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Terms and Conditions
USE OF PROPERTY
The Tenant shall use the premises solely for residential purposes.
INSPECTION OF PREMISES
a) At the start of the tenancy, the landlord and the Tenant shall inspect the premises and shall record any existing damages to the premises on a checklist provided by the Landlord. Both parties shall receive copies of the completed checklist.
b) At the termination of the tenancy, the Landlord shall advise the Tenant of his right to be present at the final inspection. If the Tenant desires to be present, he shall tell the Landlord in writing. The Landlord then shall notify the Tenant of the time and date of the inspection, which must be made during business hours and within seventy-two hours of the termination of occupancy.
DELIVERY OF POSSESSION
If the Landlord fails to make the premises available in a habitable condition on the agreed date of the start of the tenancy, rent shall abate until delivery is completed. If such failure to deliver possession is willful, then the remedies in Section 55-248.22 of the Code of Virginia shall apply.
SECURITY DEPOSIT
a) The Tenant shall return the signed lease to the Landlord with a security deposit. At the termination of the tenancy, the Landlord may retain part or all of the security deposit to pay for:
1. Any damage to the premises beyond normal wear and tear for which the Tenant is responsible and which is disclosed by an inspection conducted pursuant to Section 7 of this lease.
2. Any rent owed and any accrued charges as specified in Section 15 of this lease.
3. Any damage due to premature termination of the lease agreement.
b) If the Landlord Holds the security deposit for a period exceeding 13 months, he shall pay the Tenant simple interest, calculated from the beginning of the tenancy. It is payable at the end of the tenancy. Within 30 days after the end of the tenancy the Landlord shall refund to the Tenant the security deposit with any interest due less deductions, together with an itemized statement of any deductions.
TENANT’S DUTY TO MAINTAIN PREMISES
a) The Tenant shall keep the dwelling unit in a clean and sanitary condition and shall comply with all state and local laws requiring tenants to maintain rented premises.
b) The Tenant shall provide the Landlord with prompt notice of any maintenance problems so that necessary repairs can be made in a timely manner.
LANDLORD’S DUTY TO MAINTAIN PREMISES
a) The landlord shall maintain the premises in a decent, safe and sanitary condition and shall comply with all state and local laws requiring landlords to maintain rental premises.
b) If the Landlord provides appliances or services, he shall maintain them in good working order during the term of this lease and any extensions thereof.
LIABILITY
a) The Landlord shall be liable to the Tenant for any damage to his person or his property resulting from the negligence or wrongful act of the Landlord or his agents.
b) The tenant shall be liable to the Landlord for any damage to the premises beyond normal wear and tear resulting from the negligence or wrongful act of the tenant or others on the premises with his permission.
c) The Tenant shall be responsible for minor repairs except for damage caused by the Landlord or his agent. The Landlord shall be responsible for major repairs except for damage caused by the Tenant or his guests.
LATE PAYMENT OF RENT
If the rent remains unpaid after the 5th day of the due date, the Tenant shall be charged a $50 fee for late payment. An additional charge of $50 shall be made for any returned checks. No personal checks will be accepted after the bank has returned a check.
FAILURE TO PAY RENT
If the Tenant fails to pay the rent when due, the Landlord may give the Tenant a 10-day notice to pay the rent with the late fee or to vacate. If the rent remains unpaid at the end of this 10-day period, the Landlord may institute eviction proceedings pursuant to law and/or other remedies provided by law including, but not limited to, suit to collect unpaid rent, damages and reasonable attorney’s fees.
Minimum Lease Term
3 months.
TENANT BREACH OF LEASE
a) If there is substantial breach of the lease or a serious failure to maintain the premises by the Tenant, the Landlord may provide the Tenant with a written notice describing the problem and stating that he will terminated the lease on a specified date (not less than 30 days later), if the problem is not corrected within 21 days. If the problem is corrected within 21 days, the notice is canceled. If the problem is not corrected within that time, the Landlord may institute eviction proceedings through the courts on the specified date.
b) The Landlord shall also give the option of using other applicable remedies provided by the Virginia Residential Landlord and Tenant Act to address specific breaches of lease by the Tenant.
LANDLORD BREACH OF LEASE
a) If there is a substantial breach of lease or serious failure to maintain the premises by the Landlord, the Tenant may provide other Landlord with a written notice describing the problem and stating that he will terminate the lease on a specified date (not less than 30 days later), if the problem is not corrected within 21 days, the notice is canceled. If the problem is not corrected within that time, the Tenant may vacate the premises on the specified date.
b) The tenant shall also have the option of using other applicable remedies provided by the Virginia residential landlord and tenant Act to address specific breaches of lease by the landlord.
VIRGINIA RESIDENTIAL LANDLORD AND TENANT ACT
Both parties hereby agree to be governed by the terms of the Virginia Residential landlord and tenant Act, as amended from time to time. Each party shall have a right to the remedies and a responsibility for the obligations specifies therein.
NOISE
a) The Tenant shall not allow on the premises any excessive noise or other activity that disturbs the peace and quiet of his neighbors.
b) If the rental premises are part of a multi-family dwelling, the Landlord agrees to enforce this prohibition against excessive noise to prevent other tenants or persons in the building or common areas from similarly disturbing the Tenant’s peace and quiet.
PETS
The Tenant may not keep pets on the premises.
MOTORIZED EQUIPMENT
No motorcycles or equipment driven by gasoline motors shall be permitted inside the dwelling unit.
ALTERATIONS
a) No substantial alteration, addition or improvement shall be made by the tenant in or to the premises without prior written consent of the Landlord.
b) If the Tenant installs new burglar prevention or fire detection devices, he shall provide the Landlord with key s and operating instructions. At the end of the tenancy the Tenant shall remove the devices and repair any damage if the Landlord so requests.
NOTICE OF ABSENCE
The Tenant shall notify the Landlord of any expected absence from the premises in excess of 7 days.
ACCESS
Except in the case of an emergency where notice is impractical, the Landlord may enter the premises only after reasonable advance notice to the Tenant and at reasonable hours in order to inspect the premises, to make necessary or agreed repairs or alterations, to supply services, or to show the premises to prospective purchasers or workers.
ILLEGAL DRUGS
Drug dealing and usage are strictly prohibited and are grounds for immediate termination of the lease and institution of eviction proceedings.
EXTENSION OF LEASE
At the end of the initial lease period, the tenancy will automatically convert to month-to-month, unless the Landlord or the Tenant has served notice of termination on the other prior to the end of the lease. In continuing, the Tenant agrees to pay the rental fee and to keep and fulfill all the other covenants and conditions herein.
TIMELY DEPARTURE
When the Tenant vacates the premises after giving proper notice, he shall leave on the day and by the time specified, remove all personal belongings, and leave the premises as clean as he found them.
RENT INCREASE
The Landlord may increase the rental fee at or after the expiration of the original term of this lease by providing the tenant with written notice at least 30 days prior to the next rent due date. The Tenant then has the option to vacate the premises or to remain at the new rental rate.