Virginia landlords beware! New laws are coming for YOUR rental property!

If you own a rental property in Virginia, especially Northern Virginia, be careful when drafting your lease. Does your lease clearly state that you may receive attorneys’ fees if you are forced to hire counsel? Does it clearly state that the tenant is responsible for paying utilities? Did you even offer a written lease to the tenant? If you failed to do so, Virginia law will take over in ways you may not like.

If you are a Virginia landlord you must make sure that when drafting your lease you follow the letter of the law because if you do not, it will cost you time, effort and money. For example, you may not know it, but YOU must provide your tenant with a “Virginia Statement of Tenant Rights and Responsibilities” at the time they sign the lease. This is a Commonwealth of form found free online at https://www.dhcd.virginia.gov/landlord-tenant-resources. If you fail to provide this document to your tenant before you begin the eviction process, your eviction will be dismissed, forcing you to start again.

Always be sure to vet your potential tenant. After you sign a lease,  be sure to keep an accurate ledger of your tenant’s rent payments, retain copies of all written communications with your tenant, and consider creating a Limited Liability Company (“LLC”) to own your investment property for further protection. These things may seem trivial and time-consuming, but a well-documented rental relationship will do wonders if you need Court intervention. Our firm often reviewed deficient leases and notices that are: (1) downloaded from the internet that uses inaccurate language – often from other states, (2) not filled out properly, (3) missing entire pages, and/or (4) not signed by the proper parties. If you do hire counsel, tell your attorney the entire story.

This firm is available if you are a landlord or thinking about becoming a landlord to consult on navigating the landlord-tenant minefield and we stand prepared to help landlords navigate an ever-changing law-scape – including those changes expected from the newly elected Virginia General Assembly.