Virginia Lease Agreement Requirements: What Changed

Virginia has been one of the more active states for landlord-tenant law changes over the past few years, and last year, 2025, brought a significant round of updates that affect every lease signed or renewed on or after July 1, 2025. If you are using a lease template from two or three years ago without updating it, there is a real chance it is out of compliance. Here is what the Virginia Residential Landlord and Tenant Act currently requires and what changed most recently.

The Baseline: Virginia Residential Landlord and Tenant Act

All residential leases in Virginia are governed by the VRLTA, found in Title 55.1, Chapter 12 of the Virginia Code. The VRLTA supersedes all local ordinances that conflict with it, so there is no patchwork of city-level rules to navigate the way there is in New York or California. What the state requires is what applies statewide.

The VRLTA covers most residential rental arrangements but has some notable exemptions. Landlords who own ten or fewer single-family homes and rent them out are generally exempt from the VRLTA's provisions unless the lease explicitly opts into the Act. Landlords in that category operate under general contract and property law rather than the full VRLTA framework. If you own more than four single-family residences in a city or certain counties, the VRLTA applies regardless of whether the lease says so.

What Changed July 1, 2025

The 2025 legislative session produced three meaningful changes to how Virginia leases must be written and administered.

Fee disclosure on the first page (HB 2430). Starting July 1, 2025, every written rental agreement subject to the VRLTA must include on the first page an itemized list of all charges to the tenant. This means the security deposit amount, the rent per payment period, and any one-time charges due before the lease starts or included in the first payment must all appear together on page one. The required statement immediately above that list reads: "No additional security deposits or rent shall be charged unless they are listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement." Any charge not disclosed on the first page or in a signed addendum cannot be collected. This applies to all leases entered into, extended, or renewed on or after July 1, 2025. Leases signed before that date remain valid but must be updated at renewal.

Processing fee restrictions (HB 2218 / SB 1356). Virginia landlords can no longer charge tenants a convenience fee or processing fee for paying rent, a security deposit, or any other charge unless they also provide at least one free payment method alternative. If your rent collection platform charges tenants a fee to pay by credit or debit card, you must offer a no-cost option alongside it. The law also requires landlords to provide a written receipt when a tenant pays rent or a security deposit by cash or money order. Landlords who own four or fewer rental units are exempt from the requirement to accept specific payment methods, but the receipt requirement for cash and money order payments applies more broadly.

60-day non-renewal notice (HB 1867 / SB 1043). Landlords who own more than four rental units must now give tenants written notice at least 60 days before the end of a lease term if they do not intend to renew. Previously, shorter notice periods were often set by the lease itself. Under the new requirement, statute overrides any lease language that provides for less than 60 days notice on non-renewal. A landlord who misses this window may face an automatic renewal or a month-to-month conversion they did not intend. This rule applies to most fixed-term leases governed by the VRLTA. Small landlords at or below the four-unit threshold are not subject to this requirement.

Updated Statement of Tenant Rights and Responsibilities. Virginia has required landlords to provide tenants with the state's Statement of Tenant Rights and Responsibilities since 2020. The 2025 version, mandatory for all leases beginning on or after July 1, 2025, must be used for every new lease and renewal. Both the landlord and tenant must sign an acknowledgment of receipt. A landlord who fails to provide the current version faces a significant consequence: courts can dismiss an eviction action until the statement is properly delivered. Using last year's version is a compliance failure. Starting in 2025, state law also requires the statement to be made available in the five most spoken non-English languages in Virginia: Spanish, Arabic, Chinese, Korean, and Tagalog.

Security Deposit: Cap, Escrow, and Interest

Virginia caps security deposits at two months' rent. The deposit must be held in a federally insured account identified as tenant funds, not commingled with the landlord's personal or operating accounts. For deposits held longer than 13 months, the landlord must pay interest at a rate equal to the Federal Reserve Board's primary credit rate as of January 1 of each year. The deposit must be returned within 45 days of the tenant vacating, along with a written itemized statement of any deductions. If the tenant does not provide a forwarding address, the landlord may eventually transfer unclaimed funds to the state treasury after one year. A landlord who wrongfully withholds a deposit faces liability for the full amount plus damages.

Late Fees and Grace Period

Virginia requires a five-day grace period after rent is due before a late fee can be charged. The maximum late fee is the lesser of $50 or 10% of the monthly rent. On a $1,800 per month unit, that caps the fee at $180. The late fee terms must be stated clearly in the lease to be enforceable, and under the new first-page disclosure requirement, the late fee amount must appear in the itemized fee list on page one.

Entry Notice

Virginia requires landlords to give at least 24 hours written notice before entering a rental unit for non-emergency repairs, inspections, or showings. Practical guidance from property managers in the state suggests 72 hours as a safer standard for routine maintenance. Emergency entry without notice is permitted only in genuine emergencies such as fire, gas leak, or flooding. A landlord who repeatedly enters without proper notice can face claims of harassment and potential lease termination rights for the tenant.

Required Disclosures

Virginia requires seven specific disclosures in or alongside the lease.

Lead-based paint disclosure is required federally for all pre-1978 properties, as in every state.

The move-in written condition checklist must be provided to the tenant before move-in. This is a written statement documenting the condition of the unit and all furnishings at the start of the tenancy. Both parties should sign it. Without it, disputes over what damage existed before the tenant moved in are resolved without documentation.

The military termination clause must be included in every Virginia lease by statute. Virginia has one of the largest active-duty military populations in the country, and the lease must include the statutory language allowing service members to terminate early under the Servicemembers Civil Relief Act. Leases cannot be conditioned on waiving those rights.

Mold disclosure is required if the landlord has any knowledge of mold in the unit prior to the tenancy. Known mold that is not disclosed creates liability well beyond what the lease would otherwise expose the landlord to.

Defective drywall disclosure is required if the landlord has knowledge of defective drywall in the unit. Virginia had a significant problem with imported defective drywall in homes built between 2001 and 2009, particularly in the Hampton Roads area, and this disclosure reflects that history.

Landlord or authorized property manager name and address must be provided in the lease for the purpose of receiving notices and rent payments.

The Statement of Tenant Rights and Responsibilities, discussed above, must be provided, signed, and must be the current version from the Virginia Department of Housing and Community Development.

Month-to-Month Termination

For month-to-month tenancies, both landlords and tenants must give 30 days written notice to terminate. The 60-day non-renewal notice requirement described above applies specifically to fixed-term leases for landlords with more than four units. Month-to-month notice remains 30 days for both parties.

No Rent Control

Virginia has no statewide rent control and generally prohibits localities from enacting their own. Rent can be raised to any amount with proper notice. For month-to-month tenancies, 30 days written notice is required before a rent increase takes effect. During a fixed-term lease, rent cannot be increased unless the lease specifically allows for it.

Lease Provisions That Are Void

Virginia law specifically prohibits certain lease clauses regardless of whether both parties signed them. A tenant cannot waive rights or remedies provided under the VRLTA in the lease. A lease clause requiring a tenant to pay the landlord's attorney fees without a reciprocal obligation for the landlord to pay the tenant's fees if the landlord is the one who breaches is void. Any clause that limits the landlord's liability for their own negligence is unenforceable. A landlord who includes a prohibited clause and tries to enforce it can face liability for the tenant's actual damages and attorney fees.

Getting the 2025 Updates Into Your Lease

The combination of the first-page fee disclosure requirement, the updated Statement of Tenant Rights and Responsibilities, the 60-day non-renewal notice for larger landlords, and the processing fee restrictions means that leases from before July 2025 are not adequate for new tenancies. A Virginia residential lease agreement built to the current VRLTA requirements incorporates the itemized fee disclosure format, the required disclosures, and the statutory military clause so the lease holds up from the moment both parties sign it.