Most Commonly Used Virginia Lease Agreements
The most commonly used Virginia lease agreements are an annual standard residential lease agreement, a lease to own agreement, a month-to-month lease agreement, a roommate agreement, a sublease agreement, and a commercial lease agreement.
The most commonly used Virginia lease agreements use the same elements, but the documents still have their own features. Here are a couple of examples.
- A roommate agreement explains which areas of the rental are for the exclusive use of the roommate and which areas may be used by all of the occupants.
- A standard residential lease agreement is generally drafted for a term for one year. When the term ends, the lease may convert to a month-to-month lease or it may automatically renew for another year. A month-to-month lease and a standard residential lease also have similarities. The most common similarity found in both documents is the requirement of a written 30-day notice to move out at the end of the agreement if either party does not plan to renew the lease when it ends.
How to Write a Virginia Lease Agreement
A Virginia lease agreement must comply with Virginia landlord-tenant law in order for it to be enforceable. There are other laws that must be considered. You’ll learn more about some of those laws under the sections related to disclosures and security deposits.
Before signing a Virginia lease agreement, make sure that you carefully read the terms or have the document reviewed by an attorney.
A Virginia lease agreement should include the following:
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Names of the Parties - This includes the landlord’s name or the legal name of the property management company as well as the legal name of the tenant(s).
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Property Address - This is the full street address. It should include the city, zip code, and, if there is one, the unit number or lot number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the property for a certain amount of time, usually for one year. If it is a fixed lease, this section should include the date the lease will end.
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Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that must be paid if the rent is not paid on time.
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Security Deposit - This is the amount of money the tenant must pay in advance of taking control of the property. A security deposit is used to repair the damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental. This should include the amount of the first month’s rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the legal name of each tenant even if they are a minor or they are not signing the lease. This part of a Virginia residential lease agreement establishes who will reside in a rental unit. For commercial spaces, it designates who has permission to use it. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a space is reserved and if it is designated, this information should be included in this section.
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Furnishings - This section tells tenants what they may install, such as a washing machine or dishwasher, or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or property manager and tenant along with their mailing address. This contact information is used if one party needs to send a notice to the other party.
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Eviction - This section informs tenants how eviction would be carried out in the event of nonpayment of rent or if there is a breach of other lease terms.
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Additional Terms - This section lists any other terms that the parties agreed to and aren’t included in any other sections of the lease.
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Signature and Date - The lease must be signed and dated by the parties.
Which Disclosures Belong in a Virginia Lease Agreement?
Under Virginia law, there are several disclosures that must be included in a Virginia rental lease agreement:
What You Need to Know About Virginia Lease Agreement Deposits
The landlord may not charge more than two months of rent as a security deposit. The landlord must return the security deposit to the tenant within forty-five (45) days of the end of tenancy.
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