Legal Aspects of Month-to-Month Leases in Virginia

Lease Termination & Renewal

• Lessors and lessees can terminate a lease with 30 days’ notice.

• It must be a written notice, or in some cases, electronic, to constitute a proper notice.

• This lease will continue until one of the parties terminates it by giving the appropriate notice, so there are no specific renewal laws.

Rent Increases

• The landlord must provide 30 days’ notice when increasing the rent.

• There are no state-wide rent control laws. As such, there’s no limit on how much they can increase the rent.

• Virginia doesn’t prohibit local governments from implementing rent control laws.

Security Deposit

• A security deposit can’t be more than two months’ rent.

• Landlords can charge a pet security deposit, though not on people with service animals.

• At the end of the lease, the lessor has 45 days to return the security deposit. They should also provide an itemized list of deductions when refunding the deposit.

Tenant Rights

• Tenants have the right to live in a habitable rental unit and can request repairs for damages beyond regular wear and tear.

• Should the landlord not resolve the issue within a reasonable time, the lessee can terminate the agreement or claim it with a court of law.

Required Disclosures

This state has many disclosures, so carefully check them to ensure you’ve added all of the required information:

• Defective Drywall: Lessors must inform lessees if the rental unit has any defective drywall.

• Agent Information:The landlord must inform the tenant of the property’s managing agent’s name and address.

• Lead-Based Paint: Landlords must tell tenants about the possible presence of lead-based paint in buildings built before 1978.

• Military Air Installation: Tenants must receive a specific form if the rental unit is close to an airbase. It explains the possible noise level and risks of military accidents.

• Methamphetamine Disclosure: Tenants must know if the premises was previously used to manufacture meth. It includes knowing if it hasn’t been cleaned according to state guidelines.

• Move-in Inspection: The landlord requires a move-in inspection report within the first five days of the tenancy.

• Mold: During the move-in inspection, if the landlord sees mold, they must report it in the lease.

• Statement of Tenant Rights and Responsibilities: It’s an online statement that the lessor and lessee must sign and attach to the lease.

• Sale of Property/Demolition: The lessor must notify the tenant if they’re selling the property during the tenancy and provide the buyer’s information. The same goes if they’ll displace the tenant within six months due to demolition.

• Tourism Activity Zone: If the property is close to a tourism zone, lessors must inform the lessees about potential disturbances. It can be due to parades, events, and other tourism activities.