How to Write a Virginia Lease Agreement

Landlord/Tenant laws in Virginia have changed many times since the outbreak of the coronavirus pandemic, placing limitations and additional requirements on Landlords which are still difficult to navigate and interpret. Since these new laws have taken effect, our team has been working to stay up to date with them and advise landlords on how to move forward. 

It All Starts With a Well-Written Lease 

If you are a landlord offering a residential property to rent, then there are certain situations in which you are required to provide your tenant with a written lease, such as if the lease term is for more than a year or if you are renting a manufactured/mobile home lot (trailer park). 

Even if your rental agreement is not one that must be in writing, you should still provide your tenant with a written lease to protect your interests and to ensure that the terms or rules you want each side to abide by are laid out and enforceable. 

When a lease is not in writing, the lease can be difficult for the Landlord to enforce, and the parties are bound by the general terms listed in the Code of Virginia. For example, the Virginia Landlord and Residential Tenant Act provides that when a rental agreement is not in writing, “The duration of the rental agreement shall be for 12 months and shall not be subject to automatic renewal, except in the event of a month-to-month lease as otherwise provided for under subsection C of § 55.1-1253.” Therefore, if you want certain provisions to be in place that are different or more specific than those outlined in the Code, such as the lease term being a month-to-month or an automatically renewing annual lease, then you need to having it in writing. 

• Written rental agreements protect the parties by outlining certain provisions such as: 

• The beginning and end date of the lease, and if and how the term will renew 

• The names of the parties and the address of the property to be rented 

• The amount of rent to be paid and the due date 

• Which parties are responsible for different types of maintenance 

• How and where notices are to be sent 

The best way to ensure that your interests are protected in your lease is to have an attorney draft your lease or rental agreement. If you need a lease or rental agreement drafted, contact our office and we will be happy to help.