{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1204.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1204.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1204.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1204.html"}],"law_id":82906,"edition_id":1,"section_id":82906,"structure_id":15277,"section_number":"55.1-1204","catch_line":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","history":"1974, c. 680, \u00a7 55-248.7; 1977, c. 427; 1983, c. 39; 1988, c. 68; 2000, c. 760; 2003, c. 424; 2012, cc. 464, 503; 2013, c. 563; 2017, c. 730; 2019, cc. 5, 45, 712; 2020, cc. 985, 986, 998, 1231; 2021, Sp. Sess. I, c. 427; 2023, cc. 450, 679, 706; 2024, c. 831; 2025, cc. 554, 562, 627, 655.","full_text":"A\n\nA landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, charges for late payment of rent, the term of the agreement, automatic renewal of the rental agreement, requirements for notice of intent to vacate or terminate the rental agreement, and other provisions governing the rights and obligations of the parties.B\n\nA landlord shall offer a prospective tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord-tenant relationship and shall provide with it the statement of tenant rights and responsibilities developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139. The parties to a written rental agreement shall sign the form developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139 acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities. The written rental agreement shall be effective upon the date signed by the parties.\n\t\t\tIf a tenant fails to sign the form available pursuant to this subsection, the landlord shall record the date or dates on which he provided the form to the tenant and the fact that the tenant failed to sign such form. Subsequent to the effective date of the tenancy, a landlord may, but shall not be required to, provide a tenant with and allow such tenant an opportunity to sign the form described pursuant to this subsection. The form shall be current as of the date of delivery.C\n\nIf a landlord does not offer a written rental agreement, the tenancy shall exist by operation of law, consisting of the following terms and conditions:1\n\nThe provision of this chapter shall be applicable to the dwelling unit that is being rented;2\n\nThe 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 D of § 55.1-1253;3\n\nRent shall be paid in 12 equal periodic installments in an amount agreed upon by the landlord and the tenant and if no amount is agreed upon, the installments shall be at fair market rent;4\n\nRent payments shall be due on the first day of each month during the tenancy and shall be considered late if not paid by the fifth of the month;5\n\nIf the rent is paid by the tenant after the fifth day of any given month, the landlord shall be entitled to charge a late charge as provided in this chapter;6\n\nThe landlord may collect a security deposit in an amount that does not exceed a total amount equal to two months of rent; and7\n\nThe parties may enter into a written rental agreement at any time during the 12-month tenancy created by this subsection.D\n\nExcept as provided in the written rental agreement, or as provided in subsection C if no written agreement is offered, rent shall be payable without demand or notice at the time and place agreed upon by the parties. Except as provided in the written rental agreement, rent is payable at the place designated by the landlord, and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal installments at the beginning of each month. If the landlord receives from a tenant a written request for a written statement of charges and payments, he shall provide the tenant with a written statement showing all debits and credits over the tenancy or the past 12 months, whichever is shorter. The landlord shall provide such written statement within 10 business days of receiving the request.E\n\nA landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement. No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.F\n\nExcept as provided in the written rental agreement or, as provided in subsection C if no written agreement is offered, the tenancy shall be week-to-week in the case of a tenant who pays weekly rent and month-to-month in all other cases. Terminations of tenancies shall be governed by § 55.1-1253 unless the rental agreement provides for a different notice period.G\n\nIf the rental agreement contains any provision allowing the landlord to approve or disapprove a sublessee or assignee of the tenant, the landlord shall, within 10 business days of receipt of the written application of the prospective sublessee or assignee on a form to be provided by the landlord, approve or disapprove the sublessee or assignee. Failure of the landlord to act within 10 business days is evidence of his approval.H\n\nThe landlord shall provide a copy of the signed written rental agreement and the statement of tenant rights and responsibilities to the tenant within 10 business days of the effective date of the written rental agreement. The failure of the landlord to deliver such a rental agreement and statement shall not affect the validity of the agreement. However, the landlord shall not file or maintain an action, including any summons for unlawful detainer, against the tenant in a court of law for any alleged lease violation until he has provided the tenant with the statement of tenant rights and responsibilities.\n\t\t\tThe landlord shall provide the tenant with an additional hard copy of such tenant’s rental agreement once per year upon request or shall maintain such rental agreement in an electronic format that can be easily accessed by or shared with the tenant upon request. Any additional electronic copy of a tenant’s rental agreement provided pursuant to this subsection shall be provided by the landlord at no charge to the tenant.I\n\nNo unilateral change in the terms of a rental agreement by a landlord or tenant shall be valid unless (i) notice of the change is given in accordance with the terms of the rental agreement or as otherwise required by law and (ii) both parties consent in writing to the change.J\n\n1. The landlord shall provide the tenant with a written receipt, upon request from the tenant, whenever the tenant pays rent in the form of cash or money order. No landlord shall charge a tenant any fee for the collection or processing of any payment of rent, security deposit, or any other fees, unless the landlord offers an alternative method of payment that does not include additional fees.2\n\nA landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, shall not be required to accept payment of periodic rent and any security deposit by debit or credit card.K\n\nA landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth shall be required to provide written notice to any tenant who has the option to renew a rental agreement or whose rental agreement contains an automatic renewal provision of any increase in rent during the subsequent rental agreement term. Such landlord shall also provide written notice of nonrenewal to any tenant. Such notices shall be provided to the tenant no less than 60 days prior to the end of the rental agreement term. This subsection shall not apply to any periodic tenancy created pursuant to subsection C of § 55.1-1253.","order_by":null,"text":{"0":{"id":297149,"text":"A landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, charges for late payment of rent, the term of the agreement, automatic renewal of the rental agreement, requirements for notice of intent to vacate or terminate the rental agreement, and other provisions governing the rights and obligations of the parties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297150,"text":"A landlord shall offer a prospective tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord-tenant relationship and shall provide with it the statement of tenant rights and responsibilities developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139. The parties to a written rental agreement shall sign the form developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139 acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities. The written rental agreement shall be effective upon the date signed by the parties.\n\t\t\tIf a tenant fails to sign the form available pursuant to this subsection, the landlord shall record the date or dates on which he provided the form to the tenant and the fact that the tenant failed to sign such form. Subsequent to the effective date of the tenancy, a landlord may, but shall not be required to, provide a tenant with and allow such tenant an opportunity to sign the form described pursuant to this subsection. The form shall be current as of the date of delivery.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":297151,"text":"If a landlord does not offer a written rental agreement, the tenancy shall exist by operation of law, consisting of the following terms and conditions:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":297152,"text":"The provision of this chapter shall be applicable to the dwelling unit that is being rented;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":297153,"text":"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 D of § 55.1-1253;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":297154,"text":"Rent shall be paid in 12 equal periodic installments in an amount agreed upon by the landlord and the tenant and if no amount is agreed upon, the installments shall be at fair market rent;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":297155,"text":"Rent payments shall be due on the first day of each month during the tenancy and shall be considered late if not paid by the fifth of the month;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":297156,"text":"If the rent is paid by the tenant after the fifth day of any given month, the landlord shall be entitled to charge a late charge as provided in this chapter;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":297157,"text":"The landlord may collect a security deposit in an amount that does not exceed a total amount equal to two months of rent; and","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":297158,"text":"The parties may enter into a written rental agreement at any time during the 12-month tenancy created by this subsection.","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"D"},"10":{"id":297159,"text":"Except as provided in the written rental agreement, or as provided in subsection C if no written agreement is offered, rent shall be payable without demand or notice at the time and place agreed upon by the parties. Except as provided in the written rental agreement, rent is payable at the place designated by the landlord, and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal installments at the beginning of each month. If the landlord receives from a tenant a written request for a written statement of charges and payments, he shall provide the tenant with a written statement showing all debits and credits over the tenancy or the past 12 months, whichever is shorter. The landlord shall provide such written statement within 10 business days of receiving the request.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C7","next_prefix":"E"},"11":{"id":297160,"text":"A landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement. No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":297161,"text":"Except as provided in the written rental agreement or, as provided in subsection C if no written agreement is offered, the tenancy shall be week-to-week in the case of a tenant who pays weekly rent and month-to-month in all other cases. Terminations of tenancies shall be governed by § 55.1-1253 unless the rental agreement provides for a different notice period.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"13":{"id":297162,"text":"If the rental agreement contains any provision allowing the landlord to approve or disapprove a sublessee or assignee of the tenant, the landlord shall, within 10 business days of receipt of the written application of the prospective sublessee or assignee on a form to be provided by the landlord, approve or disapprove the sublessee or assignee. Failure of the landlord to act within 10 business days is evidence of his approval.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":297163,"text":"The landlord shall provide a copy of the signed written rental agreement and the statement of tenant rights and responsibilities to the tenant within 10 business days of the effective date of the written rental agreement. The failure of the landlord to deliver such a rental agreement and statement shall not affect the validity of the agreement. However, the landlord shall not file or maintain an action, including any summons for unlawful detainer, against the tenant in a court of law for any alleged lease violation until he has provided the tenant with the statement of tenant rights and responsibilities.\n\t\t\tThe landlord shall provide the tenant with an additional hard copy of such tenant’s rental agreement once per year upon request or shall maintain such rental agreement in an electronic format that can be easily accessed by or shared with the tenant upon request. Any additional electronic copy of a tenant’s rental agreement provided pursuant to this subsection shall be provided by the landlord at no charge to the tenant.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"15":{"id":297164,"text":"No unilateral change in the terms of a rental agreement by a landlord or tenant shall be valid unless (i) notice of the change is given in accordance with the terms of the rental agreement or as otherwise required by law and (ii) both parties consent in writing to the change.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"16":{"id":297165,"text":"1. The landlord shall provide the tenant with a written receipt, upon request from the tenant, whenever the tenant pays rent in the form of cash or money order. No landlord shall charge a tenant any fee for the collection or processing of any payment of rent, security deposit, or any other fees, unless the landlord offers an alternative method of payment that does not include additional fees.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"J2"},"17":{"id":297166,"text":"A landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, shall not be required to accept payment of periodic rent and any security deposit by debit or credit card.","type":"section","prefixes":["J","2"],"prefix":"2","entire_prefix":"J2","prefix_anchor":"J2","level":2,"prior_prefix":"J","next_prefix":"K"},"18":{"id":297167,"text":"A landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth shall be required to provide written notice to any tenant who has the option to renew a rental agreement or whose rental agreement contains an automatic renewal provision of any increase in rent during the subsequent rental agreement term. Such landlord shall also provide written notice of nonrenewal to any tenant. Such notices shall be provided to the tenant no less than 60 days prior to the end of the rental agreement term. This subsection shall not apply to any periodic tenancy created pursuant to subsection C of § 55.1-1253.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J2"}},"ancestry":[{"id":15277,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:53:32","date_modified":"2026-06-26 03:53:32","permalink":{"id":245887,"object_type":"structure","relational_id":15277,"identifier":"1","token":"55.1\/III\/12\/1","url":"\/55.1\/III\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61413,"structure_id":15277,"section_number":"55.1-1200","catch_line":"Definitions","url":"\/55.1-1200\/","token":"55.1\/III\/12\/1\/55.1-1200","metadata":false},{"id":83636,"structure_id":15277,"section_number":"55.1-1201","catch_line":"Applicability of chapter; local authority","url":"\/55.1-1201\/","token":"55.1\/III\/12\/1\/55.1-1201","metadata":false},{"id":69095,"structure_id":15277,"section_number":"55.1-1202","catch_line":"Notice","url":"\/55.1-1202\/","token":"55.1\/III\/12\/1\/55.1-1202","metadata":false},{"id":58146,"structure_id":15277,"section_number":"55.1-1203","catch_line":"Application; deposit, fee, and additional information","url":"\/55.1-1203\/","token":"55.1\/III\/12\/1\/55.1-1203","metadata":false},{"id":82906,"structure_id":15277,"section_number":"55.1-1204","catch_line":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","url":"\/55.1-1204\/","token":"55.1\/III\/12\/1\/55.1-1204","metadata":false},{"id":84327,"structure_id":15277,"section_number":"55.1-1204.1","catch_line":"Fee disclosure statement","url":"\/55.1-1204.1\/","token":"55.1\/III\/12\/1\/55.1-1204.1","metadata":false},{"id":62292,"structure_id":15277,"section_number":"55.1-1205","catch_line":"Prepaid rent; maintenance of escrow account","url":"\/55.1-1205\/","token":"55.1\/III\/12\/1\/55.1-1205","metadata":false},{"id":68710,"structure_id":15277,"section_number":"55.1-1206","catch_line":"Landlord may obtain certain insurance for tenant","url":"\/55.1-1206\/","token":"55.1\/III\/12\/1\/55.1-1206","metadata":false},{"id":60062,"structure_id":15277,"section_number":"55.1-1207","catch_line":"Effect of unsigned or undelivered rental agreement","url":"\/55.1-1207\/","token":"55.1\/III\/12\/1\/55.1-1207","metadata":false},{"id":64224,"structure_id":15277,"section_number":"55.1-1208","catch_line":"Prohibited provisions in rental agreements","url":"\/55.1-1208\/","token":"55.1\/III\/12\/1\/55.1-1208","metadata":false},{"id":67212,"structure_id":15277,"section_number":"55.1-1208.1","catch_line":"Rental agreements; 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local government fees","url":"\/55.1-1212\/","token":"55.1\/III\/12\/1\/55.1-1212","metadata":false},{"id":61504,"structure_id":15277,"section_number":"55.1-1213","catch_line":"Transfer of deposits upon purchase","url":"\/55.1-1213\/","token":"55.1\/III\/12\/1\/55.1-1213","metadata":false}],"previous_section":{"id":58146,"structure_id":15277,"section_number":"55.1-1203","catch_line":"Application; deposit, fee, and additional information","url":"\/55.1-1203\/","token":"55.1\/III\/12\/1\/55.1-1203","metadata":false},"next_section":{"id":84327,"structure_id":15277,"section_number":"55.1-1204.1","catch_line":"Fee disclosure statement","url":"\/55.1-1204.1\/","token":"55.1\/III\/12\/1\/55.1-1204.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1204\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 680 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 427; in 1983, chapter 39; in 1988, chapter 68; in 2000, chapter 760<\/a>; in 2003, chapter 424<\/a>; in 2012, chapters 464<\/a> and 503<\/a>; in 2013, chapter 563<\/a>; in 2017, chapter 730<\/a>; in 2019, chapters 5<\/a>, 45<\/a>, and 712<\/a>; in 2020, chapters 985<\/a>, 986<\/a>, 998<\/a>, and 1231<\/a>; in 2023, chapters 450<\/a>, 679<\/a>, and 706<\/a>; in 2024, chapter 831<\/a>; in 2025, chapters 554<\/a>, 562<\/a>, 627<\/a>, and 655<\/a>.<\/p>","references":[{"id":62273,"section_number":"36-139","catch_line":"Powers and duties of Director","order_by":null,"url":"\/36-139\/"},{"id":61089,"section_number":"55.1-1253","catch_line":"Periodic tenancy; holdover remedies","order_by":null,"url":"\/55.1-1253\/"},{"id":85946,"section_number":"55.1-1311","catch_line":"Other provisions of law applicable","order_by":null,"url":"\/55.1-1311\/"}],"refers_to":[{"id":62273,"section_number":"36-139","catch_line":"Powers and duties of Director","order_by":null,"url":"\/36-139\/"},{"id":61089,"section_number":"55.1-1253","catch_line":"Periodic tenancy; holdover remedies","order_by":null,"url":"\/55.1-1253\/"}],"permalink":{"id":245905,"object_type":"law","relational_id":82906,"identifier":"55.1-1204","token":"55.1\/III\/12\/1\/55.1-1204","url":"\/55.1-1204\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1204\/","token":"55.1\/III\/12\/1\/55.1-1204","dublin_core":{"Title":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1204","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A landlord<\/span> and tenant<\/span> may include in a rental agreement<\/span> terms and conditions not prohibited by this chapter or other rule of law<\/span>, including rent<\/span>, charges for late payment of rent<\/span>, the term of the agreement, automatic renewal of the rental agreement<\/span>, requirements for notice<\/span> of intent<\/span> to vacate or terminate the rental agreement<\/span>, and other provisions governing the rights and obligations of the parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A landlord<\/span> shall offer a prospective tenant<\/span> a written rental agreement<\/span> containing the terms governing the rental of the dwelling unit<\/span> and setting forth the terms and conditions of the landlord<\/span>-tenant<\/span> relationship and shall provide with it the statement of tenant<\/span> rights and responsibilities developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139<\/a>. The parties to a written rental agreement<\/span> shall sign the form developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139<\/a> acknowledging that the tenant<\/span> has received from the landlord<\/span> the statement of tenant<\/span> rights and responsibilities. The written rental agreement<\/span> shall be effective upon the date signed by the parties.\n\t\t\tIf a tenant<\/span> fails to sign the form available pursuant to this subsection, the landlord<\/span> shall record the date or dates on which he provided the form to the tenant<\/span> and the fact<\/span> that the tenant<\/span> failed to sign such form. Subsequent to the effective date of the tenancy, a landlord<\/span> may, but shall not be required to, provide a tenant<\/span> with and allow such tenant<\/span> an opportunity to sign the form described pursuant to this subsection. The form shall be current as of the date of delivery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a landlord<\/span> does not offer a written rental agreement<\/span>, the tenancy shall exist by operation of law<\/span>, consisting of the following terms and conditions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The provision of this chapter shall be applicable to the dwelling unit<\/span> that is being rented; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The duration of the rental agreement<\/span> 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 D of § 55.1-1253<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Rent<\/span> shall be paid in 12 equal periodic installments in an amount agreed upon by the landlord<\/span> and the tenant<\/span> and if no amount is agreed upon, the installments shall be at fair market rent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Rent<\/span> payments shall be due on the first day of each month during the tenancy and shall be considered late if not paid by the fifth of the month; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the rent<\/span> is paid by the tenant<\/span> after the fifth day of any given month, the landlord<\/span> shall be entitled to charge a late charge as provided in this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The landlord<\/span> may collect a security deposit<\/span> in an amount that does not exceed a total amount equal to two months of rent<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The parties may enter into a written rental agreement<\/span> at any time during the 12-month tenancy created by this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in the written rental agreement<\/span>, or as provided in subsection C if no written agreement is offered, rent<\/span> shall be payable without demand or notice<\/span> at the time and place agreed upon by the parties. Except as provided in the written rental agreement<\/span>, rent<\/span> is payable at the place designated by the landlord<\/span>, and periodic rent<\/span> is payable at the beginning of any term of one month or less and otherwise in equal installments at the beginning of each month. If the landlord<\/span> receives from a tenant<\/span> a written request for a written statement of charges and payments, he shall provide the tenant<\/span> with a written statement showing all debits and credits over the tenancy or the past 12 months, whichever is shorter. The landlord<\/span> shall provide such written statement within 10 business days of receiving the request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A landlord<\/span> shall not charge a tenant<\/span> for late payment of rent<\/span> unless such charge is provided for in the written rental agreement<\/span>. No such late charge shall exceed the lesser of 10 percent of the periodic rent<\/span> or 10 percent of the remaining balance due and owed by the tenant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Except as provided in the written rental agreement<\/span> or, as provided in subsection C if no written agreement is offered, the tenancy shall be week-to-week in the case of a tenant<\/span> who pays weekly rent<\/span> and month-to-month in all other cases. Terminations of tenancies shall be governed by § 55.1-1253<\/a> unless the rental agreement<\/span> provides for a different notice<\/span> period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the rental agreement<\/span> contains any provision allowing the landlord<\/span> to approve or disapprove a sublessee or assignee of the tenant<\/span>, the landlord<\/span> shall, within 10 business days of receipt of the written application of the prospective sublessee or assignee on a form to be provided by the landlord<\/span>, approve or disapprove the sublessee or assignee. Failure of the landlord<\/span> to act within 10 business days is evidence<\/span> of his approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The landlord<\/span> shall provide a copy of the signed written rental agreement<\/span> and the statement of tenant<\/span> rights and responsibilities to the tenant<\/span> within 10 business days of the effective date of the written rental agreement<\/span>. The failure of the landlord<\/span> to deliver such a rental agreement<\/span> and statement shall not affect the validity of the agreement. However, the landlord<\/span> shall not file or maintain an action<\/span>, including any summons<\/span> for unlawful detainer<\/span>, against the tenant<\/span> in a court<\/span> of law<\/span> for any alleged lease violation until he has provided the tenant<\/span> with the statement of tenant<\/span> rights and responsibilities.\n\t\t\tThe landlord<\/span> shall provide the tenant<\/span> with an additional hard copy of such tenant<\/span>’s rental agreement<\/span> once per year upon request or shall maintain such rental agreement<\/span> in an electronic format that can be easily accessed by or shared with the tenant<\/span> upon request. Any additional electronic copy of a tenant<\/span>’s rental agreement<\/span> provided pursuant to this subsection shall be provided by the landlord<\/span> at no charge to the tenant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> No unilateral change in the terms of a rental agreement<\/span> by a landlord<\/span> or tenant<\/span> shall be valid unless (i) notice<\/span> of the change is given in accordance with the terms of the rental agreement<\/span> or as otherwise required by law<\/span> and (ii) both parties consent in writing to the change. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> 1. The landlord<\/span> shall provide the tenant<\/span> with a written receipt, upon request from the tenant<\/span>, whenever the tenant<\/span> pays rent<\/span> in the form of cash or money order<\/span>. No landlord<\/span> shall charge a tenant<\/span> any fee for the collection or processing of any payment of rent<\/span>, security deposit<\/span>, or any other fees, unless the landlord<\/span> offers an alternative method of payment that does not include additional fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A landlord<\/span> with four or fewer rental dwelling units<\/span>, or up to a 10 percent interest in four or fewer rental dwelling units<\/span>, shall not be required to accept payment of periodic rent<\/span> and any security deposit<\/span> by debit or credit card. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> A landlord<\/span> who owns more than four rental dwelling units<\/span> or more than a 10 percent interest in more than four rental dwelling units<\/span>, whether individually or through a business entity, in the Commonwealth shall be required to provide written notice<\/span> to any tenant<\/span> who has the option to renew a rental agreement<\/span> or whose rental agreement<\/span> contains an automatic renewal provision of any increase in rent<\/span> during the subsequent rental agreement<\/span> term. Such landlord<\/span> shall also provide written notice<\/span> of nonrenewal to any tenant<\/span>. Such notices<\/span> shall be provided to the tenant<\/span> no less than 60 days prior to the end of the rental agreement<\/span> term. This subsection shall not apply to any periodic tenancy created pursuant to subsection C of § 55.1-1253<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTERMS AND CONDITIONS OF RENTAL AGREEMENT; PAYMENT OF RENT; COPY OF RENTAL\nAGREEMENT FOR TENANT (\u00a7 55.1-1204)\n\nA. A landlord and tenant may include in a rental agreement terms and conditions\nnot prohibited by this chapter or other rule of law, including rent, charges for\nlate payment of rent, the term of the agreement, automatic renewal of the rental\nagreement, requirements for notice of intent to vacate or terminate the rental\nagreement, and other provisions governing the rights and obligations of the\nparties.\n\nB. A landlord shall offer a prospective tenant a written rental agreement\ncontaining the terms governing the rental of the dwelling unit and setting forth\nthe terms and conditions of the landlord-tenant relationship and shall provide\nwith it the statement of tenant rights and responsibilities developed by the\nDepartment of Housing and Community Development and posted on its website\npursuant to § 36-139. The parties to a written rental agreement shall sign\nthe form developed by the Department of Housing and Community Development and\nposted on its website pursuant to § 36-139 acknowledging that the tenant\nhas received from the landlord the statement of tenant rights and\nresponsibilities. The written rental agreement shall be effective upon the date\nsigned by the parties.\n\t\t\tIf a tenant fails to sign the form available pursuant to this subsection, the\nlandlord shall record the date or dates on which he provided the form to the\ntenant and the fact that the tenant failed to sign such form. Subsequent to the\neffective date of the tenancy, a landlord may, but shall not be required to,\nprovide a tenant with and allow such tenant an opportunity to sign the form\ndescribed pursuant to this subsection. The form shall be current as of the date\nof delivery.\n\nC. If a landlord does not offer a written rental agreement, the tenancy shall\nexist by operation of law, consisting of the following terms and conditions:\n\n 1. The provision of this chapter shall be applicable to the dwelling unit that\n is being rented;\n\n 2. The duration of the rental agreement shall be for 12 months and shall not\n be subject to automatic renewal, except in the event of a month-to-month lease\n as otherwise provided for under subsection D of § 55.1-1253;\n\n 3. Rent shall be paid in 12 equal periodic installments in an amount agreed\n upon by the landlord and the tenant and if no amount is agreed upon, the\n installments shall be at fair market rent;\n\n 4. Rent payments shall be due on the first day of each month during the\n tenancy and shall be considered late if not paid by the fifth of the month;\n\n 5. If the rent is paid by the tenant after the fifth day of any given month,\n the landlord shall be entitled to charge a late charge as provided in this\n chapter;\n\n 6. The landlord may collect a security deposit in an amount that does not\n exceed a total amount equal to two months of rent; and\n\n 7. The parties may enter into a written rental agreement at any time during\n the 12-month tenancy created by this subsection.\n\nD. Except as provided in the written rental agreement, or as provided in\nsubsection C if no written agreement is offered, rent shall be payable without\ndemand or notice at the time and place agreed upon by the parties. Except as\nprovided in the written rental agreement, rent is payable at the place\ndesignated by the landlord, and periodic rent is payable at the beginning of any\nterm of one month or less and otherwise in equal installments at the beginning\nof each month. If the landlord receives from a tenant a written request for a\nwritten statement of charges and payments, he shall provide the tenant with a\nwritten statement showing all debits and credits over the tenancy or the past 12\nmonths, whichever is shorter. The landlord shall provide such written statement\nwithin 10 business days of receiving the request.\n\nE. A landlord shall not charge a tenant for late payment of rent unless such\ncharge is provided for in the written rental agreement. No such late charge\nshall exceed the lesser of 10 percent of the periodic rent or 10 percent of the\nremaining balance due and owed by the tenant.\n\nF. Except as provided in the written rental agreement or, as provided in\nsubsection C if no written agreement is offered, the tenancy shall be\nweek-to-week in the case of a tenant who pays weekly rent and month-to-month in\nall other cases. Terminations of tenancies shall be governed by § 55.1-1253\nunless the rental agreement provides for a different notice period.\n\nG. If the rental agreement contains any provision allowing the landlord to\napprove or disapprove a sublessee or assignee of the tenant, the landlord shall,\nwithin 10 business days of receipt of the written application of the prospective\nsublessee or assignee on a form to be provided by the landlord, approve or\ndisapprove the sublessee or assignee. Failure of the landlord to act within 10\nbusiness days is evidence of his approval.\n\nH. The landlord shall provide a copy of the signed written rental agreement and\nthe statement of tenant rights and responsibilities to the tenant within 10\nbusiness days of the effective date of the written rental agreement. The failure\nof the landlord to deliver such a rental agreement and statement shall not\naffect the validity of the agreement. However, the landlord shall not file or\nmaintain an action, including any summons for unlawful detainer, against the\ntenant in a court of law for any alleged lease violation until he has provided\nthe tenant with the statement of tenant rights and responsibilities.\n\t\t\tThe landlord shall provide the tenant with an additional hard copy of such\ntenant’s rental agreement once per year upon request or shall maintain\nsuch rental agreement in an electronic format that can be easily accessed by or\nshared with the tenant upon request. Any additional electronic copy of a\ntenant’s rental agreement provided pursuant to this subsection shall be\nprovided by the landlord at no charge to the tenant.\n\nI. No unilateral change in the terms of a rental agreement by a landlord or\ntenant shall be valid unless (i) notice of the change is given in accordance\nwith the terms of the rental agreement or as otherwise required by law and (ii)\nboth parties consent in writing to the change.\n\nJ. 1. The landlord shall provide the tenant with a written receipt, upon request\nfrom the tenant, whenever the tenant pays rent in the form of cash or money\norder. No landlord shall charge a tenant any fee for the collection or\nprocessing of any payment of rent, security deposit, or any other fees, unless\nthe landlord offers an alternative method of payment that does not include\nadditional fees.\n\n 2. A landlord with four or fewer rental dwelling units, or up to a 10 percent\n interest in four or fewer rental dwelling units, shall not be required to\n accept payment of periodic rent and any security deposit by debit or credit\n card.\n\nK. A landlord who owns more than four rental dwelling units or more than a 10\npercent interest in more than four rental dwelling units, whether individually\nor through a business entity, in the Commonwealth shall be required to provide\nwritten notice to any tenant who has the option to renew a rental agreement or\nwhose rental agreement contains an automatic renewal provision of any increase\nin rent during the subsequent rental agreement term. Such landlord shall also\nprovide written notice of nonrenewal to any tenant. Such notices shall be\nprovided to the tenant no less than 60 days prior to the end of the rental\nagreement term. This subsection shall not apply to any periodic tenancy created\npursuant to subsection C of § 55.1-1253.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.7; 1977, c. 427; 1983, c. 39; 1988, c. 68;\n2000, c. 760; 2003, c. 424; 2012, cc. 464, 503; 2013, c. 563; 2017, c. 730;\n2019, cc. 5, 45, 712; 2020, cc. 985, 986, 998, 1231; 2021, Sp. Sess. I, c. 427;\n2023, cc. 450, 679, 706; 2024, c. 831; 2025, cc. 554, 562, 627, 655.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}