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. Terms and conditions of rental arrangement; payment of rent; copy of rental arrangement for tenant

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§ 55.1-1204. Terms and conditions of rental agreement; payment of rent; copy of rental arrangement for renter.

A. A property manager and tenant might include in a rental contract terms not forbidden by this chapter or other guideline of law, including lease, charges for late payment of rent, the term of the contract, automatic renewal of the rental arrangement, requirements for notification of intent to vacate or end the rental agreement, and other provisions governing the rights and obligations of the celebrations.

B. A landlord will use a prospective renter a composed rental agreement including the terms governing the leasing of the residence unit and setting forth the conditions of the landlord-tenant relationship and shall provide with it the declaration of tenant rights and obligations developed by the Department of Housing and Community Development and published on its site pursuant to § 36-139. The parties to a composed 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 occupant has actually received from the property owner the statement of renter rights and obligations. The composed rental arrangement shall work upon the date signed by the celebrations.

If a tenant fails to sign the kind offered pursuant to this subsection, the landlord shall tape the date or dates on which he offered the type to the occupant and the fact that the occupant stopped working to sign such type. Subsequent to the reliable date of the tenancy, a landlord may, but will not be needed to, provide an occupant with and permit such tenant a chance to sign the type described pursuant to this subsection. The type shall be present as of the date of delivery.

C. If a proprietor does not offer a composed rental arrangement, the occupancy will exist by operation of law, consisting of the following terms:

1. The provision of this chapter will be relevant to the dwelling system that is being leased;

2. The duration of the rental arrangement shall be for 12 months and shall not undergo automated renewal, other than in the event of a month-to-month lease as otherwise provided for under subsection D of § 55.1-1253;

3. Rent shall be paid in 12 equivalent regular installments in an amount concurred upon by the property manager and the occupant and if no amount is agreed upon, the installments shall be at reasonable market lease;

4. Rent payments will be due on the very first day of every month throughout the tenancy 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 fifth day of any given month, the property owner will be entitled to charge a late charge as provided in this chapter;

6. The property owner may gather a security deposit in an amount that does not go beyond a total quantity equal to 2 months of rent; and

7. The parties might participate in a written rental agreement at any time during the 12-month tenancy created by this subsection.

D. Except as provided in the composed rental arrangement, or as provided in subsection C if no written agreement is offered, lease shall be payable without need or notification at the time and location concurred upon by the celebrations. Except as supplied in the composed rental contract, lease is payable at the place designated by the landlord, and regular rent is payable at the start of any regard to one month or less and otherwise in equivalent installments at the start of monthly. If the property manager gets from a tenant a written request for a composed statement of charges and payments, he will provide the tenant with a composed declaration revealing all debits and credits over the tenancy or the past 12 months, whichever is shorter. The proprietor shall supply such written declaration within 10 business days of receiving the request.

E. A property owner shall not charge a tenant for late payment of lease unless such charge is provided for in the composed rental arrangement. No such late charge shall surpass the lesser of 10 percent of the routine rent or 10 percent of the remaining balance due and owed by the tenant.

F. Except as supplied in the written rental arrangement or, as offered in subsection C if no written contract is offered, the tenancy shall be week-to-week in the case of a renter who pays weekly rent and month-to-month in all other cases. Terminations of tenancies will be governed by § 55.1-1253 unless the rental arrangement attends to a different notification duration.

G. If the rental agreement includes any arrangement enabling the proprietor to authorize or disapprove a sublessee or assignee of the occupant, the property owner shall, within 10 company days of invoice of the composed application of the potential sublessee or assignee on a kind to be provided by the landlord, approve or disapprove the sublessee or assignee. Failure of the property owner to act within 10 service days is evidence of his approval.

H. The property manager shall supply a copy of the signed written rental agreement and the statement of renter rights and responsibilities to the occupant within 10 business days of the effective date of the composed rental arrangement. The failure of the proprietor to deliver such a rental arrangement and declaration will not impact the validity of the contract. However, the property owner shall not submit or keep an action, including any summons for unlawful detainer, versus the tenant in a court of law for any supposed lease violation till he has actually offered the occupant with the statement of renter rights and duties.

The property owner shall provide the tenant with an additional paper copy of such occupant's rental arrangement as soon as annually upon request or shall maintain such rental agreement in an electronic format that can be quickly accessed by or shared with the renter upon demand. Any extra electronic copy of an occupant's rental arrangement provided pursuant to this subsection shall be provided by the property manager at no charge to the occupant.

I. No unilateral change in the regards to a rental arrangement by a property owner or tenant will stand unless (i) notice of the modification is given up accordance with the terms of the rental arrangement or as otherwise required by law and (ii) both parties permission in composing to the modification.

J. 1. The property owner will supply the tenant with a composed invoice, upon demand from the renter, whenever the renter pays rent in the type of money or cash order. No property manager will charge a tenant any charge for the collection or processing of any payment of rent, security deposit, or any other fees, unless the proprietor offers an alternative approach of payment that does not include additional costs.

2. A property manager with four or less rental dwelling units, or approximately a 10 percent interest in 4 or less rental home systems, will not be required to accept payment of regular lease and any security deposit by debit or charge card.

K. A property owner who owns more than 4 rental residence units or more than a 10 percent interest in more than 4 rental residence units, whether separately or through an organization entity, in the Commonwealth will be needed to offer written notice to any tenant who has the alternative to restore a rental arrangement or whose rental arrangement contains an automated renewal provision of any boost in lease during the subsequent rental agreement term. Such landlord shall also supply written notice of nonrenewal to any occupant. Such notices shall be offered to the renter no less than 60 days prior to completion of the rental agreement term. This subsection shall not use to any periodic occupancy developed 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.