Set terms for a residential lease in Virginia: Virginia Lease Agreement

Virginia

Residential Lease Agreement

This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between (the "Landlord") and the following tenants:

(the "Tenant")

Subject to the terms and conditions stated below the parties agree as follows:

. Applicable Virginia Law. This landlord tenant relationship is in accordance with Chapter 13.2 of Title 55 of the Code of Virginia (1950), as amended, generally known as the Virginia Residential Landlord Tenant Act (the "VRLTA"). Both parties hereby agree to be governed by the terms of the VRLTA, as amended from time to time. Each party will have a right to the remedies and a responsibility for obligations specified therein.

. Property. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant an house studio apartment condo with bedrooms and bathrooms, located at , , Virginia (the "Property"). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant a single room, described below, located at , , Virginia (the "Property"). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement.

. Term. This Agreement will begin on (the "Start Date"), and will continue from that date as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. Landlord may terminate the tenancy by giving written notice as provided by law. This Agreement will begin on (the "Start Date") and will terminate on (the "Termination Date").This Agreement will begin on (the "Start Date") and will terminate on (the "Termination Date"), and thereafter will be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated.

Tenant will vacate the Property upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy will be created which either party may terminate as specified above. by Tenant giving Landlord written notice of at least 30 days prior to the desired termination date, or by Landlord giving Tenant written notice as provided by law. Rent will be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement will remain in full force and effect.

. Management. The Tenant is hereby notified that is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact by one of the methods below: The Tenant is hereby notified that is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact by one of the methods below:

. Rent. Tenant will pay to Landlord rent in the amount of (the "Rent"), payable in advance on the day of each month, and is delinquent on the next day. If that day falls on a weekend or legal holiday, the rent is due on the next business day. Tenant will pay to Landlord rent in the amount of , payable in advance on of each week, and is delinquent on the next day. If that day falls on a legal holiday, the rent is due on the next business day. There will be no rent increases through the initial term of the lease. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant.

Payments should be sent to:

Payment address: , ,  , ,  , or at such other place as Landlord may designate from time to time.

Payments can be made by using one of the following methods of payment:

Acceptable forms of payment:

Tenant agrees to submit rent payments by one of the methods above. In the event of roommates, or another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due date stated herein. Mailed payments must be received on or before the due date. Rent payments for any partial month will be pro-rated at the rate of 1/30th of the monthly rent payment per day.

. Security Deposit. At the time of signing this Agreement, Tenant must pay to Landlord a security deposit in the amount of (the "Security Deposit"). Pursuant to the VRLTA, Landlord may use therefrom such amounts as are reasonably necessary to remedy Tenants' default in the payment of rent plus reasonable late fees specified in this Agreement, repair damages to the Property beyond normal wear and tear, and other damages provided for in this Agreement

If Landlord holds the Security Deposit for a period exceeding thirteen (13) months, he/she will pay the Tenant simple interest, calculated from the beginning of the tenancy, and payable at the end of the tenancy. The interest will accrue at rates set by Section 55-248.15.2 of the Code of Virginia.

The Security Deposit, together with any interest if required by law, will be returned to the Tenant within forty-five (45) days after the tenancy ends, along with an itemized accounting for all deductions made.

If the Tenant fails to provide a forwarding address to the Landlord to enable the Landlord to make a refund of the security deposit, upon the expiration of one year from the date of the end of the forty-five (45) day time period, the Landlord shall, within a reasonable period of time not to exceed ninety (90) days, escheat the balance of such security deposit and any other moneys due the Tenant to the Commonwealth, which sums shall be sent to the Virginia Department of Housing and Community Development, payable to the State Treasurer, and credited to the Virginia Housing Trust Fund.

. Non-Sufficient Funds. Tenant will be charged a monetary fee of as reimbursement of the expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient funds. In addition, a check returned due to insufficient funds will be subject to any and all late payments provisions included in this Agreement (if any). All charges will be immediately due from Tenant and failure to make immediate payment will constitute a default under the terms of this Agreement.

Landlord reserves the right to demand future payments by cashier's check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Landlord as a payee of a dishonored check. Landlord and Tenant agree that three (3) returned checks in any 12 month period constitutes frequent return of checks due to insufficient funds and may be considered a just cause for eviction.

. Late Payments. In the event that any payment required to be paid hereunder by Tenant is not made within days of when due, Tenant will pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of .

. Failure to Pay. Tenant is hereby notified that a negative credit report reflecting on Tenant's credit history may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this Agreement.

. Move-In Inspection Report. Pursuant to Section 55-248.11.1 of the Code of Virginia, Landlord and Tenant will inspect the Property and will record any pre-existing damages to the Property on the "Inspection Checklist" attached hereto. A copy of the Inspection Checklist must be provided to the Tenant within five (5) days of the start of the tenancy.

At the termination of the tenancy, Landlord will advise Tenant of his right to be present at the final inspection. If the Tenant desires to be present, he will tell the Landlord in writing. The Landlord then will notify the Tenant of the time and date of the inspection, which must be made during business hours and within seventy two (72) hours of the termination of occupancy.

. Occupants. The only persons who may live on the Property during the term of this Agreement are:

Tenant may have guests on the Property for not over consecutive days or days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than consecutive days or more than days in any calendar year will NOT be considered original occupants of the Property. Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Property for more than consecutive days or days in a calendar year.

. Possession. Tenant will be entitled to possession of the Property on the first day of the term of this Agreement, and will yield possession to Landlord on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant will remove its goods and effects and peaceably yield up the Property to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

If Landlord fails to make the Property available in a habitable condition on the agreed Start Date, rent shall abate until delivery is completed. If such failure to deliver possession is willful, then the remedies in Section 55-248.22 of the Code of Virginia will apply.

. Use of Property/Absences. Tenant will occupy and use the Property as a full-time residential dwelling unit. Tenant will notify Landlord of any anticipated extended absence from the Property not later than the first day of the extended absence.

No retail, commercial or professional use of the Property is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant to obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.

The failure to abide by the provisions of this section will constitute a material breach of this Agreement and is a just cause for eviction.

. Furnishings. The following furnishings will be provided by Landlord:

Tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.

. Damages. Any damages to the following items of property located in or on the Property will result in a charge to the Tenant as indicated herein:

. Appliances. The following appliances will be provided by Landlord:

Tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.

. Storage. No additional storage space on the Property is authorized, permitted or provided. Any personal property stored in the common areas of the Property will be removed without notice. Tenant will be allowed use of the following additional storage:

. Parking. This Agreement does not include or provide for parking spaces for motor vehicles or motorcycles anywhere in or about the Property. Tenant is permitted parking as follows:

. Roof/Fire Escapes. Use of the roof and/or the fire escapes by Tenants and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property.

. Pets. No pets, dogs, cats, birds or other animals are allowed on or about the Property, without Landlords prior written consent, excepting guide, service, or signal dogs. Strays must not be kept or fed in or around the Property. If a pet has been on or allowed on the Property, even temporarily (with or without the Landlords permission) Tenant may be charged for cleaning, de-fleaing, deodorizing, shampooing, or replacing any portion of the Property.Tenant is not allowed to keep any animals or pets on or about the Property without Landlord's prior written consent, except for the following:

Weight limit for each pet: No pets larger than 20 lbs. No pets larger than 50 lbs. No weight limit.

. Keys and Locks. Tenant will be given a set number of keys for the Property. If all keys are not returned to Landlord following termination of the Agreement, Tenant will be charged a monetary fee to replace the keys. If a security deposit was collected by the Landlord at the time of signing this Agreement, then such amount will be subtracted from the Security Deposit. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Property without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately upon installation.

. Smoking. Smoking is prohibited in any area in or on the Property, both private and common, whether enclosed or outdoors. This policy applies to all owners, tenants, guests, employees, and servicepersons. The Tenant will be liable for any damages caused to the Property due to Tenant or Tenant's visitors or guests smoking in or on the Property. Any violation of this policy will be seen as a breach of this Agreement and Landlord will be entitled to all remedies allowable by law including eviction.

. Maintenance and Repairs.  Landlord will have the responsibility to maintain the Property in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability. Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or property manager. A repair request will be deemed permission for the Landlord or property manager to enter the Property to perform such maintenance or repairs in accordance with this Agreement unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlord or property manager's access or entry. Landlord will have expectation that the Property is in a safe and habitable condition upon entry Landlord will have the responsibility to maintain the Property in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability, except that Tenant will be responsible for the following:

. Utilities and Services. Landlord will pay directly for all utilities, services, and charges provided to the Property, including any and all deposits required. Tenant will pay directly for all utilities, services, and charges provided to the Property, including any and all deposits required. Tenant will pay directly for all utilities, services, and charges provided to the Property, including any and all deposits required, except for the following, which will be paid by Landlord:

. Default. Tenant will be in default of this Agreement if Tenant fails to comply with any material provisions of this Agreement by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation (or any other obligation) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action will be added to Tenant's financial obligations under this Agreement, including reasonable attorneys' fees. All sums of money or charges required to be paid by Tenant under this Agreement will be additional rent, whether or not such sums or charges are designated as "additional rent." The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

. Termination upon Sale of Property. Notwithstanding any other provision of this Agreement, Landlord may terminate this Agreement upon days' written notice to Tenant that the Property has been sold.

. Early Termination. Tenant may, upon days' written notice to Landlord, terminate this Agreement provided that the Tenant pays a termination fee equal to or the maximum allowable by law, whichever is less. Termination will be effective as of the last day of the calendar month following the end of the day notice period. The termination fee is in addition to all rent due up until the termination day.

. Holding Over. Should the Tenant hold over the term hereby created with consent of the Landlord, the term of this lease will become a month-to-month tenancy and be deemed to be and be extended at the rental rate herein provided, and otherwise upon the terms and conditions in this Agreement, until either party hereto serves upon the other thirty (30) days written notice of termination, reflecting the effective date of cancellation.

. Military Termination. In the event, the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Property is located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, then in any of these events, the Tenant may terminate this lease upon giving thirty (30) days written notice to the Landlord. The Tenant will also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer, reflecting the change, which warrants termination under this provision. The Tenant will pay prorated rent for any days (he/she) occupy the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Property.

. Condition of Property. Tenant stipulates, represents and warrants that Tenant has examined the Property, and that they are at the time of this Agreement in good order, repair, and in a safe, clean and tenantable condition.

. Alterations and Improvements. Tenant will make no alterations to the buildings or improvements to the Property or construct any building or make any other improvements on the Property without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Tenant will, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement.

. Hazardous Materials. Tenant will not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.

. Lead Disclosure. Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards if not taken care of properly. Federal law requires that tenants and lessees receive certain information before renting pre-1978 housing. By signing this Agreement, Tenant represents and agrees that Landlord has provided Tenant with such information, including, but not limited to, the EPA booklet entitled Protect Your Family from Lead in Your Home.

. Damage to Property. If the Property is damaged or destroyed as to render it uninhabitable, then either Landlord or Tenant will have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other party to be given within 20 days of occurrence of such damage. However, if such damage should occur as the result of the conduct or negligence of Tenants or Tenants' guests or invitees, Landlord will have the right to termination and Tenants will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.

. Landlord Access to Property. Landlord and Landlord's agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon. Tenant will make the Property available to Landlord or Landlord's agents for the purposes of making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord will give Tenant reasonable notice of intent to enter. For these purposes, twenty four (24) hour written notice will be deemed reasonable.

. Indemnity Regarding Use of Property. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Property, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or agent from any and all liability for loss or damage to Tenants property or effects whether on the Property, garage, storerooms or any other location in or about the Property, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlords employees, heirs, successors, assignees and/or agents.

. Accommodation. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenants responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability.

. Compliance with Regulations. Tenant will promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

. Mechanics Liens. Neither Tenant nor anyone claiming through the Tenant will have the right to file mechanics liens or any other kind of lien on the Property and the filing of this Agreement constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Property free of all liens resulting from construction done by or for the Tenant.

. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Property.

. Assignment and Subletting. Tenant may not assign or sublease any interest in the Property, nor assign, mortgage or pledge this Agreement, without the prior written consent of Landlord, which will not be unreasonably withheld. Tenant may not assign or sublease any interest in the Property, nor assign, mortgage or pledge this Agreement. This is a blanket prohibition, meaning no replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed on the Property even if a Tenant leaves the Property. This prohibition applies to each and every term of this Agreement in regard to space leased to Tenant. Any waiver of this prohibition must be secured from the Landlord in writing. In the event the prohibition is invalidated or lifted, Tenant, Landlord and any subtenant or assignee agrees to be bound by each and every provision contained in this Agreement.

. Additional Provisions; Disclosures.

. Notice. Notice under this Agreement will not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions will be deemed received on the third day after posting.

Landlord:

, ,  

Tenant:

, , Virginia

Such addresses may be changed from time to time by any party by providing notice as set forth above.

. Attorney's Fees. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Property, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.

. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:

. Governing Law. This Agreement will be governed, construed and interpreted by, through and under the Laws of the Commonwealth of Virginia.

. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.

. Time of Essence. Time is of the essence with respect to the execution of this Lease Agreement.

. Estoppel Certificate. Tenant will execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within three (3) days after its receipt. Failure to comply with this requirement will be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.

. Entire Agreement. This document constitutes the entire Agreement between the Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenants and procedures as required by law.

. Application. Tenant represents and warrants that all statements in Tenants rental application are accurate. Any misrepresentations will be considered a material breach of this Agreement and may subject Tenant to eviction. Tenant authorizes Landlord and any broker to obtain Tenants credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenants application is false.

. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.

Receipt

Initials

Lease Agreement

Inspection Checklist

Tenant has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:

Kitchen

Living Room

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Bathroom

Hallways or Other Areas

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Bedroom

Tenant:

Acknowledged by Landlord:

Lease Agreement

Disclosure of Information on Lead-Based Paint

or Lead-Based Paint Hazards

Lead Warning Statement

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention.

Landlord's Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):

(b) Records and reports available to the landlord (Check (i) or (ii) below):

Tenant's Acknowledgment

(c) _____ Tenant has received copies of all information listed above.

(d) _____ Tenant has received the pamphlet Protect Your Family From Lead In Your Home.

Agent's Acknowledgment

* The term Agent is defined as any party who enters into a contract with the Landlord, including anyone who enters into a contract with a representative of the Landlord for the purpose of leasing housing.

(e) _____ Agent has informed the landlord of the landlord's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

Virginia Lease Agreement Checklist

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___Sign this document. This document needs to be signed by all Landlords and all Tenants. The Agreement can be signed online. It becomes effective as of the date specified in the Agreement.

All Tenants

The Agreement can be signed online. It becomes effective as of the date specified in the Agreement.

___Everyone gets a copy. Anyone named in the document should receive a copy of the signed document. If you sign this agreement online a copy will be securely stored in your account. You can share your document from your account.

Important Details

In addition to a local attorney, there are several sources of information that may be available to provide you with additional information about the landlord/tenant laws of your state and city. Many cities have housing authorities or other governmental divisions that provide useful information. Also, some civil rights groups have information available related to housing needs and laws. Also, consider low-income housing groups and legal services organizations. Often, these groups have a broad range of experience with landlord/tenant issues and can provide both advice and information at minimal or no cost.