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Virginia month-to-month lease agreement
Written for Virginia law, checked October 1, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
Virginia rules that apply
- Ending a month-to-month tenancy
- 30 days
- before the next rent due date, unless the lease sets a different period
- Va. Code § 55.1-1253(A)
- Rent increase notice
- 30 days
- month to month; owners of more than four units give 60 days before a renewal term
- Va. Code § 55.1-1253(D)Va. Code § 55.1-1204(K)
Ending a month-to-month tenancy
Either side may end a month-to-month tenancy with written notice served at least 30 days before the next rent due date, unless the lease sets a different notice period. A week-to-week tenancy needs seven days' notice before the next rent due date.
More detail (5)
- An owner of a multifamily property who, within any 30-day period, does not renew at least 20 month-to-month tenancies or at least half of them in that property, whichever number is greater, must give each of those tenants at least 60 days' written notice, except a tenant who has not paid rent. Va. Code § 55.1-1253(B)
- If you own more than four units, a notice that you will not renew a lease term is due at least 60 days before the term ends. Va. Code § 55.1-1204(K)
- A tenant who stays without consent after the tenancy ends owes actual damages, attorney fees and costs unless staying was reasonable, and the lease may set liquidated damages of up to 150 percent of the daily rent for each day of holding over. Va. Code § 55.1-1253(C)
- If you do not offer a written lease, the tenancy runs 12 months by law and does not renew automatically. Va. Code § 55.1-1204(C)
- You may not end a tenancy to retaliate against a tenant for protected activity. Va. Code § 55.1-1258 See Retaliation on the Virginia page
The Virginia lease lets either side end a month-to-month tenancy with written notice served at least 30 days before the next rent due date, or seven days for a week-to-week tenancy.
Rent increase notice
Chapter 12 sets no limit on how much rent may rise. During a lease, a change in terms needs notice under the lease or the law and both parties' written consent. When a month-to-month or holdover tenancy continues after a lease ends with no new agreement, a new rent set by written notice takes effect on the next rent due date that comes at least 30 days after the notice.
Va. Code § 55.1-1204(I) Va. Code § 55.1-1253(D)
More detail (3)
- If you own more than four rental units in Virginia, or more than a 10 percent interest in more than four, give written notice of a rent increase for the next term to a tenant with a renewal option or an automatic renewal at least 60 days before the term ends. The same 60 days applies to a notice that you will not renew. Va. Code § 55.1-1204(K)
- From July 1, 2027 that renewal notice becomes 90 days and must set a reply deadline at least 30 days after delivery. Va. Code § 55.1-1204(K) (effective July 1, 2027)
- You may not raise rent to retaliate against a tenant for a protected complaint or activity, though you may raise it to market rates. Va. Code § 55.1-1258(A) See Retaliation on the Virginia page
The Virginia lease states the 60-day renewal notice for landlords with more than four units, the change to 90 days on July 1, 2027, and the 30-day rule for a month-to-month or holdover rent change.