Virginia Residential Lease Agreement

Required Landlord Disclosures (13)

Landlords need to communicate specific information about renting property in Virginia through disclosures. Here are the disclosures Virginia landlords must be aware of.

1. Landlord’s name and address: All rental leases must include either the landlord’s or their agent’s name and address (§ 55.1-1216).

2. Statement of Tenant Rights and Responsibilities: Tenants must receive the Statement of Tenant Rights and Responsibilities and a copy of the signed contract within 10 business days of the contract’s effective date.

3. Move-in checklist: Landlords must supply a move-in checklist within 5 days of the tenant taking possession of the property. The checklist is an inventory of existing property damage that enables fair deductions from security deposits when the lease ends (§ 55.1-1214).

4. Fee disclosure statement: The first page of all leases must include specific wording and a full disclosure of all rent and any possible additional fees (§ 55.1-1204.1).

5. Lead-based paint: Landlords of homes built before 1978 must inform prospective tenants of possible lead-based paint and related hazards before leasing the property. Landlords must also give tenants an EPA pamphlet.

6. Mold disclosure: When units have visible evidence of mold, landlords must inform tenants where mold is present in all indoor areas. If additional areas of mold are discovered, Landlords have 5 business days to remediate the mold if tenants don’t end the lease. If tenants find visible mold in the rental, they must tell the landlord within 5 days (§ 55.1-1215).

7. Shared utilities: Leases must include information on how landlords charge tenants for any shared utilities if the landlord uses a submetering or ratio utility billing system in a residential lease (§ 55.1-1212).

8. Electronic notices: Landlords who want to send tenants notices electronically must disclose this in the lease. Tenants may request notices in paper form (§ 55.1-1202).

9. Methamphetamine contamination: Landlords must disclose any information regarding any history of meth manufacturing or contamination on the rental property (§ 55.1-1219).

10. Military (air) zone: When a rental unit and military air installation are in the same area, landlords must tell tenants that the property is within a noise or risk zone and relate the possible risks (§ 55.1-1217).

11. Defective drywall: Landlords must inform tenants about defective drywall on the property (§ 55.1-1218).

12. Demolition or displacement: If a landlord plans to displace tenants within six months of their move-in because of property demolition, rehabilitation, or conversion, the upcoming displacement must be disclosed in the lease (§ 55.1-1216).

13. Statement of acceptance of rent with reservation: The lease must state that any and all rent owed to the landlord is accepted with reservation and does not constitute a waiver of the landlord’s right to evict (§ 55.1-1250).

Security Deposit Regulations

Maximum security deposit amount: Landlords may only charge up to two months’ rent as a security deposit.

Receipt of deposit: Landlords aren’t required to give tenants a security deposit receipt.

Deduction tracking: When landlords deduct from the security deposit to cover unpaid rent or the costs of damages, they must itemize the withheld amounts in a written notice provided to the tenant within 45 days of the lease’s termination date or the date when the tenant vacates the unit, whichever occurs later.

Returning a tenant’s security deposit: Landlords must return security deposits within 45 days of a lease’s termination date or the date when tenants vacate the unit, whichever occurs later.

Landlord’s Access to Property

Advance notice: Landlords must provide notice at least 24 hours before entering the rental unit to perform requested routine maintenance. For routine maintenance that the tenant hasn’t requested, 72 hours advance notice must be given.

Immediate access: If the tenant requests maintenance or there is an emergency, the landlord may enter the rental unit without providing notice to the tenant.

Landlord harassment: Landlords cannot enter properties without a valid reason and the tenants’ permission (whenever required). If the landlord enters the property illegally or harasses the tenant, the tenant may obtain a court order or end the rental contract. The tenant may also sue for damages and attorney fees.

Rent Payment Laws

Grace period: Virginia doesn’t have a mandatory grace period. However, if landlords don’t supply a written lease agreement, tenants have a 5-day grace period to pay rent. After the grace period, if the tenant has not paid the rent, landlords may send a 5-day notice to quit the property or pay the rent.

Late rent fees: Landlords may charge late fees if such charges are laid out in the rental agreement. Late fees may not exceed 10% of the monthly rent or 10% of the unpaid balance. If the payment doesn’t go through due to a bad check or rejected bank draft, landlords can charge a maximum fee of $50.

Tenant’s right to withhold rent: Tenants may inform the landlord of an issue with the property that violates the rental contract or law. If the landlord doesn’t correct the problem, the tenants may repair it. They may withhold rent or ask for reimbursement up to $1,500 or one month’s rent, whichever is greater.

Breach of Rental Agreement

Missed rent payment: If tenants don’t pay the rent by the due date or they make an invalid payment, landlords may send a 5-day notice to end the lease. The lease may continue if tenants pay the rent within the allowed period.

Lease violation: If tenants don’t perform their duties and responsibilities according to the agreement or they cause a significant issue for human health and safety, landlords may send a 30-day notice to end the lease.

If tenants engage in criminal or willful acts on the property, landlords may end the lease immediately by sending a written notice to quit the property.

Self-help evictions: Landlords must receive a court order to evict a tenant. Self-help evictions are not permitted and may cause fines for the landlord.

Lease abandonment: If the tenant abandons the property before the lease ends, they may be responsible for paying rent until the unit is re-rented, attorney fees, the cost of service notices, plus paying for and claiming any property they left at the rental unit.

Ending a Lease

Month-to-month: To end a month-to-month lease, tenants must provide their landlord 30 days’ written notice, except under special circumstances: military service, domestic violence, extensive property damage, or lease violations.

Fixed-term: When tenants break a lease without legal justification, they owe the rent until the landlord re-rents the property or the lease term ends, whichever is first. Tenants may legally break a lease in some situations, such as military service, domestic violence, extensive property damage, or lease violations.

Property abandonment: Landlords must notify tenants that all abandoned belongings will be disposed of 24 hours after the lease ends. After that, landlords may dispose of, donate, or sell the abandoned items.

Renewing a Lease

Required renewals: Rental agreements with terms of one year or more will automatically renew with the same terms.

Required notice: Landlords must give tenants 60 days’ written notice before the lease ends if they want to change the terms of the new lease or not renew it.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.