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    Virginia Residential Lease Agreement

    Virginia limits security deposits to 2 months' rent, and requires its return within 45 days after the triggering event.

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    Upcoming changes

    • Landlords with more than four units must give written notice of a rent increase at least 90 days before the lease term ends, with a renewal-response deadline at least 30 days after delivery; nonrenewal notice stays at 60 days. Effective (2026 HB 678 (2026 Va. Acts ch. 1066)).
    • Landlords with more than four units must, when arrears are no more than one month's rent plus late charges, serve a 14-day notice offering a payment plan (equal monthly installments over the lesser of six months or the remaining term, no added late fees while current); offered once per lease term. Effective (2026 HB 95 (2026 Va. Acts ch. 1105)).

    Virginia lease rules at a glance

    Key Virginia rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap2 months' rentVa. Code § 55.1-1226(A), Va. Code § 55.1-1206(A), (C), Va. Code § 55.1-1208(A)(7)
    Deposit return deadline45 days after the triggering eventVa. Code § 55.1-1226(A), Va. Code § 55.1-1226(E)
    Late feesLesser of 10% of the periodic rent or 10% of the remaining balance due and owed; only if the written lease provides for it · grace period: no state grace periodVa. Code § 55.1-1204(E), Va. Code § 55.1-1204(C)(4)-(5), (E)
    Landlord entry notice72 hours' noticeVa. Code § 55.1-1229(A)(4)
    Ending a month-to-month lease30 days (either side)Va. Code § 55.1-1253(A), (B)
    Rent increase notice30 days (Month-to-month/holdover: new rent takes effect on the next rent due date at least 30 days after written notice. Landlords with more than 4 units (or >10% interest in more than 4) must give 60 days' written notice before the lease term ends of any rent increase for a renewing or auto-renewing lease (90 days from July 1, 2027))Va. Code § 55.1-1253(D), Va. Code § 55.1-1204(K)
    Rent controlNone; cities barred from adopting itVa. Code § 55.1-1201(A), (E)
    Eviction notice for unpaid rent14 days (14-day pay or quit notice (notice of nonpayment))Va. Code § 55.1-1245(F), 2026 Va. Acts chs. 353 (HB 15), 354 (SB 48)

    Virginia lease disclosures checklist

    Before or at lease signing, Virginia landlords must give the DHCD tenant-rights statement, put an itemized fee list on the lease's first page, and make the listed condition and location disclosures (Va. Code §§ 55.1-1204, 55.1-1204.1, 55.1-1214 to -1219). (Va. Code § 55.1-1204(B), Va. Code § 55.1-1204.1, Va. Code § 55.1-1215, Va. Code § 55.1-1216, Va. Code § 55.1-1217, Va. Code § 55.1-1218, Va. Code § 55.1-1219, Va. Code § 55.1-1206(D))

    • DHCD Statement of Tenant Rights and Responsibilities, with signed acknowledgment form — With the written lease offer; copy within 10 business days of lease effective dateVa. Code § 55.1-1204(B), (H)
    • Itemized charges (deposit, rent per period, one-time charges) beginning on the first page of the lease, with the required statement — In every written leaseVa. Code § 55.1-1204.1
    • Move-in inspection report of existing damages, including disclosure of any visible mold — Within 5 days after occupancyVa. Code § 55.1-1214; § 55.1-1215
    • Name and address of the property manager and an owner or owner's agent — At or before the beginning of the tenancyVa. Code § 55.1-1216(A)
    • Pending condominium/cooperative registration or planned demolition, rehabilitation or conversion displacing tenants — Multifamily; to prospective tenantsVa. Code § 55.1-1216(C)
    • Noise zone or accident potential zone near a military air installation — Localities with a military air installation; before lease signingVa. Code § 55.1-1217
    • Known unremediated defective drywall — Landlord has actual knowledge; before lease signingVa. Code § 55.1-1218
    • Known prior methamphetamine manufacture not cleaned up — Landlord has actual knowledge; before lease signingVa. Code § 55.1-1219
    • Notice that landlord's insurance does not cover tenant property, renter's insurance does not cover flood, and where to check flood-zone status — Before signing, if the lease does not require renter's insuranceVa. Code § 55.1-1206(D)
    • Lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

    MakeLease generates a customizable lease; add these Virginia disclosures and terms.

    Before you sign in Virginia

    If a deposit is withheld wrongly
    A landlord who willfully fails to comply with the deposit rules must return the deposit and pay the tenant's actual damages and reasonable attorney fees, unless the tenant owes rent, in which case the deposit is credited against the rent due (Va. Code § 55.1-1226(E)). (Va. Code § 55.1-1226(E))
    Deductions from the deposit
    Landlords must itemize the deposit and all deductions in a written notice to the tenant, including an itemized list of damages after the move-out inspection (Va. Code § 55.1-1226(A), (G)). (Va. Code § 55.1-1226(A), (G))
    Interest on the deposit
    Virginia law does not require landlords to pay interest on security deposits; § 55.1-1226 is silent on interest (Va. Code § 55.1-1226). (Va. Code § 55.1-1226)
    Rent control and increases
    Virginia has no rent control, and the VRLTA supersedes local landlord-tenant ordinances, so landlords may set rent at lease renewal subject only to the notice rules (Va. Code § 55.1-1201(A), (E)). (Va. Code § 55.1-1201(A), (E))

    No statewide rent control; the VRLTA supersedes local landlord-tenant ordinances and no locality has authority to adopt rent control.

    If rent goes unpaid
    Before terminating for unpaid rent, landlords must serve a written notice giving the tenant 14 days to pay (Va. Code § 55.1-1245(F)). (Va. Code § 55.1-1245(F), 2026 Va. Acts chs. 353 (HB 15), 354 (SB 48))
    • In effect since .
    • Before : Five-day written notice of nonpayment (§ 55.1-1245(F) as of 2025).

    Virginia lease FAQs

    How much can a landlord charge for a security deposit in Virginia?

    Landlords may not demand or receive a security deposit of more than two months' periodic rent, and any up-front insurance premiums count toward that same cap (Va. Code §§ 55.1-1226(A), 55.1-1206, 55.1-1208(A)(7)) (Va. Code § 55.1-1226(A)).

    How long does a Virginia landlord have to return a security deposit?

    Landlords must return the deposit, with an itemized written list of any deductions, within 45 days after the tenancy ends or the tenant vacates, whichever is later (Va. Code § 55.1-1226(A)).

    Is there a limit on late fees in Virginia?

    A late fee may be charged only if the written lease provides for it and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed (Va. Code § 55.1-1204(E)). Virginia sets no mandatory grace period for written leases, so a late fee provided in the lease may apply once rent is past due; only when there is no written lease is rent late after the fifth of the month (Va. Code § 55.1-1204(C)(4)-(5), (E)).

    How much notice must a Virginia landlord give before entering a rental?

    Except in emergencies or where impractical, landlords must give notice of intent to enter and enter only at reasonable times, with at least 72 hours' notice for routine maintenance the tenant did not request (Va. Code § 55.1-1229(A)(4)).

    How much notice ends a month-to-month tenancy in Virginia?

    Either party may end a month-to-month tenancy with written notice served at least 30 days before the next rent due date, unless the lease sets a different period (Va. Code § 55.1-1253(A)) (Va. Code § 55.1-1253(A), (B)).

    What disclosures does a Virginia lease need?

    Before or at lease signing, Virginia landlords must give the DHCD tenant-rights statement, put an itemized fee list on the lease's first page, and make the listed condition and location disclosures (Va. Code §§ 55.1-1204, 55.1-1204.1, 55.1-1214 to -1219) (Va. Code § 55.1-1204(B)). The list covers DHCD Statement of Tenant Rights and Responsibilities, with signed acknowledgment form, Itemized charges (deposit, rent per period, one-time charges) beginning on the first page of the lease, with the required statement, Move-in inspection report of existing damages, including disclosure of any visible mold, Name and address of the property manager and an owner or owner's agent, Pending condominium/cooperative registration or planned demolition, rehabilitation or conversion displacing tenants, Noise zone or accident potential zone near a military air installation, Known unremediated defective drywall, Known prior methamphetamine manufacture not cleaned up, Notice that landlord's insurance does not cover tenant property, renter's insurance does not cover flood, and where to check flood-zone status and Lead-based paint disclosure and EPA pamphlet.

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