Form 200 "Residential Lease - Virginia Association of Realtors" - Virginia

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VIRGINIA ASSOCIATION OF REALTORS®
RESIDENTIAL LEASE
(This is a legally binding contract. If not understood, seek competent advice before signing.)
EFFECTIVE DATE OF LEASE: ____________________________
This Property will be shown and made available to all persons without regard to race, color, creed, religion, national origin,
sex, familial status, handicap or elderliness in compliance with all applicable and federal, state and local fair housing laws
and regulations.
THIS LEASE AGREEMENT (the “Lease”) is made as of the ____ day of ___________, 20___, by and between
____________________________________________________________________________________ (“Landlord”) whose
address is __________________________________________________________________________________________
through _________________________________________________________________________ (“Listing Broker,” who
represents Landlord) whose address is ____________________________________________________________________;
__________________________________________________________________________________________ (“Tenant”);
and_____________________________________________________________________(“Leasing Broker,” who does ____
or does not ____ represent Tenant). Listing Broker is sometime hereinafter referred to as “Agent”.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained therein, Landlord and Tenant agree
as follows:
Landlord does hereby lease and demise unto Tenant, and Tenant does hereby lease and take from Landlord the Dwelling Unit
hereinafter described (the “Dwelling Unit”) on the terms and conditions set forth in this Lease.
1.
SUMMARY OF LEASE TERMS:
a.
Address of Dwelling Unit:
b.
Term
Commencement Date of Lease:
____________________________ at ________ am/pm
Length of Term is:
____________________________________________
Lease Term Ends:
____________________________ at ________ am/pm
c.
Rent
Monthly Rent:
$____________________
Per Diem Rent: $____________________
Prorated Rent (for period from _______ to _______): $_______________
Additional Rent:
Non-Refundable Lease Fee:
$_______________
Non-Refundable Pet Fee, if applicable:
$_______________
Pet Rent, if applicable:
$_______________
Damage Insurance:
$_______________
Actual cost of policy:
$_______________
Administrative fee:
$_______________
Opt-out fee:
$_______________
Renter’s Insurance:
$_______________
Actual cost of policy:
$_______________
Administrative fee:
$_______________
Opt-out fee:
$_______________
VAR FORM 200 REV. 8/11
PAGE 1 OF 14
VIRGINIA ASSOCIATION OF REALTORS®
RESIDENTIAL LEASE
(This is a legally binding contract. If not understood, seek competent advice before signing.)
EFFECTIVE DATE OF LEASE: ____________________________
This Property will be shown and made available to all persons without regard to race, color, creed, religion, national origin,
sex, familial status, handicap or elderliness in compliance with all applicable and federal, state and local fair housing laws
and regulations.
THIS LEASE AGREEMENT (the “Lease”) is made as of the ____ day of ___________, 20___, by and between
____________________________________________________________________________________ (“Landlord”) whose
address is __________________________________________________________________________________________
through _________________________________________________________________________ (“Listing Broker,” who
represents Landlord) whose address is ____________________________________________________________________;
__________________________________________________________________________________________ (“Tenant”);
and_____________________________________________________________________(“Leasing Broker,” who does ____
or does not ____ represent Tenant). Listing Broker is sometime hereinafter referred to as “Agent”.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained therein, Landlord and Tenant agree
as follows:
Landlord does hereby lease and demise unto Tenant, and Tenant does hereby lease and take from Landlord the Dwelling Unit
hereinafter described (the “Dwelling Unit”) on the terms and conditions set forth in this Lease.
1.
SUMMARY OF LEASE TERMS:
a.
Address of Dwelling Unit:
b.
Term
Commencement Date of Lease:
____________________________ at ________ am/pm
Length of Term is:
____________________________________________
Lease Term Ends:
____________________________ at ________ am/pm
c.
Rent
Monthly Rent:
$____________________
Per Diem Rent: $____________________
Prorated Rent (for period from _______ to _______): $_______________
Additional Rent:
Non-Refundable Lease Fee:
$_______________
Non-Refundable Pet Fee, if applicable:
$_______________
Pet Rent, if applicable:
$_______________
Damage Insurance:
$_______________
Actual cost of policy:
$_______________
Administrative fee:
$_______________
Opt-out fee:
$_______________
Renter’s Insurance:
$_______________
Actual cost of policy:
$_______________
Administrative fee:
$_______________
Opt-out fee:
$_______________
VAR FORM 200 REV. 8/11
PAGE 1 OF 14
Total Rent:
$_______________
(Rent may be increased pursuant to the terms of this Lease)
Late Fee:
10% of the total Monthly Rent, or $50.00, whichever is greater.
Per Diem Late Fee:
$_______________
d.
Monthly Rent to be paid at our office located at
e.
Description of Dwelling Unit:
Unit Type
_____________ Number of Baths:
Number of Bedrooms
_____________ Other:
f.
Appliances and other personal property provided:
g.
Occupancy of the Dwelling Unit shall be limited to ________ persons whose
names other than Tenant are as follows:
h.
Utilities included in Rent:
i.
Security Deposit:
Move-In Security Deposit:
$_______________
Pet Deposit:
$_______________
Total Security Deposit:
$_______________
Security Deposit will be held by Landlord ______ or Agent ________.
j.
Cancellation and Renewal of Lease: Either party may terminate this Lease effective as of
the end of the then-existing Term by giving the other party written notice at least
________________ (______) days before the end of the then-existing Term. If no such
notice of termination is given, the Term of this Lease shall be extended for self-renewing
terms of ______________________.
If Landlord intends to change the terms or
conditions of this Lease, including increasing the Rent, for any renewal term thereafter,
Landlord will give Tenant written notice at least __________ days prior to the end of the
then applicable term.
2.
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”).
3.
SECURITY DEPOSIT. Tenant has deposited the amount shown in Section 1(i) as a Security Deposit, to secure a
complete and faithful performance by Tenant of all terms and conditions of this Lease, and the obligations imposed
on Tenant by applicable Virginia Law.
a.
Disposition. Pursuant to the VRLTA, Landlord may apply all or part of the Security Deposit to the
payment of accrued Rent and the amount of any damages that have been suffered by Landlord, including
but not limited to, physical damages, appropriate charges to Tenant not previously reimbursed to Landlord,
charges that may be due by Tenant to third-party utility providers in accordance with the provisions of
Section 55-248.15:1(A) of the VRLTA, and actual damages for breach of this Lease, including attorneys’
fees and costs. Landlord shall have the right to apply the Security Deposit to non-Rent items first, and then
VAR FORM 200 REV. 8/11
PAGE 2 OF 14
to any unpaid Rent. Within forty-five (45) days after termination of the tenancy and return of possession of
the Dwelling Unit by Tenant to Landlord, Landlord will provide Tenant with an itemized listing of all
deductions made from the Security Deposit, and with payment of any amount due to Tenant. If Tenant
complies with all terms and conditions of the Lease and with the VRLTA, Landlord will return to Tenant
the Security Deposit, together with any accrued interest if required by law, within forty-five (45) days after
termination of the tenancy and return of possession the Dwelling Unit to Landlord by Tenant. If the
damages to the Dwelling Unit exceed the amount of the Security Deposit and require the services of a
third-party contractor, Landlord shall give written notice to Tenant advising of the fact within a forty-five
(45) day period. If such notice is given, Landlord shall have an additional fifteen (15) day period to provide
an itemization of the damages and the cost of repair. Any interest earned on the Security Deposit in excess
of that amount that Landlord is required to pay to Tenant under the VRLTA will be retained by Agent to
cover administrative costs.
b.
Forwarding Address. Tenant shall provide Landlord written notice prior to vacating the Dwelling Unit of
the forwarding address so that Landlord can forward to Tenant a statement explaining the disposition of the
Security Deposit prior to the end of the 45-day period provided herein. If Tenant fails to give notice of a
forwarding address, Landlord will send the Security Deposit statement to the last known address of Tenant,
but will retain the Security Deposit refund, if any until Tenant notifies Landlord of the appropriate address.
c.
Multiple Tenants. Where more than one Tenant signs this Lease, a deduction to be made from the Security
Deposit will be joint and several, and Landlord is not liable for any understanding that may exist between
two or more Tenants as to the portion of the Security Deposit that one Tenant may be entitled to, as
opposed to another Tenant. Landlord will draw one check payable to all Tenants jointly, or at Landlord’s
election, to any one Tenant who shall be responsible for distribution to the other Tenants, and forward same
to forwarding address provided to Landlord by written notice as required herein.
d.
Move-Out Inspection. Under the VRLTA, Landlord will make reasonable efforts to provide Tenant with
notice of a right to be present at the time of move-out inspection. Landlord will include in the vacating
notice language to inform Tenant of this right to be present. Tenant must make a written request to
Landlord to be present at such an inspection, and Landlord will notify Tenant of the inspection times which
will occur within 72 hours of the termination of the tenancy. If Tenant fails to make such a request, or fails
to schedule an inspection, Landlord will proceed to do the check-out inspection without Tenant being
present.
e.
Setoff Prohibited. Tenant shall have no right to deduct the Security Deposit from the rental payment for the
last month of any term of this Lease.
f.
Landlord’s Successor Obligated for Security Deposit. If Landlord in any way transfers its interest in the
Dwelling Unit, or if the Agent transfers management of the Dwelling Unit and the apartment community in
which the Dwelling Unit is located (the “Premises”), to a third party, Agent or Landlord, as the case may
be, may transfer the Security Deposit to the transferee and both are thereafter released from all liability for
the return of the Security Deposit to Tenant. If such a transfer occurs, Tenant agrees to look to the
transferee solely for the return of the Security Deposit and to release Landlord and/or Agent, as the case
may be, from all obligations and liability relating thereto.
g.
Damage Addendum. The Damage Addendum, attached hereto and incorporated by reference herein,
establishes a tentative schedule of standard deductions to be utilized by Landlord in assessing charges
against Tenant for physical damages to the Dwelling Unit or the Premises, less reasonable wear and tear.
Landlord reserves the right to alter the said schedule if the repair costs should become higher than those
listed thereon. Landlord further reserves the right to assess against Tenant for such damages the actual costs
of the materials and repairs, if there is a variance between the tentative schedule and the actual bill for such
materials and repairs. The Damage Addendum also establishes the tentative schedule for charges to be
made by Landlord against Tenant during the Term of the tenancy for any damages as may occur.
Landlord reserves the right to require a commercial insurance policy commonly known as “damage insurance”
securing the performance of Tenant for all or part of the security deposit as provided in Section 55-248.7:2 of the
VRLTA. The actual costs of any damage insurance policy and the administrative fee as set forth in Section 1(c)
shall be charged to the Tenant as additional rent. Tenant shall have the option to purchase their own damage
insurance policy, provided the policy otherwise meets the requirements of this paragraph, in which case Tenant shall
be charged the monthly opt-out fee specified in Section 1(c). For any damage insurance policy obtained by Tenant
in accordance with this paragraph, Tenant agrees to maintain such policy in full force and effect for the full term of
VAR FORM 200 REV. 8/11
PAGE 3 OF 14
this Lease, including any extensions or renewals thereof, and to provide Landlord sufficient proof of such insurance.
Any damage insurance policy provided by Landlord shall terminate contemporaneously with the termination of this
Lease.
4. RENT.
a.
Rent Payments. The total Rent for the initial Term of this Lease is set out in section 1(c) of this Lease.
Monthly payments of Rent are payable in advance, without demand, and in full without prorating or setoff,
on the first day of each calendar month and shall be paid to at the address set forth in section 1(d) above or
at such other places as Landlord may designate by advance written notice to Tenant.
Landlord is
authorized to accept prepaid Rent in accordance with the provisions of the VRLTA.
th
b.
Late Payment. If the rental payment is received after the 5
day of the month, a Late Fee in the amount
specified in section 1(c) of this Lease will be assessed against Tenant. Any rental payment received after
legal action has been initiated by Landlord will be accepted with reservation and will be applied to
delinquent rent due, but will not affect any legal action instituted by Landlord against Tenant to recover
delinquent rent and possession of the Dwelling Unit.
c.
Returned Checks. Landlord reserves the right to require that all monthly installments be made by money
order or certified funds, or to require automatic or electronic payment. Checks that are returned for
insufficient funds or otherwise, will result in the following charges, in addition to the late charges specified
herein and the face amount of the check and all other amounts recoverable by Landlord pursuant to this
Lease or by law: (i) a reimbursement of any bad check return fee charged by the bank; (ii) a bad check
processing fee in the amount of $50; (iii) legal interest from the date of the check; and (iv) a civil recovery
not to exceed $250.
d.
Rent is Inclusive. As used in this Lease and under the VRLTA, “Rent” means all money, other than a
security deposit, owed or paid to Landlord under this Lease, including prepaid Rent paid more than one
month in advance of the Rent due date.
5. INSPECTION AND CONDITION OF DWELLING UNIT.
a.
Move-In Inspection Report. Tenant has made an inspection of the Dwelling Unit, and Tenant agrees that
the Dwelling Unit is in a fit and habitable condition, except for such damages as have been itemized in a
written “Residential Move-In Move-Out Inspection Report”, a copy of which will be submitted by
Landlord to Tenant within five (5) days after occupation of the Dwelling Unit by Tenant. The Residential
Move-In Move-Out Inspection Report will be deemed correct unless Tenant objects to it in writing five (5)
days after Landlord has provided same to Tenant. Tenant hereby acknowledges that the Residential Move-
In Move-Out Inspection Report reflects that there is no visible evidence of mold in the Dwelling Unit or
that portion of the Premises which is occupied by Tenant. If the Landlord's Residential Move-In Move-Out
Inspection Report states that there is visible evidence of mold in the Dwelling Unit, Tenant shall have the
option to terminate the tenancy and not take possession or remain in possession of the Dwelling Unit. If
Tenant requests to take possession, or remain in possession, of the Dwelling Unit, notwithstanding the
presence of visible evidence of mold, Landlord shall promptly remediate the mold condition but in no event
later than five business days thereafter and re-inspect the Dwelling Unit to confirm there is no visible
evidence of mold in the Delling Unit, and reflect on a new Residential Move-In Move-Out Inspection
Report that there is no visible evidence of mold in the Dwelling Unit upon re-inspection.
b.
Locks. Landlord, at Tenant’s request and at Tenant’s sole cost and expense, will have all locks on the
Dwelling Unit rekeyed. Tenant may, at any time, ask Landlord to: (i) install one keyed deadbolt lock on all
exterior doors, if the Dwelling Unit does not already have one installed on each door; (ii) install a sliding
door pinlock and/or a security bar on each sliding glass door; (iii) install one door viewer on each exterior
door; and (iv) change or rekey locks during the Term. Landlord will comply with any such request at
Tenant’s cost and expense, in accordance with the amounts shown in the Damage Addendum, with all such
costs to be paid by Tenant as additional rent with the next monthly payment of Rent by Tenant after receipt
by Tenant of an invoice from Landlord.
c.
New Locks Pursuant to Court Order. Any Tenant who has obtained an order (excluding ex parte orders)
granting such Tenant possession of the Dwelling Unit to the exclusion of one or more other Tenants or
authorized occupants in accordance with the provisions of Section 55-248.18:1 of the VRLTA may request
Landlord to install new locks or other security devices on all exterior doors of the Dwelling Unit. Tenant
will reimburse Landlord’s actual costs for such new locks or security devices. All such costs will be paid
VAR FORM 200 REV. 8/11
PAGE 4 OF 14
by Tenant as additional rent with the next monthly payment of Rent by Tenant after receipt by Tenant of an
invoice from Landlord
6. USE, OCCUPANCY AND MAINTENANCE.
a.
Use. Tenant covenants that the Dwelling Unit will be used only as a dwelling unit and in a manner that
will not disturb neighboring tenants and that will not damage the Dwelling Unit or the Premises. Tenant
will not permit any authorized occupants or guests or invitees in or about the Dwelling Unit or the Premises
either to disturb neighboring tenants or to cause physical damage the Dwelling Unit or the Premises.
Tenant shall not deliberately or negligently destroy, deface, damage or impair any part of the Dwelling Unit
or the Premises (including fixtures, facilities and appliances) or permit any person to do so with or without
Tenant’s knowledge, and Tenant shall be responsible for any damage caused by Tenant’s failure to comply
with this requirement. Tenant shall give Landlord prompt notice if any such damage occurs.
b.
Occupancy. No persons, other than those named as Tenant and as authorized occupants in section 1(g) of
this Lease, may occupy the Dwelling Unit on a regular basis. For the purpose of this Lease, occupancy by
an unauthorized person for more than seven (7) calendar days consecutively, or fourteen (14) calendar days
in any calendar year, without prior written consent from Landlord, will constitute occupancy of the
Dwelling Unit on a regular basis will constitute a default under this Lease. If at any time more than one
person is named as a Tenant on this Lease, the obligations of each Tenant shall be joint and several.
c.
Assignment/Sublease. Tenant shall not assign this Lease or sublet any portion of the Dwelling Unit
without the prior written consent of Landlord, which consent Landlord will be under no obligation
whatsoever to grant. Landlord shall have the right to consider any assignment or sublease made without
Landlord’s prior written consent void.
d.
Compliance with Codes; Fixtures. Tenant shall comply with all obligations imposed by applicable building
and housing codes materially affecting health and safety, and shall keep the Dwelling Unit, including
plumbing and other fixtures, appliances, and facilities in a good, clean, safe and sanitary condition. Tenant
shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and
other fixtures, appliances, and facilities in the Dwelling Unit and shall maintain the utility services paid for
by Tenant on at all times during the Term. Tenant shall be responsible for any and all damages caused by
Tenant’s failure to comply with this requirement.
e.
Appliances. Tenant shall keep all appliances and equipment in good and clean condition, with the
exception of reasonable wear and tear. Tenant shall not install or use any other major appliances or
equipment in the Dwelling Unit without prior written permission of Landlord.
f.
Smoke Detectors. Tenant shall be responsible for reasonable care and maintenance of smoke detectors in
the Dwelling Unit in accordance with Section 55-248.16 Code of Virginia, and shall be responsible for
interim testing and for providing written notice to Landlord of the need for repair of any malfunctioning
smoke detector. Tenant shall not remove or tamper with any smoke detector, including removing any
working batteries, so as to render the detector inoperative. In accordance with Section 55-248.13 of the
Code of Virginia, Landlord, at Landlord’s expense, shall provide for the service, repair or replacement of
smoke detectors in need thereof within five (5) days of receipt of written notice from Tenant that a smoke
detector is in need of service, repair or replacement.
g.
Carbon Monoxide Detectors. Tenant shall have the right to install carbon monoxide detectors in the
Dwelling Unit at Tenant’s sole cost and expense in accordance with Section 55-248.18 of the VRLTA.
Tenant shall not remove or tamper with a properly functioning carbon monoxide detector, including
removing any working batteries, so as to render the detector inoperative. Neither Landlord nor Agent is
responsible in any way for the installation or use of a carbon monoxide detector installed by Tenant, and
Tenant agrees to hold Landlord and Agent harmless from any and all claims or losses arising therefrom,
and to indemnify Landlord and Agent from and against any and all claims, liability, loss or damage
therefore.
h.
Mold. Tenant will use reasonable efforts to maintain the Dwelling Unit in such a condition as to prevent
accumulation of moisture and the growth of mold, and to notify Landlord in writing promptly of any
moisture accumulation that occurs or of any visible evidence of mold discovered by Tenant. Tenant does
hereby release Landlord and Agent from any and all claims or liability to Tenant, Tenant’s authorized
occupants, or guests or invitees, and does hereby agree to indemnify and hold Landlord and Agent harmless
from and against any and all loss, damage, claim, suit, costs (including reasonable attorneys fees and costs
at all tribunal levels) or other liability whatsoever resulting from Tenant’s failure to comply with the
provisions of this subsection or any other provisions of law.
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