Residential Lease Agreement (Virginia)
Fee Disclosure Statement (Va. Code § 55.1-1204.1)
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.
| Charge | Amount |
|---|
| Security deposit | $[Amount; with any insurance premiums paid before move-in, no more than two months’ rent] |
| Rent per payment period | $[Amount] per [month] |
| One-time charges due before the start date or with the first rent payment | [Describe each]: $[Amount] |
| Other: [describe] | $[Amount] |
This Residential Lease Agreement (“Lease”) is made on [Date] for a dwelling unit in the Commonwealth of Virginia between the Landlord and the Tenant(s) named below. It is governed by the Virginia Residential Landlord and Tenant Act, Va. Code § 55.1-1200 et seq.
1. Parties
Landlord: [Full Legal Name or Entity Name]
Address for notices: [Street Address, City, Virginia, ZIP] Phone: [Phone] E-mail: [E-mail]
Managing agent, if any: [Name, Address, Phone]
Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail: [E-mail]
Authorized occupants: [Names, or “None”]
Each Tenant is jointly and severally liable for all obligations under this Lease.
2. Premises
Address: [Street Address, Unit, City, Virginia, ZIP]
Type: ☐ Single-family home ☐ Apartment ☐ Townhome ☐ Condominium unit ☐ Other: [Description]
Parking: [Assigned space(s), or “None”] Appliances included: [List]
3. Term and Renewal
☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY].
Either party may end a month-to-month tenancy by written notice served at least 30 days before the next rent due date (§ 55.1-1253(A)). At the end of the fixed term, this Lease ☐ ends ☐ renews for [period] ☐ becomes month to month, unless either party gives written notice at least [Number] days before the end date.
If the Landlord owns more than four rental dwelling units in Virginia (or more than a 10% interest in more than four units), the Landlord will give written notice of any rent increase for a renewal term, and of any non-renewal, at least 60 days before the end of the term (§ 55.1-1204(K)).
4. Rent
Monthly rent: $[Amount], due on or before the [1st] day of each month without demand.
Where to pay: [Address, portal or account].
The Landlord will accept rent and the security deposit by check and money order, and will give a written receipt for rent paid in cash or by money order. The Landlord will not charge a fee to process a payment unless a fee-free payment method is also offered, and any card or electronic payment fee will not exceed the Landlord’s actual third-party cost (§ 55.1-1204(J)). On written request, the Landlord will provide a statement of all charges and payments within 10 business days (§ 55.1-1204(D)).
5. Late Charge
If rent is not paid by the [5th] day of the month, the Tenant will pay a late charge of $[Amount]. The late charge will not exceed the lesser of 10% of the monthly rent or 10% of the remaining balance due (§ 55.1-1204(E)).
6. Security Deposit (Va. Code § 55.1-1226)
Security deposit: $[Amount]. The deposit may be applied only to unpaid rent and late charges, damage beyond reasonable wear and tear caused by the Tenant’s failure to meet the duties in § 55.1-1227, other charges provided in this Lease, and actual damages for breach.
Within five days after the Landlord receives notice of the Tenant’s intent to vacate, or when the Landlord asks the Tenant to vacate, the Landlord will tell the Tenant in writing of the right to be present at the move-out inspection, which will be made within 72 hours after the Tenant delivers possession.
Within 45 days after the tenancy ends or the Tenant moves out, whichever is later, the Landlord will give the Tenant a written itemized statement of the deposit and any deductions, with any amount due. If there are several Tenants, the refund will be one check payable to all of them, sent to a forwarding address one of them provides, unless all Tenants agree otherwise in writing.
☐ [Optional] The Landlord offers a damage insurance program under § 55.1-1206. A Tenant who opts out may provide their own damage insurance policy or pay the full security deposit.
7. Move-In Inspection and Mold Disclosure (§§ 55.1-1214, 55.1-1215)
Within five days after the Tenant moves in, the Landlord will give the Tenant a written report of existing damage, which is deemed correct unless the Tenant objects in writing within five days. The report will state whether there is any visible evidence of mold in readily accessible interior areas. If there is, the Tenant may end the tenancy, or the Landlord will remediate the mold within five business days of the Tenant’s decision to stay and give the Tenant a new report.
8. Utilities
Paid by the Landlord: ☐ Water ☐ Sewer ☐ Trash ☐ Gas ☐ Electricity ☐ Other: [Description]
Paid by the Tenant: all other utilities. If any utility is submetered or allocated, the method is stated in an attached addendum (§ 55.1-1212).
9. Maintenance and Repairs
The Landlord will keep the Premises fit and habitable, comply with building and housing codes materially affecting health and safety, and keep common areas and essential services in good working order (§ 55.1-1220). The Landlord will not charge the Tenant a fee for maintenance or repair unless the Tenant’s violation of the Act made it necessary (§ 55.1-1208(C)).
The Tenant will keep the Premises clean and safe, use appliances and fixtures reasonably, not deliberately or negligently damage the Premises, and promptly report needed repairs in writing (§ 55.1-1227).
10. Landlord’s Entry (§ 55.1-1229)
The Tenant will not unreasonably withhold consent to entry to inspect, make repairs, supply services or show the Premises. Except in an emergency or where impractical, the Landlord will give notice and enter only at reasonable times. For routine maintenance the Tenant did not request, the Landlord will give at least 72 hours’ notice, stating the last date the work may be done, and complete it within 14 days. No notice is needed for maintenance the Tenant requested.
11. Pets, Smoking and Rules
Pets: ☐ No pets. ☐ Pets allowed as stated in the Pet Addendum. Assistance animals are not pets.
Smoking and vaping: ☐ Prohibited everywhere on the Premises. ☐ Allowed only in: [Area].
Rules and regulations, if any, are attached and apply as provided in § 55.1-1228.
12. Renter’s Insurance (§ 55.1-1206)
☐ The Tenant must carry renter’s insurance with at least $[Amount] liability coverage and may obtain a policy separate from any Landlord program.
☐ Renter’s insurance is not required. The Landlord is not responsible for the Tenant’s personal property, the Landlord’s insurance does not cover the Tenant’s personal property, and if the Tenant wishes to protect personal property, the Tenant should obtain renter’s insurance. Renter’s insurance does not cover flood damage. For information on whether the property is in a special flood hazard area, contact the Federal Emergency Management Agency (FEMA) or visit the websites of FEMA’s National Flood Insurance Program or the Virginia Department of Conservation and Recreation’s Flood Risk Information System.
13. Other Disclosures
☐ The Premises are located adjacent to a military air installation; the disclosure required by § 55.1-1217 is attached.
☐ The Premises contain defective drywall (§ 55.1-1218) or were previously used to manufacture methamphetamine (§ 55.1-1219); the required disclosure is attached.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties.
14. Early Termination
A member of the armed forces or full-time National Guard who receives qualifying orders may terminate this Lease by written notice effective at least 30 days after the next rent due date, with a copy of the orders or a commanding officer’s letter; no liquidated damages may be charged (§ 55.1-1235). A Tenant who is a victim of family abuse, sexual abuse or assault, stalking or trafficking and has a qualifying protective order or court document may terminate this Lease effective 28 days after written notice with a copy of the order (§ 55.1-1236).
Other early termination: ☐ Not permitted except as required by law. ☐ Permitted on [Number] days’ written notice and payment of $[Amount].
15. Default and Notices
If rent is unpaid when due, the Landlord may serve a written notice stating the nonpayment and that this Lease will terminate if rent is not paid within 14 days (§ 55.1-1245(F)). For other material breaches, the Landlord may serve the notices provided in § 55.1-1245.
If the Tenant stays after this Lease ends without the Landlord’s consent, the Tenant owes actual damages and [liquidated damages of up to 150% of the daily rent for each day of holdover] (§ 55.1-1253(C)).
The Landlord will not retaliate by raising rent, decreasing services or seeking possession because the Tenant complained to a code agency, complained about or sued over a violation of the Act, joined a tenant organization or testified against the Landlord (§ 55.1-1258).
16. General Terms
Governing law: Virginia. A provision waiving the Tenant’s rights under the Act, confessing judgment, requiring the Tenant to pay the Landlord’s attorney fees except as the Act allows, or limiting the Landlord’s liability is unenforceable (§ 55.1-1208). No unilateral change to this Lease is valid unless notice is given and both parties consent in writing (§ 55.1-1204(I)).
The Landlord will give the Tenant a copy of this signed Lease and the Statement of Tenant Rights and Responsibilities within 10 business days of the Lease’s effective date, and an additional copy of the Lease once a year on request (§ 55.1-1204(H)).
17. Statement of Tenant Rights and Responsibilities (§ 55.1-1204(B))
The Tenant has received the Statement of Tenant Rights and Responsibilities developed by the Virginia Department of Housing and Community Development, current as of the date of delivery, and both parties have signed the Department’s acknowledgment form, which is attached.
18. Addenda
☐ DHCD Statement of Tenant Rights and Responsibilities and signed acknowledgment ☐ Move-In Inspection Report ☐ Lead-Based Paint Disclosure ☐ Pet Addendum ☐ Rules and Regulations ☐ Utility Submetering ☐ Other: [Description]
Signatures
Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________
Tenant: _________________________ Date: __________
Printed Name: _____________________________
Tenant: _________________________ Date: __________
Printed Name: _____________________________