Virginia Lease Agreement Templates

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What’s Included in Virginia Lease Forms

Updated July 25, 2024

A residential lease agreement in Virginia is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with Virginia laws.

Our form includes:

Parties Identification

Lease Term

Rent Payment Terms

Security Deposit

Maintenance Responsibilities

State-Specific Disclosures

State-Specific Notices

Disclosures and Addenda for Virginia

These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.

Disclosure

Landlord's Name and Address <p>Landlords must disclose in writing the name and address of the person authorized to manage the premises and the owner or an authorized agent for service of process and receiving notices. This information should be provided at or before the commencement of the tenancy.</p>
Lead Paint - Know Presence <p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
Lead Paint - No Know Presence <p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
Condition of the Premises <p>Within five days of occupancy, landlords and tenants must jointly prepare a written report detailing the condition of the premises, including any existing damages. This report should be signed by both parties and serves as a record for the property's state at move-in.</p>
Late/Returned Fees <p>Virginia law does not set a statutory maximum for late fees; instead, the enforceability of any late fee is determined by its reasonableness and its clear articulation in the lease agreement. While there is no legal requirement for a grace period, many leases include a five-day grace period as a matter of common practice. Courts typically enforce late fee provisions if they reflect a rational relationship to the actual costs or damages incurred—often around 10% of the unpaid rent, though this figure is more a customary benchmark than a fixed rule.</p>
Mold Disclosure <p>Virginia law (§ 55.1-1215) requires landlords to include in the move-in inspection report details about visible mold in accessible areas of the dwelling. If the report indicates no visible mold, it is considered accurate unless the tenant objects in writing within five days. If visible mold is present, the tenant can choose to terminate the tenancy or stay. If the tenant stays, the landlord must remediate the mold within five business days and provide a new report confirming the absence of mold.</p>
Non-Refundable Fees <p>While Virginia law does not explicitly address non-refundable fees, it is standard practice for landlords to specify any such fees, including application fees, pet fees, or cleaning fees, within the rental agreement.&nbsp;</p>
Smoking <p>Landlords are encouraged to specify smoking policies within the lease agreement, indicating whether smoking is permitted on the premises and, if so, any restrictions or designated areas.</p>
Security Deposit Disclosure <p>Landlords may charge a security deposit not exceeding two months' rent. Upon termination of the tenancy, the deposit must be returned to the tenant within 45 days, along with an itemized list of any deductions made for damages or unpaid ren</p>
Flood Hazard Disclosure <p>Virginia law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.</p>
Radon Disclosure <p>Virginia does not require radon disclosures.<br>However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
Bed Bugs Disclosure <p>The move-in inspection report must include whether there is any visible evidence of mold. If mold is present, the tenant has the option to terminate the lease or refuse to move in. If the tenant chooses to remain, the landlord is obligated to remediate the mold condition within five business days and provide a new report confirming the absence of mold.</p>

Addenda

Landlord’s Name and Address

Applicable to all Virginia rentals.

Virginia Residential Landlord and Tenant Act (Code of Virginia, Title 55.1, Chapter 12) mandates that lease agreements must include the landlord’s and property manager’s full contact information.
Landlord Requirements:

  • Disclose the property owner’s and manager’s contact details in the lease.
  • Notify tenants of any changes in writing.

Lead-Based Paint Disclosure

Applicable to Virginia rentals built before 1978.

In Virginia, landlords must adhere to Title X federal requirements, which mandate that lead-based paint hazards in pre-1978 properties be disclosed to tenants.
Landlord Requirements:

  • Attach the lead-based paint disclosure form to the lease agreement.
  • Provide tenants with the EPA-approved lead hazard pamphlet.
  • Inform tenants of any previous lead hazard testing or reports.

Lead-Based Paint Disclosure

Applicable to Virginia rentals built before 1978.

The lease must document the property’s condition to protect both parties, as per Virginia Code § 55.1-1220. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:

  • Perform a property inspection prior to tenant move-in.
  • Provide tenants with a written record of property conditions.
  • Ensure the rental unit meets Virginia’s habitability laws.

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