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Virginia Rental Lease Agreements | Residential & Commercial

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The Virginia lease agreements, in accordance with the Virginia Residential Landlord and Tenant Act, allows a landlord and tenant to come to terms over the use of property for a period of time. In general, the document should specify the parties involved, the premises, and the amount of money to be paid in rent for the course of the term.

Rental Application – Form given to a tenant who has shown interest in the landlord’s property. The potential lessee shall enter their information and pay a fee (if applicable) and upon approval by the lessor a lease shall be generated.

Agreements

Association of Realtors – Provided by the Virginia Association of Realtors for all types of residential tenancies.

Commercial Lease Agreement – For landlords when authorizing a business related tenant to their property to operate a professional, retail, or industrial type of use.

Lease with Option to Purchase Agreement – Residential rental template with added language for the purchase of the property.

Month to Month Lease Agreement (§ 55-248.37) – Has no end date which allows either the landlord or tenant to terminate the document with thirty (30) days’ notice.

Room Rental (Roommate) Agreement – Contract written between the members of a home that is shared with each party getting a bedroom. The form coordinates the chores and which individuals will be responsible for expenses.

Standard Residential Lease Agreement – For a common landlord-tenant arrangement with a fixed start and end period. The most popular type of residential lease.

Sublease Agreement – The act of a tenant choosing someone else to use their rented space while they are under agreement with the landlord. This type of tenancy is usually required to be approved by the landlord.

Termination Lease Letter – Cancels a tenancy at will (month-to-month lease) by providing the State allotted time-frame of thirty (30) days (§ 55-248.37).

Disclosures

Agent Information (§ 55-248.12) – Any person authorized to act on behalf of the landlord to enter the premises must be disclosed to the tenant in writing.

Defective Drywall (§ 55-248.12:2) – If the landlord is aware of a defective drywall on the premises they must make the tenant be made aware.

Lead-Based Paint – Federal law for all dwellings built prior to 1978. This is to warn all prospective tenants that the existence of lead paint, which is hazardous, may be found in the undercoating of the walls and ceiling.

Military (Air) Zone (§ 55-248.12:1) – If the property resides around an area with an air base and in the noise or accident zone the tenant must be made aware. Use This Map to see if your property is located in the designated area.

Mold (§ 55-248.11:2) – The landlord must disclose in the Move-in Checklist there is a presence of mold in any residential unit. If the tenant finds that there is the existence of mold they may terminate the agreement or elect to have the lessor remediate the mold within five (5) days.

Move-in Checklist (§ 55-248.11:1) – Within the first five (5) days of occupancy the landlord and tenant shall provide each other with an inspection of the premises detailing any and all repairs that may be needed.

Planned Demolition (§ 55-248.12) – If there is planned demolition on the property or there is a six (6) month plan to demolish the premises and displace the tenant they must be made aware.

Ratio of Utilities (§ 55-226.2) – If the landlord uses sub-metering or a certain ratio to determine billing then the calculation must be disclosed to tenant.

Access

According to § 55-248.18 if the landlord requests the repair then twenty-four (24) hours is needed. If the tenant makes the request then there is no disclosure time necessary.

Security Deposits

Maximum (§ 55-248.15:1) – Landlord may not ask for more than two (2) months of periodic rent.

Returning (§ 55-248.15:1)- The landlord must give the funds back to the tenant within forty-five (45) days of the termination date and the lessee giving back possession to the landlord.

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