A Virginia residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
These disclosures are required for some or all residential lease agreements in Virginia:
| Disclosure | Applicable To |
|---|---|
| Landlord’s Name and Address | All Units |
| Move-In Checklist | All Units |
| Statement of Tenant Rights and Responsibilities | All Units |
| Fee Disclosure Statement | All Units |
| Mold Disclosure | All Units with Visible Mold |
| Shared Utilities | Units with Shared Utility Meter |
| Demolition/Displacement | Units Undergoing Construction/Demolition |
| Military Air Installation | Units in a Noise/Accident Zone |
| Defective Drywall | Units with Known Defective Drywall |
| Meth | Units with Known Contamination |
| Lead Paint | All Units Built Before 1978 |
Applicable to all Virginia rentals.
Virginia leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information. [1]
Virginia allows most landlord-tenant notices to go through electronic means of communication, if the appropriate email addresses are written in the lease.
Applicable to all Virginia rentals.
Virginia landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. The checklist should be completed within five days of move-in. This enables accurate deductions from the security deposit upon move-out. [2]
Applicable to all Virginia rentals.
New Virginia leases must be accompanied by an official Statement of Tenant Rights and Responsibilities. This form, produced by the Department of Housing and Community Development, summarizes the most important landlord-tenant laws for the state, with citations. [10]
Applicable to all Virginia rentals.
Virginia leases must have, on the first page, a full disclosure of all rent, as well as any fees which may be charged in additional to the regular rent. The disclosure must also state, above the listing of fees, the following: [11]
No fee shall be collected unless it is listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.
As the language suggests, if a fee is not listed in the disclosure, or executed later in a separate addendum to the rental agreement, a landlord cannot legally bill it.
Applicable to Virginia rentals with visible evidence of mold.
Virginia landlords must disclose any visible evidence of mold in the rental unit, in writing, with any initial inventory of the rental property. If the written report states there is visible evidence of mold, the tenant can choose between terminating the lease without penalty, or continuing the rental agreement in an “as is” condition, with informed consent that there is mold present. [3]
Applicable to any Virginia rental with submetering or shared utility meters.
In Virginia, when multiple rental units share a utility meter for the whole building or property, the landlord may charge separately for utilities through the installation of a submetering system, ratio billing system, or other way to split charges. The landlord must disclose how the charges are billed to individual tenants. The landlord may charge a service or convenience fee, as long as it is disclosed in the lease. [4]
This is an example of a shared utility disclosure:
UTILITIES: This rental unit shares the following utilities with another unit or common area:
[ ] Electricity
[ ] Water
[ ] Gas
[ ] Sewage
[ ] Other:________This lease uses the following method for calculating utility charges between Tenant(s):
[ ] Home Square Footage
[ ] Number of Tenants
[ ] Even Split Between Tenants
[ ] Other:___________________________________________________________Tenant agrees to pay the monthly utility charge to Landlord, plus a $__ service charge as part of each month’s rental payment.
Applicable to any Virginia multifamily property scheduled for demolition, rehabilitation, or conversion within the next six months, in a way that would displace existing tenants.
Virginia landlords who plan to displace tenants within six months of move-in due to property demolition, rehabilitation, or conversion must disclose the incoming displacement in the rental agreement. [5]
DISPLACEMENT NOTICE. This property is scheduled to undergo demolition or construction that will displace tenants within 6 months.
Applicable to any Virginia rental which falls into a noise or accident potential zone due to military activity.
Virginia rentals must disclose a risk for noise disturbances and/or accidents, when located near a relevant military air installation. Risk zones are set by the current official zoning map. The disclosure should specify the zone the property falls within, and the specific risks faced. [6]
MILITARY AIR INSTALLATION DISCLOSURE. This property is located within a:
[ ] Noise Zone
[ ] Accident Potential Zone
…as indicated by the local municipality’s official zoning map.
Applicable to any Virginia rental where the landlord has actual knowledge of defective drywall.
Virginia rental property with knowledge of potentially hazardous defective drywall must disclose this fact in the rental agreement. Defective drywall has a specific meaning, set by Virginia law and the U.S. Consumer Product safety commission. [7]
DEFECTIVE DRYWALL. This property contains defective drywall as defined by VA Code § 36-156.1.
Applicable to any Virginia rental where the landlord has knowledge of possible methamphetamine contamination.
Virginia landlords must disclose any knowledge relating to methamphetamine manufacturing or contamination on rental property. [8]
Only actual knowledge requires disclosure, not mere suspicions. If contaminated, a unit may not be rented until certified clean by the Board of Contractors, the Department of Environmental Quality and other relevant entities.
METHAMPHETAMINE DISCLOSURE. Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
This property:
[ ] Has been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Has been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] Has no suspicion of contamination
Applicable to any Virginia rentals built before 1978.
For any property built before 1978, federal law requires that a Virginia residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
In addition to disclosures in the lease itself, Virginia law also requires a landlord to provide a tenant with an extra hard copy of the lease once per year upon request, or make a copy easily accessible online at no cost to the tenant. [9]
The following lease agreement disclosures and addenda are not required by Virginia law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. In Virginia late fees are capped at the lesser of 10% of the monthly rent or 10% of the unpaid balance, charged only after rent is legally late on the fifth of the month. Returned check fees have a $50 cap. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Some Virginia cities, like Virginia Beach, have more comprehensive rules than the statewide standard. Always check local laws.
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
A. For the purpose of service of process and receiving and issuing receipts for notices and demands, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the beginning of the tenancy the name and address of:
1. The person authorized to manage the premises; and
2. An owner of the premises or any other person authorized to act for and on behalf of the owner.
A. The landlord shall, within five days after occupancy of a dwelling unit, submit a written report to the tenant itemizing damages to the dwelling unit existing at the time of occupancy, and the report shall be deemed correct unless the tenant objects to it in writing within five days after receipt of the report.
C. If energy submetering equipment, energy allocation equipment, or water and sewer submetering equipment is used in any residential building, the owner, manager, or operator of such residential building shall bill the tenant for electricity, oil, natural gas, or water and sewer for the same billing period as the utility serving the residential building, unless the rental agreement or lease expressly provides otherwise. The owner, manager, or operator of such residential building may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billing charged to the residential building owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the residential building owner and the tenant in the rental agreement or lease.
As part of the written report of the move-in inspection required by § 55.1-1214, the landlord shall disclose whether there is any visible evidence of mold in areas readily accessible within the interior of the dwelling unit. If the landlord’s written disclosure states that there is no visible evidence of mold in the dwelling unit, this written statement shall be deemed correct unless the tenant objects to it in writing within five days after receiving the report.
C. With respect to a multifamily dwelling unit, if an application for registration of the rental property as a condominium or cooperative has been filed with the Real Estate Board, or if there is within six months an existing plan for tenant displacement resulting from (i) demolition or substantial rehabilitation of the property or (ii) conversion of the rental property to office, hotel, or motel use or planned unit development, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose that information in writing to any prospective tenant.
A. The landlord of property in any locality in which a military air installation is located, or any person authorized to enter into a rental agreement on his behalf, shall provide to a prospective tenant a written disclosure that the property is located in a noise zone or accident potential zone, or both, as designated by the locality on its official zoning map. Such disclosure shall be provided prior to the execution by the tenant of a written lease agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant. The disclosure shall specify the noise zone or accident potential zone in which the property is located according to the official zoning map of the locality. A disclosure made pursuant to this section containing inaccurate information regarding the location of the noise zone or accident potential zone shall be deemed as nondisclosure unless the inaccurate information is provided by an officer or employee of the locality in which the property is located.
A. If the landlord of a dwelling unit has actual knowledge of the existence of defective drywall in such dwelling unit that has not been remediated, the landlord shall provide to a prospective tenant a written disclosure that the property has defective drywall. Such disclosure shall be provided prior to the execution by the tenant of a written lease agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant. For purposes of this section, “defective drywall” means all defective drywall as defined in § 36-156.1.
A. If the landlord of a dwelling unit has actual knowledge that the dwelling unit was previously used to manufacture methamphetamine and has not been cleaned up in accordance with the guidelines established pursuant to § 32.1-11.7 and the applicable licensing provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, the landlord shall provide to a prospective tenant a written disclosure that states such information. Such disclosure shall be provided prior to the execution by the tenant of a written lease agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant.
A. If the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, or welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned, the landlord shall be liable to the tenant for actual damages. The landlord shall also return to the tenant any (i) prepaid rent that had not become due as of the date of condemnation, (ii) security deposit, or (iii) rent paid, if any, to the landlord subsequent to the unit being condemned.
B. No landlord shall be liable pursuant to this section if:
1. The condemnation of the dwelling unit was caused by (i) the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant or (ii) an act of God; or
2. The lease was properly terminated pursuant to § 55.1-1240.
A landlord shall offer a prospective tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord-tenant relationship and shall provide with it the statement of tenant rights and responsibilities developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139. The parties to a written rental agreement shall sign the form developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139 acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities. The written rental agreement shall be effective upon the date signed by the parties.
If a tenant fails to sign the form available pursuant to this subsection, the landlord shall record the date or dates on which he provided the form to the tenant and the fact that the tenant failed to sign such form. Subsequent to the effective date of the tenancy, a landlord may, but shall not be required to, provide a tenant with and allow such tenant an opportunity to sign the form described pursuant to this subsection. The form shall be current as of the date of delivery.
A landlord shall provide, beginning on the first page of the written rental agreement, a description of any rent and fees to be charged to the tenant in addition to the periodic rent. Immediately above the list of fees, the written rental agreement shall state: No fee shall be collected unless it is listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.
How Long Can a Residential Lease Be in Virginia? Depending on circumstances, in Virginia it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year. Read more » Is a Contract to Lease Binding in Virginia? Yes, a contract to lease is legally binding in Virginia. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Virginia? No, lease agreements do not need to be notarized in Virginia. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. Read more » Can a Lease Automatically Renew in Virginia? Yes, a lease can automatically renew in Virginia. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
