Home

Virginia

A Virginia residential lease agreement is a legally binding contract between a landlord and a tenant for the rental of a residential property. This document outlines the terms and conditions of the tenancy, including rent payment, security deposits, and the rights and responsibilities of both parties.

Required Disclosures

Virginia law mandates several disclosures that landlords must provide to tenants before or at the time of signing the lease agreement. These disclosures include:

  1. Statement of Tenant Rights and Responsibilities: Tenants must receive a statement summarizing their rights within 10 days of moving in.
  2. Defective Drywall: Landlords must inform tenants in writing if the property contains defective drywall.
  3. Lead-Based Paint Disclosure & EPA Pamphlet: For properties built before 1978, landlords must disclose the potential presence of lead-based paint and provide an EPA pamphlet regarding its hazards.
  4. Methamphetamine Disclosure: If the property was previously used for methamphetamine production, tenants must be notified in writing.
  5. Military Air Zone Disclosure: Landlords must inform tenants if the property is located within a military air zone that may experience noise disturbances or accidents.
  6. Move-In Checklist: Within five days of moving in, landlords must provide a checklist detailing any existing damages, including the presence of mold. If mold is present, tenants have the option to terminate the lease.
  7. Electronic Notices: If landlords wish to send notices electronically, this must be stated in the lease agreement.
  8. Ratio Utility Billing: For properties with shared utility meters, landlords must specify in writing how utility charges are calculated and allocated among tenants.

Security Deposit Regulations

Landlords in Virginia may charge a security deposit of up to two months’ rent. The security deposit must be returned to the tenant within 45 days of the lease termination or when the tenant vacates the property, whichever occurs later. Additionally, landlords must provide a written statement itemizing any deductions from the security deposit.

Rent Payment Laws

Rent is typically due at the beginning of each rental period. Virginia law provides a grace period of five days after the due date during which tenants can pay rent without incurring a late fee. If rent is not paid within this period, landlords may charge a late fee, which cannot exceed 10% of the monthly rent or 10% of the unpaid balance, whichever is less. Landlords may also charge up to $50 for a bounced check.

Landlord’s Right of Entry

Landlords must provide at least 72 hours’ notice before entering the property for routine maintenance that has not been requested by the tenant. In cases of emergency or if the tenant requests maintenance, no notice is required.

Lease Termination Procedures

For month-to-month tenancies, either party can terminate the lease by providing a 30-day notice. Landlords may dispose of abandoned property under specific conditions, including providing a termination notice or a written notice after a seven-day notice period, allowing the tenant time to reclaim their belongings.

This overview encapsulates the essential elements of a Virginia residential lease agreement, ensuring that both landlords and tenants are informed of their rights and responsibilities under state law.

FAQs

In Virginia, landlords must provide several required disclosures, including the Statement of Tenant Rights and Responsibilities, information about defective drywall, lead-based paint disclosure for properties built before 1978, methamphetamine contamination disclosure, military air installation disclosure, and a move-in checklist detailing existing damages. These disclosures ensure tenants are informed about potential health risks and property conditions.

In Virginia, the maximum amount a landlord can charge for a security deposit is two months’ rent. This deposit must be returned to the tenant within 45 days after the lease ends or the tenant vacates the property, along with an itemized list of any deductions.

Virginia law provides a five-day grace period for rent payments. If the rent is not paid within this period, landlords can impose a late fee, which cannot exceed 10% of the monthly rent or the unpaid balance.

In Virginia, landlords must provide at least 72 hours’ notice before entering a rental property for routine maintenance that was not requested by the tenant. However, if there is an emergency or if the tenant requests repairs, the landlord can enter without prior notice.

If a tenant leaves personal property behind, the landlord can dispose of it under certain conditions. They must provide a termination notice stating they will dispose of the property within 24 hours, or if the property is deemed abandoned, they can dispose of it after a seven-day notice period.

Landlords in Virginia who fail to provide mandatory disclosures may face legal consequences, including potential fines or lawsuits from tenants. For instance, not disclosing lead-based paint hazards can result in fines of tens of thousands of dollars per violation.

If a tenant notices mold in their rental unit, they should notify the landlord in writing. Virginia law requires landlords to disclose any visible mold, and if mold is present, tenants have the option to terminate the lease without penalty or continue renting with informed consent.

In Virginia, a tenant can withhold rent if they notify the landlord of serious health or safety issues and the landlord fails to address the problem within 14 days. The tenant may then hire a third party to remedy the issue and deduct the costs from their rent, up to $1,500 or one month’s rent, whichever is greater.