What clauses are legally required in every Virginia lease agreement?
Every Virginia lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. Because the VRLTA now applies to essentially all residential tenancies (the pre-2019 exemption for owners of a few single-family homes was repealed effective October 1, 2019), the Act's protections attach to almost every lease. Two VRLTA-specific requirements stand out: the landlord must deliver the Statement of Tenant Rights and Responsibilities and must provide a written move-in inspection report (below).
Virginia security deposit rules — the 2-month cap and 45-day return
Under § 55.1-1226, the security deposit (together with any damage-insurance premiums) may not exceed 2 months' periodic rent. At move-out the landlord must return the deposit within 45 days of termination, with a written itemization of any deductions. The landlord may make deductions for unpaid rent and damage beyond normal wear and tear, and must apply the deposit and provide the accounting within the 45-day window.
Move-in inspection report (§ 55.1-1214): within 5 days after the tenant takes occupancy, the landlord must provide a written report itemizing existing damage; it is deemed correct unless the tenant objects in writing within 5 days. This report is the foundation of any later deposit deduction. For a multi-state comparison of deposit rules, see security deposit rules every landlord must know.
Late fees and rent rules in Virginia
Virginia caps late fees by statute. Under § 55.1-1204, a late fee must be stated in the written rental agreement and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due and owed. Rent is due as stated in the lease; there is no separate statutory grace period, so the due date and any grace period should be spelled out clearly.
Notice periods to end or not renew a Virginia lease
Virginia notice periods under the VRLTA:
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month tenancy | 30 days before the next rent due date | § 55.1-1253 |
| Nonpayment of rent | 5-day pay-or-quit notice | § 55.1-1245(F) |
| Other material lease violation | 21-day cure / 30-day terminate notice | § 55.1-1245 |
The 5-day nonpayment notice must state the amount owed; if the tenant fails to pay within five days, the landlord may terminate and file for possession. Self-help eviction is prohibited — only a court-ordered unlawful-detainer process is lawful.
What disclosures must Virginia landlords provide?
The VRLTA requires an unusually full set of disclosures:
- Statement of Tenant Rights and Responsibilities (developed by DHCD) — must be provided with the lease; a landlord may not file an unlawful-detainer action until it is delivered (§ 55.1-1204).
- Visible mold in the move-in inspection report (§ 55.1-1215).
- Defective drywall, if the landlord has knowledge (§ 55.1-1218).
- Prior methamphetamine manufacture, if not remediated and the landlord has actual knowledge (§ 55.1-1219).
- Adjacent military air installation / noise or accident potential zone (§ 55.1-1217).
- Demolition or tenant relocation plans and owner/manager identity (§ 55.1-1216).
- Lead-based paint — federal disclosure for pre-1978 housing.
What happens if a Virginia lease is missing required terms?
Specific failures carry specific consequences:
- No Statement of Tenant Rights and Responsibilities: the landlord cannot file an unlawful-detainer action until it is provided (§ 55.1-1204).
- Deposit over the cap or a late return: exposes the landlord to the tenant's damages; the 45-day accounting is mandatory (§ 55.1-1226).
- Missing move-in report: undercuts the landlord's ability to justify deposit deductions (§ 55.1-1214).
Managing rentals in more than one state? Compare Virginia's rules with our North Carolina and Georgia lease requirement guides.
Full Virginia disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Virginia landlord must give at signing, see our Virginia required lease disclosures checklist.
Create your Virginia lease agreement
Our AI lease generator builds genuine state-specific rental agreements for all 50 states, including a fully tailored Virginia lease.
Create your Virginia lease agreement →Frequently asked questions
What is the maximum security deposit in Virginia?
Two months' periodic rent, including any damage-insurance premiums (Va. Code § 55.1-1226). The deposit must be returned within 45 days of termination with a written itemization.
How long does a Virginia landlord have to return a security deposit?
Within 45 days of the tenancy ending, with a written itemization of any deductions (Va. Code § 55.1-1226).
Does Virginia require a move-in inspection report?
Yes. Within 5 days after the tenant takes occupancy, the landlord must provide a written report itemizing existing damage; it is deemed correct unless the tenant objects in writing within 5 days (Va. Code § 55.1-1214).
What is the late-fee limit in Virginia?
A late fee must be in the written lease and cannot exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due and owed (Va. Code § 55.1-1204).
How much notice is required to end a month-to-month tenancy in Virginia?
Thirty days before the next rent due date (Va. Code § 55.1-1253). Nonpayment requires a separate 5-day pay-or-quit notice (§ 55.1-1245(F)).
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.