Virginia Lease Agreement

Understanding Virginia Lease Agreement Requirements

State Legal Framework

Virginia landlord tenant law provides the foundation for all residential rental agreements in the state. The Virginia Residential Landlord and Tenant Act (VRLTA) (Virginia Code § 55.1-1200 et seq.) establishes comprehensive rights and responsibilities for both parties. Virginia provides balanced protections for landlords and tenants while maintaining efficient procedures for addressing disputes. The state does not impose rent control, and Virginia law prohibits localities from enacting rent control ordinances. The Virginia rental lease agreement becomes enforceable when both parties sign the document, creating mutual obligations that govern the entire landlord-tenant relationship under the Virginia Residential Landlord and Tenant Act.

Written Agreement Standards

Virginia requires written rental agreements for all tenancies. This is a significant requirement that distinguishes Virginia from many other states. The written residential lease agreement Virginia landlords provide must comply with VRLTA requirements and include specific terms and disclosures.

Essential Elements of a Virginia Lease Agreement

Parties and Property Identification

Complete Party Information Every Virginia lease agreement template should identify all parties involved in the rental arrangement. Required information includes:

• Full legal names of all landlords or property managers
• Full legal names of all adult tenants
• Complete property address including unit numbers
• Legal property description when applicable

Accurate identification prevents confusion about who holds rights and responsibilities under the agreement.

Lease Term and Duration

Fixed-Term Agreements Fixed-term leases establish specific start and end dates for tenancies. Most Virginia rental contracts run for 12-month periods, though landlords can create agreements for any duration. Fixed-term leases provide stability for both parties and establish clear expectations about tenancy length.

Month-to-Month Arrangements Month-to-month rental agreements offer flexibility for landlords and tenants who prefer shorter commitments. These arrangements automatically renew each month until either party provides proper termination notice. Virginia requires 30 days written notice to terminate month-to-month tenancies.

Rent Payment Terms

Payment Obligations Virginia lease agreements must clearly state rent payment requirements including:

• Monthly rent amount
• Payment due date
• Accepted payment methods
• Where tenants should submit payments
• Grace period provisions

Virginia requires landlords to provide a five-day grace period for rent payments. Rent cannot be considered late for purposes of late fees until after this grace period expires.

Late Fee Provisions Virginia limits late fees to the lesser of:

• 10% of the periodic rent, OR
• 10% of the amount of rent due and unpaid

Late fees cannot be charged until after the five-day grace period. Late fee policies should appear clearly in the rental agreement Virginia tenants receive.

Security Deposit Requirements in Virginia

Deposit Limits and Handling

Statutory Cap Virginia limits security deposits to two months rent. This cap applies to the total security deposit collected, including any pet deposits.

No Separate Account Requirements Virginia does not require landlords to hold security deposits in separate escrow accounts. However, landlords must hold deposits in accordance with VRLTA requirements and maintain proper records.

Return Procedures

45-Day Timeline Virginia landlords must return security deposits within 45 days after tenants vacate properties and the landlord receives the tenant’s forwarding address. This timeline applies to both the deposit return and required itemized statements of deductions.

Itemization Requirements If landlords withhold any portion of the deposit, they must provide a written itemized statement of deductions describing:

• Each item of damage claimed
• Actual cost of repairs
• Any unpaid rent or charges

Allowable Deductions Landlords can deduct from security deposits for:

• Unpaid rent
• Damage beyond normal wear and tear
• Costs to restore property to move-in condition
• Reasonable cleaning costs
• Unpaid utility charges that become landlord’s responsibility
• Other damages as provided in the lease

Providing itemized deduction statements with remaining deposit balances prevents tenant disputes.

Move-In Inspection

Virginia requires landlords to prepare a written report of the move-in condition of the property. The report must:

• Document the condition of the premises
• Be prepared within five days of move-in
• Include a copy given to the tenant
• Be signed by both parties (or noted if tenant refuses)

This documentation is essential for security deposit disputes.

Wrongful Withholding Penalties

Virginia landlords who wrongfully withhold security deposits may face legal action from tenants. If a landlord fails to return the deposit or provide proper itemization within 45 days, the tenant may recover:

• The security deposit
• Actual damages
• Reasonable attorney fees

If the landlord acted in bad faith, the tenant may also recover additional damages.

Required Disclosures for Virginia Rental Agreements

Lead-Based Paint Disclosure

Federal law mandates lead-based paint disclosures for all rental properties built before 1978. Virginia landlords must provide:

• Written disclosure of known lead-based paint presence
• EPA pamphlet “Protect Your Family from Lead in Your Home”
• Ten-day opportunity for lead inspection
• Signed acknowledgment of disclosure receipt

Owner/Agent Identification

Virginia requires landlords to disclose:

• Name and address of the property owner
• Name and address of any person authorized to manage the property
• Name and address of person authorized to act on behalf of the landlord for purposes of service of process and receiving notices and demands

This information must be provided in the lease agreement.

Move-In Checklist Disclosure

Virginia requires landlords to provide a written report of the move-in condition of the dwelling unit within five days of move-in.

Mold Disclosure

Virginia requires landlords to disclose:

• Visible evidence of mold in the dwelling unit
• Any mold that has been previously remediated

This disclosure must be made in writing before the tenant moves in.

Defective Drywall Disclosure

Virginia requires landlords to disclose if the property contains defective drywall (Chinese drywall) that has not been remediated.

Ratio Utility Billing Disclosure

If the landlord uses ratio utility billing (allocating utility costs among tenants), the method must be disclosed in the lease agreement.

Military Air Installation Disclosure

Virginia requires landlords to disclose if the property is located in a noise zone or accident potential zone associated with a military air installation.

Methamphetamine Disclosure

Virginia requires landlords to disclose if the property was previously used for methamphetamine production and provide documentation of remediation.

Bed Bug Disclosure

Virginia does not require specific bed bug disclosures. Best practices include:

• Disclosing known infestation history
• Establishing reporting procedures in lease terms
• Clarifying treatment responsibilities

Radon Disclosure

Virginia does not mandate radon disclosure but recommends it as a best practice. Parts of Virginia have elevated radon levels.

Flood Zone Disclosure

While not strictly required statewide, Virginia landlords should consider disclosing flood zone status, particularly for properties in coastal and riverside areas.

Landlord and Tenant Rights Under Virginia Law

Landlord Obligations

Warranty of Habitability Virginia imposes implied warranty of habitability requirements on landlords under VRLTA. Required maintenance includes:

• Compliance with all applicable building and housing codes materially affecting health and safety
• Making all repairs necessary to keep premises fit and habitable
• Keeping common areas clean and safe
• Maintaining electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems
• Providing running water and reasonable amounts of hot water
• Providing adequate heat and air conditioning
• Maintaining working smoke detectors and carbon monoxide detectors
• Providing garbage receptacles and arranging for removal
• Extermination of pest infestations (including bed bugs)
• Maintaining weathertight conditions
• Providing secure locks on exterior doors and windows
• Maintaining supplied appliances in good working order

Landlords must make repairs within 21 days after receiving written notice from tenants for non-emergency repairs. For emergency conditions, landlords must respond within 24 hours.

Property Access Rights Virginia requires landlords to provide at least 24 hours advance notice before entering rental properties. Entry must occur at reasonable times for legitimate purposes including:

• Inspections
• Repairs and maintenance
• Showing property to prospective tenants or buyers
• Emergencies (no notice required)

Landlords cannot abuse the right of access or use it to harass tenants.

Tenant Responsibilities

Property Care Standards Tenants must maintain rental units according to Virginia statutory requirements including:

• Keeping the property clean and sanitary
• Using electrical, plumbing, heating, and other systems properly
• Disposing of garbage in a clean and sanitary manner
• Not deliberately or negligently destroying property
• Not disturbing neighbors’ peaceful enjoyment
• Complying with housing and building codes
• Allowing reasonable landlord access with proper notice
• Maintaining smoke and carbon monoxide detectors (battery replacement)
• Maintaining supplied appliances in reasonable condition

Lease Termination and Eviction Procedures

Voluntary Termination

Notice Requirements Virginia termination notice requirements depend on lease type:

• Fixed-term leases end automatically on specified dates
• Month-to-month tenancies require 30 days written notice
• Week-to-week tenancies require 7 days written notice

Including clear termination procedures in lease agreements prevents misunderstandings about proper notice protocols.

Rent Increases

For month-to-month tenancies, Virginia requires at least 30 days written notice before rent increases.

Eviction Processes

Virginia uses unlawful detainer actions for evictions.

Nonpayment of Rent Virginia landlords can begin eviction proceedings when tenants fail to pay rent. The process requires:

• Five-day grace period must expire
• Five-day pay or quit notice (14 days if rent assistance is pending)
• Filing unlawful detainer action if tenant fails to comply
• Court hearing and judgment
• Writ of eviction for physical removal

Lease Violations Landlords can pursue eviction for material lease violations:

• 21-day notice to cure (for first violation)
• If violation continues or repeats within six months, 30-day notice may proceed without cure opportunity
• Court filing and proceedings

Criminal Activity For criminal activity or lease violations involving health and safety:

• 30-day notice to vacate (no opportunity to cure in serious cases)
• Immediate notice for drug-related criminal activity

Retaliatory Eviction Protections

Virginia prohibits retaliatory evictions. Landlords cannot evict or retaliate against tenants for:

• Complaining about code violations to appropriate governmental agencies
• Exercising legal rights under VRLTA
• Organizing or participating in tenant organizations
• Testifying in housing-related proceedings

Retaliatory actions within six months of protected activity are presumed retaliatory.

Creating an Effective Virginia Lease Agreement

Documentation Best Practices

Comprehensive Terms Strong Virginia lease agreements include provisions addressing:

• Pet policies and deposits (within two-month total deposit limit)
• Guest and occupancy limits
• Maintenance responsibilities
• Utility payment assignments
• Parking and storage rules
• Noise and conduct standards
• Renewal and termination procedures
• Entry notice procedures
• Move-in checklist acknowledgment
• Mold disclosure acknowledgment
• Military air installation disclosure (if applicable)
• Ratio utility billing disclosure (if applicable)

Professional Templates Using a Virginia lease agreement template ensures contracts include all legally required elements. Given Virginia’s written lease requirement, mold disclosure obligation, and move-in inspection mandates, professional templates help landlords maintain compliance.

Tenant Screening Integration

Application Procedures Thorough tenant screening before lease signing helps landlords select reliable tenants. Virginia limits application fees to $50 or actual costs, whichever is less. Screening may include:

• Credit history review
• Employment and income verification
• Rental history and references
• Background checks where permitted

Virginia prohibits discrimination based on source of income for Housing Choice Voucher (Section 8) holders. Criminal history screening has limitations under recent law changes.

Virginia-Specific Considerations

Northern Virginia (NOVA)

Northern Virginia dominates the state’s rental market:

• Highest rental rates in the state
• Strong demand from federal government and contractor employment
• Arlington, Alexandria, Fairfax, Loudoun County markets
• Metro accessibility impacts rental values
• High competition for rentals
• Short-term rental regulations vary by jurisdiction
• Significant military and intelligence community presence

Hampton Roads/Tidewater

The Hampton Roads region has unique dynamics:

• Major military presence (Naval Station Norfolk, largest naval base in world)
• Norfolk, Virginia Beach, Newport News, Hampton
• Shipbuilding and defense contractor employment
• College student markets (ODU, William & Mary, Christopher Newport)
• Flood and hurricane vulnerability
• Tourism and seasonal factors (Virginia Beach)

Richmond Metro Area

The state capital region presents distinct dynamics:

• State government employment base
• Virginia Commonwealth University student market
• University of Richmond area
• Growing healthcare and finance sectors
• Historic neighborhoods and properties
• James River flooding considerations

Charlottesville Area

Charlottesville offers unique characteristics:

• University of Virginia dominates rental market
• High demand for student housing
• Historic downtown area
• Wine country tourism

Roanoke and Southwest Virginia

Western Virginia has different dynamics:

• More affordable rental rates
• Virginia Tech (Blacksburg) student market
• Radford University area
• Smaller rental markets
• Mountain terrain considerations

Military Tenant Considerations

Virginia’s massive military presence requires understanding:

• Servicemembers Civil Relief Act (SCRA) protections
• Lease termination rights upon deployment or PCS orders
• Naval Station Norfolk tenant considerations
• Joint Base Langley-Eustis
• Fort Gregg-Adams (formerly Fort Lee)
• Quantico Marine Corps Base
• Pentagon and defense contractor housing
• Coast Guard presence
• Virginia National Guard activations
• Eviction protections during active duty

Federal Government and Contractor Housing

Northern Virginia’s federal presence creates considerations:

• Security clearance holder housing needs
• Contractor employment fluctuations
• Government shutdown impacts
• Metro accessibility requirements
• High income tenant pool

Hurricane and Coastal Storm Provisions

Coastal Virginia vulnerability creates considerations:

• Hurricane preparation provisions
• Evacuation procedures and responsibilities
• Flood zone awareness
• Storm damage lease provisions
• Rent abatement for uninhabitable conditions
• Insurance requirements (wind, flood)
• Tidewater and Virginia Beach exposure

College Town Rentals

Virginia has extensive college student rental markets:

• University of Virginia (Charlottesville)
• Virginia Tech (Blacksburg)
• Virginia Commonwealth University (Richmond)
• Old Dominion University (Norfolk)
• George Mason University (Fairfax)
• William & Mary (Williamsburg)
• James Madison University (Harrisonburg)
• Radford University
• Liberty University (Lynchburg)
• Christopher Newport University (Newport News)

Landlords in college areas should consider:

• Academic year lease terms
• Parental guarantor requirements
• Move-in/move-out timing around semesters
• Multiple roommate arrangements
• Summer subletting provisions

Historic Properties

Virginia has significant historic housing stock:

• Alexandria Old Town historic district
• Richmond historic neighborhoods
• Williamsburg colonial area
• Historic preservation requirements
• Older electrical and plumbing systems
• Lead paint prevalence in older buildings
• Renovation limitations in designated areas

HOA and Condominium Rentals

Many Virginia rentals occur within homeowner associations:

• Association approval requirements common
• Tenant compliance with CC&Rs required
• Rental restrictions and caps in many communities
• Application processes and fees
• Northern Virginia HOA-heavy markets

Landlords should verify HOA rental policies before marketing properties.

Short-Term Rentals

Virginia regulates short-term rentals at local levels:

• Arlington short-term rental regulations
• Alexandria vacation rental requirements
• Virginia Beach regulations
• Local registration and licensing varies
• Transient occupancy tax obligations
• HOA restrictions common

Manufactured Housing

Virginia has manufactured housing inventory:

• Manufactured Home Lot Rental Act
• Specific requirements for mobile home communities
• Lot rental agreement distinctions
• Community rules and enforcement
• Tenant protections for lot rentals

Source of Income Protections

Virginia prohibits discrimination based on source of income:

• Housing Choice Voucher (Section 8) acceptance required
• Other lawful sources of income protected
• Cannot refuse based on source of income
• Reasonable screening criteria still permitted

This protection was enacted in 2020 and applies statewide.

Cannabis Considerations

Virginia has legalized recreational cannabis possession:

• Landlords can prohibit cannabis smoking in lease agreements
• Cannot discriminate based on lawful cannabis use
• Smoking restrictions apply
• Commercial sale began 2024
• Growing limited amounts permitted (landlords may restrict)
• Federal housing programs maintain prohibitions

Rent Relief and Assistance Programs

Virginia has rental assistance programs:

• Virginia Rent Relief Program (during applicable periods)
• Extended notice requirements when assistance is pending
• Landlord participation in relief programs

Flood and Stormwater Considerations

Virginia’s geography creates flood risks:

• Coastal flooding (Hampton Roads, Eastern Shore)
• River flooding (James, Rappahannock, Shenandoah)
• Stormwater management requirements
• Flood zone disclosure recommended

Mountain and Rural Properties

Western Virginia has specific considerations:

• Well water and septic system disclosures
• Remote property access
• Winter weather in mountain areas
• Agricultural property provisions

Security Deposit

TOPIC	RULE
Security Deposit:	The security deposit maximum is equal to two (2) month’s rent. Va. Code § 55.1-1226
Security Deposit Maximum:	No interest is required. Prior to 2015, it was four percentage points annually below the FDR (Federal Discount Rate) Va. Code § 55.1-1226
Security Deposit Interest:	No statute.
Separate Security Deposit Bank Account:	No statute.
Non-refundable fees:	No statute.
Pet Deposits and Additional Fees:	No statute.
Deadline for Returning Security Deposit:	The deadline for a landlord to return a security deposit is 45 days from lease termination. Va. Code § 55.1-1226
Permitted Uses of the Deposit:	Landlords can use a tenant’s security deposit to cover unpaid rent, including late fees, and other certiain costs. See statute. Va. Code § 55.1-1226
Security Deposit can be Withheld:
Require Written Description/Itemized List of Damages and Charges:	The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last. Va. Code § 55.1-1226
Receipt of Security Deposit:	Landlords are not required to provide a written receipt for a security deposit. Va. Code § 55.1-1226
Record Keeping of Deposit Withholdings:	Landlords must keep detailed records of security deposit deductions for at least two years. Va. Code § 55.1-1226
Failure to Comply:	If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent to the landlord, in which case the court shall order an amount equal to the security deposit credited against the rent due to the landlord. Va. Code § 55.1-1226

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	No statute.
Payment Methods:	No statute.
Rent Increase Notice:	The amount of notice a landlord must provide before raising rent depends on the type of lease. See statute. Va. Code § 55.1-1204
Late Fees:	Landlords are permitted charge late fees for rent if the written rental agreement includes a “Late Fees” clause. Va. Code § 55.1-1204
Application Fees:	If an applicant fails to rent a unit due to their own actions after submitting an application deposit, the landlord must return the deposit within 20 days, subtracting any damages or expenses incurred. If the application deposit was made using cash, a certified check, cashier’s check, or postal money order, the landlord must refund the deposit within 10 days if the failure to rent the unit is due to the landlord rejecting the application. Landlords are permitted to charge non-refundable application fees to cover the costs of screening applicants. Va. Code § 55.1-1204
Prepaid Rent:	If a landlord receives prepaid rent, it must be kept in an escrow account in a federally insured depository authorized to do business in Virginia by the end of the fifth business day following receipt. The prepaid rent shall remain in the account until such time as the prepaid rent becomes due. Va. Code § 55.1-1205
Returned Check Fees:	$50 plus additional costs of collection and attorney’s fees Va. Code § 8.01-27.1
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Tenants are permitted to withhold rent though the money must be put into escrow and the landlord must be given proper notice. Va. Code § 55.1-1244.1
Tenant Allowed to Repair and Deduct Rent:	Tenants are permitted to make repairs and deduct rent if all the necessary requirements are met. See statute. Va. Code § 55.1-1244.1
Self-Help Evictions:	Self-help evictions are prohibited for residential properties. Landlords are required to follow a legal process to remove tenants who violate their lease agreement. Va. Code § 55.1-1245
Landlord Allowed to Recover Court and Attorney’s Fees:	Yes, landlords are permitted to recover attorney’s fees and other damages in a number of circumstances. Va. Code § 8.01-27.1
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute.

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	Written notice for a fixed-term lease is not required as it already has an established end date. Va. Code § 55.1-1204
Notice to Terminate a Periodic Lease – Month-to-Month:	Written notice to terminate a month-to-month tenancy is 30 days, unless both parties agreed to a shorter timeframe in the lease. Va. Code § 55.1-1253
Notice to Terminate a Periodic Lease – Week-to-week:	The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. Va. Code § 55.1-1253
Notice to Terminate Lease due to Sale of Property:
Notice of date/time of Move-Out Inspection:	The landlord is required to notify the tenant about the move-out inspection within five days of the move-out notice. The inspection should occur no more than three days before the move-out date. Va. Code § 55.1-1226
Notice of Termination for Nonpayment:	A landlord can terminate a lease for nonpayment of rent by serving a tenant with a five-day notice to pay rent or quit, a “pay or quit” notice. Va. Code § 55.1-1245
Notice for Lease Violation:	No less than 30 days to quit – 21 days to remedy (“21/30 notice”). Va. Code § 55.1-1245
Required Notice before Entry:	Landlords must provide tenants with at least 24 hours’ notice before entering a rental property, unless of an emergency. Va. Code § 55.1-1229
Entry Allowed with Notice for Maintenance and Repairs:	Landlords are required to provide tenants at least 72 hours’ notice before entering a rental property for routine maintenance, unless the tenant requests the maintenance. Va. Code § 55.1-1229
Emergency Entry Allowed without Notice:	The landlord is permitted to enter the dwelling unit without consent of the tenant in the case of an emergency. Va. Code § 55.1-1229
Entry Allowed During Tenant’s Extended Absence:	Landlords may enter the dwelling unit at times reasonably necessary to protect his possessions and property during any absence of the tenant greater than seven days. Va. Code § 55.1-1229
Entry Allowed with Notice for Showing the Property:	Landlords must provide tenants with 72 hours’ notice before entering a rental property to show it to prospective buyers. Va. Code § 55.1-1229
Notice to Tenants for Pesticide Use:	Landlords must give written notice to the tenant no less than 48 hours prior to his application of an insecticide or pesticide in the tenant’s dwelling unit unless the tenant agrees to a shorter notification period. Va. Code § 55.1-1223
Lockouts Allowed:	Landlords cannot lock out tenants without going through the proper court eviction process.
Utility Shut-offs Allowed:	Landlords may not : shut off utilities without going through the proper court eviction process.
Electronic Notices Allowed:	no

Disclosures

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Protecting Your Virginia Rental Investment

A well-drafted Virginia rental lease agreement forms the foundation of successful property management. Given Virginia’s written lease requirement, extensive disclosures including mold and move-in condition reports, and significant military tenant population, comprehensive documentation becomes essential. Clear terms addressing security deposit limits, late fee caps, and required disclosures protect both landlord and tenant interests.

RocketRent provides Virginia lease agreement templates designed to meet state requirements and protect landlord investments. Our platform streamlines property management with integrated tools for lease creation, rent collection, and tenant screening. Create your Virginia rental lease agreement today and manage your properties with confidence.