                                 CODE OF VIRGINIA

TERMS AND CONDITIONS OF RENTAL AGREEMENT; PAYMENT OF RENT; COPY OF RENTAL
AGREEMENT FOR TENANT (§ 55.1-1204)

A. 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.

B. 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 &#xA7; 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 &#xA7; 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.
			If 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. 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:

   1. The provision of this chapter shall be applicable to the dwelling unit that
   is being rented;

   2. 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 &#xA7; 55.1-1253;

   3. 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;

   4. 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;

   5. 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;

   6. The landlord may collect a security deposit in an amount that does not
   exceed a total amount equal to two months of rent; and

   7. The parties may enter into a written rental agreement at any time during
   the 12-month tenancy created by this subsection.

D. 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.

E. 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.

F. 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 &#xA7; 55.1-1253
unless the rental agreement provides for a different notice period.

G. 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.

H. 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.
			The landlord shall provide the tenant with an additional hard copy of such
tenant&#8217;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&#8217;s rental agreement provided pursuant to this subsection shall be
provided by the landlord at no charge to the tenant.

I. 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.

J. 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.

   2. 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.

K. 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 &#xA7; 55.1-1253.

HISTORY: 1974, c. 680, § 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.