Residential Lease
(This is a legally binding contract. If not understood, seek competent advice before signing.)
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as the “Lease”) made and entered into this date __________________, by and between _________________________________________________________________________________________________ (“Landlord”) and _____________________________________________________________________________________________________ (collectively, “Tenant”). If more than one individual signs this Lease as a Tenant, each is jointly and severally responsible for all terms under this Lease. Landlord and Tenant may each be referred to individually as a “Party” or collectively as the “Parties”.
NOW, THEREFORE, for, and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:
1.SUMMARY OF LEASE AND DEFINED TERMS (the “Summary”):
a.Address of Dwelling Unit
_______________________________________________________________________________________________________________________
- Term
Commencement Date of Lease: ____________________________
Lease Term Ends:____________________________
Length of Term is: ____________________________
c. Fees and Charges
No fee shall be collected unless it is listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.
Periodic Rent
$________________Monthly Base Rent (Periodic Rent)
Prorated Rent
In the event Tenant and Landlord agree to an earlier move-in date as contemplated under this Lease, Tenant agrees to pay and Landlord agrees to accept prorated Rent equal to the following:
Beginning Date: _________________ End Date: _________________ Prorated Rent Amount: $__________________
Additional Charges and Fees:
$45.00Monthly Tenant Benefits Package Fee, Plus an additional $5.00 per month for each additional
Tenant (18 years and older) after the first 2 Tenants
$__________Monthly Pet Fee
$150.00One-time Non-Refundable Lease Processing Fee
$250.00One-time Non-Refundable Pet Fee, if applicable (per pet)
$200.00One-time Non-Refundable Lease Renewal Fee, if applicable
$500.00Unauthorized Pet Fee, per pet, per month, as applicable
$300.00Utility Administrative Fee, if applicable, in accordance with Section 14(a)
$125.00No-Show Administrative Fee, if applicable, in accordance with Section 15
$125.00No Access Administrative Fee, if applicable, in accordance with Sections 19(b) and 19(e)
$125.00Lockout Administrative Fee, if applicable, in accordance with Section 19(g)
$125.00Vendor Administrative Fee, if applicable, in accordance with Section 19(h)
$125.00 Court Attendance Administrative Fee, if applicable, in accordance with Section 31(a)
$50.00Insufficient Funds Fee, if applicable, in accordance with Section 54
$125.00Administrative Non-Compliance Fee, in accordance with Section 56
$250.00Lease Modification Administrative Fee
$95.00Attorney Filing Fee
All of the above charges and fees constitute additional rent due under the Lease.
Late Fee: 10% of the total Periodic Rent or 10% of the remaining balance due and owed by Tenant, whichever is less, payable in accordance with Section 36.
Other Fees and Charges
Security Deposits set forth in Section 1(e)
Collection Costs, if applicable, as set forth in Section 34(b)
This Section 1(c) may not include all charges Tenant may incur throughout the term of the Lease, including but not limited to charges for violations of the Lease or community rules, late charges, damage charges, cleaning charges, reasonable attorney's fees and other costs incurred in the event of a breach of your Lease obligations, and other charges that are expressly enumerated as Tenant expenses, all as provided for in the VRLTA and/or as otherwise specifically set forth in this Lease (collectively, the “Additional Charges”). These Additional Charges shall not constitute a “fee” due under the Lease.
d.Security Deposit:
Upon execution of this Lease, Tenant shall deposit with Renters Warehouse the sum of $______________, the receipt of which is hereby acknowledged, as security for the complete and faithful performance by Tenant of all terms and conditions of this Lease, and obligations imposed on Tenant by applicable Virginia law.
☐ Alternatively, if checked, Tenant has opted in to the Cash Security Deposit Waiver Program. In lieu of a Cash Security Deposit, Tenant has made a Bank Authorization in the amount of $______________. All other conditions in this section remain in effect other than the flow of Escrow monies. See Addendum-Security Deposit Waiver Program.
The Security Deposit shall be deposited with Landlord or Renters Warehouse, as checked below:
☐Landlord☐Renters Warehouse
- APPLICABILITY OF VIRGINIA LAW. This Lease is supplemented by, and is to be construed with, and interpreted by, the Code of Virginia (1950), as amended, and in particular the Virginia Residential Landlord Tenant Act contained in Chapter 55.1, Title 12 of the Code of Virginia (the “VRLTA”).
- AGENCY. Landlord hereby appoints TNR Property Services, Inc. d.b.a. Renters Warehouse SE Virginia (“Renters Warehouse”), to serve as Landlord’s authorized agent during the term of this Lease, and shall be referred to herein as “Renters Warehouse” or “Managing Agent”), with full and complete authority to engage in all aspects of the management of the Dwelling Unit on behalf of the Landlord. Managing Agent shall be entitled to receive a management fee from Landlord and its successors and assigns.
- TERM. Landlord leases to Tenant and Tenant leases from Landlord the Dwelling Unit together with all appurtenances thereto, for the term as listed in the “Summary”. The Lease shall be effective as of the Effective Date which is the date Landlord and Tenant sign the Lease.
5. RENT AND TOTAL AMOUNT DUE.
a.Rent. The total “Rent” for the initial Term of this Lease is set out in the Summary and includes both Periodic Rent and Additional Rent. Monthly payments of Periodic Rent are payable in advance, without demand, and in full without proration or setoff, on the first day of each calendar month for the entire month and shall be paid to Renters Warehouse at the office of Managing Agent or at such other place Managing Agent may designate. In accordance with 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. Any fees, late penalties or other amounts that may be due under the Lease (other than Periodic Rent and any Security Deposits), shall be considered Additional Rent due under this Lease, and failure to pay any such amounts when the next Periodic Rent is due, will be considered non-payment of Rent under this Lease, and Landlord may exercise all remedies available under this Lease. All Rent received shall be applied first by Landlord to other items that are not Periodic Rent, and thereafter to Periodic Rent due. When more than one Tenant has signed this Lease, the Tenants are jointly and severally liable and responsible for all Rent and any other payments made in connection with this Lease. Landlord is authorized to accept prepaid Rent in accordance with the provisions of the VRLTA. Upon the written request of Tenant, Landlord shall provide Tenant with an accounting of charges and payments in accordance with the VRLTA. Upon the initial execution of this Agreement, Tenant agrees to pay an Administrative Fee of $150.00.
b.Partial Rent. In the event partial rent payment is made or accepted at any time during or after the term, this does not constitute acceptance of a lower rent amount, but merely is credited as payment towards the full amount due. Full payment is required despite Managing Agent’s acceptance of any partial payment. Acceptance of partial payment does not imply a waiver of Landlord’s right to the balance of the rent due and owing for such month(s). Acceptance of partial payment does not waive the Managing Agent’s right to bring or maintain an eviction action or impose a Late Fee per Section 36 of this Lease. In fact, a partial payment is deemed as late payment. All payments will be applied first to any legal fees, late fees, administrative fees, fines and invoices whether acknowledged or not and then to the oldest outstanding rent payment exclusive of any judgment balance, in the sole judgment of the Managing Agent. A judgment will not be considered satisfied until such time as post-judgement balance on tenant ledger is 0.00.
c.Prorated Rent. While Rent may be prorated for less than a full month at the beginning of tenancy, Tenant must pay first full month's’ Rent at move in and the prorated amount is due the second month of tenancy. Additionally, if prorated rent begins on or after the 20th day of the month, both the prorated amount and the next full month's rent is due at move-in. Only rent is prorated and all other fees are due in full at move in and each month thereafter.
6.METHOD OF RENT PAYMENT. CASH IS NOT ACCEPTED. Tenant may use any of the approved payment methods indicated below to pay Rent to Managing Agent on behalf of the Landlord as required under this Lease, however, if Tenant uses any of the paper methods mentioned in subsections (b) and (c), Tenant will pay an additional $25.00 fee per payment. Tenant may avoid this charge by using any electronic payment method described below:
a.Online Payment. Online payment is the preferred method of rent payment. YOU MUST HAVE AND USE A VALID EMAIL ADDRESS AND A BANK ACCOUNT. When your account is set up, Renters Warehouse will send you an email so that you can activate the free Tenant Portal to make rent payments by draft from your bank account or credit card. A surcharge may be applied by a third party to all payments made by credit card transactions. If a bank transfer is rejected for any reason, Tenant will be assessed a Late Fee pursuant to Section 36 of this Lease. If payment is denied by the bank, an NSF fee of $50.00 will be charged to Tenant and the right to make online payments may be permanently revoked.
b. Payment by Mail. * Tenants may mail Rent payments in the form of a cashier’s check, personal check or money order through the United States Postal Service at Tenant’s risk. Any Rent payments late or lost in the mail will be treated as if unpaid until received by Renters Warehouse. If Tenant’s payment is dishonored, Tenant shall be charged an NSF fee of $50.00. Postdated checks are not accepted. All checks and money order payments shall be made to: Renters Warehouse and mailed to the following address: 1354 Kempsville Road Suite 102, Chesapeake VA 23320.
c. Rent Drop Box. * Renters Warehouse has a rent payment dropbox for Rent payments made after normal business hours. The drop box is clearly marked and located at our office to the left of the door at 1354 Kempsville Road Suite 102, Chesapeake VA 23320. The only Rent payments acceptable via the drop box are payments using a cashier’s check, personal check or money order. Do not deposit cash in the drop box, as it will not be considered a valid Rent payment.
d. Electronic Cash Payments. A payment coupon can be provided to you upon request. DO NOT THROW IT AWAY AS IT CAN BE USED OVER AND OVER! Just take this coupon to the most convenient 7-11, Ace Cash Express or CVS location and pay your rent to the person at checkout. There is a small vendor fee at checkout. You will receive a receipt and this will immediately be credited to your account.
* $25.00 paper payment fee applies to ALL cashier’s check, personal check or money order payment EXCEPT move in money. Landlord reserves the right to require certified funds and the paper payment fee is still due.
7.SECURITY DEPOSIT. Tenant hereby has deposited the sums Security Deposit sums specified, or opted to participate in the Cash Security Deposit Waiver Program, as set forth in the Summary, to secure the complete and faithful performance by Tenant of all the terms and conditions of this Lease, and of the obligations imposed on Tenant by the VRLTA.
- 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 which have been suffered, 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 the VRLTA, and actual damages for breach of the Lease, including attorneys’ fees and costs. Landlord shall have the right to apply the Security Deposit to any outstanding fees, charges or other amounts due first, and then to any unpaid Periodic Rent. If Tenant fully complies with all terms and conditions of this Lease, Landlord must return to Tenant any balance due from the Security Deposit as is required by law, within forty-five (45) days after termination of the tenancy or the date Tenant vacates the Dwelling Unit, whichever is later, provided all conditions contained in the guidelines found in the Tenant Handbook are met satisfactorily. Possession is defined as the delivery of all keys, including garage remotes, to Renters Warehouse including any copies made during tenancy. Renters Warehouse does not determine what amounts, if any, shall be deducted from the Security Deposit. This determination is made at the sole discretion of the Landlord, which decision may be supported by information provided by Renters Warehouse as to the condition of the Property at the time of the move-out inspection. Any inquiries or disputes with respect to any amounts deducted from the Security Deposit or the reasoning for the same shall be directed solely to the Landlord. In the event property ownership or property management has changed, the Landlord (not Renters Warehouse) shall be solely responsible for the return of the Security Deposit. In this event, Renters Warehouse shall not be liable for any damages, costs, fees, and/or penalties associated with non-payment, timely repayment or return of the Security Deposit and Tenant agrees to excuse Renters Warehouse from any such claim or cause of action upon receiving confirmation from Renters Warehouse of the then current Landlord’s name and address with confirmation that ownership or management has changed and that Renters Warehouse no longer maintains the Security Deposit. It is Renters Warehouse policy to furnish and ensure that in the event of such ownership or management change, any deposit held by Renters Warehouse shall be returned to Landlord or Tenant as may be required by law. If Tenant complies with all terms and conditions of the Lease and with the VRLTA, Landlord will return to Tenant the Security Deposit. Any interest earned on the Security Deposit shall be the property of Landlord, unless otherwise required by applicable law. If 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 the Tenant advising them of that fact within the 45-day period. If Landlord provides such notice, Landlord shall have an additional period as specified in the VRLTA to provide an itemization of the damages and the cost of repair. Nothing contained herein shall preclude Landlord from recovering other damages to which Landlord may be entitled to recover under this Lease or the VRLTA.
b. Forwarding Address. Tenant must provide Landlord written notice prior to vacating the Dwelling Unit of the forwarding address so that Landlord can forward to Tenant the Security Deposit disposition statement prior to the end of the applicable forty-five (45) day period. 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. If no forwarding address is provided to Landlord, upon the expiration of one year from the date of the end of the 45-day time period, Landlord may remit the balance of such Security Deposit to the State Treasurer as unclaimed property, in accordance with Section 55.1-1226(B) of the VRLTA. Upon payment to the State Treasurer, Landlord shall have no further liability to any Tenant relative to the Security Deposit.
c. Multiple Tenants. Where more than one Tenant signed the Lease, a violation or deduction to be made is joint and several, and the Landlord is not liable for any understanding that may exist between two or more Tenant(s) 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 the forwarding address provided to Landlord by written notice as required in subparagraph (b) above.
d. Move-Out Inspection. Under the VRLTA, the Landlord must make reasonable efforts to provide Tenant with notice of a right to be present at the time of the move-out inspection. Landlord will include in the vacating notice sufficient 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 must occur within 72 hours of the later of termination of the tenancy or the date tenant vacates. If Tenant fails to make such a request, Landlord will proceed to do the move-out inspection without Tenant being present.
e. Setoff Prohibited. Tenant has no right to deduct the Security Deposit from the rental payment for the last month of the term of this Lease.
f.Landlord’s Successor Obligated for Security Deposit. If Landlord in any way transfers its interests in the Dwelling Unit, Landlord will transfer the Security Deposit to the transferee and is thereafter released from all liability for the return of the Security Deposit to Tenant. Upon such transfer, Tenant agrees to look to the transferee solely for the return of the Security Deposit and to release Landlord and/or Managing Agent, as may be appropriate, from all obligations and liability relating thereto. If there is a dispute over the Security Deposit, the Managing Agent may file an interpleader action in general district court.
8.USE OF PREMISES.
a.Use. Any named Occupant under the age of 18 shall notify Managing Agent on or before the date they turn age 18, so that a background check can be conducted on or before the time of the next Lease renewal. Background check fees are the responsibility of the Tenant or Occupant. The Dwelling Unit shall be used solely for residential purposes and no part of the Dwelling Unit shall be used at any time during the term of this Agreement by Tenant for carrying on any business, profession, or trade of any kind, or for any purpose other than residential purposes. Tenant shall not allow any other person, other than Occupant’s or Temporary Guests to use or occupy the Dwelling Unit without first obtaining Landlord’s written consent to such use, and failure to comply will constitute a default under this Lease. “Temporary Guests” are such individuals as Tenant may allow from time to time to stay with the Tenant, which time shall not exceed more than 5 consecutive days/nights. Tenant be responsible for supervision of Temporary Guests, and shall not allow Temporary Guests to occupy the Dwelling Unit for any 24 hour or longer period in which the Tenant is away from the Dwelling Unit. No persons, other than those named Occupants and Tenant may occupy the Dwelling Unit on a regular basis. The Premises shall be used and occupied by Tenant and Tenant’s immediate family, which shall be limited to the following named occupants:
_____________________________________________________________________________________________________________________________
b.Change in Tenant or Occupants. Any change in the Tenant(s) to the Lease (i.e., a change in roommates) must be approved in advance by Landlord in accordance with Landlord’s requirements and procedures, and by all Tenant(s) listed on the Lease. If approved by all parties, then any such roommate change must be documented by a written amendment to the Lease executed by all parties to the Lease, and any new tenant, in order for such change to become effective. Tenant shall comply with all laws, ordinances, rules and orders of all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Dwelling Unit including but not limited to applicable Condominium and/or Property Owner Association Rules and Regulations, and the provisions of the VRLTA.
c.Tenant Duties. Tenant shall:
- Keep the Dwelling Unit in a good, clean, safe and sanitary condition, and report any needed maintenance items to Landlord;
- Comply with all applicable health and safety laws, and the Rules and Regulations (as may now exist or hereafter be adopted and/or amended);
- Use in a reasonable manner all utilities, services, facilities, appliances and equipment provided by Landlord, and to keep all such items as clean and safe as their condition permits;
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other fixtures, facilities and appliances in the Dwelling Unit, and shall maintain such services at all times during the occupancy of the Dwelling Unit. Tenant shall be responsible for any damage caused by their failure to comply with this requirement.
- Not deliberately or negligently destroy, deface, damage or impair any part of the Dwelling Unit (including fixtures, facilities and appliances) or permit any person to do so whether known by Tenant or not, and Tenant shall be responsible for any damage caused by their failure to comply with this requirement. Tenant shall give Landlord prompt notice if any such damage occurs;
- Conduct themselves and require other persons in the Dwelling Unit or with their consent, whether known by Tenant or not, to conduct themselves in a manner that will not disturb the peaceful enjoyment of others nor that will harass others, and to behave in a courteous and respectful manner to others, including without limitation, Landlord and any of their agents or employees, and any vendors who may access the Dwelling Unit in accordance with the terms of this Lease;
- Have the right to request in writing that Landlord install a carbon monoxide detector in the Dwelling Unit, the cost of which may be charged to Tenant as Additional Rent, in accordance with the VRLTA. Tenant shall not remove or tamper with a properly functioning smoke alarm or carbon monoxide detector, including removing any working batteries, so as to render the smoke alarm or carbon monoxide detector inoperative and, shall maintain the smoke alarm and any carbon monoxide detector in accordance with the requirements of the Uniform Statewide Building Code, including replacement of batteries. Tenant agrees to hold Landlord and Managing Agent harmless from any and all claims arising from its failure to comply with the requirements of this subsection, and to indemnify Landlord Managing Agent from any and all claims or liability therefor.
- Use reasonable efforts to maintain the Dwelling Unit in such a condition as to prevent the accumulation of moisture and the growth of mold, and to promptly notify Landlord in writing promptly of any moisture accumulation that occurs or of any visible evidence of mold discovered by Tenant. Tenant do hereby release Landlord and Managing Agent from any and all claims or liability to Tenant, Tenant’s authorized Occupants, or guests or invitees, and do hereby agree to indemnify and hold Landlord and Managing Agent harmless, from and against any and all loss, damage, claim, suit, costs (including reasonable attorneys’ fees and costs) or other liability whatsoever resulting from Tenant’s failure to comply with the provisions of this subsection or any other provisions of law;
- Use reasonable care to prevent any dog or other animal in possession of Tenant, authorized occupants, or guests or invitees from causing personal injuries to a third party in or around the Dwelling Unit, or property damage to the Dwelling Unit; and
- Not do and not permit to be done any act which will increase the fire hazard or rate of fire insurance for the Dwelling Unit, or any property thereon, obey all state and municipal laws and regulations relating to fire hazards, fire protection, and sanitation, and not commit any nuisance on the Dwelling Unit.
- Not paint or disturb any painted surfaces or make other alterations to the Dwelling Unit without Landlord’s prior written approval. Tenant shall notify Landlord in the event there is any chipped or peeling paint in the Dwelling Unit.
- Otherwise comply with the statutory obligations imposed on tenant(s) by the VRLTA.
d.Prohibited Conduct. Tenant and any other persons in or about the Dwelling Unit with consent of Tenant, including but not limited to members of the family, guests, invitees or authorized occupants, shall not engage in criminal activities or activities intended to facilitate criminal activities including any illegal drug-related activity in or around the Dwelling Unit, involving a controlled substance (as defined in Section 54.1-3401 of the Code of Virginia). “Illegal drug-related activity” means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use of a controlled substance. Tenant, guests, invitees or authorized occupants are prohibited from engaging in the manufacture, sale or distribution of illegal drugs at any location, whether on the Dwelling Unit or otherwise. Neither Tenant, guests or invitees or authorized occupants of Tenant may engage in acts of violence or threats of violence, including, but not limited to the unlawful discharge of firearms in the Dwelling Unit or on or near the Dwelling Unit. A single violation of any of these provisions shall constitute a non-remediable violation of the Lease and justification for termination thereof.
9.INSECTS AND PESTS. The Dwelling Unit is accepted as insect, rodent and pest free by the Tenant at the time of the occupancy. Tenant is responsible to spray the Dwelling Unit at Tenant’s expense to control all insects, rodents, vermin and all other nuisances. Any non-wood boring insects or other pests, to include rodents, not reported in writing within the first 7 days of the Lease are to be exterminated immediately and removed from the Dwelling Unit at Tenant’s expense. Tenant shall keep the Dwelling Unit free from insects and pests, and shall not knowingly bring any items into the Dwelling Unit that may contain pests or insects, such as used or discarded furniture or other personal property, without first professionally treating such items to eliminate any pests or insects. Tenant does hereby release Landlord and Managing Agent from any and all claims or liability to Tenant, Tenant’s authorized Occupants, or guests or invitees, and do hereby agree to indemnify and hold Landlord and Managing Agent harmless, from and against any and all loss, damage, claim, suit, costs (including reasonable attorneys’ fees and costs) or other liability whatsoever arising from the presence of insects or pests in the Dwelling Unit, and/or resulting from Tenants’ failure to comply with the provisions of this subsection or any other provisions of law. Tenant is responsible for any financial costs and expenses associated with these statutory obligations under the VRLTA, as referenced in this Lease.
10.CONDITION OF DWELLING UNIT. Tenant stipulates, represents and warrants that Tenant has visually examined the Dwelling Unit, and that it is, at the time of this Lease, in good order, repair and in a safe, clean and habitable condition. Furthermore, by signing this Lease, Tenant acknowledges and agrees that is has taken the Dwelling Unit “As-Is” unless otherwise noted in this Lease, or as required by applicable law. Tenant also agrees to the following:
a. Sewage System. Landlord warrants that the Dwelling Unit’s sewage drains are in good working order and that they will accept normal household waste for which they were designed. Tenant may not place any items into sinks, bathtubs or toilets, such as paper towels, diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, balls of hair, grease, oil, table scraps, sand, dirt, rocks, or newspapers. Do NOT use toilet cleaning materials which indicates it can be flushed down the toilet after use. Tenant will be responsible for any stoppages after the first 5 days of occupancy unless an issue was caused by a mechanical failure of the plumbing system. If the system becomes clogged after that date, Tenant is responsible for notifying Renters Warehouse and Renters Warehouse will dispatch the plumber of their choice to clear or repair the plumbing at Tenant's expense. Tenants agree to pay for cleaning the drains of all stoppages except for those in which the plumber who is called to clear the stoppage, will attest in writing were caused by defective plumbing, tree roots or acts of God. In the event of a sewage backup, Tenant agrees to call the City Public Works department and have them check the line from the street in addition to reporting the event to Managing Agent.
b. Move-in Inspection Report. Tenant shall be provided by Renters Warehouse, within five (5) calendar days after keys are delivered, a written report (Move-in Inspection Report) concerning the condition of the Dwelling Unit and unless otherwise indicated, Tenant agrees that there are working smoke detectors, no visible evidence of mold or any other property defects. Unless Tenant objects by delivering a written report to Renters Warehouse within five (5) days after receipt thereof, it shall be presumed that the Dwelling Unit is in good, fit and habitable condition except for any items noted on the Move-in Inspection Report. Landlord is not required to make repairs to address damages noted on the Move-In Inspection Report unless required by law. Any specific requests for repair or maintenance must be submitted by Tenant to Managing Agent as a work order.
11.ASSIGNMENT AND SUBLETTING. Tenant shall not assign, sublet or grant any license to use the Dwelling Unit or any part thereof (including short-term or temporary rentals of any kind, for example Airbnb, VRBO or similar).
- ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the building(s) or improvements on the Dwelling Unit, nor shall Tenant construct any building or make any alterations or improvements to the Dwelling Unit without the prior written consent of Landlord. Any and all approved alterations, changes and/or improvements built, constructed or placed on the Dwelling Unit by Tenant shall unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Dwelling Unit at the expiration or earlier termination of this Lease. This includes, but is not limited to, installation of any fixtures on the Dwelling Unit, including but not limited to satellite and/or cable services, which require bolting, drilling, and/or adhering equipment to the Dwelling Unit and any part thereof. In the alternative, Landlord may choose to require Tenant to restore Dwelling Unit to the condition they were in at the time of Lease commencement, prior to Lease termination. Specifically, and including but not limited to the following, Tenant shall not:
- Apply paint, stain, varnish, wallpaper, or contact paper to any portion of the Dwelling Unit, such as walls, ceilings, floors, doors, windows, molding, trim, shelves, or cabinets.
- Install any household improvements affecting the floors, walls, ceilings, doors, or windows of the Dwelling Unit; or
d.Store any hazardous materials, paint or solvents in the Dwelling Unit, or any other storage or garage areas (as applicable) that may be provided by Landlord, provided, however that ordinary household items may be stored in accordance with applicable law.
13.NON-DELIVERY OF POSSESSION. If Landlord is unable to deliver possession of the Dwelling Unit to Tenant on the Commencement Date of this Lease, through no fault of the Landlord, Landlord is not liable to Tenant for any damages other than to rebate any Rent paid by Tenant in advance and to return any security deposit which has been paid by Tenant. If Landlord cannot deliver possession of the Dwelling Unit or provide Tenant with a Dwelling Unit within ten (10) days of the Commencement Date of this Lease, this Lease can be terminated by either Landlord or Tenant by the giving five(5) days’ written notice to the other party.
14.UTILITIES AND APPLIANCES.
- Utilities. Tenant shall furnish, maintain and pay all charges lawfully assessed or imposed during the term of this lease upon the Dwelling Unit, including but not limited to water, trash, sewage, septic disposal, telephones, electricity, heating fuel and gas, if not provided by Landlord as indicated below. Tenant shall keep all essential utility services turned on, in and to the Dwelling Unit during any Lease term. Landlord is not liable for failure of any utilities, or for interruption of same if such failure or interruption is due to any cause beyond the control of Landlord. Tenant further understands and agrees to make arrangements and have all utilities in their name prior to possession) and failure to do so will result in a Utility Administrative Fee of $300. Tenant is responsible for all utilities except as otherwise specifically set forth herein. Tenant shall pay any and all deposits and monthly bills due to such utility provider(s).
Tenant is responsible for all utilities except those listed below:
- Water Billing by HOAs. Tenant shall be responsible for paying any bills for water usage billed by any homeowner or condominium association on a passthrough basis, as invoiced by Managing Agent.
- Heating and Oil. Heating oil and propane tanks shall be filled upon termination of Lease. To prevent damage, tank shall not be allowed to become empty and should always be refilled to full. Tenant shall buy oil only from Landlord’s approved oil company. Tenant shall make delivery and payment arrangements directly with the oil company and provide receipt of full tank delivery to Landlord upon move-out.
d.Appliances. Landlord provides all appliances, equipment and features listed below or described in the Move In Inspection:
Tenant shall keep all appliances, furniture, and equipment in good and clean condition, with the exception of reasonable wear and tear. Tenant acknowledges that all appliances provided by Landlord are in good condition and working order as of the Commencement Date of this Lease Agreement, except as otherwise noted on the Move-In Inspection Report, and that any such appliances and/or furniture are provided solely for the convenience of Tenant and remain the property of Landlord. Tenant shall be responsible for any damage to any appliances or furniture, reasonable wear and tear excepted. Tenant shall not install or use any other major appliances or equipment other than those provided by Landlord in the Dwelling Unit without Landlord’s prior written approval.
15.MAINTENANCE AND REPAIR; RULES. Landlord shall maintain the Dwelling Unit in a habitable condition always, subject to the following responsibilities of Tenant. Landlord shall keep the Dwelling Unit in reasonable repair during the term of the Lease, except when disrepair is caused by the willful, malicious or irresponsible conduct of Tenant. Tenant shall be responsible for any invoice in which the vendor finds no problems or if vendor has to demonstrate how to operate the system. Tenant agrees to maintain a temperature in the Dwelling Unit sufficient to prevent the freezing of any plumbing or heating equipment and pipes and assumes the responsibility for any damage thereto as the result of Tenant’s breach of the foregoing obligation. Tenant agrees to care for and maintain the Dwelling Unit, equipment, appliances and fixtures. If Tenant learns that a defect exists, they shall promptly notify Landlord of the defect, otherwise, Tenant will be liable for the costs of any such additional damage, which might have been avoided had the Tenant promptly notified the Landlord of the defect. Tenant agrees to pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the Dwelling Unit by Tenant or by any of Tenant’s guests or other persons on the Dwelling Unit with or without Tenant’s consent. Tenant further agrees that all maintenance requests that are approved and assigned to a contractor, that the contractor will coordinate directly with the Tenant to schedule the repair work and that Tenant is solely responsible for ensuring an adult 18 years of age or older meets the contractor at the property to grant access. In the event of a no-show by the Tenant or Tenant’s representative to meet the contractor at the agreed to time, Tenant will be charged a No-Show Administrative Fee of $125.00 per occurrence. In the event Tenant has a maintenance issue arise during the term of this Lease that does not fall within the duties outlined in your Tenant Handbook, written notice specifying the issue must be provided to Landlord or Renters Warehouse. Without limiting the generality of the foregoing, Tenant shall:
a. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for ingress and egress only;
b. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; be responsible for any damaged or broken glass or screens;
c. Not obstruct or cover the windows or doors other than with blinds or window treatments installed or approved by Landlord;
d. Not leave windows or doors in an open position during any inclement weather;
e. Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony, nor air dry any of same within any yard area or space;
f. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
g. Keep all air conditioning equipment filters clean and free from dirt. When the outside temperatures are below freezing, heating systems are working if they heat the property to 65 degrees or better. In the summer months, air conditioning systems are working properly if they are cooling the air within 20 degrees of the outside temperature. If Tenant places a service call to report a problem with heat or air conditioning and the Renters Warehouse approved technician determines the system to be in normal working order, or if a failure of the system to work is caused by the Tenant through neglect or even not understanding how to operate the system or controls (thermostat), then the Tenant will be solely responsible for the cost of the service call.
h. Neither the Landlord or Managing Agent shall be held responsible for loss of food from refrigerator or freezer breakdown and WILL NOT offer compensation for such an event.
i. Keep all lavatories, sinks, toilets, tubs, disposals, pump systems and all other water plumbing apparatus in good order and repair and shall use the same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, sand, rags, ashes, bones, grease or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
j. Tenant, Occupant(s) and guests of Tenant or Occupant shall always maintain order in the Dwelling Unit and at all places on the Dwelling Unit, and shall not make or permit any loud or improper nuisance, noises or otherwise disturb other residents or neighbors;
k.Keep all radios, television sets, stereos, etc., turned down to a level of sound that does not unreasonably annoy or interfere with other residents or neighbors;
l. Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
m. Abide by and be bound the Governing Documents and/or any rules and regulations of any homeowners association affecting the Dwelling Unit or the common area appurtenant thereto;
n. Leaking pipes, unless caused by negligence of Tenant, are to be repaired by the Landlord within a reasonable time after notice, but the Landlord shall not be liable for any damages resulting from such leaks and/or overflows. Alteration of plumbing, appliances or fixtures is strictly prohibited;
o. No signs, placards or advertising shall be placed on the Dwelling Unit by Tenant or others without the prior written consent of the Landlord;
p. No trampolines, pools, spas, hot tubs, dog houses, junk cars, playground equipment or any item which may cause the suspension or cancellation of insurance coverage or increase in premium are to be allowed at the Dwelling Unit.
q. Tenant expressly agrees to keep the lawn, shrubbery and exterior of the Dwelling Unit in a neat and orderly manner during the entire term of the Lease unless such services are provided. Tenant agrees to trim all shrubbery at approximately the same height it was upon taking possession. Tenant agrees to weed any and all planting beds throughout the growing season to present a neat and orderly appearance.
r. Light bulbs, batteries and filters of any kind are Tenant’s expense and responsibility; test all smoke detectors regularly and change the batteries at least every 6 months.
s. Tenant agrees that any abandoned, unlicensed, derelict, inoperable and / or wrongfully parked vehicles on the Dwelling Unit may be towed off the Dwelling Unit by a hired towing company, at your expense. Tenant further agrees not to store and / or park any vehicle, trailer, camper, boat, or any other similar recreational item or vehicle on the Dwelling Unit without Managing Agent’s written consent. Tenant agrees not to store and / or park any commercial or public vehicle on the Dwelling Unit under any conditions. Tenant agrees not to make any repairs of the aforementioned motor vehicle and / or recreational items on the Dwelling Unit without Managing Agent’s written consent. Managing Agent may regulate the time, manner, and place of parking cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles. Managing Agent may have illegally parked vehicles towed without notice. A vehicle is prohibited from the Dwelling Unit if it: (1) has flat tires or other conditions rendering it inoperable; (2) has an expired license or inspection sticker; (3) takes up more than one parking space; (4) belongs to a resident or occupant who has surrendered or abandoned the Dwelling Unit; (5) blocks another vehicle from exiting; (6) is parked in a fire lane or designated “no parking” area; or (7) is parked in a space marked for other resident(s) or unit(s). Tenant will pay for the cost of removal of oil, drips, or stains in any assigned driveway, parking area or garage.
t. Tenant agrees to de-ice and shovel snow from driveways and sidewalks when applicable;
u. Not all rental properties have window treatments, nor do all cities require that rental properties have window treatments. In renting the Dwelling Unit, Tenant accepts the current condition of the window treatments, whether none present, partially present or fully present. Landlord gives permission to Tenant to install window treatments, which are agreed to in advance by Landlord, which must be installed at Tenant's sole expense, and which must remain in the Dwelling Unit upon the expiration or termination of the Lease. If such window treatments are removed by Tenant, Tenant agrees to repair all damage caused by the installation or removal of the window treatments from Dwelling Unit.
v. Tenant shall not keep on the Dwelling Unit any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Dwelling Unit, including, but not limited to kerosene heaters or other heating devices other than those provided or which might be considered hazardous by any responsible insurance company.
16.PERSONAL PROPERTY OF TENANT. Any item of personal property which is left on the Dwelling Unit after Tenant abandons or otherwise vacates the Dwelling Unit will be considered abandoned property. Landlord may dispose of abandoned property as it sees fit or appropriate, provided, however, that Landlord has given Tenant the required notice in accordance with the VRLTA. Landlord may dispose of abandoned property within the applicable twenty-four (24) hour period, provided that Tenant has the right to remove the Tenant’s personal property at reasonable times during normal business hours, during the twenty-four (24) hour period or until Landlord actually disposes of the Property. The Landlord shall not have any liability for the risk of loss for Tenant’s personal property during the twenty-four (24) hour period, or until the property is disposed of.
- NOTICE OF ABSENCE BY TENANT. Tenant must give Landlord written notice of Tenant’s anticipated extended absence from the Dwelling Unit in excess of seven (7) days. Tenant agrees that, during any such absence from the Dwelling Unit, Landlord may enter the Dwelling Unit at times reasonably necessary to protect the Dwelling Unit and any property belonging to Landlord in or on the Dwelling Unit. If Tenant fails to give such notice or if the Landlord cannot determine whether the Dwelling Unit has been abandoned, then Landlord shall deliver a written notice to the Tenant requiring the Tenant to notify the Landlord in writing within seven (7) days of their intent to continue to occupy the Dwelling Unit. Unless the Landlord receives such notice within the seven (7) day period or otherwise determines that the Tenant remain in occupancy of the Dwelling Unit, then the Landlord may treat the Dwelling Unit as having been abandoned, and the Lease shall terminate effective the last day of the seven (7) day notice period. The Landlord may recover any actual damages sustained the last day of the seven (7) day notice period. The Landlord may recover any actual damages sustained.
- DAMAGE TO DWELLING UNIT. If the Dwelling Unit is damaged by fire or other casualty, by the failure of or malfunction of any equipment or utilities serving the Dwelling Unit, Tenant shall promptly notify Landlord. If, in the sole determination of Landlord, such damage does not render the Dwelling Unit substantially impaired or require repairs requiring Tenant to vacate the Dwelling Unit, Landlord shall repair the same within a reasonable period of time after delivery by Tenant to Landlord of written notice of such damage, and Rent shall not abate during the period of such repairs. If the Dwelling Unit or any part thereof is damaged by fire or other casualty to such an extent that use of the Dwelling Unit is substantially impaired, or required repairs can be made only by Tenant vacating the Dwelling Unit, in the sole determination of Landlord, either Landlord or Tenant shall have the right to terminate the Lease in accordance with the terms of the VRLTA by giving to the other party at least fourteen (14) days’ notice of termination. Landlord shall account to Tenant for the Security Deposit and prepaid Rent, if applicable, based upon the damage or casualty. However, if Landlord reasonably believe that Tenant, Tenant’s guests, invitees or authorized occupants were the cause of the damage or casualty, Landlord shall so notify Tenant and make disposition of the Security Deposit and any prepaid Rent by advising Tenant that such funds will be held until a determination is made of the amount of damages caused by Tenant’s acts. If the damage to the Dwelling Unit was caused by the deliberate or negligent act of the Tenant, or Tenant’s guests or invitees, Landlord shall terminate the Lease, and the Tenant shall be liable for any and all damages arising from any such acts. Landlord shall have the right to apply the Security Deposit and prepaid Rent to the damage so caused by Tenant, Tenant’s guests, invitees, or authorized occupants. Except as otherwise provided herein. Tenant hereby releases Landlord from any and all liability, loss, damage, or claim resulting from any casualty, and shall require its insurer to waive any rights of subrogation against Landlord. Landlord retains any rights of subrogation against Tenant.
- LANDLORD’S ACCESS TO DWELLING UNIT; REPAIRS.
- Landlord, Managing Agent and their authorized agents, vendors shall have reasonable access to the Dwelling Unit for lawful purposes in order to inspect the Dwelling Unit, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the Dwelling Unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. Landlord will give Tenant at least 72 hours’ notice of routine maintenance to be performed that has not been requested by Tenant. Landlord shall not be required to provide prior notice to Tenant for any maintenance requested by Tenant, and Tenant shall be deemed to provide permission to Landlord and/or its authorized vendors to complete the work order. Any maintenance request by one Tenant shall be deemed a maintenance request made by all Tenants. Landlord may enter the Dwelling Unit without Tenant’s consent in cases of emergency. Landlord shall provide Tenant at least 24 hours’ notice for any other access to the Dwelling Unit not otherwise specified herein.
- Tenant agrees to cooperate with showings of the property for sale and re-rental, and keep it in a presentable condition. If Agents are denied access or are not able to access the property because of Tenant’s failure to make the property accessible, then Tenant shall be required to pay the No Access Administrative Fee set forth in Section 1(c).
- During the Lease Term, Landlord may post a “For Rent” sign in a conspicuous place on the Dwelling Unit, to be selected by Landlord, and Tenant shall cooperate with any such showings.
- Landlord shall give written notice to Tenant no less than 48 hours prior to an application of an insecticide or pesticide in the Dwelling Unit in accordance with the VRLTA, if applicable. Subject to the provisions of Section 9, if Tenant requests the application of the insecticide or pesticide, no prior notice is required.
- If Tenant refuses to allow or prevents access to Landlord as provided herein, in addition to any other remedies available at law or in equity, Tenant shall be required to pay No Access Administrative Fee set forth in Section 1(c), and Landlord may obtain injunctive relief to compel access or may terminate this Lease. In either case, Landlord may recover actual damages sustained and reasonable attorney’s fees.
- In the event there is a non-emergency property condition, including a mold condition that requires Tenant to temporarily vacate the Dwelling Unit to make the necessary repairs, in the sole determination of Landlord, the Landlord may upon no less than thirty (30) days’ prior written notice to Tenant (or such sooner period as may be agreed to by the parties), require the Tenant to temporarily vacate the Dwelling Unit at no expense or cost to Tenant for a period of not more than thirty (30) days, to a comparable dwelling unit selected by Landlord, or at Landlord’s option to a hotel room. Tenant shall continue to be responsible for all Rent due under the Lease without abatement and shall comply with all other terms and conditions of the Lease during any period of temporary relocation. If the Landlord properly remedies the non-emergency property condition, or the mold condition in accordance with professional standards (as defined in the VRLTA), the Tenant shall have no right to terminate the Lease as a result of such condition.
- You are solely responsible for the cost to replace lost keys, garage door remotes and any lockout services. You are responsible for paying a Lock-out Administrative Fee for coordinating replacement of these items is $125.00.
- Tenant acknowledges and agrees that all repairs required during the tenancy must be scheduled and coordinated directly with vendors designated by Renters Warehouse SE Virginia. Failure to promptly schedule and cooperate with the designated vendors in gaining access to the property for repair purposes may result in an authorized agent accompanying the vendor to facilitate access and perform necessary repairs. In such instances, Tenant shall be responsible for a Vendor Administrative Fee of $125.00 per occurrence, which shall be charged to Tenant's account.
- LIABILITY OF LANDLORD AND MANAGING AGENT. Landlord may only be liable to Tenant for damages proximately caused by Landlord’s breach of the VRLTA or a specific provision of this Lease. Landlord and Managing Agent shall not be liable for negligence or tort. Landlord and Managing Agent are not liable for matters outside the dominion or control of Landlord or Managing Agent, including but not limited to: failure of utilities or services; acts of God; and any injuries or damages to persons or property either caused by, or resulting from, falling plaster, dampness, overflow, or leakage upon or into the Dwelling Unit of water, rain, snow, ice, sewage, steam, gas, or electricity, or by any breakage in or malfunction of pipes, plumbing, fixtures, air conditioners, or appliances, or leakage, breakage, or obstruction of soil pipes, nor for any injury or damage from any other cause. Tenant acknowledges that any security measures provided by Landlord or Managing Agent will not be treated by Tenant as a guarantee against crime or a reduction in the risk of crime. Landlord and Managing Agent will not be liable to Tenant or any guest, invitee, or occupant for injury, damage or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. Landlord and Managing Agent are not required to furnish security personnel, security lighting, security gates or fences, or other forms of security, and are not liable for any failure of such items if any such items are provided. If employees of the Landlord or Managing Agent are requested to render services not contemplated in this Lease, Tenant will hold Landlord harmless from all liability for same. If information on Tenant or Tenant’s rental history is requested by others for law enforcement or business purposes, Landlord may provide same in accordance with the VRLTA. Landlord and Managing Agent, in addition, shall not be liable under any circumstances of Tenant’s failure to provide Landlord with prompt notice of any conditions existing in or on the Dwelling Unit. Tenant hereby releases Landlord and Managing Agent from any and all such liability and agree to indemnify Landlord and Managing Agent for such losses, with respect to Tenant, and all authorized Occupants, and guests or invitees of Tenant.
21.CONDEMNATION. If all, or a substantial part, of the Dwelling Unit shall be acquired for any public use by the right of eminent domain, or private purchase in lieu of such right, by a public body vested with the power of eminent domain, or otherwise acquired by a public body, this Lease and all rights of Tenant under it shall immediately terminate. The Rent shall be adjusted as of the time of such acquisition, but Tenant shall have no claim against Landlord for any value of the unexpired Term, nor shall Tenant be entitled to any part of the condemnation award or purchase in lieu of such award.
22.MILITARY.
a.Any member of the Armed Forces of the United States or a member of the National Guard serving on full-time duty or as a Civil Service technician with the National Guard may, through the procedure detailed in subsection (b), terminate this Lease if the member (i) has received permanent change of station orders, (ii) has received temporary duty orders in excess of three months' duration, (iii) is discharged or released from active duty with the Armed Forces of the United States or from his full-time duty or technician status with the National Guard, (iv) is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters, or (v) has received a stop movement order in response to a local, national, or global emergency that is effective for an indefinite period or for a period of not less than 30 days and that prevents the member from occupying the Dwelling Unit for a residential purpose.
b. If Tenant qualifies to terminate this Lease pursuant to subsection (a) of this section, and in accordance with the VRLTA, Tenant may do so by serving on the Landlord a written notice of termination to be effective on a date stated in such written notice, such date to be not less than 30 days after the next Periodic Rent due date. The termination date shall also be no more than sixty (60) days prior to the date of departure necessary to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. Prior to the termination date, Tenant shall furnish Landlord with a copy of the official notification of the orders, or a signed letter confirming the orders, from Tenant’s commanding officer.
c. Nothing in this Section shall limit the amount of the Security Deposit that Landlord may hold as provided in
the Summary.
23.SUBORDINATION OF LEASE. This Lease and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to all mortgages, liens or encumbrances now or hereafter placed on Dwelling Unit by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and all renewals, extensions or modifications of such mortgages, liens or encumbrances.
24.FINANCIAL RESPONSIBILITY. If the Landlord is required to pay money or other consideration to Tenant, Tenant agrees that such financial obligation(s) will be satisfied solely from the Landlord’s estate and interest in the Dwelling Unit, or the proceeds thereof, so that Landlord, and Managing Agent, will incur no individual liability for such financial obligations.
25.HOLDOVER BY TENANT. If this Lease or Tenant's right of possession is terminated and Tenant fails to vacate the Dwelling Unit when required, Landlord may immediately bring an action for possession of the Property. In addition, Tenant shall pay Landlord rent at a rate equal to 150% (or 100% for any HUD properties) of the rent payable immediately prior to termination on a per diem basis, for each month, or part of a month, that Tenant fails to deliver possession of the Dwelling Unit to Landlord. Tenant shall also be liable for any other damages Landlord and Agent may incur in accordance with the VRLTA because of Tenant's failure to vacate the Dwelling Unit, including without limitation costs payable to a new tenant for moving, storage, meals, lodging and mileage. Time is of the essence for all of Tenant's obligations under this Lease. In addition, if Tenant remains in the Dwelling Unit after termination or expiration of the Lease and no new Lease is entered into, the terms of the Lease shall remain in effect, except that the amount of Periodic Rent shall be either as provided in the terminated Lease, or as provided by Landlord in a written notice to Tenant. Such new Periodic Rent amount shall take effect on the next Periodic Rent due date following thirty (30) days after the notice. Nothing herein shall be deemed to create a right on the part of Tenant to holdover after the required departure date.
26. SURRENDER OF DWELLING UNIT. Upon the expiration or termination of the Lease and any extensions thereof, Tenant shall surrender the Dwelling Unit in as good of state and condition as they were in at the Commencement Date of this Lease, reasonable wear and tear from ordinary use excepted, and must pay for all damages or assessments for damages made by Landlord against Tenant, in accordance with the provisions of this Lease and applicable law, and as Landlord reasonably determines. Landlord will proceed with all work, if required, at Tenant expense without further notice to Tenant. Receipts for any required cleanings, inspections, etc. shall be provided by Tenant to Managing Agent at the time of move out.
27.ANIMALS- PETS AND ASSISTANCE ANIMALS.
a.No animals of any kind will be allowed to be kept or maintained in the Dwelling Unit without Landlord or Managing Agent’s prior written consent. Renters Warehouse’s third-party animal screening vendor shall perform an initial screen on all animals. Pet/Animal descriptions are found in the profile at petscreening.com and are part of this Lease Agreement. For any pets approved by Landlord or Managing Agent, Tenant must enter into a Pet Addendum. Tenant agrees to pay a one-time non-refundable Pet Fee of $250.00 per pet and a Monthly Pet Fee based on the Paw Score, determined by Managing Agent’s third-party pet screening company, as described below for each pet during the duration of this Lease. Failure to pay these fees is considered a default under the terms of the Lease.
5 paw is $25 / 4 paw is $30 / 3 paw is $35 / 2 paw is $40 / 1 paw is $45
- Any request for an assistance animal must be made pursuant to a reasonable accommodation request, which shall include among other things an appropriate verification of disability and the disability-related need for the request being made. No fees or deposits shall be charged for an assistance animal approved under a reasonable accommodation request.
- If Tenant has any unauthorized animals in the Dwelling Unit in violation of the provisions of this Section 27 of the Lease, Tenant shall pay an Unauthorized Animal Fee of $500.00, per animal, for each month the violation continues. In addition, the Landlord may require Tenant to remove the animal or terminate this Lease. Regardless of Landlord's consent, Tenant shall be liable for any damages caused by the animal, including carpet cleaning/replacement and pest treatment, even if not discovered until up to 45 days after the end of the Lease term. If Tenant later requests Landlord or Agent to approve an unauthorized animal, Landlord or Managing Agent may approve or reject the request in its sole discretion. In the event that Landlord or Managing Agent approves such request, except for an approved assistance animal, Tenant shall be required to pay all applicable pet deposits, rent and fees.
- Landlord or Managing Agent may revoke its consent of any animal, and require immediate removal of the animal, if the animal is found to constitute a nuisance, becomes dangerous to others, including without limitation other residents or guests, to Landlord, Managing Agent, or to other animals; or if such animal becomes the subject of reasonable complaints by other tenants, as determined by Landlord or Managing Agent in its sole discretion. All approved pets/animals must be rescreened annually on or before the anniversary of the start date of this lease. Failure to do so may result in the assessment of an Unauthorized Pet Fee.
- Tenant accepts full responsibility for keeping all pets and/or assistance animals under control at all times and must comply with any and all governmental and community ordinances or any property damage or personal injury shall be the sole responsibility of Tenant. TENANT HEREWITH RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS OWNER AND MANAGING AGENT FOR ANY PROPERTY DAMAGE, PERSONAL INJURY OR ANY OTHER LIABILITY INCURRED BECAUSE OF ANY PET/ANIMAL OWNED OR MAINTAINED BY TENANT, INCLUDING BUT NOT LIMITED TO ACTUAL DAMAGES, PUNITIVE DAMAGES, ATTORNEY’S FEES AND COSTS OF DEFENDING THIS ACTION. Tenant shall comply with the following:
i. Not leave the pets/assistance animals unattended for any unreasonable periods.
ii.Keep pets/assistance animals from being unnecessarily noisy or aggressive causing annoyance or discomfort to others and will immediately remedy any complaints.
iii. To permanently remove the pets/assistance animals if the owner is ever contacted by the Police Department regarding complaints.
- If Tenant permits an animal on the Dwelling Unit, Renters Warehouse or Landlord will have all carpets professionally cleaned, treated for urine and deodorized as well as having the Dwelling Unit professionally exterminated at the end of the Term, at Tenant’s expense even if it requires replacing carpets (with no consideration given for the condition or age of the carpet at the move-in date).
Tenant Agrees to the following:
Non-refundable pet fee:
- QUIET ENJOYMENT. Tenant, upon payment of all the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreement contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Dwelling Unit for the Term hereof.
29. INDEMNIFICATION. Neither Landlord nor Renters Warehouse shall be liable for damage or injury of or to Tenant, Occupant, or Tenant's guests, invitees or agents, or to any person entering the Dwelling Unit or the building of which the Dwelling Unit are a part, or to goods or equipment, or in the structure or equipment of the structure of which the Dwelling Unit are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims or assertions of every kind and nature except those arising from the intentional misconduct or gross negligence of Landlord or Renters Warehouse.
30. NON-COMPLIANCE WITH LEASE. Under the VRLTA and this Lease, Landlord may terminate this tenancy during the term of the Lease upon one of the following:
a.Material Noncompliance by Tenant Failing to Pay Rent When Due. If Tenant fails to pay Rent when due or pay Rent with a bad check or failed electronic funds transfer, and such failure continues after Landlord has delivered Tenant a five-day written notice of material noncompliance for failure to pay Rent, Tenant shall be in default, and Landlord may terminate this Lease and Tenant’s right to possession, and seek such damages as are appropriate under this Lease and the VRLTA.
b.Material Noncompliance by Tenant Which Can Be Remedied Within 21 Days. If Tenant fails to comply materially with any other provision of this Lease that can be remedied, Landlord may deliver Tenant a written material noncompliance notice stating that if Tenant does not remedy the specified noncompliance(s) within twenty-one (21) days after receipt of such notice, then if such noncompliance is remediable, this Lease will terminate thirty (30) days after Landlord has delivered Tenant such notice.
c.Repeat Violations. If Tenant has received a prior written notice that required Tenant to remedy a breach, and Tenant remedied such breach, if Tenant commits a subsequent breach of a like nature as the prior breach, Landlord may deliver Tenant a thirty (30) day termination written notice for such repeat violation. Such written notice must reference the prior breach of a like nature and state that the Lease will terminate in thirty (30) days for the reasons stated therein without allowing Tenant an opportunity to remedy such subsequent breach.
d.Non-Remediable Violations/Criminal Acts. If Tenant commits a material noncompliance that is not remediable, including without limitation certain criminal acts, then Landlord may exercise all remedies available under the VRLTA.
e.Material Noncompliance by Tenant Which Can Be Remedied by Repairs, Cleaning or Replacement. If Tenant commits a material noncompliance that can be remedied by repair, cleaning or replacement, Landlord shall deliver Tenant written notice specifying the breach and stating that Landlord, Agent, or their authorized agents or vendors, will enter the Dwelling Unit and perform the work. Once the work is complete, Landlord will charge Tenant for such work, and such amounts are due as Rent on the next Periodic Rent due date, or if this Lease is terminated, immediate payment is due.
f.Remedies Available to Landlord Upon Termination of Lease. In the event of a breach of the Lease or noncompliance by Tenant, Landlord shall be entitled to recover from Tenant the following, regardless of whether or not a lawsuit is filed or an order obtained from a court, amounts as contracted for in the Lease including: (i) Rent due and owing (through the end of the month of the court date if a lawsuit is pending); (ii) other charges and fees; (iii) late charges, (iv) reasonable attorney’s fees, unless in a court action the Tenant proved by a preponderance of the evidence that Tenant’s failure to pay Rent or vacate was reasonable; (v) costs of collection; (vi) costs of the proceeding as provided by law if a court action has been filed; and (viii) damages to the Dwelling Unit.
g.Compliance with Federal & State regulations not waived by Landlord. Compliance with any and all applicable federal regulations, if applicable, by Landlord, including but not limited to interim and annual recertifications, and acceptance of rent and/or utility allowances paid by or on behalf of any governmental authority of agency to Landlord on behalf of Tenant under the VRLTA and any applicable federal and state regulations.
h.Family Abuse. If a Tenant is a victim of family abuse as defined in the VRLTA, and the perpetrator is barred from the Dwelling Unit pursuant to the VRLTA based upon information provided by Tenant to Landlord, or by a protective order issued by a court of competent jurisdiction, Landlord may not terminate this Lease due solely by an act of family abuse against a Tenant. However, the provisions of the preceding sentence shall not apply if: (i) Tenant fails to provide Landlord, not later than twenty-one (21) days after the alleged offense, with written documentation corroborating Tenant’s status as a victim of family abuse and the exclusion of the perpetrator from the Dwelling Unit; or (ii) the perpetrator returns to the Dwelling Unit in violation of the bar notice, and Tenant fails to so notify Landlord with 24 hours, subject to the provisions of the VRLTA.
31.PROCESSING OF DEFAULT. Renters Warehouse and or its attorney is authorized to institute on behalf of the Landlord, all legal actions or proceedings for the enforcement of any Lease term, for the collection of Rent or other income for the Dwelling Unit or for the eviction of Tenant or Occupants from the Dwelling Unit. Renters Warehouse and or its attorney is authorized to sign and serve such notices on behalf of Landlord as it deems necessary for enforcement of Lease and Tenant will accept such notice from Renters Warehouse and or its attorney as equivalent to receiving the same notice from Landlord.
a.Legal Costs: If Managing Agent or Attorney prepares and sends to you or files any document or updates any external database with the Courts or other relevant agencies including credit reporting agencies in the process of Lease enforcement as described below, including processing any documents related to city violations, HOA/Condo Association violations or any other administrative effort based on any violation whatsoever while this Lease is in place, Tenant agrees to pay the cost of filing each document and an Administrative Fee of $50.00 per document and Attorney’s Fees. If attendance in Court by Managing Agent is required to enforce any provision of this Lease, then there shall be a Court Attendance Administrative Fee of $125.00 per occurrence and/or Attorney’s fees.
b.Collections Costs: If Tenant vacates owing monies and fails to pay the unpaid charges demanded within thirty (30) days of vacating the Property, Tenant agrees to pay (in addition to the sums owed/demanded) an amount equal to the greater of $1,000.00 or one month’s rent as an additional Administrative Fee to Managing Agent. If we initiate collections either through a third party collection firm or in-house, Tenant agrees to pay any and all legal and related costs of collection, including mediation and arbitration fees, with or without suit, including Attorney’s fees and court costs.
32. LATE FEE. If any payment required to be paid by Tenant hereunder is not made on or before the due date, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a “Late Fee” equal to the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed, time being of the essence. Failure to impose or collect such Late Fee by Landlord does not mean that Landlord has accepted payments as timely. Failure to impose or collect such Late Fee does not imply that Landlord or Renters Warehouse accepts late payments, nor does it change the date Rent is due hereunder. In the event any payments or fees are not paid when due, Tenant may be subject to all available legal remedies, including but not limited to eviction, negative credit reporting, wage garnishments and/or collection. Furthermore, all past due rent or other money owed to Landlord which is unpaid shall bear interest at a rate of Six Percent (6.00%) per annum from the date on which such money becomes due and payable. This provision shall survive Lease termination.
- UNLAWFUL DETAINERS; ACCEPTANCE OF RENT WITH RESERVATION. Landlord may accept full or partial payment of all Rent and receive an order of eviction from a court of competent jurisdiction pursuant to an unlawful detainer action filed under the provisions of the Code of Virginia, and proceed with eviction; provided that the Landlord has stated in a written notice to Tenant that any and all amounts owed to the Landlord by Tenant, including payment of any rent, damages, money judgment, award of attorney fees, costs of collection, and court costs, would be accepted with reservation and would not constitute a waiver of the Landlord's right to evict Tenant from the Dwelling Unit. Such notice may be included in a written termination notice given by the Landlord to Tenant in accordance with the VRLTA, and if so included, nothing herein shall be construed by a court of law or otherwise as requiring Landlord to give Tenant subsequent written notice. Writs of eviction in cases of unlawful entry and detainer are subject to the Code of Virginia. In cases of unlawful detainer for the nonpayment of Rent only, Resident(s) may pay by cashier’s check, certified check or money order, to Landlord or Landlord’s attorney, or pay into court no later than 48 hours prior to a scheduled eviction all: (i) Rent due and owing through the end of the month of the court date as set forth in this Lease, (ii) other charges and fees set forth in this Lease, (iii) late charges specified in this Lease, (iv) reasonable attorney fees as set forth in this Lease or as provided by law, (v) costs of collection; (vi) costs of the proceeding as provided by law, and (vii) any other amounts permitted by law, including without limitation any civil recovery and sheriff’s fees for service of the writ (if payment is made after service); in which case Landlord shall cancel a pending eviction.
34. EXTENDED ABSENCES. If Tenant will be away from the Dwelling Unit for more than 7 consecutive days, Tenant agrees and is required to notify Landlord or Renters Warehouse, as Landlord’s Agent, in writing of such absence. During such absence, Landlord or a representative of Renters Warehouse may enter the Dwelling Unit at times reasonably necessary to maintain the Dwelling Unit and inspect for damages and needed repairs.
35. ABANDONMENT. If the Tenant fails to give notice to the Landlord of an anticipated extended absence in excess of 7 days, the Landlord may recover actual damages from the Tenant. During any absence of the Tenant in excess of 7 days, the Landlord may enter the dwelling unit at times reasonably necessary to protect his possessions and property. Failure to keep utilities on is a violation of this Lease and may constitute a finding of abandonment. The Lease is deemed to be terminated by the Landlord as of the date of abandonment by the Tenant. If the Landlord cannot determine whether the Dwelling Unit have been abandoned by the tenant, the Landlord shall serve written notice on the Tenant in accordance with § 55.1-1249 requiring the Tenant to give written notice to the Landlord within 7 days that the Tenant intends to remain in occupancy of the Dwelling Unit. If at any time during the term of this Lease, Tenant abandons the Dwelling Unit or any part thereof, Landlord may, at Landlord's option, obtain possession of the Dwelling Unit in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatsoever. Landlord may, at Landlord’s discretion, as agent for Tenant, re-rent the Dwelling Unit, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all Rent payable by virtue of such re-renting, and at Landlord's option, hold Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net Rent for such period realized by Landlord by means of re-renting. If Landlord’s right of reentry is exercised following abandonment of the Dwelling Unit by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Dwelling Unit to also have been abandoned, in which case Landlord may dispose of all such personal property as prescribed by the VRLTA.
36. RENTERS WAREHOUSE NOT LANDLORD. Tenant acknowledges and agrees that Renters Warehouse is not and shall not in any event be deemed to be the “Landlord” of the Dwelling Unit. Renters Warehouse is merely the facilitator of Landlord for purposes of managing the Dwelling Unit and rental relationship between Landlord and Tenant.
- WAIVER OF HOMESTEAD EXEMPTION. Tenant expressly waives the benefit of the homestead exemption laws of the Commonwealth of Virginia.
- TENANT RECORDS.
a.Tenant hereby authorizes Landlord or Managing Agent to disclose and/or release information contained in the Tenant’s files, which shall include all information, including financial, maintenance, and other records about a tenant or prospective tenant, whether such information is in written or electronic form or other medium, without further consent being required by the Tenant, under the following circumstances:
i.As set forth in the VRLTA;
ii.To an emergency contact listed in any Lease document;
iii.To the extent that it is a necessary for a third person to translate on behalf of Tenant to or from the English language, any information provided to such translator; and
iv.To a guarantor under the Lease.
- Landlord and Managing Agent may enter into an agreement with a third-party service provider to maintain tenant records in electronic form or other medium. In such case, Landlord and Managing Agent shall not be liable under the VRLTA for any breach of the electronic data of such third-party service provider, except in the case of gross negligence or intentional act.
c.Tenant may request a copy of their tenant records in paper or electronic form. Tenant shall be required to pay the actual costs of preparing the copies of the records, after the first copy, unless the records are provided by an electronic portal.
- STATUTORY NOTICE TO TENANT. Tenant shall exercise whatever due diligence Tenant deem necessary with respect to information concerning sex offenders registered under Chapter 23 (sec 19.2-387 et seq.) of Title 19. Such information may be obtained by contacting the local police department or the Department of State Police, Central Records exchange at (804) 674-2000 or on the Virginia State Police website.
- ATTORNEY’S FEES. The court shall, in any proceeding to enforce one or more terms of this Lease, award reasonable attorney’s fees and costs to the Managing Agent, regardless of whether such party pursued such enforcement through a court order or judgment.
- RECORDING OF LEASE. Tenant shall not record this Lease in the public records in any city or county office. If Tenant records this Lease, this Lease shall, at Landlord’s option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity.
- SEVERABILITY. If any of this Lease or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Lease nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
- BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and insure to the benefit of the heirs, legal representatives and assigns of the Parties hereto.
- HEADINGS. The descriptive headings used herein are for convenience of reference only and are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.
- CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular or plural.
- NO WAIVER. If Landlord elects not to exercise any right or remedy under this Lease on any one or more occasions, Landlord shall not be deemed to have waived its right to enforce all rights and remedies it may have under this Lease or otherwise pursuant to Virginia law. If Landlord should waive any breach of, or event of default under, any provision of this Lease by Tenant, Landlord shall not be deemed to have given a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Lease.
- MODIFICATION. The Parties hereby agree that this Lease contains the entire agreement between the Parties and this Lease shall not be modified, changed, altered or amended in any way except using a written amendment signed by all the Parties hereto. Any additions, deletions or other modifications requested by Tenant shall be subject to a $250.00 Administrative Fee paid to the Managing Agent.
- NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by U.S. Postal Mail addressed as follows:
If to Tenant: Address of the Dwelling Unit.
If to Landlord: Renters Warehouse, 1354 Kempsville Road – 102 Chesapeake, VA 23320
Landlord and Tenant may also send notices in electronic form, however any Tenant who so request may elect to send and receive notices in paper form. If electronic delivery is used, the sender shall retain sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. Tenant and Renters Warehouse shall each have the right from time to time to change the place notice is to be given under this Section by written notice thereof to the other Party.
- ELECTRONIC SIGNATURES AND DELIVERY. The Parties agree that the electronic signature of any Party on any document related to this transaction shall constitute a valid, binding signature of such Party. The Parties further agree that electronic delivery of this Lease or any addenda thereto through email or similar electronic means shall constitute sufficient delivery to the other Party.
- TERMINATION, RENEWAL AND EARLY TERMINATION.
a.Either party may terminate the Lease at the end of the initial term of this Lease, or at the end of any subsequent term, by giving the other party written notice sixty (60) days prior to the Periodic Rent due date, and stating the effective date of such termination. Tenant, in addition to providing sufficient notice to Landlord of an intention to terminate, must be current in rental payments; must surrender possession of the Dwelling Unit in good condition, with the exception of reasonable wear and tear; and must pay for all damages or assessments for damages made by Landlord against Tenant, other provisions of this Lease, or as Landlord or Agent may determine in their sole discretion. If no such notice to terminate is given, the term of this Lease shall be extended for self-renewing one-year terms until either party gives notice to cancel in accordance herewith, unless terminated in accordance with any other applicable provision of this Lease, or Virginia law.
b.Alternatively, if Landlord intends to change the terms or conditions of the Lease, Landlord will give Tenant written notice (the “Renewal Notice”) at least seventy-five calendar (75) days prior to the end of the initial Lease Term or any renewal Lease Term, advising Tenant of the new terms and conditions of a renewal lease. Should Tenant fail to provide Landlord written notice at least sixty (60) days prior to the expiration of any Lease Term of Tenant’s intentions to remain in the Dwelling Unit, or terminate in accordance with subsection (a) hereof, Tenant shall be deemed to have agreed to the terms set forth in the Renewal Notice and the terms of Landlord’s then current form of Lease (available upon request), and shall be bound to such new terms, until such time as the Lease is terminated in accordance with this Section.
c.If Tenant desires to renew the Lease, a $200.00 Lease Renewal Administrative Fee for administrative processing will be due to Managing Agent at the time of renewal.
d.Except as may be otherwise specifically stated in this Lease, Tenant shall have no right to terminate this Lease for any reason prior to the expiration of the initial term, or any renewal term hereof, and if the Tenant so terminate the Lease early, Tenant shall be responsible for the Rent until the Dwelling Unit is rented to a new Tenant or the Lease Term expires, whichever is sooner, and all other actual damages incurred by Landlord arising from Tenant’s breach.
e.Any Tenant who is a victim of family or sexual abuse or other criminal sexual assault as defined in VRLTA, may terminate the Lease in accordance with the provisions of the VRLTA.
- TERMINATION OF PROPERTY MANAGEMENT AGREEMENT. Any cancellation, expiration or other termination of the Property Management Agreement between Landlord and Renters Warehouse shall not affect the validity of this Agreement between Landlord and Tenant, or the obligations of the Parties hereunder. Upon termination of the Property Management Agreement, if applicable, Renters Warehouse shall transfer Tenant’s Security Deposit to Landlord, with confirmation of the same provided to Landlord and Tenant in writing. At such point, Renters Warehouse shall have no further obligations or responsibilities under this Agreement, including but not limited to the security deposit, Landlord or Tenant service requests, or any other maintenance or service obligations. If Tenant had made monthly Rent payments to Renters Warehouse, Tenant shall no longer remit Rent payments to Renters Warehouse. Tenant and Landlord shall mutually agree upon an acceptable method of Rent payment (made to Landlord directly) following cancellation. Cancellation of the Property Management Agreement shall not relieve Tenant of any obligation to pay Renters Warehouse for any costs and fees incurred under this Agreement prior to cancellation.
- FORECLOSURE. If the Dwelling Unit is foreclosed upon during the term of the Lease, the following shall apply: (i) if the successor owner acquires the Dwelling Unit for the purpose of occupying the Dwelling Unit, such successor owner may terminate this Lease upon at least ninety (90) days prior written notice to Tenant; or (ii) if the successor owner acquires the Dwelling Unit for any other purpose, then the terms of this Lease shall apply for the remainder of the term, subject to the following sentence. The terms of the Lease will remain in effect except that Tenant shall make rental payments to: (i) the successor owner upon prior written notice to Tenant; or (ii) to Managing Agent, or to another managing agent as directed in writing by the successor owner and/or Managing Agent.
- NO SMOKING POLICY. Smoking inside the Dwelling Unit is prohibited and is a material breach of this Lease. Smoking shall only occur outside the dwelling in a designated area. All cigarette butts, ashes or debris must be cleaned up immediately. This NO SMOKING policy pertains to all forms of smoking including any noncombustible product containing nicotine or not that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or non-nicotine in a solution or other form including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine or non-nicotine in a solution or other form that is intended to be used with or in an aforementioned device. Should evidence of smoking of any kind be detected at any time, Tenant agrees that an Administrative Fee of $500.00 will be due immediately, and the cost of any painting or cleaning to mitigate any smoke smell or damage as determined by Landlord and/or Managing Agent.
- INSUFFICIENT FUNDS FEE & POLICY. Tenant agrees to pay a fee of $50.00 for all returned checks or electronic payments (whether drawn on insufficient funds or for any other reason that may cause the bank not to process such payment), plus all applicable late fees. In the event a non-sufficient funds payment is used for Rent, Security Deposit, Late Fees or other fee/penalty payments, Landlord may require that the only forms of acceptable future payments from Tenant are in certified funds. If Tenant’s initial Rent payment(s) or Security Deposit are drawn on insufficient funds or returned by the bank, in addition to the Insufficient Funds Fee of $50.00, Tenant shall be subject to an Insufficient Fund Penalty of $250.00, or a lesser amount permitted by law if for any reason this fee is deemed to exceed the allowable amount. This Insufficient Fund Penalty shall only apply to Tenant’s initial Rent payment or Security Deposit and shall not apply to any subsequent Rent payments.
- ENTIRE AGREEMENT. This Lease, and any incorporated or attached written exhibits or addendums including the Rental Acceptance Criteria signed at the application stage, shall constitute the entire agreement between parties and no oral statement or oral modification of the terms of this Lease, or advertising, or flyer, brochures, emails, texts, website copy, or promotional materials, except that which is described herein, shall be binding, create or form any part of an agreement between the parties. This Lease can only be amended in writing and signed by all parties to this Lease.
- CONTACT WITH LANDLORD PROHIBITED. Except as otherwise specifically set forth in this Lease, any contact by Tenant with Landlord is prohibited, and Tenant agrees to not contact, deal with, or negotiate with landlord concerning any matter related to the management or leasing of the property, but refer all such dealing to the Managing Agent. Tenant further acknowledges and agrees that any violation of this provision shall be considered an obstruction of Renters Warehouse - SE Virginia’s management duties and responsibilities and that Tenant shall be charged an Administrative Non-Compliance Fee of $125.00 per occurrence.
- PERSONAL INJURY AND PROPERTY DAMAGE AND WAIVER OF LANDLORD LIABILITY. Subject to standards required by law, neither Landlord nor Renters Warehouse shall be liable to Tenant, their family or guests, for any damage to person or property caused by the acts or omissions of other Tenants or other persons, whether such persons be off the property of Landlord or on the property with or without permission of Landlord; nor shall Landlord be liable for losses or damages from theft, fire, water, rain, storm, explosion, sonic boom or other causes whatsoever, nor shall Landlord be liable for loss or damages resulting from failure, interruption, or malfunctions in the utilities and appliances provided to Tenant under this Lease Agreement; nor shall Landlord be liable for injuries elsewhere on the Dwelling Unit. Landlord and Renters Warehouse shall not be liable for negligence or tort. Landlord and Renters Warehouse shall also not have any liability of any kind whatsoever for any of the following: failure of utilities or services; acts of God; and any injuries or damages to persons or property either caused by or resulting from fire, falling plaster, dampness, overflow or leakage upon or into the Dwelling Unit of water, rain, snow, ice, sewage, steam, gas or electricity, or by any breakage in or malfunction of pipes, plumbing, fixtures, air conditioners or appliances or leakage, breakage, or obstruction of soil pipes, nor for any injury or damage from any other cause. Tenant acknowledges that any security measures provided by Landlord or Managing Agent will not be treated by Tenant as a further assurance or guarantee against crime or a reduction in the risk of crime. Neither Landlord or Managing Agent will be liable to Tenant or any guest, invitee or occupant for injury, damage or loss to person or property caused by criminal conduct of other persons, including theft, burglary assault, vandalism or other crimes. Neither Landlord nor Managing Agent will furnish security personnel, security lighting, security gates or fences, or other forms of security. If information on Tenant's rental history is requested by others for law enforcement or business purposes, Landlord or Managing Agent may provide same. Landlord and Managing Agent, in addition, shall not be liable under any circumstances to Tenants failure to provide Landlord or Managing Agent with prompt notice of any such conditions existing in the Dwelling Unit. Tenant hereby releases Landlord and Managing Agent from all liability and agrees to indemnify Landlord and Managing Agent for such losses, with respect to Tenant, and all authorized occupants and guests or invitees of Tenant. Landlord and Managing Agent may enter into an agreement with a third-party service provider to maintain Tenant records in electronic form or other medium. In such case, Landlord and Managing Agent shall not be liable in the event of a breach of the electronic data of the third-party service provider, except in the case of gross negligence or intentional act. If any of Landlord’s Agents are requested to render any services such as moving automobiles, handling of furniture, cleaning, delivering packages or any other service not contemplated in this Lease Agreement, such Agent shall be deemed an Agent of Tenant regardless of whether payment is arranged for such service, and Tenant agrees to hold Landlord and Renters Warehouse harmless from all liability in connection with such services.
- CREDIT/BACKGROUND CHECK AUTHORIZATION. Tenant hereby acknowledges that Renters Warehouse has permission to share Tenant’s credit and rental history with all appropriate parties involved in the transaction, to the extent allowed by applicable law.
- INSURANCE.
a.Renter’s Insurance. Landlord carries general liability and hazard insurance on the Dwelling Unit. The insurance policy carried by the Landlord is not a replacement for “renters insurance” or personal contents coverage. All personal property placed in the Dwelling Unit, storage rooms, or in any other part of the Landlord’s property, shall be at the sole risk of Tenant or the parties owning the same, and Landlord shall not be liable for the loss, destruction, theft of, or damage to such property. Tenant is required to secure a renter’s insurance policy that can cover the cost for repairs for damages to the Dwelling Unit caused by the Tenant as well as damages to personal property the minimum coverage and other terms specified by Managing Agent for the duration of the Lease term and any renewal term(s), and shall name Landlord and Renters Warehouse SE Virginia as Additional Interests on such policy. Specifically, Tenant shall maintain and provide the following minimum required insurance coverage for the benefit of the Landlord, which shall meet these minimum coverage limits:
$100,000 Limit of Liability for Tenants legal liability for damage to the Landlord's real improved property and personal property, including any fixtures, for no less than the following cause of loss: fire, smoke, explosion, backup or overflow of sewer, drain or sump, and water damage.
Tenant shall furnish Landlord with evidence of Required Insurance acceptable to Landlord (i) prior to occupancy of leased Dwelling Unit, (ii) at the time of each lease renewal period, and (iii) as may be requested by Landlord during the Lease Agreement.
To satisfy the insurance requirement. You may either (1) Do Nothing and be automatically enrolled in AssetProtect as part of our Tenant Benefit Package; or (2) Opt Out of AssetProtect and purchase substitute renters insurance that meets all requirements of this section.
OPTION 1: DO NOTHING AND PROTECT YOUR PERSONAL BELONGINGS!
Your acceptance of AssetProtect is optional. Unless you choose to opt out, you will be enrolled in AssetProtect as part of our Tenant Benefits Package. No further action is required. Coverage will begin on the lease effective date. AssetProtect includes a Contingent Personal Property Contents Coverage Endorsement in the amount of $10,000. Please refer to the Evidence of Insurance for complete details.
OPTION 2: OPT OUT AND OBTAIN ALTERNATIVE RENTERS INSURANCE
In lieu of accepting AssetProtect as part of our Tenant Benefits Package, you may obtain Required Insurance from an insurer of your choice that is satisfactory to Landlord. If you furnish evidence of such Required Insurance and maintain the Required Insurance for the duration of the lease agreement, then nothing more is required. Landlord shall have the right (but not the obligation) to purchase Required Insurance on your behalf and seek reimbursement from you for all costs and expenses associated with such purchase, in addition to any other rights under the Lease Agreement. To opt out of AssetProtect, you must provide Managing Agent with evidence of insurance that meets all requirements outlined above prior to occupancy. Opting out of AssetProtect does not change the cost of the Tenant Benefit Package.
Any insurance policy provided by Managing Agent shall terminate with the termination of this Lease or the Property Management Agreement.
b.In the event Tenant shall fail to acquire renter’s insurance and provide the required certificate of insurance, or if Tenant allows any coverage to lapse during the term of this Lease or any renewals hereof, then Landlord may, but shall not be obligated to, secure liability coverage which shall name Tenant as an insured and the premium for which shall constitute Additional Rent, and shall be due to the Landlord when the next Periodic Rent is due, after Landlord sends its premium invoice to Tenant and shall be considered Additional Rent for all purposes. Landlord further reserves the right to require Tenant to pay for the cost of renter’s insurance obtained through Landlord. Any renter’s insurance policy provided by Landlord shall terminate contemporaneously with the termination of this Lease Agreement.
- CONDOMINIUM AND PROPERTY OWNERS ASSOCIATION. Tenant acknowledges that Tenant has received and will abide by all applicable Condominium and/or Property Owners Association Rules and Regulations if the Dwelling Unit are located within a community governed by any such association.
- BANKRUPTCY. Subject to the requirements of the Bankruptcy Code, in the event the Tenant is adjudicated as bankrupt, (or makes an assignment for the benefit of creditors), this Lease, at the option of the Landlord shall terminate upon 30 days written notice and the Dwelling Unit shall be surrendered to the Landlord, who reserves the right to repossess the Dwelling Unit subject to the provisions of law.
- REPRESENTATION IN APPLICATION FOR LEASE. This Lease has been entered into in reliance of the information given by Tenant on Tenant’s application for Lease, which by this reference is made part of this Lease. Tenant shall advise Landlord or Managing Agent in writing of any changes to the information contained in the application. If any of those representations are found to be misleading, incorrect or untrue, Landlord may immediately terminate this Lease and require Tenant to vacate the Dwelling Unit.
I hereby acknowledge receipt of the Tenant Handbook. I have read and understand Section I prior to possession and I understand that the contents of this Tenant Handbook in its entirety is an Addendum to the Lease Agreement, and any violation of the Tenant Handbook constitutes a default under this Lease, and Landlord shall retain all remedies under the Lease for any such default..
Other Provisions:
DISCLOSURE OF BROKERAGE RELATIONSHIP:
The undersigned do hereby acknowledge disclosure that Renters Warehouse SE Virginia represents the LANDLORD as their client. Tenant is a customer of Renters Warehouse - SE Virginia.
Lease acknowledged and agreed this date by:
TENANT: TENANT:
TENANT: TENANT:
Landlord’s Agent, RENTERS WAREHOUSE: