RESIDENTIAL LEASE AGREEMENT

(Virginia – Governed by the Virginia Residential Landlord and Tenant Act, Va. Code Ann. Title 55.1, Ch. 12)

[// GUIDANCE: This template is designed for immediate attorney review and client customization. Confirm all bracketed placeholders, statutory references, and optional provisions before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Premises, Term & Possession
   3.2 Rent & Payment Terms
   3.3 Security Deposit
   3.4 Use & Occupancy Restrictions
   3.5 Habitability; Landlord Obligations
   3.6 Tenant Obligations & Maintenance
   3.7 Utilities & Services
   3.8 Entry, Inspection & Repairs
   3.9 Insurance Requirements
   3.10 Alterations & Improvements
   3.11 Pets
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

RESIDENTIAL LEASE AGREEMENT (this “Agreement”) made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [ENTITY TYPE/INDIVIDUAL], whose address is [LANDLORD NOTICE ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME], [ADDITIONAL TENANTS, IF ANY], residing at [TENANT NOTICE ADDRESS] (“Tenant”).

Recitals
A. Landlord is the fee-simple owner of the residential property commonly known as [STREET ADDRESS, CITY, VA ZIP], further described as [LEGAL DESCRIPTION OR TAX MAP #] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord agrees to lease the same to Tenant, all upon the terms and conditions set forth herein and in accordance with the Virginia Residential Landlord and Tenant Act, Va. Code Ann. §§ 55.1-1200 et seq. (the “Act”).

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

2. DEFINITIONS

For ease of reference, the following terms have the meanings set out below. Defined terms may be used in the singular or plural, and pronouns shall be deemed to include the masculine, feminine, and neuter, as the context requires.

“Act” – the Virginia Residential Landlord and Tenant Act, Va. Code Ann. §§ 55.1-1200 et seq., as amended.
“Business Day” – any day other than Saturday, Sunday, or a Virginia state holiday.
“Commencement Date” – [COMMENCEMENT DATE].
“Expiration Date” – [EXPIRATION DATE], unless sooner terminated in accordance with this Agreement.
“Hazardous Materials” – any substance defined, designated, or classified as hazardous, toxic, or a pollutant under federal, state, or local environmental laws.
“Rent” – collectively, Base Rent, Additional Rent, and any other sums due under this Agreement.
“Security Deposit” – the deposit described in Section 3.3.

[// GUIDANCE: Add or delete defined terms to match customized provisions.]

3. OPERATIVE PROVISIONS

3.1 Premises, Term & Possession

(a) Lease of Premises. Landlord hereby leases the Premises to Tenant, together with the right to use any common areas, parking, and appurtenant facilities.
(b) Term. The lease term (the “Term”) shall commence on the Commencement Date and expire on the Expiration Date, unless terminated earlier pursuant to this Agreement or the Act.
(c) Possession. Landlord shall deliver exclusive possession of the Premises to Tenant on the Commencement Date in compliance with Section 3.5 and the Act.

3.2 Rent & Payment Terms

(a) Base Rent. Tenant shall pay monthly base rent of $[AMOUNT] (“Base Rent”) in advance, without demand or offset, on or before the [DAY] day of each calendar month.
(b) Manner of Payment. All Rent shall be paid by [METHODS ACCEPTED – e.g., check, ACH, online portal] to [PAYEE NAME] at [PAYEE ADDRESS OR PORTAL] or at such other place as Landlord designates in writing.
(c) Late Charges & Interest. If any installment of Rent is not received by the [GRACE PERIOD] day after due, Tenant shall pay a late fee of [$/%], not to exceed the limits imposed by Va. Code Ann. § 55.1-1250, plus interest at [RATE]% per annum from the due date until paid.
(d) Returned Checks. Tenant shall pay $[FEE] for any check dishonored for insufficient funds, plus any bank charges incurred.

3.3 Security Deposit

(a) Amount; Maximum. Concurrently with execution, Tenant shall deposit $[AMOUNT] with Landlord as a security deposit (“Security Deposit”), not exceeding two (2) months’ periodic Rent, in compliance with Va. Code Ann. § 55.1-1226(A).
(b) Escrow & Interest. Landlord shall hold the Security Deposit in a federally insured depository and, if the tenancy exceeds thirteen (13) months, shall pay simple interest as required by § 55.1-1226(E).
(c) Permitted Deductions. Upon termination of tenancy, Landlord may apply the Security Deposit to unpaid Rent, damages beyond ordinary wear and tear, late fees, and other recoverable charges enumerated in § 55.1-1226.
(d) Accounting & Return. Within forty-five (45) days after Tenant vacates and surrenders possession, Landlord shall provide an itemized written statement of deductions and refund any balance in accordance with § 55.1-1226(D).
(e) Assignment of Deposit. In the event of transfer of the Premises, Landlord may transfer the Security Deposit to the successor landlord, who shall assume all obligations pursuant to § 55.1-1216.

[// GUIDANCE: Substitute escrow account particulars as needed.]

3.4 Use & Occupancy Restrictions

(a) Permitted Use. The Premises shall be used solely for private residential purposes by Tenant and [APPROVED OCCUPANTS] and for no other purpose without Landlord’s prior written consent.
(b) Prohibited Conduct. Tenant shall not:
1. Conduct commercial activities;
2. Permit illegal drugs or controlled substances;
3. Store Hazardous Materials; or
4. Create a nuisance or disturb other residents’ peaceful enjoyment.
(c) Compliance with Laws. Tenant shall comply with all applicable federal, state, and local laws, ordinances, and housing codes.

3.5 Habitability; Landlord Obligations

(a) Duty of Maintenance. Landlord shall:
1. Deliver and maintain the Premises in a fit and habitable condition per Va. Code Ann. § 55.1-1220;
2. Comply with applicable building and housing codes materially affecting health and safety;
3. Provide and maintain essential services (including heat, running water, hot water, electric, and sanitary plumbing);
4. Maintain in good, safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and appliances supplied by Landlord; and
5. Keep common areas clean and in safe condition.
(b) Failure to Supply Essential Services. If Landlord willfully or negligently fails to supply essential services, Tenant’s remedies shall be as set forth in § 55.1-1239, subject to required notice and cure periods.

3.6 Tenant Obligations & Maintenance

Tenant shall:
(a) Keep the Premises clean and safe;
(b) Dispose of all waste in a clean and safe manner;
(c) Keep all plumbing fixtures sanitary;
(d) Use electrical, plumbing, and appliances properly;
(e) Not deliberately or negligently destroy, damage, or remove any part of the Premises;
(f) Promptly notify Landlord in writing of any condition that requires repair to comply with § 55.1-1221.

3.7 Utilities & Services

Tenant is responsible for payment of the following utilities and services: [LIST UTILITIES]. Landlord shall be responsible for [LIST UTILITIES, IF ANY]. Tenant’s failure to establish or maintain utility service constitues a material default.

3.8 Entry, Inspection & Repairs

Landlord may enter the Premises to inspect, make necessary repairs, supply services, or show to prospective purchasers or tenants upon giving at least twenty-four (24) hours’ notice and only at reasonable times, except in emergencies, consistent with § 55.1-1229. Tenant shall not unreasonably withhold consent to such access.

3.9 Insurance Requirements

(a) Tenant Insurance. Tenant shall, at Tenant’s cost, maintain renter’s liability insurance with minimum limits of $[MIN LIMIT] per occurrence, naming Landlord as an additional insured.
(b) Waiver of Subrogation. To the extent permitted, the parties waive all rights of recovery against each other for losses covered by insurance.

3.10 Alterations & Improvements

Tenant shall not make any alterations, improvements, or additions without Landlord’s prior written consent. All permitted improvements shall become Landlord’s property upon installation unless otherwise agreed.

3.11 Pets

[ ] Pets are prohibited.
[ ] Pets are permitted subject to the Pet Addendum attached hereto as Exhibit [LETTER] and payment of a non-refundable pet fee of $[AMOUNT].

[// GUIDANCE: Check one box and delete the other.]

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full authority and capacity to enter into this Agreement and to perform its obligations hereunder.

4.2 Landlord’s Limited Warranties. Landlord warrants that:
(a) Landlord is the lawful owner of the Premises and has the right to lease the same;
(b) The Premises are, as of the Commencement Date, in compliance with the Act and applicable codes.

4.3 Disclaimer of Other Warranties. Except as expressly stated, Landlord makes no other warranties, express or implied, including warranties of habitability beyond those mandated by the Act.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant covenants to:
(a) Perform all obligations set forth in Section 3.6 and the Act;
(b) Deliver possession of the Premises to Landlord broom-clean and free of Tenant’s personal property upon termination;
(c) Refrain from assigning this Lease or subletting the Premises without Landlord’s prior written consent.

5.2 Landlord Covenants. Landlord covenants to:
(a) Respect Tenant’s right of quiet enjoyment;
(b) Provide statutory notice of transfer of ownership;
(c) Maintain insurance customary for similarly situated rental properties.

6. DEFAULT & REMEDIES

6.1 Events of Tenant Default. The following constitute a default by Tenant:
(a) Failure to pay Rent when due and continuing five (5) days after written notice (“Pay or Quit”) pursuant to Va. Code Ann. § 55.1-1245(F);
(b) Breach of any material covenant herein and failure to cure within thirty (30) days after written notice (or such shorter cure periods as provided by law);
(c) Illegal drug or criminal activity on the Premises;
(d) Abandonment (absence for > [14] days with unpaid Rent and removal of substantial personal property).

6.2 Landlord Remedies. Upon default, Landlord may:
(a) Terminate this Agreement by written notice and file an unlawful detainer action in the Virginia General District Court having jurisdiction over the Premises;
(b) Accelerate and recover all unpaid Rent due through the Expiration Date subject to the duty to mitigate;
(c) Apply the Security Deposit against amounts due;
(d) Recover attorney fees, court costs, and damages as authorized by § 55.1-1245(H).

6.3 Events of Landlord Default & Tenant Remedies. If Landlord fails to comply with Section 3.5 and such failure materially affects health or safety, Tenant may provide written notice specifying the breach and, if not cured within twenty-one (21) days, may terminate this Agreement or seek other remedies under § 55.1-1244.

6.4 Cumulative Remedies. All rights and remedies are cumulative and non-exclusive, except as limited by the Act.

7. RISK ALLOCATION

7.1 Indemnification by Tenant. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any claims, liabilities, damages, or expenses (including reasonable attorney fees) arising out of (a) Tenant’s use or occupancy of the Premises, (b) the acts or omissions of Tenant or Tenant’s invitees, or (c) Tenant’s breach of this Agreement, except to the extent caused by Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Landlord Liability. Landlord’s aggregate liability for claims arising under this Agreement shall not exceed the amount of the Security Deposit, except for (a) personal injury or property damage caused by Landlord’s gross negligence or willful misconduct, or (b) obligations expressly imposed by the Act that cannot be waived.

7.3 Force Majeure. Neither party shall be liable for failure to perform caused by events beyond its reasonable control (e.g., acts of God, war, terrorism, natural disasters), provided that the affected party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

8.2 Forum Selection. Each party irrevocably submits to the exclusive jurisdiction of the state courts located in the county or city where the Premises are situated, including the General District Court or Circuit Court housing division, for any unlawful detainer or other action arising out of this Agreement.

8.3 Arbitration. The parties expressly agree that binding arbitration is excluded.

8.4 Jury Trial. Each party acknowledges its constitutional right to a trial by jury and does not waive such right.

8.5 Injunctive Relief. Nothing herein shall limit a party’s right to seek preliminary or permanent injunctive relief, including but not limited to immediate possession in an unlawful detainer proceeding.

9. GENERAL PROVISIONS

9.1 Notices. All notices shall be in writing and delivered (a) by hand with signed receipt, (b) by certified mail, return receipt requested, (c) by nationally recognized overnight courier, or (d) as otherwise permitted under § 55.1-1202, to the addresses stated in the Document Header (or as updated by notice). Notice is effective upon the earlier of actual receipt or refusal of delivery.

9.2 Assignment & Subletting. Tenant shall not assign or sublet without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion. Any unauthorized assignment is void and constitutes a material default.

9.3 Amendments & Waivers. No amendment or waiver is effective unless in writing and signed by the party against whom enforcement is sought. A waiver on one occasion is not a waiver of any future breach.

9.4 Successors & Assigns. This Agreement binds and inures to the benefit of the parties and their respective successors and permitted assigns.

9.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be interpreted to effectuate its intent to the greatest extent permitted by law.

9.6 Integration. This Agreement, including any addenda and exhibits, constitutes the entire agreement between the parties with respect to the Premises and supersedes all prior negotiations and understandings.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which is deemed an original. Electronic signatures and scanned PDF signatures are deemed originals and enforceable per Va. Code Ann. § 59.1-485 et seq. (Uniform Electronic Transactions Act).

9.8 Time of Essence. Time is of the essence for all obligations herein.

9.9 Interpretation. Headings are for convenience only and shall not affect interpretation. The parties acknowledge that each has had the opportunity to review this Agreement with counsel, and no presumption against the drafter shall apply.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties hereto have executed this Residential Lease Agreement as of the Effective Date.

LANDLORD:

[LANDLORD NAME]
Title (if entity): _____
Date: _________

TENANT(S):

[TENANT NAME]
Date: _________

[Add signature lines for additional Tenants if applicable]

NOTARY ACKNOWLEDGMENT (if desired or required for recordation)
Commonwealth of Virginia, City/County of ____ to-wit:
Subscribed and sworn before me on this ___ day of _, 20_, by ____.

Notary Public
My commission expires: ___
Notary Registration Number: __

OPTIONAL ADDENDA (Check all that apply and attach)

[ ] Lead-Based Paint Disclosure (pre-1978 homes)
[ ] Move-In/Move-Out Inspection Report
[ ] Pet Addendum
[ ] Rules & Regulations
[ ] Guarantee or Co-Signer Addendum
[ ] Mold Disclosure
[ ] Military Clause Addendum

[// GUIDANCE: Virginia law mandates a Move-In inspection form be offered to Tenant per § 55.1-1214. Include any federally required disclosures such as Lead-Based Paint for properties built before 1978.]