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.

Rent Payment Laws

Grace period: Virginia does not require any specific grace period. However, if there is no written lease for the rental, a 5-day rent grace period applies (VA Code § 55.1-1204C(4)).

Late rent fees: Landlords can charge up to 10% of the monthly rent or 10% of the remaining balance due for late rent, whichever is less (VA Code § 55.1-1204E).

Tenant’s right to withhold rent: If the landlord refuses to remedy a condition that represents a violation of the lease or a safety risk to the tenant within 14 days of notice, the tenant may arrange for the repair and deduct up to one month’s rent or $1500, whichever is greater. If the tenant does deduct from the rent payment, they must provide an itemized list of the deductions (VA Code § 55.1-1244.1(B-C)).

Pet rent laws: Virginia does not restrict how much landlords can charge for pet rent.

Security Deposit Rules

Maximum security deposit: Virginia landlords can charge up to 2 months of rent for security deposits (VA Code § 55.1-1226).

Security deposit receipt: Landlords in Virginia don’t have to give tenants a receipt upon acceptance of a security deposit.

Deduction tracking: Virginia landlords can withhold funds from the security deposit for unpaid rent, damage beyond normal wear-and-tear, and other damages due to the tenant’s breach of the rental agreement. Landlords must track these deductions and provide a written notice to the tenant when returning the remainder of the funds (VA Code § 55.1-1226(A)).

Returning a tenant’s security deposit: Landlords must return security deposits within 45 days of the tenant moving out (VA Code § 55.1-1226(A)).

Pet deposit rules: Pet deposits count towards the overall cap of two months of rent for a tenant’s security deposit (VA Code § 55.1-1226).

Property Access Regulations

Advance notice: Landlords must give the tenant at least 72 hours of advance notice for routine maintenance and 24 hours for requested repairs (VA Code § 55.1-1229(4)).

Immediate access: In emergencies, the landlord may enter the unit without giving advance notice (VA Code § 55.1-1229(4)).

Landlord harassment: Landlords cannot repeatedly enter the tenant’s unit without permission or advanced notice. If they do so, the tenant may be able to end the lease early or pursue other legal remedies by court order (VA Code § 55.1-1210).

Rental Agreement Violations

Missed rent payment: When the tenant misses a rent payment, the landlord may issue a 5-day Notice to Pay or Quit. (VA Code § 55.1-1245(F)).

Lease violation: If the tenant commits a lease violation or fails to maintain the unit in a way that affects health and safety, the landlord may deliver a 21-day Notice to cure and a 30-day Notice to Quit. If the tenant does not cure the violation within 21 days, the lease will terminate on the 30th day. The landlord may issue a 30-day Notice to Quit for non-remediable breaches or repeat violations. Further, the landlord is not required to provide notice if the tenant’s breach is a criminal act and may terminate the lease immediately (VA Code § 55.1-1245).

Self-help evictions: Landlords should never attempt to evict a tenant independently, as self-help evictions are illegal in all 50 states.

Lease abandonment: If the tenant leaves the property before the end of the lease, they may be responsible for the entire rent remaining on the lease term until the landlord re-rents the unit.