{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1208.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1208.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1208.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1208.html"}],"law_id":64224,"edition_id":1,"section_id":64224,"structure_id":15277,"section_number":"55.1-1208","catch_line":"Prohibited provisions in rental agreements","history":"1974, c. 680, \u00a7 55-248.9; 1977, c. 427; 1987, c. 473; 1991, c. 720; 2000, c. 760; 2002, c. 531; 2003, c. 905; 2016, c. 744; 2019, c. 712; 2020, c. 998; 2021, Sp. Sess. I, cc. 427, 477, 478; 2025, cc. 684, 688.","full_text":"A\n\nA rental agreement shall not contain provisions that the tenant:1\n\nAgrees to waive or forgo rights or remedies under this chapter;2\n\nAgrees to waive or forgo rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Virginia Condominium Act (§ 55.1-1900 et seq.) or the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.) or under § 55.1-1410;3\n\nAuthorizes any person to confess judgment on a claim arising out of the rental agreement;4\n\nAgrees to pay the landlord’s attorney fees except as provided in this chapter;5\n\nAgrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or any associated costs;6\n\nAgrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation;7\n\nAgrees to the payment of a security deposit, insurance premiums for damage insurance, and insurance premiums for renter’s insurance prior to the commencement of the tenancy that exceed the amount of two months’ periodic rent; or8\n\nAgrees to waive remedies or rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., prior to the occurrence of a dispute between landlord and tenant. Execution of leases shall not be contingent upon the execution of a waiver of rights under the Servicemembers Civil Relief Act; however, upon the occurrence of any dispute, the landlord and tenant may execute a waiver of such rights and remedies as to that dispute in order to facilitate a resolution.B\n\nAny provision prohibited by subsection A that is included in a rental agreement is unenforceable. If a landlord brings an action to enforce any such provision, the tenant may recover actual damages sustained by him and reasonable attorney fees.C\n\nIf the landlord is a public housing authority, the landlord shall not require a tenant to pay any fee for the maintenance or repair of any dwelling unit unless the repair is necessitated by the tenant’s action or omission.","order_by":null,"text":{"0":{"id":233809,"text":"A rental agreement shall not contain provisions that the tenant:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":233810,"text":"Agrees to waive or forgo rights or remedies under this chapter;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":233811,"text":"Agrees to waive or forgo rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Virginia Condominium Act (§ 55.1-1900 et seq.) or the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.) or under § 55.1-1410;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":233812,"text":"Authorizes any person to confess judgment on a claim arising out of the rental agreement;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":233813,"text":"Agrees to pay the landlord’s attorney fees except as provided in this chapter;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":233814,"text":"Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or any associated costs;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":233815,"text":"Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":233816,"text":"Agrees to the payment of a security deposit, insurance premiums for damage insurance, and insurance premiums for renter’s insurance prior to the commencement of the tenancy that exceed the amount of two months’ periodic rent; or","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":233817,"text":"Agrees to waive remedies or rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., prior to the occurrence of a dispute between landlord and tenant. Execution of leases shall not be contingent upon the execution of a waiver of rights under the Servicemembers Civil Relief Act; however, upon the occurrence of any dispute, the landlord and tenant may execute a waiver of such rights and remedies as to that dispute in order to facilitate a resolution.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":233818,"text":"Any provision prohibited by subsection A that is included in a rental agreement is unenforceable. If a landlord brings an action to enforce any such provision, the tenant may recover actual damages sustained by him and reasonable attorney fees.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"C"},"10":{"id":233819,"text":"If the landlord is a public housing authority, the landlord shall not require a tenant to pay any fee for the maintenance or repair of any dwelling unit unless the repair is necessitated by the tenant’s action or omission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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; child care","url":"\/55.1-1208.1\/","token":"55.1\/III\/12\/1\/55.1-1208.1","metadata":false},{"id":81763,"structure_id":15277,"section_number":"55.1-1209","catch_line":"Confidentiality of tenant records","url":"\/55.1-1209\/","token":"55.1\/III\/12\/1\/55.1-1209","metadata":false},{"id":67680,"structure_id":15277,"section_number":"55.1-1209.1","catch_line":"Employees of the landlord; rental dwelling unit keys and electronic key codes; policies and procedures","url":"\/55.1-1209.1\/","token":"55.1\/III\/12\/1\/55.1-1209.1","metadata":false},{"id":75393,"structure_id":15277,"section_number":"55.1-1210","catch_line":"Landlord and tenant remedies for abuse of access","url":"\/55.1-1210\/","token":"55.1\/III\/12\/1\/55.1-1210","metadata":false},{"id":65452,"structure_id":15277,"section_number":"55.1-1211","catch_line":"Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth","url":"\/55.1-1211\/","token":"55.1\/III\/12\/1\/55.1-1211","metadata":false},{"id":67894,"structure_id":15277,"section_number":"55.1-1212","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, and ratio utility billing systems; 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":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},"next_section":{"id":67212,"structure_id":15277,"section_number":"55.1-1208.1","catch_line":"Rental agreements; child care","url":"\/55.1-1208.1\/","token":"55.1\/III\/12\/1\/55.1-1208.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1208\/","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 10 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 1987, chapter 473; in 1991, chapter 720; in 2000, chapter 760<\/a>; in 2002, chapter 531<\/a>; in 2003, chapter 905<\/a>; in 2016, chapter 744<\/a>; in 2019, chapter 712<\/a>; in 2020, chapter 998<\/a>; in 2025, chapters 684<\/a> and 688<\/a>.<\/p>","references":[{"id":68710,"section_number":"55.1-1206","catch_line":"Landlord may obtain certain insurance for tenant","order_by":null,"url":"\/55.1-1206\/"},{"id":85946,"section_number":"55.1-1311","catch_line":"Other provisions of law applicable","order_by":null,"url":"\/55.1-1311\/"}],"refers_to":[{"id":62277,"section_number":"55.1-1410","catch_line":"Notice to terminate a tenancy in nonresidential rental property; notice of change in use of multifamily residential building","order_by":null,"url":"\/55.1-1410\/"},{"id":55215,"section_number":"55.1-1900","catch_line":"Definitions","order_by":null,"url":"\/55.1-1900\/"},{"id":58909,"section_number":"55.1-2100","catch_line":"Definitions","order_by":null,"url":"\/55.1-2100\/"}],"permalink":{"id":245925,"object_type":"law","relational_id":64224,"identifier":"55.1-1208","token":"55.1\/III\/12\/1\/55.1-1208","url":"\/55.1-1208\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1208\/","token":"55.1\/III\/12\/1\/55.1-1208","dublin_core":{"Title":"Prohibited provisions in rental agreements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1208","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A rental agreement<\/span> shall not contain provisions that the tenant<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Agrees to waive<\/span> or forgo rights or remedies under this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Agrees to waive<\/span> or forgo rights or remedies pertaining to the 120-day conversion or rehabilitation notice<\/span> required in the Virginia Condominium Act (§ 55.1-1900<\/a> et seq.) or the Virginia Real Estate Cooperative Act (§ 55.1-2100<\/a> et seq.) or under § 55.1-1410<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Authorizes any person<\/span> to confess judgment<\/span> on a claim arising out of the rental agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Agrees to pay the landlord<\/span>’s attorney fees except as provided in this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Agrees to the exculpation or limitation of any liability of the landlord<\/span> to the tenant<\/span> arising under law<\/span> or to indemnify the landlord<\/span> for that liability or any associated costs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession<\/span> of a firearm within individual dwelling units<\/span> unless required by federal law<\/span> or regulation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Agrees to the payment of a security deposit<\/span>, insurance premiums for damage insurance<\/span>, and insurance premiums for renter’s insurance prior to the commencement of the tenancy that exceed the amount of two months’ periodic rent<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Agrees to waive<\/span> remedies or rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., prior to the occurrence of a dispute between landlord<\/span> and tenant<\/span>. Execution of leases shall not be contingent upon the execution of a waiver<\/span> of rights under the Servicemembers Civil Relief Act; however, upon the occurrence of any dispute, the landlord<\/span> and tenant<\/span> may execute a waiver<\/span> of such rights and remedies as to that dispute in order<\/span> to facilitate a resolution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any provision prohibited by subsection A that is included in a rental agreement<\/span> is unenforceable. If a landlord<\/span> brings an action<\/span> to enforce any such provision, the tenant<\/span> may recover actual damages<\/span> sustained by him and reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the landlord<\/span> is a public housing authority, the landlord<\/span> shall not require a tenant<\/span> to pay any fee for the maintenance or repair of any dwelling unit<\/span> unless the repair is necessitated by the tenant<\/span>’s action<\/span> or omission. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED PROVISIONS IN RENTAL AGREEMENTS (\u00a7 55.1-1208)\n\nA. A rental agreement shall not contain provisions that the tenant:\n\n 1. Agrees to waive or forgo rights or remedies under this chapter;\n\n 2. Agrees to waive or forgo rights or remedies pertaining to the 120-day\n conversion or rehabilitation notice required in the Virginia Condominium Act\n (§ 55.1-1900 et seq.) or the Virginia Real Estate Cooperative Act (§\n 55.1-2100 et seq.) or under § 55.1-1410;\n\n 3. Authorizes any person to confess judgment on a claim arising out of the\n rental agreement;\n\n 4. Agrees to pay the landlord’s attorney fees except as provided in this\n chapter;\n\n 5. Agrees to the exculpation or limitation of any liability of the landlord to\n the tenant arising under law or to indemnify the landlord for that liability\n or any associated costs;\n\n 6. Agrees as a condition of tenancy in public housing to a prohibition or\n restriction of any lawful possession of a firearm within individual dwelling\n units unless required by federal law or regulation;\n\n 7. Agrees to the payment of a security deposit, insurance premiums for damage\n insurance, and insurance premiums for renter’s insurance prior to the\n commencement of the tenancy that exceed the amount of two months’\n periodic rent; or\n\n 8. Agrees to waive remedies or rights under the Servicemembers Civil Relief\n Act, 50 U.S.C. § 3901 et seq., prior to the occurrence of a dispute\n between landlord and tenant. Execution of leases shall not be contingent upon\n the execution of a waiver of rights under the Servicemembers Civil Relief Act;\n however, upon the occurrence of any dispute, the landlord and tenant may\n execute a waiver of such rights and remedies as to that dispute in order to\n facilitate a resolution.\n\nB. Any provision prohibited by subsection A that is included in a rental\nagreement is unenforceable. If a landlord brings an action to enforce any such\nprovision, the tenant may recover actual damages sustained by him and reasonable\nattorney fees.\n\nC. If the landlord is a public housing authority, the landlord shall not require\na tenant to pay any fee for the maintenance or repair of any dwelling unit\nunless the repair is necessitated by the tenant’s action or omission.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.9; 1977, c. 427; 1987, c. 473; 1991, c. 720;\n2000, c. 760; 2002, c. 531; 2003, c. 905; 2016, c. 744; 2019, c. 712; 2020, c.\n998; 2021, Sp. Sess. I, cc. 427, 477, 478; 2025, cc. 684, 688.","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}}