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Residential or commercial property and Conveyances” Subtitle III. Rental Conveyances” Chapter 12. Virginia Residential Landlord and Tenant Act” Article 1. General Provisions” § 55.1-1204. Conditions of rental arrangement; payment of lease; copy of rental arrangement for occupant

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§ 55.1-1204. Terms of rental arrangement; payment of lease; copy of rental contract for renter.

A. A proprietor and tenant might include in a rental contract terms not forbidden by this chapter or other rule of law, consisting of rent, charges for late payment of rent, the term of the contract, automatic renewal of the rental agreement, requirements for notification of intent to leave or end the rental arrangement, and other provisions governing the rights and responsibilities of the celebrations.

B. A property manager will offer a prospective renter a written rental contract containing the terms governing the leasing of the residence unit and stating the terms and conditions of the landlord-tenant relationship and will supply with it the statement of tenant rights and responsibilities developed by the Department of Housing and Community Development and published on its website pursuant to § 36-139. The parties to a composed rental agreement will sign the form developed by the Department of Housing and Community Development and published on its website pursuant to § 36-139 acknowledging that the occupant has actually gotten from the property manager the declaration of tenant rights and responsibilities. The written rental agreement will work upon the date signed by the parties.

If an occupant fails to sign the type readily available pursuant to this subsection, the property manager will record the date or dates on which he provided the kind to the tenant and the fact that the occupant failed to sign such type. Subsequent to the efficient date of the occupancy, a property owner may, but will not be needed to, offer a renter with and enable such occupant a chance to sign the type explained pursuant to this subsection. The form shall be current as of the date of delivery.

C. If a property manager does not provide a written rental contract, the tenancy will exist by operation of law, including the following conditions:

1. The provision of this chapter shall be suitable to the residence system that is being rented;

2. The period of the rental agreement shall be for 12 months and shall not go through automated renewal, other than in case of a month-to-month lease as otherwise offered under subsection D of § 55.1-1253;

3. Rent will be paid in 12 equivalent periodic installments in an amount concurred upon by the landlord and the tenant and if no quantity is concurred upon, the installations will be at reasonable market rent;

4. Rent payments shall be due on the very first day of each month throughout the occupancy and shall be thought about late if not paid by the fifth of the month;

5. If the lease is paid by the tenant after the 5th day of any provided month, the property manager will be entitled to charge a late charge as provided in this chapter;

6. The landlord may gather a down payment in an amount that does not exceed an overall quantity equal to 2 months of lease; and

7. The celebrations might participate in a composed rental arrangement at any time during the 12-month tenancy produced by this subsection.

D. Except as supplied in the written rental agreement, or as provided in subsection C if no written contract is offered, lease shall be payable without demand or notice at the time and location concurred upon by the parties. Except as provided in the composed rental arrangement, rent is payable at the location designated by the landlord, and periodic lease is payable at the start of any term of one month or less and otherwise in equivalent installations at the beginning of every month. If the landlord receives from a renter a written ask for a composed statement of charges and payments, he will offer the renter with a written statement showing all debits and credits over the tenancy or the previous 12 months, whichever is much shorter. The property owner shall provide such written statement within 10 organization days of receiving the request.

E. A landlord shall not charge a renter for late payment of rent unless such charge is offered for in the composed rental contract. No such late charge will exceed the lower of 10 percent of the routine rent or 10 percent of the staying balance due and owed by the tenant.

F. Except as offered in the composed rental contract or, as offered in subsection C if no written agreement is offered, the occupancy shall be week-to-week when it comes to an occupant who pays weekly lease and month-to-month in all other cases. Terminations of occupancies shall be governed by § 55.1-1253 unless the rental arrangement supplies for a various notification duration.

G. If the rental arrangement contains any provision permitting the proprietor to authorize or disapprove a sublessee or assignee of the tenant, the proprietor shall, within 10 service days of invoice of the composed application of the potential sublessee or assignee on a type to be provided by the proprietor, approve or disapprove the sublessee or assignee. Failure of the property owner to act within 10 organization days is proof of his approval.

H. The property manager shall provide a copy of the signed written rental arrangement and the declaration of occupant rights and obligations to the tenant within 10 company days of the efficient date of the written rental arrangement. The failure of the proprietor to deliver such a rental contract and declaration will not affect the validity of the agreement. However, the proprietor shall not submit or preserve an action, consisting of any summons for illegal detainer, against the occupant in a court of law for any supposed lease violation until he has actually supplied the occupant with the declaration of occupant rights and responsibilities.

The landlord shall provide the tenant with an extra paper copy of such occupant’s rental arrangement as soon as annually upon request or will maintain such rental agreement in an electronic format that can be quickly accessed by or shared with the tenant upon request. Any extra electronic copy of an occupant’s rental contract supplied pursuant to this subsection shall be supplied by the proprietor at no charge to the occupant.

I. No unilateral modification in the terms of a rental arrangement by a property manager or occupant shall be legitimate unless (i) notice of the modification is offered in accordance with the regards to the rental agreement or as otherwise needed by law and (ii) both celebrations approval in writing to the change.

J. 1. The landlord shall supply the tenant with a written invoice, upon request from the renter, whenever the occupant pays lease in the type of cash or money order. No property owner will charge a renter any charge for the collection or processing of any payment of rent, security deposit, or any other charges, unless the landlord provides an alternative technique of payment that does not consist of additional fees.

2. A property manager with four or fewer rental house systems, or up to a 10 percent interest in four or less rental home systems, will not be needed to accept payment of routine lease and any down payment by debit or credit card.

K. A property owner who owns more than 4 rental residence systems or more than a 10 percent interest in more than 4 rental home systems, whether separately or through an organization entity, in the Commonwealth will be required to offer written notice to any renter who has the option to renew a rental agreement or whose rental agreement contains an automatic renewal arrangement of any boost in lease during the subsequent rental arrangement term. Such property shall also offer written notification of nonrenewal to any occupant. Such notifications will be provided to the renter no less than 60 days prior to the end of the rental agreement term. This subsection shall not apply to any routine tenancy created pursuant to subsection C of § 55.1-1253.

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.