If you asked the best landlords in the business, they’d all tell you that you need a Virginia room rental agreement to rent out your spare room. Creating a Virginia lease agreement for your room rental sets expectations, establishes clear rules, and keeps disputes from getting out of hand. Pair it with property management software, and you’re making the entire process as streamlined and straightforward as possible.
Here’s everything you need to know about room rental agreements in Virginia to make everybody’s lives easier:
Room Rental Laws
When renting out a room, you’ll need to comply with Virginia state and federal laws, as well as landlord-tenant laws. Here’s a snapshot of landlord responsibilities:
- Create a safe, livable environment.
- Notify tenants before entering their room.
- Never harass tenants.
- Make all mandatory disclosures.
Next, here’s a recap of contract types and rental laws:
Different Types of Room Rental Agreements in Virginia
Virginia landlords can use any of the following contracts when renting out a room:
- Verbal agreement: We don’t recommend word-of-mouth agreements. Instead, opt for a written lease.
- Fixed-term lease: They specify a start and end date, and tenancies typically range from 6 months to 1 year.
- Month-to-month lease or “tenancy at will”: These contracts renew each month until either the landlord or the tenant terminates them.
Use landlord software to create a legally compliant Virginia room rental agreement, whether you want the stability of a fixed-term lease or the flexibility of month-to-month contracts.
Required Landlord Disclosures
Make sure to include the following disclosures in your room rental agreement in Virginia:
- Landlord info: Provide tenants with the property manager or landlord’s name and address (Va. Code § 55.1-1216).
- Move-in checklist: Share a move-in checklist with the tenant within 5 days of move-in (Va. Code § 55.1-1214).
- Tenant’s rights and responsibilities: Give tenants a copy of the lease and house rules before move-in (Va. Code § 55.1-1204).
- Fees: Disclose rent and fees on the lease’s first page (Va. Code § 55.1-1204).
- Electronic notices: If you plan on sending tenants any communications electronically, detail the process in the lease (Va. Code § 55.1-1202).
- Acceptance of rent with reservation: Include a statement in the lease explaining that landlords accept any rent owed with reservation, and don’t waive their right to evict tenants (Va. Code § 55.1-1250).
- Shared utilities: If rental properties split utilities, outline how you will divide the costs (Va. Code § 55.1-1212).
- Mold: Disclose visible evidence of mold. If the tenant wishes to remain in the property, the issue must be fixed within 5 days (Va. Code § 55.1-1215).
- Defective drywall: If there is defective drywall in the home, notify tenants in writing (Va. Code § 55.1-1218).
- Methamphetamine risks: Tell tenants if you know that someone has produced methamphetamine in the unit (Va. Code § 55.1-1219).
- Demolition notice: Inform tenants if you’re planning to demolish or renovate a multifamily property (Va. Code § 55.1-1216).
- Proximity to military air installation: Landlords of properties near military air installations must warn tenants about potential noise disturbances or accidents (Va. Code § 55.1-1217).
- Lead-based paint: If your rental property was built before 1978, inform tenants about lead-based paint and related hazards (42 U.S.C. § 4852d).
Next, here’s a quick overview of rental laws in the Old Dominion State:
Security Deposit Rules
Maximum security deposit: State law caps security deposits at 2 months’ rent (Va. Code § 55.1-1226).
Security deposit receipt: Provide written receipts for cash or money order payments upon request by tenants (Va. Code § 55.1-1204).
Deduction tracking: Give tenants a written itemized statement detailing deductions within 45 days (Va. Code § 55.1-1226).
Security deposit return: Return the remaining deposit and a written statement of any deductions within 45 days (Va. Code § 55.1-1226).
Pet deposits: Pet deposits count towards the total security deposit (Va. Code § 55.1-1226).
Rent Payment Rules
Late rent fees: State law caps late fees at the lesser of 10% of 1 month’s rent or 10% of the balance owed (Va. Code § 55.1-1204).
Right to withhold rent: Virginia doesn’t have a specific law allowing tenants to withhold rent.
Grace period: No laws in Virginia require landlords to offer tenants a grace period for late rent.
Pet rent: Landlords can collect pet rent if they outline the policy in the lease.
Rent Payment Increase Rules
Rent payment increase frequency: Virginia law doesn’t restrict how often landlords can increase rent.
Rent payment increase maximum: No legal guidelines limit rent increase amounts.
Rent control/stabilization: Virginia law doesn’t mandate rent control policies.
Room Rental Agreement Breaches
Failure to pay: Give tenants written notice, and after you serve them, require them to pay the rent within 5 days. After 5 days, you can initiate the state’s lawful eviction process (Va. Code § 55.1-1245).
Lease violations: Landlords must serve tenants a 21/30 Notice, giving them 21 days to fix the issue. If they don’t take action within that time frame, the lease will terminate at the end of the 30-day period (Va. Code § 55.1-1245).
Self-help evictions: Virginia law prohibits landlords from forcing tenants out of their rooms, interrupting essential services, or making the rooms unsafe (Va. Code § 55.1-1243).
Terminating a Room Rental Agreement
Month-to-month: Give tenants 30 days’ written notice to terminate a month-to-month rental agreement (Va. Code § 55.1-1253).
Fixed-term: Landlords who end a fixed-term lease agreement early without a legal cause could face penalties.
Room abandonment: If a tenant removes their personal property, stops paying rent, and clearly indicates they won’t return, landlords can enter the room and re-rent it. However, landlords must send tenants written notice (Va. Code § 55.1-1249).
Tenant’s right to terminate: State law allows tenants to end their lease early with written notice if they have a legal reason to do so, including abuse or stalking (Va. Code § 55.1-1236).
Landlord Access Laws
Immediate access: Virginia law allows landlords to enter without notice in emergencies (Va. Code § 55.1-1229).
Landlord harassment: Landlords can’t abuse their legal right to entry to harass tenants in any way (Va. Code § 55.1-1229).
Advance notice: Landlords must give at least 24 hours’ notice and enter at reasonable times (Va. Code § 55.1-1229).
Lease Agreement Renewal and Termination
Required renewals: State law doesn’t mandate renewals for a room rental agreement in Virginia.
Month-to-month considerations: Fixed-term leases convert to month-to-month agreements if the tenant stays after the lease date (Va. Code § 55.1-1202).
We hope this guide helps you create a clear, compliant Virginia room rental agreement form.
Room Rental Agreement Virginia FAQs
What to include in a Virginia room rental agreement?
- Rent
- Security deposits
- Disclosures
- House rules
How do I legally rent out a room?
Create a room rental agreement in Virginia and comply with all applicable rental laws.
How to make a Virginia room rental agreement?
Use iPropertyManagement’s printable PDF template to make it quick and straightforward.
