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Virginia Residential Lease Agreement

A Virginia lease agreement caps the security deposit at 2 months' rent, returned within 45 days. Create a free VRLTA-compliant lease. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms for renting a home: the rent amount, the length of the tenancy, the security deposit, each party's responsibilities, and how the lease ends. In Virginia most residential leases are governed by the Virginia Residential Landlord and Tenant Act (VRLTA), Va. Code Ann. Title 55.1, Chapter 12. A Virginia landlord (the lessor) may not demand a security deposit worth more than two months' periodic rent, and once the tenancy ends must send an itemized written notice of any deductions, along with any balance due, within 45 days after the termination date or the date the tenant (the lessee) vacates, whichever is later. Virginia law requires several disclosures beyond the federal lead-based paint notice for homes built before 1978: a move-in inspection report that also states whether there is visible evidence of mold, and, where applicable, notice of defective drywall, prior methamphetamine manufacture, or location in a military air installation noise or accident potential zone. For routine maintenance the tenant has not requested, the landlord must give at least 72 hours' notice before entering; for other entries the landlord must give notice of intent to enter and may enter only at reasonable times, except in an emergency. Virginia has no statewide or local rent control. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is the contract that sets the rules for renting a home. It fixes the rent, the term, the security deposit, and each party's duties, and it spells out how the tenancy ends.

  2. 2

    The security deposit is capped at 2 months' rent. Under Va. Code Section 55.1-1226 a Virginia landlord may not demand or receive a deposit worth more than two months' periodic rent.

  3. 3

    The deposit must be returned, itemized, within 45 days. Va. Code Section 55.1-1226 requires the landlord to send a written itemized notice of any deductions, damages, and charges, plus any balance due, within 45 days after the tenancy ends or the tenant vacates, whichever is last.

  4. 4

    Virginia requires a move-in inspection report with a mold statement, plus conditional disclosures. Va. Code Section 55.1-1214 requires a written move-in inspection report, and Section 55.1-1215 requires that report to state whether there is visible evidence of mold. Where they apply, landlords must also disclose defective drywall (Section 55.1-1218), prior methamphetamine manufacture (Section 55.1-1219), and military air installation noise or accident zones (Section 55.1-1217), on top of the federal lead-based paint disclosure for pre-1978 housing.

  5. 5

    Rent is late after the 5th, and the late fee is capped. Va. Code Section 55.1-1204 treats rent as late if not paid by the fifth day of the month, and caps any late charge at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance owed.

  6. 6

    Month-to-month tenancies end on 30 days' written notice, and a rent increase needs the same 30 days. Under Va. Code Section 55.1-1253, either party may end a month-to-month tenancy with at least 30 days' written notice before the next rent due date, and a rent increase likewise takes effect only on the next due date coming 30 days after notice, unless the lease sets a different period.

  7. 7

    Virginia has no rent control. The VRLTA (Va. Code Title 55.1, Chapter 12) contains no rent-control or rent-cap provision, and as a Dillon Rule state, Virginia localities cannot impose their own rent control without state authorization.

Key decisions before you file

Before you file a Residential Lease Agreement in Virginia, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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VIRGINIA RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement is governed by the Virginia Residential Landlord and Tenant Act (VRLTA), Va. Code Ann. Title 55.1, Chapter 12.

  1. PARTIES & PREMISES This Lease is made on [DATE] between [LANDLORD NAME], the landlord (lessor), and [TENANT NAME], the tenant (lessee), for the residential property at [RENTAL ADDRESS], Virginia (the Premises).

  2. TERM The tenancy is [a fixed term from [START DATE] to [END DATE] / month-to-month beginning [START DATE]].

  3. RENT Rent of $[AMOUNT] is due on the first day of each month. Rent is considered late if not paid by the fifth day of the month; a late charge may then apply, capped at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due, under Va. Code Section 55.1-1204.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT], which may not exceed two months' periodic rent under Va. Code Section 55.1-1226. Within 45 days after the tenancy ends or Tenant vacates, whichever is last, Landlord shall provide a written itemized notice of any deductions, damages, and charges, together with any balance due.

  5. DISCLOSURES For housing built before 1978, Landlord provides the federal lead-based paint disclosure (42 U.S.C. 4852d). Landlord shall also provide the written move-in inspection report required by Va. Code Section 55.1-1214, which states whether there is visible evidence of mold (Section 55.1-1215). Where applicable, Landlord discloses any known defective drywall (Section 55.1-1218), prior methamphetamine manufacture not remediated per Board of Health guidelines (Section 55.1-1219), and, if the Premises is in a locality with a military air installation, its noise zone or accident potential zone (Section 55.1-1217). Landlord shall also provide the statement of tenant rights and responsibilities referenced in Va. Code Section 55.1-1204.

  6. ENTRY For routine maintenance Tenant has not requested, Landlord shall give at least 72 hours' notice before entering, unless impractical. For other entries, Landlord shall give notice of intent to enter and may enter only at reasonable times, except in an emergency, under Va. Code Section 55.1-1229.

  7. MAINTENANCE / USE Tenant shall keep the Premises clean and safe and use it only as a residence. Landlord shall maintain the Premises in a fit and habitable condition and keep common areas safe, consistent with Landlord's duties under the VRLTA.

  8. TERMINATION Either party may terminate a month-to-month tenancy by giving the other at least 30 days' written notice before the next rent due date, unless a different period is stated above, under Va. Code Section 55.1-1253. Any rent increase on a month-to-month tenancy takes effect only on the next rent due date coming 30 days after Landlord's notice. Virginia has no statewide or local rent control.

SIGNATURES

[LANDLORD NAME], Landlord Date: [DATE]

[TENANT NAME], Tenant Date: [DATE]

Note: This Lease is intended to comply with the Virginia Residential Landlord and Tenant Act, Va. Code Ann. Title 55.1, Chapter 12. This is a Virginia skeleton for a residential lease agreement. For the complete, customizable template, see the full Residential Lease Agreement template.

Virginia Requirements for Residential Lease Agreement

Security Deposit Capped at 2 Months' Rent

A Virginia landlord may not demand or receive a security deposit worth more than two months' periodic rent, under Va. Code Section 55.1-1226.

Return the Deposit, Itemized, Within 45 Days

Va. Code Section 55.1-1226 requires the landlord to send a written itemized notice of deductions, damages, and charges, along with any balance due, within 45 days after the tenancy ends or the tenant vacates, whichever occurs last.

Provide a Move-In Inspection Report With a Mold Statement

Va. Code Section 55.1-1214 requires a written move-in inspection report, and Section 55.1-1215 requires that report to state whether there is visible evidence of mold in areas readily accessible within the interior of the dwelling unit.

Disclose Known Defective Drywall

If the landlord has actual knowledge of unremediated defective drywall in the dwelling unit, Va. Code Section 55.1-1218 requires a written disclosure to the prospective tenant before lease execution or occupancy.

Disclose Prior Methamphetamine Manufacture

If the landlord has actual knowledge the unit was previously used to manufacture methamphetamine and it has not been remediated per Board of Health guidelines, Va. Code Section 55.1-1219 requires disclosure before lease execution or occupancy.

Give 72 Hours' Notice for Routine Maintenance Entry

Va. Code Section 55.1-1229 requires the landlord to give at least 72 hours' notice before entering for routine maintenance the tenant has not requested, unless impractical. For other entries, the landlord must give notice of intent to enter and may enter only at reasonable times.

Late Fee Capped and Grace Period to the 5th

Va. Code Section 55.1-1204 treats rent as late if not paid by the fifth day of the month, and caps any late charge at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed.

30 Days' Notice to End or Raise Rent on a Month-to-Month Tenancy

Under Va. Code Section 55.1-1253, either party may terminate a month-to-month tenancy with at least 30 days' written notice before the next rent due date, and a rent increase likewise takes effect only on the next due date coming 30 days after notice. Virginia has no statewide or local rent control.

Frequently Asked Questions

A Virginia lease should name the landlord and tenant, describe the rental property, and state the rent, term, and security deposit. Under the VRLTA it should also reflect the move-in inspection report (Va. Code Section 55.1-1214), any required disclosures such as mold, defective drywall, prior methamphetamine manufacture, or a military noise zone, and the statement of tenant rights and responsibilities the landlord must provide (Section 55.1-1204).

Under Va. Code Section 55.1-1226 a Virginia landlord cannot demand or receive a security deposit worth more than two months' periodic rent. There is no requirement to hold it in a separate escrow account or pay interest, but the landlord must send an itemized written notice of any deductions, with any balance due, within 45 days after the tenancy ends or the tenant vacates, whichever is last.

Yes. You can generate a Virginia residential lease agreement at no cost using this template. Attorney review is available as an optional add-on if you want a licensed attorney to check the lease before you sign, starting from $39.99 per month.

No. A Virginia residential lease agreement does not need to be notarized or witnessed to be valid. The VRLTA (Va. Code Title 55.1, Chapter 12) requires a signed written agreement and, before move-in, a written inspection report under Section 55.1-1214, but it does not impose a notarization requirement on the lease itself.

Generally no. Va. Code Section 55.1-1229 requires at least 72 hours' notice before entering for unrequested routine maintenance, and otherwise requires notice of intent to enter, with entry only at reasonable times, except in an emergency or where notice is impractical.

Beyond the federal lead-based paint disclosure for pre-1978 housing, Virginia requires a move-in inspection report that states whether there is visible evidence of mold (Va. Code Sections 55.1-1214 and 55.1-1215), and, where applicable, disclosure of defective drywall (Section 55.1-1218), prior methamphetamine manufacture (Section 55.1-1219), and location in a military air installation noise or accident potential zone (Section 55.1-1217).

Under Va. Code Section 55.1-1253, either the landlord or the tenant can end a month-to-month tenancy by giving at least 30 days' written notice before the next rent due date, unless the lease sets a different notice period. A rent increase on a month-to-month tenancy takes effect only on the next rent due date coming 30 days after the landlord's notice.

Va. Code Section 55.1-1204 treats rent as late once it is not paid by the fifth day of the month, and caps any late charge at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.