Virginia Law

A. A landlord shall offer all current and prospective year-round residents a rental agreement with a rental period of not less than one year. Such offer shall contain the same terms and conditions as are offered with shorter term leases, except that rental discounts may be offered by a landlord to residents who enter into a rental agreement for a period of not less than one year.

B. A landlord shall provide, beginning on the first page of the written lot rental agreement, an itemization of all charges to the tenant that comprise (i) the security deposit, (ii) the amount of rent due per payment period pursuant to the rental agreement period, and (iii) any additional one-time charges due prior to the commencement date of the rental agreement or that will be included in the first rental payment. Immediately above the itemized list of charges, the written lot rental agreement shall state: "No additional security deposits or rent shall be charged unless such security deposits or rent are listed below or incorporated into this rental agreement by way of a separate addendum after the execution of this rental agreement." If the landlord attempts to collect from the tenant any charge, fee, or deposit not listed in the itemization required by this subsection or in a separate valid written contract signed by the landlord and the tenant, the tenant may recover from the landlord actual damages, statutory damages of $500 per occurrence, and reasonable attorney fees.

C. Upon the expiration of a rental agreement with a term of one year or more, the agreement shall be automatically renewed for a term of the same duration with the same terms unless the tenant provides written notification to the landlord of an intent to not renew the agreement at least 60 days prior to the expiration date or the landlord provides written notice to the tenant of any change in the terms of the agreement at least 60 days prior to the expiration date. If the tenant notifies the landlord in writing within 30 days of receiving notice of the change in terms that he does not agree to such change in terms, such tenant may choose to not renew the rental agreement unless the landlord agrees to maintain the same terms as those in the current agreement. In the case of an automatic renewal of a rental agreement for a year-round resident, the security deposit initially furnished by the tenant shall not be increased by the landlord, nor shall an additional security deposit be required.

D. Rental agreements under this section shall be renewed except for reasons that would justify a termination of the rental agreement or eviction by the landlord pursuant to the provisions of § 55.1-1311 or 55.1-1315. For those rental agreements not renewed for reasons that would justify termination, the landlord shall provide written notice at least 90 days prior to the renewal date stating the reason for such nonrenewal.

E. Except as limited by subsection C, the provisions of § 55.1-1226 shall govern the terms and conditions of security deposits for rental agreements under this chapter.

F. No landlord shall 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.

1992, c. 709, § 55-248.42:1; 1999, c. 513; 2000, c. 41; 2019, c. 712; 2024, cc. 726, 762; 2026, c. 598.