In collaboration with NVAR, RAR and FutureLaw, LLC., VAR’s Standard Forms Working Group recently completed a massive overhaul of VAR’s property management forms. You will notice major changes that make the forms more user-friendly and ensure accuracy. Below are a few highlights of the revised forms. Please keep in mind that this article provides highlights; you should read each revised form carefully to ensure you are familiar with all the changes. Residential Lease

• The lease was reformatted to move all blanks that must be filled to the front of the document or immediately before the signature blocks at the end of the lease.

• An “Optional Provisions” section was added to address asbestos, lead-based paint, defective drywall, tenant transfer (non-military), and diplomats.

• A provision was added stating that a violation of any POA or condominium association rule or regulation will constitute a breach of the lease.

• New language was added to require the tenant to pay for the cost of any unnecessary service call and any costs incurred as a result of the tenant failing to keep appointments with service persons that require access in order to make scheduled repairs.

Application for Lease

• The document was reformatted to allow for three applicants on one application. This was done in an easy to read vertical format.

• Language regarding the disposition of the application deposit was clarified. • A provision requiring that fees will be charged per applicant was added. • Disclosures were added concerning defective drywall and military air installations, with

applicable addenda provided. Listing Agreement – Exclusive Right to Lease

• A schedule was added concerning specific appliances, fixtures and amenities to be provided.

• Changes were made pertaining to advertising, listing services, and a provision was added concerning opting out of the Internet.

Property Management and Exclusive Rental Agreement

• A section was added requiring that if the property was constructed prior to 1978, the landlord must use a certified lead-based paint renovator for any repairs to the property.

• New language was added that allows the agent to retain rental payments during the last month of the lease agreement in order to pay outstanding charges affecting the property.

• A provision was added requiring the landlord to keep and maintain all utilities on in the landlord’s name during any periods of vacancy of the property.

• A new Property Management Information Form was added. • A new defective drywall disclosure was added.

Pet Addendum

• New language makes it clear that the pet deposit will not be returned until the end of the lease, even if the pet dies or is removed from the dwelling unit before the end of the lease term.

• A section was added for the tenant to designate a person, and contact phone numbers, for the landlord to contact to care for the pet in the event the landlord is unable to reach the tenant.

• Limitation of liability and indemnification language for the landlord and managing agent were added.

Disclosure of Information on Lead-Based Paint And Lead-Based Paint Hazards

• Language was added to deal with the problem of prospective tenants delivering this form to the landlord signed and initialed before the landlord completes the form.

• Landlord and managing agent immunity provisions from the Virginia Residential Landlord Tenant Act were added.

Guaranty of Lease Agreement

• The language in this form was largely replaced to more accurately reflect the landlord-tenant relationship.

Move-In Move-Out Inspection Report

• The provision regarding visible evidence of mold was clarified. • A provision was added concerning visible evidence of disturbed paint surfaces. • Blocks were updated regarding the charges to be withheld from security deposits, and a

line was added for utility payments. Tenant Consent Form

§ 55-248.9:1 of the Virginia Residential Landlord Tenant Act (VRLTA) concerns confidentiality of tenant records. It lists a number of situations in which the landlord or managing agent can disclose information to third parties; for example, the landlord or managing agent may provide information if subpoenaed in a civil case. It also allows them to disclose information if the tenant gives prior written consent

The new Tenant Consent Form reiterates the statutory exemptions to confidentiality and adds other situations when a landlord may release tenant information. For example, the tenant agrees to the release of information if requested by a property, condominium or similar association in which the unit is located.