptly remediate the mold condition but in no event later than five business days after the tenant’s request to take possession or decision to remain in possession, reinspect the dwelling unit to confirm that there is no visible evidence of mold in the dwelling unit, and prepare a new report stating that there is no visible evidence of mold in the dwelling unit upon reinspection.
Source Link - 6 Va. Code § 55.1-1212(C)
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If energy submetering equipment, energy allocation equipment, or water and sewer submetering equipment is used in any residential building, the owner, manager, or operator of such residential building shall bill the tenant for electricity, oil, natural gas, or water and sewer for the same billing period as the utility serving the residential building, unless the rental agreement or lease expressly provides otherwise. The owner, manager, or operator of such residential building may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billing charged to the residential building owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the residential building owner and the tenant in the rental agreement or lease.
Source Link - 7 Va. Code § 55.1-1216(C)
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With respect to a multifamily dwelling unit, if an application for registration of the rental property as a condominium or cooperative has been filed with the Real Estate Board, or if there is within six months an existing plan for tenant displacement resulting from (i) demolition or substantial rehabilitation of the property or (ii) conversion of the rental property to office, hotel, or motel use or planned unit development, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose that information in writing to any prospective tenant.
Source Link - 8 Va. Code § 55.1-1217(A)
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A. The landlord of property in any locality in which a military air installation is located, or any person authorized to enter into a rental agreement on his behalf, shall provide to a prospective tenant a written disclosure that the property is located in a noise zone or accident potential zone, or both, as designated by the locality on its official zoning map. Such disclosure shall be provided prior to the execution by the tenant of a written lease agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant. The disclosure shall specify the noise zone or accident potential zone in which the property is located according to the official zoning map of the locality. A disclosure made pursuant to this section containing inaccurate information regarding the location of the noise zone or accident potential zone shall be deemed as nondisclosure unless the inaccurate information is provided by an officer or employee of the locality in which the property is located.
Source Link - 9 Va. Code § 55.1-1218(A)
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If the landlord of a dwelling unit has actual knowledge of the existence of defective drywall in such dwelling unit that has not been remediated, the landlord shall provide to a prospective tenant a written disclosure that the property has defective drywall. Such disclosure shall be provided prior to the execution by the tenant of a written lease agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant. For purposes of this section, “defective drywall” means all defective drywall as defined in § 36-156.1.
Source Link - 10 Va. Code § 55.1-1219(A)
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If the landlord of a dwelling unit has actual knowledge that the dwelling unit was previously used to manufacture methamphetamine and has not been cleaned up in accordance with the guidelines established pursuant to § 32.1-11.7 and the applicable licensing provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, the landlord shall provide to a prospective tenant a written disclosure that states such information. Such disclosure shall be provided prior to the execution by the tenant of a written lease agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant.
Source Link - 11 Va. Code § 55.1-1204(H)
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The landlord shall provide a copy of the signed written rental agreement and the statement of tenant rights and responsibilities to the tenant within 10 business days of the effective date of the written rental agreement. The failure of the landlord to deliver such a rental agreement and statement shall not affect the validity of the agreement. However, the landlord shall not file or maintain an action, including any summons for unlawful detainer, against the tenant in a court of law for any alleged lease violation until he has provided the tenant with the statement of tenant rights and responsibilities.The landlord shall provide the tenant with an additional hard copy of such tenant’s rental agreement once per year upon request or shall maintain such rental agreement in an electronic format that can be easily accessed by or shared with the tenant upon request. Any additional electronic copy of a tenant’s rental agreement provided pursuant to this subsection shall be provided by the landlord at no charge to the tenant.
Source Link - 12 Va. Code § 8.01-27.1(A)
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Except as otherwise provided in Chapter 12 (§ 55.1-1200 et seq.) or Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1, in any civil claim or action made or brought against the drawer of a check, draft or order, payment of which has been refused by the drawee depository because of lack of funds in or credit with such drawee depository, or because such check, draft or order was returned because of a stop-payment order placed in bad faith on the check, draft or order by the drawer, the holder or his agent shall be entitled to claim, in addition to the face amount of the check (i) legal interest from the date of the check, (ii) the protest or bad check return fee, if any, charged to the holder by his bank or other depository, (iii) a processing charge of $50, and (iv) reasonable attorney’s fees if awarded by the court.
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