Required Elements in a Virginia Lease Agreement

Signing a lease agreement is one of the most important steps for renters in Virginia. Having a legally sound lease protects your rights and helps prevent misunderstandings with your landlord. If you're wondering what must be included in a lease agreement in Virginia, this guide breaks down the essentials in simple, renter-friendly terms.

Key Requirements for Lease Agreements in Virginia

Virginia has clear rules for what must be in every residential lease. The most important requirements ensure both the renter and landlord understand their responsibilities. According to the Virginia Residential Landlord and Tenant Act, here’s what a lease agreement should include:

• Names and contact information of all tenants and the landlord or property manager
• Rental property address and a clear description of the unit
• Lease term (e.g., 12 months, month-to-month) and start/end dates
• Monthly rent amount and due date, including where and how to pay
• Security deposit details (amount, refund rules, reasons for withholding)
• Repair and maintenance responsibilities for both parties
• Rules about late fees and any allowed penalties
• Utilities: Who pays for what—electricity, water, trash, gas, etc.
• Entry procedures—how much notice the landlord must give to enter (usually 24 hours in non-emergency situations)
• Termination and renewal conditions
• Required disclosures, such as presence of mold, lead-based paint (for buildings built before 1978), or defective drywall

Including these details helps ensure everyone is on the same page and the lease is legally enforceable if a dispute arises.

Mandatory Disclosures in Virginia

State law requires landlords to provide specific disclosures to renters in writing. These include:

• Lead-based paint warning for properties built before 1978 (EPA Lead Disclosure Form)
• Mold, defective drywall, or military air installation proximity, if applicable
• Notice of any visible evidence of mold at move-in, using the Virginia Residential Mold Disclosure Form

Official Forms Every Renter Should Know

• Virginia Residential Lease Agreement form: Not a required state-standard form, but many landlords use templates that meet the requirements under state law. Always review before signing.
• Virginia Residential Mold Disclosure Form: Used when moving in; documents any visible mold. If a landlord provides this, review and make your own notes on any concerns. See official form.
• EPA Lead-Based Paint Disclosure Form (for buildings built before 1978): Federal form you should receive and sign if your home is affected. View the EPA form.

For example, if you’re moving into a 1975 apartment, your landlord must give you the EPA Lead Disclosure form outlining known hazards. If you suspect missing forms or disclosures, ask your landlord for them in writing.

Legal Protections and Where to Get Help

The Virginia General District Court handles most residential tenancy disputes, such as rent disagreements, evictions, or lease violations. Knowing your rights under the Virginia Residential Landlord and Tenant Act is key if you have an issue.

FAQ: Lease Terms and Renter Protections in Virginia

1. Can my landlord add terms not listed in Virginia law?
   Yes, but those terms cannot override your rights under the Virginia Residential Landlord and Tenant Act, and must be clearly explained in the lease.
2. Is a verbal lease valid in Virginia?
   Yes, for leases under one year. However, a written agreement is much safer for protecting your rights.
3. How much security deposit can a landlord charge?
   No more than two months’ rent. Details must be listed in the lease and handled according to state rules.
4. What should I do if something required is missing from my lease?
   Ask your landlord, in writing, to add the missing information. If there’s a dispute, get advice from the General District Court or the Virginia Department of Housing.
5. Where can I check my rights if I have a lease problem?
   Visit the official Virginia Residential Landlord and Tenant Act or contact your local court for support.

Need Help? Resources for Renters

• Virginia Residential Landlord and Tenant Act – All tenant and landlord rights and obligations
• Virginia Department of Housing and Community Development – Landlord-Tenant Resources
• Virginia General District Court – File rental-related complaints and get legal forms
• Virginia Legal Aid Society – Free legal advice and help for qualifying renters

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1. Virginia Residential Landlord and Tenant Act, Va. Code § 55.1-1200 et seq.
2. Key lease and disclosure requirements (§55.1-1204)
3. Virginia General District Court: Housing and Tenancy Cases
4. Virginia Department of Housing – Landlord-Tenant Resources
5. EPA Lead-Based Paint Disclosure Requirements

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