Virginia Lease Requirements: What Must Be Included

The standard residential lease operating in Virginia must comply closely with the VRLTA. Since Virginia's statehood in 1788, property laws have evolved significantly, and today the state has cracked down heavily on "junk fees" and convenience charges, while expanding critical safety mechanisms for vulnerable tenants.

Written Leases and Signed Copies

If a landlord and tenant do not sign a written lease agreement, the VRLTA dictates that the tenancy will be considered a month-to-month tenancy (or week-to-week, depending on when rent is paid).

• Under VA law, the landlord must offer a written lease.
• Once both parties sign, the landlord has 10 business days of the effective date to provide the tenant with a fully executed copy of the lease agreement and the Statement of Tenant Rights and Responsibilities form developed by the Department of Housing and Community Development (DHCD).
• Per VA Code § 55.1-1204(B) & (I), if a landlord fails to provide this statement, they are prohibited from filing or maintaining any action for possession or unpaid rent.

Processing Fees and Payment Methods (VA Code § 55.1-1204(J))

Virginia law protects tenants from being forced to pay convenience fees for rent payments. Under VA Code § 55.1-1204(J):

• A landlord is prohibited from charging a tenant any fee for the collection or processing of any payment of rent, security deposit, or any other fees, unless the landlord also offers at least one alternative method of payment that does not include additional fees.
• This requirement ensures that tenants are not penalized for how they choose to pay their rent.

Early Termination Rights

While a lease is generally a binding contract for the entire term, Virginia law provides specific off-ramps for protected classes:

1. Victims of Abuse (VA Code § 55.1-1236)

Under VA Code § 55.1-1236(B), victims of domestic violence, sexual abuse, or criminal sexual assault who have obtained a permanent protective order are legally permitted to terminate their lease agreement early. The tenant must serve the landlord a written notice of termination to be effective 28 days after the notice is served, accompanied by a copy of the protective order.

2. Military Service Members (SCRA & VA Code § 55.1-1235)

In accordance with both the federal Servicemembers Civil Relief Act (SCRA) and state law (VA Code § 55.1-1235), military personnel who receive permanent change of station (PCS) orders or deployment orders for a period exceeding 35 days have the right to terminate their lease early. The termination is effective on a date stated in the notice, which must be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given.

Prohibited Clauses

A Virginia lease cannot contain clauses that:

1. Waive the tenant's rights under the VRLTA.
2. Require the tenant to authorize a confession of judgment.
3. Permit the landlord to use physical "self-help" to execute an eviction.
4. Waive the landlord's liability for failing to maintain the property.

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How Landager Helps

Staying compliant with the VRLTA is seamless with Landager. The platform automatically tracks the 10-day lease and Statement of Tenant Rights delivery requirement and ensures your payment settings offer at least one fee-free method to satisfy VA Code § 55.1-1204(J). From managing domestic violence termination notices to providing mandatory disclosure templates, Landager keeps your Virginia residential business legally airtight.

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