Tenant Duties and Landlord Remedies

If you are considering renting an apartment from a landlord or condominium owner or if you are thinking about leasing your property for rent, it is important that you know both the law and the legal instruments that govern landlord tenant relationships in the Commonwealth of Virginia.

Leases:

First, consider the lease. A lease is the contract that governs a landlord-tenant relationship. In contrast, covenants within a lease are generally independent of the lease itself, where if one party breaches a covenant, the other party may still recover dam¬ages but cannot terminate the landlord-tenant relationship in its entirety. Although not covered herein, the doctrines of actual and constructive eviction and the implied warranty of habitability are exceptions to this general rule. In addition, many states including Virginia have created a statutory exception to this general rule which does allow, however, a landlord to terminate a lease for any nonpayment of rent. Below is a brief discussion of a tenant's duty regarding the doctrine of waste and other considerations including ordinary wear and tear as they may or may not be contemplated in any given leasehold agreement.

Tenant's Duty to Repair and the Doctrine of Waste:

A tenant has a duty not to damage (or commit waste on) a leased premises. There are three rules governing waste in a leasehold context, all of which a Landlord may recover for from the tenant in the form of damages should the tenant breach. 1) Voluntary (affirmative) waste results when the tenant intentionally or negligently damages the premises or exploits minerals on the property. 2) Permissive waste occurs when the tenant fails to take reasonable steps to protect the premises from damage from the elements. The tenant is liable for all ordinary repairs, excluding ordinary wear and tear. If the duty is shifted to the landlord (by lease or statute), the tenant has a duty to report deficiencies promptly, and the tenant can assume liability for such deficiencies if not reported in a timely manner pursuant to the lease agreement. 3) Ameliorative waste occurs when the tenant alters the leased property, thereby increasing its value. Generally, the tenant is liable for the cost of restoration. There is a modern exception to this rule, however, which permits a tenant to make this type of change if he is a long-term tenant and the change reflects changes in the neighborhood. Finally, remember that in the absence of a specific reference to ordinary wear and tear, most repair covenants frequently exclude ordinary wear and tear whereby a Landlord usually remains obligated for certain structural and casualty destruction repairs except for damages caused by the tenant.

Single Women, Condo Living and Everything In-Between

womenRecent studies suggest that single women currently make up approximately 47 percent of the condominium buying market in the United States. The reason is pretty obvious, if you think about it. Condominiums are an increasingly popularly housing choice for single women because of the various benefits that condos offer including convenience, security, and often virtually maintenance-free living. For starters, security matters. For single women living alone in large, urban areas, one of the many benefits of living in a condominium are 24-hour concierge and security desks, video and security cameras in hallways and stairwells, and gated or enclosed parking areas. So if you're thinking about buying a condo, carefully consider first the kinds of security features and amenities that are available in the unit; very often peace of mind is worth its weight in condo fees. Additionally, it's important to know your potential new neighborhood. Condominiums tend to be located in urban areas where there are other young, working professionals as well as families. Make sure you know your neighborhood inside and out before you make an offer on a condominium and check the local county website for crime rates, local community news, and other annual statistics and reports. Next, convenience is the key. Another factor that is crucially important when considering buying a condo if you are living as a single professional woman. In many condominium communities and developments there are office personnel to receive packages as well as other day-to-day business services such as dry cleaning, tailoring, and spa and fitness facilities. Some of the larger condominium developments also feature even more advanced amenities such as a grocers, bank branches and ATM's, and many other services that make a single working woman's life just a little easier. Finally, consider maintenance in relation to time and money. Many single family homes require lengthy, time consuming and ongoing maintenance such as painting every three to five years, worrying about pipes freezing during the winter or getting the rain gutters cleaned. While it's true that you as a condo owner must be financially responsible for the upkeep and maintenance of your condo's common area, typically condo associations oversee the day-to-day management of the property itself. What does this mean for the busy single woman? Well, if the doors stick and the roof springs a leak, you can bet that your sassy self won't be called upon to find someone to fix it. But be sure to check your condo buildings' rules and regulations first. Most condo associations have a list of rules and regulations that you will have to agree to before you purchase a unit in the building. These rules may limit the number and weight of pets; how many visitors you can have at a time including how often and for how long; if you can rent out your unit; and when you can have work done in your unit. Ask the listing broker for the complete set of building rules and regulations. Before you make an offer on a condo you want to be sure to consider what matters to you most as a busy single woman and those major concerns include safety and security, convenience and location, and matters of maintenance compared to other home ownerships costs. Happy Hunting Miss Independent!

Properties in

For more information or to set up an appointment call Julie at (703)765-0300.  

Why Rent?

Sample

Renting is a good way to get some firsthand experience with a neighborhood. Renting can let you sign a 1 year lease, say in a Shirlington 2 bedroom condo for example, with the option to continue, if you like the neighborhood. An advantage of this is you can test the waters, to see if you really love the features of this neighborhood or not. If you don’t like where you’re at, say for example, if the 4 bedroom, 2 story home in Lorton is not your style, you can always relocate to another place.

Pay as You Go

Many Americans live pay check to pay check. Upfront, you will have a security deposit, with a rate that depends on your credit score. If you have a good credit score, your property manager might only charge 1 months’ rent, for a security deposit. On the other hand, if you have a poor credit score, your property manager might charge 2 months’ rent, for a security deposit. After this initial fee (which can be refunded if you meet the requirements like passing the move out inspection), it’s nice to know that after a chunk of your paycheck is put into your monthly rent, there’s a good portion left for bills, necessities, and fun expenditures, like neighborhood nightlife or personal hobbies.

Short Term Commitment & Little Investment

Not sure if you want to stay in Northern Virginia, as a Washington DC commuting, GS-5? Do you have plans of living in California and seeing Napa Valley, Los Angeles, and San Francisco firsthand? Are you Active duty military, with upcoming orders for a new assignment, with no interest in the responsibility of becoming a homeowner? If so, these questions might make you lean towards renting, as opposed to buying. It’s nice to know that as a renter, you won’t have to worry about footing the bill for a repair on a roof that is falling apart, paying a monthly a condo fee (that could range anywhere from $150-$700), or paying the bill for a lawn service to pick up the leaves from your $1,000,000 Mount Vernon home, in fall. Overall, renting can be cheaper up front, but it isn’t for everyone. Also, who says you can't just buy later?

Build Your Credit While You Sock Away Savings for a Down Payment

Paying your bills on time is an excellent way to build your credit score, and to show lenders that you know how to manage your money. If you are frugal, you can take a chip off each pay check, to build up a savings for buying a home in the future. The return on applying your savings to the purchase of the home of your dreams can be exponential. For those with an eye on the future, being a responsible tenant can prepare you financially and teach you the accountability necessary for home ownership.

Roommates

Spending time with friends can make for priceless memories. Living together can be fun and slightly cheaper than going solo. The process of getting a group of friends together to rent out a property can be a very rewarding and challenging process. A Nesbitt Realty Realtor, like Stuart Nesbitt, can help make the later stages of finding and renting a property simple. There are many different neighborhoods in Northern Virginia to choose from, that can fit your specific needs (such as being metro accessible, having a main street, Being near a good school, being luxurious, being a certain type of building style [e.g. high-rise or garden style, for example] ,being affordable, or even being off the beaten path).  

What your property manager should know …

Will Nesbitt
Will Nesbitt
If you own rental property, you probably should consider a property manager. If you don't know the answers to these questions, then you should definitely contact us to find out more about our property management services.
  • What is the proper procedure for filing a notice to pay rent?
  • What notices can permissibly be served to a tenant under the terms of a lease?
  • What important legislation is looming on the horizon regarding debt collection?
  • By law, what is the maximum security deposit you can collect in Virginia?
  • What rights do you have (or not have) regarding pets on your property?
  • What amenities are included (or not included) with your property?
  • What are the latest fair credit reporting rules and requirements?
  • What are the Federal and/or State laws that govern fair housing?
  • What questions are you NOT allowed to ask on an application?
  • What laws apply to abandoned personal property left behind by a tenant?
For more information or to set up an appointment call Nesbitt Realty at (703)765-0300.  

What every renter should understand about condominiums.

I field calls every single day from renters who are interested in condominiums.  The names and locations change, but there are a few fundamental misconceptions that are so common, I feel the need to write this note for the general benefit of the world at large.

It looks like an apartment, but it's not an apartment.

First of all, a renter needs to understand the difference between an apartment and a condominium.  An apartment, or any multi-family dwelling, is owned by a single entity. Most usually the owner is a company, but more rarely an individual owns the property. Employees of the apartment complex, or the owner himself, manages the property. A condominium is different because there are many owners, meaning each unit is individually titled.  The owners of a given condominium complex make up something called a condominium association.  The association jointly owns the common areas such as the lobby and the lawns. The association oversees the management of the property.

There is no rental office: you need an agent.

When you rent at an apartment complex, you'll see a big sign that says "RENTAL OFFICE". That office is staffed by folks whose job it is to explain to you why that particular building is the greatest place to live in the world. They are generally helpful and pleasant and they will gladly show you a model apartment and give you an idea of what is "coming available". A condominium complex is completely different.  The condo office is filled with employees of the condominium association.  The employees at the condo office are concerned with the maintenance and security of the building. They couldn't care less where you rent or where you live.  In most condominiums in Northern Virginia, staff won't allow you to enter the property and they won't show you any rentals here or anywhere else.  The staff has no idea what is available or what is "coming available". A condominium complex looks like an apartment building on outside, but it's more like a neighborhood full of townhouses or houses.  In a neighborhood everyone lives in the same place with similar housing but each person owns his own house. If you want to rent in that neighborhood, you CAN'T do so by banging on people's doors and asking them to see their house. Nobody in the neighborhood knows "what's coming available".  If you want to tour a house in a neighborhood, you need a real estate agent. It's the same in a condo.  If you don't have an agent you can't see a condo, or any private residence.  Homeowners don't want strange people walking through their house and they don't want to make allowances unless a real estate agent knows their is a possibility that you can afford the rent.

There are always other options.

If you don't want a rental agent, you do have a choice. You can rent from an apartment complex---less hassles on the front end, more hassles on the back end. Or, you can take your chances on Craigslist.  My advice: Craigslist is great for room shares, but doesn't work so well for grown-ups.

The most important thing every renter should know about condos.

Then, the last and most important thing any renter should know about condos: in today's market purchasing a condo will cost you a few dollars more each month than a renting a condo.  But buying a condo will cost you less on an annual basis. How is this possible?  Condo owners pay association fees and mortgage. Taken together, a first time buyer with a low down payment will have payment slightly higher than a rental. But each year we all file taxes. Renters take a standard deduction. But, property owners can deduct real estate taxes, mortgage interest, depreciation and certain other expenses from their taxes. This can amount to thousands of real dollars in your pocket each year. Don't forget, next year, the renter will get a rent increase.  Next year, the mortgage will be the same. It's your choice, but this is a great time to buy a condo. For more information or to set up an appointment call Stuart at (703)765-0300.
Condos real estate agents
Nesbitt Realty can help you buy and sell real estate in Condos

Phony Landlords Scam Would-Be Renters

An increasingly common scam involves crooks posing as landlords for property they don’t own, taking a deposit from hopeful would-be tenants and then disappearing into the night with the money. The Associated Press reports that Adam Christianson, sheriff of Stanislaus County, says "What you have is primarily young, unsuspecting victims who truly believe they're entering into a legitimate rental agreement. Before you know it, the real [property manager] shows up and says `Why are you here?' Then they're out on the street, and also out the money for first and last month's rent and deposit." One of the best way's to avoid being scammed is to use a rental agent.

Rental Hunting

Rental hunting can be very daunting for some potential renters. Often the variety of options available to these renters is a source of overwhelming frustration for the renters. With so many appealing options it can be difficult to choose just one. However, there are some tips which can help to ease the process of rental hunting. The process of finding the perfect rental can be broken down into three simple steps.
  1. The first step is to set a budget.
  2. Talk to an agent who will research all available options.
  3. Your agent can help you comparison shop to determine which option is the best.
Did you know that a rental agent costs the renter nothing?  Learn more about rental agents. For more information or to set up an appointment call Stuart at (703)765-0300.  

Does the 2 year lease actually assure me of rental income for that time period?

A landlord asks us:
Here is a view of the courtyard at the Royalton
Here is a view of the courtyard at the Royalton

I should know the answer to this question but does the 2 year lease actually assure me of rental income for that time period? In other words, if the tenant breaks the lease after 12 months do I have any financial recourse/protection or do I simply take my losses and start looking for another tenant?

Yes . . . and no. The way our leases (and most leases in the Commonwealth of Virginia) are written, the lease is structured so that the tenant is agreeing to pay a large sum of money for a fixed period of occupancy.  That large sum is then divided into monthly payments. For example, if the monthly rent is $1,000 then a tenant is promising to pay $12,000 for a one year lease.  For a two year lease of the same property the tenant is agreeing to pay $24,000 but will make monthly payments of $1000. The promise is to pay $12,000 not to pay $1,000 per month and this is an important distinction in the law because it means that if the tenant breaks the lease he is still obligated to pay the entire lease amount. But here's where it gets a little complicated.  If the tenant breaches his contract and defaults on the lease, then the landlord can sue and recover the entire amount left on the lease from the tenant.  At the same time, the landlord is obligated to attempt to mitigate his damages.  That means that if the tenant does breach the lease the landlord must try to find a replacement tenant.  However, the tenant is responsible for all the landlord's damages.  For example, if there is an expense for finding a new tenant, the old tenant must pay that cost.  If there is any vacancy between the tenants, the old tenant must pay that to cover the landlord's loss.  And a court will back the landlord up to that point. However, if and when a new tenant is identified then the tenant is off the hook for any further debt which may be left on the lease.  The court will not allow the landlord to let a property sit vacant just because the tenant breached a lease. So the tenant has an obligation to find a new tenant and to minimize vacancy and to pay for any vacancy. But the landlord has an obligation to mitigate his damages. In theory the tenant has obligated himself to pay two years of rent, but in reality things happen and we already have established practices to extract a tenant from a lease. For more information or to set up an appointment call Nesbitt Realty at (703)765-0300.

Help me find a condo for rent!

Here's an email that I recently received and my response. I've changed the names (for privacy's sake), but am posting for the benefit of those who might be seeking a rental agent.
Hello Will,
We are actually interested in working with an agent, as opposed to trying to do the leg work ourselves. My husband is currently stationed in Okinawa, Japan. We are awaiting orders that originally had us relocating this summer. Now it looks more like late October/November, following the new fiscal year.
As mentioned, we will be stateside and staying in DC on Tuesday and Wednesday, June 22/23rd and would like to commit to meeting with an agent who handles rentals. Realizing that one may not know what units will become available in November, it would still provide a head start in preparing for our relocation. We are not familiar with the neighborhoods other than online research and bits of information provided by friends. My husband does wish to be (at least) within walking distance of the metro. We are interested in checking out Old Town Alexandria and other suggested areas.
Thank you for your time.
Regards,
Sally
Dear Sally, I'm happy to provide consultations and advice at no charge. As a rental agent I am the most helpful to renters who know what they want but don't want to spend time and energy chasing dead-ends or stuck in traffic. If you know where you will be working, how many bedrooms you need, what amenities you enjoy, my expertise allows me to very quickly identify a short list of properties that will be of interest to you. I am constantly touring homes, properties and neighborhoods. I know the area's traffic patterns. I know Northern Virginia. You're probably not asking me to do this---but in case you are---I must make clear that I am not available to spend time and resources trying to give you my expertise. It would be impossible for me to do this in a weekend anyway.  Lastly, from a business standpoint, it is not an effective use of my skills or your time to expend resources and time driving around to neighborhoods and going to condo communities in June on the hope that you will will rent something in November. Again, I'm available to chat and offer free advice and provide direction if you would like to follow up with your own footwork. Thanks much for the opportunity. It is appreciated. Sincerely, Will Nesbitt Condo Alexandria \ Nesbitt Realty Alexandria VA 703 765 0300 ext. 224 888 783 6391 (fax)

Properties in

For more information or to set up an appointment call Nesbitt Realty at (703)765-0300.        

Rental Management Services

Here's an email I recently sent to a landlord who has questions about our property management services.
As promised here is my detailed reply. I'm numbering my answers so you can compare to your questions below.
1. We locate tenants with a multi-pronged approach but we primarily attract tenants through the Multiple Listing Service and one of our many websites.  We do a background check on our applicants to learn credit history, employment history, income and criminal record.  We report the results to you along with a positive or negative recommendation depending on what our investigation uncovers.
Listing a property for rent is a separate service apart from property management.  Some landlords only use us to list property for rent.  Some landlords only use us for property management.  Most landlords do both.  Each time the property is listed for rent there is a fee to the landlord.
Our structure is a little different from most companies in that we explain where the commission goes and then let you set the fee as you wish. We make a recommendation for how much the landlord should pay, but allow the landlord to set the fee at any level. I think this makes more sense than setting an arbitrary number.  I would expect by glancing at your property online you will probably want to pay at least one half of one month's rent to list the property, but you may wish to pay as much as three-quarters of a month rent. I can explain this at length when you contact us but in short some landlords sometimes pay higher commissions to attract more attention from agents.
In subsequent years, if the tenant stays on we don't need to market the property and you won't have to pay a commission.  When the tenant moves on we'll need to list the property for rent again. Nearly every landlord is looking for a longer term renter for this reason.  The minimum lease we recommend is 12 months.  In the rare event that a lease is less than 12 months, we pad the rent to recoup the additional expense to the landlord.
2. Our brokerage currently manages about 100 properties.  We are a family business, not a large corporation.  Our landlords and tenants know us personally and we know them personally.  We do have a team approach. For example my wife handles the processing or rent checks and the preparation of monthly reports. My son often helps with dispatching handymen and with move-in and move-out inspections.  But no matter who you talk to the buck always stops with me and no matter who you talk to we generally all know what is going on with our properties.
Currently, we only have one member of the foreign service as a client but we have a good number of clients who are overseas. Some of our overseas clients are high-ranking military, intelligence service agents, foreign nationals who have returned to their home countries, diplomatic persons and I can even call to mind a couple of academics who are in the wilds doing field research. We are well-accustomed to the challenges of dealing with landlords who might be 8 to 12 hours different in time zone and who may or may not have regular access to a phone.
3. I do not own any properties in 22206.  We sold most of our own Northern VA rental properties a few years ago. Even then our properties were not in that zip code.  We still have some property that is out of the area and for that we rely on a property manager.  In fact, the only rentals we've ever had serious problems with are the properties which we owned and personally managed.
As an aside, without effort, I can call to mind 3 properties which we manage and that are in close proximity to your property.  Two of these are condos and one is a single-family residence.  The SFR is owned by an Indian technology guru who returned to India to raise his kids.  One of the two condos is owned by a recently retired judge who move back to his home state.  The third property is owned by a local attorney who does not want the hassle of managing his property. There may be a few more in your neighborhood, but those are the three that pop in my head.
4. We can inspect as often as you like, but we generally only inspect the property once per quarter.  We do not do the inspection ourselves.  Instead, we send a handyman who will check every system on the property and write up any deficiencies along with any recommendations.  There is a small fee for this inspection ($35 or so) to cover the handyman's time.  But we do not charge anywhere near 10% of the monthly rent.  Our rates vary depending upon the property, but we will charge 6.5% of the monthly rent for a property such as yours.
5. We use a software called Rent Manager to track our landlord's expenses and accounts. I will copy this email to my wife Julie who can send you and example report on Monday.
6. We do not charge a fee when the property is vacant.  We are only paid when you are paid.  Money in general does not flow from you to us.  Rather it flows from tenant to our company and then to your pocket.  Rent is due on the first of the month.  Most of the tenants pay sometime between the 29th and 3rd of the month.  There is a grace period until the fifth day of the month.  If rent is not received by the fifth of the month we charge a late fee to the tenant and swiftly ramp up to begin the eviction process. We quickly train any tenants to understand that we do not play around with rent and deadlines.
We pride ourselves on how quickly we get the money to our landlords.  Some companies take 10 to 15 days to process rents.  We usually deposit money into the landlord's bank account within 24 hours of receiving payment.  Because of the extensive background checks mentioned above, we generally don't have much problem with unpaid or late rents.
7. Tenants contact us for repairs and we select the most cost-effective and prompt solution available.  If the repairs are less than around $250 we generally do not get bids, we just make the work happen.  We allow landlords freedom to set their own notification level.  For most condos we recommend a $250 threshold.  For most townhouses and single-family homes we recommend $350.  However, yesterday a newly-made landlord asked that we set that number at $1. (Yes.  ONE dollar.) We will abide by her request.  A few of our busiest landlords don't want to hear about bothered by anything less than $1k.
We do not "mark-up" any maintenance requests.  We do not charge anything extra to manage repairs. Maintenance is not a profit center for us.
8. Property reports are usually delivered just a few days after rents are processed.
Our clients like us because we are very responsive to both tenants and landlords.  We always seek out the most cost-effective solutions for our landlords.  We are not an enormous company.  You can call at any normal hour of the day and most likely reach the principal broker (me).  If you call at a strange hour, you still might reach me.  If you don't reach me, I'll call you back promptly. Most of our competitors charge higher fees than we charge. So we believe that our combination of price and service is very tough to beat.
I look forward to meeting you and thank you for the opportunity to be of service.
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Latest Real Estate Scam Has Agents on Alert

Scammers are scraping rental listings off the Internet and using real estate agents’ identity from the listings to dupe would-be clients.
Is Zillow accurate?
Many consumers have serious doubts about the accuracy of Zillow home value estimates.
Practitioners may not even discover it until the clients confront them, demanding keys for a property they believed they rented and had already mailed a deposit check to the individual they believed was the agent. Scammers are reportedly taking rental listings off Web sites and reposting them at a lower rent than the original listing. The renter than corresponds with the scammer, often through e-mail. Scammers will create e-mail addresses that reflect the listing agent’s name to dupe clients. Scammers will also use a phone number with the agent’s same area code. The latest scam involved a Pocono Lake, Pa., real estate broker who had a client confront him over a rental listing. The scammer reposted a fraudulent listing of the rental property on the site Zillow, which also feeds it to HotPads. The chairman of the Pocono Mountains Association of REALTORS®’ MLS, Malcolm Waring, told Inman News that after hearing about the scam, he’s considering even barring Zillow from posting the MLS’ rental listings, fearing that Zillow may be more vulnerable to these types of scams. Zillow promptly removed the fake listing at Waring’s request so he has decided not to pursue the threat, Inman reports. But he told Inman that if he learns of a similar scam on Zillow or HotPads, he’s prepared to end the listing agreement. Zillow assured Waring and others that after hearing about the scam they are beefing up their security measures. “We take these scams very seriously and we’re always analyzing and exploring new ways to stay ahead of this,” Cynthia Nowak, a Zillow spokesperson, told Inman News. Source: “Sophisticated Zillow Scam Puts NAR and MLS on Alert,” Inman News (May 2, 2013)