Virginia Rental Agreement

A Virginia rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Virginia landlord-tenant law governs these agreements; rental terms must be within the limits allowed by law.

Virginia Rental Agreement Types

A Virginia residential lease agreement (“rental agreement”) is a legal contract for a tenant to rent a residential property from a landlord, subject to terms and conditions agreed by all parties.

A Virginia month-to-month lease agreement is a contract (not necessarily written) where a tenant rents property from a landlord. The full rental term is one month, renewable on a month-to-month basis.

Virginia landlords may use a rental application form to screen prospective tenants. A rental application collects information relating to finances, rental history, and past evictions.

A Virginia sublease agreement is a legal contract where a tenant ("sublessor") rents (“subleases”) property to a new tenant (“sublessee”), usually with the landlord’s permission.

A Virginia roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.

A Virginia commercial lease agreement is a legal contract arranging the rental of commercial space between a landlord and a business.

Common Residential Rental Agreements in Virginia

• Virginia Realtors Residential Lease – This template is for use by members of the Virginia Realtors only. It is in common use for residential rental properties throughout Virginia. It covers a number of landlord-tenant topics in detail, including noise, smoke and carbon monoxide protection, and even structural considerations like defective drywall.

Virginia Required Lease Disclosures

• Landlord’s Name and Address(required for all leases) – Virginia leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
• Move-In Checklist(required for all leases) – Virginia leases must include a move-in checklist to inventory the condition of the property, completed within 5 days of move-in. Deductions from a security deposit may be illegal without a properly executed checklist.
• Statement of Tenant Rights and Responsibilities(required for all leases) – Landlords must accompany every new lease with a Statement of Tenant Rights and Responsibilities produced by the state Department of Housing and Community Development. [4]
• Fee Disclosure Statement(required for all leases) – Landlords must disclose the total rent and all fees which may be charged under the lease, together with a statement that the landlord is not allowed to charge fees which aren’t in the disclosure (and aren’t agreed later in an addendum). [5]
• Shared Utility Arrangements(required for some leases) – Virginia landlords must disclose how charges are apportioned whenever there is a shared utility meter between multiple tenants and/or common areas.
• Tenant Displacement Notice(required for some leases) – Virginia landlords of any property scheduled for demolition or major construction within 6 months of the move-in date must disclose this to tenants in the lease.
• Military Air Installation Disclosure(required for some leases) – Virginia properties located near a military air installation must disclose the specific zone that the rental property falls into, per the state’s zoning map. The disclosure must also cover risks associated with the location, since it represents a heightened threat of nuisance.
• Defective Drywall Disclosure(required for some leases) – Virginia landlords must disclose any knowledge of defective drywall on the rental property, for tenant safety.
• Methamphetamine Contamination Disclosure(required for some leases) – Virginia landlords must disclose any actual knowledge of potential methamphetamine contamination in the property. Property with untreated contamination can’t be rented out.
• Lead-Based Paint Disclosure(required for some leases) – For any property built before 1978, federal law requires that a Virginia residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.

To learn more about required disclosures in Virginia, click here. Some Virginia cities, like Virginia Beach, may require additional disclosures. Local laws apply in addition to state laws.

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. [3]

Virginia Landlord Tenant Laws

• Warranty of Habitability – Virginia landlords can only rent out habitable property, which means providing certain features essential to basic health and safety. This includes things like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within 14-21 days after proper notice from the tenant. Failure to repair lets a tenant sue the landlord, terminate the lease, or (in some cases) make repairs and deduct from the rent. Tenants in Virginia aren’t allowed to withhold rent.
• Evictions – Virginia landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Landlords must provide tenants with prior notice to pay, comply or quit, depending on the type of eviction, which triggers different notice periods. Evictions may take around 2 to 4 months. Virginia also has an Eviction Diversion Pilot Program for certain low-income tenants. [1]
• Security Deposits – Virginia caps security deposits at a maximum of two months’ rent. Upon lease termination, a landlord has 45 days to return any unused portion of a tenant’s security deposit.
• Lease Termination – Virginia allows tenants to break a month-to-month lease with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, failure to make a mandatory disclosure, or domestic abuse.
• Rent Increases and Fees – Virginia does not set a maximum cap on the amount of a rent increase, or require a particular amount of advance notice before the increase goes into effect. Most fees charged to a tenant must be agreed in the lease to be enforceable. Some are capped by law, including late fees (maximum 10% of the monthly rent) and bounced check fees (maximum $50).
• Landlord Entry – Virginia landlords can enter rental property at reasonable times for purposes reasonably related to the tenancy, like maintenance, inspections, and property showings. Before entering, a landlord must provide at least 72 hours of advance notice, unless it’s an emergency situation, and must specify the latest date (within the next 14 days) that the entry will occur. [2]
• Settling Legal Disputes – Virginia allows hearing landlord-tenant disputes in its small claims courts, as long as the amount in controversy is under $5,000. Unlike many states, Virginia allows evictions in small claims, although regular civil courts are also always an option.

To learn more about landlord tenant laws in Virginia, click here.

Sources

(Expires July 1, 2025) Eviction Diversion Pilot Program; process; court-ordered payment plan.

A. A tenant in an unlawful detainer case shall be eligible to participate in the Program if he:

1. Appears in court on the first docket call of the case and requests to have the case referred into the Program;

2. Pays to the landlord or into the court at least 25 percent of the amount due on the unlawful detainer as amended on the first docket call of the case;

3. Provides sworn testimony that he is employed and has sufficient funds to make the payments under the court payment plan, or otherwise has sufficient funds to make such payments;

4. Provides sworn testimony explaining the reasons for being unable to make rental payments as contracted for in the rental agreement;

5. Has not been late within the last 12 months in payment of rent as contracted for in the rental agreement at the rate of either (i) more than two times in six months or (ii) more than three times in 12 months;

6. Has not exercised the right of redemption pursuant to § 55.1-1250 within the last six months; and

7. Has not participated in an eviction diversion program within the last 12 months.

B. The court shall direct an eligible tenant pursuant to subsection A and his landlord to participate in the Program and to enter into a court-ordered payment plan. The court shall provide for a continuance of the case on the docket of the general district court in which the unlawful detainer action is filed to allow for full payment under the plan. The court-ordered payment plan shall be based on a payment agreement entered into by the landlord and tenant, on a form provided by the Executive Secretary, and shall contain the following provisions:

1. All payments shall be (i) made to the landlord; (ii) paid by cashier’s check, certified check, or money order; and (iii) received by the landlord on or before the fifth day of each month included in the plan;

2. The remaining payments of the amounts on the amended unlawful detainer after the first payments made on the first docket call of the case shall be paid on the following schedule: (i) 25 percent due by the fifth day of the month following the initial court hearing date, (ii) 25 percent due by the fifth day of the second month following the initial court hearing date, and (iii) the final payment of 25 percent due by the fifth day of the third month following the initial court hearing date; and

3. All rental payments shall continue to be made by the tenant to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement each month during the course of the court-ordered payment plan.

C. If the tenant makes all payments in accordance with the court-ordered payment plan, the judge shall dismiss the unlawful detainer as being satisfied.

D. If the tenant fails to make a payment under the court-ordered payment plan or to keep current any monthly rental payments to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement, the landlord shall submit to the general district court clerk a written notice, on a form provided by the Executive Secretary, that the tenant has failed to make payments in accordance with the plan. A copy of such written notice shall be given to the tenant in accordance with § 55.1-1202.

The court shall enter an order of possession without further hearings or proceedings, unless the tenant files an affidavit with the court within 10 days of the date of such notice stating that the current rent has in fact been paid and that the landlord has not properly acknowledged payment of such rent. A copy of such affidavit shall be given to the landlord in accordance with § 55.1-1202.The landlord may seek a money judgement for final rent and damages pursuant to subsection B of § 8.01-128.

E. Nothing in this section shall be construed to limit (i) the landlord from filing an unlawful detainer for a non-rent violation against the tenant while such tenant is participating in the Program or (ii) the landlord and tenant from entering into a voluntary payment agreement outside the provisions of this section.

The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times. Unless impractical to do so, the landlord shall give the tenant at least 72 hours’ notice of routine maintenance to be performed that has not been requested by the tenant. Such routine maintenance shall be performed within 14 days of delivery of the notice to the tenant, and the notice shall state the last date on which the maintenance may possibly be performed. If the tenant makes a request for maintenance, the landlord is not required to provide notice to the tenant.

A. If the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, or welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned, the landlord shall be liable to the tenant for actual damages. The landlord shall also return to the tenant any (i) prepaid rent that had not become due as of the date of condemnation, (ii) security deposit, or (iii) rent paid, if any, to the landlord subsequent to the unit being condemned.

B. No landlord shall be liable pursuant to this section if:

1. The condemnation of the dwelling unit was caused by (i) the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant or (ii) an act of God; or

2. The lease was properly terminated pursuant to § 55.1-1240.

A landlord shall offer a prospective tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord-tenant relationship and shall provide with it the statement of tenant rights and responsibilities developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139. The parties to a written rental agreement shall sign the form developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139 acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities. The written rental agreement shall be effective upon the date signed by the parties.

If a tenant fails to sign the form available pursuant to this subsection, the landlord shall record the date or dates on which he provided the form to the tenant and the fact that the tenant failed to sign such form. Subsequent to the effective date of the tenancy, a landlord may, but shall not be required to, provide a tenant with and allow such tenant an opportunity to sign the form described pursuant to this subsection. The form shall be current as of the date of delivery.

A landlord shall provide, beginning on the first page of the written rental agreement, a description of any rent and fees to be charged to the tenant in addition to the periodic rent. Immediately above the list of fees, the written rental agreement shall state: 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.