Virginia Lease Form (Washington: apartment, leasing, condominium)

[jobardu]

I am moving into a Northern Virginia apartment. I agreed on terms with the landlord and then got the standard Virginia Lease form via email, all 13 pages of it. I'm not a lawyer but I'm not a babe in the woods either.

I find many of the terms of the lease form objectionable. These include the severability clause, the clause that says I need to get the landlords permission to do just about anything, including hanging a calendar on the wall as well as the terms that seem to allow the landlord to use any number of pretexts to evict me, sometimes with thirty days notice, other times with 15 days notice. This seems arbitrary and capricious.

Are there alternative forms that people use?

How routinely are leases modified?

I prefer to get the terms straight before I move in rather than having potential problems later.

How common are objections to the terms and how are they resolved?

Any suggestions on what to do or who to contact?

Thanks for any and all advice.

Joe

[TN Lily]

Who owns the apartment? If you are dealing with an individual, the owner may be willing to negotiate the terms. If the apartment is owned by an entity such as a REIT, I suspect the lease is non-negotiable.

Your best bet is to speak to the person you are dealing with and ask whether any of the terms can be modified or removed.

The severability clause is not a big deal. It essentially means that should any provision in the lease be found invalid, the remaining portions of the lease continue in effect.

Good luck.

[jobardu]

Thanks again for the reply.

I am dealing with an individual, so I have some wiggle room here.

Regarding the severability clause I still have a question. I've done negotiations on non-disclosure, non-complete agreements and having a severability clause seems indicative that the issuer, the landlord here, knows that some parts of the lease won't stand up to judicial review so they include a clause that says that whatever does survive, even if half the lease is thrown out, still holds and that even those parts thrown out may be claimed to hold, in essence raising the lease above the judicial review. That may not stand but who has the resources to argue the point. So it seems like a big deal to me. A clean, fair lease shouldn't need a severability clause. What are your thoughts on this?

A couple of other questions.

Do you know of any other lease forms?
Is it better to modify the existing form or create one on our own based on what I find on the web?

Thanks
Joe

[TN Lily]

Severability clauses are standard in nearly all contracts. They are included because the law changes over time and parties cannot anticipate what changes may occur. These clauses protect the parties in this type of situation.

Virginia has a Residential Landlord and Tenant Act. You can look at it here (below). Read sec. 55-248.5 to make sure this landlord does not fall into an exemption from the act.

http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf

You may find some information to help here:

http://www.oag.state.va.us/consumer%...ant_issues.pdf

Some FAQs courtesy of the Washington Post: Washingtonpost.com: Tips on Renting in Virginia

[jobardu]

Thanks again for your reply.
I read the Virginia VRLTA 55-248.5 section and saw the following quote:

6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a
cooperative;

I will be occupying the unit with the owner and leasing it from her.

1. Do we need a standard lease agreement?
2. Can we use a "tenants in common" agreement and if so, where can I find one?
3. Can I eliminate the clause that holds me responsible for legal costs in the event of a dispute?

We are both working senior citizens and not married. I see her need for a lease, but also see my need to have a life. My concern is that the standard agreement means I am vulnerable to be kicked out at any time pretty much at will even if I am paying my rent and not being abusive etc. I don't want to live that way in that I want some security and recourse too

Any recommendations?


Thanks again for all your help?

Joe

[TN Lily]

So you're basically looking for a room-mate contract rather than a standard lease contract? I suspect that you can find some type of co-housing agreement that may be more suited to your needs.

You should read the condo project's governing documents to make sure your arrangement is allowed.

Let me see if I can find a co-housing agreement online that might help you.

[TN Lily]

This one is aimed at college students, but I would think it would be easier to modify this than to use a traditional lease.

http://www.uky.edu/StudentAffairs/OC...0Agreement.pdf

[jobardu]

I think you hit the nail right on the head. I need a roommate or co-habitation contract. The owner is still the owner and I'll pay rent to her, but I need to have some security too, so I won't feel eternally vulnerable. The roomate agreement you found is a good start. I'll check out some others.

The rental agreement, especially in Virginia, might be workable for someone renting an apartment or a house where the landlord is not on the premises. There are generally agreed on standards of eviction and occupancy so that if I pay the bills, stay out of trouble with the law and don't damage the place I'll be OK. In other words, it really is my residence. In this case the landlord is living there and can use the law to make me really uncomfortable.

Just for information, most states have a shorter and less draconian rental agreement. New York City has many of the terms that Virginia has but has a rational person clause, to whit: any changes to the unit or exceptions to the agreement require the permission of the landlord, but such permission will not be unreasonably withheld. If we had something like that it would reduce stress and conflict, but it also might reduce the need for attorneys, which many people would consider a bad thing.

In any event, thanks again. You have been very helpful

all the best
Joe

[Charlesaf3]

Severability clause is normal. New York State landlord tenant law is a notorious disaster. And what you want is achievable if you buy a place. Renting has fewer rights than ownership. No surprise.

That said, most landlords like to keep good tenants. Like any other business, no tenants, no cash. Best guarantee is to be a good tenant.