Virginia Month-to-Month Lease Agreement

Required Landlord Disclosures (13) 

When a new tenancy begins, whether fixed-term or month-to-month, landlords must provide tenants with certain mandatory disclosures required by Virginia law.

1. Lead-based paint: According to federal law, landlords must make tenants aware of any lead-based paint or lead-based paint hazards on all properties built before 1978.

2. Landlord contact info: Landlords in Virginia must notify tenants of the name and address of the person authorized to manage the property. (VA Code § 55.1-1216A(1-2)).

3. Statement of tenant rights and responsibilities: Virginia landlords must provide a list of rental rules and tenant rights with a copy of the lease before the tenancy begins (VA Code § 55.1-1204H).

4. Mold: Landlords are legally required to disclose any visible evidence of mold within the unit and remediate the issue within 5 days if the tenant wishes to remain in the unit. Once they have remediated the mold, the landlord is not required to disclose it again (VA Code § 55.1-1215).

5. Military air installation: If the property is near a military air installation, the landlord must disclose to the tenant that there could be significant noise or the potential for an accident (VA Code § 55.1-1217).

6. Defective drywall: If a landlord knows a unit has defective drywall, they must disclose that information to the tenant in writing (VA Code § 55.1-1218).

7. Methamphetamine contamination: Virginia landlords who are aware that someone previously produced methamphetamine in their unit must disclose that information to the tenant (VA Code § 55.1-1219).

8. Move-in checklist: Within 5 days of the tenant taking possession of the property, Virginia landlords must provide a move-in checklist to take inventory of the present physical condition of the unit (VA Code § 55.1-1214).

9. Demolition: Landlords planning to demolish or significantly remodel a multifamily home must disclose that information to tenants (VA Code § 55.1-1216C).

10. Fee disclosure statement: All Virginia leases must disclose on the front page the amount of rent due and any possible additional fees (VA Code § 55.1-1204.1)

11. Shared utilities: Virginia landlords must outline how they charge for utilities if they split them between units (VA Code § 55.1-1212).

12. Electronic notices: If a landlord wishes to send tenants notices electronically, they must disclose their procedures in the lease (VA Code § 55.1-1202).

13. Statement of acceptance of rent with reservation: Virginia landlords must include language in the lease agreement that any and all rent owed to the landlord is accepted with reservation and does not waive their right to evict (VA Code § 55.1-1250).

Required Notice to Terminate Month-to-Month Agreement

Since month-to-month lease agreements have no specific end date, special rules are required to end them.

Required notice for landlord: At least 30 days of written notice.

Required notice for tenant: At least 30 days of written notice.

Rent Increase Laws

Virginia has no rent control or stabilization laws, allowing landlords to raise the rent to the amount they see fit. For fixed-term leases, landlords cannot increase rent until the end of the fixed term but can increase rent for month-to-month contracts with 30 days of written notice.

Landlords are forbidden from raising rent in a discriminatory or retaliatory way and must follow all local laws and guidelines.

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