Virginia Residential Lease Agreement
A free Virginia lease template, plus what Virginia law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Virginia requires
| Statement of Tenant Rights and Responsibilities | The landlord must offer a prospective tenant a written lease and give the current Statement of Tenant Rights and Responsibilities published by the Department of Housing and Community Development; both parties sign DHCD's acknowledgment form (if the tenant refuses, the landlord records the date provided and the refusal). Applies to: All tenancies covered by the Virginia Residential Landlord and Tenant Act Source: Va. Code § 55.1-1204(B) |
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| Owner and manager name and address | At or before the start of the tenancy, the landlord must disclose in writing the name and address of the person authorized to manage the premises and of an owner or the owner's agent for service of process and notices, and keep it current. If the premises are sold, the landlord must tell the tenant and give the buyer's name, address and phone number. Applies to: All covered tenancies Source: Va. Code § 55.1-1216 |
| Move-in inspection report and mold | Within 5 days after occupancy begins, the landlord must give the tenant a written move-in inspection report listing existing damage (or the tenant prepares it under a written landlord policy, or both prepare it jointly). The report must state whether there is visible evidence of mold in readily accessible interior areas; a 'no visible mold' statement is deemed correct unless the tenant objects in writing within 5 days. If mold is disclosed, the tenant may end the tenancy without taking possession, or take possession and require remediation within 5 business days. Applies to: All covered tenancies Source: Va. Code §§ 55.1-1214, 55.1-1215 |
| Military air installation zones | In a locality with a military air installation, the landlord must give a written statement, before a written lease is signed (or before occupancy under an oral lease), that the property is in a noise zone and/or accident potential zone shown on the official zoning map, naming the zone. Without it, the tenant may terminate within the first 30 days of the lease. Applies to: Properties in localities with a military air installation Source: Va. Code § 55.1-1217 |
| Defective drywall | A landlord with actual knowledge of unremediated defective drywall must disclose it in writing before a written lease is signed (or before occupancy under an oral lease); otherwise the tenant may terminate within 60 days of discovering it. Applies to: Units with known defective drywall Source: Va. Code § 55.1-1218 |
| Prior methamphetamine manufacture | A landlord with actual knowledge that the unit was used to manufacture methamphetamine and has not been cleaned up to the required standard must disclose it in writing before a written lease is signed (or before occupancy under an oral lease); otherwise the tenant may terminate within 60 days of discovering it. Applies to: Units with known prior meth manufacture Source: Va. Code § 55.1-1219 |
| Renter's insurance and flood notice | If the lease does not require renter's insurance, before signing the landlord must give written notice that the landlord is not responsible for the tenant's belongings, its insurance does not cover them, the tenant should get renter's insurance, renter's insurance does not cover flood damage, and the tenant can check FEMA's National Flood Insurance Program or Virginia's Flood Risk Information System for flood hazard areas. If the landlord provides damage or renter's insurance, it must give each tenant an insurer summary or certificate before signing (stating whether the policy waives subrogation) and written notice that the tenant may buy a separate policy. Applies to: All covered tenancies Source: Va. Code § 55.1-1206 |
Terms Virginia law requires or controls
| Fee disclosure statement on page one | Beginning on the first page of a written rental agreement, the landlord must itemize the security deposit, the rent due per payment period, and any one-time charges due before the start date or included in the first payment, immediately below the statement: 'No additional security deposits or rent shall be charged unless they are listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.' Applies to: All written rental agreements Source: Va. Code § 55.1-1204.1 |
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| Late fee must be in the written lease | A late fee may be charged only if the written lease provides for it, and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due. Applies to: All covered tenancies Source: Va. Code § 55.1-1204(E) |
| Default terms without a written lease | If the landlord does not offer a written lease, the tenancy is by law a 12-month term with no automatic renewal, rent in 12 equal installments due on the 1st and late after the 5th, and a security deposit of no more than two months' rent. Applies to: Tenancies where no written lease was offered Source: Va. Code § 55.1-1204(C) |
| Payment methods and processing fees | The landlord must accept rent and deposits by check and money order (with written receipts for cash and money orders), may not charge a processing fee unless a no-fee option is offered, and may not charge more than actual third-party costs for card or electronic payments. Landlords with four or fewer units need not accept cards. Applies to: All covered tenancies Source: Va. Code § 55.1-1204(J) |
| Utility submetering and ratio billing | Use of submetering, energy allocation equipment or ratio utility billing, and any local government fees allocated among tenants, must be clearly stated in the lease; monthly billing, account set-up or move-out fees must be agreed to in the lease; billing outside the utility's billing period must be expressly provided for. Utility late charges are capped at $5 and only after 15 days. Applies to: Leases that bill utilities to tenants Source: Va. Code § 55.1-1212 |
| Sublet and assignment approvals | If the lease lets the landlord approve a sublessee or assignee, the landlord must decide within 10 business days after receiving a written application on its form, or the request is approved. Applies to: Leases with landlord approval of sublets or assignments Source: Va. Code § 55.1-1204(G) |
| Renewal and nonrenewal notices | A landlord owning more than four units in Virginia must give written notice of any rent increase for a renewal term to tenants with a renewal option or automatic renewal, and written notice of nonrenewal at least 60 days before the term ends (from July 1, 2027, rent-increase notices at least 90 days before the term ends, with a renewal response deadline at least 30 days out). Applies to: Landlords with more than four units; fixed-term leases Source: Va. Code § 55.1-1204(K) |
Clauses that are void in Virginia
| Waiver of rights | A rental agreement may not require the tenant to waive rights or remedies under the VRLTA, or under the 120-day conversion or rehabilitation notice laws. Applies to: All covered tenancies Source: Va. Code § 55.1-1208(A)(1)-(2) |
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| Confession of judgment | A rental agreement may not authorize anyone to confess judgment on a claim arising from the agreement. Applies to: All covered tenancies Source: Va. Code § 55.1-1208(A)(3) |
| Landlord's attorney fees | A rental agreement may not require the tenant to pay the landlord's attorney fees except as the VRLTA provides. Applies to: All covered tenancies Source: Va. Code § 55.1-1208(A)(4) |
| Landlord liability waivers and indemnity | A rental agreement may not excuse or limit the landlord's legal liability or require the tenant to indemnify the landlord for it. Applies to: All covered tenancies Source: Va. Code § 55.1-1208(A)(5) |
| Firearm bans in public housing | A public housing lease may not ban or restrict lawful possession of firearms inside individual units unless federal law requires it. Applies to: Public housing Source: Va. Code § 55.1-1208(A)(6) |
| Upfront deposits and insurance over two months' rent | Before the tenancy begins, the security deposit plus any damage or renter's insurance premiums may not total more than two months' periodic rent. Applies to: All covered tenancies |
| Servicemembers Civil Relief Act waivers | A rental agreement may not waive SCRA rights before a dispute arises, and a lease may not be conditioned on such a waiver. Applies to: All covered tenancies Source: Va. Code § 55.1-1208(A)(8) |
| Maintenance and repair fees | A landlord may not charge the tenant a fee for maintaining or repairing the unit unless the tenant's violation of the VRLTA made the work necessary. Prohibited provisions are unenforceable, and a tenant sued on one may recover actual damages and attorney fees. Applies to: All covered tenancies Source: Va. Code § 55.1-1208(B)-(C) |
| Unilateral changes | A change to lease terms by either party is invalid unless notice is given as the lease or law requires and both parties consent in writing. Applies to: All covered tenancies Source: Va. Code § 55.1-1204(I) |
Format and delivery rules
| Copy of the lease and tenant rights statement | The landlord must give the tenant a copy of the signed lease and the Statement of Tenant Rights and Responsibilities within 10 business days of the lease's effective date. Late delivery does not void the lease, but the landlord cannot file or maintain an action for a lease violation until the Statement has been provided. Once a year on request, the landlord must provide another hard copy or keep an electronic copy accessible, free of charge. Applies to: All covered tenancies Source: Va. Code § 55.1-1204(H) |
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| Fee itemization on the first page | The fee disclosure statement and itemization must begin on the first page of the written rental agreement. Applies to: All written rental agreements Source: Va. Code § 55.1-1204.1 |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Virginia law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Virginia law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Virginia law (Va. Code 55.1-1204(E), (C)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the Virginia limit (Va. Code 55.1-1226(A)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Virginia law sets (Va. Code 55.1-1226(A)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Virginia law requires (Va. Code 55.1-1229), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Virginia law requires.
14. Fee disclosure statement on page one. (Write this clause to meet Virginia law: see "Fee disclosure statement on page one" above (Va. Code § 55.1-1204.1).)
15. Late fee must be in the written lease. (Write this clause to meet Virginia law: see "Late fee must be in the written lease" above (Va. Code § 55.1-1204(E)).)
16. Default terms without a written lease. (Write this clause to meet Virginia law: see "Default terms without a written lease" above (Va. Code § 55.1-1204(C)).)
17. Payment methods and processing fees. (Write this clause to meet Virginia law: see "Payment methods and processing fees" above (Va. Code § 55.1-1204(J)).)
18. Utility submetering and ratio billing. (Write this clause to meet Virginia law: see "Utility submetering and ratio billing" above (Va. Code § 55.1-1212).)
19. Sublet and assignment approvals. (Write this clause to meet Virginia law: see "Sublet and assignment approvals" above (Va. Code § 55.1-1204(G)).)
20. Renewal and nonrenewal notices. (Write this clause to meet Virginia law: see "Renewal and nonrenewal notices" above (Va. Code § 55.1-1204(K)).)
21. Disclosures attached. Landlord has given Tenant these disclosures required by Virginia law: Statement of Tenant Rights and Responsibilities; Owner and manager name and address; Move-in inspection report and mold; Military air installation zones; Defective drywall; Prior methamphetamine manufacture; Renter's insurance and flood notice. [Attach each one.]
22. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
23. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.