Virginia Sublease Agreement

The Virginia sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.

Does a Tenant Need the Landlord’s Permission to Sublet in Virginia?

Virginia tenants do need to get the landlord’s explicit written permission. Even after permission is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for smoking or having a low income. Read More

Standardized Virginia Sublease Agreements

• The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third-party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
• Rental Unit Location – The address for the rental unit as described in the master lease.
• Term – The exact date of the sublease beginning and ending date.
• Rent – How much the rent is, when it needs to be paid, and how to pay it.
• Late fees – Discuss the late rent policy and if fees apply.
• Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
• Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor has the ultimate responsibility to pay for any damages as stated in the master lease agreement.
• Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
• Authorized Occupants – A list that identifies the new tenant(s) and those authorized to live in the rental unit including any policy about short-term guests.
• Security Deposit – The security deposit is held by the Sublessor (not the landlord). Virginia law limits the maximum security deposit to two months’ rent.
• Return of Security Deposit – Virginia landlords have 45 days after the lease ends or the tenant vacates the rental unit (whichever is later) to return a security deposit.
• Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
• Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
• Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
• Inventory of Included Items – The list of items in the rental unit that are part of the sublease (furniture or appliances).
• Improvements to the Rental Unit – Discuss if the subtenant is allowed to paint or make any changes to the unit.
• Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
• Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).

Tax Implications of a Sublease

In Virginia, sublessors may be subject to state and local taxes if they sublet for less than 30 days. For example, in Alexandria, taxes may include:

• Virginia State Sales Tax – 4.3%
• City of Alexandria Tax – 6.5% + $1.25 per room per night
• Transient Occupancy Tax – 3 %

Frequently Asked Questions

Is subletting legal in Virginia? Is subletting legal in Virginia? Yes, subletting is legal in Virginia. However, tenants should understand that if the master lease agreement contains any provisions that prohibit subletting, the tenant will not be allowed to sublease the rental unit. The lease agreement may require tenants to obtain the landlord’s permission prior to subleasing. Read more »