Virginia Month-to-Month Lease Agreement
A Virginia month-to-month rental agreement is a lease that automatically renews each month until either the tenant or the landlord provides a 30-day notice to terminate the lease. If neither party takes action, the lease remains in effect.
Virginia Month-to-Month Lease Agreement
Month-to-Month Lease Laws
Termination Notice
In Virginia, either the tenant or the landlord must provide a minimum of 30 days’ notice to terminate a month-to-month lease.
Rent Increase Notice
Landlords are required to give a 30-day notice before implementing any rent increase. The new rent amount cannot take effect until the next rent due date following the notice.
Required Disclosures
Landlords in Virginia must provide specific disclosures to tenants, which include:
- Defective Drywall – Tenants must be informed of any defective drywall present in the rental unit.
- Demolition or Conversion to Condominium – If there are plans for demolition or conversion of the property to a condominium or co-op within the next six months, this information must be disclosed to potential tenants.
- Lead-Based Paint Disclosure – For properties constructed before 1978, landlords must complete a lead-based paint disclosure.
- Manager and Owner Information – Landlords must provide the names and addresses of the property manager and owner, or any authorized representative.
- Methamphetamine Disclosure – If the rental unit was previously used for methamphetamine production and has not been properly disinfected, landlords must disclose this information.
- Military Air Installation Disclosure – Tenants must receive a disclosure regarding potential noise and risks associated with military air installations if renting near an airbase.
- Mold – Landlords are required to report any visible mold found during the move-in inspection.
- Move-In Inspection – A move-in inspection report must be completed and provided within the first five days of a new tenancy.
- Sale of Property – Landlords must notify tenants if the property is sold and provide the buyer’s information.
- Statement of Tenant Rights and Responsibilities – This statement must be signed by both the landlord and tenant and attached to the lease.
- Tourism Activity Zone – Landlords must inform tenants if they are moving into a unit within or near a designated tourism activity zone, which may lead to disturbances from events or parades.
Virginia Month-to-Month Eviction
The process for evicting a tenant on a month-to-month lease in Virginia is straightforward. The landlord must issue a 30-day notice to the tenant, allowing them 30 days to vacate the unit. If the tenant does not comply with the request, the landlord may proceed with eviction through the appropriate court process.
Statutes
- Va. Code § 55.1-1226(A) – Security deposits
- Va. Code § 55.1-1205 – Prepaid rent; maintenance of escrow account
- Va. Code § 8.01-27.1 – Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers
- Va. Code § 55.1-1239 – Wrongful failure to supply an essential service
- Va. Code § 55.1-1410 – Notice to terminate a tenancy in nonresidential rental property; notice of change in use of multifamily residential building
- Va. Code § 55.1-1241 – Landlord’s noncompliance as defense to action for possession for nonpayment of rent
- Va. Code § 55.1-1247 – Sheriffs authorized to serve certain notices; fee for service
- Va. Code § 55.1-1235 – Early termination of rental agreement by military personnel
- Va. Code § 55.1-1230 – Access following entry of certain court orders
- Va. Code § 55.1-1249 – Remedies for absence, nonuse, and abandonment
- Va. Code § 55.1-1223 – Notice to tenants for insecticide or pesticide use
- Va. Code § 55.1-1236 – Early termination of rental agreements by victims of family abuse, sexual abuse, or criminal sexual assault
- Va. Code § 55.1-1258 – Retaliatory conduct prohibited
- Va. Code § 55.1-1244.1 – Tenant’s remedy by repair
- Va. Code § 55.1-1245 – Noncompliance with rental agreement; monetary penalty
- Va. Code § 55.1-1204 – Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant
- Va. Code § 55.1-1253 – Periodic tenancy; holdover remedies
- Va. Code § 55.1-1226 – Security deposits
- Va. Code § 55.1-1245 – Noncompliance with rental agreement; monetary penalty
- Va. Code § 55.1-1229 – Access; consent; correction of nonemergency conditions; relocation of tenant; security systems
- Va. Code § 55.1-1249 – Remedies for absence, nonuse, and abandonment
- Va. Code § 55.1-1209 – Confidentiality of tenant records
- Va. Code § 55.1-1220 – Landlord to maintain fit premises
- Va. Code § 55.1-1227 – Tenant to maintain dwelling unit
- Va. Code § 55.1-1258 – Retaliatory conduct prohibited
FAQs
A month-to-month rental agreement in Virginia is a lease that automatically renews each month until either the tenant or landlord provides a 30-day notice to terminate it. If no notice is given, the lease remains active.
Landlords in Virginia must provide several disclosures, including lead-based paint, defective drywall, intent to demolish, identification of the landlord or authorized agents, methamphetamine production, military airfield noise, mold presence, existing damage, shared utilities, and tourism activity disclosures.
To terminate a month-to-month lease in Virginia, either the tenant or landlord must provide at least 30 days’ notice, unless the agreement specifies otherwise.
Yes, a landlord can increase rent on a month-to-month lease in Virginia, but they must provide a 30-day notice before the new rent amount takes effect at the next rent due date.
To evict a tenant on a month-to-month lease in Virginia, the landlord must issue a 30-day notice for the tenant to vacate. If the tenant does not leave, the landlord can pursue eviction through the appropriate court.
The move-in inspection report is required within the first five days of a new tenancy to document the condition of the rental unit. This helps protect both the landlord and tenant regarding any existing damages.
If a landlord sells the property during a lease, they must notify the tenants of the sale and provide the buyer’s information, ensuring that tenants are aware of who they will be dealing with moving forward.
The military air installation disclosure informs tenants renting near military airbases about potential noise levels and risks associated with military accidents, ensuring they are aware of possible disturbances.