UNDERSTANDING YOUR LEASE

(The information contained below may vary according to location. Please check with local, state and federal law.)

Read written leases completely: Before signing a lease, it is important to read and be familiar with all of the terms, rules, and regulations required of the tenant and the landlord. Doing so will help to prevent misunderstandings. Lack of knowledge of the terms does not relieve one of the obligations and responsibilities. Ask questions if you do not understand what the lease requires of you.

Put agreements in writing: Verbal agreements are binding between two parties, but are difficult to prove in a court of law. For example, if a landlord tells a tenant the carpeting will be replaced after the tenant moves in, such a statement is a verbal agreement. The agreement cannot be easily enforced if it is not in writing. SECURITY DEPOSITS

     The law pen-nits landlords to protect themselves against a tenant's noncompliance with the rental agreement by authorizing landlords to collect and hold a security deposit from each tenant in an amount not to exceed two-months rent. At the time the dwelling is vacated, the landlord may withhold all or a portion of the deposit for the collection of unpaid rent (including late fees), damages caused by a tenant beyond reasonable wear and tear, and itemized charges allowed by the rental agreement.

     Interest Payments on Deposits: A security deposit that is held more than 13 months earns interest that begins accruing from the date a tenant enters into a rental agreement. Interest is only credited in six-month increments.

CLAUSES To LOOK FOR IN A LEASE

The following are suggested items to look for when reading through a lease:

• Specific dates of occupancy.
• Amount of monthly rent and date it is due each month.
• Amount of security deposit.
• Responsibility of payment of utilities.
• Responsibility for general maintenance and repairs.
• Sublease: If you sign a 12-month lease but think you may need the dwelling for a shorter period of time, make certain the lease allows you to sublease (rent your dwelling to another person who will assume the remainder of your lease).
• Whether or not pets are allowed.
• Automatic renewal of clause.

CLAUSES To AVOID IN A LEASE

The following are clauses that may be disadvantageous to the tenant and should be avoided in a lease:

• Tenant(s) waive(s) all defects in the building.
• Landlord shall not be responsible for injury to person, including tenant and guests, as a result of any clause.
• Tenant is responsible for all repairs to premises.
• Landlord may enter dwelling without notice.
• Landlord has a lien (a legal claim on the property of another as security for payment of a debt) on all personal property of tenant.

ILLEGAL CLAUSES

When a lease clause violates a law or denies a tenant a right provided by local law, the clause has no legal effect. You may encounter clauses such as the following:

• "Tenant will pay all attorney and court fees"-The judge decides who pays the court costs. Tenants rarely have to pay their landlord's attorney's fees.
• "Waiver of liability"-A lease cannot limit the landlord's financial responsibility if a tenant or guest is injured because of the landlord's negligence or failure to make repairs.
• "Waiver of warranty of habitability or duty to repair"-The court will not enforce a clause that requires the tenant to make repairs of housing code violations. It is the landlord's responsibility.
• "Tenant waives the right to a jury trial"-When faced with eviction, a tenant has the right to a trial by jury or judge. This right cannot be waived by a lease.

TERMINATING A LEASE/CONTRACT

     Once a lease is signed by both the tenant and he landlord, it is legally binding and cannot be broken etc);It under special circumstances. If a situation develops that seriously affects the tenant's heath and safety, or if the landlord willfully reduces the delivery of services such as gas or water, the tenant may break the lease. The Virginia Residential Landlord Tenant Act outlines a specific procedure for terminating the lease under these circumstances; the tenant cannot just move out.

     There are two clauses that deal with termination of the lease that are frequently misunderstood by students. The first is the "Military Clause," allowing termination of the lease to military (and in some cases civilian) personnel who are forced to move because of their employment. This clause in no way applies to nonmilitary students. The second is "The Automatic Renewal Clause," allowing the rental contract to continue from year to year unless written notice of termination is received by the landlord by a date specified in the lease. Should you intend to move out of your dwelling, but forget to send a written notice to that effect, you will be legally and financially bound for another year.

     If a tenant abandons a dwelling unit before the expiration of the rental agreement and the landlord finds a new tenant to rent the unit, then the rental agreement is terminated as of the date the new tenancy begins. The landlord may collect damages (accrued rent, advertising costs, etc.) for the time the dwelling is vacant. Alternatively, the landlord may consider a rental agreement terminated immediately upon learning of the abandonment as a surrender of the dwelling.