A lease agreement sets out the details of a property rental and helps keep both landlord and tenant on the same page. You can use Lumr's Virginia lease agreement template to build the document you need, complete with rent and deposit details, so nothing gets left out.
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What Is a Virginia Lease Agreement?
A lease agreement is a written contract between a landlord and a tenant that sets the terms of a rental, including the rent amount and how long the tenancy runs.
Both sides sign it, and once signed, those terms become enforceable for as long as the tenancy lasts.
A residential lease agreement in Virginia typically spells out:
The monthly rent and due date
The security deposit amount
Lease start and end dates
Which utilities and maintenance duties fall to the tenant
Pet and subletting rules
A commercial lease agreement follows a separate set of rules entirely, covered further down under Commercial Lease Agreement.
Mandatory Landlord Disclosures for Virginia Lease Agreements
Virginia law requires a landlord to hand over several disclosures before a tenant signs, listed in the table below. Missing one doesn't void the lease automatically, but it can expose the landlord to a compliance complaint.
Every landlord must offer this plain-language summary to prospective tenants and get it signed, along with a copy of the written lease, within one month of the agreement's start date.
2. Lead-based paint
Required under federal law for any residential unit built before 1978.
3. Mold
The written move-in inspection report must note any visible mold in areas the tenant can access. The tenant then has five days to dispute that finding in writing.
4. Landlord or managing agent identification
The lease must name the person authorized to manage the property and receive legal notices on the owner's behalf.
Local ordinances sometimes add more requirements, so confirm with the city or county too.
Types of Virginia Lease Agreement
Six lease formats cover nearly every rental arrangement in the state, from a fixed-term apartment lease to office space for a business:
Standard lease: A fixed term set in the lease itself, with no statutory minimum or maximum length.
Month-to-month lease: Rolls over from one rental period to the next until either party ends it.
Rent-to-own lease: Pairs a rental with an option to buy the property later.
Room rental agreement: Rents out a single bedroom, with the rest of the home shared.
Sublease agreement: Lets the current tenant pass all or part of the unit to someone new.
Commercial lease: Covers business space, such as an office or storefront, rather than a home.
Standard Lease Agreement in Virginia
A standard lease runs for whatever fixed term a landlord and tenant agree to in writing. Nothing in state law sets a floor or ceiling on the length.
Only a term longer than a year has to be written down under Virginia's statute of frauds, while a shorter lease can, in theory, stay verbal.
Once the term ends, the lease simply lapses unless both sides sign something new. A tenant who stays on afterward becomes a holdover.
Landlords who want deposit and disclosure protections locked in from day one typically choose a standard lease agreement over a verbal arrangement, even when the term runs under a year.
A Virginia month-to-month lease agreement renews automatically at the end of each rental period, with no fixed end date built in. Either the landlord or the tenant can end it by giving at least 30 days' written notice before the next rent payment is due.
Landlords are allowed to raise the rent from one period to the next. There’s no cap. However, they must give tenants 30 days’ notice.
Landlords with more than four rental units owe an extra 60 days' notice before a rent increase tied to a lease renewal offer.
Only the bedroom belongs to the tenant outright under this arrangement. Everything else in the home, the kitchen and bathroom included, gets shared with whoever else lives there.
None of the security deposit or disclosure rules change because the rented space is smaller. Put the split of private and shared space in writing before move-in to avoid disputes later.
A written room rental agreement also settles who covers rent if a roommate leaves early, a detail state law leaves to the lease itself.
A Virginia rental lease agreement doesn't come with a built-in right to sublet. State law leans on the agreement itself. Many landlords write in a requirement for written consent before a tenant can bring in a subtenant.
A landlord can also prohibit subletting outright, and a clause doing exactly that is common. The original tenant stays on the hook for rent and any property damage no matter what the subtenant does once they've moved in.
Running a shop or office out of a rented space requires a commercial lease, not a residential one. Virginia's residential landlord-tenant statute no longer applies once the tenant is a business rather than a person renting a home.
Contract law and whatever the parties negotiate take precedence. A commercial lease agreement in Virginia typically fixes the permitted use of the space and who pays for build-out work. Landlord and tenant can negotiate rent increases separately, with no statutory ceiling.
The residential security deposit cap and disclosure list don't apply here, which shifts more of the negotiating weight onto the tenant.
You don’t have to worry about getting legal terms right, and you don’t need any legal background to complete a Virginia lease agreement. Just use Lumr’s template. Here’s how:
1
Name the landlord and tenants
Add the landlord's name and contact information, then list every tenant who will sign alongside them.
2
Describe the property
Record the street address and unit number, then list any included extras, such as parking or storage.
3
Set the lease term
Fix the move-in date first, then add an end date if the term is set in advance. A month-to-month arrangement includes renewal terms instead.
4
Add rent and deposit terms
Fix the rent amount and due date first, then note how you'll accept payment. Virginia law caps the security deposit at two months' rent, so note that figure too.
5
Assign utilities and maintenance
Decide which party covers each utility, and specify who's responsible when something needs fixing.
6
Include the required disclosures
Attach the Statement of Tenant Rights and Responsibilities and the lead-paint notice if it applies. Note the mold findings from the move-in inspection too.
7
Sign and distribute copies
Sign both copies together, then keep one on file and give the tenant the other.
The result is a printable Virginia lease agreement, generated as a PDF that's ready to sign once every field is filled in.
FAQ
FAQs About Virginia Lease Agreement
Still have some doubts about the use of this document in Virginia? You can find the answers to some common questions below.
Does a residential lease agreement need to be notarized in Virginia?
No. Virginia only asks for a notary on documents like deeds or powers of attorney, not a residential lease. A signature from the landlord and each tenant already makes the agreement enforceable.
What is the maximum security deposit a landlord can charge in Virginia?
The cap is two months' periodic rent, under Code of Virginia § 55.1-1226. Charging more than that isn't allowed, even if a tenant offers to pay extra rent upfront voluntarily.
How quickly must a landlord return a security deposit in Virginia?
A landlord has 45 days after the tenancy ends, or the tenant moves out if that's later, to send back the deposit with an itemized list of deductions. Miss that window, and the landlord can lose the right to withhold anything from it at all.
What notice must a landlord give before entering the property in Virginia?
Routine maintenance the tenant didn't ask for needs at least 72 hours' written notice, and entry has to happen at a reasonable time, under § 55.1-1229. That requirement disappears for emergencies or for repairs the tenant requested.
What is the maximum late fee a landlord can charge in Virginia?
A late fee in Virginia is capped at the smaller of two amounts: 10% of the monthly rent or 10% of the remaining balance due. The lease has to spell out that fee in writing, or a landlord can't charge one at all.
Can a landlord increase rent during the lease term in Virginia?
A fixed-term lease locks the rent in unless it specifically allows a mid-term increase. Raising the rent on a month-to-month tenancy requires the same 30 days' written notice as ending it, and Virginia sets no limit on the amount.
Is a Statement of Tenant Rights and Responsibilities required in Virginia?
Yes. Every landlord has had to offer this document to prospective tenants since July 2020, and both sides sign an acknowledgment confirming the tenant received it.
It has to reach the tenant within a month of the lease's start date, alongside a signed copy of the agreement itself.
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