Virginia Residential Lease

Easily create a residential fixed-term or month-to-month rental agreement that is taylored to Virginia Law.  This form lets you specify who can live on the property, the amount of rent, and how it's to be paid; set the security deposit and explain how it will be used and returned; explain your rights to enter the rental and the tenant's and landlord's upkeep responsibilities.

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lease

Residential Lease

month-to-month

Residential Month-to-Month Rental Agreement

Identification of Landlord and Tenant

This Agreement is between  ("Tenant") and  ("Landlord"). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. 

Identification of Premises and Occupants

Subject to the terms and conditions set forth in this Agreement, Landlord rents to Tenant, for residential purposes only, the premises located at , Virginia ("Premises"). The Premises will be occupied by the Tenant and the following minor children: .

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additional features

Rental of the Premises also includes .

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Spaces or items are excluded Rental of the Premises excludes: .
 
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Virginia Landlord Tenant Act

Applicability of the Virginia Residential Landlord and Tenants Act

This rental will be governed by the terms and conditions of the Virginia Residential Landlord and Tenants Act, Va. Code Sections 55-248.2 and following.

  Term of the Tenancy

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lease

The term of the rental will begin on , and will expire on .

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inspection report 

Within five days of Tenants' occupancy of the Premises, Tenants and Landlord will document the condition of the Premises as follows:

  • Landlord will give Tenant a written report on the condition of the Premises, itemizing damage. The report will be considered correct unless Tenant objects in writing within five days of receipt.
  • Tenant will prepare a written record of existing damage, which will be deemed correct unless Landlord objects in writing within five days of receipt.
  • Landlord and Tenant will jointly prepare and sign a statement of existing damage, which will be deemed a correct record of any such damage.
month-to-month

The rental will begin on  and continue on a month-to-month basis. Landlord may terminate the tenancy or modify the terms of this Agreement by giving Tenant 30 days' written notice. Tenant may terminate the tenancy by giving Landlord 30 days' written notice. 

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inspection report 

Within five days of Tenants' occupancy of the Premises, Tenants and Landlord will document the condition of the Premises as follows:

  • Landlord will give Tenant a written report on the condition of the Premises, itemizing damage. The report will be considered correct unless Tenant objects in writing within five days of receipt.
  • Tenant will prepare a written record of existing damage, which will be deemed correct unless Landlord objects in writing within five days of receipt.
  • Landlord and Tenant will jointly prepare and sign a statement of existing damage, which will be deemed a correct record of any such damage.

Amount and Schedule for the Payment of Rent

Tenant will pay to Landlord a monthly rent of $, payable in advance on the  day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid to .

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Rent by mail or in person accepted Rent will be paid at , or at such other place as Landlord will designate from time to time.
 

Landlord will accept rent in the form of:

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cash cash
personal check personal check
certified funds or money order certified funds or money order
credit or debit card credit or debit card
electronic funds transfer

electronic funds transfer:

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Rent personally accepted Rent is accepted during the following days and hours: .
 
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prorated rent option

On signing this Agreement, Tenant will pay to Landlord for the period of  through  the sum of $ as rent, payable in advance of the start of the tenancy. 

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prorated rent plus one month rent

Upon move-in, Tenant will owe as rent the prorated rent specified above, plus one full month's rent, for a total of $.

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late fee

Late Charges 

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no grace period If Tenant fails to pay the rent in full before the end of the day it is due,
grace period
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second If Tenant fails to pay the rent in full before the end of the second day after rent is due and unpaid,
third If Tenant fails to pay the rent in full before the end of the third day after rent is due and unpaid,
fourth If Tenant fails to pay the rent in full before the end of the fourth day after rent is due and unpaid,
fifth If Tenant fails to pay the rent in full before the end of the fifth day after rent is due and unpaid,
sixth If Tenant fails to pay the rent in full before the end of the sixth day after rent is due and unpaid,

Tenant will pay Landlord a late charge as follows: . Landlord does not waive the right to insist on payment of the rent in full on the date it is due.

Returned Check and Other Bank Charges

If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, Tenant will pay Landlord a returned check charge of $50 plus the amount charged to Landlord by the financial institution that rejected the check, due within two weeks of Landlord's written demand.

Security Deposit

On signing this Agreement, Tenant will pay to Landlord the sum of $ as a security deposit. Tenant may not, without Landlord's prior written consent, apply this security deposit to the last month's rent, or to any other sum due under this Agreement. Within days after Tenant has vacated the Premises, returned keys, and provided Landlord with a forwarding address, Landlord will return the deposit in full or give Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by Landlord, along with a check for any deposit balance. 

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interest

 If Landlord has held the deposit for over 13 months after the move-in date specified in Clause 4, and Tenant has continuously occupied the same premises as described in Clause 2, Landlord will pay interest on the deposit as of . The rate will be 4% below the Federal Reserve Board discount rate as of the year in which the interest is due. Landlord will pay the interest when the tenancy ends and Landlord has regained possession, at the time Landlord refunds the security deposit. (Va. Code Ann. Section 55-248.15:2.)

Utilities 

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Tenant pays all utilities

Tenant is responsible for paying all utilities.

Tenant pays all utilities except specified

Tenant is responsible for paying all utilities except the following: .

Prohibition of Assignment and Subletting 

Tenant may not sublet any part of the Premises or assign this Agreement without the prior written consent of Landlord. Neither shall Tenant sublet or rent any part of the Premises for short term stays of any duration, including but not limited to vacation rentals. Violating this clause is grounds for terminating the tenancy.

Tenant's Maintenance Responsibilities 

Tenant agrees to: (1) keep the Premises clean and sanitary and in good repair and, upon termination of the tenancy, to return the Premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the Premises of which they become aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the Premises, including Landlord's personal property therein, damaged by Tenant or Tenant's guests or invitees through misuse or neglect.

Tenant has examined the Premises, including appliances, fixtures, carpets, drapes, and paint, and has found them to be in good, safe, and clean condition and repair.

Possession of the Premises 

If, after signing this Agreement, Tenant fails to take possession of the Premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement.

In the event Landlord fails to deliver possession of the Premises to Tenant for any reason not within Landlord's control, including but not limited to failure of prior occupants to vacate or partial or complete destruction of the Premises, Tenant will have the right to terminate this Agreement. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord. 

If landlord willfully fails to deliver possession, rent will abate until possession is delivered. Tenant may terminate the Agreement within five days' written notice, and shall be entitled to the return of all prepaid rent and security deposits; or Tenant may demand performance of the Agreement, in court if necessary. Landlord's willful and bad faith failure to deliver will entitle Tenant to actual damages and attorney fees.

Pets 

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No pets

No animal may be kept on the Premises without Landlord's prior written consent, except animals needed by tenants who have a disability, as that term is understood by law.

Specified types of pets allowed

No animal may be kept on the Premises without Landlord's prior written consent, except animals needed by tenants who have a disability, as that term is understood by law, except for the following: , under the following conditions: .

Landlord's Access for Inspection and Emergency

Landlord or Landlord's agents may enter the Premises to inspect; make necessary or agreed repairs, decorations, alterations, or improvement; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. Landlord will give Tenant notice of intent to enter and will enter only at reasonable times.

If Landlord needs to perform routine maintenance that has not been requested by Tenant, Landlord will give Tenant  hours' notice before entering. 

Landlord may enter without notice or consent in the case of an emergency.

Extended Absences by Tenant

Tenant agrees to notify Landlord in the event that Tenant will be away from the Premises for  consecutive days or more. During such absence, Landlord may enter the Premises at times reasonably necessary to maintain the property and inspect for damage and needed repairs.

Prohibitions Against Violating Laws and Causing Disturbances

Tenant will be entitled to quiet enjoyment of the Premises. Tenant and Tenant's guests or invitees will not use the Premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs; (2) commit waste or cause or tolerate a nuisance; or (3) annoy, disturb, inconvenience, or interfere with the quiet enjoyment and peace and quiet of any other tenant or nearby resident.

Repairs and Alterations

a. Alterations generally.  Except as provided by law, or as authorized by the prior written consent of Landlord, Tenant will not make any repairs or alterations to the Premises, including putting nails in the wall or painting the rental unit.

b.  Security devices. Except as provided by law, Tenant will not, without Landlord's prior written consent, alter, rekey, or install any locks to the Premises or install or alter any burglar alarm system. Tenant will provide Landlord with a key or keys capable of unlocking all such rekeyed or new locks as well as instructions on how to disarm any burglar alarm system that has been permitted or altered with consent. 

Destruction of or Damage to the Premises

In the event the Premises are damaged or destroyed by fire or other cause, the following will apply:

a.  Tenant's enjoyment of the dwelling unit is substantially impaired, or required repairs may be made only if Tenant vacates the Premises. Either Landlord or Tenant may terminate the Agreement. Tenant must serve written notice and vacate within 14 days; Landlord must serve written notice, specifying that the Agreement will terminate after 30 days.

b. Continued occupancy is lawful. If the damage or destruction is not so great as to render the dwelling unit unfit or uninhabitable, rent will abate until the Premises are restored.

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damage insurance

Damage Insurance

Landlord will maintain "damage insurance," which will secure Tenant's performance of the terms and conditions of this Agreement and name Tenant as an insured. Tenant has a right to obtain separate damage insurance.

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up front

Prior to , Tenant will pay Landlord , the actual cost of such coverage, which may include administrative fees.  Landlord has provided Tenant with a summary of the insurance policy prepared by the insurer, or a certificate evidencing the coverage being provided, and will upon request provide a copy of the policy.

monthly as additional rent

Tenant will pay Landlord , the actual cost of such coverage, which may include administrative fees, as additional rent, as follows: .  Landlord has provided Tenant with a summary of the insurance policy prepared by the insurer, or a certificate evidencing the coverage being provided, and will upon request provide a copy of the policy.

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renters insurance
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renters' insurance, tenant

Renters' Insurance Obtained by Tenant

Tenant acknowledges that Landlord's property insurance policy will not cover damage to or loss of Tenant's personal property. Tenant will obtain a renters' insurance policy that will:

  • reimburse Landlord for cost of fire or water damage and vandalism to the Premises;
  • indemnify Landlord against liability to third parties for any negligence on the part of Tenant, Tenant's guests, or invitees; and
  • cover damage to Tenant's personal possessions to a minimum of $100,000. 

Tenant will provide Landlord with proof of such policy by giving Landlord a certificate of insurance issued by the insurance company within fifteen (15) days of . The policy will include Landlord as an "additional insured." Tenant will provide Landlord with a certificate of insurance upon every renewal. Tenant will not allow such policy to expire during the rental term. Failure to obtain and maintain a renters' insurance policy will be treated as a material breach of this Agreement.

renters' insurance, landlord

Renters' Insurance Obtained by Landlord

Landlord will obtain renters' insurance on behalf of Tenant. The policy will name Tenant as an insured.

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up front Tenant will owe Landlord  in advance of , which reflects the actual costs to Landlord for providing such insurance, including premiums and administrative costs. Landlord has provided Tenant with a summary of the insurance policy prepared by the insurer, or a certificate evidencing the coverage being provided, and will upon request provide a copy of the policy.
monthly as additional rent Tenant will owe Landlord ,which reflects the actual costs to Landlord for providing such insurance, including premiums and administrative costs, as additional rent, as follows:.  Landlord has provided Tenant with a summary of the insurance policy prepared by the insurer, or a certificate evidencing the coverage being provided, and will upon request provide a copy of the policy.
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disclosures

Disclosures

Landlord makes the following disclosure(s) regarding the Premises:

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military zone
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noise 

A military air installation is present in this locality. This property is within a designated noise zone.

accident 

A military air installation is present in this locality. This property is within a designated accident potential zone.

noise & accident

A military air installation is present in this locality. This property is within a designated noise and accident potential zone.

ratio utility billing

Landlord  will pay utility companies directly for the following services: . Landlord will bill Tenant for Tenant's share of these utilities, using a "ratio utility billing" method, as follows: .

condominium plans

defective drywall

The premises includes defective, unrepaired drywall.

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attorney fees

Attorney Fees and Court Costs

In any litigation concerning the meaning or implementation of this Agreement, the prevailing party will be entitled to attorney fees and court costs from the losing party.

 Authority to Receive Legal Papers 

The following person or persons are authorized to accept service of process and receive other notices and demands:

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Manager The manager, , at ; phone: ; email: .
Landlord The Landlord, , at ; phone: ; email: .
Other  at ; phone: ; email: .

Lead-Based Paint and/or Lead Based Paint Hazards

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Post-1978 construction The Premises are exempt from federal lead-based paint and paint hazards disclosure requirements.
Pre-1978 construction
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property is not exempt Tenant has received the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards, and the booklet, Protect Your Family From Lead in Your Home.
property is exempt The Premises are exempt from federal lead-based paint and paint hazards disclosure requirements.

Grounds for Termination of Tenancy

The failure of Tenant or Tenant's guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenant's Rental Application, are grounds for termination of the tenancy, with appropriate notice to Tenant and procedures as required by law.
 

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Tenant will receive written rules and regulations 

Rules and Regulations

Tenant acknowledges receipt of, and has read a copy of, Landlord's rules and regulations, which are attached to and incorporated into this agreement by reference. Tenant understands that serious or repeated violations of the rules may be grounds for termination.
 
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The lease includes additional provisions

Additional Provisions

Additional provisions are as follows:

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Landlord will accept a cosigner

Cosigner Agreement

Cosigner agrees to be jointly and severally liable with Tenant for Tenant's obligations arising out of this lease, including but not limited to unpaid rent, property damage, and cleaning and repair costs. Cosigner further agrees that Landlord will have no obligation to give notice to Cosigner should Tenant fail to abide by the terms of the lease or rental agreement. Landlord may demand that Cosigner perform Tenant's obligations under this Agreement without first using Tenant's security deposit.
 

Keep Together

Entire Agreement, Modifications in Writing

This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant. 

Signature: ____________________________________________         Date: _______________
Address: 
Email: 
Phone: 
 
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one

Tenant Signature: _________________________________________         Date: ___________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________    

two

Tenant Signature: _________________________________________         Date: ___________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

three

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________
four

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

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Landlord will accept a cosigner
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one Cosigner's printed name: ____________________________________        

Signature: ____________________________________________         Date: ____________
Current address: ___________________________________________________________
Email: __________________________________________    Phone: (_____)___________

two

Cosigner's printed name: ____________________________________        

Signature: ____________________________________________         Date: ____________
Current address: ___________________________________________________________
Email: __________________________________________    Phone: (_____)___________

Cosigner's printed name: ____________________________________       

Signature: ____________________________________________         Date: ____________
Current address: ___________________________________________________________
Email: __________________________________________    Phone: (_____)___________

 

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