Virginia
A Virginia lease agreement outlines the terms and conditions for renting a specific property. It includes essential details such as pet policies, contact information for both parties, safety disclosures, the duration of the lease, and the address of the rental property.
SimpleBasicLease_Virginia
Rental Lease Laws Overview
Virginia does not have rent control laws, allowing landlords to set rent prices without restrictions. Late fees are permitted but must be specified in the rental agreement, and there is a grace period for rent payments. Notably, landlords in Virginia are not required to hold a license.
Required Lease Disclosures
Landlords in Virginia must provide several disclosures to tenants, particularly for properties built before 1978, which may contain lead-based paint. The required disclosures include:
- Lead-Based Paint Disclosure: Mandatory for properties built prior to 1978.
- Disclosure of Defective Drywall: Required if defective drywall is present.
- Notice of Intent to Demolish: Must inform tenants if the property will be demolished or converted within six months.
- Identification of Landlord or Authorized Agents: Landlords must disclose their name and address.
- Disclosure for Methamphetamine Production: Written notice if the property was previously used for methamphetamine production.
- Military Airfield Disclosure: Tenants must be informed if the property is in a noisy military activity area.
- Mold Disclosure: Required if mold is visible within the property.
- Property Condition Disclosure: An itemized list of existing damages must be provided within five days of moving in.
- Disclosure of Shared Utilities: Tenants must be informed about shared utilities and how costs are allocated.
- Responsibilities Disclosure: A list of tenant responsibilities and rights must be provided.
- Tourism Disclosure: Must disclose if the property is in a heavily touristic area.
Security Deposit
The maximum security deposit a landlord can require is two months’ rent. Landlords are not required to provide receipts, pay interest on the deposit, or maintain a separate bank account for it. Security deposits must be returned within 45 days following the lease termination or the tenant’s departure, along with a written statement detailing any deductions.
Rent Payments
Rent is due at the beginning of the rental period. Late fees must be included in the rental agreement and cannot exceed 10% of the remaining balance or periodic rent. A grace period of five days is allowed for rent payments. If a tenant notifies the landlord of a serious hazard and the landlord fails to address it within 14 days, the tenant may withhold rent, with deductions allowed up to one month’s rent or $1,500, whichever is greater.
Landlord Right of Entry
Landlords must provide at least 72 hours’ notice before entering the property for routine maintenance. No notice is required for tenant-requested maintenance or emergencies. Tenants have remedies available if landlords attempt to lock them out or perform self-help evictions. Additionally, landlords must provide locks and peepholes when feasible.
Property Repairs
Landlords are responsible for preventing moisture accumulation and mold growth, making necessary repairs, and complying with housing and building codes. Tenants are expected to prevent mold and moisture, avoid deliberate damage, and maintain cleanliness and safety. If a tenant violates the lease, the landlord can issue a 21-day notice for curable violations or a 30-day notice for non-curable violations.
Terminating a Lease
To terminate a month-to-month tenancy without cause, a 30-day notice is required. Landlords can dispose of abandoned property by providing one of the following notices:
- A termination notice stating disposal within 24 hours after termination.
- A written notice stating disposal within 24 hours after a seven-day notice period.
- A written notice stating disposal within 24 hours after a 10-day period from the date the tenant receives the notice.
City-Specific Considerations
While the requirements outlined apply to most landlords and tenants in Virginia, local laws may vary, particularly in Virginia Beach. It is advisable to check local regulations before creating or entering into a lease agreement.
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
FAQs
In Virginia, landlords must provide several required disclosures, including information about lead-based paint, defective drywall, potential demolition, identification of the landlord, previous methamphetamine production, military airfield noise, visible mold, property condition, shared utilities, tenant responsibilities, and tourism activity in the area.
In Virginia, the maximum security deposit a landlord can require is two months’ rent. The landlord must return the security deposit within 45 days after the lease ends or the tenant vacates, along with a written statement itemizing any deductions.
A landlord in Virginia must provide at least 72 hours’ notice before entering the property for routine maintenance that has not been requested by the tenant. No notice is required if the tenant requests maintenance or in case of an emergency.
In Virginia, landlords can charge late fees only if specified in the rental agreement, and the fee cannot exceed the lesser of 10% of the remaining balance owed or 10% of the periodic rent. There is a grace period of five days before a late fee can be applied.
If a tenant in Virginia identifies a serious hazard, they must notify the landlord and give them 14 days to address the issue. If the landlord does not act, the tenant can remedy the problem themselves and deduct the expenses from their rent, up to one month’s rent or $1,500, whichever is greater.
Yes, in Virginia, there are no rent control laws, so landlords can increase rent as they wish, provided they give adequate notice to the tenant as specified in the lease agreement.
To terminate a month-to-month tenancy in Virginia, either party must provide a 30-day notice without cause. This notice must be given before the end of the rental period.
Landlords in Virginia are responsible for preventing moisture accumulation and mold growth, making necessary repairs to maintain the property in good condition, and complying with applicable housing and building codes.