Virginia Rental Lease Agreement Templates (6)

Types (6)

Commercial Lease Agreement (PDF)

Once signed, approves a business tenant to run their company out of the leased space for the length of time specified by the contract (1 to 3 years).

Lease to Own Agreement (PDF)

Allows a tenant to purchase the rented home or building upon the lease’s expiration. Tenants are not required to purchase, hence why the contract is often called a “Lease-Option” form.

Month-to-Month Lease Agreement

A lease that spans 1 month at a time until either party cancels it with a 30-day notice.

Roommate Agreement (PDF)

Filled out by roommates sharing the same rented property to come to terms on quiet hours, study times, cleaning schedules, and more.

Standard Residential Lease Agreement

A Virginia-specific form that covers every aspect of leasing in the state. The most commonly used form for leasing property on a fixed-term basis.

Sublease Agreement (PDF)

Allows a tenant to re-rent their unit to another person, so long as the landlord approves.

What is a Virginia Lease Agreement?

A Virginia lease agreement is a contract that records what a landlord and tenant have agreed to for a rental property. It specifies the rent, maintenance duties, and conditions for termination.

Virginia’s Residential Landlord and Tenant Act requires landlords to keep all rental units in habitable condition and to make repairs within a reasonable time after receiving written notice.[5] The state also requires landlords to disclose the existence of any defective drywall and to provide contact information for the property owner or management agent.

State Laws & Guides

Laws

• Title 55, Chapter 13 – “Landlord and Tenant”
• Title 55, Chapter 13.2 – “Virginia Residential Landlord and Tenant Act”

Landlord-Tenant Guides / Handbooks

• Virginia Residential Landlord and Tenant Act Handbook.pdf
• Guide to Virginia Landlord-Tenant Law.pdf
• VHDA – How to be a Successful Renter.pdf

When is Rent Due?

Rent is owed by the tenant as per the terms of the agreement.[3] In most cases, this means monthly installments paid at the start of each month. The landlord will usually specify where rent should be paid. Periodic rent must be paid at the start of any term of 1 month or less. No grace period laws exist in Virginia.

Landlord’s Access

Emergency: A landlord has the right to enter the rental property in emergency situations, however they may not abuse this right of access or use it to harass the tenant.[4]

Non-Emergency: In order to enter in non-emergency situations, a landlord must give a tenant notice of their intent to enter and may enter only at reasonable times. If there is routine maintenance the landlord must perform that has not been requested by the tenant, they must give at least 24 hours’ notice.[4]

Landlord’s Duties

Virginia law imposes the following obligations on residential landlords:[5]

1. Comply with all applicable building and housing codes that materially affect health and safety.
2. Make all repairs needed to keep the premises in a fit and habitable condition.
3. Keep all common areas in clean and structurally safe condition.
4. Maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in good and safe working order.
5. Provide and maintain appropriate receptacles and conveniences for the removal of garbage, and arrange for its frequent removal.
6. Supply running water and reasonable amounts of hot water at all times, and reasonable heat from October 15th through May 1st, except where supplied by a direct public utility connection to the tenant’s dwelling unit.

Tenant’s Duties

Tenants in Virginia are required to uphold the following:[6]

1. Comply with all obligations imposed by applicable building and housing codes.
2. Keep the occupied portion of the premises as clean and safe as conditions permit.
3. Keep plumbing fixtures as clean as their condition permits.
4. Remove garbage from the dwelling unit in a clean and safe manner.
5. Use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in a reasonable manner.
6. Not deliberately or negligently destroy, deface, damage, or remove any part of the premises.
7. Conduct themselves, and require persons on the premises with their consent to conduct themselves, in a manner that will not disturb neighbors’ peaceful enjoyment.

Required Disclosures

• Defective Drywall[7] – Prior to signing a lease with a new tenant, landlords that are aware of defective drywall in a rental property that has not been fixed must provide the prospective tenant(s) with a written disclosure noting that the unit has defective drywall. If the parties will enter into an oral lease agreement, the disclosure must be made prior to the tenant’s move-in date.
• Lead Paint Disclosure – If a landlord of a rental property constructed prior to 1978 is aware of any lead paint hazards that are present, they are required by federal law to disclose this information to tenants. They are also required to provide tenants with a copy of a brochure about lead hazards in the home.
• Military (Air) Zone[8] – If a rental property is located in a noise or potential accident zone (per an official zoning map), the landlord must provide any and all prospective tenants with a written disclosure prior to signing a lease.
• Move-In Report[9] – Landlords are required to provide a written report to tenants listing current damages to the rental unit. The report must be given within 5 days after the tenant(s) have moved in. After receiving the report, tenants have 5 days to object to it. Landlords must also disclose whether there is any visible evidence of mold in the rental.
• Planned Demolition or Rehabilitation[10] – Landlords must disclose (in writing) to potential tenants if there is a 6-month plan that will result in the tenant’s displacement from the rental unit or property.
• Ratio of Utilities[11] – A landlord must clearly state in the lease if a ratio utility billing system is used in the rental property.

Security Deposits

Maximum: Landlords can charge tenants a maximum of 2 months’ rent for security deposits.[12]

Returning to Tenant: Landlords must return a tenant’s security deposit within 45 days after the official termination of the lease. If the landlord intends to make deductions due to damages or other charges, all deductions must be listed in a written notice given to the tenant at the same time as the remaining security deposit.[12]

Deposit Interest: None; landlords are not required to collect interest on security deposits.