What A Lease Cannot Say
Va. Code 55.1-1208 — provisions a rental agreement may not contain, and damages if a landlord tries to enforce one
- Waiving or forgoing rights or remedies under the chapter.
- Authorizing any person to confess judgment on a claim under the agreement.
- Paying the landlord's attorney fees, except as the chapter provides.
- Excusing or limiting the landlord's liability under law, or indemnifying the landlord for it.
- A security deposit and damage and renter's insurance premiums, paid before the tenancy begins, that exceed two months' periodic rent.
- Waiving rights under the Servicemembers Civil Relief Act before a dispute arises.
Those are among the provisions the section lists.
Unenforceable, with damages. A prohibited provision is unenforceable. If a landlord brings an action to enforce one, the tenant may recover actual damages and reasonable attorney fees.
Repair fees. Unless the tenant's own violation of the chapter made it necessary, no landlord may require a tenant to pay any fee for the maintenance or repair of the dwelling unit.
Whether a particular clause is enforceable, and what follows if a landlord relies on one, are questions for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 55.1-1208 — Prohibited provisions in rental agreements
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.