The NVAR K1333 form is a comprehensive document that outlines the terms and conditions of a residential lease agreement that is not covered by the Virginia Residential Landlord Tenant Act. This form is used for real estate leasing transactions in Virginia and includes details about the premises, lease term, rent, and other essential agreements between landlords and tenants. Whether you are a landlord looking to rent out your property or a potential tenant searching for a new home, understanding the specifics of this lease agreement is crucial. For more information on filling out the NVAR K1333 form, click the button below.
Navigating the intricacies of leasing can be a complex process, but understanding the Nvar K1333 form is a crucial step for any tenant or landlord in Virginia embarking on a residential lease outside the scope of the Virginia Residential Landlord Tenant Act. This form, integral for documenting the agreement between a landlord and a tenant, covers a range of topics essential to the leasing process. It begins with identifying the parties involved and their representative companies, if any, emphasizing the importance of representation and disclosure in leasing transactions. Key components outlined include the premises details, lease term dynamics, rent specifics, management responsibilities, and expectations around rent payment timeliness and utilities. It also details the obligations of tenants regarding the property's upkeep, pet policies, and adherence to any homeowner or condominium association rules. Furthermore, the form addresses landlord maintenance responsibilities, security deposits, and procedures for move-in inspections to ensure the property meets agreed-upon standards. Insight into these aspects helps both landlords and tenants navigate their rights, responsibilities, and expectations, paving the way for a transparent and mutually agreeable residential leasing experience.
LEASE – COMMON LAW
THIS LEASE IS NOT GOVERNED BY THE
VIRGINIA RESIDENTIAL LANDLORD TENANT ACT
This RESIDENTIAL LEASE (“Lease”) is made onby and between
(“Landlord”) and
(“Tenant”) who acknowledge by their signatures below that in this real estate leasing transaction,
(“Listing Company”) represents Landlord,
and
(“Leasing Company”) represents
Landlord OR Tenant. (If the brokerage firm is acting as a dual representative for both Landlord and Tenant, with or without designated representatives, then the appropriate disclosure form is attached and made a part of Lease.) In consideration of the mutual promises and covenants set forth below, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
1.PREMISES. Landlord leases to Tenant and Tenant leases from Landlord, the residence and all improvements, to include all fixtures, appliances, equipment and systems (the “Premises”) described as follows:
Street Address:
Subdivision
, County/City
Parking Space #
, and if applicable, Mail Box #
If a Condominium: Unit #
, Condominium:
, Storage Bin #
2.LEASE TERM. The term (“Lease Term”) will begin at noon on
and end at 5 p.m. on
.
Lease Term shall be extended automatically as a month to month lease upon the same terms and conditions as set forth in Lease (“Extended Term”). If Lease is extended, not less than 30 days prior written Notice by either party shall be required to terminate Lease at the new end date. Extended Term shall end on the last day of the month.
OR
Tenant shall vacate at the end of Lease Term unless Tenant and Landlord have agreed in writing to extend or renew Lease. Parties shall Notify each other not less than 60 days prior to the end of the initial Lease Term if they wish to negotiate extending or renewing Lease.
Should Tenant fail to vacate as scheduled, the per diem rate will double.
3. RENT. The total rent for the initial Lease Term shall be $
payable in
monthly installments. The first full month’s rent for
(month) in the
amount of $
shall be paid prior to occupancy and is payable in certified funds,
cashier’s check or money order. Monthly installments of $
are due in advance on
the first day of each month beginning on
, without notification, demand or
deductions. If Lease begins on other than the first day of the month, the rent shall be
prorated with $
due on
(date) for the period of
through
. Only one rent check will be accepted per property each month.
“Rent” shall include all sums due and payable to Landlord or to any third party where the payment is for the benefit of Landlord, such as condo or home owner association dues or utilities that Tenant is obligated to pay, and for which a failure to pay may result in harm to Landlord or to the Premises.
4.LATE PAYMENT AND RETURNED CHECKS. Installments of Rent not received by
Landlord on or before the due date are late and a default under Lease. If any installment of
Rent is not received by Landlord within
days from the due date, Tenant agrees to
pay a late charge of $
. Tenant also agrees to pay Landlord an additional charge
of $
for each returned check. Landlord has the right to require that all payments
NVAR – K1333 – rev. 01/13
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Initials: Tenant_____/_____ Landlord
/
be made by money order, cashier’s check or certified check payable to Landlord OR Managing Agent.
5.FAILURE TO PAY RENT. Tenant’s failure to pay any installment of Rent, late charge, utilities, or HOA dues when due is a default under Lease. If Tenant does not pay any of the foregoing obligations within 5 days after receipt of written Notice to cure, Landlord may terminate Lease and proceed to obtain possession in accordance with the law and seek such damages as are appropriate under Lease and Virginia Law.
6. MANAGEMENT.
(“Managing Agent”),
Office Address:
Phone Number:
, Email:
is
authorized to manage the Premises and collect Rent on behalf of Landlord and shall exercise all rights of Landlord under Lease.
If the Premises are not professionally managed, all references to Managing Agent are hereby deleted in their entirety and Rent is payable to Landlord at the following designated address:
Phone Number:Email:.
Listing Company is acting only as rental agent and has no liability or responsibility for property management, for the escrow funds deposited under Lease after such funds are transferred to Landlord, or for the obligations and agreements to be performed by Landlord or Tenant under Lease.
7.APPOINTMENT OF REGISTERED AGENT BY NONRESIDENT LANDLORD. Any individual nonresident of Virginia who owns and leases residential or commercial real property in Virginia shall have and continuously maintain an agent who is a resident and maintains a business office within the Commonwealth of Virginia. Landlord designates:
Name:
Email:
, as the registered agent.
8.TRUTHFULNESS OF THE RENTAL APPLICATION. Tenant warrants that the statements made on the Rental Application (“Application”), which are made a part of Lease, are material representations that have been relied upon by Landlord. If any material facts in Application are untrue, Landlord shall have the right to: (a) terminate Lease, (b) hold Tenant liable for any and all damages to the Premises, (c) exercise all legal and equitable rights and remedies, and (d) recover reasonable attorney’s fees and costs and all costs incurred to reclaim the Premises and to rent the Premises to another tenant.
9.USES. Tenant will use the Premises solely as a single-family residence for only those adults and children listed on Application and those children born, adopted, or placed under the legal care of Tenant hereafter, and for no other purpose. No portion of the Premises shall be sublet or assigned without the prior written consent of Landlord. Occasional visits by guests, not to exceed 2 weeks during any consecutive 12 month period, are permitted without the prior written consent of Landlord. Tenant shall not use nor allow the Premises to be used for any disorderly or unlawful purposes and shall comply with all applicable laws, ordinances and Rules and Regulations of Landlord or Association. Lease may be terminated at the option of Landlord in case of any nuisance, excessive noise, disturbance or conduct offensive to any other occupant of the building or neighborhood. Tenant expressly agrees not to allow controlled substances or illegal drugs of any type or paraphernalia used in connection with such substances on the Premises. Landlord has the right to terminate Lease where an immediate threat exists that materially affects the health or safety of either Landlord or other tenants. For example, the sale or disposition of dangerous drugs or drug paraphernalia on the
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Initials: Tenant _____/____ Landlord
Premises shall be considered such an immediate threat. In such event, Landlord shall give Tenant written Notice of termination with the time of vacating to be commensurate with the urgency of the situation. Tenant shall vacate and surrender possession of the Premises to Landlord within the time period specified in the Notice of termination.
10.PETS. Tenant and/or Tenant’s guests shall not keep pets on the Premises without the prior written consent of Landlord. Consent may be revoked if Tenant does not obey all Association requirements, Landlord’s rules and regulations, and local laws. Tenant assumes all liability and responsibility for any and all damages caused by pet(s) and shall restrain or secure pets when access is needed. Written consent is hereby granted only for the pet(s) listed on the Application.
11.HOME OWNERS’, CONDOMINIUM ASSOCIATION OR COOP. This property is
subject to a Home Owner Association Condominium Association Cooperative. Tenant must obey the rules and regulations of the
Association (“Association”) which are available to Tenant. Tenant’s failure to comply with the requirements and/or rules and regulations of Association shall constitute a breach of Lease. Tenant shall pay all costs incurred to cure such a breach. Lease grants Tenant the right to use the allowable common areas and facilities of Association for Lease Term, provided that Tenant pays any additional user fees. Landlord agrees to complete the necessary forms for Tenant to obtain or use Association recreation facilities and services.
Tenant agrees to pay all move-in and move-out fees and elevator fees. Tenant acknowledges that the elevator will need to be reserved during Tenant’s move-in and move-out. Tenant
will call Association at Phone Numberto schedule the move. Moving days and hours may be restricted. Tenant will comply with all maintenance programs of Association and provide access for contractor inspections. Tenant agrees to register cars, bicycles and pets with Association, as required.
12.VEHICLE PARKING. No motor vehicle, trailer or motorcycle shall be parked on the Premises without current license plates and jurisdictional stickers. All such vehicles must be in operating condition. Vehicles may be parked only in garages, driveways, assigned spaces, along the street, or as required by the Association rules or by local law.
13.UTILITIES AND SERVICES. Tenant must make any required deposits and pay for the
following utilities and services:
water
sewer
gas
electricity
trash removal
lawn service
security system
other
during Lease Term. Landlord
certifies to Tenant that any fuel tank(s) are or will be full at the beginning of Lease Term.
Tenant agrees to purchase utility service from, as selected by
Landlord. Prior to the release of the Security Deposit, Tenant shall provide to Landlord proof of payment of final utility bills.
14.LANDLORD MAINTENANCE. Except as otherwise noted, Landlord shall maintain the Premises in good repair and tenantable condition and shall be responsible for repairs not due to the fault or negligence of Tenant.
15.FIXTURES AND APPLIANCES. Landlord shall provide as part of the Premises all existing built-in heating and central air conditioning equipment, plumbing and lighting fixtures, sump pump, installed wall-to-wall carpeting, and smoke and heat detectors, and those items listed below. Any fixtures and appliances provided in “As-Is” condition need not be repaired, replaced or maintained by Landlord. Those items listed “As-Is” are provided in as-is, where-is condition, with any existing faults.
Appliances:
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“As-is” Appliances:
16.SMOKE AND CARBON MONOXIDE DETECTORS. Landlord certifies to Tenant that smoke detector(s) have been installed in accordance with the law. Tenant must check smoke detector(s) periodically during the tenancy, replace batteries as needed and report any malfunctions in the smoke detector(s) to Landlord in writing. Within 5 days of receipt of written Notice from Tenant that a smoke detector is defective, Landlord, at Landlord’s expense, shall provide for the service, repair or replacement of smoke detectors.
Tenant has the right to install carbon monoxide detector(s) at Tenant’s sole cost and expense in accordance with the law. Tenant shall not remove or tamper with a properly functioning carbon monoxide detectors or smoke detectors, including removing any working batteries, so as to render the detector inoperative. Landlord is not responsible in any way for the installation or use of a carbon monoxide detector installed by Tenant, and Tenant agrees to indemnify and hold Landlord harmless from any and all claims or losses arising from the installation or use of the carbon monoxide detector.
17.SECURITY DEPOSIT. Prior to the beginning of Lease Term, Tenant shall deposit the sum
of $(“Security Deposit”) to be held by,
who will place it in a federally insured depository and retain any accrued interest. Security Deposit is to ensure Tenant’s full compliance with all provisions of Lease, including but not limited to, Tenant obligations with respect to property damage caused by Tenant, guests, and/or pets. Tenant shall pay the costs of repairs, replacements or Landlord’s other damages that exceed Security Deposit. Tenant cannot use Security Deposit for any payment of rent or other obligations.
If Tenant fails to comply with any provisions of Lease, Landlord may use any part of or retain all of Security Deposit for the payment of the following: Rent, any unpaid late or other charges, utilities, or any amount Landlord may expend because of Tenant’s noncompliance with Lease, including any damages or deficiency in the rental of the Premises, whether accruing before or after re-entry by Landlord.
Within 45 days after the termination of the tenancy and Tenant’s vacating the Premises, Landlord shall return Security Deposit to Tenant, less any deductions, provided Tenant has performed all obligations under Lease, returned all keys, passes and documents, and surrendered the Premises in the same condition as at the beginning of Lease Term, except for reasonable wear and tear. Within 30 days after termination of the tenancy and Tenant’s vacating the Premises, Landlord shall provide an itemized statement of estimated deductions to be charged against Security Deposit. Unless proof of payment of final utility bills has been provided to Landlord, a minimum of $100.00 may be withheld from Security Deposit to pay any unpaid utility bills.
If during Lease Term, including any extension or holdover, any part of Security Deposit is used by Landlord in accordance with the terms of Lease or applicable law, Landlord shall provide notification to Tenant of such use and shall provide an itemized list of charges within 30 days. Tenant shall immediately deposit with Landlord a sum equal to the amount used so that the full Security Deposit is on hand at all times during Lease Term.
Landlord shall provide notification to Tenant of the name, address and telephone number of the new Managing Agent or new Landlord in the event of a change in rental management or the sale, transfer or assignment of Landlord’s interest in the Premises or in Lease. In the event of a sale, transfer or assignment of Landlord’s interest in the Premises or Lease,
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Landlord shall transfer Security Deposit and be released from all liability in connection with Lease. At the end of Lease Term, including any extension, Tenant shall request the return of Security Deposit from the new Managing Agent or Landlord.
18.MOVE-IN INSPECTION. Within 5 days after the beginning of Lease Term, Landlord shall submit a written report to Tenant itemizing the condition of the Premises at occupancy including the identification of any visible evidence of mold. This report is for information only and does not constitute an agreement to decorate, alter, repair or improve the Premises. Any request for repairs must be submitted separately in writing to Landlord. This report shall be deemed correct unless Tenant submits additional items in writing to Landlord within 5 days after receipt of the report. If Tenant does not object to any item on Landlord’s disclosure report, then Tenant thereby agrees that the written report is deemed to be correct, including, but not limited to, that there is no visible evidence of mold in the Premises should it not be mentioned on the report. If Landlord’s written report states that there is visible evidence of mold in the Premises, Tenant has the option to not take possession and terminate the tenancy or to remain in possession of the Premises. If Tenant requests to take possession, or elects to remain in possession of the Premises, notwithstanding the presence of visible evidence of mold, Landlord shall promptly remediate the mold condition no later than 5 business days thereafter and re-inspect the Premises to confirm there is no visible evidence of mold in the Premises. A new written report will reflect that there is no visible evidence of mold in the Premises.
19.TENANT OBLIGATIONS. Throughout Lease Term, Tenant must keep Landlord informed of Tenant’s telephone numbers. Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises, nor permit any person to do so. Tenant shall pay for any repairs or replacements made necessary due to deliberate, accidental or negligent acts or omissions of Tenant, Tenant’s family, guests, employees or pet(s). Tenant is responsible for:
A.Maintaining the Premises in a clean and sanitary condition and disposing of all trash, garbage, and waste in sealed containers.
B.Using and operating all appliances, equipment and systems in a safe and reasonable manner. Tenant shall not overload any system. Tenant must drain outside water spigots each fall. In the event the Premises’ plumbing is frozen or obstructed due to the negligence of Tenant, Tenant’s family or guests, Tenant shall pay immediately the cost of repairing frozen pipes or cleaning such obstruction and any additional costs associated with the repair (i.e. drywall, paint, carpets, etc.).
C.Furnishing and replacing all light bulbs and fuses as needed and changing furnace and air conditioner filters at least every 2 months.
D.Clearing of all drains and toilets and maintaining caulking around tubs and showers, maintenance of all carpeting and flooring in a clean and good condition, replacement and payment for glass and screen breakage.
E.Maintaining the Premises in such a manner as to prevent the accumulation of moisture and the growth of mold. Tenant shall promptly Notify Landlord in writing of any moisture accumulation or visible evidence of mold.
F.Cutting, watering and maintaining the lawn and pruning shrubbery; promptly removing ice and snow from all walks, steps and drives; maintaining exterior gutters, drains and grounds free of leaves and other debris.
G.Promptly reporting in writing to Landlord any defect, damage, or breakage. Failure to report shall make Tenant liable for the repair of any additional damage. This provision does not require Landlord to repair or correct such defects, breakage, malfunction or damage.
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H.Paying the cost of any unnecessary service call and any costs incurred as a result of Tenant failing to keep appointments with service persons that require access in order to make scheduled repairs. Any request for repair is understood to mean that Tenant has given permission to enter the Premises to make the repair.
I.Making any repairs, alterations, or additions required by any governmental authority, Association, insurance company or the Managing Agent due to Tenant’s use.
J.Controlling and eliminating household pests including but not limited to fleas, ticks, bed bugs, roaches, silverfish, ants, crickets, and rodents during occupancy. Upon vacating the Premises, Tenant shall be responsible for the costs of the elimination of all such pests and vermin.
K.Providing notification to Landlord if Tenant intends to be absent from the Premises for more than 14 days. If Tenant fails to Notify Landlord, Landlord may consider the Premises abandoned.
L.Not placing or displaying any sign, advertisement or notice on any part of the Premises.
M.Not creating or permitting any lien upon the Premises or Tenant’s interest in Lease. Lease shall not be recorded by Tenant.
N.Providing a copy of the court order to Landlord if a Tenant is granted possession of the Premises by a court of competent jurisdiction to the exclusion of any other Tenant or occupant, or provide a key to any locks that are changed and/or security codes to any devices installed on the Premises.
20.LANDLORD CONSENT REQUIRED. Tenant is required to submit a written request, including any plans for restoration, to Landlord and obtain Landlord’s written consent for any of the following:
A.Remodeling, making any structural change, alteration, addition, or decoration, including without limitation, wallpapering and painting.
B.Installing, attaching, removing, or exchanging appliances or equipment, such as air conditioning, heating, refrigeration, TV antenna or satellite dish, wood burning stoves, fireplace inserts or kerosene heaters.
C.Driving nails or other devices into walls, ceilings or woodwork (other than a reasonable number of picture hanger nails, which are permitted).
D.Affixing any object containing an adhesive backing to any surface or attaching plant hooks to the ceiling.
E.Re-keying locks, installing additional locks or security systems. Tenant must provide Landlord, and Association where required, with a duplicate of all keys and instructions on how to operate all locks and/or systems.
F.Installing iron safes, water beds, aquariums over 20 gallons, or any extra-heavy objects as reasonably determined by Landlord.
21.INSURANCE REQUIREMENTS. Throughout Lease Term, Tenant shall maintain an insurance policy which provides public liability coverage, protects Tenant’s personal property and names Landlord and Managing Agent as additional insured. Tenant shall provide Landlord with a certificate of such insurance prior to occupying the Premises. Tenant will do nothing and permit nothing to be done on or about the Premises that will increase the cost of or cause the cancellation of any fire or other insurance policy covering the Premises. All of Tenant’s personal property located or stored at the Premises shall be at Tenant’s sole risk. Tenant shall indemnify and hold harmless Landlord from any loss or damage to such personal property. Landlord and/or Association shall not be liable for any injury, damage, or loss resulting from any accident or occurrence in or upon the Premises.
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If Tenant fails to provide a certificate of insurance, Landlord may obtain a policy covering Tenant’s personal property and liability coverage. The cost shall be added either to the monthly Rent or paid by Tenant as billed.
22.COSTS OF ENFORCEMENT, WAIVER OF EXEMPTIONS, SEVERABILITY AND STATUTORY REQUIREMENTS.
A.Tenant shall pay all costs, expenses, fees, and charges incurred by Landlord in enforcing, by legal action or otherwise, any of the provisions of Lease, including the payment of reasonable attorneys’ fees, and Tenant hereby waives the benefit of any homestead or similar exemption laws with respect to the obligations of Lease.
B.If Tenant fails to perform any of the provisions of Lease (other than failure to pay Rent when due), or upon abandonment of the Premises, Landlord shall give written Notice to Tenant specifying the particular non-compliance and Landlord may terminate Lease not less than 30 days after Tenant’s receipt of such Notice unless Tenant remedies the non-
compliance within days in a manner acceptable to Landlord. In addition to any
costs of enforcement, Landlord shall be entitled to possession of the Premises, rents and other fees due, as well as rents due for the entire remaining Lease Term and any other rights or remedies to which it is entitled at law or in equity. If Landlord does not pursue Lease termination when non-compliance is noted or accepts additional rents, such actions do not constitute a waiver or acceptance of the non-compliance. Landlord reserves the right to take future action against non-compliance.
C.No waiver of any breach of any part of Lease, or compromise or settlement relating to such a breach shall operate as a waiver of the provision itself, or any later breach.
D.All individual provisions in Lease shall be severable. If any one or more such provision is determined by any court or administrative body to be unenforceable, or to be in conflict with any law of any applicable jurisdiction, such determination shall have no effect whatsoever on the remaining provisions of Lease.
E.In the event that the provisions of any applicable statute apply to Lease and are inconsistent with the provisions of Lease, the provisions of the applicable statute shall control and Lease shall be deemed to be amended to comply with such provisions.
23.ACCESS TO PREMISES. Landlord or designated representative(s), upon reasonable notification to Tenant and at reasonable times, may enter the Premises in order to do any of the following: (a) inspect the Premises, (b) make necessary or agreed upon repairs, decorations, alterations, or improvements, (c) supply necessary or agreed services. Whenever possible Landlord shall arrange for contracted workers to coordinate with Tenant the time and date when workers may enter the Premises in order to accomplish repairs or services. It then shall be Tenant’s responsibility to ensure that these workers have access to the Premises at a time and date convenient to both Tenant and workers during the regular business hours of the firm doing the work. If Tenant refuses to allow or prevents access, Tenant shall bear any additional expense, such as after-hours or overtime fees, incurred by Landlord. Refusal of Tenant to allow access is a breach of Lease. Landlord may take legal action to compel access or may terminate Lease. In either case, Landlord may recover actual damages sustained and reasonable attorneys’ fees. In an emergency, where it is impractical for Landlord to give reasonable notification to Tenant of Landlord’s intent to enter the Premises, or in case the Premises have been vacated, abandoned, or surrendered by Tenant, the Premises may be entered by Landlord or designated representative(s) without notification and without the consent of Tenant.
In addition, Landlord may (a) place a “For Sale” or “For Rent” sign upon the Premises and a REALTOR® Lockbox/Keysafe; (b) upon reasonable notification to Tenant and at reasonable times, to show the Premises to prospective purchasers 90 days prior to the end of Lease Term
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or to prospective tenants 60 days prior to the end of Lease Term; and (c) upon reasonable notification to Tenant and at reasonable times show property to prospective purchasers at any time within Lease Term by appointment. Buyer agents and tenant agents are authorized to show the Premises under this section. Tenant will remove or secure any pet(s) on the Premises when property is to be shown or when repairs are scheduled.
24.TRANSFER OF LANDLORD. (Check if applicable) Landlord resides away from the
Washington metropolitan area at the time that Lease is entered into. It is agreed that if Landlord is transferred back to the Washington Metropolitan area by Landlord’s employer or is discharged from active duty with the Armed Forces of the United States or with the National Guard, and that Landlord wants to reside in the Premises, then Landlord shall have
the right to terminate Lease by giving Tenant at least days Notice in writing whereupon Tenant shall vacate and surrender possession of the Premises to Landlord within the termination time period.
25.TRANSFER OF TENANT.
A.Under the Servicemembers Civil Relief Act of 2003 (“SCRA”), as it may be amended from time to time, and under Virginia law, a tenant who is a member of the United States Armed Forces or of the National Guard serving full-time duty, or a Civil Service technician with a National Guard Unit (“Military Tenant”) has the right to terminate Lease if such Military Tenant (a) receives orders to depart 35 miles or more (radius) from the Premises either for a permanent change of station or for temporary duty for more than 3 months, (b) is discharged or released from active duty or from full-time duty or technician status, (c) is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters, or (d) after entry into military service.
The Military Tenant may terminate Lease by serving Landlord with written Notice of termination stating the date when termination will be effective. The date of termination shall not be less than 30 days after the first date on which the next rental payment is due after the date on which the written Notice is delivered. In addition, the termination date shall not be more than 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. Military Tenant shall attach to Notice of termination a copy of the orders, official notification of orders, or a signed letter from the commanding officer confirming the orders.
B.(Check if applicable) Tenants who are not Military Tenants have the right to terminate Lease if transferred 50 miles or more (radius) from the Premises by the employer stated on Application. The termination shall be effective on the last day of the second calendar month following the month in which Landlord receives the Notice of termination. Tenant shall provide a copy of Tenant’s transfer letter and/or orders, the final month’s rent and the following termination or cancellation fee: (a) 1 month’s rent if Tenant has completed fewer than 6 months of the tenancy as of the effective date of termination, OR (b) One- half (½) of 1 month’s rent if Tenant has completed 6 months or more of the tenancy as of the effective date of termination.
26.LANDLORD’S INABILITY TO DELIVER POSSESSION TO TENANT. If Landlord is unable to deliver possession of the Premises to Tenant on the commencement date of Lease through no fault of Landlord, Landlord shall not be liable to Tenant for any damages other than to rebate any rent paid by Tenant for such portion of the Term during which the Premises are not delivered to Tenant. If Landlord cannot deliver possession of the Premises
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or provide Tenant with an alternative residential dwelling unit acceptable to Tenant within 15 days after the commencement date of Lease, then Lease may be terminated by either Landlord or Tenant by giving Notice to the other as provided herein.
27.EARLY TERMINATION OF OCCUPANCY. Except as provided herein, Tenant shall not be released from liability for rent and other charges due under Lease unless Landlord agrees in writing to release Tenant from such liability. Tenant’s vacating the Premises prior to the end of Lease Term will not cancel any claims Tenant or Landlord may have arising out of events occurring during Lease Term or during any holdover by Tenant.
28.BANKRUPTCY. Subject to the requirements of the applicable law, in the event Tenant is adjudicated as bankrupt, (or makes an assignment for the benefit of creditors), then Lease, at the option of Landlord, shall terminate upon 30 days written Notice and the Premises shall be surrendered to Landlord, who reserves the right to repossess the Premises subject to the applicable provisions of law.
29.CONDEMNATION. In the event that the Premises or any part of the Premises are taken by any authority exercising the power of eminent domain, Lease shall terminate as of the date possession shall be taken by the condemning authority. Tenant waives all claims against Landlord or any condemning authority due to the complete or partial taking of the Premises, and shall not be entitled to receive any part of any award that Landlord may receive.
30.DEATH OF A TENANT OR LANDLORD.
A.Sole (or all) Tenant’s death: Lease is automatically terminated and Rent is due to Landlord through the end of the following month. Landlord, within 30 days after Tenant’s death (or within 30 days of Landlord’s actual knowledge of Tenant’s death, if later) shall give Tenant’s estate or personal representative written Notice terminating Lease and stating Tenant’s death as the reason for termination.
B.Death of one (but not all) Tenants: Lease may be terminated by any party (Landlord, remaining Tenant(s), or the deceased Tenant’s estate), by giving 60 days written Notice (90 days written Notice if Lease Term is more than 1 year) and a copy of the death certificate to the other party. Notwithstanding the forgoing, a surviving Tenant or a deceased Tenant’s estate may terminate Lease as soon as 30 days after giving written Notice and the required death certificate. This right to terminate Lease must be exercised by any party within 30 days after Tenant’s death.
C.Death of Landlord (whether one or more): Lease may be terminated by the remaining Landlord or Landlord’s estate, by giving 60 days written Notice (90 days written Notice if Lease Term is more than 1 year) and a copy of the death certificate to Tenant. This right to terminate Lease must be exercised within 30 days after Landlord’s death.
31.FIRE OR CASUALTY DAMAGE. In the event the Premises are damaged by fire or casualty Tenant must promptly Notify Landlord. If Landlord determines that the damage does not render the Premises substantially impaired or in need of repairs requiring Tenant to vacate the Premises, Landlord shall repair the damage within a reasonable period of time after Notice from Tenant. Tenant must continue to pay Rent during the period of the repairs. If Landlord determines that the Premises are uninhabitable, Lease shall automatically terminate. If Landlord reasonably believes that the fire or casualty was caused by Tenant, or Tenant’s family, guests, employees or pets, Tenant shall not have the right to terminate Lease and Tenant shall be liable for Rent through Lease Term.
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32.SALE TO TENANT. Tenant is notified that there may be a commission due under a separate brokerage agreement if Tenant should purchase the Premises. This paragraph does not give Tenant an option or right to purchase the Premises.
33.MOVE-OUT INSPECTION. Tenant has the right to be present at the inspection. Landlord, within 5 days of receipt of Notice of the Tenant’s intent to vacate the Premises, shall make a reasonable effort to advise Tenant of the right to be present at Landlord’s inspection of the Premises, which will take place within 72 hours after Tenant’s departure. Tenant shall advise Landlord in writing of the intent to be present at the inspection. If Tenant fails to make such a request Landlord will proceed to do the move-out inspection without Tenant being present. The inspection is made to determine what portion of the Security Deposit will be returned to Tenant and whether Tenant may be liable for damages exceeding the amount of Security Deposit. Prior to the inspection, Tenant shall:
A.Have carpets, gutters and chimney(s) cleaned by a professional company acceptable to Landlord and provide copies of all paid receipts.
B.Have the Premises professionally treated for fleas and ticks if pets have been present and provide a paid receipt.
C.Eliminate all household pests and vermin from the interior of the Premises.
D.Install clean air filters on furnace and air conditioning units. Provide evidence from the company selected by Landlord that the fuel tank(s) are refilled.
E.Ensure that the Premises, including kitchen, baths and all appliances, floors, walls and windows, are thoroughly cleaned, that grass is cut and trash is removed.
F.Have all light bulbs and smoke detectors in working order.
G.Return all keys, garage door openers, passes and documents provided.
34.SUBORDINATION. Lease is and shall remain subject and subordinate to all mortgages or deeds of trust now or hereafter affecting the Premises or the building in which the Premises are located and any modifications, renewals, extensions or replacements to such mortgages or deeds of trust. Although the subordination provision of this section shall be deemed automatic, Tenant shall, within 5 days after the request, execute any documents requested by Landlord to confirm such subordination. If Tenant fails to do so, Tenant irrevocably appoints Landlord as Tenant’s attorney-in-fact to execute the documents on behalf of Tenant.
35.NOTICE. Any Notice (“Notice”, “notice” or “Notify”) provided for or permitted in Lease to be given by one party to the other shall be in writing and shall be delivered either by U.S. mail, return receipt requested, or by hand delivery and shall be deemed to have been delivered either 3 business days after the date mailed, or the date such Notice is hand delivered.
36.LEAD BASED PAINT. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not maintained properly. Lead exposure is especially harmful to young children and pregnant women. The Premises were not OR were built before 1978. If built before 1978, the Lead Based Paint Disclosure and EPA information book “Protect Your Family from Lead in Your Home” are attached.
37.MISCELLANEOUS. The conditions contained in Lease are binding on, and may be legally enforced by the parties, their heirs, executors, administrators, successors and permitted assigns, respectively. The captions and headings are for convenience of reference only. Lease contains the final and entire agreement of the parties and neither they nor their agents shall be bound by any terms, conditions, statements, warranties, or representations, oral or
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When it comes to filling out the NVAR K1333 form for a residential lease that is not governed by the Virginia Residential Landlord Tenant Act, following a systematic approach will simplify the process. This specific form details the agreement between a landlord and a tenant regarding the rental of a property. Ensuring accuracy and thoroughness while completing this document is crucial, as it outlines important terms such as lease duration, rent amount, and other conditions related to the tenancy.
After completing all sections, both the tenant and landlord should initial each page and sign the form to acknowledge their agreement to its terms. Ensure to keep a copy for your records, reflecting a thorough understanding and consensus of the lease conditions.
What is the Nvar K1333 form?
The Nvar K1333 form is a lease agreement used in certain real estate leasing transactions in Virginia. It outlines the terms and conditions between a landlord and tenant for the rental of residential property. This specific lease is not governed by the Virginia Residential Landlord Tenant Act, employing instead common law principles.
Who needs to sign the Nvar K1333 lease agreement?
Both the landlord and tenant must sign the Nvar K1333 lease agreement to acknowledge their understanding and acceptance of its terms. If a brokerage firm represents one or both parties, they must also acknowledge this arrangement in the lease, with the pertinent disclosure form attached.
What details are required in the Nvar K1333 form?
The form requires detailed information about the leased premises, the lease term, rent amount and payment schedule, late payment penalties, and provisions for utilities, pets, and parking. It also covers the rights and obligations of both the landlord and tenant, including maintenance responsibilities and conditions under which the lease may be terminated.
Can the lease term on a Nvar K1333 be extended?
Yes, the lease term can be automatically extended on a month-to-month basis under the same terms and conditions, unless either party provides not less than 30 days prior written notice to terminate the lease at the new end date. Parties may also agree in writing to extend or renew the lease for a specified term, with negotiations for such an extension beginning no less than 60 days before the end of the initial lease term.
How are rent payments structured in the Nvar K1333 agreement?
Rent payments are due in monthly installments in advance on the first day of each month. The first full month's rent is payable before occupancy in certified funds, cashier’s check, or money order. If the lease begins on a day other than the first of the month, rent will be prorated accordingly.
What happens if a rent payment is late?
If rent is not received by the landlord on or before the due date, it is considered late, constituting a default under the lease. The tenant agrees to pay a specified late charge if rent is not paid within a set number of days after the due date. Additionally, a charge will be applied for each returned check, with the landlord reserving the right to require future payments be made in certified funds.
What are the responsibilities of the tenant under this lease?
Tenants are required to maintain the premises in a clean, sanitary, and orderly condition, operate all appliances and systems responsibly, replace light bulbs and furnace filters, and promptly report any defects or damage. Tenants must also comply with rules regarding parking, pet ownership (if applicable), and utilities.
What provisions are made for a security deposit in the Nvar K1333?
A security deposit is collected before the lease term begins to ensure the tenant's compliance with the lease terms. It cannot be used by the tenant for rent or other obligations. Any portion of the security deposit used by the landlord for repairs, unpaid charges, or as a result of the tenant's noncompliance will be accounted for and communicated to the tenant, with the balance returned within 45 days after the lease ends minus any lawful deductions.
How are utilities and services handled?
Tenants are responsible for making any required deposits and paying for utilities and services such as water, sewer, gas, electricity, and trash removal, as well as for lawn service and security system charges, if applicable. The landlord will ensure fuel tanks are full at the beginning of the lease term, and tenants choose the utility service providers from options selected by the landlord.
Filling out the NVAR K1333 lease form is a critical step in establishing a legal tenancy agreement. Unfortunately, many individuals make errors during this process, which can lead to misunderstandings or legal issues down the line. One common mistake is failing to thoroughly review and understand all the terms and conditions before signing. The document contains critical information about the lease term, rent, security deposit, and tenant and landlord obligations, which should be comprehensively understood.
Another typical error involves incorrectly filling out personal and property details. For instance, tenants may enter incorrect information regarding the street address, subdivision, or parking space number. Accuracy is crucial as these details are foundational to the lease's validity and ensure that all correspondences and legal documents are correctly issued.
Tenants often overlook the importance of accurately documenting the lease term, including the start and end dates. Misunderstandings about the duration of the lease can lead to disputes over when the tenant is supposed to vacate the property. Additionally, failure to note the conditions under which the lease may be extended or renewed can create confusion at the end of the initial lease term.
A significant mistake made by tenants relates to the rent amount and payment terms. Misunderstanding the total rent due for the lease term or the amount and due date of monthly installments can result in late payments, leading to additional charges or even default under the lease agreement. It is also important to note the accepted forms of payment to avoid issues with rent submission.
Not properly acknowledging the late payment and returned check clauses is another error. These clauses detail the consequences of late rent payments and bounced checks, including any applicable fees. Ignorance of these clauses does not exempt tenants from these penalties.
Failure to recognize the clause regarding the management and appointment of a registered agent, especially for nonresident landlords, can create issues. This section provides vital contact information and outlines the responsibilities of the managing agent or appointed representative, which is critical for effective communication and management of the premises.
Errors related to the use of premises and rules about pets are also common. Tenants might mistakenly believe they can use the property for purposes other than as a single-family residence or assume that pets are allowed without specific consent. Violating these terms can lead to termination of the lease.
Another oversight involves ignoring the conditions related to the homeowner's, condominium association, or cooperative. Failing to comply with the rules and regulations of such associations can constitute a breach of lease, resulting in penalties or eviction.
Finally, tenants may neglect the importance of the security deposit clause. Misunderstanding the conditions under which the security deposit can be used or failing to comply with the terms for its return can lead to disputes at the end of the lease term. Knowing the specifics about the security deposit, including any deductions for repairs or cleaning, is essential for a smooth lease conclusion.
When dealing with real estate transactions, such as the leasing process represented by the NVAR K1333 form, various other forms and documents often come into play to ensure a smooth and legally compliant procedure. Understanding these documents enhances the efficiency and legal integrity of the transaction.
These documents, among others, form the backbone of a legally sound leasing process. They not only ensure compliance with applicable laws and regulations but also protect the rights and interests of both landlords and tenants. Understanding and using these forms correctly is crucial for a successful real estate transaction.
The General Residential Lease Agreement is similar to the NVAR K1333 form, primarily because it outlines the terms and conditions under which a tenant may occupy and use residential property. Like the NVAR K1333, it typically specifies the lease term, rent amount, security deposit requirements, and the rights and responsibilities of both the landlord and tenant. Key similarities include provisions on rent payment schedules, property maintenance, and conditions for termination of the lease.
Another document resembling the NVAR K1333 form is the Month-to-Month Rental Agreement. This agreement covers many of the same aspects as the NVAR K1333, such as rent, security deposits, and landlord and tenant obligations. The notable difference lies in the lease term; while the NVAR K1333 may specify a fixed term, the month-to-month arrangement allows either party to terminate the lease with proper notice, typically 30 days.
The Sublease Agreement is also similar in structure and content to the NVAR K1333 form. It involves an original tenant (sublessor) leasing the rented property to a new tenant (sublessee). Although the NVAR K1333 directly involves the landlord and the tenant, both documents share common elements such as lease duration, rent amount, and property maintenance obligations. The Sublease Agreement also requires acknowledgment and sometimes permission from the landlord.
The Lease Renewal Agreement, akin to clauses within the NVAR K13333 form regarding lease extension, offers existing tenants the option to extend their lease for a new term. Both documents address terms under which the lease may continue beyond its original period, including any changes to rent or other conditions initially agreed upon. Such agreements ensure continuity without the need to sign a completely new lease while updating any relevant terms.
The Room Rental (Roommate) Agreement, while more specific than the NVAR K1333 form, shares the intention of defining the terms of a residential lease. This agreement is between the tenant(s) or a landlord and an individual renting a room in the property. Similar sections would cover rent, utility payments, house rules, and shared responsibilities, adapting the broad lease concepts of the NVAR K1333 to the specifics of shared living situations.
The Commercial Lease Agreement parallels the NVAR K1333 form with a focus on non-residential, commercial properties. Although the fundamental purpose is the same - to delineate the terms of property rental - the commercial lease addresses issues particular to commercial use, such as zoning laws, renovations for business purposes, and signage. Despite these differences, both documents serve to protect the interests of both parties involved in the lease agreement.
The Property Management Agreement is a contract between a property owner and a manager or management company. Similar to how the NVAR K1333 form outlines the responsibilities of managing residential property, this agreement specifies the manager’s role in maintaining the property, collecting rent, and dealing with tenants. It underscores the legal and operational frameworks within which property management activities occur, akin to the lease's articulation of tenant-landlord relations.
Last is the Vacation Rental Agreement, which, like the NVAR K1333 form, governs the temporary rental of residential property, but for short terms and often to vacationers. This agreement shares common elements with the NVAR K1333, such as payment details, security deposits, and cancellation policies. Although designed for shorter durations, it ensures that the responsibilities and expectations for both parties are clear and agreed upon prior to occupancy.
When filling out the NVAR K1333 form, it's important to pay close attention to the details to ensure that the lease process goes smoothly and to avoid any potential complications. Below are some vital do's and don'ts to keep in mind:
Thoroughly read and understand each section before filling out the form to ensure that all terms and conditions are clear and agreeable.
Double-check the details of the premises, including the street address, subdivision, parking space number, and if applicable, mail box and unit numbers, to ensure accuracy.
Make sure to correctly list the lease term, including the start and end dates, to avoid any misunderstandings regarding the rental period.
Provide accurate information on the rental application, as false statements can lead to termination of the lease and potential legal action.
Don't neglect to fill out the contact information for both the tenant and the landlord, including phone numbers and email addresses, as this is crucial for communication throughout the lease term.
Avoid signing the lease before all concerns or questions are addressed. If there's anything in the lease agreement that's unclear, ask for clarification before agreeing to the terms.
Don't assume any terms or conditions not explicitly stated in the lease. If something important to you isn't mentioned, such as pet policies or maintenance responsibilities, make sure to have it added and agreed upon in writing.
Do not forget to document the condition of the premises at the beginning of the lease term through a move-in inspection report, and submit any additional items in writing within the specified timeframe.
When discussing the NVAR K1333 form, especially related to residential leases in Virginia, numerous misconceptions often arise. These misunderstandings can affect both landlords and tenants, potentially leading to disputes or violations of the agreement. Here, we address some of the most common misconceptions to provide clarity.
Understanding these aspects of the NVAR K1333 form is critical for both landlords and tenants to ensure a clear, legal, and fair leasing arrangement. Misconceptions, if unaddressed, can lead to conflicts that could have been easily avoided with apt knowledge and communication.
When filling out and using the NVAR K1333 form, it's important to keep the following key takeaways in mind:
This form serves as a comprehensive agreement between landlord and tenant, detailing the expectations, duties, and rights of each party to ensure a clear and lawful leasing arrangement.
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