Virginia Residential Lease Agreement

Introduction

A Virginia lease agreement is a legally binding contract used to rent commercial or residential property. Each lease outlines the tenant's financial responsibilities during the tenancy and establishes the rent amount, payment due date, utility fees, security deposits, and liabilities associated with failing to comply with the lease document. This comprehensive guide details all requirements under Virginia law.

Required Disclosures

Virginia law mandates 11 specific disclosures that landlords must provide to tenants. These disclosures ensure tenants are fully informed about the property condition, ownership, and potential risks.

Defective Drywall Disclosure

If a landlord is aware that a rental unit contains defective drywall, they must provide tenants with a written disclosure stating this information. ^[1]

Demolition or Conversion to Condominium

If a property owner has submitted an application to convert a multi-family dwelling into a condominium or cooperative, or if within six months of signing the lease the multi-family dwelling is scheduled to be demolished, converted, or drastically altered forcing tenants to vacate, the landlord or owner must disclose this information in writing to prospective tenants. ^[2]

Lead-Based Paint Disclosure

For properties constructed before 1978, landlords must inform tenants whether lead-based paint was used in construction. This is a federal requirement that applies to all states. ^[3]

Manager and Owner Information

Tenants must receive a written disclosure stating the name and address of the owner and anyone else permitted to act on the owner's behalf. This ensures tenants know who to contact for maintenance issues or legal matters. ^[4]

Military Air Installation Disclosure

A landlord or owner of property located in a military air zone must provide prospective tenants with a disclosure informing them that the dwelling is located in an area that may experience significant noise or be prone to military accidents. ^[6]

Mold Disclosure

A landlord must provide a disclosure in the move-in checklist indicating whether or not mold is visible inside the rental unit. This helps tenants document existing conditions and avoid liability for pre-existing mold issues. ^[7]

Move-In Inspection

Within five days after the start of a residential tenancy, the landlord must provide the tenant with an itemized account of any existing damage. This protects both parties by documenting the property's condition at the beginning of the lease term. ^[8]

Sale of Property Disclosure

If a rental property has been sold, the landlord must notify the tenant of the sale and provide the name, address, and telephone number of the purchaser. This ensures continuity of the landlord-tenant relationship. ^[9]

Statement of Tenant Rights and Responsibilities

All tenants must be provided with the rights and responsibilities statement developed by the Department of Housing and Community Development. This standardized document ensures all tenants understand their legal rights and obligations under Virginia law. ^[10]

Tourism Activity Zone Disclosure

Owners of residential property located within a tourism activity zone must inform prospective tenants of such information and provide them with a summary of possible circumstances that might affect their living conditions, such as parades, street closures, or outdoor concerts. ^[11]

Security Deposits

Maximum Amount

Landlords may not demand more than two months' rent for a security deposit. ^[12] This limit protects tenants from excessive upfront costs while still providing landlords with reasonable security against damages.

Interest Requirements

State law does not require landlords to collect or distribute interest on security deposits. Landlords are not obligated to place deposits in interest-bearing accounts.

Return Timeline

Security deposits must be returned within 45 days of lease termination. After a move-out inspection takes place, the landlord must provide an itemized list of damages to the tenant. ^[13] This timeline gives landlords sufficient time to assess damages while ensuring tenants receive their deposits promptly.

Separate Bank Account

The use of a separate bank account for security deposits is not mentioned in state statutes. Landlords may commingle security deposits with other funds.

Landlord's Entry Rights

General Access

72 hours' notice must be given for routine maintenance that was not requested by the tenant. If the tenant requests repairs or maintenance, the landlord may enter without giving notice to the tenant. ^[14] This balances the landlord's need to maintain the property with the tenant's right to privacy.

Emergency Access

Landlords may enter without consent in the case of an emergency. ^[15] Emergencies include situations such as fire, flooding, gas leaks, or other conditions requiring immediate attention to prevent property damage or protect tenant safety.

Rent Payment Terms

Grace Period

Late fees can be applied if the rent is not paid within the first five days of the due date. ^[16] This provides tenants with a reasonable buffer period before penalties apply.

Maximum Late Fee

The maximum late fee is 10% of the periodic rent payment or 10% of the remaining amount owed to the landlord, whichever is less. ^[17] However, if the landlord did not mention a late fee for rent in the lease agreement, no late fee can be charged.

NSF (bounced Check) Fee

The landlord may charge a tenant $50 plus interest and any fees charged by their bank for a bounced check. ^[18] This compensates landlords for the administrative burden and bank fees associated with insufficient funds.

Withholding Rent for Repairs

If a tenant notifies a landlord of damages or an infestation on the property that is a health or safety risk, the landlord has 14 days to fix the issue. If they fail to remedy the problem, the tenant can hire a third party and deduct the costs from their rent up to $1,500 or one month's rent, whichever is greater. ^[19] This provision empowers tenants to address serious habitability issues when landlords fail to act.

Breaking a Lease

Non-Payment of Rent

Non-Compliance With Lease Terms

When a tenant fails to comply with the lease agreement, the landlord can deliver a notice to quit for non-compliance stating that the tenant has 21 days to fix the issue or the lease will terminate 30 days from the date of delivery. ^[21] However, if the landlord considers the breach incurable, the non-compliance notice does not have to give the tenant the option to fix the issue. Furthermore, if the non-compliance is criminal, the landlord can serve an immediate notice to quit. ^[22]

Tenant Maintenance Obligations

The tenant is required to maintain the cleanliness and safety of the premises, use all services and appliances with care, and avoid damaging, removing, or changing any part of the property without the landlord's consent. ^[23] This establishes the tenant's duty to preserve the property in good condition.

Prohibited Lockouts

The landlord cannot intentionally bar the tenant from entering the property. ^[24] Even if the tenant is behind on rent or violating lease terms, the landlord must follow proper legal eviction procedures rather than resorting to self-help remedies like lockouts.

Abandonment

A rental property is considered abandoned by the tenant if they are absent for over seven days and the landlord notifies them that they will terminate the tenancy if they do not reply to the notice within seven days. For this law to apply, landlords have to include in the lease a section stating that the tenant has to give notice every time they plan on being absent for more than seven days. ^[25] This provision allows landlords to reclaim possession of truly abandoned properties while protecting tenants who are temporarily away.

Lease Termination

Month-To-Month Leases

A landlord or tenant can terminate a monthly lease agreement without cause by delivering a 30-day notice to the other party. ^[26] This provides both parties with flexibility while ensuring adequate time to make alternative arrangements.

Unclaimed Property

Personal property left on the premises by the tenant can be disposed of by the landlord under the following circumstances: ^[27]

**Termination Notice: **The landlord may dispose of the tenant's personal property within 24 hours of the tenant's departure if the landlord has stated their right to do so in a termination notice.

**Abandonment: **If the property was abandoned and the landlord sent the appropriate 7-day notice, they may dispose of the tenant's personal property within 24 hours after the 7-day notice period.

**Separate Notice: **If the previous options do not apply, the landlord must provide a written notice stating that the tenant has 10 days to claim their personal property or the landlord can dispose of it within 24 hours after the notice period ends.