Two ways to rent in Virginia
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in Virginia? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. Virginia residential tenancies are governed by the Virginia Residential Landlord and Tenant Act (VRLTA), found in Chapter 12 of Title 55.1 of the Code of Virginia.
Virginialease rules & requirements
Security deposit
Under Va. Code 55.1-1226, a Virginia landlord may not demand or receive a security deposit greater than two months' rent. The landlord must return the deposit, with an itemized written statement of any deductions, within 45 days after the tenancy ends or the tenant vacates, whichever is later. Missing that 45-day deadline can cost the landlord the right to keep any of the deposit.
Late fees
Virginia does not set a fixed dollar or percentage cap on late fees, but a late fee must be reasonable and must be stated in the lease to be charged. Courts treat an unreasonable or punitive fee as unenforceable, so keep it modest and spelled out clearly.
Landlord entry & notice
Under Va. Code 55.1-1229, except in an emergency or when it is impractical, the landlord must give notice of intent to enter and may enter only at reasonable times. For routine maintenance the tenant did not request, the landlord must give at least 72 hours' notice. Putting a clear notice clause in the lease keeps both sides on the same page.
Required disclosures
The landlord must give the tenant the state Statement of Tenant Rights and Responsibilities and itemize the deposit, rent, and any one-time charges on the first page of the lease. Virginia also requires a move-in mold disclosure, a defective-drywall disclosure if the landlord knows of unremediated defective drywall, a military air installation notice where applicable, and the federal lead-based-paint disclosure for homes built before 1978.
Ending the lease
A fixed-term lease simply ends on its end date. Under Va. Code 55.1-1253, either party may end a month-to-month tenancy by giving at least 30 days' written notice prior to the next rent due date, unless the lease sets a different period.
Does it need notarizing?
No. A Virginia residential lease does not need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under the Virginia Residential Landlord and Tenant Act (Va. Code Title 55.1, Chapter 12).
How to write a Virginia lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any late or NSF fees.
- 4
Set the security deposit (no more than two months' rent) and when it's returned, plus any pet, parking, smoking, or utility terms.
- 5
Add the required disclosures (mold, lead-based paint for pre-1978 homes, defective drywall if known) and the Statement of Tenant Rights and Responsibilities.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your Virginia lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
Virginia lease agreement FAQ
Does a Virginia residential lease need to be notarized?
No. A residential lease in Virginia doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in Virginia?
Yes. Under Va. Code 55.1-1226, a Virginia landlord cannot charge more than two months' rent as a security deposit.
How long does a Virginia landlord have to return the deposit?
45 days after the tenancy ends or the tenant moves out, whichever is later. The landlord must include an itemized written statement of any deductions, and missing the deadline can forfeit the right to withhold any of the deposit.
How much can a late fee be in Virginia?
There's no fixed statutory cap, but the late fee must be reasonable and must be written into the lease. A fee that is punitive or excessive can be struck down as unenforceable.
How much notice ends a month-to-month lease in Virginia?
At least 30 days' written notice before the next rent due date, from either the landlord or the tenant, under Va. Code 55.1-1253, unless the lease provides a different period.
Does the landlord have to give notice before entering?
Yes. Under Va. Code 55.1-1229, except in an emergency the landlord must give notice and enter only at reasonable times, and must give at least 72 hours' notice for routine maintenance the tenant did not request.
What must a Virginia lease disclose?
The Statement of Tenant Rights and Responsibilities, an itemization of the deposit, rent, and one-time charges on the first page, a move-in mold disclosure, defective drywall if the landlord knows of it, a military air installation notice where applicable, and the federal lead-based-paint disclosure for pre-1978 homes.
Is this Virginia lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.