VIRGINIA RESIDENTIAL LEASE AGREEMENT

1. PARTIES

Landlord:

Name of individual owner or business:

_________________________

Street Address: _________________________

_________________________

_________________________

Mailing Address:
(if different)

Telephone number for regular business hours:

Telephone number for emergencies:

E-mail:

Tenant(s):
________________

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 ________________

________________

________________

2. MANAGING AGENT (if applicable)

3. AUTHORIZED MINOR OR OTHER OCCUPANTS

In addition to the tenants listed in (1), the following authorized

people will reside in the dwelling unit:

4. LEASE & PREMISES. Landlord hereby leases to Tenant the

premises located at

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__________________________________________________,
which Landlord represents are lawful to occupy in compliance
with relevant housing and zoning codes. Landlord also represents
that there is no known condition existing on the premises which
may constitute a threat to the health or safety of the tenant.

5. APPLICABLE LAW. This lease shall be governed by the

Virginia Residential Landlord and Tenant Act (Virginia Code Title
55, Chapter 13.2) and any other applicable federal, state or local
laws. Landlord and Tenant are advised to read the Act before
signing this lease. The Act is available at

6. TERM. This lease shall run from ____________________,

20_____, through _____________ ______, 20______. This lease
term shall automatically convert to a month-to month tenancy at
the end of the stated lease term, unless the Landlord and Tenant
enter into a new one-year written lease. If either party elects not
to renew the lease, that party shall give the other party at least
thirty days’ advance notice in writing of his or her intent not to
renew the lease.

7. RENT. Tenant shall pay a total rent for the term of

________, payable in installments as follows:

First month’s partial rent: $________, due on the start date

of the lease;
Eleven month’s full rent: $________, due the first of each
month;
Last months’ partial rent: $_________, due the first of the
last month.

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Unless otherwise notified in writing, Tenant shall pay rent and all
other charges to [Landlord or Property Manager] at the address
above. Checks and money orders shall be made payable to
[Landlord or Property Manager] until otherwise notified in writing.
If rent is paid in the form of cash or money order, Landlord shall
provide Tenant a written receipt within five business days of
receipt of the payment if requested by the tenant. A rent receipt
shall include:

(i) the date of payment ;

(ii) the amount of the payment;
(iii) if the payment is not fully credited to the current
month’s rent, what allocation of funds is made;

Tenant may pay by hand-delivery, mail or electronic payment.

Each check or money order shall include the address of the
premises and the month to which the rent shall be applied.
Landlord shall consider rent received by mail as having been
timely paid as long as it is post-marked by the due date.

Tenant is entitled to require an accounting for rent payments, as

provided for in the Virginia Residential Landlord Tenant Act.

8. LATE FEE. Tenant shall pay a late fee of 5% of any rental

amount not received at the payment address by 5:00 p.m. on the
fourth day after the date the rent is due. (If the rent is due on
the first, a late fee will be assessed if rent isn’t received by 5:00
p.m. on the fifth.)

9. DISCOUNT FOR EARLY PAYMENT OF RENT. If Tenant

tenders a monthly payment of rent so that it is received by

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Landlord before the due date, Tenant shall be entitled to a 5%
discount of the amount owed.

10. DISHONORED CHECKS. If a check paid by, or on behalf of,

a Tenant is returned for insufficient funds or for any other reason
not the fault of Landlord or Landlord’s agent, Landlord may
require rent future payments to be made by cash, money order,
cashier’s check, or certified check. Tenant shall pay a service
charge of $25.00 for each such returned check. This service
charge is in addition to any applicable late fee that is charged.

9. SECURITY DEPOSIT. Landlord acknowledges receipt of the

sum of $________ from Tenant as a security deposit. Landlord
may deduct from the security deposit the amount of provable
damages incurred by him due to a claim of the Tenant’s breach of
this lease. Tenants are not entitled to have the security deposit
applied to unpaid rent or late fees while the Tenant remains in
occupancy. This deposit does not include the amount of a non-
refundable pet deposit.

Upon termination of the tenancy, Tenant shall surrender the

premises in good repair and condition, reasonable wear and tear
expected. Tenants may be asked to pay reasonable repair and
cleaning costs for any damages and conditions which are beyond
reasonable wear and tear caused by the Tenant or the Tenant’s
guests. The Landlord’s claims for repair or replacement of any
Tenant-caused damage to the unit are subject to relevant IRS
depreciation schedules.

After termination of the tenancy and delivery of possession

(including return of all keys), Landlord shall process the security
deposit and provide each Tenant with an itemized list of security
deposit deductions as required by law. (The VRLTA normally

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requires the security deposit to be returned with 45 days.)
Landlord shall also provide each Tenant, upon request, with
copies of all bills used to calculate the security deposit
deductions.

Tenant shall provide Landlord written notice of the forwarding

address, on or before termination of the tenancy; alternatively,
the Tenant shall arrange for Post office forwarding of mail and
notify the Landlord that mail will be forwarded. Landlord shall
mail pro rata shares of the deposit and interest (if any) plus the
required documentation to the forwarding address. If no
forwarding address is provided by a Tenant, Landlord shall use
the leased premises as the last known address.

10. MOVE-IN CONDITION. Landlord shall provide the first

Tenant to take possession of the premises with a “Move –In /
Move – Out Condition Report” form. That Tenant shall complete
the form and return it to Landlord within five days. Unless
Landlord objects within five days of his receipt of the completed
form, the report shall be deemed conclusive evidence that the
premises are as described in the report.
Landlord shall deliver the premises and all common areas to the
Tenant in a clean, safe, and habitable condition, free of rodent
and insect pests, free of visible mold, and it with all smoke
detectors, utilities, and appliances in proper working condition.

11. DELIVERY OF POSSESSION. Landlord shall be ready to

deliver possession of the premises to Tenant at the start date of
the tenancy. Landlord shall be responsible for having hold-over
tenants evicted.

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If the Landlord fails to make the premises available in a fully
habitable condition on the agreed date of the start of the
tenancy, rent shall abate until delivery is completed, with all
repairs identified in the move-in inspection report completed. If
such failure to deliver possession is willful, then Tenant may, in
accordance with §55-248.22, terminate the rental agreement with
at least five days’ written notice to the Landlord and the Landlord
shall return all prepaid rent and security deposits upon
termination OR demand performance by the Landlord.

If Landlord fails to deliver possession and such failure is not

willful, Landlord shall have ten days to remedy the situation and
deliver possession. Rent shall abate until Landlord delivers
possession. If Landlord fails to deliver possession by the end of
the ten-day period, Tenant may, at any time before possession
free of defects is delivered, send Landlord written notice of
termination, and the lease shall thereby be immediately
terminated. Within five days of delivery of the termination notice,
Landlord shall return all prepaid rent, application fees, and
deposits. Failure to deliver the premises in defect-free condition
shall constitute a substantial breach of the lease by Landlord.

12. SUBLEASES & ASSIGNMENTS. Tenants shall not sublease

the premises or assign this lease without the prior, written
permission of the Landlord. Landlord shall not permit a sublease
or assignment without the approval of all Tenants. Landlord shall
not unreasonably deny permission to sublease or assign.

13. USE OF THE PREMISES. Only Tenant, and any approved

occupants listed in this lease agreement, is allowed to occupy the
premises. “Occupy” is defined as residing, living, or staying on the
premises overnight for more than seven nights in a row or for
more than fourteen nights in a twelve-month period. With prior

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written consent of the Landlord, Tenant may permit guests not
listed on the lease agreement to occupy the premises for more
than the specified seven or fourteen day limits.

Tenant shall use the premises only as a residential dwelling.

Tenant shall not use the premises or permit any guests to use the
premises for any commercial, criminal or other unlawful activities,
or to unreasonably interfere with the rights, comforts, or
conveniences of their neighbors or other Tenants.

14. LANDLORD’S RULES. Landlord has Rules governing

occupancy of the premises, and represents that these rules do
not violate the requirements of the Virginia Residential Landlord
tenant Act; a copy of the current Rules are annexed to the lease.
Tenant acknowledges receipt of Landlord’s Rules. Tenant shall
comply with all written Rules provided to the Tenant. Landlord
may, after expiration of this written lease, with at least thirty
days’ written notice to the Tenant, modify these Rules, as allowed
by law.

15. LOCKS, KEYS, & PEEPHOLES. Even if no local ordinance

requires it, Landlord shall provide locks, locking devices, and/or
peepholes that comply with subsections 1, 2, and 3 of Virginia
Code section §55-248.13:1. If Landlord fails to comply and
Tenant provides fifteen days written notice of the noncompliance
to Landlord, Tenant may have such devices installed by a
professional at a reasonable cost and deduct such cost from the
next month’s rent. Tenant shall provide Landlord a copy of each
related bill and a copy of each key, to be kept in a secret
envelope, for emergency use. Tenant shall not install any other
locks on the premises, except in accordance with VA Code §55-
248.18:1, when a protective order has been issued against a co-
tenant or authorized occupant.

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Landlord shall issue to each Tenant one set of keys to the
premises and mailbox. Upon Tenant’s surrender of the premises
to Landlord, each Tenant shall return to Landlord all keys
associated with the premises, whether they are originals or
copies. If Tenant fails to return all keys, Tenant shall pay the cost
of making replacement copies or replacing the locks, at Landlord’s
option.

Except in accordance with VA Code §55-248.18:1 when a

protective order has been issued against a co-tenant or
authorized occupant, Tenant shall not change any locks on the
premises without prior written permission of Landlord, which shall
not be unreasonably denied. If Landlord does not give written
permission or a written reason for denying permission within
fifteen days of receiving Tenant’s written request to change the
locks, permission shall be deemed as having been given by the
Landlord. If the locks are changed, Tenant shall immediately
provide Landlord with at least one original key for each changed
lock. All keys and hardware associated with the old lock shall be
given to Landlord, if requested.

In an emergency, Tenant may change the locks without prior

permission of the Landlord, provided the tenant gives the
Landlord a copy of the key within 24 hours of changing the locks.
This key shall be kept in a secret envelope, for emergency use.

16. ATTORNEY’S FEES AND LITIGATION. If either the

Landlord or the Tenant takes legal action against the other for a
claimed breach of this lease and the court determines one party
to be in violation of the lease, the complaining party is authorized
to seek approval for an award of a reasonable attorney’s fee, in

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addition to any amounts awarded by the court for rent, off-set of
rent, damages and court costs.

17. PROPERTY DAMAGE & MAINTENANCE. Tenant shall

promptly notify Landlord of any defects in or damages to the
plumbing, sanitary, electrical, gas, heating, or cooling systems, as
well as any leaks in the roof or evidence of structural damage.
Tenant shall not repair these defects or damages without
obtaining the prior, written permission of Landlord, which
Landlord may not unreasonably refuse; however, Tenant shall
take reasonable steps to prevent additional damage, and
Landlord will make all repairs necessary to keep the premises in a
safe and habitable condition.

Landlord shall replace the central air and heat filters every other
month (or every three months if three-month filters are used).

The Tenant shall be responsible for minor repairs which may

become necessary during the tenancy and which do not
constitute housing code violations, except for damage caused by
the Landlord or his agent, which remains the responsibility of the
landlord. The Landlord shall be responsible for major repairs
except for negligent damage caused by the Tenant or guests.

If temporary relocation of Tenant is required in order to make

repairs, Tenant will be provided with appropriate alternative
housing at the Landlord’s expense (which will require the Tenant
to continue paying rent).

18. DEATH OR DISABILITY REQUIRING RELOCATION: If a

Tenant dies during the tenancy, the surviving Tenant and/or the
executor or administrator of the decedent’s estate, may terminate
this lease by serving the Landlord with a copy of the Circuit

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Court’s letter of appointment of a representative for the estate
and giving at least thirty days written notice of the termination to
Landlord. Termination under this clause does not relieve the
surviving Tenant or the deceased’s estate from their liability to
pay all rent and charges owed through the date that Landlord is
put in possession of the premises. However, if the Landlord,
within fifteen days of receiving the termination notice, provides
the surviving Tenant a notice that he wishes to continue the lease
at a reduced rent, the lease shall not be terminated but shall
continue at a rental rate reduced by the deceased Tenant’s pro-
rata share of the rent. In this case, Landlord shall return the
deceased Tenant’s share of the security deposit to the executor
or administrator of decedent’s estate within 30 days of the
decision to continue the lease.

If Tenant should suffer a health or other condition (such as family

abuse or sexual assault) which requires relocation from the leased
premises the lease may be terminated upon thirty days’ advance
written notice to the Landlord which shall specify the condition
which requires relocation.

19. MOVE-OUT INSPECTION. Tenant may request to be at a

move-out inspection, to be held within seventy-two (72) hours of
Tenants’ delivery of possession to Landlord. Tenant’s request
shall be made in writing at least one week in advance of the
delivery of possession to the Landlord. The Landlord shall notify
the Tenant of the date and time of the move-out inspection in
writing at least five (5) days in advance.

20. UTILITIES. Landlord shall provide [water and sewer service]

and trash collection without charge. Landlord will pay any
Homeowner or Condominium Association charge. Tenant shall
not use the utilities in a wasteful manner. Other specified utilities

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are the responsibility of Tenant: ( ) electricity; ( ) gas; ( )
cable; ( ) satellite; ( ) telephone; ( ) Internet service.

Tenant shall have [gas and electricity service] placed in the

name[s] of one or more Tenants from the start of the tenancy
until possession of the premises is returned to Landlord. Tenant
shall ensure that the heat is maintained at a temperature
sufficient to prevent freezing of pipes during cold periods

21. PETS. Tenants may keep the following pets on the premises:
______________. A non-refundable deposit in the amount of
is required by Landlord. If there is any pet-caused damage at the
end of the tenancy, the Landlord will first apply the pet deposit
toward the damage, and then apply the security deposit toward
any provable expenses.

22. WAIVER OF BREACH. No waiver of any breach if this lease

on any one occasion shall be construed to operate as a general
waiver of another breach on a subsequent occasion. If any
breach occurs and is later settled by the parties, this lease shall
continue to bind the parties as it is written.

23. JOINT AND SEVERAL LIABILITY. All Tenants shall be

jointly and severally liable for all Tenant obligations (rent,
damages, and other). (The Landlord may collect the entire
amount due from any Tenant, no matter which Tenant caused
the damage or failed to pay their share of the rent.)

24. INCORPORATION & MODIFICATION. This Lease is the

complete and entire agreement between the parties and all prior
agreements and understandings, both written and oral, have

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been incorporated herein. It may only be modified or amended by
executing another written document signed by all parties or their
authorized agents.

25. SEVERABILITY. The provisions of this lease are severable,

and if any part of the Lease is held illegal, invalid, or inapplicable
to any person or circumstance, the remainder of this lease shall
remain in effect.

26. CONDITION. This lease is conditional on being signed by all

parties named on page 1.

27. THIRD-PARTY NOTICE. Tenant is entitled to name a

third-party (an individual, agency, church or any other entity) to
simultaneously be sent a copy of any written notice affecting the
tenancy. Tenant requests such notice be sent to:

28. DISABLED TENANT OR MEMBER OF HOUSEHOLD.

Tenant has a right to notify Landlord of a disability affecting any
member of the household, and if needed, to request a reasonable
accommodation for the disability as is allowed under state or
federal law. Tenant identifies the following member of the
household as a disabled individual, entitled to such protections of
law as may apply:

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Tenant may notify landlord of a disability affecting any member of
the household at any time.

29. RENTER’S INSURANCE. Tenant is advised to obtain a

rental insurance policy to cover any expenses which may be
caused through no fault of the Landlord during the tenancy.

( ) Landlord will obtain damage insurance, as provided for in the

Rules annexed to this lease, in the amount of: . This
expense is not part of the security deposit and shall constitute
rent.

30. REFERENCE AND RELEASE OF INFORMATION. If

Tenant complies with all material terms of the lease and leaves
the premises with no damage claims exceeding the amount of the
security deposit, Landlord agrees to prepare and send to Tenant
with the accounting for the security deposit a letter confirming
the Tenant’s satisfactory completion of the lease.

Landlord shall not release information about the Tenant to a third

party unless the Tenant gives prior written consent.

31. FAMILY ABUSE. If Tenant is a victim of family abuse and

the provisions of either the Virginia Residential Landlord Tenant
Law or the Section 8 Housing Choice Voucher Program, or both,
apply, the Tenant shall not be subject to eviction for actions of
the abuser which occur in the unit or on the Landlord’s property.

32. QUIET ENJOYMENT OF THE PREMISES. Landlord

represents that Tenant is entitled to reasonably quiet use and
enjoyment of the premises. If a neighboring tenant engages in
activity that disturbs a reasonable use of the premises, Landlord

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agrees to promptly undertake any remediable efforts, including
legal action, to promptly address a complaint submitted in
writing, as long as the complaining Tenant agrees to fully
cooperate, including but not limited to offering testimony in court
in support of the complaint.

We, the undersigned, hereby represent that we have been given

a copy of the entire lease, and agree to be bound by its terms
and conditions.

( ) Tenant acknowledges receipt of a copy of the lease signed

by both parties.

( ) Tenant acknowledges receipt of a copy of any Rules.

( ) Tenant acknowledges receipt of a move-in inspection report.

Landlord:

____________________________ ______________

Signature Date

Tenant(s): Date:

___________________________ _______________

___________________________ _______________

___________________________ _______________

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___________________________ _______________

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