Virginia Lease Requirements: What Must Be Included

The standard residential lease operating in Virginia must comply closely with the VRLTA. 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 to provide the tenant with a fully executed copy of the lease agreement.

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 cannot charge a tenant a fee for using an electronic payment method (like an online portal) unless the landlord also offers the tenant at least one free, alternative payment method.
• The free alternative must allow the tenant to pay without any additional charge (e.g., physical check, money order, or ACH transfer where the fee is absorbed by the landlord).
• 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 (HB 764)

Under recent legislative expansions, 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 without financial penalty. The tenant must provide proper written notice and a copy of the protective order.

2. Military Service Members (SCRA)

In accordance with both the federal Servicemembers Civil Relief Act (SCRA) and state law, 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, typically requiring 30 days' written notice accompanied by a copy of their orders.

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 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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