TurboTenant’s Virginia lease agreement has been written and reviewed by Virginia lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.
Click this link to see an example of a standard Virginia Lease Agreement.
Overview of a Virginia Lease Agreement
The Virginia lease agreement is split up into three sections.
Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.
Section 2 contains clauses in accordance with Virginia law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.
Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.
While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.
Section 1 - Custom to You
Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process.
We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example Virginia Lease Agreement.
Here are a couple of other items in Section 1 worth mentioning:
Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.
Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.
Section 2 - Specific to Virginia
Section 2 includes language that is specific to Virginia. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.
There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.
Late Fees - Section 2.1
Rent is due in full on the 1st of every month. If your tenants do not pay the full rent amount by 5:00 pm on the 5th, then you are entitled to charge a late fee of 10% of the unpaid rent amount for that month. So for example, if today is the 3rd and your tenants have not paid their $1,000 monthly rent amount, then you may charge them a late fee of $100. This is a one-time fee each month based on the unpaid balance.
Occupancy Limits and Guests - Section 2.5
Only tenants and any additional occupants (which are dependents such as children) may occupy the premise. One guest is allowed but only for a maximum of 15 days every 6 months.
Notification of Repairs - Section 2.7
Your tenants must pay for any repairs that are due to their, or their guests, misuse or negligence of the property.
Your tenants must immediately notify you of serious building problems such as a crack in the foundation, any leaking or running water, appliance malfunction, or electrical shorting. Failure to let you know may make it so the tenant is responsible for the damages due to not addressing the problem sooner.
You as the landlord must pay for any repairs necessary to create a healthy and safe living environment for your tenant.
Notifying of absences - Section 2.9
The tenants must notify you if they will be gone from the rental property for more than 7 days. You are allowed to check-in and even enter the rental property while they are gone to ensure everything is alright.
2.10 Fair Housing
The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status and disability. Virginia has an extra protection added for tenants 55 years of age and older, protecting them from unlawful evictions and discrimination. All Parties to this Agreement shall act according to said law or any other classification protected by federal, state or local law applicable in the jurisdiction where the Premises is located.
Changing Locks - Section 2.12
If your tenant wants to change locks or security devices, they must request to do so in writing. Any additional rekeying, security devices, etc. that the tenant wants must be paid by them but will still be installed by you as the landlord.
Disclosures - We have added in the following required disclosures specific to Virginia so you don't have to attach them separately:
Receipt of Tenant's Rights and Responsibilities - Section 2.16
Military Air Installation Area - Section 2.17
Defective Drywall - Section 2.18
Methamphetamine Knowledge - Section 2.19
Shared Utility Notice - Section 2.20
Mold - Section 2.21
The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.
Subletting - Section 3.1
Your tenant is not at all allowed to sublease the rental property without your written permission.
Altering or Improving the Property - Section 3.2
Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.
Follow the Law (noise, drugs, etc.) - Section 3.14
Your tenant cannot break any law or ordinance (federal, state, or local) while on your rental property. This also includes a clause saying they are not allowed to be annoying or a nuisance to neighbors while on the property. Any of the above can be good grounds for terminating the lease agreement.
Helpful things to know about Virginia Landlord-Tenant law
There are a number of items specific to Virginia that are important to know related to the law that governs Landlord-Tenant agreements.
Maximum security deposit is 2 times the monthly rent (source)
Security deposit must be returned within 45 days (source)
Unless otherwise agreed to in writing by each of the tenants, disposition of the security deposit shall be made with one check being payable to all such tenants and sent to a forwarding address provided by one of the tenants (source)
The maximum late fee a landlord may charge is 10% of an unpaid balance. (source)
A landlord’s right to terminate the tenancy, and the manner by which termination occurs, may vary depending upon the total number of units owned by the landlord. (Source)
Prepaid rent (NOT including security deposit) must be deposited in an interest-bearing account.
The landlord of a single-family residence shall give written notice to the tenant if the landlord has received a notice of a mortgage default, mortgage acceleration, or foreclosure sale relative to the loan on the dwelling unit within five business days after written notice from the lender is received by the landlord. (Source)
A landlord may not accept rent and proceed with an eviction unless provided for in writing that the acceptance of rent is with reservation and not a waiver of any right. (source) (This is included in our agreement via section 2.15)
Landlords must provide Tenants with a statement of their rights and responsibilities available here: https://www.dhcd.virginia.gov/landlord-tenant-resources (source) (This is included in our agreement via section 2.16)
Virginia has a handful of new laws relating to COVID-19 that extend through at least July 1st 2028 (or potentially further). (Source)
Missing something you want to make sure is included?
This article only includes an overview of some of the details included in the Virginia Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement.
We wanted our lease agreement to handle the majority of use cases for landlords in Virginia. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.
DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.