Virginia Lease Agreements | Residential & Commercial

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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 (8)


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

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

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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 thirty (30) days’ notice.

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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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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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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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Termination Lease Letter – Cancels a tenancy at will (month-to-month lease) by providing the State allotted time-frame of thirty (30) days (§ 55.1-1253(A)).

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Disclosures

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.

Access

According to § 55.1-1229(A) if the landlord requests the repair then twenty-four (24) hours are needed. If the tenant makes the request then there is no disclosure time necessary.

Security Deposits

Maximum (§ 55.1-1226(A)) – 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 and the lessee giving back possession to the landlord.

Guides

(Video) What are the Virginia Rental Laws?