Virginia Lease Agreement Create a Virginia Lease Agreement

Virginia Lease Agreement

Published Dec 15, 2025
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A Virginia Lease Agreement is a legally binding contract between a landlord and a tenant outlining the terms for renting property within the state of Virginia.

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VIRGINIA LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on , by and between:

LANDLORD:
(hereinafter referred to as "Landlord"), with a mailing address of:

AND TENANT(S):
(hereinafter referred to as "Tenant").

I. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the real property and improvements located at the following address (hereinafter referred to as the "Premises"):

II. TERM

The term of this Agreement shall be (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

The rent shall be due on the day of each month.

Rent shall be paid by the following method(s):

Payment shall be sent to the following address:

IV. LATE CHARGES AND RETURNED CHECKS

Late Fee: If rent is not paid by the day of the month, Tenant shall pay a late fee of $.

*Note: Pursuant to Virginia Code § 55.1-1204(E), the late fee shall not exceed 10% of the periodic rent or 10% of the remaining balance due and owed by the Tenant, whichever is less.*

Returned Checks: For each check returned to the Landlord for insufficient funds, the Tenant shall pay a fee of $50.00 or the face value of the check, whichever is less, plus any bank fees incurred by the Landlord, pursuant to Virginia Code § 8.01-27.1.

V. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ (not to exceed two months' rent pursuant to Virginia Code § 55.1-1226) as a Security Deposit.

The Landlord shall hold the Security Deposit for the faithful performance of the Tenant's obligations. The Security Deposit shall be returned to the Tenant within forty-five (45) days after the termination of the tenancy and delivery of possession, less any deductions for unpaid rent, damages beyond normal wear and tear, or other charges provided in this Agreement, along with a written itemization of any deductions.

VI. UTILITIES AND SERVICES

The parties agree that utilities and services shall be the responsibility of the following parties:

Electricity:

Gas/Heating Oil:

Water/Sewer:

Trash Collection:

Cable/Internet:

Lawn Care:

Snow Removal:

Other ():

VII. OCCUPANTS

The Premises shall be occupied only by the Tenant and the following individuals:

VIII. PETS

(Check one):

IX. MOVE-IN INSPECTION

Pursuant to Virginia Code § 55.1-1214, the Landlord shall, within five (5) days after occupancy of the Premises by the Tenant, submit a written report to the Tenant itemizing damages to the Premises existing at the time of occupancy. The Tenant shall have five (5) days from the receipt of the report to object to the accuracy of the report.

X. MAINTENANCE AND REPAIRS

Landlord's Obligations: Pursuant to Virginia Code § 55.1-1220, the Landlord shall comply with applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the Premises in a fit and habitable condition; and maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances.

Tenant's Obligations: The Tenant shall keep that part of the Premises that he occupies and uses as clean and safe as the condition of the Premises permit; remove from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner; keep all plumbing fixtures in the dwelling unit or used by the Tenant as clean as their condition permits; and use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances.

XI. RIGHT OF ENTRY

Pursuant to Virginia Code § 55.1-1229, the Landlord may enter the Premises to inspect the premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply necessary or agreed-upon services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

The Landlord shall give the Tenant at least twenty-four (24) hours' notice prior to entry, unless it is impractical to do so, or in cases of emergency.

XII. REQUIRED VIRGINIA DISCLOSURES

1. Authorized Agent (Va. Code § 55.1-1216)
The name and address of the owner or the person authorized to manage the Premises and receive service of process and notices is:

Name:
Address:

2. Lead-Based Paint Disclosure
(Check one):

3. Defective Drywall (Va. Code § 55.1-1218)
The Landlord represents that they (check one):

4. Military Air Installation (Va. Code § 55.1-1217)
The Premises (check one):

5. Mold Disclosure (Va. Code § 55.1-1215)
The Landlord discloses that there is (check one):

6. Statement of Tenant Rights and Responsibilities (Va. Code § 55.1-1204)
The Tenant acknowledges receipt of the "Statement of Tenant Rights and Responsibilities" form as drafted by the Virginia Department of Housing and Community Development.

XIII. DEFAULT

If the Tenant fails to pay rent when due, and such default continues for five (5) days after delivery of written notice by the Landlord requiring payment of the rent or possession of the Premises, the Landlord may terminate this Agreement. If the Tenant breaches any other provision of this Agreement, the Landlord may deliver a written notice specifying the acts and omissions constituting the breach and that the Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied in twenty-one (21) days.

XIV. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, specifically the Virginia Residential Landlord and Tenant Act (VRLTA).

XV. ADDITIONAL TERMS AND CONDITIONS

The following additional terms apply to this Agreement:

XVI. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

XVII. SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below.

LANDLORD
Signature: _________________________
Print Name: _______________
Date:
Address: _______________

TENANT
Signature: _________________________
Print Name: _______________
Date:
Address:

What is a Virginia Lease Agreement?

A Virginia Lease Agreement is a legally binding contract executed between a landlord (lessor) and a tenant (lessee) regarding the rental of residential or commercial property within the Commonwealth of Virginia. This document establishes the terms and conditions of the tenancy, including the duration of the lease, the monthly rent amount, security deposit requirements, and the specific obligations of both parties regarding maintenance and utilities. It serves as the primary legal record governing the landlord-tenant relationship and provides a framework for dispute resolution should conflicts arise during the occupancy period.

Legal Framework and the VRLTA

The primary body of law governing residential leases in the state is the Virginia Residential Landlord and Tenant Act (VRLTA), found in the Code of Virginia under Title 55.1, Chapter 12. Historically, the VRLTA applied only to specific types of tenancies or larger landlords, but legislative updates have expanded its scope to cover nearly all residential rental agreements in the state. These statutes supersede many common law principles and impose specific statutory duties on landlords to maintain fit and habitable premises and on tenants to maintain the dwelling unit in a clean and safe condition.

In addition to state statutes, federal laws such as the Fair Housing Act prohibit discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. While the state allows for freedom of contract regarding many terms, any provision in a lease that waives or modifies the tenant's statutory rights or remedies as defined by the VRLTA is generally unenforceable.

Security Deposits and Rent Regulations

Virginia law places specific limitations on the financial aspects of a tenancy. Under the Code of Virginia § 55.1-1226, a landlord may not demand or receive a security deposit that exceeds the equivalent of two months' rent. This deposit is held to secure the tenant's performance under the lease, including the payment of rent and the repair of damages beyond normal wear and tear.

Upon the termination of the tenancy, the landlord is required to return the security deposit, minus any lawful deductions, within 45 days. Along with the refund, the landlord must provide a written itemization of any deductions made. Furthermore, state law mandates that if a landlord charges a late fee for overdue rent, the fee cannot exceed 10 percent of the periodic rent or 10 percent of the remaining balance due, whichever is less.

Mandatory State Disclosures

For a lease to be fully compliant, Virginia statutes require landlords to disclose specific information to tenants prior to the execution of the agreement. Failure to provide these disclosures can lead to legal penalties or provide the tenant with grounds to terminate the lease. Unlike general contract terms, these disclosures address specific health, safety, and zoning issues relevant to the property.

Required Elements and Disclosures for Compliance

  • Lead-Based Paint Disclosure: Required by federal law for any housing built prior to 1978, warning of the dangers of lead exposure.
  • Defective Drywall: Landlords must disclose if they have actual knowledge of defective drywall in the unit (Code of Virginia § 55.1-1218).
  • Military Air Installation: Properties located in a noise zone or accident potential zone of a military air installation must be identified (Code of Virginia § 55.1-1217).
  • Methamphetamine Manufacturing: If the landlord has knowledge that the unit was previously used to manufacture methamphetamine and has not been cleaned according to state guidelines, this must be disclosed (Code of Virginia § 55.1-1219).
  • Demolition or Displacement: If a multi-family unit is scheduled for demolition or substantial rehabilitation that will displace the tenant within six months, the landlord must provide notice.
  • Management Information: The lease must disclose the names and addresses of the owner and the person authorized to manage the premises and receive legal notices.

Landlord Right of Entry

The balance between a tenant's right to quiet enjoyment and a landlord's need to maintain the property is strictly regulated. According to Code of Virginia § 55.1-1229, a landlord must provide reasonable notice to the tenant before entering the dwelling unit. The statute defines reasonable notice as at least 72 hours for routine maintenance that has not been requested by the tenant. For other non-emergency entries, such as inspections, reasonable notice is generally interpreted as 24 to 48 hours, though the 72-hour rule is specific to unrequested maintenance.

In cases of emergency, such as a fire or a burst pipe, the landlord may enter the premises without the tenant's consent. Conversely, tenants may not unreasonably withhold consent for the landlord to enter to inspect the premises, make necessary repairs, or show the unit to prospective buyers or tenants.

Termination and Eviction Procedures

To terminate a standard lease agreement, specific notice periods must be observed. For a month-to-month tenancy, either party must provide at least 30 days' written notice prior to the next rent due date. In the event of a lease violation by the tenant, such as non-payment of rent, the landlord must follow strict due process. This typically begins with a 5-Day Notice to Pay or Quit for unpaid rent. If the tenant fails to pay or vacate, the landlord must file an unlawful detainer action in court; self-help evictions, such as changing locks or shutting off utilities, are illegal in Virginia.

Frequently Asked Questions

Under the Code of Virginia, a landlord cannot charge a security deposit that exceeds the amount of two months' rent.
For routine maintenance that was not requested by the tenant, the landlord must provide at least 72 hours' notice. For other non-emergency situations, reasonable notice is required.
Yes, the law limits late fees to no more than 10 percent of the periodic rent or 10 percent of the remaining balance due, whichever is less.
The landlord must return the security deposit, along with an itemized list of any deductions, within 45 days after the termination of the tenancy and delivery of possession.
While verbal agreements can be valid for short durations (typically less than one year), the Virginia Residential Landlord and Tenant Act generally requires landlords to offer a written lease. Written contracts are strongly recommended to ensure enforceability.
Generally, tenants cannot simply withhold rent. They must follow a specific legal process involving payment of rent into a court escrow account if the landlord fails to address serious health or safety violations.

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