Virginia residential lease agreement

State form

• Code of Virginia § 55.1-1204 requires a landlord to offer a prospective tenant a written rental agreement, together with the statement of tenant rights and responsibilities written by the Virginia Department of Housing and Community Development.²
• The Virginia statement of tenant rights now in use is the version dated July 1, 2026, published by DHCD under the Virginia Residential Landlord and Tenant Act.⁴
• When a Virginia landlord offers no written lease, the tenancy exists by operation of law for 12 months and does not renew automatically.²

Signing

• Both parties to a written Virginia lease sign a DHCD form confirming that the landlord gave the tenant the statement of tenant rights and responsibilities.²
• If a Virginia tenant does not sign the acknowledgment form, the landlord records the dates the form was handed over and the fact that the tenant did not sign.²
• Under Code of Virginia § 55.1-1207, a landlord who accepts rent without reservation is bound by a lease the tenant signed even if the landlord never signed and delivered it.⁵
• A Virginia lease that takes effect only through that acceptance of rent or possession is limited to one year, even if it names a longer term.⁵

Deadlines

• A Virginia landlord has 10 business days from the lease’s effective date to give the tenant a copy of the signed lease and of the statement of tenant rights.²
• Either side may end a Virginia month-to-month tenancy with written notice served at least 30 days before the next rent due date, unless the lease sets a different notice period.³
• A Virginia landlord with more than four rental units must give written notice of a rent increase or of nonrenewal at least 60 days before the lease term ends.²
• The version of Code of Virginia § 55.1-1204 that takes effect on July 1, 2027 raises that rent-increase notice to at least 90 days before the lease term ends.²
• Within five days after a Virginia tenant moves in, the landlord gives a written report of existing damage, and the tenant has five days to object in writing.⁶
• A Virginia landlord has 45 days after the tenancy ends or the tenant moves out, whichever is later, to send an itemized written notice of deductions with any balance owed to the tenant.¹
• A Virginia tenant who asks in writing to attend the move-out inspection is told its date and time, and the inspection takes place within 72 hours after the tenant hands back possession.¹

Taxes and fees

• Virginia allows a late charge only when the written lease provides for it, and the charge cannot exceed 10 percent of the periodic rent or 10 percent of the remaining balance, whichever is less.²
• The DHCD statement tells Virginia tenants that a nonrefundable application fee may not exceed $50, not counting third-party background check costs.⁴
• Unless the tenant’s own violation made it necessary, a Virginia landlord may not charge the tenant a fee for maintenance or repair of the unit.⁷

Law

• Code of Virginia § 55.1-1226 bars a landlord from demanding or receiving a security deposit worth more than two months’ periodic rent.¹
• A Virginia lease may not make the tenant pay a deposit plus damage and renter’s insurance premiums that together exceed two months’ rent before the tenancy starts.⁷
• Any clause in a Virginia lease that the Landlord and Tenant Act prohibits, such as a waiver of the tenant’s rights under the Act, is unenforceable.⁷
• A Virginia landlord may not sue a tenant over an alleged lease violation until the tenant has received the statement of tenant rights and responsibilities.²
• When a Virginia landlord willfully breaks the deposit rules, the court orders the deposit returned along with actual damages and reasonable attorney fees.¹

• Property address and what is included (parking, storage, appliances)
• Start date, end date or month-to-month term
• Monthly rent, due date and security deposit amount
• Rules on pets, smoking, repairs and utilities

It is not a roommate agreement between tenants, and it is not a commercial lease for a store or office.