Virginia Landlord Disclosure Requirements: What You Must Tell Tenants

Virginia landlords must give tenants a statement of tenant rights, disclose known mold, defective drywall, prior methamphetamine manufacture, and military noise zones before move-in, plus the federal lead-based paint pamphlet for pre-1978 housing. There is no separate Virginia bed bug disclosure law, only general pest-notification duties.

What must a landlord disclose before the lease is signed?

Virginia Code § 55.1-1204 requires a landlord to offer a written rental agreement along with the statement of tenant rights and responsibilities published by the Department of Housing and Community Development. A signed copy of both documents must reach the tenant within 10 business days of the lease's effective date. A landlord cannot file or maintain an unlawful detainer action against a tenant until this statement has been provided.

Three property-condition disclosures also attach before a written lease is signed, or before occupancy under an oral agreement:

• Defective drywall the landlord actually knows about and has not remediated (§ 55.1-1218)
• Prior use of the dwelling to manufacture methamphetamine that has not been cleaned up under Board of Health guidelines (§ 55.1-1219)
• Location in a military air installation noise zone or accident potential zone, per the locality's official zoning map (§ 55.1-1217)

Separately, § 55.1-1216 requires the landlord to disclose, in writing, at or before the start of the tenancy, the name and address of both the person authorized to manage the property and the owner (or the owner's authorized representative). That same section requires notice if the property is later sold.

For housing built before 1978, federal law, not Virginia law, adds another layer. The Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) requires the landlord to disclose any known lead-based paint or hazards, share any available reports, and give the tenant the EPA pamphlet "Protect Your Family from Lead in Your Home" before the lease becomes binding.

What happens at move-in, and what does the mold rule require?

Within five days of occupancy, § 55.1-1214 requires a written move-in inspection report itemizing existing damage. As part of that same report, § 55.1-1215 requires the landlord to disclose whether there is any visible evidence of mold in areas of the unit that are readily accessible. If mold is disclosed, the tenant can choose to walk away from the lease. If the tenant chooses to proceed anyway, the landlord must remediate within five business days, reinspect, and issue a new report confirming no visible mold remains.

Does Virginia require a ratio utility billing disclosure?

Yes, but the disclosure lives in the lease itself rather than in a separate notice. Under § 55.1-1212, a landlord may only use submetering, energy allocation equipment, or a ratio utility billing system (RUBS) if its use is clearly stated in the rental agreement. Tenants are also entitled to inspect the records showing how their utility charges were calculated.

Is there a Virginia bed bug disclosure law?

Not the way many landlords assume. Virginia has no statute requiring a landlord to disclose a bed bug history or known infestation to a prospective tenant before signing a lease. What the Code does require is narrower: tenants must keep their part of the unit free of insects and pests and must promptly notify the landlord of any infestation (§ 55.1-1227), and a landlord who applies pesticide must give the tenant at least 48 hours' written notice beforehand (§ 55.1-1223). The general fitness-for-habitation duty can still require a landlord to remediate a confirmed infestation, but that is a repair obligation, not a pre-lease disclosure obligation. Landlords who advertise a "bed bug disclosure form" are typically using a lease addendum for notice and cost-allocation purposes, not fulfilling a statutory disclosure duty, because no such duty exists in Virginia.

Disclosure quick reference

What happens if a landlord skips a required disclosure?

The remedy usually runs to the tenant, not to a regulator. Missing the drywall or methamphetamine disclosure gives the tenant up to 60 days from discovery to terminate the lease. Missing the military noise zone disclosure gives the tenant a 30-day window from the start of the lease to terminate by certified mail. Skipping the statement of tenant rights can block a landlord from pursuing an unlawful detainer action until the statement is delivered. None of these are criminal penalties, but they can unwind a lease or delay an eviction at the worst possible time. Century 21 Accent Homes builds every one of these required disclosures into its standard lease packet, so a self-managing owner's oversight never becomes a tenant's escape hatch.

Frequently asked questions

Do I need to give a separate mold disclosure form, apart from the move-in inspection?

No. Virginia folds the mold disclosure into the same written report required for the move-in inspection under § 55.1-1214. There is no standalone mold form required by statute, though many landlords use a combined inspection and mold checklist for clarity.

Does the lead-based paint disclosure apply to my newer rental property?

No. The federal lead-based paint disclosure only applies to "target housing," which generally means housing built before 1978. Housing built in 1978 or later is exempt from this requirement entirely.

Can a tenant break the lease just because I forgot one disclosure?

It depends on which one. The drywall, methamphetamine, and military noise zone statutes each specify a termination window as the tenant's remedy for nondisclosure. The statement of tenant rights works differently: it does not automatically void the lease, but it can bar the landlord from pursuing an unlawful detainer action until the statement is provided.

*This article is for general information and is not legal advice. Consult a Virginia attorney about your specific situation.*