                                 CODE OF VIRGINIA

PROHIBITED PROVISIONS IN RENTAL AGREEMENTS (§ 55.1-1208)

A. A rental agreement shall not contain provisions that the tenant:

   1. Agrees to waive or forgo rights or remedies under this chapter;

   2. Agrees to waive or forgo rights or remedies pertaining to the 120-day
   conversion or rehabilitation notice required in the Virginia Condominium Act
   (&#xA7; 55.1-1900 et seq.) or the Virginia Real Estate Cooperative Act (&#xA7;
   55.1-2100 et seq.) or under &#xA7; 55.1-1410;

   3. Authorizes any person to confess judgment on a claim arising out of the
   rental agreement;

   4. Agrees to pay the landlord&#8217;s attorney fees except as provided in this
   chapter;

   5. 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;

   6. 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;

   7. Agrees to the payment of a security deposit, insurance premiums for damage
   insurance, and insurance premiums for renter&#8217;s insurance prior to the
   commencement of the tenancy that exceed the amount of two months&#8217;
   periodic rent; or

   8. Agrees to waive remedies or rights under the Servicemembers Civil Relief
   Act, 50 U.S.C. &#xA7; 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. 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.

C. 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&#8217;s action or omission.

HISTORY: 1974, c. 680, § 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.