Virginia Lease Agreements (6) | Residential & Commercial

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Updated March 10, 2023

A Virginia lease agreement allows landlords and tenants to come to terms with the use of a property for a set 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.

Table of Contents

Agreement Types (6)

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

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

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Month-to-Month Lease Agreement (§ 55.1-1225) – Has no end date which allows either the landlord or tenant to terminate the document with 30 days’ notice.

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Rent-to-Own Lease Agreement – Residential rental template with added language for the purchase of the property.

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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.

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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.

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Required Disclosures (9)

Defective Drywall (§ 55.1-1218) – If the landlord is aware of defective drywall on the premises they must make the tenant be made aware.

Lead-Based Paint Disclosure – 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.

Methamphetamines Disclosure (§ 55.1-708) – If the property was used to manufacture methamphetamines and was not cleaned in accordance with § 32.1-11.7 then the tenant must be presented with this disclosure.

Military (Air) Zone Disclosure (§ 55.1-1217) – If the property resides around an area with an airbase and in the noise or accident zone the tenant must be made aware. Use the zoning map provided by your locality to determine if this disclosure is required.

Mold (§ 55.1-1215) – 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 will have five (5) days to respond from the date of occupancy.

Move-in Checklist (§ 55.1-1214) – The landlord must, within five (5) days after occupancy of the premises by the tenant, submit a written report itemizing damages to the premises existing at the time of occupancy. The report shall be deemed correct unless the tenant objects to it in writing within five (5) days after receiving the landlord’s report.

Notices (§ 55.1-1202(A)) – Notices may be sent in electronic form and such details should be provided in a lease. Meaning, the landlord and tenant should include their emails in the agreement.

Planned Demolition (§ 55.1-1308) – 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 (§ 55.1-1212) – If the landlord uses sub-metering or a certain ratio to determine to bill then the calculation must be disclosed to the tenant.

COVID (Payment Addendum)

Payment Plan Addendum (Lease) – Due to COVID, this addendum may be attached to a residential lease to ratify the existing payment schedule in cases when the tenant has defaulted on rent payments due to additional expenses or loss of income due to the Governor of Virginia’s declared state of emergency in response to a public health threat (§ 44-146.16).

Security Deposits

Maximum Amount(§ 55.1-1226(A)) – The landlord may not ask for more than the equivalent of two (2) months’ rent.

Returning (§ 55.1-1226(A))- The landlord must give the funds back to the tenant within forty-five (45) days of the termination date or on the date the tenant vacates the dwelling unit, whichever occurs last.

When is Rent Due? (Grace Period)

Rent is due on the date mentioned in the lease and is considered late on the sixth (6th) of the month. There is a five (5) day rent grace period in Virginia (§ 55.1-1204(4)).

If the rent is not paid within the grace period, a landlord can send the tenant a 5-day notice to quit to either pay the rent due or move out of the property.

Late Rent

Maximum Penalty (§ 55.1-1204(E)) – The landlord can charge a maximum of ten percent (10%) of the rent due. If partial payment is made, the landlord can charge 10% of the unpaid amount.

NSF Fee (§ 8.01-27.1(B)) – $50 is the maximum a landlord can charge a tenant for a bad check written.

Right to Enter (Landlord)

If the landlord requests to make a repair or other non-emergency reason for entry, seventy-two (72) hours’ notice is needed. If the tenant makes the request, then there is no disclosure time necessary (§ 55.1-1229(4)).

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