Virginia Residential Lease Agreement

Move-in inspection report (5 days)

Within 5 days after occupancy, the landlord (or landlord and tenant together) must produce a written report itemizing existing damage. It is deemed correct unless the tenant objects in writing within 5 days of receiving it — the baseline that protects the deposit at move-out.

Source: Va. Code §55.1-1214

Mold disclosure in the move-in report

The move-in report must disclose any visible evidence of mold in readily accessible areas. If it states there is none and the tenant does not object in writing, the statement is deemed correct; if mold is noted, the tenant may terminate or the landlord must remediate.

Source: Va. Code §55.1-1215

Military air installation noise/accident zone

If the property is in a noise zone or accident potential zone designated on the locality’s official zoning map, that must be disclosed before the tenant signs the lease.

Source: Va. Code §55.1-1217

Defective (Chinese) drywall

A landlord with actual knowledge that the unit contains defective drywall must disclose it to prospective tenants before the lease; nondisclosure lets the tenant terminate within a statutory window.

Source: Va. Code §55.1-1218

Lead-based paint (federal, pre-1978 buildings)

For housing built before 1978: disclose known lead-based paint hazards, provide the EPA pamphlet "Protect Your Family From Lead in Your Home," and include the federal lead warning language.

Source: 42 U.S.C. §4852d

How much security deposit can a landlord charge in Virginia?

In Virginia, the security deposit is limited to 2 months' rent, and it must be returned within 45 days after move-out (as of 2026). Source: Va. Code §55.1-1226. Confirm the current rule before you sign.

Is this lease valid in Virginia?

A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Virginia once both sides sign. What it cannot do is contract around Virginia law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.

How much notice must a landlord give before entering a rental in Virginia?

Virginia requires at least 72 hours' notice for a non-emergency entry. Source: Va. Code § 55.1-1229(A) (amended through 2024, c. 46).

Can a landlord charge late fees in Virginia?

Only if provided in written rental agreement; late charge may not exceed the lesser of 10% of periodic rent or 10% of remaining balance due Source: Va. Code § 55.1-1204(E) (amended through 2026, c. 1066).

Can a tenant repair and deduct rent in Virginia?

Allowed via third-party licensed contractor or pesticide business after notice; recovery capped at the greater of one month's rent or $1,500 Source: Va. Code § 55.1-1244.1 (2020, c. 1020).

What does a landlord have to disclose in Virginia?

Under Virginia law: Move-in inspection report (5 days) (Va. Code §55.1-1214); Mold disclosure in the move-in report (Va. Code §55.1-1215); Military air installation noise/accident zone (Va. Code §55.1-1217); Defective (Chinese) drywall (Va. Code §55.1-1218); Lead-based paint (federal, pre-1978 buildings) (42 U.S.C. §4852d). Federal and local rules can add more; each item on this page links to the law it comes from.