Lease Agreement requirements in Virginia
- Must be in writing for leases longer than 12 months, but written leases are recommended for all terms.
- Include standard terms: names of all tenants, rent amount and due date, lease duration, and property address.
- Disclose lead-based paint hazards for properties built before 1978, using the EPA-approved form.
- Provide a move-in checklist with a statement of condition within five days of move-in.
- Include a Virginia Residential Landlord and Tenant Act (VRLTA) notice if the property is subject to it (most rentals are, unless owner-occupied with ≤10 units without management).
- Comply with Virginia's security deposit rules: limit to two months' rent, return within 45 days, and provide itemized deductions.
How to create a Lease Agreement in Virginia
- Download a Virginia-specific lease template or hire an attorney to ensure compliance with state laws.
- Complete all sections accurately: property address, lease term (e.g., 12 months), rent amount, due date, late fees, and utilities.
- Attach required disclosures, such as the lead paint pamphlet and the VRLTA acknowledgment.
- Have both landlord and tenant sign the lease. For leases longer than 12 months, a witness or notary is required for the tenant's signature (VA Code § 55.1-1202).
- Provide the tenant with a copy of the signed lease and the move-in checklist within a reasonable time.
- Keep the original lease in a safe place for your records; tenants should also retain a copy.
What a Lease Agreement typically costs
The cost to create a lease agreement in Virginia varies. Using a free template costs nothing, but having an attorney draft a customized lease can range from $200 to $500. Filing a lease with the local circuit court is generally not required, but if you choose to record it, there is a recording fee (typically around $15-$25).
Get a Virginia-specific lease agreement template now and ensure your rental is compliant.
Create your lease agreementPre-Lease Checklist for Virginia
Before drafting your Virginia lease, gather essential information and understand key legal requirements to avoid common pitfalls.
- Confirm the property's legal description and zoning classification, and verify you have the right to rent it.
- Collect tenant information including full legal names, contact details, and emergency contacts, and consider running credit and background checks.
- Document the condition of the property with photos or a move-in checklist, and decide on security deposit amount and pet policy.
- Review Virginia-specific rules: no notarization required for leases, but ensure any addenda (e.g., lead paint, military clauses) are included as required by law.
- Prepare disclosures such as the Virginia Residential Landlord and Tenant Act (VRLTA) notice, if applicable, and the statement of tenant rights.
- Decide on lease term, rent amount, due dates, late fees, and utility responsibilities, and have all necessary documents ready for signatures.
Frequently asked questions
Is a notary required for a lease agreement in Virginia?
For leases longer than 12 months, Virginia law requires that the tenant's signature be witnessed by at least one person or notarized. For leases of 12 months or less, no witness or notary is required, but it's always a good idea to have an official witness to prevent fraud.
What is the maximum security deposit a landlord can charge in Virginia?
Virginia law caps the security deposit at two months' rent. Landlords must return the deposit within 45 days after the lease ends, with an itemized list of any deductions for damages or unpaid rent.
Do I need to include specific disclosures in a Virginia lease?
Yes, you must include certain disclosures, such as lead-based paint for pre-1978 properties, flood risk if applicable, and a statement about the Virginia Residential Landlord and Tenant Act (VRLTA). Also, disclose the name and address of the person authorized to receive legal notices.
Can a landlord enter the rental property without notice in Virginia?
Generally, no. Virginia law requires landlords to provide at least 24 hours' notice before entering the property for non-emergency reasons. Emergency entry is allowed without notice to protect people or property.