The most important source of information about the rights and responsibilities of residential landlords and tenants is the written lease agreement. Some landlords prefer oral agreements, but it is more common for them to require the tenant's signature on a written lease—and a written lease protects the tenant more than an oral agreement. Be sure to read the lease carefully before you sign it.
If a tenant wants to change part of the lease, the tenant should discuss it with the landlord. If the landlord agrees, the landlord and tenant should decide how they want to word the change and then write it into the agreement. Both the tenant and the landlord should then initial the change. For example, many standard leases prohibit pets, but the landlord may be willing to accept a pet if the tenant puts down extra money as security (a pet deposit) to protect against any damage the pet might do.
A state’s landlord-tenant laws may provide additional rights and responsibilities and further define the rights and responsibilities identified in the lease agreement. These laws vary from state to state and are usually located in a state’s statutes.
In Virginia, the written lease agreement is indeed a critical document for both residential landlords and tenants, as it outlines their respective rights and responsibilities. Virginia law recognizes both written and oral rental agreements, but written leases offer more security and clarity, and are thus recommended. Before signing, tenants should thoroughly review the lease and negotiate any desired changes with the landlord. Any amendments should be clearly written into the lease and initialed by both parties to ensure they are legally binding. It's important to note that while the lease agreement is central, it does not supersede state law. Virginia's Residential Landlord and Tenant Act (VRLTA) provides a framework of regulations that govern rental properties and agreements, and these statutes may grant additional rights and obligations beyond those in the lease. Tenants and landlords should be aware that the VRLTA, along with any other relevant state statutes, will fill in any gaps not covered by the lease and will prevail over any lease provisions that are in conflict with state law.