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Navigating the intricacies of a residential lease requires a comprehensive understanding of the terms and conditions that bind both the landlord and the tenant. The Nvar K1333 form is a pivotal document in this process, especially for those in Virginia navigating the leasing landscape outside the coverage of the Virginia Residential Landlord Tenant Act. This particular lease agreement underscores the mutual agreements made between the landlord and the tenant, with detailed stipulations regarding the premises, lease term, rent specifics, and the roles of the listing and leasing companies involved. Important clauses address management responsibilities, appointment of agents for nonresident landlords, and the obligations of both parties regarding rent payments, maintenance, and the use of the premises. Notably, the form also outlines protocols for late payments, returned checks, failure to pay rent, and the handling of security deposits, ensuring clarity and protection for both parties involved. By comprehensively covering everything from pets and parking to utilities and tenant obligations, the Nvar K1333 facilitates a clear understanding of each party's rights and responsibilities, making it an essential tool for landlords and tenants seeking to formalize their rental agreement with precision and foresight.

Preview - Nvar K1333 Form

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

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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:

 

Street Address:

 

 

 

 

Phone Number:

 

 

 

, 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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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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Download Nvar K1333 PDF Form

Form Data

Fact Number Description
1 The Nvar K1333 form is a residential lease agreement not governed by the Virginia Residential Landlord Tenant Act.
2 This lease defines the relationship between the landlord and tenant without protections offered by the state-specific tenant act.
3 The lease commencement and termination dates are explicitly noted, with provisions for automatic extension as a month-to-month lease under the same terms unless notice is provided by either party.
4 Rent is payable in advance on the first day of each month, with the lease stipulating the payment method and addressing proration for partial months.
5 Late payments and returned checks incur additional charges, and the landlord may demand future payments be made by certified funds.
6 A managing agent may be appointed to handle rent collection and exercise landlord rights under the lease.
7 Nonresident landlords must designate a local agent for property management purposes.
8 Tenant's obligations include ensuring the information provided on the rental application is truthful, under penalty of lease termination and liability for damages.
9 The premises must be used solely as a single-family residence, with limits on guest occupancy and prohibitions on subletting without landlord consent.
10 The lease addresses pet ownership, requiring prior landlord approval and assuming liability for any damage caused by pets.

Instructions on Utilizing Nvar K1333

Completing the Nvar K1333 form is a necessary step in securing a residential lease that is not covered by the Virginia Residential Landlord Tenant Act. Each part of the form aims to outline the agreement clearly between the landlord and tenant, including the responsibilities and expectations of each party. To ensure an accurate and legal agreement, follow these steps carefully when filling out the form.

  1. At the top of the form, fill in the date the lease is made.
  2. Enter the full names of the Landlord and Tenant in the designated spaces.
  3. Specify whether the Listing Company and/or Leasing Company represent the Landlord, Tenant, or both, and attach any necessary disclosure forms.
  4. Under "PREMISES," write the complete address, including street address, subdivision, county/city, parking space number, mailbox number (if applicable), unit number, condominium name, and storage bin number (if applicable).
  5. For "LEASE TERM," insert the start and end dates and times. If the lease is to be extended, note the conditions for extension or termination.
  6. In the "RENT" section, fill in the total rent for the initial lease term, the amount of the first full month's rent, and the monthly installment amount. Indicate the starting date for monthly rent payments and detail any prorated amounts for partial months.
  7. Complete sections on "LATE PAYMENT AND RETURNED CHECKS," and "FAILURE TO PAY RENT," specifying the late charge amount and the terms for returned checks and failure to pay.
  8. Under "MANAGEMENT," fill in the managing agent's details or alter the section accordingly if the premises are not professionally managed.
  9. If applicable, designate a registered agent for a nonresident landlord, including the agent's name, email, street address, and phone number.
  10. Confirm the "TRUTHFULNESS OF THE RENTAL APPLICATION" by reviewing and agreeing to the statements regarding the Rental Application’s accuracy.
  11. Specify the "USES" permitted for the Premises, including restrictions on occupants and prohibitions on certain activities.
  12. Detail any "PETS" policy, including the requirement for written consent from the Landlord for any pets on the Premises.
  13. Review and fill in specifics regarding any "HOME OWNERS’, CONDOMINIUM ASSOCIATION OR COOP" rules and required adherence by the Tenant.
  14. Address "VEHICLE PARKING" restrictions and requirements as per the agreement or association rules.
  15. For "UTILITIES AND SERVICES," list the utilities and services for which the Tenant is responsible.
  16. Outline the "LANDLORD MAINTENANCE" obligations and any exceptions.
  17. List fixtures and appliances provided by the Landlord, noting any "As-Is" conditions.
  18. Ensure compliance with laws regarding "SMOKE AND CARBON MONOXIDE DETECTORS," including the Tenant's responsibilities.
  19. Detail the "SECURITY DEPOSIT" amount, holding conditions, and terms for return or use.
  20. Conduct and document a "MOVE-IN INSPECTION," agreeing on the condition of the Premises at occupancy.
  21. Finally, review and agree to "TENANT OBLIGATIONS" regarding the maintenance and care of the Premises.

Once all sections are accurately completed, both the Landlord and Tenant must provide their initials on each page and signatures where necessary to validate the agreement. It's important to keep a copy of the fully executed lease for your records.

Obtain Answers on Nvar K1333

  1. What is the NVAR K1333 form?

    The NVAR K1333 form, also known as the "Lease – Common Law", is a document that outlines the terms and agreements for a residential lease that is not governed by the Virginia Residential Landlord Tenant Act. It establishes the contractual relationship between the landlord and tenant over a specific property for residential use, detailing conditions such as lease term, rent amount, obligations for both parties, and more.

  2. Who needs to sign the NVAR K1333 form?

    The form must be signed by both the landlord (the property owner or the landlord's legal representative) and the tenant (the individual or party renting the property). If there are multiple tenants, such as in the case of roommates, each tenant should sign the lease to ensure they are all legally bound by its terms. The involvement of listing and leasing companies, if any, is also recognized in this form, specifying whom they represent.

  3. What information is required on the NVAR K1333 form?

    Essential information required includes the full names and contact details of the landlord and tenant, the address of the leased property, lease term dates, monthly rent amount, and security deposit details. Additionally, the form outlines responsibilities for utility payments, maintenance, and use of the property, among other provisions such as late payment fees, renter's insurance requirements, and conditions under which the lease might be terminated early.

  4. Can the lease be extended beyond the initial lease term according to the NVAR K1333 form?

    Yes, the lease can be automatically extended on a month-to-month basis upon the same terms and conditions as set forth in the initial agreement unless either party provides not less than 30 days prior written notice to terminate the lease at the new end date. The form also allows for negotiation between the tenant and landlord to extend or renew the lease under mutually agreed terms, for which notice must be given 60 days prior to the end of the initial term.

  5. What happens if rent is not paid on time as per the NVAR K1333 form?

    If rent is not received by the landlord on or before the due date, it constitutes a default under the lease. The tenant agrees to pay a late charge, and if the rent and late charge are not paid within a specified timeframe after receipt of written notice from the landlord, the landlord has the right to terminate the lease and proceed with legal actions to reclaim possession of the property and seek damages as appropriate under the lease and Virginia law.

  6. How are security deposits handled according to the NVAR K1333 form?

    The security deposit, paid by the tenant before moving in, must be kept by the landlord (or managing agent) in a federally insured depository. It ensures the tenant's compliance with the lease terms. The landlord may use this deposit for unpaid rent, damages, or other lease obligations. Within 45 days after the lease ends and the property is vacated, the landlord must return the security deposit, less any lawful deductions, provided the tenant has met all lease obligations. Tenants are entitled to an itemized statement of any deductions made from their deposit.

Common mistakes

When filling out the NVAR K1333 form, which is a residential lease agreement not governed by the Virginia Residential Landlord Tenant Act, people often make several mistakes. Here are nine common errors:

  1. Incorrect or incomplete identification details: Tenants and landlords sometimes miss out on filling their full names, contact information, or inaccurately represent the listing or leasing company involved.
  2. Not specifying representation clearly: Failing to indicate whether the leasing company represents the landlord or tenant, especially in cases of dual representation, can lead to misunderstandings down the line.
  3. Misidentifying the premises: Incomplete descriptions of the residence, including incorrect street addresses, subdivision information, or condo unit numbers, can lead to legal complications.
  4. Lease term discrepancies: Participants often make errors in delineating the lease term, such as incorrect start or end dates, not clarifying terms related to lease extension, or failing to give proper notice periods as required.
  5. Incorrect rent details: It's common to enter wrong amounts for the monthly rent or misstate the due dates. Not specifying the acceptable payment method or forgetting to include information on prorated amounts if the lease starts mid-month are also frequent mistakes.
  6. Omitting late payment penalties: Tenants and landlords might neglect to detail the charges applicable for late payments or bounced checks, including the amount and the timeframe after which penalties apply.
  7. Failure to document management details: Not providing complete contact information for the managing agent or specifying how rent should be paid in case the premises are not professionally managed can cause issues in rent payment and general communication.
  8. Inaccurate pet policies: Forgetting to seek or grant written consent for pets, or not adhering to the conditions after consent is given, often leads to violations of the lease agreement.
  9. Security deposit misunderstandings: Misunderstanding regarding the amount, terms for usage, and conditions for the return of the security deposit is a common error. Overlooking the necessity to provide a written statement of the security deposit deductions at the lease's end also occurs frequently.

Addressing these potential mistakes requires careful review and accurate completion of the NVAR K1333 form, ensuring clarity and compliance with the lease terms and conditions to avoid future disputes.

Documents used along the form

When it comes to handling real estate leases, the NVAR K1333 form, known as a Residential Lease, plays a crucial role in laying out the terms between a landlord and a tenant. However, this document doesn't stand alone in the leasing process. Several other forms and documents are commonly utilized alongside it to ensure a comprehensive understanding and agreement. Knowing these documents can simplify navigating through the intricacies of real estate transactions for both parties involved.

  • Rental Application: This document is vital for landlords to collect necessary information about potential tenants. It includes fields for employment history, previous landlords, and references to assess the applicant's reliability and financial stability.
  • Security Deposit Receipt: Upon receiving a security deposit, this receipt is provided to the tenant. It details the amount of the deposit, the date it was received, and the terms under which it is refundable.
  • Move-In/Move-Out Inspection Checklist: This serves as a record of the property’s condition at the time the tenant moves in and again when they move out. It helps determine what damages, if any, are attributable to the tenant.
  • Pet Agreement: If pets are allowed on the premises, this document outlines the terms and conditions related to pet ownership, including any additional fees, breed or size restrictions, and responsibilities of the pet owner.
  • Lead-Based Paint Disclosure: For properties built before 1978, this disclosure is required by law to inform tenants about the potential presence of lead-based paint in the property.
  • Renters’ Insurance Requirement: This outlines the landlord’s requirement for the tenant to obtain renters’ insurance, detailing the minimum coverage amounts and what it must encompass.
  • Notice of Entry: This form is used by the landlord to notify the tenant of the landlord’s intention to enter the premises, ensuring privacy rights are maintained while allowing the landlord access for inspections, repairs, or showings.

Together, these documents complement the NVAR K1333 lease agreement by covering the breadth of the leasing process, from application to move-out. They serve to protect both the landlord and tenant by clarifying rights, responsibilities, and expectations. It's important for both parties to review and understand each of these forms before proceeding with the leasing arrangement to ensure a clear, legal, and positive landlord-tenant relationship.

Similar forms

  • The Standard Residential Lease Agreement shares a resemblance with the Nvar K1333 form as it is also a comprehensive legal document designed for the renting of residential property. They both establish the terms and conditions under which the property is leased, including the lease term, rent payment schedule, and tenant's and landlord's responsibilities.

  • The Month-to-Month Rental Agreement is similar because it allows for an extended term beyond the initial lease period, as mentioned in the Nvar K1333 form. This type of agreement typically requires a 30-day notice to terminate, akin to the extended term provision.

  • The Condominium Lease Agreement is akin to the Nvar K1333 as it includes clauses specific to the leasing of a condominium unit, such as compliance with the condo association's rules and regulations, and if applicable, details like the unit number and storage bin number.

  • A Property Management Agreement has similarities with the sections of the Nvar K1333 that discuss the appointment of a managing agent, outlining the roles and responsibilities of a property manager in relation to rent collection and maintenance, acting on behalf of the landlord.

  • The Sublease Agreement is somewhat related, particularly in the context of the Nvar K1333’s stipulations regarding subletting or assignment of the premises. Both documents emphasize the need for written consent from the landlord before any such arrangements can be made.

  • The Pet Addendum to a Lease Agreement reflects the Nvar K1333 form’s section on pets, specifying conditions under which pets are allowed on the premises, including the requirement for the landlord's prior written consent and adherence to rules and local laws.

  • Residential Lease Renewal Agreement bears likeness in that it deals with the extension of the lease term beyond its initial period, necessitating mutual agreement from both parties for renewal, similar to the process described for extending or renewing the lease in the Nvar K1333 form.

  • The Security Deposit Agreement is closely related to the section of the Nvar K1333 discussing the security deposit's handling, including its purpose, conditions for its return, and deductions for damages or unpaid rent.

Dos and Don'ts

Filling out the NVAR K1333 form, a specialized document for residential leases that does not fall under the Virginia Residential Landlord Tenant Act, requires careful attention. Here are lists of what you should and shouldn't do to ensure the process goes smoothly.

Things You Should Do:

  • Read the entire document carefully before starting to fill it out. Understanding every aspect of your lease is crucial for your rights and responsibilities as a tenant.
  • Ensure all personal information is accurate, including full names, addresses, and contact information for both tenants and landlords. Mistakes here could lead to serious complications down the line.
  • Itemize and document the condition of the premises at the beginning of the lease term. Thorough documentation, including photos, can help resolve future disputes.
  • Review the lease term and renewal conditions thoroughly. Be clear on how and when the lease can be renewed or terminated to avoid unintended consequences.
  • Understand your obligations regarding rent payments, late fees, and utilities. Knowing when rent is due and the consequences of late payments is fundamental.
  • Confirm details regarding the security deposit, including the specific conditions under which it will be fully or partially withheld at the end of the lease term.

Things You Shouldn't Do:

  • Don’t sign without understanding every clause. If something is unclear, seek clarification. Ignorance of your lease conditions can't be an excuse for non-compliance.
  • Avoid assuming conditions or terms that are not clearly stated in the lease. If something important to you isn’t in the contract, discuss it with the landlord before signing.
  • Don't skip the move-in inspection report. Failing to document the property's initial condition can make you liable for pre-existing damages.
  • Never falsify information on the application or lease. Dishonesty can lead to the termination of your lease and additional financial or legal penalties.
  • Avoid making alterations or repairs without permission. Unauthorized changes to the property can result in deductions from your security deposit or further liabilities.
  • Don’t ignore communication from your landlord or property manager, especially regarding maintenance issues, updates to the lease, or other essential matters.

Being diligent and informed when completing the NVAR K1333 form will help foster a positive relationship with your landlord and protect your interests as a tenant.

Misconceptions

Many people have questions or hold incorrect beliefs about the NVAR K1333 form, also known as the "Lease – Common Law" document. It's vital to address these misconceptions to ensure both landlords and tenants understand their rights and obligations. Below are eight common misconceptions explained:

  • The Virginia Residential Landlord Tenant Act governs the NVAR K1333 form. This is incorrect. As clearly stated in the document, this lease is not governed by the Virginia Residential Landlord Tenant Act. It follows common law principles, which are set by court decisions rather than statutes.
  • Signing the NVAR K1333 form means the involved brokerages represent both parties by default. This misunderstanding skips the importance of the choice made in the lease agreement. The form clearly allows for the brokerage to represent either the landlord, the tenant, or both but requires disclosure and the appropriate form if acting as a dual representative.
  • Rent is negotiable after the lease term begins. Rent amount and terms are agreed upon before occupancy and detailed in the lease. Any change in rent requires written agreement from both landlord and tenant, typically during lease renewal or extension discussions, not after the lease has commenced.
  • Late fees are optional and at the discretion of the tenant. The lease specifies the conditions under which late fees are applied. These fees are not optional or at the tenant's discretion but are enforced as part of the agreed-upon lease terms.
  • Tenants can use the security deposit as last month's rent. The security deposit is held to ensure the tenant's compliance with the lease terms, particularly regarding property care and damage. It cannot be applied to rent unless the landlord expressly agrees, which is uncommon.
  • Tenants can sublet or assign the lease without landlord permission. The lease requires that no part of the premises may be sublet or assigned without the landlord's prior written consent. Unauthorized subletting can lead to lease termination.
  • Notices regarding lease termination or extension need not be in writing. The lease explicitly requires written notice for termination or negotiation for extension or renewal from either party. This formal requirement ensures clear communication and legal compliance.
  • Maintenance and repair obligations are solely the landlord's responsibility. While the landlord is responsible for maintaining the premises in a habitable condition, the tenant also has obligations, such as reporting issues in a timely manner and avoiding actions that could cause damage. The lease outlines specific tenant responsibilities, including minor repairs and maintenance tasks.

Understanding the specifics of the NVAR K1333 form is crucial for both landlords and tenants to ensure a fair and legally compliant leasing arrangement. Addressing these common misconceptions helps clarify expectations and responsibilities, promoting a smoother tenancy for all parties involved.

Key takeaways

Understanding the Nvar K1333 form is crucial for both landlords and tenants entering a lease agreement. Here are five key takeaways to keep in mind:

  • The Nvar K1333 form specifies that it is a residential lease not covered by the Virginia Residential Landlord Tenant Act, hinting at a common law lease framework. This distinction affects the rights and obligations of both parties involved.
  • Details regarding the lease term, including its start and end dates, conditions for renewal or extension, and requirements for termination notice from both landlord and tenant, are clearly outlined. This helps both parties understand their commitments and obligations for the duration of the lease.
  • Rent responsibilities are outlined, including the amount, due dates, acceptable payment methods, and penalties for late payment. Understanding these details helps tenants comply with payment terms and avoid additional charges.
  • The form addresses the handling of security deposits, detailing the conditions under which these deposits can be used and the timeline for their return post-tenancy. This section is critical for ensuring tenants receive their deposits back, contingent on property condition and lease compliance.
  • Both the landlord’s and tenant’s maintenance obligations are specified. This includes landlord responsibilities for property upkeep and repair, and tenant duties such as maintaining the cleanliness and integrity of the property. Clearly defined responsibilities help prevent conflicts during the lease term.

It is important for all parties involved in a leasing agreement to carefully review and understand the provisions of the Nvar K1333 form. Doing so ensures a fair, legal, and transparent arrangement that protects the rights and responsibilities of both landlords and tenants.

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