Virginia Sublease Agreement Template

An agreement between a current tenant and a subtenant for all or part of a rental home, tied to the original lease, with a landlord consent section. This edition fills in the Virginia rules we could confirm and marks the rest as blanks to check.

Virginia rules for this form

Deposit limit. A security deposit cannot exceed two months of periodic rent. (Va. Code 55.1-1226(A))

Deadline to return the deposit. The landlord must return the deposit, with a written itemized list of any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever is later. (Va. Code 55.1-1226(A))

Month-to-month notice. Either side ends a month to month tenancy with written notice at least 30 days before the next rent due date, and a week to week tenancy with at least 7 days. (Va. Code 55.1-1253(A))

Notice before entry. Entry must be at reasonable times with notice, and routine maintenance the tenant did not request needs at least 72 hours of notice; no notice is needed in an emergency or when the tenant asked for the work. (Va. Code 55.1-1229)

Required disclosures. The landlord must offer a written lease and give the tenant the state's statement of tenant rights and responsibilities with a signed acknowledgment; a landlord cannot sue over a lease violation until it has been provided. (Va. Code 55.1-1204(B) and (H))

Required disclosures. The first page of a written lease must list the deposit, the rent for each period and any one time charges, under a statement that no other deposits or rent will be charged unless listed or added by a signed addendum. (Va. Code 55.1-1204.1)

Required disclosures. Generally, landlords disclose any visible evidence of mold found at move in inspection. (Virginia Residential Landlord and Tenant Act)

Required disclosures. Properties in a locality with a military air installation need a disclosure about noise and accident potential zones. (Virginia Residential Landlord and Tenant Act)

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Cities and counties in Virginia can add their own rules on top of these. Check local ordinances before you sign.

What is in the template

1. Parties
2. The master lease
3. Subleased space
4. Term
5. Rent
6. Utilities and shared costs
7. Security deposit
8. Condition and inspection
9. Rules
10. Repairs and access
11. Default
12. General terms
13. Signatures
14. Landlord consent

Before you use it

• In a sublease the original tenant stays responsible to the landlord, and the subtenant answers to the original tenant.
• Most leases require the landlord's written consent before a tenant sublets, and some states limit when a landlord may refuse.
• A sublease can never last longer than the original lease or give the subtenant more rights than the tenant has.
• Landlords should screen subtenants with the same criteria they use for any applicant.

For the full explanation of this form, read our guide to the sublease agreement.