Before You Sign a Lease in Virginia

Signing a lease is one of the most important steps in renting a home. The lease is a legal contract between you and your landlord. Once you both sign it, you are required to follow what it says.

This page walks you through what to check before you sign, what your landlord must tell you about the apartment, and what to do in some specific situations.

What should I check the lease for before I sign it? 

Read the lease carefully before you agree to anything. Pay attention to:

• How much rent is per month.
• Any other fees that will be charged.
• How much the security deposit is. A security deposit cannot be more than two months' rent.
• When rent is due and when it is considered late.
• How much the late fee is. It cannot be more than 10% of what you owe or 10% of one month's rent, whichever is less.
• How long the lease runs — month-to-month, six months, or more.
• What happens at the end of the lease. Some require you to move out, others become month-to-month, others automatically renew for another full term.
• How much notice you have to give before moving out at the end of the lease.
• Whether utilities like electricity, heat, and water are included in the rent.
• Whether a refrigerator, stove, or other appliances are provided.
• What you must do to request repairs or pest control treatment.
• Any other rules.

What is the Statement of Tenant Rights?

Along with the lease, your landlord must also give you a document called the Statement of Tenant Rights and Responsibilities. This explains all your rights and duties as a tenant.

You should usually get this and sign it at the same time as your lease. Both you and your landlord sign it to confirm you received it. 

What if the landlord never gives me the statement?

If your landlord does not give you the Statement of Tenant Rights and Responsibilities, they shouldn’t be able to start or continue an eviction case against you. If they do, visit Virginia Poverty Law Center’s Eviction Defense Center to learn how to ask the judge to throw out the case. 

What if I rent a lot for a mobile home?

If you own a mobile home but rent the land it sits on, your landlord should give you a different Statement. Read more about mobile homes.

What if there is no written lease? 

Your landlord is required to give you a written lease. To protect yourself, you should insist on a lease in writing. Do not rely on just a verbal agreement.

If the lease is not in writing, the law sets certain terms:

• You would be on a 12-month lease that does not renew automatically.
• Rent would be due monthly on the first of the month and late after the fifth.

What should I look for when viewing an apartment?

Before you rent, your landlord must tell you about certain conditions. They must tell you about:

• Any visible mold.
• The name and address of the owner or property manager.
• Whether the property is near a military air base noise zone or accident zone.
• Whether there is defective drywall.
• Whether the property was previously used to make methamphetamines.
• Any pending sale or foreclosure.

You also have the right to a move-in inspection.

Within five days of moving in, you and your landlord must complete a written inspection together. The landlord is responsible for this, but you should make sure it happens. Be sure the written inspection report says everything you notice that’s wrong or needs to be fixed. You have five days after that to object to anything in the report.

When you move out, tell the landlord you want to be present for the move-out inspection, too. That way you can object if they try to blame things on you that aren’t your fault. That should happen within three days of moving out.

Can my landlord refuse to rent to me because I have a Section 8 voucher?

If the landlord owns or partially owns five or more rental units, they can’t refuse to rent to you just because you are using a Section 8 Housing Choice Voucher or other voucher to pay rent. That is illegal housing discrimination in Virginia. 

Learn more about your rights against housing discrimination.

What if I have an old eviction on my record?

Some landlords don’t want to rent to people who have evictions on their record, or even eviction court cases that the judge threw out. They see them as risky tenants. That is why it’s best to try to fix disagreements before the landlord files a case in court.

If you have past eviction cases that were thrown out by the judge (dismissed) or withdrawn by the landlord, you can have the court remove those from your records. For eviction cases filed after July 1, 2024, the court will remove those records automatically. For older cases, the tenant must ask the court to remove the records by filing a form. You can ask the court clerk for a form DC-425 and file one for each case you want removed from your records.

How do I request a reasonable accommodation for a disability?

If you have a disability and you need the prospective landlord to make exceptions to their rules or policies, you can ask for what is called a reasonable accommodation. You can do this with a simple letter explaining that someone in your household has a disability and the rule or policy change you are asking for. 

Contact Housing Opportunities Made Equal of Virginia for more information about reasonable accommodations and help.