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BEFORE YOU SIGN THE LEASE

Before signing a lease, be sure to actually READ it!   If your landlord sues you, you won't win your case by telling the judge you signed the lease without reading it.   But reading the lease is just the first step.   You also need to understand what you're reading.   What does "joint & several liability" mean?   What are the obligations of a guarantor?   What's the difference between a sublease, assignment, roommate change, and re-rental?   If you don't know the answers, check out our primer on leasing terminology.

Second, you should save yourself some potential headaches by checking out our leasing tips.   They could save you thousands of dollars.   Really!

Third, take a look at our sample lease to see what a good lease looks like.

Finally, unless you're absolutely sure that you understand the lease and our helpful leasing tips, make an appointment to see the SLS Attorney for a lease review.

ROOMMATE AGREEMENTS

A roommate agreement is a legally binding contract between you and your roommates.   Normally, a lease only defines the relationship between a landlord and the tenants--not the relationship between the tenants themselves.   For example, a roommate agreement can specify which roommate gets the master bedroom and bath and the amount of extra rent she has to pay.   The landlord doesn't care about the living arrangements of his tenants as long as he gets the total rent due.   Suing your roommate for the rent she didn't pay will be easier if you have a written roommate agreement.   Even if you're not worried about having to sue your roommate, looking over our sample roommate agreement and discussing it with your roommates might help everyone avoid misunderstandings later.

SUBLEASING

The main thing to remember when you're subleasing is that you're still responsible to the landlord for all of the tenant's obligations under the lease.   If your subtenant doesn't pay the rent, your landlord can still hold you responsible.   You should think of yourself as a sub-landlord and act accordingly.   Ask for a security deposit from your subtenant in an amount equal to your own and have the subtenant sign a sublease.

LANDLORD-TENANT LAW

First, you should understand that different rental situations aren't necessarily covered by the same laws.   Apartments are almost always covered by the Virginia Residential Landlord and Tenant Act (VRLTA) (Title 55, Chapter 13.2 of the Virginia Code) while most single-family residences such as houses (and many townhouses) aren't.   (See Virginia Code section 55-248.5(10) in particular.)   All rental properties (including apartments) are covered by the Virginia Code's default Landlord and Tenant provisions (Title 55, Chapter 13).   Note that even if a lease wouldn't normally be covered by the VRLTA, a landlord can always waive his exemption from the act by including a term in the lease stating that the VRLTA applies.

Second, you should understand that tenants are generally better off when their lease is covered by the VRLTA than when it's only under the default provisions.   The VRLTA has provisions covering move-in condition reports, security deposits, mold, access by the landlord, tenant's withholding of rent in certain situations, and a prohibition against making a tenant waive his rights.   None of these subjects are covered under the default provisions.   (Note that starting July 1, 2008, even rentals not covered by the VRLTA will be required to follow the same mold and move-in condition report requirements as rentals covered by the VRLTA.)   So, try to have your lease covered by the VRLTA; but if you can't, at least understand what you're getting into.

WHAT SHOULD YOU DO IF YOU'VE FOLLOWED ALL OF THESE TIPS AND STILL HAVE RENTAL PROBLEMS?

If you're a VT student, make an appointment to see the SLS Attorney.

 

 

DISCLAIMER: The information provided on this website may not be current or valid. You must not rely on the information contained here without first speaking to a licensed attorney. Always speak to a licensed attorney regarding any legal issue you may have.

 

This page is located at http://www.legal.sga.vt.edu/renting.htm.

This page was last updated June 10, 2008.