Virginia Residential Lease Agreement

Last Updated: July 18, 2024 by Roberto Valenzuela

A Virginia residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Virginia Residential Lease Agreement Disclosures

These disclosures are required for some or all 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

Applicable to all Virginia rentals.

Virginia leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.

Virginia allows most landlord-tenant notices to go through electronic means of communication, if the appropriate email addresses are written in the lease.

Move-In Checklist

Applicable to all Virginia rentals.

Virginia landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. The checklist should be completed within five days of move-in. This enables accurate deductions from the security deposit upon move-out.

Download: Virginia Move-In Checklist Disclosure Form (PDF)

Statement of Tenant Rights and Responsibilities

Applicable 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, with citations.

Download: Virginia Statement of Tenant Rights and Responsibilities

Fee Disclosure Statement

Applicable 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 additional 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 executed later in a separate addendum to the rental agreement, a landlord cannot legally bill it.

Mold Disclosure

Applicable 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

Applicable 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

Applicable 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 who plan to displace tenants within six months of move-in due to property demolition, rehabilitation, or conversion must disclose the incoming displacement in the rental agreement.

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

Applicable to any Virginia rental which falls into a noise or accident potential zone due to military activity.

Virginia rentals must disclose a risk for noise disturbances and/or accidents, when located near a relevant military air installation. Risk zones are set by the current official zoning map. The disclosure should specify the zone the property falls within, and the specific risks faced.

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

Applicable 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

Applicable 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

Applicable 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:

Download: Virginia Lead-Based Paint Disclosure Form (PDF)

note
In addition to disclosures in the lease itself, Virginia law also requires a landlord to provide a tenant with an extra hard copy of the lease once per year upon request, or make a copy easily accessible online at no cost to the tenant.

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Virginia law in residential lease agreements, but assist with tenant management and help limit landlord liability.

Optional Disclosure How the Disclosure is Helpful
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of 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. In Virginia late fees are capped at the lesser of 10% of the monthly rent or 10% of the unpaid balance, 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.
note
Some Virginia cities, like Virginia Beach, have more comprehensive rules than the statewide standard. Always check local laws.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. 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.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

 

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