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Wednesday, May 22, 2013
WARNING!!!!!!! SOMEONE IS USING OUR AD AS MATERIAL FOR AN EMAIL SCAM!!!!!
THAT EMAIL HAS NOTHING TO DO WITH 4RENTSAINT
SIDE B Has been rented.
SIDE A AVAILABLE IMMEDIATELY (although currently doing some work on it)
http://www.4RentSaint.com
4RentSaint@bigfoot.com
Thank you for visiting the 4RentSaint website. 4RentSaint looks forward to serving you. Enjoy life.
Get on 4RentSaint's mailing list by sending 4RentSaint an email if you would be interested in renting from 4RentSaint at some future date!
EMAIL SERVICE: bethli59@ SPECIFICALLY! Can not send you email.
Please note that many email services have settings that determine how your email works. Interested parties may have to set the settings to allow their email service to accept 4RentSaint's email. 4RentSaint's email occasionally sends applicants email to 4RentSaint's Junk Mail folder. 4RentSaint's apologies.
(WIP - Work In Progress)
[The web site builder has some bugs in it and the formatting mechanisms are not always transparent.]
PLEASE READ THIS COMPLETELY BEFORE VISITING!!!
If you are too lazy to read this, 4RentSaint does not want you in the rentals anyway.
If you do not understand English or can not read, that is NOT 4RentSaint's fault. Initially created for blind people, speak utilities that will READ a web page and speech recognition utilities that will type what one says are now on most computers. There are web sites that will translate other websites. Use them.
Please scroll down. Thank you.
If 4RentSaint was not honest, 4RentSaint would not even bother with this web site. 4RentSaint wants applicants to know BEFORE they move in what their responsibilities are NOT AFTER the applicants move in.
For those idiots who keep complaining about 4RentSaint's property, the property in front of the truck is NOT 4RentSaint's, but the city's. The city's property has always been much more overgrown than 4RentSaint's. The truck is perfectly legal. The truck would not even be at the property if it were not for idiots like yourselves. The property has never been in better shape in the last 30 years. The more you complain the longer the truck will be there. For the idiot who stole the license plate off the truck and complained about the truck, if you were trying to get 4RentSaint to sell the truck to you, do not hold your breath. 4RentSaint has NEVER smoked a cigarette. 4RentSaint has NEVER drank a drop of alcohol. 4RentSaint has NEVER done any drugs whatsoever. 4RentSaint has read The Bible four times. How many times have you read it? 4RentSaint is still ... 4RentSaint is more of a saint than you. So get over it! 50% of the death row inmates in the state of Illinois have been exonerated.
Pictures (map) are at the bottom.
1144 Saint Clair Avenue
Charlottesville, Virginia 22901
FREE FIRE WOOD!!!!!
Sorry, but
1. No smokers on the property period.
2. Three months "rent" up front, 1st, SD = 2
3. Each applicant must have an individual email address. 4RentSaint will help.
4. Really looking for long term tenants.
Please see FAQ for rationale.
Welcome
Introduction
Rental Property Myths
Murphy's Real Estate Laws
Description
Directions
Ownership History
Lease Agreement SUMMARY
Questions Potential Tenants Should Answer in Their Initial Inquiry
Duplex Payment Dates for 2011
Preliminary Real Estate Maintenance Schedule
FAQ
(Frequently Asked Questions)
(Please read before punching out the computer screen.)
Applicant Rental Procedures
Vacating Tenant(s) Responsibilities
Pictures
Utility Costs
(Coming Soon - a little bit down there)
Emails Sent Past Tenants
(Coming Soon)
Virginia Residential Landlord and Tenant Act
Declaration of Independence
The Constitution of the United States:
A Transcription
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Welcome
4RentSaint provides all this information for educational purposes so that applicants know what 4RentSaint's and the Tenant(s)'s responsibilities and limitations are for renting property. 4RentSaint does everything for a reason. So, if the applicants have any questions, please ask. (See the Contact page.) Please feel free to comment on anything and provide 4RentSaint with some feedback. (See the Contact page.) Rent too high? Rental too small? Do not like the exterior? Do not like the knotted pine? Do not like the truck? (4RentSaint does not either, but ... ) Have any suggestions on the Lease Agreement? Tell 4RentSaint!!! (See Contact page.) 4RentSaint feels that 4RentSaint's rent is one of the lowest in the region for what 4RentSaint offers, but 4RentSaint would appreciate any feedback that the applicants may provide. (See the Contact page.) 4RentSaint has the rules that it does so that 4RentSaint does NOT have to evict a tenant not so 4RentSaint CAN evict a tenant. NO OWNER WANTS TO EVICT ANYONE (but some tenants try to use that as leverage to ignore the Lease Agreement). 4RentSaint is actually still (always) working on the property. Side A is not that nice and 4RentSaint has started working on that side BETWEEN tenants. Side B is "finished" (almost done, two months later, almost done, two months later, was almost done for two years) and now rented out. Except for working on the property, any side of the duplex has only been vacant for five months in thirty years. Getting the property rented is no problem. 4RentSaint has people falling over themselves to get in. Getting someone who does not act like an idiot is more difficult. Please feel free to contact 4RentSaint at any time if the applicant has any other questions. (See the Contact page.) Thank you for considering 4RentSaint!
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Introduction
REMEMBER: 4RentSaint must treat EVERYONE the same. 4RentSaint must cover possibilities not just probabilities. 4RentSaint must write documents to cover the worst case scenario which does not necessarily reflect upon the individual applicant. So, please do not take offense at what the documents state. To the best of 4RentSaint's knowledge, NONE of 4RentSaint's requirements break ANY laws in spite of what it may appear. 4RentSaint has (is constantly downloading, leave the dumb laws alone!) downloaded ALL laws pertaining to rental property. {If you think otherwise, using the Contact page, please tell 4RentSaint including exactly what part of 4RentSaint is violating exactly what part of the legal code. Be specific!} What legal authorities can not do is not the same as what business owners can not do. Real estate is a business. The law provides a default Lease Agreement even if a Tenant(s) does not sign a Lease Agreement. 4RentSaint has only evicted one tenant and 4RentSaint did not want to do so, nor does ANY rental owner want to do so, but ...
Yes 4RentSaint realizes that 3 months rent is a lot, but 4RentSaint is looking for someone to stay for a long time not just a year. Requiring 3 months rent allows 4RentSaint to rent to people who might not have the best credit or other history in the world. Requiring 3 months rent provides 4RentSaint with an indication that the potential renter has started to use some good financial management, renters who are not just living day to day, but have plans for their lives. 4RentSaint does not care what your past history is. 4RentSaint is only concerned with how you behave on 4RentSaint's property. Even if you have a good credit history, 4RentSaint has to treat you the same as everyone else. The next to last five Tenant(s) have paid $650 for an apartment that was in terrible shape and still is not in very good shape. Rent lower than $650.00 brings out the idiots.
The risk in a rental relationship is ALL on rental owners. Thus, 4RentSaint must cover this risk for people who do not have a good credit history. Please see the FAQ about insurance. {4RentSaint had a Tenant(s) who had a dog who in one week ripped the front porch down spout off and chewed it to pieces, ripped off the metal corner off the shed, and scratched the new storm door to pieces. A relative had Tenant(s) who trashed his rental property including punching a hole into the water heater. The unit is no longer rented out. Another relative renovated a house and the very first Tenant(s) tore the place to pieces. A brief acquaintance had a house in Wintergreen and a Tenant(s) trashed the place and now the person no longer rents it out.} In spite of what an applicant may think, the Tenant(s) does NOT own the property and can NOT do whatever the Tenant(s) wants. Unlimited freedom does NOT exist. One person's rights end where another person's rights begin.
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Rental Property Myths
1. Owner(s) make a fortune on rental property.
FALSE: After property taxes, insurance, mortgage payments, normal maintenance, marketing, legal fees, vacancies, etc, most Owner(s) are lucky to even break even.
2. Owner(s) are just looking for an excuse to kick a Tenant(s) out.
FALSE: Owner(s) do not make money if the property is vacant. Owner(s) lose money in any eviction process. Owner(s) have great incentives to keep the Tenant(s) happy. Owner(s) do expect compliance with the Lease Agreement however.
3. Owner(s) can just sit back and let the money roll in.
FALSE: First, Owner(s), per 1 above, rarely make money on rental property. Second, Owner(s) spend most of the Owner(s)'s non-job time on the rental property - maintenance (History Channel: Life After People), marketing, paperwork, legal matters, etc.
4. Owner(s) are wealthy fat cats.
FALSE: Most rental property has mortgages and repairs that make the property more of a liability than an asset. Owner(s) are small businessmen with very little assets.
5. Owner(s) have great power over Tenant(s).
FALSE: Real estate laws create default lease agreements and provide great protection of Tenant(s). Owner(s) are actually the ones at great risk because Tenant(s) can greatly damage the property at any time.
6. Renting property is the same as owning the property and the Tenant(s) can do whatever the Tenant(s) wants with the property.
FALSE: Tenant(s) are just as liable for damaging rental property as any other property that the Tenant(s) is NOT renting. Both Tenant(s) and Owner(s) must obey real estate laws and any other law and the Lease Agreement. Damaging property is a criminal offense. Repairing and paying for the damage is a civil case.
7. Owner(s) stalk the Tenant(s).
FALSE: Stalking means following the Tenant(s) wherever the Tenant(s) goes. Owner(s) do not have the time or desire to stalk anyone. Owner(s) do not even want to be at the rental property unless absolutely necessary. However, Owner(s) do have to keep an eye on the property for both maintenance and Lease Agreement considerations. Most repair books have a regular maintenance schedule for any property.
8. The Tenant(s) can have anyone the Tenant(s) wants live with the Tenant(s).
FALSE: Hardly. Would a Tenant(s) want someone the Tenant(s) did not know living in the Tenant(s)'s bedroom? Of course not! Why would a Tenant(s) think that an Owner(s) would let someone the Owner(s) does not know live in the rental property?
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Murphy's Real Estate Laws
http://www.murphys-laws.com/murphy/murphy-real-estate.htm
[to show what rental property owners go through, using as an educational public service tool]
That sweet little girl with the baby that you rented to, will start dating the mad motorcycle man from hell, ... and several of his friends, ... the very next the week.
Tenants have at least one relative get sick or die per month, so ... they will just have to pay you later.
If a Tenant attempts to replace the washer in a faucet, plan on replacing the faucet; perhaps all the plumbing in the building.
Prospective Tenants who make an appointment to see your rental across town, often get kidnapped on the way there... so there was just no way they could call you.
Tenants only lock themselves out in the middle of the night... or on Christmas.
When a furnace breaks in mid-winter, it is always the heat exchanger.
At least one Tenant's check will be "lost in the mail" every month.
Every lost pet will find its way to your rental.
The hardware store closes five minutes before you get there.
A Tenant's ability to see dirt and damage is much greater when they move in than when they move out.
Your best Tenants always get job transfers during the worst rental markets.
Everything in your rentals will break 100 times faster than in your own home.
The insurance inspector always shows up to take photos of the building as you are putting the evicted Tenant’s possessions on the curb.
Tenants always swear under oath that the window was broken when they moved in.
When a Tenant calls and says, "Hi, how are you?" something is drastically wrong.
If it exists, your Tenant will try to flush it down the toilet.
If you have any questions about anything, ask your Tenants.
If it is pouring rain, you can be sure the windows are open at one or more of your units.
Proper disposal of chewing gum is in the carpet.
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But You Must Pay the Rent
(If you see nothing wrong with these comments, you should not be renting.)
+ "With my daughter's graduation, our new boat, and our trip to Europe this year, we're a little strapped."
+ "I'm getting REAL tired of paying this rent EVERY month! You'll have to wait a few more days."
+ "We're a little short right now. But don't worry -- were getting a refund on my wife's tatto. The artist messed it up, and we're getting back most of the bucks!"
+ "I didn't pay the rent because I'm saving up to move."
+ "It's your fault the check bounced. Why didn't you tell me you were going to run to the bank the very same day?!"
2011 June/July Reader's Digest
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Description
Side A
Doing some work, but available immediately!!!!! When would you like to move in? OPEN HOUSE SIDE A Usually (depending upon the weather, best to email first though) Sat and/or Sun 1:00 to 5:00 $650/m a bit rougher than Side B 1st month's, Security Deposit = 2, u pay utilities, 2 bdrm (10.5x10.5, 12x10.5), 1 bath (10x4), livingrm (10.5x15), kitchen (12x13) duplex apartment. No Home Owners Association (HOA) mandates. We maintenance. No basement. New siding; floored, lighted, outlet, exhaust fans attic; lighted, covered crawl space; new gas HVAC, ceramic top stove, washer, dryer; refrigerator; CO-smoke detectors fire extinguishers every room; insulation roof, ceiling, walls (double), and floor; R10 windows; wood floors; knotted pine walls; shed; underground electrical lines; outside outlets; gutter guards; flood lights, walls; lights under kitchen cabinets; large yard wooded area; off street parking; quiet neighborhood; scenic views; desired NE location; convenient to Downtown, Pantops, 3 city parks, schools, MJ Hospital, bus lines, etc.; constant improvements. Priorities: property respect, rent, duration, N/D, N/S, N/P. Email info inspection or mailing list. Name, phone, email. $10/person application fee. http://www.4RentSaint.com
4RentSaint@bigfoot.com. 1144A St Clair Ave, Charlottesville, VA 22901
Side B
TENANT HAS MOVED IN!! SIDE B Usually (depending upon the weather, best to email first though) Sat and/or Sun 1:00 to 5:00 $650/m. 1st month's, Security Deposit = 2, u pay utilities, 2 bdrm (10.5x10.5, 12x10.5), 1 bath (10x4), livingrm (10.5x15), kitchen (12x13) duplex apartment. No Home Owners Association (HOA) mandates. We maintenance. No basement. New siding; floored, lighted, outlet, exhaust fans attic; lighted, covered crawl space; new gas HVAC, ceramic top stove, washer, dryer; refrigerator; CO-smoke detectors fire extinguishers every room; insulation roof, ceiling, walls (double), and floor; R10 windows; wood floors; knotted pine walls; shed; underground electrical lines; outside outlets; gutter guards; flood lights, dishwasher; new water heater; refurbished and expanded kitchen (sorry no new cabinets at this time); new bathroom vanity, light bars, plumbing, shower door; new kitchen counter tops; drawer slides; new interior doors; mirrored sliding closet doors; paint, polyurethane, patched walls; lights under kitchen cabinets; large yard wooded area; off street parking; quiet neighborhood; scenic views; desired NE location; convenient to Downtown, Pantops, 3 city parks, schools, MJ Hospital, bus lines, etc.; constant improvements. Priorities: property respect, rent, duration, N/D, N/S, N/P. Email info inspection. Name, phone, email. $10/person application fee. http://www.4RentSaint.com 4RentSaint@bigfoot.com. 1144B St Clair Ave, Charlottesville, VA 22901
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Directions !!!!!!
St. Clair Avenue is DISCONTINUOUS! "You can not get there from here!" ~ Unknown. Well, actually you can, but you have to go around. Do NOT Disturb Tenants! Please, no smokers on the property. Thank you. Driving east on US 250 By-Pass; to ramp to Locust Ave (river too far); turn left-N from city. (MJH wrong direction.) End Locust Ave, turn right Locust Lane, hit duplex. OR Driving west on US 250 By-Pass; at Rivanna River Free Bridge, turn between CVS and Autozone River Road. 2nd street on right, St. Clair Ave. Last property on right. Two mailboxes.
View Larger Map
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St Clair Ownership History
Purchased in 1980 by parents and son equally. This Owner(s) was in St. Louis, Mo. at the time and only went into it as a retirement for the other Owner(s). This Owner(s) was not planning on coming back to Charlottesville.
Side A (the right side facing the duplex):
At the time of purchase a Tenant(s) was living in Side A. The Tenant(s) lived there for about 20 years. When the mortgage was paid off, 4RentSaint started fixing up the duplex (quite frankly it was a dump) and raising the rent to cover our cost. At present, this Owner(s) is personally $15,000 out of pocket. Eventually, the Tenant(s) felt that the rent was getting too high and decided to move out. At the time the Tenant(s) moved out, the ranch house across the street was for rent. A house on the right and a house on the left down St. Clair Avenue was for rent. A house on River Road was for rent. A house a block up on Locust Avenue was for rent. The Tenant(s) moved elsewhere. When the Tenant(s) moved out the Tenant(s) broke the storm door glass $380.00 and severely scratched the door and shafted 4RentSaint on the cost. Installed a bathroom exhaust fan and lights under the kitchen cabinets while the Tenant(s) was there. Painted the bathroom after the Tenant(s) left.
4RentSaint rented the duplex out to a friend of one of the Owner(s) who had a dog. In the first the week, the dog ripped off and chewed up the downspout on the front of Side B, did the same to the metal corner of the shed, and ripped the screen and scratched the door extremely on the $780.00 storm door that 4RentSaint had just installed. 4RentSaint gave the Tenant(s) a choice of either getting rid of the dog or leaving. The Tenant(s) left and shafted 4RentSaint on the rent. $650/m Painted the bathroom again after the Tenant(s) left.
The next Tenant(s) were two young professional ladies who stayed about a year then moved to different cities for jobs. Charlottesville has a tendency to be very transient occupational wise. One Tenant(s)'s mother thank 4RentSaint for sending the Tenant(s) the security deposit and last month’s rent. The Tenant(s) were excellent Tenant(s). $650/m No improvements made after the Tenant(s) left.
The next Tenant(s) was a PhD professional who was here about a year and a quarter. The Tenant(s) moved for professional reasons to another city. The Tenant(s) was an excellent Tenant(s). $650/m w/truck.
The next Tenant(s) was a couple who had planned to stay for 3 years, but for personal reasons left after 1 year. $650/m w/truck. Painted the kitchen, bathroom, and ALL the ceilings, and sanded, stained, painted, and repaired the floors before the next Tenant(s) moved in.
The next Tenant(s) was an engineer and was a very good Tenant(s). $650/m w/truck Painted the bedroom closet doors and walls and installed a second shelf in each closet before the next Tenant(s) moved in.
The next Tenant(s) was a young lady with a child.
Currently available!
Side B (the left side facing the duplex):
At the time of purchase, the current Tenant(s) was a Christian young man whom some Owner(s) kicked out over this Owner(s)'s severe objections to let a relative move in, in spite of the fact that the other Owner(s) had a larger place into which the relative could have moved. The relative moved out after a few months.
An electronics technician moved in and stayed for about 8 years. The Tenant(s) had an old dog which urinated very much and ruined the wood floor. The last estimate to replace the living room floor was $1800.00.
The next Tenant(s) was a self employed data processing professional. Unfortunately, because of a communication breakdown, the Tenant(s) changed the Tenant(s)'s mind rather abruptly, which is why 4RentSaint tries to make sure that potential Tenant(s) understand what the Tenant(s) are getting into. After the Tenant(s) moved out, 4RentSaint started to refurbish Side B. $650/m
The next Tenant(s) was an older gentleman who only occupied the property for a short period because the Tenant(s) wanted to be near a hospital.
Currently occupied.
4RentSaint has unfortunately had to evict a tenant. 4RentSaint does not want to evict anyone for obvious reasons, however ....
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Virginia Residential Lease Agreement Summary (READ!!!!!)
(PRETTY STANDARD LEASE ITEMS, BUT MOST PEOPLE SIMPLY DO NOT READ THE LEASE.)
(If you feel that any of these terms or terms of the lease violate the legal code, then email 4RentSaint citing the specific code and the passage in 4RentSaint's documents and 4RentSaint will review the claim.)
A. Financial
(a) Application Fee/applicant $10.00, Late Fee/day $10.00, Return Check Charge/incident $50.00, First Month’s Rent $650.00, Security Deposit 2 x $650.00, Certified Letter Charge/only USPS letter $30.00. Failure to return the Rental Utility Kit at end of occupancy $100.00. Failure to provide an accurate copy of the Utility Usage-Cost Database from ALL utility organizations $100.00/year or tenure (part of year). [4RentSaint only wants this information because potential tenants ask for it. 4RentSaint does not care how much a Tenant(s) uses. Information will not be attached to Tenant(s).] For every five years that a Tenant(s) stays rent is reduced $10.00/month based on $650.00/month.
(b) Cash, Certified Check, Cashiers Check, Regular Check, or electronic transfer MUST be cleared for all payments in full before payment is consider to have been made, any documents to be considered valid, and BEFORE beginning to move in. Only First Month's Rent may be prorated.
(c) Each month's rent is due and must be received 10:00:00 PM three days BEFORE the first day of the month. If the rent is not received 10:00:00 PM three days BEFORE the first of the month and/or does NOT CLEAR the bank, then eviction procedures start immediately. [The reason for this immediate action is because the legal process takes a month and if not started immediately, 4RentSaint loses TWO months’ rent. See FAQ.]
(d) Checks received early will NOT be cashed before the first of the month so that the Tenant(s) will not be punished for sending the check early. Cash must be counted by both 4RentSaint and Tenant(s) in the presence of the other. The giver counts first.
(e) Each Tenant(s) is liable for the entire Lease Agreement.
(f) By law, 4RentSaint is required to put a Security Deposit into a CD that draws interest. The interest will draw to the last day of the Tenant(s)'s last month and will be proportioned to the amount of Security Deposit that is returned.
(g) The Lease Agreement is on a month-to-month basis. Because the cost, in both time and money, is extremely high, $400.00 to $600.00 per month in advertising costs and a whole month of effort to find new Tenant(s), in spite of the fact that the Lease Agreement is from month to month, if the Tenant(s) leaves for ANY reason before 6 months, the Tenant(s) forfeits half of the Security Deposit.
B. Documentation
(a) ALL documents, Rental Application, Lease Agreement, CheckInOut, DMV Information, Tenant Emergency Contact Information, and Utility Information Authorization MUST be submitted, signed, and filed BEFORE beginning to move in.
(b) Anyone 18, or becomes 18 during the lease term, or older who lives in the duplex is required to be a signatory to the Lease Agreement. [4RentSaint has found an apartment sharing agreement, but needs to tailor it for 4RentSaint's needs.]
(c) [Like most standard leases,] The maximum yearly guest sleepover is two weeks total for ALL sleepovers. Tenant(s) are required to call 4RentSaint immediately with, personal and auto description, and length of stay of anyone staying overnight – defined as anyone who stays pass 11:00PM or who is obviously using the amenities on a continual basis. [The rationale for this information is so 4RentSaint will not accidentally call the police about burglars.] Anyone who resides at the duplex for more than the standard two-week maximum sleep over must have fulfilled all the requirements for tenancy, the Lease Agreement requirements, BEFORE the end of the two-week sleepover. No more than 4 sleepovers in one night.
(d) Each Tenant(s) must have a working email address. [No computer is required. No ISP (Internet Access Provider) is required. If a Tenant(s) moves out, 4RentSaint may need to contact each former Tenant(s). To get on mailing lists, please send 4RentSaint an email. 4RentSaint will be happy to help any applicant to obtain a free email address.]
(e) Each Tenant(s) must provide the license plate number, VIN number, make, model, year, and description of each vehicle and driver's license number of each Tenant(s) driver. A completed DMV Information MUST be signed BEFORE beginning to move in. A READABLE copy of each Vehicle Registration Card and each Tenant(s)’s Driver’s License Card attached to the DMV Information is required.
(f) The Rental Utility Kit, including all appliances' instructions, door mats, hangers, fishing line, stove cleaner, dryer lint brush, coasters, etc MUST be returned or a charge of $100.00 will be deducted from the Security Deposit. [4RentSaint is now equipped to send appliance manuals via email.]
(g) By law, 4RentSaint is required to give the Tenant(s) 24 hours notice (except in emergencies) before entering the interior premises, but the Tenant(s) cannot deny 4RentSaint access. The Tenant(s) may be present if desired, but is not required to be present. 4RentSaint will notify the Tenant(s) via certified email (unless the Tenant(s) insists on USPS certified letter). (A regular inspection date has been incorporated into the Lease Agreement. If the scheduled date is not suitable to the Tenant(s), then the Tenant(s) MUST notify the 4RentSaint soon enough to schedule another time that may be more convenient.) Then, 4RentSaint will print out a hard copy of the email (sent as a USPS certified letter if requested) and place it on the Tenant(s)’s door. A telephone call MAY also be made. After email notification, the entering procedure is that 4RentSaint will knock on the door three times three separate times. If 4RentSaint gets no response, 4RentSaint will open the door slightly, knock on the door again three times and loudly ask if anyone is home. If 4RentSaint does not receive a response, 4RentSaint will enter the premises to do work. Preventive maintenance requires inspection of the premises and regular maintenance to probably occur at least once a month. No notification will be given for coming onto the exterior premises. [If the time of access is inconvenient, then the Tenant(s) must notify 4RentSaint ASAP with a more convenient time. 4RentSaint will not guarantee that 4RentSaint will accommodate a new time, but will try.]
(h) [In order to disturb the Tenant(s) as little as possible and for maintenance, security, and refurbishment purposes (at least a monthly occurrence),] The Tenant(s) must notify 4RentSaint a minimum of 24 hours before going away for more than two days.
(i) [For maintenance and marketing reasons only, no identification will be applied to any data (4RentSaint could care less what a Tenant(s) uses),] yearly summaries of all utility bills must be provided at the end of each year or at the end of occupancy for a partial year or $100.00 with interest will be deducted from the Tenant(s) account. Alternatively, the Tenant(s) may sign an agreement to allow 4RentSaint to obtain the information from the utilities in question.
(j) Nothing 4RentSaint communicates overrides the tenets of the Lease Agreement. [By default, not really necessary to include.]
(k) Non-enforcement of a tenet of the Lease Agreement does not negate the tenet.
C. Physical
(a) No more than four people except one set of immediate family per side. No more than two cars per side on the property. All motor vehicles must be kept in the driveway or in the street or in the case of two wheel vehicles [motorbikes, bicycles] may be pushed to and from the shed or back yard.
(b) Except for normal wear and tear, [like a bull in a china shop,] if the Tenant(s) breaks it, the Tenant(s) pays for it including labor costs, taxes, services charges, etc. 4RentSaint decides whether or not damage is normal wear and tear. Payment will be immediate or the eviction process will start immediately and 4RentSaint will ask for payment of all damages, rent, time costs, etc in court.
(c) All Tenant(s) are required to allow 4RentSaint to use any utilities (electric, water, heating, etc.) 4RentSaint needs to do repairs, maintenance, refurbishment, etc.
(d) Nothing is to be left in the front yard or porch area. [One summer someone complained about 4RentSaint's eyesore of a truck, so the next year, 4RentSaint wrapped the truck up and 4RentSaint not only received complaints, but a police citation as well. 4RentSaint spent a month doing research for the legal challenge. 4RentSaint has received three citations none of which had any real relative legality. If 4RentSaint does not complain about the front yard, the neighbors will.] The back yard is open to use.
(e) No work of any kind by anyone is to be done on or to the duplex without 4RentSaint’s permission. 4RentSaint is to be contacted 24 hours before with the time and date of any work contracted by the Tenant(s). When in doubt, ASK.
(f) No open flames are allowed inside or outside in the front or within 30 feet of the rear of the duplex. [Barbecuing generates a terrible smoke that makes the walls filthy.] A flat area near the back property line may be used for barbecuing.
(g) When one side is vacant, the existing Tenant(s) has complete use of the exterior.
(h) No tape, sticky paper, nails, etc. are allowed on any wood piece except for the purpose of hanging curtains. Any pictures must be hung gallery style with hooks and fishing line provided in the Rental Utility Kit.
(i) A shower curtain must be hung over the bathroom window.
(j) Access and use of the lawn in front is split by the walkway for each side and in back is split by the center of the building except all Tenant(s) have access to the door to the crawl space, the shed, the wooded area to the north, the front walkway, and the driveway. The available driveway is split down the middle.
(k) No pets unless specifically allowed. Acceptance depends upon the Tenant(s)'s confidence in the behavior of the Tenant(s)’s pet. The Tenant(s) will bear the consequences of any action that the pet may take. [Is the pet the well behaved? Is the pet well trained? Does it obey the Tenant(s)'s commands? Does the pet chew on furniture or other things? Does the pet attack other people? How much does the pet vocalize such that it might disturb other Tenant(s) or neighbors (actually both neighbors have dogs also)? Does the pet know not to go to the bathroom inside the house? Does the Tenant(s) walk the pet regularly? Does the Tenant(s) keep the pet in a cage when the Tenant(s) is not there? (One Tenant(s) had a friend who came down from Washington on the weekends with a BIG dog, but she also had a BIG indoor cage in which to keep him when she was not there.) Before 4RentSaint had a lease agreement, the Tenant(s) who lived there for 20 years bought a big Great Dane without telling 4RentSaint. However, he was basically a big lovable puppy and never caused a problem and so 4RentSaint said nothing. Unfortunately, she then ALSO bought a small dog that barked a lot and was a real hyper handful. 4RentSaint still did not say anything, but 4RentSaint was beginning to be a little concerned. The PhD Tenant(s) had a kitten. Personally, 4RentSaint loves dogs, but 4RentSaint has found out from a rental point of view that they can cost a lot of money damage wise.]
(l) Replacement of locks is NOT considered normal wear and tear. ONE key for each Tenant(s) is given for ONE lock (some people still do not understand this althought 4RentSaint does not know how 4RentSaint can make it any clearer than this). The replacement of this lock will not be charged to the Security Deposit. Replacement of other locks IS charged to the Security Deposit. Keys are NOT to be duplicated by the Tenant(s). [Non-return of any key requires lock replacement.]
(m) No tobacco products are allowed on the premises period [i.e. sorry no smokers]. The Tenant(s) agrees to take a controlled drug test at any time as requested by 4RentSaint. If the drug test is negative, 4RentSaint pays for the drug test. If the drug test is positive, the Tenant(s) pays for the drug test and the Tenant(s) will be required to vacate the premises immediately. Refusal to take the test is the same as a positive. [4RentSaint will probably never ask, but because of recent changes to Virginia law, 4RentSaint feels that 4RentSaint must cover the possibility.]
(o) Coasters must be placed under all items on the floor. Teflon coasters for carpet and carpet coasters for wood and tile floors. [4RentSaint will provide the coasters if necessary.]
1. What is your current landlord's name, address, telephone number, and preferably email address?
2. Have you been asked to leave your current residence?
3. Why are you looking for another place?
4. Have you ever been evicted?
5. How many different residences have you ever had?
6. Was the reason for leaving your current residence your idea or your landlord's?
7. If you have moved around a lot, please explain why?
8. Have you ever missed a month's rent? Why?
9. Have you ever been late with a rent payment? Why?
10. Why do you want to rent at this location?
11. How did you learn of this rental and please be specific? Posted sign? Flyer? Newspaper ad? Newspaper name? Website? Website name? Friend? Friend's name? Auto sign? Where did you see the auto sign?
12. Have you driven by?
13. Do you have relatives or friends living near by?
14. Were you referred to this rental by anyone? If so, who? Was the referrer someone related or familiar to the Owners?
15. Do you have a deadline for knowing if you are chosen to move in?
16. How long would it take you to physically move in?
17. Have you stopped by to look at the property?
18. How much of the www.4RentSaint.com web site have you read? Which sections?
19. When would you like to move in?
20. How much furniture do you have?
21. How much storage space do you need?
22. How long do you plan to stay?
23. Do you smoke?
24. How many people are going to live here?
25. Do you have pets? What kind?
26. Are you currently employed? If so, where (name and location), position, how long, supervisor, etc ?
27. How many cars do the applicants have?
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Duplex Payment Dates for 2011
Friday, February 25, 2011
Monday, March 28, 2011
Wednesday, April 27, 2011
Saturday, May 28, 2011
Monday, June 27, 2011
Thursday, July 28, 2011
Sunday, August 28, 2011
Tuesday, September 27, 2011
Friday, October, 28, 2011
Sunday, November 27, 2011
Wednesday, December 28, 2011
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Preliminary Real Estate Maintenance Schedule
According to the user manuals for these appliances the inspection-maintenance terms are as follows:This is why 4RentSaint needs to do regular maintenance. Who wants to be breathing this filth? Tenants can not be relied upon to maintain the property even though not doing so may be hazardous to their health.
This is why 4RentSaint rents on a month to month basis, requires two months Security Deposit, tries to screen potential tenants carefully, and performs regular inspections and maintenance.
The Product Manuals specify the following:
Smoke alarms: Test every two weeks
Fire extinguishers: Check every month
Furnace filters: Change every month
Water heater: Drain every month
Air conditioner: Service once a year
Furnace: Service once a year
Item Project
Smoke/carbon Test units for power by depressing the test button and waiting for the alarm to sound.
monoxide detectors
Fire extinguishers Check the tank pressure. If the pressure is low, replace the extinguisher or have it recharged.
Clothes dryer Clean the flexible ventilation duct at the back of the dryer to remove accumulated lint. Clean out the
filter. Take out the filter and clean in the filter vent.
Bathroom Check grout and caulk joints for cracks, crumbling, and mold.
House drains Inspect plumbing fixtures and appliance drains for leaky connections. Insure drains drain.
Water supply lines Inspect hoses, pipes, and tubes supplying water to appliances and plumbing fixtures.
Whirlpool Flush the water pump system to remove mineral deposits, oils, and bacteria.
GFCI receptacles Test the trip mechanism by pushing the black TEST button.
Furnace filter Inspect the filter for buildup of particles. Clean a soiled filter or replace it, according to the manufacturer's
instructions.
Boiler Remove dust and debris from the air intake fan. Lubricate the blower motor every two months.
Air exchanger Inspect and clean or replace the filter.
Air conditioner/ Check the condenser unit for level, and remove leaves, branches and other debris from the fan and coils.
Heat pump Service yearly.
SPRING
Item Project
Basement Check for moisture on foundation walls. Inspect beams, posts, floor joists, and sill plates for water or
stress damage.
Weather stripping Inspect weather stripping around doors and windows for wear. Feel for drafts.
Insulation Add insulation in areas where existing protection proved insufficient during the winter months.
Attic Check rafters and roof sheathing for signs of moisture. Feel around vents to check for air flow.
Roof Inspect the roof for damaged or missing shingles. Check flashing andjoint compound for wear and
cracking.
Gutters Clean gutters and down spouts. Check for loose connectors and leaky joints. Make sure that long runs are
straight and sloped properly.
Dampers Open or close dampers to balance the flow of forced air for the season.
Furnace filter Inspect the filter for buildup of particles and clean it or replace it, according to the manufacturer's
instruction.
Air conditioner/ Ask a professional to inspect the refrigerant level. Clean the condenser fins and coils. Heat pump Check the fan blades and lubricate the motor.
Thermostat Inspect the wires and remove dust and grime from the bi-metal coil. Check the unit for level.
Exhaust and Clean filters, grills, or blades to maximize air flow. Clean stove and bath filters, containers, and blades.
bath fans
Debris Sweep debris off walkways and pickup trash in yard.
Grass Cut
SUMMER
Item Project
Foundation Inspect outside walls for deterioration. Seal and repaint where needed. If necessary, regrade the soil to redirect water drainage.
Windows Check for leaks, wood rot, and moisture buildup.
Masonry walls Check for cracks, deterioration, and spalding. Repair mortar joints and replace damaged bricks.
and structures Caulk or patch stucco walls.
Roof/ Exterior walls Pressure-wash the surfaces ro remove dirt and debris.
Exterior siding Repair damaged areas and touch up chipped or peeling paint.
Walkways, driveways Inspect for cracking, crumbling, frost heave and other common problems.
and concrete surfaces
Septic tank Ask a professional to inspect the tank and pump it, if necessary.
Dampers Open or close dampers to balance the flow of forced air for the season.
Boiler Drain the system to flush accumulated sediment.
Room air conditioner Clean the filter and clear the drains monthly.
Evaporative chiller Replace the pads. Drain the reservoir and check the filter, pads, and pump twice a month.
Debris Sweep debris off walkways and pickup trash in yard.
Grass Cut
FALL
Item Project
Weather stripping Inspect materials around doors and windows for wear. Feel for drafts.
Storm windows Repair damaged windows. Tighten and lubricate fastening hardware.
Gutters Clean gutters and downspouts. Check for loose connectors and leaky joints. Make
sure long runs are straight and sloped properly.
Water heater Drain the tank to remove accumulated sediment. Test the pressure relief valve. Monthly.
Heat registers Clean register to maximize air flow.
Dampers Adjust the flow of forced air to accommodate specific rooms for the season.]
Furnace Clean and lubricate the blower motor . Inspect the drive belt, pilot light, and burner flame.
Furnace humidifier Clean the evaporator pad and distribution tray. Check the water level.
Base board heater Clean the element to increase heating efficiency and prevent burning odors.
Radiators/Convectors Bleed air from the system.
Fireplace/Wood stove Inspect the flue, damper, and firebox. Clean the ash pit every two years.
Exhaust and bath fans Clean filters, grills, or blades to maximize air flow.
Heat pump Clean the condenser fins and coils. Check the fan and lubricate the motor.
Sill cock Remove garden hoses, close indoor shutoff valves, and open the sill cock to drain trapped water.
Leaves Rake the leaves up or to a certain location. Constantly.
Debris Sweep debris off walkways and pickup trash in yard.
Grass Cut
A/C Put cover on to keep out leaves and snow.
WINTER
Item Project
Smoke/Carbon monoxide Replace batteries on battery-operated and battery-backup units and detectors.
Emergency supplies Check emergency items, such as a radio, batteries, flashlights, stored water and food, candles, and matches. Stock the first-aid kit.
Home air quality Check windows for moisture buildup and bathroom ceilings for mod and mildew.
Windows/Doors Check for drafts during cold or windy periods.
Roof Check for ice dams and record their locations.
Water softener Inspect the brine line and injector screen for sediment buildup every two years.
Dampers Adjust the flow of forced air to accommodate specific rooms for the season.
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FAQ
(Frequently Asked Questions)
(WIP Work In Progress)
(This is a legally binding contract. If not understood, seek competent advice before signing.)
At the top of the Lease Agreement. Ignorance of the law is no excuse. Neither is ignorance of the Lease Agreement. Basically, it is not the job of 4RentSaint to explain the Lease Agreement, but most people are so ignorant of basic laws-mathematics that just to reduce 4RentSaint's workload and to keep tenants from acting like idiots, 4RentSaint feels compelled to provide FAQ. 4RentSaint spends enough time on the duplex both physically and clerically without having to babysit the Tenant(s).
Answers are below. If you do not see your question here, then send 4RentSaint your question to 4RentSaint@bigfoot.com .
75. Can payments be sent via snail mail?
76. Why doesn't 4RentSaint offer incentives like other rental property management?
91. Why does 4RentSaint have a web site?
92. Why does 4RentSaint not return phone calls or have a phone number on the website?
93. Why does 4RentSaint want potential applicants to read the web site first?
94. Why does 4RentSaint want it "before" as opposed to "on" a given date on the time frame?
95. 4RentSaint does not have a cell phone?
96. Why does 4RentSaint charge $650.00/month?
97. Why does 4RentSaint require a Security Deposit?
98. Why doen't 4RentSaint just buy insurance to cover damages?
99. Doesn't Renter's Insurance cover damages by tenants? Why doesn't 4RentSaint buy some of that insurance?
100. What is Renter's Insurance?
101. How does one get the utilities started?
102. 4RentSaint does not care if an applicant has a criminal record?
103. Why so many smoke alarms?
1. Why are tobacco products (and by extension by-products)(smokers) (Tenants and visitors) not allowed on the entire property?
a. Smokers make up less than 24% (now 21%) of the rental market and it is declining. Once a smoker comes into the property, it ruins it for non-smokers.
b. Insurance companies statistics show that people smoking in bed are the major cause of house fires. 4RentSaint's insurance company rates reflect this risk.
c. 9 out of 10 wildfires are started by humans.
d. Try as 4RentSaint has to seal the dividing wall, the wall separating the two sides still transmits odors.
e. First hand smoke, second hand smoke, third hand smoke. First hand only affects the smoker. Second hand affects others near the smoker. Third hand gets in materials and affects anyone who comes into contact with the material. ["Your freedom ends where my nose begins." ~ unknown]
f. 4RentSaint does not want to have to watch the property continuously.
g. Smokers lie when they say they will only smoke outside.
h. "If you want to kill yourself smoking, go ahead. There are too many people in the world now. We need to get rid of a few of them. Just as long as you do not take me with you." ~ Diogenes Soloman
i. "Tobacco companies are really smart. They get you to do something that you do not like (at least not initially). They get you to do something that is not good for you. AND they get YOU to pay for it. Man, if that is not smart, I do not know what is. I wish I was that smart!" ~ Diogenes Soloman
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2. Why does each signatory to the Lease Agreement have to have their own email address?
a. MANY times one Tenant(s) does not communicate information to the other Tenant(s).
b. Each signatory has a right to equal access to any information provided by 4RentSaint.
c. When signatories vacate the premises, 4RentSaint may (will) have to get in touch with the Tenant(s) for legal matters including return of the Security Deposit.
d. When the Tenant(s) vacate the premises, the Tenant(s) often go the Tenant(s)' separate ways and 4RentSaint OFTEN has to clarify conflicts and get in touch with EACH Tenant(s) individually.
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3. Why does the Tenant(s) have to have an email address?
a. An understanding of emails shows a minimum level of knowledge and intelligence that 4RentSaint would like to see in the potential Tenant(s).
b. Email provides a date and time stamp record of communication which a real computer geek COULD possibly change, but it would take a very long time and would probably be very obvious that it had been changed.
c. Emails prevent 4RentSaint from charging the Tenant(s) for Certified Letters on mundane matters.
d. Communication is the biggest problem in most organizations. Hard copy of communication between 4RentSaint and the Tenant(s) seal what was actually stated even though even writing may be interpreted differently which is why the legal system has a court system.
e. Snail mail addresses usually change when the Tenant(s) moves.
f. Both cell and land line phone numbers can often change when the Tenant(s) moves.
g. Email addresses CAN follow the Tenant(s) wherever the Tenant(s) moves and thus provides a constant communication link to the Tenant(s).
h. Snail mail costs both 4RentSaint and the Tenant(s) money.
i. Cell phones cost money. 4RentSaint can not justify a cell phone for the rental property. Phones in general waste time with phone tag. Voice communication may be disputed in a court of law.
j. Land line phones cost money. Voice communication may be disputed in a court of law.
k. Computers cost money, but many organizations [libraries, schools, businesses (both for employees [usually for business only although some allow personal use] and customers {Wi-Fi hot spots})] often provide free Internet access.
l. Cell phone service costs money. Many organizations often provide free phone service, but its use is often for business only.
m. Land line phone service costs money. Many organizations often provide free phone service, but its use is often for business only.
n. Internet service can cost money, {but DSL can be as cheap as a land line phone}, but many organizations [libraries, schools, businesses (both for employees and customers {Wi-Fi hot spots})] often provide free Internet access.
o. Computer service can cost money, {but DSL can be as cheap as a land line phone}, but many organizations [libraries, schools, businesses (both for employees and customers {Wi-Fi hot spots})] often provide free computer access. Email saves both 4RentSaint and the Tenant(s) a lot of time and money.
p. Email allows communication between 4RentSaint and the Tenant(s) no matter where either are.
q. Email overrides telephone tag. People often call with questions that make no sense because they did not read the ads, signs, or fliers correctly.
r. Email does not discriminate. For new inquiries, 4RentSaint can not tell who is at the other end of the email.
s. If a Tenant(s) or someone else just tells 4RentSaint something, 4RentSaint may not remember it, one 4RentSaint may not tell the other members, or 4RentSaint may misinterpret what was said (just like Tenant(s)).
t. 4RentSaint can reduce the workload by creating a single email list that contains all Tenant(s)' email addresses. Such a list also insures that all Tenant(s) receive exactly the same communication.
u. So 4RentSaint and the Tenant(s) can communicate regardless of where each is located. For example. 4RentSaint went to another state for business. 4RentSaint had some car trouble. 4RentSaint could not find a pay phone. 4RentSaint did not have a cell phone. Even if 4RentSaint did have a cell phone, the cell phone probably would not have worked in another state. Most public libraries and many businesses have internet access which 4RentSaint DID use to communicate 4RentSaint's troubles with other people.
v. For Tenant(s) who want to maintain a US residence, but who travel extensively, email provides a cheap way of maintaining contact with the Tenant(s) residence.
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4. I can not afford to pay for a computer and/or Internet access. How can I receive emails on an attainable basis?
a. 4RentSaint does not require the Tenant(s) to have a computer or Internet access. 4RentSaint will print out each email that 4RentSaint sends the Tenant(s) and place it in the Tenant(s)'s door at the duplex ASAP to insure that the Tenant(s) gets the email in an appropriate time frame. 4RentSaint wants to keep the Tenant(s) informed of what is going on in order to prevent any time wasted on misunderstandings. 4RentSaint can help the Tenant(s) set up free email accounts and the public library has free computers and free internet access. 4RentSaint will not look when the Tenant(s) types in the Tenant(s)'s password.
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5. Why won't 4RentSaint cut off tree branches?
a. 4RentSaint will and does cut off dead branches, but cutting off good branches weakens the tree by depriving it of its food - sunshine. Cutting a branch creates a structural weak spot when the branch continues to grow which it will. Cutting a branch also creates a dead HARD point which really will punch out an eye. Not cutting the branch leaves a branch tip that is light, flexible, and easily deflected by the eye.
b. Certain types of trees have limbs that naturally fall downward seeking light and no matter how high up one cuts the limbs the branches will always grow towards the ground.
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6. Why does the property have so many trees?
a. Trees create oxygen which humans breathe.
b. Trees act as wind breaks in the winter and air conditioners in the summer. Landscaping guidelines suggest planting evergreens on the north side of a house to deflect cold north winds and snow, and deciduous trees on the south side to reduce the heat via the leaves in the summer and increase the heat in the winter when the leaves fall off the tree. Such effects of the trees act to reduce the thermal stress on the building which reduces maintenance and to reduce the temperature extremes in the summer and winter and thus reduce the Tenant(s)'s utility bills, cooling in the summer and heating in the winter. Trees act as wind breaks to reduce wind damage.
c. The trees in front act as barriers to runaway cars and as a shield against street and neighbor noise.
d. Trees enhance the beauty of the property.
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7. Why won't 4RentSaint let the Tenant(s) work on the property?
a. See "Murphy's Laws"above.
b. Many contractors do not do a good job. Tenant(s) probably would not either.
c. When 4RentSaint does the maintenance, 4RentSaint sees other things that may need to be done at the same time that would reduce the amount of time that 4RentSaint will have to inconvenience the Tenant(s) and which will prevent even worse problems later on - preventive maintenance. Most people do not even begin to comprehend the work involved in maintaining ANY property ESPECIALLY property more than 10 years old. See the movie "The Money Pit".
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8. Why does 4RentSaint require 3 months rent up front?
a. Requiring 3 months rent allows 4RentSaint to rent to people who might not have the best credit or other history in the world.
b. Requiring 3 months rent provides us with an indication that the potential renter has started to use some good financial management, renters who are not just living day to day, but have plans for their lives.
c. The risk in a rental relationship is ALL on 4RentSaint. Thus, 4RentSaint must cover this risk for people who do not have a good credit history.
d. 4RentSaint figures anyone who can come up with 3 months rent do not require a credit check which saves 4RentSaint and thus the applicant a large rental fee.
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9. What is under the tarp in the driveway?
a. An International Harvester 21 foot cargo truck.
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10. Why is the truck in the driveway?
a. The truck holds construction materials that have been used for the last 6 years working on the duplex.
b. The truck is being used as a shed and a workshop for the duplex also.
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11. When will the truck be gone?
a. As soon as possible, but work is STILL (always) being done on the property, a new end wall needs to be constructed on the truck, the truck needs to be painted, and a place to move the truck to needs to be prepared. When the truck leaves, the Side A rent will go to $675.00 and Side B rent will go to $700.00. The truck has been there for the last 6 tenants and the Side A rent has been $650.00/month for the next to last 5 tenants.
b. One applicant when told the time frame decided not to rent. Why is it OK for applicants to be picky and not 4RentSaint? Do not like the truck? Well, 4RentSaint does not like it either! But it has to be there for a while. The truck may be a truck, but 4RentSaint is using it as a shed. 4RentSaint has to get 4RentSaint's money out of the truck some how. Working on the truck is the same as working on the shed in the back yard. 4RentSaint can not even move the truck until 4RentSaint gets some work done on the property. The truck has been there for the last 6 tenants and 4RentSaint has been getting $650.00/month for Side A. Stuff is gradually being moved from the back yard shed to the truck shed so the Tenant(s) can use the shed in the back yard.
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12. Why can over night guests only stay for two weeks a year?
a. Two weeks is a standard in most leases and a standard vacation length. Anything past two weeks is considered "living at the premises". Two weeks overnight is the Tenant(s)'s limit not the guests. If someone wants to stay longer, they should simply fill out an application and 4RentSaint will consider them just like any other applicant.
b. Simple mathematics. The more people who live at the premises, the more likely damage will be done.
c. Would the Tenant(s) want someone the Tenant(s) does not know living in the Tenant(s)'s bedroom? Hardly! Well, 4RentSaint does not want someone 4RentSaint does not know living in the duplex.
d. ANYONE who lives at the rental property SHOULD be held accountable for the Lease Agreement requirements for both 4RentSaint and any other Tenant(s)'s equality.
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13. Why would 4RentSaint expect the Tenant(s) to pay for damages? (4RentSaint can not believe this one.)
a. ACCOUNTABILITY!!!!! Free will!!!! Free enterprise! People are responsible for their actions in any civil society. "Your freedom ends where my nose begins!" Simple geometry shows that there is no such thing as unlimited freedom.
b. Rent barely covers normal wear and tear and 4RentSaint, other property owners, and the legal system interpret this very strictly. Better mop the floor when you get it wet or dirty.
c. Renting property is NOT the same as owning the property. Damaging rental property is the same as damaging property the Tenant(s) is NOT renting. Damaging the property is a criminal matter. Not repairing or paying for the damage is a civil matter.
d. One of the axioms of economics is that "There no such thing as a free lunch." Basically, if rental owners can not make money, then there will be no rental property for renters to rent. All rental property owners are subject to the same Laws of Nature [See the "Declaration of Independence"!] as everyone else; in this case economics. (See the Wintergreen example above.)
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14. Why is the Tenant(s) required to notify 4RentSaint when guests stay past 11:00PM?
a. Anyone who stays past 11:00PM is considered an overnight guest.
b. So both 4RentSaint and the Tenant(s) can keep track of how many overnights the Tenant(s) has used.
c. So 4RentSaint can build a trust in the Tenant(s) such that 4RentSaint does not have to drive by every night and every morning to make sure no one is staying overnight.
d. 4RentSaint can not think of a better method to insure that a non-Tenant(s) is not living at the duplex. 4RentSaint welcomes any suggestions to improve this requirement.
e. So 4RentSaint does not accidentally call the police when 4RentSaint sees someone 4RentSaint does not know wandering around the property at night.
f. Many apartments and businesses have doormen (greeters at Walmart), desk clerks (customer service), security guards, and surveillance cameras and actually market these as an asset to the customer. 4RentSaint does not have the resources to have all these items and so 4RentSaint must stop by and/or drive by to keep an eye on the property for maintenance, security, and Lease Agreement compliance. Having the Tenant(s) call about over night guests can save both 4RentSaint and the Tenant(s) a lot of headaches.
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15. Why does 11:00 PM define what an overnight guest is?
a. Can an applicant justify any other time to define what an overnight stay is? If so, tell 4RentSaint!
b. The City of Charlottesville and many governments set curfews (limits) on businesses, drivers, etc. all the time. Recently, a restaurant was effectively shut down by the city because of complaints by the neighbors.
c. 11:00 PM is not the only criteria defined as "living" or "guest" at the rental property. ANY continual activity or extended stay at the rental property may be interpretted as "living" or "guest" at the rental property.
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16. Why are Tenant(s) required to AGREE to take drug tests when requested by 4RentSaint?
a. The Tenant(s) benefits from such a requirement. YES, really. ALL leases written or otherwise implicitly and usually explicitly specify that the Tenant(s) must obey ALL laws. Unfortunately, "Innocent until proven guilty!" does not apply to businesses. Personally, 4RentSaint wishes it did. Businesses do not have to prove that one is guilty of a crime. 4RentSaint can ask the Tenant(s) to leave if 4RentSaint suspects that the Tenant(s) is violating a law. As business owners, 4RentSaint does not have to prove guilt. This requirement actually provides a means for the Tenant(s) to prove the Tenant(s)'s innocence!
b. New Virginia drug laws can tie 4RentSaint's property up in court for years.
c. 4RentSaint does not want police damaging 4RentSaint's property by knocking down the doors and windows. A smoke grenade could burn the property down.
d. Having drug users at a property can kill any future marketing of the property and significantly decrease its market value. If the Tenant(s) does not do drugs, the Tenant(s) has nothing to worry about.
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17. Why is the Tenant(s) required to provide an annual or tenure summary showing specific dates, usage, and cost of the Tenant(s)'s utilities?
a. 4RentSaint uses the data for marketing and maintenance purposes. [Potential tenants ask for the information.] If 4RentSaint has to pay for any billing information, the amount will be charged to the Tenant(s)'s Security Deposit. If the information is not provided on an annual and tenure (a partial year) basis, then $100.00 will be charged to the Security Deposit for each incident. 4RentSaint has absolutely no interest in how much or little of the utilities a given Tenant(s) may use. That is completely up to the Tenant(s). The Tenant(s) can allocate the Tenant(s)'s resources however the Tenant(s) may wish. However, data points need to be specific in terms or dates, amount, and type (gas, water, sewer, electricity). Although the City of Charlottesville combines the gas, water and sewer data into one form, the usage is broken into sewer and water in both amount and cost and should be reported similarly. Dominion Virgina Power will only release the data to the bill payer. Per the Lease Agreement no identity will be associated with the data made public. 4RentSaint also allows the applicant to sign a Utility Information Athorization form to allow 4RentSaint to acquire the information, but the Tenant(s) will be responsible for any charges.
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18. Why is the Tenant(s) required to notify 4RentSaint at least 24 hours before going away for a day or more?
a. So 4RentSaint can schedule maintenance without inconveniencing the Tenant(s). It is to the Tenant(s)'s advantage to have work done when the Tenant(s) is not there. 4RentSaint assumes that the Tenant(s) wants 4RentSaint to keep the property in good shape.
b. So 4RentSaint can keep an eye (security) on the property in the absence of the Tenant(s).
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19. Why does 4RentSaint only give the Tenant(s) one key to one lock?
a. To keep costs and thus rent down.
b. So 4RentSaint does not have to change every lock in the property and charge the Tenant(s)'s Security Deposit for the change. Hiring locksmiths can easily cost the entire Security Deposit.
c. The Tenant(s) does not need more keys to be secure. The rental has storm doors (which a lot of rentals do not have). When away from the apartment, the Tenant(s) has two locks on the rear entrance and one lock on the front entrance that the Tenant(s) can lock. When the Tenant(s) is at the apartment, the Tenant(s) has two locks on the rear entrance and THREE locks on the front entrance that the Tenant(s) can lock. All the (new) windows have locks.
d. Anyway, the Tenant(s) by law is required to provide 4RentSaint with the key to any lock that the Tenant(s) might install. The Lease Agreement requires 4RentSaint's permission to do any work on the property.
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20. Why does 4RentSaint keep coming over to the property?
a. The History Channel : "Life After People" , i.e. maintenance! Most people do not realize how much work is involved in maintaining ANY property and how quickly Mother Nature takes it toll on ANY property.
b. Lease Agreement compliance.
c. Preventive maintenance costs less than rebuilding. Some rental owners bleed the property to death to get as much money as possible out of the property. 4RentSaint is in the property for the long haul and preventive maintenance reduces 4RentSaint's work load in the long term. However, 4RentSaint is currently trying to get the property into maintenance only stage so that 4RentSaint will not have to work on the property almost every day instead of its current repair stage.
d. When regular maintenance is done by 4RentSaint, 4RentSaint finds more severe problems that need to be dealt with.
e. Different maintenance items have different time frames. Smoke detector tests, grass cutting, sidewalk cleaning usually is suppose to be or should be scheduled every two weeks. Furnace filters need to be changed almost every month depending upon the type of furnace and filter. Newer water heaters are suppose to be drained once a month. Please see the Maintenance Calendar.
f. Security!
g. What does the Tenant(s) have to hide?
h. Most people do not even begin to comprehend the work involved in maintaining ANY property ESPECIALLY property more than 10 years old. See the movie "The Money Pit". Every real estate person knows the problems associated with property more than 10 years. 4RentSaint has been working almost constantly on the property for the last 7 years and STILL has a lot of work to do. At least, 20 necessary fixes are needed and 3 improvements are desired. 4RentSaint is trying to get the property into reasonably sustainable condition SO 4RentSaint will not HAVE to constantly work on the property.
i. "This Old House" magazine illustrated the power of Mother Nature by showing a picture of some garden steps that were overgrown. Then they cleaned the steps and showed another picture of the garden steps about 2 months later. The garden steps were already completely overgrown.
j. Public and commercial buildings have to have their elevators and fire alarm-sprinkler systems inspected regularly, usually by the local government. Autos have to have their oil, radiator fluid, power steering, brakes, windshield wipers, fuel filters, tires, brake fluid, air filters, tire pressure, etc checked and changed on a regular basis. Even maintenance tools like lawn mowers have to be serviced regularly. Computers require constant maintenance. The government inspects cars, trains, planes, elevators, sprinklers, houses, businesses, etc. Why would a tenant think that their accommodations would NOT have to be inspected? Why would a tenant think that rental property would be any different? Is it an inconvenience? Yes. Is it necessary? Yes.
k. Unfortunately, most items that have to be checked or serviced on a regular basis are inside the apartment which is why 4RentSaint needs to enter the apartment on a monthly basis. Most checks only take a few minutes so doing so should not be that big of an inconvenience. Other maintenance may take longer, a couple of hours at least, however.
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21. Why does 4RentSaint require the rent to be provided three days before the first of the month?
a. So that the rent will not "get lost in the mail"!
b. As the eviction process starts immediately, the three day advance provides an alarm to 4RentSaint that something is wrong and so 4RentSaint can get the error fixed before having to start the eviction process. Maybe the Tenant(s) has been incapacitated or has decided to move out and has not informed 4RentSaint, etc. There could be a number of valid and reasonable causes for the delay that may warrant a late fee, but not eviction, so the three day advance really protects the Tenant(s) as well as 4RentSaint.
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22. Why doesn't 4RentSaint talk to the Tenant(s)?
a. 4RentSaint, for ethical reasons, keeps 4RentSaint's personal lives and professional lives separate. Lending money to a friend is the quickest way to lose a friend. Likewise in any business venture. When professional relationships develop into personal ones, the Tenant(s) often expects favored treatment which for legal reasons 4RentSaint can not do.
b. 4RentSaint talks to the Tenant(s) as little as possible to maintain a sense of privacy for the Tenant(s). Emails are less intrusion than personal contact or telephone conversations.
c. Again, communication is the biggest problem in any organization. By the Lease Agreement, nothing 4RentSaint states overrides the Lease Agreement. A psychologist actually performed an experiment by lining up a hundred people. The psychologist instructed the individuals to silently whisper what was told to them into the next person's ear. The psychologist whispered something into the first individual's ear. The last person whispered what he had been told into the psychologist's ear. The information was completely different from what the psychologist had initially said. The message was "lost in the translation". Telling 24 people something gets 24 different interpretations of what was said. "People hear what they want to hear and believe what they want to believe regardless of what the facts are or what was actually stated." ~ Diogenes Soloman. Writing is more (but not absolutely) determinant.
d. For legal reasons, 4RentSaint likes to document all communication. So should the Tenant(s).
e. If the Tenant(s) wants to talk that is fine, but 4RentSaint does not have the time to stand there while the Tenant(s) is simply running the Tenant(s)'s mouth. 4RentSaint has things to do. Many Tenant(s) enjoy talking so much that 4RentSaint can not get a word in edgewise. Thus, 4RentSaint can not present information about the property to the Tenant(s) in a logical fashion.
f. Sometimes the information that 4RentSaint has to present to the Tenant(s) is not always viewed favorably by the Tenant(s) and the Tenant(s) begins to yell and/or get confrontational. A Tenant(s) does not have to like the information presented and can even get mad, but 4RentSaint does not want to be there or on the phone when the Tenant(s) does.
g. ALL Tenant(s) have an equal right to ALL information transmitted. By talking to a single Tenant(s), 4RentSaint may communicate something to a single Tenant(s) that 4RentSaint or the Tenant(s) may forget to tell other Tenant(s). See 49 below. Even if there is only one Tenant(s), 4RentSaint prefers to remain consistent in dealing with all Tenant(s).
h. 4RentSaint has a tendency to be too nice and that gets 4RentSaint into trouble by promising too much and things that can not be delivered and which 4RentSaint later regrets agreeing to. The Lease Agreement actually states that NOTHING that 4RentSaint says overrides the Lease Agreement.
i. Physics, Mother Nature, the human body can create situations where literally what one person says is NOT what the other person hears! Yes really!
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23. Why does 4RentSaint rent month to month yet require the Tenant(s) to stay at least six months or to sacrifice half of the Security Deposit?
a. The risk factor! Tenant(s) can do a lot of damage in a small amount of time and 4RentSaint wants to be able to get a destructive Tenant(s) out of the duplex as soon as possible and renting on a month to month basis gives 4RentSaint much more legal leeway. Good Tenant(s) have nothing to worry about. ALL rental property owners want to rent property as long and as continuous as possible.
b. The month to month is for 4RentSaint's benefit not the Tenant(s)'s although such a time frame does allow the Tenant(s) to move at a time that may be convenient to the Tenant(s) and not to 4RentSaint. 4RentSaint does NOT want the Tenant(s) to come in for a few months and then leave because of the overhead associated with marketing a property. However, the Lease Agreement MUST be enforced.
c. The loss of half of the Security Deposit before a six month stay is required simply to get the 4RentSaint's money back from the marketing and labor costs.
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24. Why does 4RentSaint charge Certified Letters to the Tenant(s)'s Security Deposits?
a. In rental property, enforcement in most rental agreements is kind of an all or nothing deal. 4RentSaint either kicks the Tenant(s) out or lets the Tenant(s) stay. Sending Certified Letters is a lot of work so 4RentSaint only uses them as a last resort, but the procedures for covering all possibilities have to be in effect upon signing the lease. Charging for Certified Letters lets the Tenant(s) know that 4RentSaint is serious about enforcing a tenet of the Lease Agreement without having to kick the Tenant(s) out. But a Tenant(s) can save the Tenant(s) and 4RentSaint a lot of trouble just by reviewing the Lease Agreement occasionally to insure that the Tenant(s) is complying with the Lease Agreement.
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25. Why does 4RentSaint require a copy of an applicant's driver's license?
a. No it is not to keep out illegal aliens although that may be a side effect. Many people have fake driver's licenses. Drivers' licenses, although not a fool proof system, do provide some measure of an applicant's identity, honesty, reliability in getting things done on time (like rent payments), etc.
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26. Why does 4RentSaint not give out applications when people visit the property?
a. Marketing material can easily cost $500.00 every time 4RentSaint markets the property. 4RentSaint used to give out fliers and applications when prospective applicants stopped by, but often the sightseers are not really serious. Thus, 4RentSaint has initiated web and email communication to provide applicants with all the information. Applicants often take an application and NEVER fill them out. Copies of the Lease Agreement never seem to return either. That costs money.
b. 4RentSaint wants applicants to read ALL the information (now) on the web site to insure that the applicants are serious and so the applicants understand exactly what their responsibilities are.
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27. Why does 4RentSaint have so many forms to fill out?
a. Looking on the web, one will find at least 25 forms that property managers use. 4RentSaint only uses about 5 forms.
b. The forms and procedures that 4RentSaint uses are actually to the Tenant(s)'s benefit as much as 4RentSaint's. Most laws and leases are a two edge sword. 4RentSaint establishes procedures as much as to prevent 4RentSaint from having to evict a Tenant(s) as to evict them. Yes, really! Remember 4RentSaint does not want to evict anyone! Most Tenant(s) are NOT well informed of the Tenant(s)'s responsibilities. The procedures and forms are also to remind the Tenant(s) so that the Tenant(s) does not do something that will force 4RentSaint to evict the Tenant(s). Remember, 4RentSaint wants to earn money not evict the Tenant(s). BUT the Lease Agreement has to be enforced.
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28. Why does 4RentSaint make the Tenant(s) read the Lease Agreement out loud before signing?
a. A copy of the full Lease Agreement is not given to the applicants until the day of signing unless the applicants are willing to read the lease in the presence of 4RentSaint. Applicants often take a lease to read and then never return it. Leases cost a lot of money to print. An old copy of the Lease Agreement is on the web. Reading the Lease Agreement out loud insures that the Tenant(s) has read the Lease Agreement at least once and thus can not complain that the Tenant(s) did not know what was in the Lease Agreement (as if that was an excuse). Most people lie and say they have read it when in reality they have not.
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29. Why is the Lease Agreement so long?
a. The Lease Agreement is no longer than any lease that one signs at an apartment complex. Apartment leases are on legal size paper in print so small that one can hardly read it. 4RentSaint WANTS the Tenant(s) to understand what 4RentSaint's and the Tenant(s)'s responsibilities are. Thus, the print is large enough to easily read and spaces are included for clarity. 4RentSaint also tries to make the Lease Agreement as specific as possible in an attempt to eliminate any confusion or disagreement.
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30. Why does 4RentSaint and the Tenant(s) have to initial each page of the Lease Agreement?
a. To insure that neither party tries to slip in a different page.
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31. Why does 4RentSaint provide a locked mailbox (dropbox) for leaving the rent payment IF the Tenant(s) desires to do so?
a. The wind can not blow the rent away.
b. The rain or snow can not get the rent wet.
c. No one can take the rent.
d. 4RentSaint can tell if the rent has met the deadline.
e. The Tenant(s) can deliver the rent when 4RentSaint is not available and/or at the Tenant(s)'s convenience.
f. In case the Tenant(s) does not trust the US Postal Service to deliver the rent on time. "The check is in the mail." does NOT excuse the Tenant(s) from meeting the three day deadline for RECEIVING the rental payment. The deadline is NOT the SENT time, but the RECEIVED time. Because 4RentSaint does not cash any check until the first of the month, the Tenant(s) is welcome to send the check much earlier to insure that it does not get "lost in the mail".
g. To insure that neither Owner(s) absconds with the check or does not tell the other Owner(s) that it has been paid.
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32. Can the Tenant(s) pay in cash?
a. Yes. However, in the presence of both 4RentSaint and the Tenant(s), any cash must be counted by the Tenant(s) and then by 4RentSaint when being given to 4RentSaint and the reverse when being given to the Tenant(s).
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33. Will 4RentSaint give the Tenant(s) a receipt?
a. 4RentSaint will only give a receipt for cash because a check, certified check, money order could possibly be stopped or forged. The Tenant(s) also may not have sufficient funds to cover the check. All checks will show up in the Tenant(s)'s accounts.
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34. Why do ALL Tenant(s) have to sign and initial the Lease Agreement?
a. Because anyone who lives at the apartment who is or becomes during tenancy 18 or older must be a signatory to the Lease Agreement.
b. Because EACH Tenant is responsible for the ENTIRE Lease Agreement and finances.
c. Free will and accountability. Every person SHOULD be held accountable for their actions in any society.
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35. Why does the Tenant(s) have to keep the front yard clear?
a. In two words, the neighbors.
b. For marketing purposes. 4RentSaint wants the property to look nice when a potential renter drives by.
c. For safety reasons, because other people (visitors, contractors, other tenants) often use the common areas and CAN cross the other tenants property in certain circumstances.
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36. Can the Tenant(s) barbecue at the duplex?
a. Yes, but the grill must be at least 30 feet away from the building in the backyard only because black soot coats the building otherwise. There is plenty of flat area near the rear property line.
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37. Why does 4RentSaint think that 4RentSaint can come into the apartment without a warrant?
a. ALL rental property owners can enter their rental without a warrant. The rental property is 4RentSaint's property NOT the Tenant(s)'s. 4RentSaint has the right to insure that 4RentSaint's property is well maintained by the Tenant(s). Indeed, the law REQUIRES 4RentSaint to take care of rental (ANY) property just like 4RentSaint must take care of 4RentSaint's home property. This requirement provides the rationale for 4RentSaint to have access to the apartment. Legally, by law and the Lease Agreement, 4RentSaint CAN come into the apartment after giving the Tenant(s) 24 hour notice. As the Introduction states, what legal authorities can not do is not the same as what 4RentSaint can not do. 4RentSaint does not even want to be at the property, but Mother Nature and Tenant Nature insist on it.
By extension, the Tenant(s) must also be held accountable for the condition of the property which means that 4RentSaint must inspect the property on a regular basis to insure that the Tenant(s) is not damaging the property. Renting property does NOT give the Tenant(s) the right to destroy the property anymore than the Tenant(s) has the right to destroy ANY property that the Tenant(s) does not own. Certain types of one's own property can not even be destroyed without permission from the government. Yes, really!!!! (Even 4RentSaint finds this difficult to believe.) 4RentSaint would think that the Tenant(s) would want 4RentSaint to maintain the property. Wait until the toilet flows over and see how fast the Tenant(s) wants 4RentSaint in the apartment.
4RentSaint, as a matter of courtesy, USUALLY gives the Tenant(s) about a week's notice before coming into the apartment. Such an extended time frame should give the Tenant(s) more than enough time to immediately schedule another date and time for the apartment access IF the original date and time are inconvenient to the Tenant(s). No guarantees in this regard however. 4RentSaint expects the same courtesy from the Tenant(s). After notice, 4RentSaint can NOT be kept out of the apartment. Attempting to do so will only irritate 4RentSaint and get the Tenant(s) evicted really quick. Also, the Tenant(s) does not HAVE to be present when 4RentSaint comes into the apartment, but the Tenant(s) has the right and is welcome to be present. Most people do not even begin to comprehend how much work is involved in maintaining ANY property.
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38. Why does 4RentSaint stalk the Tenant(s)?
a. 4RentSaint is NOT stalking ANYONE. Stalking means following the Tenant(s) wherever the Tenant(s) goes. 4RentSaint does not care what the Tenant(s) does away from the rental property as long as their actions do not affect the rental property when the Tenant(s) returns. 4RentSaint does not have the time or desire to stalk anyone. 4RentSaint does not even want to be at the rental property unless absolutely necessary. However, 4RentSaint does have to keep an eye on the property for both maintenance, lease considerations, and security. Most repair books have a regular maintenance schedule for any property. See the Maintenance Calendar.
b. 4RentSaint does not have doormen, desk clerks, security guards, security cameras, and maintenance personnel to keep a constant eye on the property like some apartment complexes, so 4RentSaint must do it 4RentSaint's self.
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39. How come 4RentSaint does not hire someone to do the maintenance and repairs?
a. After property taxes, insurance, mortgage payments, normal maintenance, marketing, legal fees, vacancies, etc, most rental property owners are lucky to even break even. Contractors charge an arm and a leg and 75% of them do a lousy job that is not up to code. Even the big well known contractors do not seem to know what the Uniform Building Code is.
b. When regular maintenance is done by 4RentSaint, 4RentSaint finds more severe problems that need to be dealt with.
c. Different maintenance items have different time frames. User manuals specify specific intervals for testing, cleaning, replacing their products. Smoke detector tests, grass cutting, sidewalk cleaning usually is suppose to be or should be scheduled every two week. Furnace filters need to be changed and water heaters are supposed to be drained almost every month depending upon the type of furnace and filter. Please see the Maintenance Calendar. No one can afford to hire someone to do all these items.
d. Managing contractors takes almost as much time as 4RentSaint doing the work.
e. Some "Honey do list" items are so labor intensive that hiring someone to do them would be so expensive as to make hiring a contractor simply impractical.
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40. What does 4RentSaint mean by "three days"?
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41. What does 4RentSaint mean by "before"?
a. Exactly that. Not a fraction of a second after.
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42. Why is 4RentSaint so strict in its enforcement of the Lease Agreement?
a. The neighbors.
b. The city government.
c. The ambiguity of understanding what is actually going on at the rental property requires a strict line. When 4RentSaint does not understand what is going on at the rental property, 4RentSaint must compensate by being more strict so 4RentSaint can determine what is going on. The reason 4RentSaint requires the Tenant(s) to inform 4RentSaint about the Tenant(s) actions is so 4RentSaint can build a trust with the Tenant(s) and thus not have to spend so much time enforcing the Lease Agreement requirements. If the Tenant(s) does not want to adhere to the Lease Agreement requirements, then the Tenant(s) should not have signed the Lease Agreement and moved in. The Lease Agreement is a legal document that ALL parties MUST obey. 4RentSaint attempts to follow the Lease Agreement to the letter and expects the same from the Tenant(s). For some odd reason, many tenants seem to think that the Tenant(s) can ignore the Lease Agreement requirements once they have moved in, or that they can get away without obeying the requirements. Honesty with 4RentSaint and following the requirements will go a lot farther with 4RentSaint than trying to constantly finagle around the rules.
d. Creep. When 4RentSaint lets one violation of the Lease Agreement go, most Tenant(s) seem to think that it is ok (Nonenforcement of a tenet of the Lease Agreement does not condone nor excuse the violation. Why would anyone think that it would?) to do something else wrong. Some Tenant(s) will push the boundary until the Tenant(s) gets the Tenant(s) into trouble. The more the violations, the angrier that 4RentSaint gets and the more drastic the discipline.
e. 4RentSaint does not have doormen, desk clerks, security guards, security cameras, and maintenance personnel to keep a constant eye on the property like some apartment complexes, so 4RentSaint must do it 4RentSaint's self.
f. If the Tenant(s) thinks 4RentSaint is strict, build a house in a gated community or buy a condominium. Ever heard of Home Owners Association rules or Condominium Owners Association rules? People OWN these properties and yet still have to conform to VERY STRICT agreed to rules and regulations.
g. Go look at the city building and maintenance codes!!!!
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43. What is midnight and noon?(http://en.wikipedia.org/wiki/Midnight)
a. Strictly speaking midnight IS 12:00:00 PM, but is usually written 12:00:00 AM to indicate the start of a new day. Strictly speaking, the new day does not start until AFTER 12:00:00 PM. 12:00:01 or any fraction of time AFTER 12:00:00 IS actually the start of the new day.
b. The same confusion exists for noon. Strictly speaking noon IS 12:00:00 AM, but is usually written 12:00:00 PM to indicate the start of a new day. Strictly speaking, afternoon does not start until AFTER 12:00:00 (AM) PM. 12:00:01 or any fraction of time AFTER 12:00:00 AM IS actually the start of the afternoon.
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44. Why does 4RentSaint start the eviction process on the first of the payment period if the payment is late?
a. The eviction process takes a month. So, if the eviction process is not started immediately when a violation of the Lease Agreement occurs, 4RentSaint loses another month's payment.
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45. Why does 4RentSaint require the front porch to be kept clear?
a. Marketing. 4RentSaint wants to keep the property presentable at all times in case a potential renter drives by.
b. The neighbors.
c. Safety! To protect current and future Tenant(s) and 4RentSaint from harm. One tenant had at least eleven items on the front porch and 4RentSaint was so busy that 4RentSaint did not have time to discipline the Tenant(s). A severe thunderstorm sent more than half of the items flying off of the porch including metal, broken glass, and even bulkier items. Some of the items were thrown into other peoples yards. Not all of the metal pieces and broken glass was recovered or could be found. These items present a safety hazard to ALL living things that use the property. They could be hit by the objects when walking on the property during the storm. Later, they could step on the items when using the front yard. They could be hit by items that were thrown off the prorch and could not be found and then flung away from a lawn mower or other mechanical device used by a Tenant(s), a contractor, 4RentSaint, or the Tenant(s) at fault.
d. Liability for both 4RentSaint and the Tenant(s). Anyone visiting could sue the Tenant(s) and/or 4RentSaint for injury. One Tenant(s) could sue another Tenant(s) and/or 4RentSaint for injury. 4RentSaint could sue a Tenant(s) for injury. If a Tenant(s) does not have Renter's Insurance, then the Tenant(s) places the Tenant(s) at the Tenant(s)'s own risk.
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46. Why does 4RentSaint require coasters to be placed under any furniture?
a. Coasters are required under furniture to protect the floor and will save the Tenant(s) charges to the Security Deposit for damage to the refurbished floors. Teflon coasters should be used for carpet and carpet coasters for wood and tile. [As many coasters as necessary will be supplied to the Tenant(s) by 4RentSaint.] Floor replacement costs a LOT of money.
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47. Why does it take 4RentSaint so long to get things done at the rental property?
a. 4RentSaint has a lot of things to do and the parameters in question like importance, work effort, time frame, material or tool availability, etc of the item in question may not place it high on the "Honey do list".
b. When doing one thing, 4RentSaint often finds that 4RentSaint needs to do three or more other things before doing the thing that was orginally suppose to be done. See HGTV Holmes on Homes.
c. Although 4RentSaint knows a lot about everything, 4RentSaint does not know everything and often has to do some research on how to do something, or spend time looking for solutions to problems encountered or looking for the best solution from a cost-benefit perspective not just the obvious solution to the problem.
d. Sometimes the items needed to do something are not available either because of stocking, shipping, locatable, or even knowledge of their existence. See HGTV Holmes on Homes.
e. When contractors come to a job, a person only sees the time that it takes to do the specific action. The person does not see all the overhead (a. b. c. d. above)(behind the scenes work i.e. getting parts, tools, people, products, paperwork, together to actually do the specific work). Overhead can take anywhere from 25% to 75% of the total work time. See HGTV Holmes on Homes. One (two men) contractor only took two hours to put up an awning, but it took the company three weeks to even get to the job.
f. 4RentSaint has only one person managing the property. On HGTV Holmes on Homes, the host contractor (the kind of contractor 4RentSaint wants to hire) renovated a whole basement in a month, but he had 140 people working on the basement. No way can 4RentSaint afford to hire 140 people.
g. Like HGTV Holmes on Homes, 4RentSaint tries to do the job right (even if not always successful) and that takes time and effort and sometimes a couple of tries. "You never have time to do it right, but you always have time to do it over!' ~ unknown
h. Murphy's Laws.
i. There are some to do lists items that are VERY labor intensive and would cost a fortune to hire someone to do.
j. "You never have time to do it right. You always have time to do it over." ~ unknown.
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48. What part of the property is Side A and what part is Side B?
a. Side A is to the right when facing the rental property. The available part of the front driveway is divided equally down the middle. The front yard is divided by the front sidewalk. The back yard is divided by the middle of the building. However, Side A Tenant(s) have right of way access to the shed, the crawl space door, and the wooded area on the north side of the property. When one side of the duplex is vacant, the Tenant(s) has compilete access to the exterior.
49. Why doesn't something that 4RentSaint says make it ok to do something?
a. Even though the 4RentSaint Manager has complete authority to manage the property, the 4RentSaint Manager prefers and is obligated by the Lease Agreement to consult with the other 4RentSaint Owner(s) for different points of view and mutual agreement.
b. The Lease Agreement is the LEGAL agreement and no 4RentSaint Owner(s) can override the written document.
c. The written document is the only agreement that a court will recognize in the face of any testimony to the contrary and even then may not accept verbal agreements because of the multiple owership.
d. The Lease Agreement is also what 4RentSaint Owner(s) have agreed to and thus no Owner(s) can legally change the Lease Agreement without the other Owner(s) consent and then 4RentSaint would put it in writing.
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50. Can the Tenant(s) sublet the apartment?
a. Because the Lease Agreement is on a month to month basis, there should be no need to ever sublet the apartment.
b. ONLY 4RentSaint decides who can occupy the apartment. Would the Tenant(s) want someone the Tenant(s) does not know living in the Tenant(s)'s bedroom? Then, why would the Tenant(s) think that 4RentSaint would want someone that 4RentSaint does not know living at the apartment?
c. 4RentSaint is working on an apartment sharing agreement so that strangers can share the apartment to split costs if they wish.
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51. Can unrelated people share the apartment?
a. Yes, but every Tenant(s) MUST be a signatory to the Lease Agreement and are accountable directly to 4RentSaint and NOT another Tenant(s).
b. 4RentSaint is working on an apartment sharing agreement so that strangers can share the apartment to split costs if they wish.
52. Why does 4RentSaint prefer professionals?
a. Because they do not act like idiots. (Although this is not an absolute rule.)
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53. If 4RentSaint does not enforce a tenet of the Lease Agreement, does that mean that 4RentSaint does not care if the Tenant(s) violates a tenet of the Lease Agreement?
a. Of course not! Why would anyone think that doing something that is not agreed to in the Lease Agreement would be ok. The Lease Agreement is just like public laws. Not all public laws are enforced strictly simply because of resources in time, money, etc., but the lack of enforcement does not make breaking a law legal. Likewise, with the Lease Agreement. Resources and cost-benefit tradeoffs influence action. Eventually, time and resources will usually catch up with a crook and a tenant. Even though 4RentSaint may not enforce a tenet of the Lease Agreement right away does not mean that 4RentSaint will forget or forgive violations of the Lease Agreement. Think of the TV program Cold Case Files on A&E.
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54. Why can't the Tenant(s) expect 4RentSaint to fix a hazardous situation, but 4RentSaint can force the Tenant(s) to stop doing something hazardous?
a. In management terms, it depends upon the situation including the time frame, when the hazardous situation occurred relative to the signing of the Lease Agreement, to whom the situation is hazardous, and other environmental-logical parameters.
4RentSaint is not required to explain the law or the Lease Agreement to Tenant(s). Indeed, the Lease Agreement clearly states, "(This is a legally binding contract. If not understood, seek competent advice before signing.)" Indeed, the law frowns on non-lawyers giving legal advice. However, most man made laws are or SHOULD be based upon the Natural Laws of Nature (see the Declaration of Independence), like logic, math, science, etc. One can pass a law that says that gravity flows up, but that would not make it true. Thus, 4RentSaint is explaining logic.
There are two states in legal terminology. Before the contract and after the contract. Pre-existing conditions and post contract conditions. Pre-existing conditions are conditions (even dangerous ones) that existed before the contract was signed and that the signatory accepted when the signatory signed the contract.
For example, skiing, driving, sky diving, scuba diving, mountain climbing, hiking, amusement park rides. When one gets a driver's license, one accepts the conditions of the automotive transportation system. One can not sue the government because the roads are winding, steep, rainy, snowy, icy, or in poor condition. One can not sue Mother Nature either. Indeed, the government holds the driver accountable for controlling the motor vehicle under ALL conditions. 4RentSaint does not know the legal term for this, but 4RentSaint calls this "reasonable cognizance". Likewise, when one goes skiing, etc. Indeed, some people do things BECAUSE of the risk, because the risk gives them a sense of excitement.
b. Half of the improvements to the property in the last 7 years have been improvements in the safety of the property, so 4RentSaint is definitely concerned about safety, but cost-benefit and responsibility must enter the equation. Indeed, maintenance is 90% about safety. See the History Channel "Life After People". Are there dangerous things at the duplex that still need to be fixed? Of course. The slippery porch has almost fixed itself. Does this situation make 4RentSaint hypocritical about requiring the Tenant(s) to fix dangerous situations that the Tenant(s) has created? Not at all. At least 4RentSaint pointed out the problem and was honest about the condition. Once pointed out 4RentSaint expected the Tenant(s) to use "reasonable cognizance". The slippery porch was a "pre-existing condition" that the Tenant(s) knew about before hand and agreed to live with.
4RentSaint has 1. Replaced the handrails on the front driveway steps. 2. Repaired the back porches several times. 3. Painted white stripes on the porch, step edges, and walkways. 4. Put patio blocks from the driveway to the front steps. 5. Put railroad ties and planted trees in front to stop runaway motor vehicles. 6. Chopped down a pine tree that might fall on the duplex. 7. Installed motion detector flood lights on the sides of the building. 8. Installed dead bolt locks on all exterior doors. 9. Thrown straw on bare paths to prevent slippage. 10. Installed smoke/carbon monoxide detectors in most rooms. 11. Installed fire extinquishers in most rooms. 12. Installed grab bars in the Side B bathroom. 13. Re-enforced the pull down stairs. 14. Put twice the number of supports as required by code under the closet shelves. 15. Put exhaust fans in the attic. 16. Put FIVE lights in each attic. 17. Put two FIVE light sets of lights in the crawl space. 18. Put locks on all the storage doors. 19. Re-inforced the cracking foundation. 19. Has trimmed the dead limbs off of trees. 20. Is constantly sweeping the driveway steps.
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55. How come my copy of the Lease Agreement looks different from the other Tenant(s)'s copy?
a. Because it may indeed be different.
b. Different office software - word processing - (or any similar software for that matter) handles the same information differently. 4RentSaint tries to use free open source software (Open Office) whenever possible to reduce costs (and hence rent) and most office software is often not exactly compatible with other office software such as Microsoft Office. For example, Open Office can not handle Microsoft Office's margin border art. Open Office has other attributes that Microsoft Office does not however and is highly recommended.
c. Even different versions of the same office software (or any software for that matter) may not be exactly compatible (especially Microsoft Office [planned obsolescence!]{Is one version of software really more useful than a prior version? Sometimes yes, but most times no for the average user. The user is effectively FORCED to upgrade anyway.}).
d. The environment [legal, technical, economic, Mother Nature, etc.] may require 4RentSaint's documents to change.
e. Having printers print multiple copies of a given document often wastes paper and money because the document may not be able to be used in the next contract [especially for small operations like 4RentSaint's].
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a. Duh! How else is 4RentSaint suppose to know where to send the Last Month's Rent and the Security Depost? 4RentSaint TRIES to live up to its motto.
b. The law requires it! If the Tenant(s) does NOT provide a forwarding address (And believe it or not, some Tenant(s) do not, which is why 4RentSaint requires email addresses.), the law requires 4RentSaint to send a Certified Letter (for which 4RentSaint charges the Tenant(s) a fee) to the old address (the property the Tenant(s) just vacated) with a letter and calculation of the funds to be returned (but no actual funds). The funds are not to be sent by law until a forwarding address is provided by the former Tenant(s)! 4RentSaint actually got into trouble when 4RentSaint sent the refund immediately!
c. 4RentSaint does not know how much funds to return until after the CheckInOut process has been done and that usually is not done until the Tenant(s) has completely moved out.
d. 4RentSaint actually spent a month trying to track down a Tenant(s) to give the Tenant(s)'s money back. 4RentSaint wants to be honest, but would rather NOT spend a lot of time trying to hunt someone down.
e. At the very least the Tenant(s) should put a forwarding address in with the U. S. Postal Service.
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a. To protect both parties!
b. Determining the exact amount of the funds to be returned can not be done immediately without some calculation.
c. If any difference can not be resolved immediately, or if any differences arise after the fact. Sometimes a later inspection may point out something that was not seen before.
d. Prior charges to the Security Deposit have to be prorated from the time of the occurence to return the proper interest.
e. 4RentSaint, as a matter of courtesy, TRIES to get the Security Deposit to the Tenant(s) as soon possible, but the transition from one Tenant(s) to another Tenant(s) can get pretty hectic. The law actually allows 45 days, but even when one Tenant(s) had a dispute, 4RentSaint was able to get the Security Deposit to the Tenant(s) in two weeks.
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58. Why does 4RentSaint even have a CheckInOut process?
a. To protect both parties!
b. The CheckInOut Form provides a hard copy of the actual state of the property as determined by both parties when moving in and when moving out.
c. To provide a common baseline for determining how much damage or loss has been done by the Tenant(s) and, thus, how much funds to return to the outgoing Tenant(s). [4RentSaint must say that exept for one, all the Tenant(s) have left the property in pretty good shape. Thank you very much former Tenant(s)!!!!]
d. To resolve any differences between 4RentSaint and the Tenant(s) BEFORE moving in or moving out so that both parties feel equally treated by the other party.
e. No one, 4RentSaint nor Tenant(s), can remember the original state of the property at the time the Tenant(s) occupies the property after a certain amount of time. The CheckInOut Form provides an agreed proof of the condition of the property at the time that the Tenant(s) moved in.
f. If for some reason, the property is sold to another owner, the Tenant(s) and buyer both know the condition of the property when the Tenant(s) first occupied the property.
g. The law requires it.
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59. How does the CheckInOut process work?
a. The CheckInOut Form has a list of all the aspects of the rental - property and materials (Rental Utility Kit, filters, etc.) - and two sets of spaces for each item. One for moving in and one for moving out.
b. The lined spaces are for the parties to write down the condition of the items being examined.
c. When moving in, the Tenant(s) goes through the CheckInOut first. Then 4RentSaint goes through the CheckInOut comparing what 4RentSaint sees with what the Tenant(s) has written.
d. Any differences in what the Tenant(s) writes and what 4RentSaint writes is resolved by both parties. (Usually 4RentSaint does not see any differences, but sometimes the Tenant(s) does find something that 4RentSaint does not know about and vice versa.)
e. Both parties sign the CheckInOut Form in the spaces for check in signatures.
f. Copies of the CheckInOut Form are made for ALL parties.
g. When the Tenant(s) decides to move out, the CheckInOut process is repeated in reverse.
h. 4RentSaint and the Tenant(s) compare their copies of the initial CheckInOut form to insure that both are the same.
i. 4RentSaint takes one copy and goes through the rental to write down the condition of the items being examined.
j. Then, the Tenant(s) follows behind 4RentSaint to verify what 4RentSaint has written.
k. Any differences in what the Tenant(s) writes and what 4RentSaint writes is resolved by both parties.
l. Both parties sign the CheckInOut Form in the spaces for check in signatures.
m. Copies of the CheckInOut Form are made for ALL parties.
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60. Why does 4RentSaint limit the number of unrelated Tenant(s) to only four?
a. City building code requires a certain amount of space for each individual so 4RentSaint limits the number of Tenant(s).
b. The plumbing system is not designed to handle more than four people.
c. The more Tenant(s) the greater the probability of damage occurring.
4RentSaint may begin to adjust the rent depending upon the number of Tenant(s) to cover this risk, but will still limit the number of Tenant(s) to four.
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61. Can a Tenant(s) pay by electronic transfer?
a. If the financial institution that the Tenant(s) does business with can meet all the Lease Agreement requirements, 4RentSaint has no problem with electronic transfer.
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62. Why does 4RentSaint send the the Tenant(s) so many emails?
a. It is called "communication". All organizations have to communicate (to their customers, to their contractors, to their governments, to their partners, to their employees) to run their organizations. Real estate is a business. Why would a Tenant(s) think that 4RentSaint would not have to communicate with the Tenant(s) on a constant basis?
b. Half the emails are because the Tenant(s) does not do as the Lease Agreement states. Reading and complying with the Lease Agreement would cut down on a lot of the need to communicate with the Tenant(s) at all. If the Tenant(s) wants privacy, then read the Lease Agreement.
c. 4RentSaint is constantly doing things to the property or within the organization that might concern the Tenant(s) or affect the Tenant(s) in some way. As a matter of courtesy, 4RentSaint tries to keep the Tenant(s) informed.
d. 4RentSaint has heard that some people do not like to read. Well, tough cookies. How does one expect to get through life without reading? All legal documents are written for good reason. Because hard copy is the only way to insure that everyone (not just the signatories) knows what was agreed to. The Lease Agreement clearly states that email is to be used for mundane communication for both lega, cost (to save both the Tenant(s) and 4RentSaint money on mundane matters), and documentation purposes (within the parameters of the law, technically Certified Letters are required by law but 4RentSaint reserves those for severe communication purposes and are sent only when absolutely necessary). How can disputes be resolved if there is no baseline from which to start? Prior emails have explained this in detail. The only people who oppose using email are those who are too ignorant to use it, want to get away with something illegal, and/or who want to plead "plausible denial". All organizations must communicate in order to do business. Rental property is no different.
e. If one goes to a party, a conference, a meeting that lasts any time at all, and, if every time that one spoke it represented an email, how many emails would one have sent in a few hours or days? Quite a few surely. 4RentSaint's emails cover MONTHS! Not hours. Unfortunately, this example is not the best because for some people there would be only ONE email, but it would be infinitely long because some people NEVER shut up!
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63. Why doesn't 4RentSaint just call the Tenant(s)?
a. For the same reasons 4RentSaint uses email and does not talk to the Tenant(s) in the first place. See 22. above.
b. Phone tag.
c. So one Tenant(s) alone will not get the information given without telling the other Tenant(s). Remember each Tenant(s) has the right to equal access to any information transmitted by 4RentSaint. See 2. and 3. above.
d. Documentation. For some odd reason, some Tenant(s) seem to think that 4RentSaint is harrassing them if 4RentSaint sends them a lot of emails. Telephone calls and personal contact causes more disruption to the Tenant(s) lives than email does.
e. 4RentSaint does not want to accidentally transmit information that has not been agreed to by ALL Owner(s). See 49. above.
f. 4RentSaint does not need a cell phone for any other reason and the cost is not worth the use 4RentSaint might have for the rental.
g. Some phone lines and/or communications devices (cell phones, cordless telephone systems, speakers, even regular phones) do not transmit voice very good. Background noise may interfere with hearing and understanding of what was said. Some people simply do not speak loud enough to clearly communicate.
h. For the same reason, 4RentSaint has a web site, to reduce 4RentSaint's work load.
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64. Does the late fee start on the first of the month or three days before?
a. Three days before.
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65. Does the eviction process start on the first of the month or three days before?
a. The first of the month.
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66. What is the Rental Utility Kit?
a. A grocery bag with the following items:
aa. A black one inch three ring binder with the following:
1. StClairDuplex Table of Contents of binder.
2. StClairDuplex List of Rental Utility Kit contents.
3. Fire Prevention Cooking Guide
4. Emergency Utility Procedures
5. Stove Cleaning Guide
6. StClairDuplexBKenmoreLaundryCenterOwnersGuideL0512114 14 pages
7. StClairDuplexBKenmoreElectricRangeUseCareGuideL0310297 26 pages
8. StClairDuplexBWhirlplWModelDU950PWKQ1UseCareGuide3381196 20 pages
9. StClairDuplexBWhirlplTopMntRefrigeratorUseCareGuide2302037 11 pages
10. StClairDuplexBAprilaireOwnersManualdt_8538 16 pages
bb. Furniture Carpet Coasters (to be placed under all furniture to keep from scratching the floors)
cc. Roll of fishing line 1 roll (to be used for hanging pictures gallery style)
dd. Boxes of hanging clips boxes (to be used for hanging pictures gallery style)
ee. Dryer Filter Vent Cleaning Brush
gg. A bottle of ceramic top stove cleaner.
b. 4RentSaint sends Tenant(s) PDF files of all appliance instructions to reduce everyone's costs, but some Tenant(s) still prefer hardcopy.
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67. Is it true that 4RentSaint does not cash/deposit any rent payment until the first of the month and why?
a. The Tenant(s) can give 4RentSaint the rent payment as far in advance as the Tenant(s) wants and 4RentSaint will not cash/deposit the rent payment until the first of the designated month.
b. Reward. Such a policy does not punish the Tenant(s) for delivering the rent payment early, and thus helps prevent late delivery of the payment.
c. No excuses. The Tenant(s) can not argue that the check is in the mail. The deadline is the delivery time not the sent time.
d. Security. If the Tenant(s) has to go out of town right before the first or has to travel pass the deadline, the Tenant(s) can rest assured that 4RentSaint has the payment in hand. This policy is especially helpful for Tenant(s) who travel extensively, but still want to maintain residence in the US.
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68. Does 4RentSaint own any other rentals?
a. 4RentSaint does not even want to own THIS rental. Rental property provides almost no profit and older property constantly needs work.
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69. Why does 4RentSaint require vehicle information?
a. So 4RentSaint will know which vehicle is the Tenant(s)'s and which are trespassers or visitors and thus which vehicle to tow.
b. To insure that the Tenant(s) has no more than two vehicles on the property.
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70. Why does the Tenant(s) have to pay utilities?
a. People who do not have to pay for something usually waste it and that costs 4RentSaint money and 4RentSaint passes any costs on to tenants.
b. When Tenant(s) pay for the utilities other Tenant(s) do not support other Tenant(s)'s wastefulness. Would ANY Tenant(s) want to pay for another Tenant(s)'s expenses? Of course not!
c. People have different preferences in environmental conditions. Some like it hot. Some like it cool. Some like to take long baths. Some like to take showers. Some are rarely home and thus do not use the facilities very often. Some are home a lot of the time and hence use the facilities a lot. Some people have the money to waste the facilities. Some do not. Dr. Zeus used to live here. 4RentSaint is a firm believer that people should bear the cost of the resources that they use. It is free enterprise and equitable for everyone.
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71. Why doesn't 4RentSaint give 24 hour notice before coming on to the exterior of the property?
a. Doing so simply is not practical. Half the time, 4RentSaint does not know when 4RentSaint will get a moment to come over to the rental to do some work. Older property requires almost constant maintenance and refurbishment, but 4RentSaint needs to have the property rented out to pay for the work. Often materials alone cost one or even two months' rent for a month's work and 4RentSaint has the credit card statements to prove it.
b. Tenant(s) should encourage 4RentSaint to maintain the property not discourage 4RentSaint.
c. Because of Mother Nature, the exterior of the property usually requires more work than the interior and usually on a constant basis.
d. If 4RentSaint has to do some work around or near the windows, 4RentSaint will knock on the door and let the Tenant(s) know. Because the bathtub-shower has a window, the Lease Agreement actually requires that the Tenant(s) have a shower curtain over the window.
e. In most organizational buildings, there are public areas {like the street at the front of the property}, visitor areas {determined by either/or both 4RentSaint and the Tenant(s) either/or both the particular Side external area and internal area}, employee areas {Tenant(s)}, and security areas [mental - need to know and physical - need to be] {determined by both 4RentSaint and the Tenant(s)}. Sometimes contractors can go where even employees can not go.
d. 4RentSaint has been working on the property for 7 years and will continue to be almost EVERY single day (TOLD you old houses are a nightmare)! To have to notify the Tenant(s) every single day that 4RentSaint works on the property would simply be impractical as 4RentSaint would use more time on the notification than working on the property. EVERY Tenant(s) that has rented the property has KNOWN that 4RentSaint is working on the property almost continuously and is a pre-existing condition of the Lease Agreement.
e. In an apartment or condominium (where people ACTUALLY own the apartment) complex, can the tenants or apartment owners keep the apartment or condominium employees from walking down the hall? Do not think so.
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72. Are pets allowed?
a. No pets unless specifically allowed. Acceptance depends upon the Tenant(s)'s confidence in the behavior of the Tenant(s)’s pet. The Tenant(s) will bear the consequences of any action that the pet may take. [Is the pet the well behaved? Is the pet well trained? Does it obey the Tenant(s)'s commands? Does the pet chew on furniture or other things? Does the pet attack other people? How much does the pet vocalize such that it might disturb other Tenants or neighbors (actually both neighbors have dogs also)? Does the pet know not to go to the bathroom inside the house? Does the Tenant(s) walk the pet regularly? Does the Tenant(s) keep the pet in a cage when the Tenant(s) is not there? (One Tenant had a friend who came down from Washington on the weekends with a BIG dog, but she also had a BIG indoor cage in which to keep him when she was not there.) Before 4RentSaint had a lease agreement, the Tenant who lived there for 20 years bought a big Great Dane without telling 4RentSaint. However, he was basically a big lovable puppy and never caused a problem and so 4RentSaint said nothing. Unfortunately, she then ALSO bought a small dog that barked a lot and was a real hyper handful. 4RentSaint still did not say anything, but 4RentSaint was beginning to be a little concerned. The PhD Tenant had a kitten. Personally, 4RentSaint loves dogs, but 4RentSaint has found out from a rental point of view that they can cost a lot of money damage wise.]
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73. 4RentSaint has only had two black people in the apartments. Is 4RentSaint biased against black people?
a. At the top of the Lease Agreement it says
"The Property will be shown and made available to all persons without regard to race, color, creed, religion, national origin, sex, familial status, handicap or elderliness in compliance with all applicable federal and state and local fair housing laws and regulations."
By law as everyone knows 4RentSaint can not discriminate against people because of certain attributes. Nor does 4RentSaint care. The only color that 4RentSaint is concerned with is GREEN - the color of money. (Too bad 4RentSaint does not make any money on the property.) Education IS a preference however as stated at the beginning of the FAQ.
b. 4RentSaint has 1. Played football and showered with black athletes. 2. Had black male, Chinese male, Indian male, Jewish male professors. 3. Had black female, Vietnamese female, Caucasian female, Puerto Rican male, Jewish male, Latino male bosses 4. Has shared a room with an Iranian for two years, an apartment with an Indonesian for a year, and a house with a potential gay person for six months (he asked 4RentSaint to leave because 4RentSaint did not have time to socialize with him).
c. In a 12Th grade government class, 4RentSaint was quoted this anecdote: "They came for the gays and I said nothing. They came for the blacks and I said nothing. They came for the Jews, and I said nothing. They came for the spics and I said nothing. They came for the mics and I said nothing. They came for the pollocks and I said nothing. They came for me and there was no one left to say anything." ~ unknown. That pretty much sums up 4RentSaint's outlook, but act like an idiot and the Tenant(s) will get evicted really fast.
d. Discrimination in and of itself is NOT wrong. People discriminate ALL the time when making business decisions like shopping. Basically, discrimination SHOULD be illegal, based simply on logic and equity (which is what ALL laws SHOULD be based on), for those situations where individuals do not have any control over their characteristics or situation like genetic traits or being born.
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74. 4RentSaint has not had many children in the apartment. Is 4RentSaint biased against children?
a. See 73. a. above.
b. Like dogs, 4RentSaint LIKES kids (up to a point!). [Kids are extremely funny, but can drive one nuts. Studies actually show that the greatest cause of stress in people's lives ARE kids. 4RentSaint believes it.] Realize though that the parent IS responsible for any damage that a child might do. One woman visited with two boys and the boys immediately started pulling branches off of the trees in front. If 4RentSaint has to decide between a single applicant and an applicant with a child, then 4RentSaint might choose the single person, but it has nothing to do with the fact that the kid is a kid, but it does have to do with the fact that the kid is another person and the probability of damage is greater with two tenants than just one. If the decision is between two adults and one adult and one kid, the adult and kid would probably win out because two adults (depending upon the adults) may be more likely to cause trouble than one adult and one kid. Purely mathematical!!!!!
c. Although 4RentSaint has no statistics, the probability is probably high that there are more single people renting than families renting and thus most applicants would probably be single people.
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75. Can payments be sent via snail mail?
a. The Tenant(s) can send the payment any way that the Tenant(s) desires just as long as the payment reaches 4RentSaint by the deadline. Remember that 4RentSaint will not deposit the payment until the first of the month so the Tenant(s) COULD send the payment as early as the Tenant(s) wanted without being penalized for doing so. This approach can be quite useful for Tenant(s) who may have to travel extensively or who might have to leave town suddenly.
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76. Why don't you offer incentives like other rental property management?
a. 4RentSaint constantly peruses the rent on other properties and deliberately keeps 4RentSaint's properties' rents low consistently such that 4RentSaint should not have to offer incentives. 4RentSaint's rents are already some of the lowest in the area for what is offered. If you know of a better value, please tell us, being very specific with proof if possible.
b. 4RentSaint is not going to offer incentives to move in, but to STAY. 4RentSaint prefers long term tenants not puddle jumpers. 4RentSaint offers a $10.00 reduction in rent for every 5 years that a Tenant stays (for initial rents of $650.00/month only).
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77. Why does 4RentSaint video tape the premises during the CheckInOut process?
a. For exactly that reason. Video taping is a part of the CheckInOut process to image record the condition of the premises. It provides an almost exact record of the condition of the premises that a written CheckInOut hardcopy can not provide.
b. Theoretically, 4RentSaint will provide a copy for the Tenant(s) as well, but, in practice, sending it to the Tenant(s) seem like a low priority item unfortunately.
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78. If 4RentSaint video tapes the premises, why even bother doing the CheckInOut hard copy?
a. Image files including CD's degrade in 15 years while hard copy can last for thousands of years depending upon the quality of the paper.
b. Even the best quality video can not catch every thing. The human eye is pretty good.
c. Plus the cameraman may not video tape every nook and cranny.
d. The hard copy process also makes both parties better aware of the actual condition of the premises than someone else video taping the premises. Human beings interpret things differently and the differences need to be resolved BEFORE the Tenant(s) moves in NOT after.
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79. Why does 4RentSaint require the Tenant(s) to be in the video?
a. Obviously so that the video can be associated with the Tenant(s).
b. The video is for record purposes not marketing purposes. Why would 4RentSaint want a Tenant(s) in a marketing video? The emphasis in a marketing video is on "selling" the rental not a Tenant(s). Indeed, depending upon the Tenant(s), 4RentSaint might not WANT a Tenant(s) in a marketing video. No offense intended.
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80. Why does 4RentSaint hold up a newspaper during the video process?
a. The newspaper has a date on it. Even if the date is not recorded well in the video, the newspaper images and headings provide an "at least" date of the video.
b. The electronic time and date stamp of the camera can be changed. 4RentSaint likes technological advances as much as anyone, but hard copy is REALLY hard to beat in random access, perusal access, security, durability, portability, resource usage [IF one considers all of the resources that are used to build the infrastructure that is required to support cell phones, computers, etc much less all of the resources used to build the devices themselves, maybe hard copy is not all that wasteful. At least trees can be regenerated.]
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81. Why would 4RentSaint think that 4RentSaint could get away with using the Tenant(s)'s utilities?
a. Duh! How else is 4RentSaint or a contractor suppose to get work done? That is why the Lease Agreement requires Tenant(s) to allow 4RentSaint (and by extension contractors) to use the Tenant(s)'s utilities, basically water and electricity for work purposes, but would ANYONE really expect someone to work all day without having access to plumbing facilities? Most workers need water to mix before and clean up after painting or plastering. Most workers need electricity to power their tools (from personal experience 4RentSaint knows that most battery powered tools simply do not have the power to do most jobs [in spite of what one might see on the DIY shows)] and, like oil, most lithium deposits are in other countries. Besides, the batteries also have to be charged and eventually wasted-recycled. Contractors COULD use a gas generator to power their electric tools and air compressions tools, but these also generate a lot of noise. Gas powered tools simply are not reliable enough to allow last minute work and take too much time and money to bring online and to maintain. 4RentSaint spends half 4RentSaint's time just maintaining the TOOLS, time which could be spent maintaining the property which means that 4RentSaint will be there less. Gas powered lawn mowers are also quite noisy. Thus, 4RentSaint prefers electric cord tools for their power and relative silence whenever possible. 4RentSaint even bought an electric chain saw and it worked great. The new propane tank powered lawn mowers seem like a good idea though. It is basically a trade off between noise and electric use.
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82. Doesn't all this working disturb the Tenant(s) "peaceable enjoyment" of the property?
a. Unfortunately, work noise probably DOES bother most Tenant(s)'s, but the law and Mother Nature-Tenant Nature REQUIRES the work to be done.
b. The whole world knows that 4RentSaint has been working on the property almost every day for 7 years and the Tenant(s) knows this when the Tenant(s) moves in. The only way the work will get done is if 4RentSaint works almost every day. At least 20 need to do items and 7 wish to do items remain and that does not include all the interior work that needs to be done on Side A.
c. Yes, sometimes 4RentSaint has to bang, saw, cut, hammer, etc, but there is no way around these noises. Even working on the property all the time the noise is usually sporadic even when doing the same thing. Just to keep spirits up, 4RentSaint occasionally also listens to the radio while working and unfortunately, wearable radios and disc players simply do not cut it when one has to move, bend, squeeze, stretch, crouch, jump, hang constantly. Usually any sound generated does not violate the law although because of the tool noise, the sound may have to be a bit loud to be heard. Just ask if you feel it is too loud and 4RentSaint will try to accommodate you if possible.
d. If someone had to stop working, simply because the noise was too loud, the world would come to a complete stop because some people would demand absolute silence and obviously that simply is not practical. Thus, the law actually protects construction and traffic noise.
e. To the best of 4RentSaint's memory, 4RentSaint has never worked on the property before 6:00 AM nor pass 10:00 PM (although 4RentSaint has been at Lowes at 10:00 PM) and usually quits at 9:00 PM simply because 4RentSaint would like a life. 4RentSaint HAS done duplex property PAPER work till 3:00 AM occasionally however in 4RentSaint's office. Again, most people do not even begin to comprehend how much work is involved in property management even one property. See CODE OF ORDINANCES CHARLOTTESVILLE VA Chapter 16 NOISE CONTROL .
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83. Why doesn't 4RentSaint just send a regular letter instead of a hard copy of an email?
a. The email hard copy has a email web service date and time which 4RentSaint can not change and uses to verify WHEN the letter was sent. Using both email and snail mail increases the validity of the deliverance of the letter.
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84. Where is the drop box located?
a. One, BOX I, is located on the back door railing of one of the Owner's home. (The address will be provided upon signing of the Lease Agreement.) THIS drop box is the LEASE AGREEMENT mandated deadline of 12:01 AM.
b. The second, BOX II, is tied to the Side B fence at the top of the driveway stairs and is ONLY for BOTH Tenant(s)'s convenience. HOWEVER, THIS drop box has a deadline requirement of 5:01 PM TWO DAYS BEFORE the first of the month and is merely provided for the convenience of the Tenant(s). One second pass 5:00 PM even if the Owner(s) do not pick up the payment is the same as being late at the Lease Agreement drop box. NO contractual agreement is made in regard to this drop box. The Tenant(s) leaves the payment at the Tenant(s)'s risk NOT the Owner(s)'s.
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85. Which drop box is the Tenant(s) suppose to use?
a. EITHER drop box MAY be used, but BOX II is at the Tenant(s) risk!
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86. The property is a duplex. Whose utilities does 4RentSaint use when 4RentSaint is working on the property?
a. It depends upon several factors including who pays the least rent. Is the work inside or outside? Where is the work located on the outside? Would using one Tenant(s)'s utilities interfere with the Tenant(s) at a particular time? etc. Basically, the utilities of whoever pays the least rent will be used if possible. If working inside of one apartment or working on the exterior on work that is specifically associated with one apartment, then the utilities of that apartment will be used if possible. If working on the exterior on common property then the utilities of whoever pays the least rent will be used except where the cord length is too short for where the common property is located , etc. 4RentSaint reserves the right to use ANY Tenant(s)'s utilities for ANY purpose because unknown circumstances which no one can predict may dictate such usage.
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87. Isn't 4RentSaint trying to kick us out because 4RentSaint does not like us?
a. 4RentSaint does not care if 4RentSaint likes the Tenant(s) or not. As long as the Tenant(s) does what the Lease Agreement states then the Tenant(s) can stay as long as the Tenant(s) wishes. Renting is business not personal.
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88. Why does 4RentSaint put up such a big rental sign?
a. People can NEVER find the place. Thus, this web site, the small direction signs, and the huge sign.
b. Two applicants said that if the big sign had not been up, they would have driven right passed the property.
c. One applicant, standing in the driveway staring right at the mailbox posts with the house numbers on them, said, "There is no such place as 1144 St Clair Avenue!" Hot and Cold, Marco Polo, "If it had been a snake it would have bit you!"
d. One applicant said, when walking BACK between the mailbox posts with the house numbers on them, "You know, it would really help finding the place if you had some house numbers up."
e. The big sign has a lot of marketing documents which a potential applicant can and SHOULD read before going to the web site or not have to absolutely go to the web site.
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89. Isn't 4RentSaint suppose to use Certified Snail Mail and/or Certified EMail to communicate with the Tenant(s)?
a. Technically, yes, but See FAQ 24 above.
b. See FAQ 62.
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90. Why does 4RentSaint hand deliver messages to the duplex instead of using email and or snail mail?
a. The biggest reason is speed! 4RentSaint wants the Tenant(s) to get any communication as soon as possible. Snail mail can take several days depending upon when 4RentSaint sends the letter and that make be longer than the required time frame by law. Basically, with snail mail, the letter literally may not arrive at the duplex in time. Certified Mail may take even longer although refusing to accept and to read ANY communication does not negate the fact that the communication has been delivered in the eyes of the law.
b. Certainty. By delivering the communication hard copy 4RentSaint's self, 4RentSaint KNOWS that the communication has been delivered even if the Tenant(s) does not read it or says that it has not been delivered or received. When the hard copy is sticking in the door, the Tenant(s) acknowledges receipt just by opening the door. In rare cases, snail mail may not arrive at all. 4RentSaint has had two credit card statements not arrive in the last year and that caused a lot of headaches.
c. Sometimes the Tenant(s), like a lot of people, may not check the Tenant(s)'s email every day.
d. Sometimes 4RentSaint gets sick of working on the property and does not want to go over to the property. By hand delivering the communications, 4RentSaint is forced to go over to the property and sees things that need to be done and is effectively motivated to do the work.
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91. Why do you have a web site?
a. So that potential applicants can get ALL the information pertaining to the rental property. If there is any information which is not on the web site which the applicant would like to know, THEN the potential applicant can email 4RentSaint with questions.
b. So that potential applicants can get information pertaining to the rental property without revealing their legally protected backgrounds and without feeling that they are being discriminated against.
c. So that potential applicants can get information pertaining to the rental property without letting their current landlords or anyone else know that they are looking for other accommodations.
d. So that ALL potential applicants get the SAME information pertaining to the rental property. When communicating the information verbally, via phone, or email, 4RentSaint may not include all the information that all applicants should get. Although with email, RentSaint can provide the CURRENT information on the web site.
e. So that the latest information about the rental property can be collected in one spot (which makes it easier to manage and distribute) and be the most up to date information available to potential applicants.
f. To save both the applicant and 4RentSaint a LOT of time.
g. To save money on flyers, handouts, on telephone conversations that lead to no where, and showing the property.
h. Potential applicants can get a preliminary "look" at the property at any time without having to visit or locate the property (people have a terrible time finding the property) (which is one reason the property is desirable).
i. See 22., 63.
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92. Why does 4RentSaint not return phone calls or have a phone number on the website?
a. Pretty much for the same reasons that 4RentSaint has a web site.
b. With phone calls it is sometimes possible to tell the cultural background of the caller and 4RentSaint does not want to be accused of discriminating against anyone.
c. Most phone callers simply waste a lot of time when they have not visited the web site.
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93. Why does 4RentSaint want potential applicants to read the web site first?
a. Pretty much for the same reasons that 4RentSaint has a web site.
b. See 22., 63., 90., 91., and 92. above.
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94. Why does 4RentSaint want it "before" as opposed to "on" a given date on the time frame?
a. Would a movie theater let you pay for a movie AFTER you have watched it? Would a grocery store let you pay for groceries AFTER you have taken the groceries out of the store? Would Sears let you pay for a stove AFTER you take it home? Yes if you are willing to pay interest (a late fee) on a loan, but otherwise demand at least a credit card payment immediately. Do not pay your credit card and see what happens? LATE FEE!!! Why would anyone think that they could live in the rental property EVEN one second without having paid the rent?
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95. 4RentSaint does not have a cell phone?
a. No. 4RentSaint tries to keep its costs down so it can keep its rent down and 4RentSaint can not justify the expense of a cell phone for so few calls when a Tenant(s) is renting the property. 4RentSaint can not find a cell phone that meets 4RentSaint's requirements anyway.
96. Why does 4RentSaint charge $650.00/month?
a. Based upon market research of local ads, $650.00/month is considered a low enough figure to keep the duplex rented out on a continuous basis, yet not attract every Tom, Dick, and Harry. Indeed, the rent is so low for a 2 bedroom in Charlottesville proper that 4RentSaint could keep it rented continuously if that was 4RentSaint's only goal. However, 4RentSaint also wants responsible tenants who know their responsibilities as tenants and do not think that they can do anything that they want with the property. If 4RentSaint goes any lower, irresponsible individuals flood the property. 4RentSaint prefers professionals, but are also seeking individuals who will stay for a long time. Rarely, does 4RentSaint find ANOTHER 2 bedroom with such a low rent.
97. Why does 4RentSaint require a Security Deposit?
a. To cover damages and lack of payment by a tenant.
b. Unfortunately, tenants are really creative in trying to get out of paying their Lease Agreement liabilities. 4RentSaint wrote the Lease Agreement pretty comprehensive, but even 4RentSaint can not think of everything. Whenever a tenant shafts 4RentSaint, 4RentSaint rewrites the Lease Agreement to prevent the shafting from happening again.
98. Why doen't 4RentSaint just buy insurance to cover damages?
a. 4RentSaint DOES buy property insurance, but that is mainly to cover non-tenant related damages like storms, lightning, cars run amok, trees falling, electrical faults, gas leaks, earthquakes, etc.
b. ACCOUNTABILITY!!!! People who make mistakes or intentionally damage the property or not pay their obligations SHOULD suffer the consequences of their actions - one of the basic tenets of a civil society. Why should 4RentSaint or any other tenant have to pay for another tenant's actions either at the property or any other place in society?
99. Doesn't Renter's Insurance cover damages by tenants? Why doesn't 4RentSaint buy some of that insurance?
a. Renter's Insurance is insurance purchased BY THE TENANT to insure against theft, fire, rain, plumbing, etc damage of THEIR personal belongings NOT damages to the property caused by the tenant. Renter's Insurance is an expense that the tenant must decide to purchase or not. In general, 4RentSaint (all owners) are not responsible for what happens to the tenant's possessions.
100. What is Renter's Insurance?
a. http://www.insure.com/articles/homeinsurance/renters.html
The basics of renters insurance:
When disaster strikes, it doesn’t differentiate between rented buildings and owned homes. Renters face the same risk as homeowners from outside forces. Your landlord or condo association may have insurance, but it only protects the building structure, not the personal items inside. Renters insurance can protect your belongings in case of disaster.
What standard policies cover
There are several types of residential insurance policies. The HO-4 policy is designed for renters, while the HO-6 policy is for condo owners. Both HO-4 and HO-6 cover losses to your personal property from 16 types of perils:
Fire or lightning
Windstorm or hail
Explosion
Riot or civil commotion
Damage caused by aircraft
Damage caused by vehicles
Smoke
Vandalism or malicious mischief
Theft
Volcanic eruption
Falling objects
Weight of ice, snow, or sleet
Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning, or automatic fire-protective sprinkler system, or from a household appliance
Sudden and accidental tearing apart, cracking, burning, or bulging of a steam or hot water heating system, an air conditioning or automatic fire-protective system
Freezing of a plumbing, heating, air conditioning or automatic, fire-protective sprinkler system, or of a household appliance
Sudden and accidental damage from artificially generated electrical current (does not include loss to a tube, transistor or similar electronic component)
Floods and earthquakes aren't on the list. If you live in an area prone to either, you'll need to buy a separate policy or a rider. In some coastal regions, where hurricanes might pose a threat, you might also need to buy a separate rider to cover wind damage.
Actual cash value vs. replacement cost
Always tell your agent about the valuable items you own.
One thing to consider is whether the insurance company will offer "actual cash value" (ACV) or "replacement cost coverage" for your belongings. As the name implies, ACV coverage will pay only for what your property was worth at the time it was damaged or stolen. So, if you bought a television five years ago for $500, it would be worth significantly less today. While you'd still need to spend about $500 for a new TV, your insurance company will pay only for what the old one is worth, minus your deductible.
Replacement cost coverage, on the other hand, will pay what it actually costs to replace the items you lost (minus the deductible). In some regions, most insurers write ACV coverage. In others, they'll quote you replacement cost coverage by default. Replacement cost coverage will cost you more in premiums, but it will also pay out more if you ever need to file a claim. Let your agent know about any particularly valuable items you have. Jewelry, antiques and electronics might be covered only up to an amount that won't pay for their replacement.
If you have some items that are unusually expensive, such as a diamond ring, you'll probably want to purchase a separate rider. Without riders for expensive items you can't recover the full loss if it's beyond your policy limit.
Take inventory
To ensure you’re compensated for any belongings you lose from a fire, storm or other catastrophe, you should inventory all of your personal belongings. List each item, its value and serial number. Photograph or videotape each room, including closets, open drawers, storage buildings and your garage. Keep receipts for major items in a fireproof place. To make things easier, the Insurance Information Institute has free inventory software that helps you create a room-by-room inventory of your personal possessions. For more information, go to KnowYourStuff.org.
When your home is unlivable
If your apartment or condominium becomes uninhabitable due to a fire, burst pipes or any other reason covered by your policy, your renters insurance will cover your "additional living expenses." Generally, that means paying for you to live somewhere else.
Additional benefits
Liability protection is also standard with most renters and condo policies. This means if someone in your unit slips and falls, you're covered for any costs, up to your liability limit. If this person sues you, you're covered for what they win in a court judgment as well as legal expenses, up to your policy's limit.
Keeping your premium low
Just like any other type of homeowners insurance policy, your renters insurance premium depends on a number of factors: where you live, your deductible, your insurance company and whether you need any additional coverage.
There are ways to reduce your renters or condo owners insurance bill. Increasing your deductible (the amount you pay before your coverage kicks in) is one strategy. Make sure you can afford whatever deductible you choose. If you're thinking about getting a dog, you might want to think twice. Some insurance companies are reluctant to write policies for owners of certain breeds.
Most insurers offer a discount for "protective devices" including smoke and fire detectors, burglar alarms and fire extinguishers.
Some insurers might offer discounts to policyholders who are over age 55 and retired. Others might offer a discount if you buy both an auto and renters policy (called a multiline discount).
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101. How does one get the utilities started?
For gas go to
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If you have had service with the City of Charlottesville more than two years ago, you must pay a deposit or provide us with a letter of credit from another utility company. The letter must be from a company where you had service for at least one year in the past two years.
The deposits for residential gas heating customers are $250.00 and $75.00 for non-heating. The deposit for residential water customers is $75.00. There is a $30.00 service charge.
If you have previously had service with us within the last 2 years for at least a year and have good credit, we do not require a deposit. There is still the $30.00 service charge.
For sewer and water go to
http://www.charlottesville.org/index.aspx?page=685
https://www.charlottesville.org/index.aspx?recordid=139&page=454
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102. 4RentSaint does not care if an applicant has a criminal record?
In the US, once a person has paid his debt to society for any wrong doing, the person should be treated no differently than anyone else. Indeed, doing so makes the perpertrator even more guilty than the original criminal. Discriminating against former criminals is a. Vigilantism b. Lack of due process c. Double jeopardy. Not only is it wrong to discriminate against a former criminal, it is illegal. 50% of the death row inmates in Illinois have been exonerated. 70% of college level male athletes have a violent criminal history after age 18.
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103. Why so many smoke alarms?
Redundancy. Backup. What? You do not want to be safe? The smoke alarms are battery powered. Batteries run down. Having multiple smoke alarms increase the probability that at least one smoke alarm is working all the time. It is the Tenant(s)'s responsibility to replace the batteries to insure continuouse operation.
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Applicant Rental Procedure
Ad Methodology
1. Applicants read ad.
2. ALL applicants visit the web site directly and/or send an email requesting information.
3. If, after reading the web site or information email sent by 4RentSaint, the applicants are still interested, the applicants send an email with inquiry information suggested on web site and a request for inspection of property, time and date.
4. 4RentSaint emails ALL applicants regarding agreed upon time and date of inspection.
5. Repeat 4. and 5. as often as necessary to come to a mutually agreed solution.
6. ALL applicants inspect property.
7. If interested, applicants request applications, one for each applicant.
8. ALL applicants fill out their applications COMPLETELY.
9. ALL applicants put their application in the appropriate mail box at duplex with a $10.00 application fee for EACH applicant.
10. ALL applicants email 4RentSaint that the applicant has put their application and fee into the appropriate mail box at duplex, the rental box at 4RentSaint, or has delivered it in another manner.
11. 4RentSaint reviews the applications and email the applicants 4RentSaint's decision.
12. ALL applicants and 4RentSaint establish a move in date.
13. ALL applicants and 4RentSaint establish a CheckInOut inspection, Lease Agreement reading, signing, and paying time, date, and location. The date must allow time for all information to have been provided, all forms to be signed, and payment to have cleared BEFORE actually moving in.
14. All applicants bring all required information and materials (application fees if the applicants have not paid, 1st month, last month, security deposit, copies of ALL drivers licenses, copies of ALL vehicle identification cards, ALL social security numbers) to the established signing time, date, location.
15. All applicants read the Lease Agreement out loud in the presence of 4RentSaint and ALL applicants.
16. All applicants and 4RentSaint exchange information, materials, payment, fill out forms, resolve any differences, and sign the Lease Agreement, CheckInOut List, etc.
19. 4RentSaint makes a copy of the Lease Agreement, CheckInOut ListMoveInMoveOut Checklist, Lease Agreement, and any other forms and place in the appropriate mail box to be picked up by ALL applicants. The key to the apartment is also provided at this time.
20. All applicants move in.
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Sight Seeing Tour Methodology
1. Applicants see poster.
2. All applicants inspect property.
3. ALL applicants send 4RentSaint email to get information or visit web site.
4. 4RentSaint emails ALL applicants information.
5. ALL applicants read information email sent by 4RentSaint.
6. If interested, ALL applicants request applications, one for each applicant.
7. ALL applicants pick up the applications from the appropriate mail box at the apartment.
8. ALL applicants fill out their applications COMPLETELY.
9. ALL applicants put their applications in appropriate mail box at duplex.
10. ALL applicants email 4RentSaint that ALL applicants have put their applications into the appropriate mail box at the apartment.
11. 4RentSaint reviews ALL applications and email ALL applicants 4RentSaint's decision.
12. ALL applicants and 4RentSaint establish a move in date.
13. ALL applicants and 4RentSaint establish MoveInOut inspection, Lease Agreement reading, signing, and paying time, date, and location. The date must allow time for all information to have been provided, all forms to be signed, and payment to have cleared BEFORE actually moving in.
14. All applicants bring all required information and materials (application fee if the applicants have not paid, 1st month, last month, security deposit, copies of ALL drivers licenses, copies of ALL vehicle identification cards, ALL social security numbers) to the established signing time, date, location.
15. ALL applicants and 4RentSaint exchange information, payment, fill out forms, resolve any differences, and sign the Lease Agreement.
16. 4RentSaint makes a copy for each applicant of the MoveInMoveOut Checklist, Lease Agreement, and any other forms and place in the appropriate mail box to be picked up by ALL applicants. The key to the apartment is also provided at this time.
17. ALL applicants move in.
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Vacating Tenant(s) Responsibilities
1. Immediately file a Change of Address Card with the US Postal Service.
2. Make sure that ALL utilities in the Tenant(s)'s name are turned off by the end of the Tenant(s)'s occupancy. The Tenant(s)-ACCOUNT HOLDER MUST close out the utility accounts. The Owner can not do so. The Owner is NOT responsible for the Tenant(s) bills! ANY bills received at the property will be forwarded to the Tenant(s), IF the Owner checks the Tenant(s)'s mail and not the new Tenant(s). The Owner(s) are not responsible for what the new Tenant(s) might do with the old Tenant(s)'s mail. By not canceling the Tenant(s)'s utility accounts, the Tenant(s) risks running up a huge bill.
3. Provide the Owner(s) with a forwarding address. The law requires it. BY LAW, no funds are to be returned until such a forwarding address is provided.
4. Schedule a date and time appointment for the CheckInOut process BEFORE the Tenant(s) has vacated the property. The law requires that the Owner(s) provide a CheckInOut process. Failure to go through the CheckInOut process places the Tenant(s) at risk. ALL CheckInOut processes MUST be completed BEFORE the end of the tenancy! The keys must be returned and all person property must be out of the premises in order to have successfully and legally vacated the property. If the Tenant(s) has not completed the CheckInOut process by the end of the Tenant(s)'s last month, the Tenant(s) WILL be charged for another month's rent.
5. Make sure that all the Tenant(s)'s belongings are removed from the premises. Otherwise, the belongings will be disposed of as dictated by law.
6. Do not change the Tenant(s) email address as the Owner(s) may have to contact the Tenant(s) in the future.
7. Allow the Owner(s), as required by law, to show the property at scheduled times, usually 1-5 on Saturday's and Sunday's. The Owner(s) also have the right to display a For Rent sign.
8. Be sure to return all keys to the Owner(s).
9. DO NOT get mad and damage the property. Doing so will only cost the Tenant(s) money and delay any refund on the Security Deposit.
10. ALL repairs that need to be done to pass the CheckInOut process MUST be done BEFORE the end of the Tenant(s)'s occupancy. So the Tenant(s) should go through the CheckInOut process in plenty of time to have repairs done before the end of the Tenant(s) term. The CheckInOut process is NOT completed before ALL repairs and retributions have been completed.
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Pictures
(left click once to enlarge picture)
Physical
Side A
Side B
Documentation
(Old copy of Lease Agreement)
Utility Costs
(Coming Soon)
SIDE A:
Gas:
Date Start Date End Start End High Low
10/02/2005 09/02/2010 $16.78 $10.80 $109.41 $10.80
Water:
Date Start Date End Start End High Low
10/02/2005 09/02/2010 $10.78 $12.99 $66.09 $04.98
Sewer:
Date Start Date End Start End High Low
10/02/2005 09/02/2010 $08.95 $12.56 $50.92 $04.49
Have not had time to calculate averages or medians.
Attached images show three pages of Charlottesville Utilities. Scanned at photograph greyscale resolution, but you will need to use a good viewer to really be able to read. Suggest free download GIMP. Well .... image files are too large to upload on my email and probably would not be accepted by your email, so I will just have to put them on the web page and maybe you can download them.
Absolutely no data for Side B as have been working on it for 6 years. Do have printouts showing zero data however.
Hope this helps, but realize different people use different amounts of utilities. Sure you have read the standard disclaimer in many other product offers.
The lower the rent the more selective 4RentSaint will be. Professionals are preferred.
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Virginia Residential Landlord and
Tenant Act
Effective beginning July 1, 2010
TABLE OF CONTENTS
SUBJECT PAGE
I. Introduction ......................................................................................... 1
II. Where To Get Information and Advice............................................. 2
Legal Aid Societies in Virginia........................................................... 4
III. Text of the Landlord and Tenant Act ............................................... 7
Introduction
The Virginia Residential Landlord and Tenant Act (hereafter VRLTA) handbook has
been prepared to provide information on the rights, remedies, and responsibilities of
landlords and renters concerning the rental process. Before signing a lease, prospective
tenants should read and understand the terms of the contract. Consulting a lawyer or the
landlord for clarification of the rental agreement is advisable.
The VRLTA, Sections 55-248.2 through 55-248.40 of the Code of Virginia, was initially
enacted into law in 1974. The VRLTA establishes the rights and obligations of landlords
and tenants in Virginia. The VRLTA supersedes all local, county, and municipal
landlord and tenant ordinances. It also prohibits certain lease clauses.
The VRLTA covers most residential rental agreements. Several types of properties are
exempt from the Act, including single-family rental houses where the landlord owns and
rents ten or fewer such houses. Landlords and tenants not covered by the VRLTA may
be entitled to different protections and certain protections and benefits discussed in this
handbook may not be available.
Title 8.01 of the Code of Virginia contains the civil remedy and procedure provisions for
the duty of landlords and managing agents regarding visible mold.
Apartments: Generally, apartments are covered by the VRLTA regardless of the
number of apartment units the landlord rents (see exemptions to the VRLTA in Section
55-248.5).
Motels/Hotels/Manufactured Homes: Motels and boarding houses are covered by the
VRLTA if the tenant lives in such residence for more than 30 days. Some provisions of
the VRLTA protect tenants in manufactured home parks. These are explained in more
detail in the Manufactured Home Lot Rental Handbook.
Public Housing and Housing Choice Vouchers (Section 8): Landlord-tenant relations
in public housing, Housing Choice Vouchers or Section 8 housing, and other federally
subsidized housing are regulated by the United States Department of Housing and Urban
Development (HUD). The VRLTA applies to such rentals as long as it is consistent with
federal regulations. Tenants in subsidized housing may gain certain rights from the
VRLTA in matters that federal regulations do not cover. For federal regulations, contact
your local housing authority or agency, the HUD Area Office in Richmond (or in
Washington, D.C., if you live in Northern Virginia), or the Virginia Poverty Law Center.
Single Family Housing: The VRLTA applies to single-family dwellings if the owner
owns more than ten dwellings. However, if the owner owns more than four single-family
residences or condominium units located within a city or any county having either the
urban county executive form (Fairfax) or county manager plan of government
(Arlington), the VRLTA applies. Single-family dwellings may be covered under the
VRLTA if there is a clause in the lease that states the VRLTA will apply.
When entering into rental agreements, landlords and tenants may be unaware of
important rights and obligations, such as a landlord’s right to charge an application fee
and the requirements for its return; interest earned on security deposits; and the rights and
responsibilities involved in rental agreements. The VRLTA provides Virginia’s legal
requirements and limitations on these and other rental issues.
Coverage of the Act: The Virginia General Assembly may amend the VRLTA during
any year. This handbook includes all amendments to the VRLTA through those that
became effective July 1, 2010.
Virginia Residential Landlord and
Tenant Act.
Article 1
General Provisions
§ 55-248.2. Short title.
This chapter may be cited as the "Virginia Residential Landlord and Tenant Act."
§ 55-248.3. Purposes of chapter.
The purposes of this chapter are to simplify, clarify, modernize and revise the law
governing the rental of dwelling units and the rights and obligations of landlords and
tenants; to encourage landlords and tenants to maintain and improve the quality of
housing; and to establish a single body of law relating to landlord and tenant relations
throughout the Commonwealth; provided, however, that nothing in this chapter shall
prohibit a county, city or town from establishing a commission, reconciliatory in nature
only, or designating an existing agency, which upon mutual agreement of the parties may
mediate conflicts which may arise out of the application of this chapter, nor shall
anything herein be deemed to prohibit an ordinance designed to effect compliance with
local property maintenance codes. This chapter shall supersede all other local, county, or
municipal ordinances or regulations concerning landlord and tenant relations and the
leasing of residential property.
§ 55-248.3:1. Applicability of chapter.
This chapter shall apply to all rental agreements entered into on or after July 1, 1974,
which are not exempted pursuant to § 55-248.5, and all provisions thereof shall apply to
all jurisdictions in the Commonwealth and may not be waived or otherwise modified, in
whole or in part, by the governing body of any locality, its boards and commissions or
other instrumentalities, or by the courts of the Commonwealth.
§ 55-248.4. Definitions.
When used in this chapter, unless expressly stated otherwise:
"Action" means recoupment, counterclaim, set off, or other civil suit and any other
proceeding in which rights are determined, including without limitation actions for
possession, rent, unlawful detainer, unlawful entry, and distress for rent.
"Application deposit" means any refundable deposit of money, however denominated,
including all money intended to be used as a security deposit under a rental agreement, or
property, which is paid by a tenant to a landlord for the purpose of being considered as a
tenant for a dwelling unit.
"Application fee" means any nonrefundable fee, which is paid by a tenant to a landlord
for the purpose of being considered as a tenant for a dwelling unit. An application fee
shall not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord
to a third party performing background, credit, or other pre-occupancy checks on the
applicant. However, where an application is being made for a dwelling unit which is a
public housing unit or other housing unit subject to regulation by the Department of
Housing and Urban Development, an application fee shall not exceed $32, exclusive of
any actual out-of-pocket expenses paid to a third party by the landlord performing
background, credit, or other pre-occupancy checks on the applicant.
"Assignment" means the transfer by any tenant of all interests created by a rental
agreement.
"Authorized occupant" means a person entitled to occupy a dwelling unit with the
consent of the landlord, but who has not signed the rental agreement and therefore does
not have the rights and obligations as a tenant under the rental agreement.
"Building or housing code" means any law, ordinance or governmental regulation
concerning fitness for habitation, or the construction, maintenance, operation, occupancy,
use or appearance of any structure or that part of a structure that is used as a home,
residence or sleeping place by one person who maintains a household or by two or more
persons who maintain a common household.
“Commencement date of rental agreement” means the date upon which the tenant is
entitled to occupy the dwelling unit as a tenant.
"Dwelling unit" means a structure or part of a structure that is used as a home or
residence by one or more persons who maintain a household, including, but not limited
to, a manufactured home.
“Effective date of rental agreement” means the date upon which the rental agreement is
signed by the landlord and the tenant obligating each party to the terms and conditions of
the rental agreement.
"Facility" means something that is built, constructed, installed or established to perform
some particular function.
"Good faith" means honesty in fact in the conduct of the transaction concerned.
"Guest or invitee" means a person, other than the tenant or person authorized by the
landlord to occupy the premises, who has the permission of the tenant to visit but not to
occupy the premises.
"Interior of the dwelling unit" means the inside of the dwelling unit, consisting of interior
walls, floor, and ceiling, that enclose the dwelling unit as conditioned space from the
outside air.
"Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of
which such dwelling unit is a part. "Landlord" also includes a managing agent of the
premises who fails to disclose the name of such owner, lessor or sublessor. Such
managing agent shall be subject to the provisions of § 16.1-88.03. Landlord shall not,
however, include a community land trust as defined in § 55-221.1.
"Managing agent" means a person authorized by the landlord to act on behalf of the
landlord under an agreement.
“Mold remediation in accordance with professional standards" means mold remediation
of that portion of the dwelling unit or premises affected by mold, or any personal
property of the tenant affected by mold, performed consistent with guidance documents
published by the United States Environmental Protection Agency, the U.S. Department of
Housing and Urban Development, the American Conference of Governmental Industrial
Hygienists (the Bioaerosols Manual), Standard Reference Guides of the Institute of
Inspection, Cleaning and Restoration for Water Damage Restoration and Professional
Mold Remediation, or any protocol for mold remediation prepared by an industrial
hygienist consistent with said guidance documents.
"Natural person," wherever the chapter refers to an owner as a "natural person," includes
co-owners who are natural persons, either as tenants in common, joint tenants, tenants in
partnership, tenants by the entirety, trustees or beneficiaries of a trust, general
partnerships, limited liability partnerships, registered limited liability partnerships or
limited liability companies, or any lawful combination of natural persons permitted by
law.
"Notice" means notice given in writing by either regular mail or hand delivery, with the
sender retaining sufficient proof of having given such notice, which may be either a
United States postal certificate of mailing or a certificate of service confirming such
mailing prepared by the sender. However, a person shall be deemed to have notice of a
fact if he has actual knowledge of it, he has received a verbal notice of it, or from all of
the facts and circumstances known to him at the time in question, he has reason to know
it exists. A person "notifies" or "gives" a notice or notification to another by taking steps
reasonably calculated to inform another person whether or not the other person actually
comes to know of it. If notice is given that is not in writing, the person giving the notice
has the burden of proof to show that the notice was given to the recipient of the notice.
"Organization" means a corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or more persons having a joint
or common interest, or any combination thereof, and any other legal or commercial
entity.
"Owner" means one or more persons, jointly or severally, in whom is vested:
1. All or part of the legal title to the property, or
2. All or part of the beneficial ownership and a right to present use and enjoyment of the
premises, and the term includes a mortgagee in possession.
"Person" means any individual, group of individuals, corporation, partnership, business
trust, association or other legal entity, or any combination thereof.
"Premises" means a dwelling unit and the structure of which it is a part and facilities and
appurtenances therein and grounds, areas and facilities held out for the use of tenants
generally or whose use is promised to the tenant.
"Processing fee for payment of rent with bad check" means the processing fee specified
in the rental agreement, not to exceed $50, assessed by a landlord against a tenant for
payment of rent with a check drawn by the tenant on which payment has been refused by
the payor bank because the drawer had no account or insufficient funds.
"Readily accessible" means areas within the interior of the dwelling unit available for
observation at the time of the move-in inspection that do not require removal of
materials, personal property, equipment or similar items.
"Rent" means all money, other than a security deposit, owed or paid to the landlord under
the rental agreement, including prepaid rent paid more than one month in advance of the
rent due date.
"Rental agreement" or “lease agreement” means all agreements, written or oral, and valid
rules and regulations adopted under § 55-248.17 embodying the terms and conditions
concerning the use and occupancy of a dwelling unit and premises.
"Rental application" means the written application or similar document used by a
landlord to determine if a prospective tenant is qualified to become a tenant of a dwelling
unit. A landlord may charge an application fee as provided in this chapter and may
request a prospective tenant to provide information that will enable the landlord to make
such determination. The landlord may photocopy each applicant's driver's license or other
similar photo identification, containing either the applicant's social security number or
control number issued by the Department of Motor Vehicles pursuant to § 46.2-342. The
landlord may require that each applicant provide a social security number issued by the
U.S. Social Security Administration or an individual taxpayer identification number
issued by the U.S. Internal Revenue Service, for the purpose of determining whether each
applicant is eligible to become a tenant in the landlord's dwelling unit.
"Roomer" means a person occupying a dwelling unit that lacks a major bathroom or
kitchen facility, in a structure where one or more major facilities are used in common by
occupants of the dwelling unit and other dwelling units. Major facility in the case of a
bathroom means toilet, and either a bath or shower, and in the case of a kitchen means
refrigerator, stove or sink.
"Security deposit" means any refundable deposit of money that is furnished by a tenant to
a landlord to secure the performance of the terms and conditions of a rental agreement, as
a security for damages to the leased premises, or as a pet deposit. However, such money
shall be deemed an application deposit until the commencement date of the rental
agreement. Security deposit shall not include a damage insurance policy or renter's
insurance policy as those terms are defined in § 55-248.7:2 purchased by a landlord to
provide coverage for a tenant.
"Single-family residence" means a structure, other than a multi-family residential
structure, maintained and used as a single dwelling unit or any dwelling unit which has
direct access to a street or thoroughfare and shares neither heating facilities, hot water
equipment nor any other essential facility or service with any other dwelling unit.
"Sublease" means the transfer by any tenant of any but not all interests created by a rental
agreement.
"Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to
the exclusion of others and shall include roomer. Tenant shall not include (i) an
authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns
the payment of the financial obligations of a rental agreement but has no right to occupy a
dwelling unit.
"Tenant records" means all information, including financial, maintenance, and other
records about a tenant or prospective tenant, whether such information is in written or
electronic form or other medium.
"Utility" means electricity, natural gas, water and sewer provided by a public service
corporation or such other person providing utility services as permitted under § 56-1.2. If
the rental agreement so provides, a landlord may use submetering equipment or energy
allocation equipment as defined in § 56-245.2, or a ratio utility billing system as defined
in § 55-226.2.
"Visible evidence of mold" means the existence of mold in the dwelling unit that is visible
to the naked eye by the landlord or tenant in areas within the interior of the dwelling unit
readily accessible at the time of the move-in inspection.
"Written notice" means notice given in accordance with § 55-248.6, including any
representation of words, letters, symbols, numbers, or figures, whether (i) printed in or
inscribed on a tangible medium or (ii) stored in an electronic form or other medium,
retrievable in a perceivable form, and regardless of whether an electronic signature
authorized by Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1 is affixed. The landlord
may, in accordance with a written agreement, delegate to a managing agent or other third
party the responsibility of providing any written notice required by this chapter.
§ 55-248.5. Exemptions; exception to exemption.
A. Except as specifically made applicable by § 55-248.21:1, the following conditions are
not governed by this chapter:
1. Residence at a public or private institution, if incidental to detention or the provision of
medical, geriatric, educational, counseling, religious or similar services;
2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a
part, if the occupant is the purchaser or a person who succeeds to his interest;
3. Occupancy by a member of a fraternal or social organization in the portion of a
structure operated for the benefit of the organization;
4. Occupancy in a hotel, motel, vacation cottage, boardinghouse or similar lodging held
out for transients, unless let continuously to one occupant for more than thirty days,
including occupancy in a lodging subject to taxation as provided in § 58.1-3819;
5. Occupancy by an employee of a landlord whose right to occupancy is conditioned
upon employment in and about the premises or an ex-employee whose occupancy
continues less than sixty days;
6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a
cooperative;
7. Occupancy under a rental agreement covering premises used by the occupant primarily
in connection with business, commercial or agricultural purposes;
8. Occupancy in a public housing unit or other housing unit subject to regulation by the
Department of Housing and Urban Development where such regulation is inconsistent
with this chapter;
9. Occupancy by a tenant who pays no rent; and
10. Occupancy in single-family residences where the owner(s) are natural persons or their
estates, who own in their own name, no more than ten single-family residences subject to
a rental agreement; or in the case of condominium units or single-family residences
located in any city or in any county having either the urban county executive form or
county manager plan of government, no more than four.
B. Notwithstanding the provisions of subsection A, the landlord may specifically provide
for the applicability of the provisions of this chapter in the rental agreement.
§ 55-248.6. Notice.
As used in this chapter:
“Notice" means notice given in writing by either regular mail or hand delivery, with the
sender retaining sufficient proof of having given such notice, which may be either a
United States postal certificate of mailing or a certificate of service confirming such
mailing prepared by the sender. However, a person shall be deemed to have notice of a
fact if he has actual knowledge of it, he has received a verbal notice of it, or from all the
facts and circumstances known to him at the time in question, he has reason to know it
exists. A person "notifies" or "gives" a notice or notification to another by taking steps
reasonably calculated to inform another person whether or not the other person actually
comes to know of it. If notice is given that is not in writing, the person giving the notice
shall have the burden of proof to show that the notice was given to the recipient of the
notice.
B. If the rental agreement so provides, the landlord and tenant may send notices in
electronic form, however any tenant who so requests may elect to send and receive
notices in paper form. If electronic delivery is used, the sender shall retain sufficient
proof of the electronic delivery, which may be an electronic receipt of delivery, a
confirmation that the notice was sent by facsimile, or a certificate of service prepared by
the sender confirming the electronic delivery.
In the case of the landlord, notice is served on the landlord at his place of business where
the rental agreement was made, or at any place held out by the landlord as the place for
receipt of the communication.
C. In the case of the tenant, notice is served at the tenant's last known place of residence,
which may be the dwelling unit.
D. Notice, knowledge or a notice or notification received by an organization is effective
for a particular transaction from the time it is brought to the attention of the person
conducting that transaction, or from the time it would have been brought to his attention
if the organization had exercised reasonable diligence.
E. No notice of termination of tenancy served upon a tenant by a public housing
authority organized under the Housing Authorities Law (§ 36-1 et seq.) of Title 36 shall
be effective unless it contains on its first page, in type no smaller or less legible than that
otherwise used in the body of the notice, the name, address and telephone number of the
legal services program, if any, serving the jurisdiction wherein the premises are located.
§ 55-248.6:1. Application fees.
Any landlord may require an application fee and a separate application deposit. If the
applicant fails to rent the unit for which application was made, from the application
deposit the landlord shall refund to the applicant within 20 days after the applicant's
failure to rent the unit or the landlord's rejection of the application all sums in excess of
the landlord's actual expenses and damages together with an itemized list of said
expenses and damages. If, however, the application fee or deposit was made by cash,
certified check, cashier's check, or postal money order, such refund shall be made within
10 days of the applicant's failure to rent the unit if the failure to rent is due to the
landlord's rejection of the application. If the landlord fails to comply with this section, the
applicant may recover as damages suffered by him that portion of the fee wrongfully
withheld and reasonable attorney's fees.
§ 55-248.7. Terms and conditions of rental agreement; copy for tenant.
A. A landlord and tenant may include in a rental agreement, terms and conditions not
prohibited by this chapter or other rule of law, including rent, charges for late payment of
rent, term of the agreement, automatic renewal of the rental agreement, requirements for
notice of intent to vacate or terminate the rental agreement, and other provisions
governing the rights and obligations of the parties.
B. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value
for the use and occupancy of the dwelling unit.
C. Rent shall be payable without demand or notice at the time and place agreed upon by
the parties. Unless otherwise agreed, rent is payable at the place designated by the
landlord and periodic rent is payable at the beginning of any term of one month or less
and otherwise in equal installments at the beginning of each month.
D. Unless the rental agreement fixes a definite term, the tenancy shall be week to week
in case of a roomer who pays weekly rent, and in all other cases month to month.
E. If the rental agreement contains any provision whereby the landlord may approve or
disapprove a sublessee or assignee of the tenant, the landlord shall within 10 business
days of receipt by him of the written application of the prospective sublessee or assignee
on a form to be provided by the landlord, approve or disapprove the sublessee or
assignee. Failure of the landlord to act within 10 business days shall be deemed evidence
of his approval.
F. A copy of any written rental agreement signed by both the tenant and the landlord
shall be provided to the tenant within one month of the effective date of the written rental
agreement. The failure of the landlord to deliver such a rental agreement shall not affect
the validity of the agreement.
G. No unilateral change in the terms of a rental agreement by a landlord or tenant shall
be valid unless (i) notice of the change is given in accordance with the terms of the rental
agreement or as otherwise required by law and (ii) both parties consent in writing to the
change.
§ 55-248.7:1. Prepaid rent; maintenance of escrow account.
A tenant may offer and a landlord may accept prepaid rent. If a landlord receives prepaid
rent, it shall be placed in an escrow account in a federally insured depository in Virginia
by the end of the fifth business day following receipt and shall remain in the account until
such time as the prepaid rent becomes due. Unless the landlord has otherwise become
entitled to receive any portion of the prepaid rent, it shall not be removed from the
escrow account required by this section without the written consent of the tenant.
§ 55-248.7:2. Landlord may obtain certain insurance for tenant.
A. Damage Insurance. A landlord may require as a condition of tenancy that a tenant
have commercial insurance coverage as specified in the rental agreement to secure the
performance by the tenant of the terms and conditions of the rental agreement and pay for
the cost of premiums for such insurance coverage, obtained by the landlord, generally
known as "damage insurance." As provided in § 55-248.4, such payments shall not be
deemed a security deposit, but shall be rent. However, as provided in § 55-248.9, the
landlord cannot require a tenant to pay both security deposits and the cost of damage
insurance premiums, if the total amount of any security deposits and damage insurance
premiums exceeds the amount of two months' periodic rent. The landlord shall notify a
tenant in writing that the tenant has the right to obtain a separate policy from the
landlord's policy for damage insurance. If a tenant elects to obtain a separate policy, the
tenant shall submit to the landlord written proof of such coverage and shall maintain such
coverage at all times during the term of the rental agreement. Where a landlord obtains
damage insurance coverage on behalf of a tenant, the insurance policy shall provide
coverage for the tenant as an insured. The landlord shall recover from the tenant the
actual costs of such insurance coverage and may recover administrative or other fees
associated with administration of a damage insurance policy, including a tenant opting
out of the insurance coverage provided by the landlord pursuant to this subsection. If a
landlord obtains damage insurance for his tenants, the landlord shall provide to each
tenant, prior to execution of the rental agreement, a summary of the insurance policy or
certificate evidencing the coverage being provided and upon request of the tenant make
available a copy of the insurance policy.
B. Renter's Insurance. A landlord may require as a condition of tenancy that a tenant have
renter’s insurance as specified in the rental agreement that is a combination multi-peril
policy containing fire, miscellaneous property, and personal liability coverage insuring
personal property located in residential units not occupied by the owner. A landlord may
require a tenant to pay for the cost of premiums for such insurance, obtained by the
landlord, to provide such coverage for the tenant as part of rent or as otherwise provided
herein." As provided in § 55-248.4, such payments shall not be deemed a security
deposit, but shall be rent. If the landlord requires that such premiums be paid prior to the
commencement of the tenancy, the total amount of all security deposits and insurance
premiums for damage insurance and renter's insurance shall not exceed the amount of
two months' periodic rent. Otherwise, the landlord may add a monthly amount as
additional rent to recover the costs of such insurance coverage. The landlord shall notify
a tenant in writing that the tenant has the right to obtain a separate policy from the
landlord's policy for renter's insurance. If a tenant elects to obtain a separate policy, the
tenant shall submit to the landlord written proof of such coverage and shall maintain such
coverage at all times during the term of the rental agreement.
C. Where a landlord obtains renter’s insurance coverage on behalf of a tenant, the
insurance policy shall provide coverage for the tenant as an insured. The landlord shall
recover from the tenant the actual costs of such insurance coverage and may recover
administrative or other fees associated with the administration of a renter's insurance
policy, including a tenant opting out of the insurance coverage provided to the tenant
pursuant to this subsection. If a landlord obtains renter’s insurance for his tenants, the
landlord shall provide to each tenant, prior to execution of the rental agreement, a
summary of the insurance policy prepared by the insurer or certificate evidencing the
coverage being provided and upon request of the tenant make available a copy of the
insurance policy.
§55-248.8. Effect of unsigned or undelivered rental agreement.
If the landlord does not sign and deliver a written rental agreement signed and delivered
to him by the tenant, acceptance of rent without reservation by the landlord gives the
rental agreement the same effect as if it had been signed and delivered by the landlord. If
the tenant does not sign and deliver a written rental agreement signed and delivered to
him by the landlord, acceptance of possession or payment of rent without reservation
gives the rental agreement the same effect as if it had been signed and delivered by the
tenant. If a rental agreement, given effect by the operation of this section, provides for a
term longer than one year, it is effective for only one year.
§ 55-248.9. Prohibited provisions in rental agreements.
A. A rental agreement shall not contain provisions that the tenant:
1. Agrees to waive or forego rights or remedies under this chapter;
2. Agrees to waive or forego rights or remedies pertaining to the 120-day conversion or
rehabilitation notice required in the Condominium Act (§ 55-79.39 et seq.), the Virginia
Real Estate Cooperative Act (§ 55-424 et seq.) or Chapter 13 (§ 55-217 et seq.) of this
title;
3. Authorizes any person to confess judgment on a claim arising out of the rental
agreement;
4. Agrees to pay the landlord's attorney's fees except as provided in this chapter;
5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant
arising under law or to indemnify the landlord for that liability or the costs connected
therewith;
6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any
lawful possession of a firearm within individual dwelling units unless required by federal
law or regulation; or
7. Agrees to both the payment of a security deposit and the provision of a bond or
commercial insurance policy purchased by the tenant to secure the performance of the
terms and conditions of a rental agreement, if the total of the security deposit and the
bond or insurance premium exceeds the amount of two months' periodic rent.
B. A provision prohibited by subsection A included in a rental agreement is
unenforceable. If a landlord brings an action to enforce any of the prohibited provisions,
the tenant may recover actual damages sustained by him and reasonable attorney's fees.
§ 55-248.9:1. Confidentiality of tenant records.
No landlord or managing agent shall release information about a tenant or prospective
tenant in the possession of the landlord to a third party unless:
1. The tenant or prospective tenant has given prior written consent;
2. The information is a matter of public record as defined in § 2.2-3701;
3. The information is a summary of the tenant's rent payment record, including the
amount of the tenant's periodic rent payment;
4. The information is a copy of a material noncompliance notice that has not been
remedied or, termination notice given to the tenant under § 55-248.31 and the tenant did
not remain in the premises thereafter;
5. The information is requested by a local, state, or federal law-enforcement or public
safety official in the performance of his duties;
6. The information is requested pursuant to a subpoena in a civil case;
7. The information is requested by a local commissioner of the revenue in accordance
with § 58.1-3901;
8. The information is requested by a contract purchaser of the landlord's property;
provided the contract purchaser agrees in writing to maintain the confidentiality of such
information;
9. The information is requested by a lender of the landlord for financing or refinancing
of the property;
10. The information is requested by the commanding officer, military housing officer, or
military attorney of the tenant;
11. The third party is the landlord's attorney; or
12. The information is otherwise provided in the case of an emergency.
B. A tenant may designate a third party to receive duplicate copies of a summons that has
been issued pursuant to § 8.01-126 and of written notices from the landlord relating to the
tenancy. Where such a third party has been designated by the tenant, the landlord shall
mail the duplicate copy of any summons issued pursuant to § 8.01-126 or notice to the
designated third party at the same time the summons or notice is mailed to or served upon
the tenant. Nothing in this subsection shall be construed to grant standing to any third
party designated by the tenant to challenge actions of the landlord in which notice was
mailed pursuant to this subsection. The failure of the landlord to give notice to a third
party designated by the tenant shall not affect the validity of any judgment entered
against the tenant.
§ 55-248.10:1. Landlord and tenant remedies for abuse of access.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to
compel access, or terminate the rental agreement. In either case, the landlord may recover
actual damages and reasonable attorney's fees. If the landlord makes an unlawful entry or
a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise
lawful but which have the effect of unreasonably harassing the tenant, the tenant may
obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental
agreement. In either case, the tenant may recover actual damages and reasonable
attorney's fees.
——————————
Article 2.
Landlord Obligations.
§ 55-248.11:1. Inspection of premises.
The landlord shall, within five days after occupancy of a dwelling unit, submit a written
report to the tenant, for his safekeeping, itemizing damages to the dwelling unit existing
at the time of occupancy, which record shall be deemed correct unless the tenant objects
thereto in writing within five days after receipt thereof. The landlord may adopt a written
policy allowing the tenant to prepare the written report of the move-in inspection, in
which case the tenant shall submit a copy to the landlord, which record shall be deemed
correct unless the landlord objects thereto in writing within five days after receipt thereof.
Such written policy adopted by the landlord may also provide for the landlord and the
tenant to prepare the written report of the move-in inspection jointly, in which case both
the landlord and the tenant shall sign the written report and receive a copy thereof, at
which time the inspection record shall be deemed correct.
§ 55-248.11:2. Disclosure of mold in dwelling units.
As part of the written report of the move-in inspection required by § 55-248.11:1, the
landlord shall disclose whether there is any visible evidence of mold in areas readily
accessible within the interior of the dwelling unit. If the landlord's written disclosure
states that there is no visible evidence of mold in the dwelling unit, this written statement
shall be deemed correct unless the tenant objects thereto in writing within five days after
receiving the report. If the landlord's written disclosure states that there is visible
evidence of mold in the dwelling unit, the tenant shall have the option to terminate the
tenancy and not take possession or remain in possession of the dwelling unit. If the tenant
requests to take possession, or remain in possession, of the dwelling unit, notwithstanding
the presence of visible evidence of mold, the landlord shall promptly remediate the mold
condition but in no event later than five business days thereafter and re-inspect the
dwelling unit to confirm there is no visible evidence of mold in the dwelling unit and
reflect on a new report that there is no visible evidence of mold in the dwelling unit upon
re-inspection.
§ 55-248.12. Disclosure.
A. The landlord or any person authorized to enter into a rental agreement on his behalf
shall disclose to the tenant in writing at or before the commencement of the tenancy the
name and address of:
1. The person or persons authorized to manage the premises; and
2. An owner of the premises or any other person authorized to act for and on behalf of the
owner, for the purposes of service of process and receiving and receipting for notices and
demands.
B. In the event of the sale of the premises, the landlord shall notify the tenant of such
sale and disclose to the tenant the name and address of the purchaser and a telephone
number at which such purchaser can be located.
C. If an application for registration of the rental property as a condominium or
cooperative has been filed with the Real Estate Board, or if there is within six months an
existing plan for tenant displacement resulting from (i) demolition or substantial
rehabilitation of the property or (ii) conversion of the rental property to office, hotel or
motel use or planned unit development, then the landlord or any person authorized to
enter into a rental agreement on his behalf shall disclose that information in writing to
any prospective tenant.
D. The information required to be furnished by this section shall be kept current and this
section extends to and is enforceable against any successor landlord or owner. A person
who fails to comply with this section becomes an agent of each person who is a landlord
for the purposes of service of process and receiving and receipting for notices and
demands.
§ 55-248.12:1. Required disclosures for properties located adjacent to a military air
installation; remedy for nondisclosure.
A. Notwithstanding the provisions of subdivision A 10 of § 55-248.5, the landlord of
property in any locality in which a military air installation is located, or any person
authorized to enter into a rental agreement on his behalf, shall provide to a prospective
tenant a written disclosure that the property is located in a noise zone or accident
potential zone, or both, as designated by the locality on its official zoning map. Such
disclosure shall be provided prior to the execution by the tenant of a written lease
agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant.
The disclosure shall specify the noise zone or accident potential zone in which the
property is located according to the official zoning map of the locality. A disclosure made
pursuant to this section containing inaccurate information regarding the location of the
noise zone or accident potential zone shall be deemed as nondisclosure unless the
inaccurate information is provided by an officer or employee of the locality in which the
property is located.
B. Any tenant who is not provided the disclosure required by subsection A may terminate
the lease agreement at any time during the first 30 days of the lease period by sending to
the landlord by certified or registered mail, return receipt requested, a written notice of
termination. Such termination shall be effective as of (i) 15 days after the date of the
mailing of the notice or (ii) the date through which rent has been paid, whichever is later.
In no event, however, shall the effective date of the termination exceed one month from
the date of mailing. Termination of the lease agreement shall be the exclusive remedy for
the failure to comply with the disclosure provisions of this section, and shall not affect
any rights or duties of the landlord or tenant arising under this chapter, other applicable
law, or the rental agreement.
§ 55-248.13. Landlord to maintain fit premises.
A. The landlord shall:
1. Comply with the requirements of applicable building and housing codes materially
affecting health and safety;
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and
habitable condition;
3. Keep all common areas shared by two or more dwelling units of the premises in a clean
and structurally safe condition;
4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities and appliances, including
elevators, supplied or required to be supplied by him;
5. Maintain the premises in such a condition as to prevent the accumulation of moisture
and the growth of mold, and to promptly respond to any notices from a tenant as provided
in subdivision A 10 of § 55-248.16;
6. Provide and maintain appropriate receptacles and conveniences, in common areas, for
the collection, storage, and removal of ashes, garbage, rubbish and other waste incidental
to the occupancy of two or more dwelling units and arrange for the removal of same; and
7. Supply running water and reasonable amounts of hot water at all times and reasonable
air conditioning if provided and heat in season except where the dwelling unit is so
constructed that heat, air conditioning or hot water is generated by an installation within the
exclusive control of the tenant or supplied by a direct public utility connection.
B. The landlord shall perform the duties imposed by subsection A in accordance with law;
however, the landlord shall only be liable for the tenant's actual damages proximately
caused by the landlord's failure to exercise ordinary care.
C. If the duty imposed by subdivision 1 of subsection A is greater than any duty imposed
by any other subdivision of that subsection, the landlord's duty shall be determined by
reference to subdivision 1.
D. The landlord and tenant may agree in writing that the tenant perform the landlord's
duties specified in subdivisions 3, 6 and 7 of subsection A and also specified repairs,
maintenance tasks, alterations and remodeling, but only if the transaction is entered into in
good faith and not for the purpose of evading the obligations of the landlord, and if the
agreement does not diminish or affect the obligation of the landlord to other tenants in the
premises.
§ 55-248.13:1. Landlord to provide locks and peepholes.
The governing body of any county, city or town may require by ordinance that any
landlord who rents five or more dwelling units in any one building shall install:
1. Dead-bolt locks which meet the requirements of the Uniform Statewide Building Code
(§ 36-97 et seq.) for new multi-family construction and peepholes in any exterior
swinging entrance door to any such unit; however, any door having a glass panel shall not
require a peephole.
2. Manufacturer's locks which meet the requirements of the Uniform Statewide Building
Code and removable metal pins or charlie bars in accordance with the Uniform Statewide
Building Code on exterior sliding glass doors located in a building at any level or levels
designated in the ordinance.
3. Locking devices which meet the requirements of the Uniform Statewide Building Code
on all exterior windows.
Any ordinance adopted pursuant to this section shall further provide that any landlord
subject to the ordinance shall have a reasonable time as determined by the governing
body in which to comply with the requirements of the ordinance.
§ 55-248.13:2. (Effective July 1, 2003) Access of tenant to cable, satellite and other
television facilities.
No landlord shall demand or accept payment of any fee, charge or other thing of value
from any provider of cable television service, cable modem service, satellite master
antenna television service, direct broadcast satellite television service, subscription
television service or service of any other television programming system in exchange for
granting a television service provider mere access to the landlord's tenants or giving the
tenants of such landlord mere access to such service. A landlord may enter into a service
agreement with a television service provider to provide marketing and other services to
the television service provider, designed to facilitate the television service provider's
delivery of its services. Under such a service agreement, the television service provider
may compensate the landlord for the reasonable value of the services provided, and for
the reasonable value of the landlord's property used by the television service provider.
No landlord shall demand or accept any such payment from any tenants in exchange
therefore unless the landlord is itself the provider of the service. Nor shall any landlord
discriminate in rental charges between tenants who receive any such service and those
who do not. Nothing contained herein shall prohibit a landlord from requiring that the
provider of such service and the tenant bear the entire cost of the installation, operation or
removal of the facilities incident thereto, or prohibit a landlord from demanding or
accepting reasonable indemnity or security for any damages caused by such installation,
operation or removal.
§ 55-248.13:3. Notice to tenants for pesticide use.
A. The landlord shall give written notice to the tenant no less than forty-eight hours prior
to his application of an insecticide or pesticide in the tenant's dwelling unit unless the
tenant agrees to a shorter notification period. If a tenant requests the application of the
insecticide or pesticide, the forty-eight-hour notice is not required. Tenants who have
concerns about specific insecticides or pesticides shall notify the landlord in writing no
less than twenty-four hours before the scheduled insecticide or pesticide application. The
tenant shall prepare the dwelling unit for the application of insecticides or pesticides in
accordance with any written instructions of the landlord, and if insects or pests are found
to be present, follow any written instructions of the landlord to eliminate the insects or
pests following the application of insecticides or pesticides.
B. In addition, the landlord shall post notice of all insecticide or pesticide applications in
areas of the premises other than the dwelling units. Such notice shall consist of
conspicuous signs placed in or upon such premises where the insecticide or pesticide will
be applied at least forty-eight hours prior to the application.
§ 55-248.14. Limitation of liability.
Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit
subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of
liability under the rental agreement and this chapter as to events occurring subsequent to
notice to the tenant of the conveyance. Unless otherwise agreed, a managing agent of
premises that include a dwelling unit is relieved of liability under the rental agreement
and this chapter as to events occurring after written notice to the tenant of the termination
of his management.
§ 55-248.15. Tenancy at will; effect of notice of change of terms or provisions of
tenancy.
A notice of any change by a landlord or tenant in any terms or provisions of a tenancy at
will shall constitute a notice to vacate the premises, and such notice of change shall be
given in accordance with the terms of the rental agreement, if any, or as otherwise
required by law.
§ 55-248.15:1. Security deposits.
A. A landlord may not demand or receive a security deposit, however denominated, in an
amount or value in excess of two months' periodic rent. Upon termination of the tenancy,
such security deposit, whether it is property or money, plus any accrued interest thereon,
held by the landlord as security as hereinafter provided may be applied solely by the
landlord (i) to the payment of accrued rent and including the reasonable charges for late
payment of rent specified in the rental agreement; (ii) to the payment of the amount of
damages which the landlord has suffered by reason of the tenant's noncompliance with §
55-248.16, less reasonable wear and tear; or (iii) to other damages or charges as provided
in the rental agreement. The security deposit, any accrued interest and any deductions,
damages and charges shall be itemized by the landlord in a written notice given to the
tenant, together with any amount due the tenant within 45 days after termination of the
tenancy and delivery of possession.
Nothing in this section shall be construed by a court of law or otherwise as entitling the
tenant, upon the termination of the tenancy, to an immediate credit against the tenant's
delinquent rent account in the amount of the security deposit. The landlord shall apply the
security deposit in accordance with this section within the 45-day time period. However,
provided the landlord has given prior written notice in accordance with this section, the
landlord may withhold a reasonable portion of the security deposit to cover an amount of
the balance due on the water, sewer, or other utility account that is an obligation of the
tenant to a third-party provider under the rental agreement for the dwelling unit, and upon
payment of such obligations the landlord shall provide written confirmation to the tenant
within 10 days thereafter, along with payment to the tenant of any balance otherwise due
to the tenant. In order to withhold such funds as part of the disposition of the security
deposit, the landlord shall have so advised the tenant of his rights and obligations under
this section in (i) a termination notice to the tenant in accordance with this chapter, (ii) a
vacating notice to the tenant in accordance with this section, or (iii) a separate written
notice to the tenant at least 15 days prior to the disposition of the security deposit. Any
written notice to the tenant shall be given in accordance with § 55-248.6.
The tenant may provide the landlord with written confirmation of the payment of the final
water, sewer, or other utility bill for the dwelling unit, in which case the landlord shall
refund the security deposit, unless there are other authorized deductions, within the 45-
day period, or if the tenant provides such written confirmation after the expiration of the
45-day period, the landlord shall refund any remaining balance of the security deposit
held to the tenant within 10 days following the receipt of such written confirmation
provided by the tenant. If the landlord otherwise receives confirmation of payment of the
final water, sewer, or other utility bill for the dwelling unit, the landlord shall refund the
security deposit, unless there are other authorized deductions, within the 45-day period.
The landlord shall notify the tenant in writing of any deductions provided by this
subsection to be made from the tenant's security deposit during the course of the tenancy.
Such notification shall be made within 30 days of the date of the determination of the
deduction and shall itemize the reasons in the same manner as provided in subsection B.
Such notification shall not be required for deductions made less than 30 days prior to the
termination of the rental agreement. If the landlord willfully fails to comply with this
section, the court shall order the return of the security deposit and interest thereon to the
tenant, together with actual damages and reasonable attorneys' fees, unless the tenant
owes rent to the landlord, in which case, the court shall order an amount equal to the
security deposit and interest thereon credited against the rent due to the landlord. In the
event that damages to the premises exceed the amount of the security deposit and require
the services of a third party contractor, the landlord shall give written notice to the tenant
advising him of that fact within the 45-day period. If notice is given as prescribed in this
paragraph, the landlord shall have an additional 15 day period to provide an itemization
of the damages and the cost of repair. This section shall not preclude the landlord or
tenant from recovering other damages to which he may be entitled under this chapter.
The holder of the landlord's interest in the premises at the time of the termination of the
tenancy, regardless of how the interest is acquired or transferred, is bound by this section
and shall be required to return any security deposit received by the original landlord and
any accrued interest that is duly owed to the tenant, whether or not such security deposit
is transferred with the landlord's interest by law or equity, regardless of any contractual
agreements between the original landlord and his successors in interest.
B. The landlord shall:
1. Accrue interest at an annual rate equal to four percentage points below the Federal
Reserve Board discount rate as of January 1 of each year on all property or money held as
a security deposit. However, no interest shall be due and payable unless the security
deposit has been held by the landlord for a period exceeding 13 months beginning from
the commencement date of the rental agreement or after the effective date of any prior
written or oral rental agreements with the same tenant, for continuous occupancy of the
same dwelling unit until termination of the tenancy and delivery of possession, such
security deposit earning interest which begins accruing from the effective date of the
rental agreement, and such interest shall be paid only upon termination of the tenancy,
delivery of possession and return of the security deposit as provided in subsection A;
2. Maintain and itemize records for each tenant of all deductions from security deposits
provided for under this section which the landlord has made by reason of a tenant's
noncompliance with § 55-248.16 during the preceding two years; and
3. Permit a tenant or his authorized agent or attorney to inspect such tenant's records of
deductions at any time during normal business hours.
C. Upon request by the landlord to a tenant to vacate, or within five days after receipt of
notice by the landlord of the tenant's intent to vacate, the landlord shall make reasonable
efforts to advise the tenant of the tenant's right to be present at the landlord's inspection of
the dwelling unit for the purpose of determining the amount of security deposit to be
returned. If the tenant desires to be present when the landlord makes the inspection, he
shall so advise the landlord in writing who, in turn, shall notify the tenant of the time and
date of the inspection, which must be made within 72 hours of delivery of possession.
Upon completion of the inspection attended by the tenant, the landlord shall furnish the
tenant with an itemized list of damages to the dwelling unit known to exist at the time of
the inspection.
D. If the tenant has any assignee or sublessee, the landlord shall be entitled to hold a
security deposit from only one party in compliance with the provisions of this section.
§ 55-248.15:2. Schedule of interest rates on security deposits.
A. The interest rate established by § 55-248.15:1 varies annually with the annual rate
being equal to four percentage points below the Federal Reserve Board discount rate as of
January 1 of each year. The purpose of this section is to set out the interest rates
applicable under this chapter.
B. The rates are as follows:
1. July 1, 1975, through December 31, 1979, 3.0%.
2. January 1, 1980, through December 31, 1981, 4.0%.
3. January 1, 1982, through December 31, 1984, 4.5%.
4. January 1, 1985, through December 31, 1994, 5.0%.
5. January 1, 1995, through December 31, 1995, 4.75%.
6. January 1, 1996, through December 31, 1996, 5.25%.
7. January 1, 1997, through December 31, 1998, 5.0%.
8. January 1, 1999, through June 30, 1999, 4.5%.
9. July 1, 1999, through December 31, 1999, 3.5%.
10. January 1, 2000, through December 31, 2000, 4.0%.
11. January 1, 2001, through December 31, 2001, 5.0%.
12. January 1, 2002, through December 31, 2002, 0.25%.
13. January 1, 2003, through December 31, 2003, 0%.
14. January 1, 2004, through December 31, 2004, 1.0%.
15. January 1, 2005, through December 31, 2005, 2.25%.
16. January 1, 2006, through December 31, 2006, 4.25%.
17. January 1, 2007, through December 31, 2007, 5.25%
18. January 1, 2008, through December 31, 2008, 0.75%
19. January 1, 2009 through December 31, 2009, 0.00%
20. January 1, 2010, through December 31, 2010, 0.00%.
Thereafter, the interest rate shall be determined in accordance with subsection B of § 55-
248.15:1.
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Article 3
Tenant Obligations
§ 55-248.16. Tenant to maintain dwelling unit.
A. In addition to the provisions of the rental agreement, the tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions
of building and housing codes materially affecting health and safety;
2. Keep that part of the dwelling unit and the part of the premises that he occupies and
uses as clean and safe as the condition of the premises permit;
3. Keep that part of the dwelling unit and the part of the premises that he occupies free
from insects and pests, as those terms are defined in § 3.2-3900, and to promptly notify
the landlord of the existence of any insects or pests;
4. Remove from his dwelling unit all ashes, garbage, rubbish and other waste in a clean
and safe manner and in the appropriate receptacles provided by the landlord pursuant to
§ 55-258.13, if such disposal is on the premises;
5. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their
condition permits;
6. Use in a reasonable manner all utilities and all electrical, plumbing, sanitary, heating,
ventilating, air-conditioning and other facilities and appliances including elevators in the
premises, and keep all utility services paid for by the tenant to the utility service provider
or its agent on at all times during the term of the rental agreement;
7. Not deliberately or negligently destroy, deface, damage, impair or remove any part of
the premises or permit any person to do so whether known by the tenant or not;
8. Not remove or tamper with a properly functioning smoke detector or carbon monoxide
detector installed by the landlord, including removing any working batteries, so as to
render the detector inoperative;
9. Not remove or tamper with a properly functioning carbon monoxide detector,
including removing any working batteries, so as to render the carbon monoxide detector
inoperative;
10. Use reasonable efforts to maintain the dwelling unit and any other part of the
premises that he occupies in such a condition as to prevent accumulation of moisture and
the growth of mold, and to promptly notify the landlord in writing of any moisture
accumulation that occurs or of any visible evidence of mold discovered by the tenant.
11. Be responsible for his conduct and the conduct of other persons on the premises with
his consent whether known by the tenant or not, to ensure that his neighbors' peaceful
enjoyment of the premises will not be disturbed; and
12. Abide by all reasonable rules and regulations imposed by the landlord pursuant to §
55-248.17.
B. If the duty imposed by subdivision 1 of subsection A is greater than any duty imposed
by any other subdivision of that subsection, the tenant's duty shall be determined by
reference to subdivision 1.
§ 55-248.17. Rules and regulations.
A. A landlord, from time to time, may adopt rules or regulations, however described,
concerning the tenants' use and occupancy of the premises. Any such rule or regulation is
enforceable against the tenant only if:
1. Its purpose is to promote the convenience, safety or welfare of the tenants in the
premises, preserve the landlord's property from abusive use or make a fair distribution of
services and facilities held out for the tenants generally;
2. It is reasonably related to the purpose for which it is adopted;
3. It applies to all tenants in the premises in a fair manner;
4. It is sufficiently explicit in its prohibition, direction or limitation of the tenant's
conduct to fairly inform him of what he must or must not do to comply;
5. It is not for the purpose of evading the obligations of the landlord; and
6. The tenant has been provided with a copy of the rules and regulations or changes
thereto at the time he enters into the rental agreement or when they are adopted.
B. A rule or regulation adopted, changed, or provided to the tenant after the tenant enters
into the rental agreement shall be enforceable against the tenant if reasonable notice of its
adoption or change has been given to the tenant and it does not work a substantial
modification of his bargain. If a rule or regulation is adopted or changed after the tenant
enters into the rental agreement that does work a substantial modification of his bargain,
it shall not be valid unless the tenant consents to it in writing.
C. Any court enforcing this chapter shall consider violations of the reasonable rules and
regulations imposed under this section as a breach of the rental agreement and grant the
landlord appropriate relief.
§ 55-248.18. Access; consent.
A. The tenant shall not unreasonably withhold consent to the landlord to enter into the
dwelling unit in order to inspect the premises, make necessary or agreed repairs,
decorations, alterations or improvements, supply necessary or agreed services or exhibit
the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or
contractors. The landlord may enter the dwelling unit without consent of the tenant in
case of emergency. The landlord shall not abuse the right of access or use it to harass the
tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give
the tenant notice of his intent to enter and may enter only at reasonable times. Unless
impractical to do so, the landlord shall give the tenant at least 24 hours notice of routine
maintenance to be performed that has not been requested by the tenant. If the tenant
makes a request for maintenance, the landlord is not required to provide notice to the
tenant.
B. Upon the sole determination by the landlord of the existence of a nonemergency
property condition in the dwelling unit that requires the tenant to temporarily vacate the
dwelling unit in order for the landlord to properly remedy such property condition, the
landlord may, upon at least 30 days' written notice to the tenant, require the tenant to
temporarily vacate the dwelling unit for a period not to exceed 30 days to a comparable
dwelling unit, as selected by the landlord, and at no expense or cost to the tenant. For
purposes of this subsection, "nonemergency property condition" means (i) a condition in
the dwelling unit that, in the determination of the landlord, is necessary for the landlord
to remedy in order for the landlord to be in compliance with § 55-248.13; (ii) the
condition does not need to be remedied within a 24-hour period, with any condition that
needs to be remedied within 24 hours being defined as an "emergency condition"; and
(iii) the condition can only be effectively remedied by the temporary relocation of the
tenant pursuant to the provisions of this subsection.
The tenant shall continue to be responsible for payment of rent under the rental
agreement during the period of any temporary relocation. The landlord shall pay all costs
of repairs or remediation required to address the property condition. Refusal of the tenant
to cooperate with a temporary relocation pursuant to this subsection shall be deemed a
breach of the rental agreement, unless the tenant agrees to vacate the unit and terminate
the rental agreement within the 30-day notice period.
C. The landlord has no other right to access except by court order or that permitted by §§
55-248.32 and 55-248.33 or if the tenant has abandoned or surrendered the premises.
D. The tenant may install, within the dwelling unit, new burglary prevention, including
chain latch devices approved by the landlord, carbon monoxide detection devices and fire
detection devices that the tenant may believe necessary to ensure his safety, provided:
1. Installation does no permanent damage to any part of the dwelling unit.
2. A duplicate of all keys and instructions of how to operate all devices are given to the
landlord
3. Upon termination of the tenancy the tenant shall be responsible for payment to the
landlord for reasonable costs incurred for the removal of all such devices and repairs to
all damaged areas.
§ 55-248.18:1. Access following entry of certain court orders.
A. A tenant who has obtained an order from a court of competent jurisdiction pursuant to
§ 16.1-279.1 or subsection B of § 20-103 granting such tenant possession of the premises
to the exclusion of one or more co-tenants or authorized occupants may provide the
landlord with a copy of that court order and request that the landlord either (i) install a
new lock or other security devices on the exterior doors of the dwelling unit at the
landlord's actual cost or (ii) permit the tenant to do so, provided:
1. Installation of the new lock or security devices does no permanent damage to any part
of the dwelling unit; and
2. A duplicate copy of all keys and instructions of how to operate all devices are given to
the landlord.
Upon termination of the tenancy, the tenant shall be responsible for payment to the
landlord of the reasonable costs incurred for the removal of all such devices installed and
repairs to all damaged areas.
B. A landlord who has received a copy of a court order in accordance with subsection A
shall not provide copies of any keys to the dwelling unit to any person excluded from the
premises by such order.
C. This section shall not apply when the court order excluding a person was issued ex
parte.
§ 55-248.18:2. Relocation of tenant where mold remediation needs to be performed
in the dwelling unit.
Where a mold condition in the dwelling unit materially affects the health or safety of any
tenant or authorized occupant, the landlord may require the tenant to temporarily vacate
the dwelling unit in order for the landlord to perform mold remediation in accordance
with professional standards as defined in § 55-248.4 for a period not to exceed 30 days.
The landlord shall provide the tenant with either (a) a comparable dwelling unit, as
selected by the landlord, at no expense or cost to the tenant, or (b) a hotel room, at no
expense or cost to the tenant. The tenant shall continue to be responsible for payment of
rent under the rental agreement during the period of any temporary relocation. The
landlord shall pay all costs of the mold remediation, unless the mold is a result of the
tenant's failure to comply with § 55-248.16.
§ 55-248.19. Use and occupancy by tenant.
Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a residence.
§ 55-248.20. Tenant to surrender possession of dwelling unit.
At the termination of the term of tenancy, whether by expiration of the rental agreement
or by reason of default by the tenant, the tenant shall promptly vacate the premises,
removing all items of personal property and leaving the premises in good and clean order,
reasonable wear and tear excepted. If the tenant fails to vacate, the landlord may bring an
action for possession and damages, including reasonable attorney's fees.
——————————
Article 4.
Tenant Remedies.
§ 55-248.21. Noncompliance by landlord.
Except as provided in this chapter, if there is a material noncompliance by the landlord
with the rental agreement or a noncompliance with any provision of this chapter,
materially affecting health and safety, the tenant may serve a written notice on the
landlord specifying the acts and omissions constituting the breach and stating that the
rental agreement will terminate upon a date not less than 30 days after receipt of the
notice if such breach is not remedied in 21 days.
If the landlord commits a breach which is not remediable, the tenant may serve a written
notice on the landlord specifying the acts and omissions constituting the breach, and
stating that the rental agreement will terminate upon a date not less that 30 days after
receipt of the notice.
If the landlord has been served with a prior written notice which required the landlord to
remedy a breach, and the landlord remedied such breach, where the landlord intentionally
commits a subsequent breach of a like nature as the prior breach, the tenant may serve a
written notice on the landlord specifying the acts and omissions constituting the
subsequent breach, make reference to the prior breach of a like nature, and state that the
rental agreement will terminate upon a date not less than 30 days after receipt of the
notice.
If the breach is remediable by repairs and the landlord adequately remedies the breach
prior to the date specified in the notice, the rental agreement will not terminate. The
tenant may not terminate for a condition caused by the deliberate or negligent act or
omission of the tenant, a member of his family or other person on the premises with his
consent whether known by the tenant or not. In addition, the tenant may recover damages
and obtain injunctive relief for noncompliance by the landlord with the provisions of the
rental agreement or of this chapter. The tenant shall be entitled to recover reasonable
attorneys' fees unless the landlord proves by a preponderance of the evidence that the
landlord's actions were reasonable under the circumstances. If the rental agreement is
terminated due to the landlord's noncompliance, the landlord shall return the security
deposit in accordance with § 55-248.15:1.
§55-248.21:1. Early termination of rental agreement by military personnel
A. Any member of the armed forces of the United States or a member of the National
Guard serving on full-time duty or as a Civil Service technician with the National Guard
may, through the procedure detailed in subsection B, terminate his rental agreement if the
member (i) has received permanent change of station orders to depart 35 miles or more
(radius) from the location of the dwelling unit; (ii) has received temporary duty orders in
excess of three months' duration to depart 35 miles or more (radius) from the location of
the dwelling unit; (iii) is discharged or released from active duty with the armed forces of
the United States or from his full-time duty or technician status with the National Guard;
or (iv) is ordered to report to government-supplied quarters resulting in the forfeiture of
basic allowance for quarters.
B. Tenants who qualify to terminate a rental agreement pursuant to subsection A shall do
so by serving on the landlord a written notice of termination to be effective on a date
stated therein, such date to be not less than 30 days after the first date on which the next
rental payment is due and payable after the date on which the written notice is given. The
termination date shall be no 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. Prior to the termination date, the tenant shall furnish the
landlord with a copy of the official notification of the orders or a signed letter, confirming
the orders, from the tenant's commanding officer. The landlord may not charge any
liquidated damages.
C. Nothing in this section shall affect the tenant's obligations established by § 55-248.16.
D. The exemption provided in subdivision 10 of subsection A of § 55-248.5 shall not
apply to this section.
§ 55-248.22. Failure to deliver possession.
If the landlord willfully fails to deliver possession of the dwelling unit to the tenant, rent
abates until possession is delivered and the tenant may (i) terminate the rental agreement
upon at least five days' written notice to the landlord and upon termination, the landlord
shall return all prepaid rent and security deposits; or (ii) demand performance of the
rental agreement by the landlord. If the tenant elects, he may file an action for possession
of the dwelling unit against the landlord or any person wrongfully in possession and
recover the damages sustained by him. If a person's failure to deliver possession is willful
and not in good faith, an aggrieved person may recover from that person the actual
damages sustained by him and reasonable attorney's fees.
§ 55-248.23. Wrongful failure to supply heat, water, hot water or essential services.
A. If contrary to the rental agreement or provisions of this chapter the landlord willfully
or negligently fails to supply heat, running water, hot water, electricity, gas or other
essential service, the tenant must serve a written notice on the landlord specifying the
breach, if acting under this section and, in such event, and after a reasonable time allowed
the landlord to correct such breach, may:
1. Recover damages based upon the diminution in the fair rental value of the dwelling
unit; or
2. Procure reasonable substitute housing during the period of the landlord's
noncompliance, in which case the tenant is excused from paying rent for the period of the
landlord's noncompliance, as determined by the court.
B. If the tenant proceeds under this section, he shall be entitled to recover reasonable
attorney fees; however, he may not proceed under § 55-248.21 as to that breach. The
rights of the tenant under this section shall not arise until he has given written notice to
the landlord; however, no rights arise if the condition was caused by the deliberate or
negligent act or omission of the tenant, a member of his family or other person on the
premises with his consent.
§ 55-248.24. Fire or casualty damage.
If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent
that the tenant's enjoyment of the dwelling unit is substantially impaired, or required
repairs can only be accomplished if the tenant vacates the dwelling unit, either the tenant
or the landlord may terminate the rental agreement. The tenant may terminate the rental
agreement by vacating the premises and within 14 days thereafter, serve on the landlord a
written notice of his intention to terminate the rental agreement, in which case the rental
agreement terminates as of the date of vacating; or if continued occupancy is lawful, §
55-226 shall apply.
The landlord may terminate the rental agreement by giving the tenant 45 days' notice of
his intention to terminate the rental agreement based upon the landlord's determination
that such damage requires the removal of the tenant and the use of the premises is
substantially impaired, in which case the rental agreement terminates as of the expiration
of the notice period.
If the rental agreement is terminated, the landlord shall return all security deposits in
accordance with § 55-248.15:1 and prepaid rent, plus accrued interest, recoverable by law
unless the landlord reasonably believes that the tenant, tenant's guests, invitees or
authorized occupants were the cause of the damage or casualty, in which case the
landlord shall account to the tenant for the security and prepaid rent, plus accrued interest
based upon the damage or casualty. Accounting for rent in the event of termination or
apportionment shall be made as of the date of the casualty.
§ 55-248.25. Landlord's noncompliance as defense to action for possession for
nonpayment of rent.
A. In an action for possession based upon nonpayment of rent or in an action for rent by
a landlord when the tenant is in possession, the tenant may assert as a defense that there
exists upon the leased premises, a condition which constitutes or will constitute, a fire
hazard or a serious threat to the life, health or safety of occupants thereof, including but
not limited to a lack of heat or running water or of light or of electricity or adequate
sewage disposal facilities or an infestation of rodents, or a condition which constitutes
material noncompliance on the part of the landlord with the rental agreement or
provisions of law. The assertion of any defense provided for in this section shall be
conditioned upon the following:
1. Prior to the commencement of the action for rent or possession, the landlord or his
agent was served a written notice of the aforesaid condition or conditions by the tenant or
was notified by a violation or condemnation notice from an appropriate state or municipal
agency, but that the landlord has refused, or having a reasonable opportunity to do so, has
failed to remedy the same. For the purposes of this subsection, what period of time shall
be deemed to be unreasonable delay is left to the discretion of the court except that there
shall be a rebuttable presumption that a period in excess of thirty days from receipt of the
notification by the landlord is unreasonable; and
2. The tenant, if in possession, has paid into court the amount of rent found by the court
to be due and unpaid, to be held by the court pending the issuance of an order under
subsection C.
B. It shall be a sufficient answer to such a defense provided for in this section if the
landlord establishes the conditions alleged in the defense do not in fact exist; or such
conditions have been removed or remedied; or such conditions have been caused by the
tenant or members of the family of such tenant or of his or their guests; or the tenant has
unreasonably refused entry to the landlord to the premises for the purposes of correcting
such conditions.
C. The court shall make findings of fact upon any defense raised under this section or the
answer to any defense and, thereafter, shall pass such order as may be required including
any one or more of the following:
1. An order to set-off to the tenant as determined by the court in such amount as may be
equitable to represent the existence of any condition set forth in subsection A which is
found by the court to exist;
2. Terminate the rental agreement or order surrender of the premises to the landlord; or
3. Refer any matter before the court to the proper state or municipal agency for
investigation and report and grant a continuance of the action or complaint pending
receipt of such investigation and report. When such a continuance is granted, the tenant
shall deposit with the court any rents which will become due during the period of
continuance, to be held by the court pending its further order or in its discretion the court
may use such funds to pay a mortgage on the property in order to stay a foreclosure, to
pay a creditor to prevent or satisfy a bill to enforce a mechanic's or materialman's lien, or
to remedy any condition set forth in subsection A which is found by the court to exist.
D. If it appears that the tenant has raised a defense under this section in bad faith or has
caused the violation or has unreasonably refused entry to the landlord for the purpose of
correcting the condition giving rise to the violation, the court, in its discretion, may
impose upon the tenant the reasonable costs of the landlord, including court costs, the
costs of repair where the court finds the tenant has caused the violation, and reasonable
attorney's fees.
§55-248.25:1. Rent escrow required for continuance of tenant's case.
A. Where a landlord has filed an unlawful detainer action seeking possession of the
premises as provided by this chapter and the tenant seeks to obtain a continuance of the
action or to set it for a contested trial, the court shall, upon request of the landlord, order
the tenant to pay an amount equal to the rent that is due as of the initial court date into the
court escrow account prior to granting the tenant's request for a delayed court date.
However, if the tenant asserts a good faith defense and the court so finds, the court shall
not require the rent to be escrowed. If the landlord requests a continuance, or to set the
case for a contested trial, the court shall not require the rent to be escrowed.
B. If the court finds that the tenant has not asserted a good faith defense, the tenant shall
be required to pay an amount determined by the court to be proper into the court escrow
account in order for the case to be continued or set for contested trial. To meet the ends of
justice, however, the court may grant the tenant a continuance of no more than one week
to make full payment of the court-ordered amount into the court escrow account. If the
tenant fails to pay the entire amount ordered, the court shall, upon request of the landlord,
enter judgment for the landlord and enter an order of possession of the premises.
C. The court shall further order that should the tenant fail to pay future rents due under
the rental agreement into the court escrow account, the court shall, upon the request of
the landlord, enter judgment for the landlord and enter an order of possession of the
premises.
D. Upon motion of the landlord, the court may disburse the moneys held in the court
escrow account to the landlord for payment of his mortgage or other expenses relating to
the dwelling unit.
E. Except as provided in subsection D, no rent required to be escrowed under this section
shall be disbursed within 10 days of the date of the judgment unless otherwise agreed to
by the parties. If an appeal is taken by the plaintiff, the rent held in escrow shall be
transmitted to the clerk of the circuit court to be held in such court escrow account
pending the outcome of the appeal.
§ 55-248.26. Tenant's remedies for landlord's unlawful ouster, exclusion or
diminution of service.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully
diminishes services to the tenant by interrupting or causing the interruption of gas, water
or other essential service to the tenant, the tenant may recover possession or terminate the
rental agreement and, in either case, recover the actual damages sustained by him and a
reasonable attorney's fee. If the rental agreement is terminated the landlord shall return all
of the security deposit in accordance with § 55-248.15:1.
§ 55-248.27. Tenant's assertion; rent escrow.
A. The tenant may assert that there exists upon the leased premises, a condition or
conditions which constitute a material noncompliance by the landlord with the rental
agreement or with provisions of law, or which if not promptly corrected, will
constitute a fire hazard or serious threat to the life, health or safety of occupants thereof,
including but not limited to, a lack of heat or hot or cold running water, except if the
tenant is responsible for payment of the utility charge and where the lack of such heat or
hot or cold running water is the direct result of the tenant's failure to pay the utility
charge; or of light, electricity or adequate sewage disposal facilities; or an infestation of
rodents, except if the property is a one-family dwelling; or of the existence of paint
containing lead pigment on surfaces within the dwelling, provided that the landlord has
notice of such paint. The tenant may file such an assertion in a general district court
wherein the premises are located by a declaration setting forth such assertion and asking
for one or more forms of relief as provided for in subsection C.
B. Prior to the granting of any relief, the tenant shall show to the satisfaction of the court
that:
1. Prior to the commencement of the action the landlord was served a written notice by
the tenant of the conditions described in subsection A, or was notified of such conditions
by a violation or condemnation notice from an appropriate state or municipal agency, and
that the landlord has refused, or having a reasonable opportunity to do so, has failed to
remedy the same. For the purposes of this subsection, what period of time shall be
deemed to be unreasonable delay is left to the discretion of the court except that there
shall be a rebuttable presumption that a period in excess of thirty days from receipt of the
notification by the landlord is unreasonable;
2. The tenant has paid into court the amount of rent called for under the rental agreement,
within five days of the date due thereunder, unless or until such amount is modified by
subsequent order of the court under this chapter; and
3. It shall be sufficient answer or rejoinder to such a declaration if the landlord establishes
to the satisfaction of the court that the conditions alleged by the tenant do not in fact
exist, or such conditions have been removed or remedied, or such conditions have been
caused by the tenant or members of his family or his or their invitees or licensees, or the
tenant has unreasonably refused entry to the landlord to the premises for the purpose of
correcting such conditions.
C. Any court shall make findings of fact on the issues before it and shall issue any order
that may be required. Such an order may include, but is not limited to, any one or more of
the following:
1. Terminating the rental agreement or ordering the premises surrendered to the landlord;
2. Ordering all moneys already accumulated in escrow disbursed to the landlord or to the
tenant in accordance with this chapter;
3. Ordering that the escrow be continued until the conditions causing the complaint are
remedied;
4. Ordering that the amount of rent, whether paid into the escrow account or paid to the
landlord, be abated as determined by the court in such an amount as may be equitable to
represent the existence of the condition or conditions found by the court to exist. In all
cases where the court deems that the tenant is entitled to relief under this chapter, the
burden shall be upon the landlord to show cause why there should not be an abatement of
rent;
5. Ordering any amount of moneys accumulated in escrow disbursed to the tenant where
the landlord refuses to make repairs after a reasonable time or to the landlord or to a
contractor chosen by the landlord in order to make repairs or to otherwise remedy the
condition. In either case, the court shall in its order insure that moneys thus disbursed will
be in fact used for the purpose of making repairs or effecting a remedy;
6. Referring any matter before the court to the proper state or municipal agency for
investigation and report and granting a continuance of the action or complaint pending
receipt of such investigation and report. When such a continuance is granted, the tenant
shall deposit with the court rents within five days of date due under the rental agreement,
subject to any abatement under this section, which become due during the period of the
continuance, to be held by the court pending its further order;
7. In its discretion, ordering escrow funds disbursed to pay a mortgage on the property in
order to stay a foreclosure;
8. In its discretion, ordering escrow funds disbursed to pay a creditor to prevent or satisfy
a bill to enforce a mechanic's or materialman's lien. Notwithstanding any provision of
this subsection, where an escrow account is established by the court and the condition or
conditions are not fully remedied within six months of the establishment of such account,
and the landlord has not made reasonable attempts to remedy the condition, the court
shall award all moneys accumulated in escrow to the tenant. In such event, the escrow
shall not be terminated, but shall begin upon a new six-month period with the same result
if, at the end thereof, the condition or conditions have not been remedied.
D. The initial hearing on the tenant's assertion filed pursuant to subsection A shall be
held within fifteen calendar days from the date of service of process on the landlord as
authorized by § 55-248.12, except that the court shall order an earlier hearing where
emergency conditions are alleged to exist upon the premises, such as failure of heat in
winter, lack of adequate sewage facilities or any other condition which constitutes an
immediate threat to the health or safety of the inhabitants of the leased premises. The
court, on motion of either party or on its own motion, may hold hearings subsequent to
the initial proceeding in order to further determine the rights and obligations of the
parties. Distribution of escrow moneys may only occur by order of the court after a
hearing of which both parties are given notice as required by law or upon motion of both
the landlord and tenant or upon certification by the appropriate inspector that the work
required by the court to be done has been satisfactorily completed. If the tenant proceeds
under this subsection, he may not proceed under any other section of this article as to that
breach.
——————————
Article 5.
Landlord Remedies.
§ 55-248.31. Noncompliance with rental agreement.
A. Except as provided in this chapter, if there is a material noncompliance by the tenant
with the rental agreement or a violation of § 55-248.16 materially affecting health and
safety, the landlord may serve a written notice on the tenant specifying the acts and
omissions constituting the breach and stating that the rental agreement will terminate
upon a date not less than 30 days after receipt of the notice if the breach is not remedied
in 21 days, and that the rental agreement shall terminate as provided in the notice.
B. If the breach is remediable by repairs or the payment of damages or otherwise and the
tenant adequately remedies the breach prior to the date specified in the notice, the rental
agreement shall not terminate.
C. If the tenant commits a breach which is not remediable, the landlord may serve a
written notice on the tenant specifying the acts and omissions constituting the breach and
stating that the rental agreement will terminate upon a date not less than 30 days after
receipt of the notice. Notwithstanding anything to the contrary contained elsewhere in
this chapter, when a breach of the tenant's obligations under this chapter or the rental
agreement involves or constitutes a criminal or a willful act, which is not remediable and
which poses a threat to health or safety, the landlord may terminate the rental agreement
immediately and proceed to obtain possession of the premises. For purposes of this
subsection, any illegal drug activity involving a controlled substance, as used or defined
by the Drug Control Act (§ 54.1-3400 et seq.), by the tenant, the tenant’s authorized
occupants, or the tenant’s guests or invitees, shall constitute an immediate nonremediable
violation for which the landlord may proceed to terminate the tenancy without the
necessity of waiting for a conviction of any criminal offense that may arise out of the
same actions. In order to obtain an order of possession from a court of competent
jurisdiction terminating the tenancy for illegal drug activity or for any other action that
involves or constitutes a criminal or willful act, the landlord shall prove any such
violations by a preponderance of the evidence. However, where the illegal drug activity is
engaged in by a tenant’s authorized occupants, or guests or invitees, the tenant shall be
presumed to have knowledge of such illegal drug activity unless the presumption is
rebutted by a preponderance of the evidence. The initial hearing on the landlord's action
for immediate possession of the premises shall be held within 15 calendar days from the
date of service on the tenant; however, the court shall order an earlier hearing when
emergency conditions are alleged to exist upon the premises which constitute an
immediate threat to the health or safety of the other tenants. After the initial hearing, if
the matter is scheduled for a subsequent hearing or for a contested trial, the court, to the
extent practicable, shall order that the matter be given priority on the court's docket. Such
subsequent hearing or contested trial shall be heard no later than 30 days from the date of
service on the tenant. During the interim period between the date of the initial hearing
and the date of any subsequent hearing or contested trial, the court may afford any further
remedy or relief as is necessary to protect the interests of parties to the proceeding or the
interests of any other tenant residing on the premises. Failure by the court to hold either
of the hearings within the time limits set out herein shall not be a basis for dismissal of
the case.
D. If the tenant is a victim of family abuse as defined in § 16.1-228 that occurred in the
dwelling unit or on the premises and the perpetrator is barred from the dwelling unit
pursuant to § 55-248.31:01 based upon information provided by the tenant to the
landlord, or by a protective order from a court of competent jurisdiction pursuant to §
16.1-253.1, 16.1-279.1, or subsection B of § 20-103, the lease shall not terminate due
solely to an act of family abuse against the tenant. However, these provisions shall not be
applicable if (i) the tenant fails to provide written documentation corroborating the
tenant's status as a victim of family abuse and the exclusion from the dwelling unit of the
perpetrator no later than 21 days from the alleged offense or (ii) the perpetrator returns to
the dwelling unit or the premises, in violation of a bar notice, and the tenant fails
promptly to notify the landlord within 24 hours thereafter that the perpetrator has
returned to the dwelling unit or the premises, unless the tenant proves by a preponderance
of the evidence that the tenant had no actual knowledge that the perpetrator violated the
bar notice, or it was not possible for the tenant to notify the landlord within 24 hours, in
which case the tenant shall promptly notify the landlord, but in no event more than 7 days
thereafter. If the provisions of this subsection are not applicable, the tenant shall remain
responsible for the acts of the other co-tenants, authorized occupants or guests or invitees
pursuant to § 55-248.16, and is subject to termination of the tenancy pursuant to the lease
and this chapter.
E. If the tenant has been served with a prior written notice which required the tenant to
remedy a breach, and the tenant remedied such breach, where the tenant intentionally
commits a subsequent breach of a like nature as the prior breach, the landlord may serve
a written notice on the tenant specifying the acts and omissions constituting the
subsequent breach, make reference to the prior breach of a like nature, and state that the
rental agreement will terminate upon a date not less than 30 days after receipt of the
notice.
F. If rent is unpaid when due, and the tenant fails to pay rent within five days after written
notice is served on him notifying the tenant of his nonpayment, and of the landlord's
intention to terminate the rental agreement if the rent is not paid within the five-day
period, the landlord may terminate the rental agreement and proceed to obtain possession
of the premises as provided in § 55-248.35. If a check for rent is delivered to the landlord
drawn on an account with insufficient funds and the tenant fails to pay rent within five
days after written notice is served on him notifying the tenant of his nonpayment and of
the landlord's intention to terminate the rental agreement if the rent is not paid by cash,
cashier's check or certified check within the five-day period, the landlord may terminate
the rental agreement and proceed to obtain possession of the premises as provided in §
55-248.35. Nothing shall be construed to prevent a landlord from seeking an award of
costs or attorneys’ fees under § 8.01-27.1 or civil recovery under § 8.01-27.2, as a part of
other damages requested on the unlawful detainer filed pursuant to § 8.01-126 provided
the landlord has given notice in accordance with § 55-248.6, which notice may be
included in the five-day termination notice provided in accordance with this section..
G. Except as provided in this chapter, the landlord may recover damages and obtain
injunctive relief for any noncompliance by the tenant with the rental agreement or § 55-
248.16. The landlord shall be entitled to recover reasonable attorneys' fees unless the
tenant proves by a preponderance of the evidence that the failure of the tenant to pay rent
or vacate the premises was reasonable. If the rental agreement provides for the payment
of reasonable attorneys' fees in the event of a breach of the agreement or noncompliance
by the tenant, the landlord shall be entitled to recover and the court shall award
reasonable attorneys' fees in any action based upon the tenancy in which the landlord
prevails, including but not limited to actions for damages to the dwelling unit or
premises, or additional rent, regardless of any previous action to obtain possession or
rent, unless in any such action, the tenant proves by a preponderance of the evidence that
the tenant's failure to pay rent or vacate was reasonable.
§ 55-248.31:01. Barring guest or invitee of tenants.
A. A guest or invitee of a tenant may be barred from the premises by the landlord upon
written notice served personally upon the guest or invitee of the tenant for conduct on the
landlord's property where the premises are located which violates the terms and
conditions of the rental agreement, a local ordinance, or a state or federal law. A copy of
the notice must be served upon the tenant in accordance with this chapter. The notice
shall describe the conduct of the guest or invitee which is the basis for the landlord's
action.
B. In addition to the remedies against the tenant authorized by this chapter, a landlord
may apply to the magistrate for a warrant for trespass, provided the guest or invitee has
been served in accordance with subsection A.
C. The tenant may file a tenant's assertion, in accordance with § 55-248.27, requesting
that the general district court review the landlord's action to bar the guest or invitee.
§ 55-248.31:1. Sheriffs authorized to serve certain notices; fees therefore.
The sheriff of any county or city, upon request, may deliver any notice to a tenant on
behalf of a landlord or lessor under the provisions of § 55-225 or § 55-248.31. For this
service, the sheriff shall be allowed a fee not to exceed twelve dollars.
§ 55-248.32. Remedy by repair, etc.; emergencies.
If there is a violation by the tenant of § 55-248.16 or the rental agreement materially
affecting health and safety that can be remedied by repair, replacement of a damaged
item or cleaning, the landlord shall send a written notice to the tenant specifying the
breach and stating that the landlord will enter the dwelling unit and perform the work in a
workmanlike manner, and submit an itemized bill for the actual and reasonable cost
therefor to the tenant, which shall be due as rent on the next rent due date, or if the rental
agreement has terminated, for immediate payment.
In case of emergency the landlord may, as promptly as conditions require, enter the
dwelling unit, perform the work in a workmanlike manner, and submit an itemized bill
for the actual and reasonable cost therefor to the tenant, which shall be due as rent on the
next rent due date, or if the rental agreement has terminated, for immediate payment.
The landlord may perform the repair, replacement, or cleaning, or may engage a third
party to do so.
§55-248.33. Remedies for absence, nonuse and abandonment.
If the rental agreement requires the tenant to give notice to the landlord of an anticipated
extended absence in excess of seven days and the tenant fails to do so, the landlord may
recover actual damages from the tenant. During any absence of the tenant in excess of
seven days, the landlord may enter the dwelling unit at times reasonably necessary to
protect his possessions and property. The rental agreement is deemed to be terminated by
the landlord as of the date of abandonment by the tenant. If the landlord cannot determine
whether the premises have been abandoned by the tenant, the landlord shall serve written
notice on the tenant in accordance with § 55-248.6 requiring the tenant to give written
notice to the landlord within seven days that the tenant intends to remain in occupancy of
the premises. If the tenant gives such written notice to the landlord, or if the landlord
otherwise determines that the tenant remains in occupancy of the premises, the landlord
shall not treat the premises as having been abandoned. Unless the landlord receives
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written notice from the tenant or otherwise determines that the tenant remains in
occupancy of the premises, upon the expiration of seven days from the date of the
landlord's notice to the tenant, there shall be rebuttable presumption that the premises
have been abandoned by the tenant and the rental agreement shall be deemed to terminate
on that date. The landlord shall mitigate damages in accordance with § 55-248.35.
§ 55-248.34:1. Landlord's acceptance of rent with reservation.
A. Provided the landlord has given written notice to the tenant that the rent will be
accepted with reservation, the landlord may accept full payment of all rent and receive an
order of possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Chapter 13 (§ 8.01-374 et seq.) of Title 8.01. Such notice shall
be included in a written termination notice given by the landlord to the tenant in
accordance with § 55-248.31 or in a separate written notice given by the landlord to the
tenant within five business days of receipt of the rent. Unless the landlord has given such
notice in a termination notice in accordance with § 55-248.31, the landlord shall continue
to give a separate written notice to the tenant within five business days of receipt of the
rent that the landlord continues to accept the rent with reservation in accordance with this
section until such time as the violation alleged in the termination notice has been
remedied or the matter has been adjudicated in a court of competent jurisdiction. If the
dwelling unit is a public housing unit or other housing unit subject to regulation by the
Department of Housing and Urban Development, the landlord shall be deemed to have
accepted rent with reservation pursuant to this subsection if the landlord gives the tenant
the written notice required herein for the portion of the rent paid by the tenant.
B. Subsequent to the entry of an order of possession by a court of competent jurisdiction
but prior to eviction pursuant to § 55-248.38:2, the landlord may accept full payment of
any money judgment, award of attorney fees and court costs, and proceed with eviction
provided that the landlord has given the tenant written notice that any such payment
would be accepted with reservation and would not constitute a waiver of the landlord's
right to evict the tenant from the dwelling unit. Such notice shall be given in a separate
written notice given by the landlord within five business days of receipt of payment of
such money judgment, attorney fees and court costs. If the dwelling unit is a public
housing unit or other housing unit subject to regulation by the Department of Housing
and Urban Development, the landlord shall be deemed to have accepted rent with
reservation pursuant to this subsection if the landlord gives the tenant the written notice
required herein for the portion of the rent paid by the tenant.
C. However, the tenant may pay or present to the court a redemption tender for payment
of all rent due and owing as of the return date, including late charges, attorney fees and
court costs, at or before the first return date on an action for unlawful detainer purposes
of this section, "redemption tender" means a written commitment to pay all rent due and
owing as of the return date, including late charges, attorney fees, and court costs, by a
local government or nonprofit entity within 10 days of said return date.
D. If the tenant presents a redemption tender to the court at the return date, the court shall
continue the action for unlawful detainer for 10 days following the return date for
payment to the landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such payment.
Should the landlord not receive full payment of all rent due and owing as of the return
37
date, including late charges, attorney fees, and court costs, within 10 days of the return
date, the court shall, without further evidence, grant to the landlord judgment for all
amounts due and immediate possession of the premises.
E. In cases of unlawful detainer, the tenant may invoke the rights granted in this section
no more than one time during any 12-month period in accordance with § 55-243.
§ 55-248.35. Remedy after termination.
If the rental agreement is terminated, the landlord may have a claim for possession and
for rent and a separate claim for actual damages for breach of the rental agreement,
reasonable attorney's fees as provided in § 55-248.31, and the cost of service of any
notice under § 55-225 or § 55-248.31 or process by a sheriff or private process server
which cost shall not exceed the amount authorized by § 55-248.31:1, which claims may
be enforced, without limitation, by the institution of an action for unlawful entry or
detainer. Actual damages for breach of the rental agreement may include a claim for such
rent as would have accrued until the expiration of the term thereof or until a tenancy
pursuant to a new rental agreement commences, whichever first occurs; provided that
nothing herein contained shall diminish the duty of the landlord to mitigate actual
damages for breach of the rental agreement. In obtaining post-possession judgments for
actual damages as defined herein, the landlord shall not seek a judgment for accelerated
rent through the end of the term of the tenancy.
In any unlawful detainer action brought by the landlord, this section shall not be
construed to prevent the landlord from being granted by the court a simultaneous
judgment for money due and for possession of the premises without a credit for any
security deposit. Upon the tenant vacating the premises either voluntarily or by a writ of
possession, security deposits shall be credited to the tenants' account by the landlord in
accordance with the requirements of § 55-248.15:1.
§ 55-248.36. Recovery of possession limited.
A landlord may not recover or take possession of the dwelling unit (i) by willful
diminution of services to the tenant by interrupting or causing the interruption of electric,
gas, water or other essential service required by the rental agreement or (ii) by refusal to
permit the tenant access to the unit unless such refusal is pursuant to a court order for
possession.
§ 55-248.37. Periodic tenancy; holdover remedies.
A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written
notice on the other at least seven days prior to the next rent due date. The landlord or the
tenant may terminate a month-to-month tenancy by serving a written notice on the other
at least 30 days prior to the next rent due date.
B. If the tenant remains in possession without the landlord's consent after expiration of
the term of the rental agreement or its termination, the landlord may bring an action for
possession and may also recover actual damages, reasonable attorneys’ fees, and court
costs, unless the tenant proves by a preponderance of the evidence that the failure of the
tenant to vacate the dwelling unit as of the termination date was reasonable. The landlord
may include in the rental agreement a reasonable liquidated damage penalty, not to
exceed an amount equal to 150 percent of the per diem of the monthly rent, for each day
the tenant remains in the dwelling unit after the termination date specified in the
landlord's notice. However, if the dwelling unit is a public housing unit or other housing
unit subject to regulation by the Department of Housing and Urban Development, any
liquidated damage penalty shall not exceed an amount equal to the per diem of the
monthly rent set out in the lease agreement. If the landlord consents to the tenant's
continued occupancy, § 55-248.7 applies.
C. In the event of termination of a rental agreement and the tenant remains in possession
with the agreement of the landlord either as a hold-over tenant or a month-to-month
tenant and no new rental agreement is entered into, the terms of the terminated agreement
shall remain in effect and govern the hold-over or month-to-month tenancy, except that
the amount of rent shall be either as provided in the terminated rental agreement or the
amount set forth in a written notice to the tenant, provided that such new rent amount
shall not take effect until the next rent due date coming 30 days after the notice.
§ 55-248.38:1. Disposal of property abandoned by tenants.
If any items of personal property are left in the premises, or in any storage area provided
by the landlord, after the rental agreement has terminated and delivery of possession has
occurred, the landlord may consider such property to be abandoned. The landlord may
dispose of the property so abandoned as the landlord sees fit or appropriate, provided he
has: (i) given a termination notice to the tenant in accordance with this chapter, which
includes a statement that any items of personal property left in the premises would be
disposed of within the twenty-four hour period after termination, (ii) given written notice
to the tenant in accordance with § 55-248.33, which includes a statement that any items
of personal property left in the premises would be disposed of within the twenty-four
hour period after expiration of the seven-day notice period, or (iii) given a separate
written notice to the tenant, which includes a statement that any items of personal
property left in the premises would be disposed of within twenty-four hours after
expiration of a ten-day period from the date such notice was given to the tenant. Any
written notice to the tenant shall be given in accordance with § 55-248.6. The tenant shall
have the right to remove his personal property from the premises at reasonable times
during the twenty-four hour period after termination or at such other reasonable times
until the landlord has disposed of the remaining personal property of the tenant.
During the twenty-four hour period and until the landlord disposes of the remaining
personal property of the tenant, the landlord shall not have any liability for the risk of loss
for such personal property. If the landlord fails to allow reasonable access to the tenant to
remove his personal property as provided in this section, the tenant shall have a right to
injunctive or other relief as provided by law. If the landlord received any funds from any
sale of abandoned property as provided in this section, the landlord shall pay such funds
to the account of the tenant and apply same to any amounts due the landlord by the
tenant, including the reasonable costs incurred by the landlord in selling, storing or
safekeeping such property. If any such funds are remaining after application, the
remaining funds shall be treated as a security deposit under the provisions of § 55-
248.15:1. The provisions of this section shall not be applicable if the landlord has been
granted a writ of possession for the premises in accordance with Title 8.01 and execution
of such writ has been completed pursuant to § 8.01-470.
§ 55-248.38:2. Authority of sheriffs to store and sell personal property removed
from residential premises; recovery of possession by owner; disposition or sale.
Notwithstanding the provisions of § 8.01-156, when personal property is removed from a
dwelling unit pursuant to an action of unlawful detainer or ejectment, or pursuant to any
other action in which personal property is removed from the dwelling unit in order to
restore the dwelling unit to the person entitled thereto, the sheriff shall oversee the
removal of such personal property to be placed into the public way. The tenant shall have
the right to remove his personal property from the public way during the 24 hour period
after eviction. Upon the expiration of the 24 hour period after eviction, the landlord shall
remove, or dispose of, any such personal property remaining in the public way.
At the landlord's request, any personal property removed pursuant to this section shall be
placed into a storage area designated by the landlord, which may be the dwelling unit.
The tenant shall have the right to remove his personal property from the landlord's
designated storage area at reasonable times during the 24 hours after eviction from the
landlord's or at such other reasonable times until the landlord has disposed of the property
as provided herein. During that 24 hour period and until the landlord disposes of the
remaining personal property of the tenant, the landlord and the sheriff shall not have any
liability for the risk of loss for such personal property. If the landlord fails to allow
reasonable access to the tenant to remove his personal property as provided herein, the
tenant shall have a right to injunctive or other relief as otherwise provided by law.
Any property remaining in the landlord's storage area upon the expiration of the 24 hour
period after eviction may be disposed of by the landlord as the landlord sees fit or
appropriate. If the landlord receives any funds from any sale of such remaining property,
the landlord shall pay such funds to the account of the tenant and apply same to any
amounts due the landlord by the tenant, including the reasonable costs incurred by the
landlord in the eviction process described in this section or the reasonable costs incurred
by the landlord in selling or storing such property. If any funds are remaining after
application, the remaining funds shall be treated as security deposit under applicable law.
The notice posted by the sheriff setting the date and time of the eviction, pursuant to §
8.01-470, shall provide notice to the tenant of the rights afforded to tenants in this section
and shall include in the said notice a copy of this statute attached to, or made a part of,
this notice.
§ 55-248.38:3. Disposal of property of deceased tenants.
If a tenant, who is the sole occupant of the dwelling unit, dies, and there is no person
authorized by order of the circuit court to handle probate matters for the deceased tenant,
the landlord may dispose of the personal property left in the premises, or in a storage area
provided by the landlord, provided the landlord has given at least 10 days' written notice
to (i) the person identified in the rental application, lease agreement, or other landlord
document as the authorized person to contact in the event of the death or emergency of
the tenant or (ii) the tenant in accordance with § 55-248.6 if no such person is identified
in the rental application, lease agreement, or other landlord document as the authorized
contact person. The notice given under clause (i) or (ii) shall include a statement that any
items of personal property left in the premises would be treated as abandoned property
and disposed of in accordance with the provisions of § 55-248.38:1,, if not claimed
within 30 days.
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Article 6.
Retaliatory Action.
§ 55-248.39. Retaliatory conduct prohibited.
A. Except as provided in this section, or as otherwise provided by law, a landlord may
not retaliate by increasing rent or decreasing services or by bringing or threatening to
bring an action for possession or by causing a termination of the rental agreement
pursuant to § 55-222 or § 55-248.37 after he has knowledge that: (i) the tenant has
complained to a governmental agency charged with responsibility for enforcement of a
building or housing code of a violation applicable to the premises materially affecting
health or safety; or (ii) the tenant has made a complaint to or filed a suit against the
landlord for a violation of any provision of this chapter; or (iii) the tenant has organized
or become a member of a tenants' organization; or (iv) the tenant has testified in a court
proceeding against the landlord. However, the provisions of this subsection shall not be
construed to prevent the landlord from increasing rents to that charged on similar market
rentals nor decreasing services that shall apply equally to all tenants.
B. If the landlord acts in violation of this section, the tenant is entitled to the applicable
remedies provided for in this chapter, including recovery of actual damages, and may
assert such retaliation as a defense in any action against him for possession.
The burden of proving retaliatory intent shall be on the tenant.
C. Notwithstanding subsections A and B, a landlord may terminate the rental agreement
pursuant to § 55-222 or § 55-248.37 and bring an action for possession if:
1. Violation of the applicable building or housing code was caused primarily by lack of
reasonable care by the tenant or a member of his household or a person on the premises
with his consent;
2. The tenant is in default in rent;
3. Compliance with the applicable building or housing code requires alteration,
remodeling or demolition which would effectively deprive the tenant of use of the
dwelling unit; or
4. The tenant is in default of a provision of the rental agreement materially affecting the
health and safety of himself or others. The maintenance of the action provided herein
does not release the landlord from liability under § 55-248.15:1.
D. The landlord may also terminate the rental agreement pursuant to § 55-222 or § 55-
248.37 for any other reason not prohibited by law unless the court finds that the primary
reason for the termination was retaliation.
§ 55-248.40. Actions to enforce chapter.
Any person adversely affected by an act or omission prohibited under this chapter may
institute an action for injunction and damages against the person responsible for such act
or omission in the circuit court in the county or city in which such act or omission
occurred. If the court finds that the defendant was responsible for such act or omission, it
shall enjoin the defendant from continuance of such practice, and in its discretion award
the plaintiff damages as herein provided.
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THE DECLARATION OF INDEPENDENCE
IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America
hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefit of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies
For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton
Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry
Rhode Island:
Stephen Hopkins, William Ellery
Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott
New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris
New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark
Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross
Delaware:
Caesar Rodney, George Read, Thomas McKean
Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton
Virginia:
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton
North Carolina:
William Hooper, Joseph Hewes, John Penn
South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton
Georgia:
Button Gwinnett, Lyman Hall, George Walton
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The Constitution of the United States:
A Transcription
Note: The following text is a transcription of the Constitution in its original form.
Items that are hyperlinked have since been amended or superseded.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such mminent Danger as will not admit of delay.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
Attest William Jackson Secretary
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,
G°. Washington
Presidt and deputy from Virginia
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
Wm. Saml. Johnson
Roger Sherman
New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
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