Office - Virginia Realtors



Property Management Office Policy & ProceduresManualA Guide for Realtors?20210 Edition20210? Virginia REALTORS?, Inc.This is a template created by the Virginia REALTORS? Association. This form has been exclusively printed for the use of REALTOR? and Non-Resident members of Virginia REALTORS?, who may copy or otherwise reproduce this form in identical form with the addition of their company logo. Any other use of this form by REALTOR? and Non-Resident members of Virginia REALTORS?, or any use of this form whatsoever by non-members of the association is prohibited without the prior written consent of Virginia REALTORS?. Notwithstanding the above, no REALTOR? or non- resident member of Virginia REALTORS?, or any other person, may copy or otherwise reproduce this form for purposes of resale.Table of Contents TOC \o "1-2" \h \z \u PANY INFORMATION PAGEREF _Toc1734524 \h 9A.Mission Statement PAGEREF _Toc1734525 \h 9B.Vision Statement PAGEREF _Toc1734526 \h 9C.Contact Information PAGEREF _Toc1734527 \h 92.OFFICE POLICIES PAGEREF _Toc1734528 \h 9A.Office Hours PAGEREF _Toc1734529 \h 9B.Observed Holidays PAGEREF _Toc1734530 \h 10C.Firm Affiliation PAGEREF _Toc1734531 \h 10C.Technology PAGEREF _Toc1734532 \h 11D.Internet Use/Social Media PAGEREF _Toc1734533 \h 11E.Office Security PAGEREF _Toc1734534 \h 12F.Workplace Security PAGEREF _Toc1734535 \h 12G.Office Appearance PAGEREF _Toc1734536 \h 13H.Dress Code PAGEREF _Toc1734537 \h 13I.Eating in The Work Area PAGEREF _Toc1734538 \h 13J.Parking PAGEREF _Toc1734539 \h 13K.Document Retention Policy PAGEREF _Toc1734540 \h 14L.Absences PAGEREF _Toc1734541 \h 15M.Alcohol and Illegal Drug Use PAGEREF _Toc1734542 \h 15N.Insurance PAGEREF _Toc1734543 \h 16O.Associate Safety PAGEREF _Toc1734544 \h 16P.Confidentiality PAGEREF _Toc1734545 \h 173.FORMS PAGEREF _Toc1734546 \h 17A.Standard Forms PAGEREF _Toc1734547 \h 17B.Signatory Authority PAGEREF _Toc1734548 \h 17C.Deadlines PAGEREF _Toc1734549 \h 174.LAWS & REGULATIONS PAGEREF _Toc1734550 \h 17A.Virginia Fair Housing Law PAGEREF _Toc1734551 \h 18B.Licensing PAGEREF _Toc1734552 \h pensation and Cooperation Policies PAGEREF _Toc1734553 \h mission Payments PAGEREF _Toc1734554 \h 23B.Cooperation Policies PAGEREF _Toc1734555 \h 236.AGENCY PAGEREF _Toc1734556 \h 24A.Agency Definitions PAGEREF _Toc1734557 \h 24B.Types of Agency Relationships PAGEREF _Toc1734558 \h 26C.Establishing a Brokerage Relationship PAGEREF _Toc1734559 \h 317.DISCLOSURES PAGEREF _Toc1734560 \h 33A.Agency Disclosures PAGEREF _Toc1734561 \h 33B.Property Condition Disclosures PAGEREF _Toc1734562 \h 35C.Leasing Disclosures PAGEREF _Toc1734563 \h 388.ESCROW PAGEREF _Toc1734564 \h 38A.Security Deposits PAGEREF _Toc1734565 \h 39B.Application Deposits PAGEREF _Toc1734566 \h 43C.Application Fee PAGEREF _Toc1734567 \h 44D.Rent PAGEREF _Toc1734568 \h 45E.Interest in Escrow Accounts: PAGEREF _Toc1734569 \h 46F.Transfer of Escrow PAGEREF _Toc1734570 \h 479.EVICTIONS PAGEREF _Toc1734571 \h 48A.Notice PAGEREF _Toc1734572 \h 48B.Unlawful Detainer PAGEREF _Toc1734573 \h 49C.Eviction PAGEREF _Toc1734574 \h 5010.MARKETING PAGEREF _Toc1734575 \h 52A.Advertising Policies PAGEREF _Toc1734576 \h 52B.Fair Housing PAGEREF _Toc1734577 \h 53C.REALTOR? Trademark PAGEREF _Toc1734578 \h 53D.Business Cards PAGEREF _Toc1734579 \h 53E.Do Not Call / CANSPAM Act PAGEREF _Toc1734580 \h 54F.Electronic/Internet/Social Media Advertising PAGEREF _Toc1734581 \h 54G.Required Advertising Disclosures PAGEREF _Toc1734582 \h 55H.Signs PAGEREF _Toc1734583 \h 55I.Prohibited PAGEREF _Toc1734584 \h 56J.MLS PAGEREF _Toc1734585 \h 57K.Lockboxes PAGEREF _Toc1734586 \h 57L.Photographs/Videos PAGEREF _Toc1734587 \h 57M.Agent/Owner Advertising PAGEREF _Toc1734588 \h 57N.Open Houses PAGEREF _Toc1734589 \h 58O.Procuring Clients PAGEREF _Toc1734590 \h 5811.OWNER POLICIES PAGEREF _Toc1734591 \h 58A.Required Documentation PAGEREF _Toc1734592 \h 58B.Property Access PAGEREF _Toc1734593 \h 59C.Reserve Account PAGEREF _Toc1734594 \h 59D.Mortgage Payments and Association Dues PAGEREF _Toc1734595 \h 59E.Disbursements PAGEREF _Toc1734596 \h 59F.Move-in Condition PAGEREF _Toc1734597 \h 60G.Pool/Spa Policies PAGEREF _Toc1734598 \h 60H.Property Maintenance PAGEREF _Toc1734599 \h 60I.VRLTA PAGEREF _Toc1734600 \h 60J.Property Insurance PAGEREF _Toc1734601 \h 61K.Brokerage Relationship PAGEREF _Toc1734602 \h 61L.Fees PAGEREF _Toc1734603 \h 61M.Property Sale PAGEREF _Toc1734604 \h 61N.HOA/Condo PAGEREF _Toc1734605 \h 61O.Accounting and Recordkeeping PAGEREF _Toc1734606 \h 6212.LEASING APPLICATION PROCESS PAGEREF _Toc1734607 \h 62A.Who Can/Must Fill Out the Application PAGEREF _Toc1734608 \h 62B.Credit Checks PAGEREF _Toc1734609 \h 62C.Verifications PAGEREF _Toc1734610 \h 62D.Resident Selection Criteria PAGEREF _Toc1734611 \h 62E.Denied Applications PAGEREF _Toc1734612 \h 63F.Guarantors PAGEREF _Toc1734613 \h 63G.Section 8 Program PAGEREF _Toc1734614 \h 63H.Criminal Background Screening PAGEREF _Toc1734615 \h 64I.Conditional Approval PAGEREF _Toc1734616 \h 64J.Fees PAGEREF _Toc1734617 \h 64K.Release of Information PAGEREF _Toc1734618 \h 64L.Application Following Court Order of Protection PAGEREF _Toc1734619 \h 65M.Applicant Identification PAGEREF _Toc1734620 \h 6612.LEASING POLICIES AND PROCEDURES PAGEREF _Toc1734621 \h 66A.Contracts PAGEREF _Toc1734622 \h 66B.Showings PAGEREF _Toc1734623 \h 6813.HOA/CONDO ASSOCIATIONS PAGEREF _Toc1734624 \h 69A.Condominium Act PAGEREF _Toc1734625 \h 7014.TENANT MOVE IN PAGEREF _Toc1734626 \h 70A.Failure to Deliver Possession PAGEREF _Toc1734627 \h 70B.Move-In Inspection PAGEREF _Toc1734628 \h 70C.Keys PAGEREF _Toc1734629 \h 71D.Scheduling PAGEREF _Toc1734630 \h 7115.TENANT NOTICE PROCEDURES PAGEREF _Toc1734631 \h 71A.Leasing Notices PAGEREF _Toc1734632 \h 72B.Lease Violations PAGEREF _Toc1734633 \h 7316.TENANT MOVE OUT PAGEREF _Toc1734634 \h 74A.Move Out Inspection PAGEREF _Toc1734635 \h 75B.Abandoned Property PAGEREF _Toc1734636 \h 7517.TENANT POLICIES PAGEREF _Toc1734637 \h 76A.Home Businesses PAGEREF _Toc1734638 \h 76B.Age Requirements PAGEREF _Toc1734639 \h 77C.Access to the Property PAGEREF _Toc1734640 \h 77D.Absence and Abandonment PAGEREF _Toc1734641 \h 78E.Painting PAGEREF _Toc1734642 \h 79F.Keys, Locks and Security Systems PAGEREF _Toc1734643 \h 79G.Renter Insurance PAGEREF _Toc1734644 \h 80H.Property Maintenance PAGEREF _Toc1734645 \h 81I.Utilities PAGEREF _Toc1734646 \h 81J.Noise PAGEREF _Toc1734647 \h 82K.Criminal Activity PAGEREF _Toc1734648 \h 82L.Tenant Death PAGEREF _Toc1734649 \h 82M.Family Abuse PAGEREF _Toc1734650 \h 83N.Early Termination (Non-Military) PAGEREF _Toc1734651 \h 83O.Rent PAGEREF _Toc1734652 \h 8418.ANIMAL POLICY PAGEREF _Toc1734653 \h 86A.Pet Policy PAGEREF _Toc1734654 \h 86B.Assistance Animals PAGEREF _Toc1734655 \h 8619.DISASTER AND BUSINESS CONTINUITY PLANNING PAGEREF _Toc1734656 \h 89A.Fire or Casualty Damage PAGEREF _Toc1734657 \h 89B.Disaster Contingency Planning PAGEREF _Toc1734658 \h 8920VENDOR POLICIES PAGEREF _Toc1734659 \h 89A.Insurance Requirements PAGEREF _Toc1734660 \h 90B.Licensing Requirements PAGEREF _Toc1734661 \h 90C.Other Documentation PAGEREF _Toc1734662 \h 90D.Keys/Access PAGEREF _Toc1734663 \h 90E.Hiring Authority PAGEREF _Toc1734664 \h 90F.Billing PAGEREF _Toc1734665 \h 9021.SMOKE/CARBON MONOXIDE DETECTORS PAGEREF _Toc1734666 \h 90A.Landlord Obligations PAGEREF _Toc1734667 \h 90B.Tenant Obligations PAGEREF _Toc1734668 \h 91C.Maintenance/Inspections PAGEREF _Toc1734669 \h 9122.PROPERTY INSPECTIONS PAGEREF _Toc1734670 \h 91A.Occupied Properties PAGEREF _Toc1734671 \h 91B.Tenant Relocation PAGEREF _Toc1734672 \h 9223.PROPERTY MAINTENANCE PAGEREF _Toc1734673 \h 93A.Landlord Obligations PAGEREF _Toc1734674 \h 93B.Pest Control PAGEREF _Toc1734675 \h 9424.VACANT PROPERTIES PAGEREF _Toc1734676 \h 9525.MOLD PAGEREF _Toc1734677 \h 95A.Move in Inspections PAGEREF _Toc1734678 \h 95B.Tenant Obligations PAGEREF _Toc1734679 \h 96C.Landlord Obligations PAGEREF _Toc1734680 \h 96D.Tenant Relocation PAGEREF _Toc1734681 \h 96E.Testing and Remediation PAGEREF _Toc1734682 \h 97F.Management Obligations PAGEREF _Toc1734683 \h 9726.LEAD BASED PAINT PAGEREF _Toc1734684 \h 98A.Disclosures PAGEREF _Toc1734685 \h 98B.Vendor Certification/Remediation PAGEREF _Toc1734686 \h 9827.TRANSFER OF THE RENTAL PROPERTY PAGEREF _Toc1734687 \h 98A.Sale of Property PAGEREF _Toc1734688 \h 98B.Foreclosure PAGEREF _Toc1734689 \h 9928.Early termination by Military personnel PAGEREF _Toc1734690 \h 100A.Servicemembers Civil Relief Act PAGEREF _Toc1734691 \h 100B.VRLTA PAGEREF _Toc1734692 \h 102APPENDIX A PAGEREF _Toc1734693 \h 104Definitions PAGEREF _Toc1734694 \h 104APPENDIX B Table of Provisions that Must Be Reviewed PAGEREF _Toc1734695 \h 105APPENDIX C List of Resources PAGEREF _Toc1734696 \h 107This edition of the Property Management Office Policy and Procedures Manual (“Manual”) has been published and distributed to the membership of Virginia REALTORS?, Inc. with the hope that the Manual will encourage understanding among Agents and Brokers. The good of the entire membership has been the basis for this template.This Manual contains Suggested Procedures, not obligations. It is primarily intended for residential property management procedures and follows the Virginia Residential Landlord and Tenant Act (“VRLTA”) and Virginia REALTORS? standard forms. Any definitions or reference to Virginia laws or regulations for the purposes of the Manual are not complete. They have been abbreviated to express the general meaning of the terms and not the exceptions. This manual is not meant to serve as a substitute for reviewing the actual language in the laws and regulations. For your reference, all sections reflecting current law are italicized with links to the law provided.Brokers will need to modify some of the suggestions to suit their individual business practices. Some provisions which require brokers to make selections or fill in information have boxes around them and an icon in the margin (). There are also sections where it is suggested that the Company develop a specific policy on the issue and insert it into the manual. Often suggestions of things to consider when developing a policy are included. These sections are highlighted in green and a table of these provisions can be found in REF _Ref22531997 \h APPENDIX B Table of Provisions that Must Be Reviewed. The suggestions in this Manual should not be regarded as opinion or advice for any individual case. This Manual is not intended to render legal, accounting, or other professional services or advice. This is one of many efforts of Virginia REALTORS? to provide educational material to its members so they can reach a higher level of professionalism. Note that the term “Associate” is used throughout the document to include real estate licensees and others who are affiliated with or employed by the Brokerage.Many thanks to all the volunteers who have contributed to this suggested Policy and Procedures Manual and to you, the membership, who use the manual every day.Policy Statement Regarding CompensationUnder policy established by your local association of REALTORS?, Virginia REALTORS?, and the NATIONAL ASSOCIATION OF REALTORS? (NAR) regarding compensation:The Broker’s compensation for services rendered is solely a matter of negotiation between the Broker and his or her client, and is not fixed, controlled, recommended, or maintained by any persons not a party to the compensation pensation paid by a Listing Broker to a Cooperating Broker in respect to any listing is established by the Listing Broker in the offer of compensation, and is not fixed, controlled, or maintained by any person other than the Listing Broker.Policy Statement Regarding Discrimination and Fair HousingIt is the policy of Virginia REALTORS? and its members to comply with the REALTOR? Code of Ethics, local, state and federal fair housing laws and provide for fair housing throughout the Commonwealth of Virginia, to all its citizens, regardless of race, color, religion, national origin, sex, elderliness, familial status, disability, sexual orientation, gender identity, status as a veteran, source of funds, or any other protected class.Antitrust StatementThe Company maintains a strong policy against any antitrust involvement by the Company, its agents or employees. Few obligations can be taken more seriously than this area. The Company requires each person associated with it to be knowledgeable about antitrust concerns. By signing this manual, you acknowledge your understanding of antitrust principles. You should visit and read NAR’s antitrust resources at .Two areas are primary antitrust concerns:Price Fixing: Price fixing means any agreement, setting, consent to, suggestion or implication with a competitor regarding a fee to charge. This includes fees charged to the public, fees split among brokers and fees paid to agents. "Agreement" can be overt, covert, express or implied. It is very broad based and can even be suggested or implied by casual conversation with any competitor.Accordingly, the Company, its agents and staff are prohibited from discussing with competitors any aspect of the fees the Company charges or how total fees are split. The Company determines its charges based on the Company's own independent internal analysis of its expenses, its revenue, its desired profit level and its choice of the type and level of service it desires to provide.In any discussion with a member of the public about our charges (such as at a listing appointment), the only acceptable answer about why the Company charges what it does is the foregoing explanation. Do not be drawn into a discussion about company fees as "the standard rate," "the Board rate," "the typical rate" or the like. If questions arise about other company's fees, suggest that the potential client call several competitors and ask about their rates.Boycotting Competition: It is also a violation of federal law to make any agreement, express or implied, with a competitor to boycott or otherwise not deal with a third party. Even if it were implicit and not overt, it could be construed as an illegal boycott.The Company prohibits any agent or staff member from making any agreement or suggestion with a competitor, including an individual agent, that he/she or the Company will not deal with a third broker or agent, vendor, or other third-party service whether it be a listing company, tenant's brokerage, or any other broker or agent. This includes comments made in social settings and/or on social PANY INFORMATION-45593039941500Mission Statement[A mission statement is a formal summary of the aims and values of a company, organization, or individual. It is intended to clarify the 'what' and 'who' of a company.]-45593040576500Vision Statement[A vision statement adds the 'why' and 'how' as well. As a company grows, its objectives and goals may change.]-47244044450000Contact InformationThe Broker generally will be available during normal business hours to discuss real estate matters. In the case of an emergency after business hours, the Broker may be contacted at this number: __________________________________________________________________.If the Broker cannot be reached, the Associate should not act until he or she is able to contact the Broker. In the Broker’s absence, please contact the following: Office:Managing Broker:-47244018288000Office Phone:Home/Other Phone:Supervising Broker:Office Phone:Home/Other Phone:OFFICE POLICIESOffice HoursMonday:-47244018796000Tuesday:Wednesday:Thursday:Friday:Saturday:Sunday:Note: The above hours are standard business hours for opening and closing the office. Associates who are independent contractors and/or licensed agents set their own hours and appointment times.Observed Holidays -45720054864000The office will not be open during standard business hours on the following holidaysHolidayDate ObservedC.Firm Affiliationi.Joining the BrokerageAll new Associates must sign an Independent Contractor Agreement or other employment agreement. Copies of the signed agreement will be provided to both the Associate and the Broker. All Company rules stated herein must be followed and your acknowledgment of such rules is evidenced by your signature of receipt of this manual. It is important that you keep a copy of this document as it is legally binding and provides information on your rights and responsibilities.ii.During AffiliationBroker and Associates at their separate expense shall keep their licenses issued by the Virginia Real Estate Board in active status, and both at their separate expense shall pay all fees, including license fees and taxes owed to any federal, state, or local governmental jurisdiction and arising out of their respective activities as real estate broker and as real estate salespersons, and neither shall be liable for such fees or taxes owed by the other in the event that the license issued to Broker or Associate by the Virginia Real Estate Board is revoked, suspended, or not renewed for any reason, this agreement shall be suspended. If the license is not reinstated within 30 days, the Independent Contractor Agreement will automatically terminate, unless otherwise noted in the Agreement.All dues or other expenses of Associate arising out of the membership of Associate in any organization, including organizations of brokers, salespersons or both shall be paid by Associate, and Broker shall not reimburse Associate for such payment.Associate may not incur any fees or expenses for services, supplies or materials without prior approval from the Broker if they would bind the Broker and/or Company.iii.Leaving the BrokerageThe Independent Contractor Agreement or employment agreement will govern the disposition of any transactions, representations or commissions that are pending at the time that the Associate leaves the Company. Technology-45720031432500General[Broker should add policy here with respect to Associate use of office technology, including but not limited to: long distance and international telephone charges, personal use, cell phone use, company-provided equipment, duty cell phones, two-way radios, messages, phone services, tablets, laptops, etc.]Cell Phone UseDistracted driving is a serious risk to the public and our Associates. Associates are expected to refrain from using their cell phones while driving. This includes making or receiving calls, texting, or checking email, and applies whether traffic is slow or stopped. If a call must be taken while driving, Associates are advised to keep the call short and use hands free options, or pull over for the duration of the call. Effective January 1, 2021, it is unlawful for individuals to hold a handheld personal communications device while driving a motor vehicle in Virginia.Internet Use/Social MediaSocial media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s blog, journal or diary, personal web site, social networking or affinity website, web bulletin board or a chat room, whether or not associated or affiliated with the Company, as well as any other form of electronic communication. Any postings must be in compliance with the policies in this manual, including the Company’s advertising, harassment, and discrimination policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.Associates are not allowed to post anything on social media referencing or including the Company without the consent of the Broker. Never represent yourself as a spokesperson for the Company. If the Company is the subject of the content you are creating, be clear and open about the fact that you are an Associate and make it clear that your views do not represent those of the Company, fellow Associates, members, customers, or suppliers. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of the Company.”Associates shall refrain from using the internet or social media during work time or on equipment we provide, unless it is work-related as authorized by your Supervisor. Do not use company email addresses to register on social networks, blogs or other online tools utilized for personal use.Any posting made by a licensee or on behalf of the Company that could be perceived as trying to induce business must be in compliance with all laws and regulations.Office Security-45720023495000Anyone issued an office key is responsible for the safeguarding of this office. If an office key is lost or stolen, you must immediately inform the Broker. There will be a _______________ charge for replacement of lost or stolen keys. Broker is not responsible for any theft or loss of personal items left in the office. The last person leaving the office must make sure that all accesses into the building are firmly secured, all lighting and business equipment and appliances are turned off, and that the security alarm (if any) is activated before leaving the building.Office KeysAll Associates are provided with office keys and may use the office at their own discretion.-48006026479500Security System[If your office has a security system, put instructions for setting, disarming, and the codes here.]Workplace SecurityHarassmentProfessional behavior is a requirement around your fellow Associates, Brokers, managers, Company employees, staff, clients, and customers. Harassment, including verbal, physical, visual, religious, and sexual, is strictly prohibited in this office. A list of things that can be considered harassment include, but are not limited to:Any racial, ethnic, sexual, or religious jokes/slurs or insults;Any physical conduct such as unwelcome touching, groping, grabbing, or pinching;Any visual renderings of sexually suggestive materials or materials negatively reflecting an individual’s ethnicity, race, ancestry, or sexual preference; andAny unwelcome sexual advances, physically, verbally, and visually of a sexual nature that has a purpose or effect of work performance interference, intimidation, or hostile/offensive working atmosphere.In the event an employee, Associate, or any other staff person feels that he or she has been harassed, the incident must be reported immediately to the office manager or Broker. The anonymity of the accuser, as well as the accused, shall be held in confidentiality by the manager and/or Broker to the extent possible. An investigation will commence and a written report will be filed. If the allegation involves the manager or Broker as the accused of such action, an outside investigator may be retained. Retaliation against complainants is strictly prohibited. Any employee, Associate or staff engaging in harassment may be subject to disciplinary action up to and including reprimand, counseling, suspension, and termination.-45720033655000Weapons Policy[If Broker has a policy on weapons in the workplace, add it here. Things to consider include, but are not limited to: what is a weapon, concealed carry permits, weapons on showings/open houses, policy for tenants/public, etc.]Office AppearanceIt is your responsibility to keep your work area in a clean, tidy, professional manner. Any conference, meeting, or common areas used must be reorganized and tidied after usage including turning off lights and appliances.Dress CodeProfessional manner of dress is a requirement when serving the public in real estate transactions and when representing the Broker.-38792721240300[If Broker has additional policy on dress code in the workplace, add it here. Things to consider include, but are not limited to: what is professional, are there exceptions (when showing farms, etc.) etc.]Eating in The Work Area-4572008191500Food and meals should be eaten in the designated area. The designated area is: ParkingThe closest parking spaces are reserved for customers or clients. Please park in all other available spaces.Document Retention Policy HYPERLINK "" 18 VAC 135-20-185. Maintenance and Management of Financial Records.40 CFR 745.113 – Certification and acknowledgment of disclosure.NOTE: Brokers should consult with tax and legal counsel to determine the appropriate retention periods for files. The following requirements are from the Real Estate Board RegulationsAll brokerage agreements, dual agency disclosures, and designated agency disclosures will be retained for a period of 3 years from the date of execution, as per the regulations. All disclosures to unrepresented parties will be retained for a period of 3 years from the date provided to the party, as per the regulations. A complete and legible copy of all executed contracts of sale, executed releases, executed lease agreements, executed property management agreements, and each settlement statement related to a real estate transaction will be retained for a period of 3 years from the date of closing or from ratification (if the transaction fails to close), as per the regulations. A complete and accurate record of receipts and disbursements for moneys received on behalf of others will be retained for a period of 3 years from the date or closing or termination of the sales transaction or termination of lease or conclusion of a licensee’s involvement in a lease, as per the regulations. The records must show: from whom the money was received; the date of receipt; the place of deposit; the date of deposit; and, the final disposition of the funds.A completed copy of the lead-based paint disclosure form, where applicable, must be kept for no less than 3 years from the commencement of the leasing period.Brokerage Firm Document Retention Policy[Add the Firm’s document retention policy here. Some items to consider in drafting a policy include:-457200254000The regulatory requirements for documents retained and time periodsRetained documents and records may be kept in electronic form or hard copyWhere documents need to be keptAgents keeping separate copies of documentsRequired document destructionAgent’s responsibility for retaining documents/compliance with the policy]AbsencesIndependent ContractorsBroker does not control Associate’s time off. However, if an Associate plans to be absent from the office (i.e., out of town) for any period of time, he or she must inform the Broker prior to the scheduled absence. Additionally, another Associate must be scheduled to cover for the Associate during this absence. Failure to arrange coverage by another Associate will require Broker to make necessary assignments and determine the appropriate commission split, if applicable.In instances of unexpected absences (i.e., illness), the Associate must inform the Broker as soon as possible. When possible, another Associate should be scheduled to cover for the Associate during this absence. If the Associate cannot or does not arrange coverage by another Associate, Broker will make necessary assignments and determine the appropriate commission split, if applicable.-45720033655000Employees[Broker should enter their policy for employee vacation time and sick leave here. Items to consider when drafting a policy include: notice, amount of time, how time is earned (accrued or granted at the start of each year), carryover restrictions/limitations, coverage, and process for requesting/approving time.]Alcohol and Illegal Drug UseSubstance UseAlcohol and drug abuse and use are strictly prohibited while engaged in real estate brokerage transactions and shall not be present or used during work hours unless the drug is medically prescribed under the supervision of a health care provider. Drug and alcohol use in the workplace may be grounds for termination. Client or Customer Substance UseAn Associate should discourage the use of drugs or alcohol by any party during a transaction. Upon discovering that a party is under the influence of either drugs or alcohol, the Associate should take appropriate action to terminate that day’s activity and suggest that they discuss or contemplate the transaction another time.SmokingSmoking includes both tobacco products and electronic cigarettes and/or vaping. Only designated smoking areas are to be used for smoking. All other areas are considered nonsmoking areas. In the presence of parties to transactions, while taking property tours, and while meeting in the Broker’s facility, smoking is not permitted. InsuranceAutomobile insurance-45720046355000Each Associate of the Company should carry adequate automobile insurance to protect not only the Associate but also the customer or client. In today’s legal climate, liability coverage of $ per person/$ per accident should be obtained. Any lesser amounts could cause unnecessary exposure of personal assets. Consult carefully with your insurance agent. The Associate must name (Company name) as an additional insured and provide the Company with a certificate reflecting that status.-46482020637500E&O InsuranceLicensed agents FORMCHECKBOX will OR FORMCHECKBOX will not be covered under the Broker’s E&O insurance policy. This coverage will be paid for by .-45720014922500Other InsuranceLicensed agents FORMCHECKBOX will OR FORMCHECKBOX will not be covered under the Broker’s ______________ insurance policy. This coverage will be paid for by .[Broker should include any additional insurance coverage here, such as cyber insurance.]Associate SafetyAssociates routinely find themselves in situations in which they are alone with clients or customers about whom they have very little information. The very nature of showing real estate to prospective Tenants, who are virtual strangers, can make Associates susceptible to becoming victims of violent crimes. The Company regards your personal safety as a top priority. If possible, work together to ensure personal safety. Use the buddy system. This Company also recommends that all Associates follow three basic safety practices:Identify the person you are working with before you join the person alone, in a car or a rental unit. Preferably meet him or her at the office, copy his or her driver’s license and make sure someone from the office knows where you will be going with the person. Always carry your cell phone with you and make sure it is fully charged and has reception. Program 911 into speed dial and do not hesitate to call for help.Trust your instincts. If you have a bad feeling, do not second-guess what it is telling you. Listen to your gut feeling and protect yourself.The Company will maintain a current list of all Associates’ vehicle information.ConfidentialityAll records of this office, as well as conversations between Associates, Broker and Associates, and Associates and parties to the transaction, are considered confidential. No files shall be removed from this Company without the permission of the Broker and no other information obtained while working for this Company shall be used to the detriment of the Broker. This means when leaving the Brokerage, Associates must leave all files regarding transactions unless otherwise agreed to in writing by the Broker.All Associates shall also be obligated to honor the confidential information of any client or non-client party to any transaction, as designated in writing on an Agency Disclosure form or other document. All documents stating a party’s confidential information shall be kept in a special locked file to guard against any unauthorized sharing of this information. Access to this information shall be limited to the Associate working with the party and Broker.-46482058864500FORMS-464820171196000[Broker add policy here as to what forms your Company uses and where they can be accessed (i.e. Virginia REALTORS? forms, Zip forms, Instanet, dotloop, etc.)]Standard FormsAll Associates must use standard forms approved by the Broker/Owner. Any changes or modifications to the standard forms are not authorized without prior approval by the broker. Associates are expected to use the most up to date version of all forms.-46482042227500Signatory Authority (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not allow Associates to sign legal forms on behalf of the Broker. If you have any questions, please see your Broker.Deadlines-4648209017000All legal forms associated with a real estate transaction (e.g. brokerage relationships, disclosures, leases, property management agreements, etc.) must be turned into the Broker within __________ days of ratification.LAWS & REGULATIONSAssociates of this Company are expected to follow all federal, local, and Virginia fair housing laws and the REALTOR? Code of Ethics. Any willful violation of fair housing laws and/or ethics will be grounds for termination. If an Associate believes that a member of the Company or a Client is violating fair housing laws, he/she must inform the Broker immediately.Virginia Fair Housing Law HYPERLINK "" § 36-96.1. Declaration of policy.Federal law, Virginia Fair Housing Law and the REALTOR? Code of Ethics provide for 120 protected classes:RaceColorReligionNational OriginGenderFamilial StatusDisabilityElderlinessSexual OrientationGender IdentityStatus as a veteranSource of fundsProhibited Acts§ 36-96.3. Unlawful discriminatory housing practices. 18 VAC 135-50-80. Unlawful Refusal to Sell or Rent or to Negotiate for the Sale or Rental. HYPERLINK "" 18 VAC 135-50-90. Discrimination in Terms, Conditions and privileges and in Services and Facilities.It is unlawful discrimination for any person to refuse to rent after the making of a bona fide offer, or to refuse to negotiate for the rental of, or otherwise make unavailable or deny, a dwelling to any person because of their membership in a protected class.It is unlawful to discriminate against any person in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in the connection with a rental to any member of a protected class. It is unlawful to represent to any person because of their membership in a protected class that any dwelling is not available for inspection or rental when such dwelling is in fact so available.It is unlawful to induce or attempt to induce renting any dwelling by representations regarding the entry or prospective entry into the neighborhood of a member of a protected class. It is unlawful to refuse to rent, or refuse to negotiate for the rental of, or otherwise discriminate or make unavailable or deny a dwelling because of a disability of a Tenant, a person intending to reside in the rental unit, or any person associated with the Tenant.It is unlawful to discriminate against any person in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection therewith because of a disability of (i) that person, (ii) a person residing in or intending to reside in that dwelling after it was rented, or (iii) any person associated with that Tenant.It is unlawful to use different qualification criteria, applications, rental standards or procedures (i.e. income, fees, credit analysis, security deposits, etc.), or lease provisions because of a person’s membership in a protected class. It is unlawful to evict a Tenant because of the Tenant’s membership or the Tenant’s guest’s membership in a protected class. Number of Occupants HYPERLINK "" § 36-96.2. Exemptions.Virginia Fair Housing law does not limit the applicability of any reasonable local, state or federal restriction regarding the maximum number of occupants permitted to occupy a dwelling. All Associates are expected to familiarize themselves with the local ordinances that apply to the Company’s rental units. Source of Funds§ 36-96.2. Exemptions.Virginia Fair Housing law does not prohibit an owner or an owner’s managing agent from denying or limiting the rental or occupancy of a rental dwelling unit to a person because of the person’s source of funds, provided that the owner does not own more than four rental dwelling units in Virginia at the time of the alleged discriminatory housing practice. However, if an owner, whether individually or through a business entity, owns more than a 10 percent interest in more than four dwelling units in Virginia at the time of the alleged discriminatory practice, this exemption does not apply. Additionally, Virginia Fair Housing law does not prohibit an owner or an owner’s managing agent from denying or limiting a person’s rental or occupancy of a rental dwelling unit based on the person’s source of funds if such source is not approved within 15 days of the person’s submission of the request for tenancy approval. Reasonable Modifications HYPERLINK "" § 36-96.3. Unlawful discriminatory housing practices.It is discrimination to refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by any person if the modifications may be necessary to afford such person full enjoyment of the premises. The Landlord may, where it is reasonable to do so, condition permission of the modification on the Tenant’s agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. Reasonable Accommodations§ 36-96.3. Unlawful discriminatory housing practices.§ 36-96.3:2. Reasonable Accommodations; interactive process.It is discrimination to refuse to make reasonable accommodations in rules, practices, policies, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. When a Tenant requests an accommodation and you are unsure whether it must be granted, contact your Broker.All requests for reasonable accommodation shall be determined on a case by case basis. When a request for a reasonable accommodation establishes that such an accommodation is necessary to afford a person with a disability, and who has a disability-related need, an equal opportunity to use and enjoy a dwelling and does not impose either an undue financial and administrative burden or a fundamental alteration to the nature of the operations of the person receiving the request, the request is deemed reasonable and shall be granted.If the requested accommodation may impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person receiving the request, the receiver must offer to engage in a good-faith interactive process to determine if there is an alternative accommodation that would effectively address the disability-related needs of the Tenant. Unless the reasonableness and necessity for the accommodation has been established by the Tenant, a request may be made for additional supporting documentation to evaluate the reasonableness of either the requested accommodation or any identified alternative accommodations.If an alternative accommodation is identified that effectively meets the requester's disability-related needs and is reasonable, the person receiving the reasonable accommodation request shall make the effective alternative accommodation. However, the requester shall not be required to accept an alternative accommodation if the requested accommodation is also reasonable.Factors to be considered in determining whether the requested accommodation imposes an undue financial and administrative burden include (a) the cost of the requested accommodation, including any substantial increase in the cost of the owner’s insurance policy; (b) the financial resources of the person receiving the request, (c) the benefits that the accommodation would provide to the Tenant, and (d) the availability of alternative accommodations that would effectively meet the Tenant’s disability-related needs.After engaging in a good faith interactive process, a request for a reasonable accommodation may be denied if (i) the person on whose behalf the request for an accommodation was submitted is not disabled; (ii) there is no disability-related need for the accommodation; (iii) the accommodation imposes an undue financial and administrative burden on the person receiving the request; or (iv) the accommodation would fundamentally alter the nature of the operations of the person receiving the request.Note: This section does not reference external modifications which are required under the Americans With Disabilities Act. There is a link to the law included in Appendix C. Agents should also refer to the HUD Guidance Document on Assistance Animals. A link to this document is included in Appendix C. Licensing HYPERLINK "" 18 VAC -20-270. Conflict of Interest.Anyone with an active Real Estate Salesperson license from the Virginia Real Estate Board (VREB), even if he or she currently works in an administrative capacity only, is still considered licensed for the purposes of the Laws and Regulations and is held to the same standard as Agents/Licensees.All Real Estate licensees, even if they are only dealing with their own rental properties, are still considered licensed for the purposes of the Laws and Regulations and are held to the same standards as Agents/Licensees working through a Firm.It is a conflict of interest and a violation of the VREB regulations to be active with a real estate Broker other than the licensee's principal Broker, without the written consent of the principal Broker and/or to perform licensed activities for a client outside of the Firm. HYPERLINK "" 18 VAC 135-20-165. Duties of a Supervising Broker.Only a real estate licensee may perform the following activities: Show PropertyHold an Open HouseAnswer questions on listings, financing, contracts, brokerage agreements, and legal documentsDiscuss, explain, interpret, or negotiate a contract, listing, lease agreement, or property management agreement with anyone outside the FirmNegotiate or agree to any commission, commission split, management fee, or referral fee HYPERLINK "" 18 VAC 135-20-260. Prohibited Acts.It is a violation of the regulations for a licensee to negotiate leases for a third party outside of this Firm and/or without a principal Broker.Unlicensed Assistants and Employees HYPERLINK "" 18 VAC 135-20-165. Duties of a Supervising Broker.Anyone with an inactive license (not currently affiliated with the Broker) or who have never been licensed as a Real Estate Salesperson would be considered unlicensed for the purposes of the Law and Regulations.All unlicensed personal assistants are the responsibility of the Broker and Licensee and both may be held liable for their actions. Therefore, Brokers have supervisory oversight over all unlicensed personal assistants hired by Licensees working for the Company.Unlicensed individuals engaging in licensed activity can be sued for damages under the Virginia Consumer Protection Act for actual damages, or $500, whichever is greater.Unlicensed assistants must comply with all MLS and Lockbox rules and regulations. Remember, the VREB regulations prohibit a licensee from allowing unsupervised access to a home without the Owner's authorization. Unlicensed assistants and/or employees are permitted to perform the following activities: General clerical duties, including answering phones, responding by electronic media, and providing information shown on the listing;Submit listings and changes to the MLS (if allowed by the MLS);Have keys made;Place signs on properties;Act as a courier service;Schedule appointments;Record and deposit security deposits and advance rents;Prepare contract forms for approval of the licensee and supervising Broker;Prepare promotional materials and advertisements for approval of the licensee and supervising Broker;Obtain required public information from governmental entities;Monitor license and personnel files;Order routine repairs as directed by licensee; andPerform any other activities undertaken in the regular course of business for which a license is not pensation to unlicensed assistants must be based upon actual work performed. Payment for work performed may not be contingent upon receipt by the licensee of a commission. The recommended practice is to pay assistants directly for work performed on a regular, recurring basis in the manner of either a regular salary or an hourly wage. Seeking advice and guidance from an experienced accountant in managing your employee records is highly recommended.Business Entities§ 54.1-2106.1. Licenses required.Any individual or real estate team operating as a business entity must have a business entity salesperson pensation and Cooperation PoliciesAny changes to the commission/fee structure require Broker approval. Commission PaymentsLicensees who are hired as independent contractors work solely on a commission basis. There is no government withholding taken from commission payments. All commissions paid will be reported on a 1099 at the end of each year to federal and state authorities as required. HYPERLINK "" 18 VAC 135-20-280. Improper Brokerage Commission.Licensees may not accept a commission, fee, or other valuable consideration for any real estate services from any person or entity except the principal or supervising Broker at the time of the transaction. Any referral commissions or fees must be paid to the Broker and will be subject to the commission agreement between the Broker and the Licensee.Cooperation PoliciesAll listings published in the MLS must clearly indicate the compensation offered to cooperating participants (if any) and shall not reveal the total compensation payable when the property is rented. The compensation specified may be shown in one of the following forms:A percentage of the rentAn exact dollar amount.The specific conditions under which bonuses or other offers are made.If there is a modified Listing Agreement, you may be required to indicate this via the MLS. One example is dual or variable rate commissions, which must be disclosed as per the Code of Ethics Standard of Practice 3-4.AGENCY Title 54.1 of the Code of Virginia (Professions and Occupations), Chapter 21 (Real Estate Brokers, Sales Persons and Rental Location Agents) prescribes (1) your obligations and responsibilities as a licensee; (2) types of agency and brokerage relationships; (3) pre-conditions to a brokerage relationship; (4) how to establish a brokerage relationship; and (5) required disclosure of brokerage relationships. The following information provides a starting point for understanding your duties as a licensee. Forms prepared by and available through Virginia REALTORS? will assist you in meeting the requirements of the law, establishing a clear understanding of the relationship with your client, and complying with Article 9 of the Code of Ethics:REALTORS?, for the protection of all parties, shall assure whenever possible that all agreements related to real estate transactions including, but not limited to, listing and representation agreements, purchase contracts, and leases are in writing in clear and understandable language expressing the specific terms, conditions, obligations and commitments of the parties. A copy of each agreement shall be furnished to each party to such agreements upon their signing or initialing. (Amended 1/04)?Agency Definitions HYPERLINK "" § 54.1-2130. Definitions“Agency” means every relationship in which a real estate licensee acts for or represents a person as an agent by such person's express authority in a residential real estate transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement. Nothing prohibits a licensee and a client from agreeing in writing to a brokerage relationship under which the licensee acts as an independent contractor or which imposes additional obligations on a licensee, however, the licensee shall be responsible for the additional obligations agreed to with the client in the Brokerage Agreement."Agent" means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction.“Brokerage Agreement” means the written agreement creating a brokerage relationship between a client and a licensee."Client" means a person who has entered into a brokerage relationship with a licensee."Customer" means a person who has not entered into a brokerage relationship with a licensee. Without having established a brokerage relationship with a person, the person is presumed to be a customer. Accordingly, by law a licensee may only perform “ministerial acts” for that person.“Designated Agent” means a licensee who has been assigned by a principal or supervising Broker to represent a client when a different client is also represented by the Broker in the same transaction."Dual Agent" means a licensee who has a brokerage relationship with both Landlord and Tenant in the same real estate transaction. "Independent Contractor" means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall comply with the legal duties and required disclosures set forth in the Virginia Code. "Limited Service Agent" means a licensee who acts for or represents a client in a residential real estate transaction pursuant to a brokerage agreement that provides that the limited service agent will not provide one or more of the standard agent duties set forth in the Virginia Code. A limited service agent must provide the client, at the time of entering the brokerage agreement, copies of all disclosures required by federal or state law, or local disclosures expressly authorized by state law.“Ministerial Acts” means those routine acts that a licensee can perform for a person that does not involve discretion or the exercise of the licensee’s own judgment. (e.g. filling in the blanks of a contract at the exact direction of a customer.) "Property Management Agreement" means the written agreement between a property manager and the owner of real estate for the management of the real estate.B.Types of Agency RelationshipsLicensees may have different responsibilities depending on whom they represent in a transaction. Virginia law provides clear responsibilities for licensees engaged:By Landlords to lease property,By Tenants, and By Landlords to manage real estate.Standard Agent – Landlord HYPERLINK "" § 54.1-2133. Licensees engaged by landlords to lease property.A Licensee engaged as a standard agent by a Landlord to lease property shall perform in accordance with the terms set forth in the brokerage agreement. The Licensee shall promote the interests of the Landlord by:Conducting marketing activities pursuant to the brokerage agreementSeeking a Tenant at the rent and terms agreed in the brokerage agreement or at a rent and terms acceptable to the LandlordAssisting the Landlord in drafting and negotiating leases and letters of intent to lease, and presenting in a timely manner all written leasing offers or counteroffers to and from the Landlord and Tenant, even when the property is already subject to a lease or a letter of intent to leaseProviding reasonable assistance to the Landlord to finalize the lease agreementThe Licensee shall maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the Landlord consents in writing to the release of such information.The Licensee shall exercise ordinary care.The Licensee shall account in a timely manner for all money and property received by the Licensee in which the Landlord has or may have an interest.The Licensee shall disclose to the Landlord material facts related to the property or concerning the transaction of which the licensee has actual knowledge. The Licensee shall comply with all requirements of the Code of Virginia, fair housing statutes, and VREB regulations for residential real estate transactions. The Licensee shall treat all prospective Tenants honestly and shall not knowingly give them false information. Licensees engaged by a Landlord shall disclose, in writing, to prospective Tenants all material adverse facts pertaining to the physical condition of the property which are actually known by the licensee. If a licensee has actual knowledge of the existence of any pipe, pipe or plumbing fitting, fixture, solder, or flux that does not meet the federal Safe Drinking Water Act definition of “lead free” pursuant to 42 U.S.C. § 300g-6 defective drywall (as defined in the statute) in a residential property, the licensee shall disclose the same to the prospective Tenant. Licensees engaged by a Landlord may, unless prohibited by law or the brokerage agreement, provide assistance to a Tenant, or potential Tenant, by performing ministerial acts. Performing such acts does not violate the licensee's brokerage relationship with the Landlord unless expressly prohibited by the terms of the brokerage agreement, nor shall performing such ministerial acts be construed to form a brokerage relationship with such Tenant or potential Tenant.Licensees engaged by a Landlord may show alternative properties to prospective Tenants, whether as clients or customers, and may represent other Landlords who have other properties for lease.Standard Agent – Tenant -45720014795500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not allow Tenant representation. If you have any questions, please see your Broker. HYPERLINK "" § 54.1-2134. Licensees engaged by tenants.Licensees engaged by a Tenant shall perform in accordance with the terms of the brokerage agreement. Licensees shall promote the interests of the Tenant by:Seeking a lease at a rent and with terms acceptable to the Tenant;Assisting in the drafting and negotiating of leases, letters of intent to lease, and rental applications, and presenting, in a timely fashion, all written offers or counteroffers to and from the Tenant and Landlord; and Providing reasonable assistance to the Tenant to finalize the lease agreement.Licensees engaged by a Tenant shall maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the Tenant consents in writing to the release of such information.Licensees engaged by a Tenant must exercise ordinary care. Licensees must account in a timely manner for all money and property received by the Licensee in which the Tenant has or may have an interest.Licensees must disclose to the Tenant material facts related to the property or concerning the transaction of which the licensee has actual knowledge. Licensees must comply with all requirements of the Code of Virginia, fair housing statutes and VREB regulations. Licensees shall treat all prospective Landlords honestly and shall not knowingly give them false information. If a Licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose it to the prospective Tenant. Licensees engaged by Tenants in a real estate transaction may provide assistance to the Landlord or prospective Landlord by performing ministerial acts. Performing such ministerial acts shall not be construed to violate the Licensee's brokerage relationship with the Tenant unless expressly prohibited by the terms of the brokerage agreement, nor shall performing such ministerial acts be construed to form a brokerage relationship with the Landlord or prospective Landlord.Licensees engaged by Tenants do not breach any duties or obligations to the Tenants by showing properties in which one Tenant-client is interested to other prospective Tenants, whether as clients or customers, by representing other Tenants looking for the same or other properties to lease, or by representing Landlords relative to other properties.Standard Agent – Managing Real Estate HYPERLINK "" § 54.1-2135. Licensees engaged to manage real estate.Licensees engaged to manage real estate shall perform in accordance with the terms of the property management agreement. Licensees shall exercise ordinary care.Licensees shall disclose in a timely manner to the Owner material facts of which the licensee has actual knowledge concerning the property.Licensees shall maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the Owner consents in writing to the release of such information.Licensees shall account for, in a timely manner, all money and property received in which the Owner has or may have an interest. Licensees must comply with all requirements of the Code of Virginia, fair housing statutes, and VREB regulations. A licensee engaged to manage real estate may represent other Owners in the management of other properties.A licensee must disclose actual knowledge of the existence of defective drywall in a residential property.Limited Service Agent-45720018161000 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not allow Limited Service relationships. If you have any questions, please see your Broker. HYPERLINK "" § 54.1-2138.1. Limited service agent in a residential real estate transaction, contract disclosure required.A Licensee may act as a limited service agent in a residential real estate transaction only with a written brokerage agreement in which the limited service agent (i) discloses that the Licensee is acting as a limited service agent; (ii) provides a list of the specific services that the Licensee will provide to the client; and (iii) provides a list of the specific duties of a standard agent set out in the Code of Virginia that the limited service agent will not provide to the client. Independent Contractor-45720022860000 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not allow Independent Contractor relationships with clients for the sale or leasing of property. If you have any questions, please see your Broker. HYPERLINK "" § 54.1-2130. Definitions.An Independent Contractor enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an Independent Contractor and not an Agent; shall only have the obligations agreed to by the parties in the brokerage agreement; and is still obligated to provide the following standard agent duties: confidentiality, ordinary care, accounting, disclosure of property condition, compliance with all fair housing statutes and regulations, honesty to prospective customers, and agency disclosures. Virginia REALTORS?’ Independent Contractor Listing Agreement and most major forms providers include these duties in the Agreement. Brokers: Please note that this is different from your employment/Independent Contractor status with the brokerage. There is a separate Independent Contractor Agreement that defines that relationship.Dual Agent HYPERLINK "" § 54.1-2139. Disclosed dual agency and dual representation authorized in a residential real estate transaction.-4800609080500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not allow dual agency relationships. If you have any questions, please see your Broker.A dual agent is a Licensee who has a brokerage relationship with both the Landlord and Tenant in the same real estate transaction. A dual agent must make mandatory written disclosures to the clients and get written consent from all parties to the transaction before proceeding.In the case of dual agency with two existing clients of the Brokerage Firm, the dual agent may not disclose to either client any information that has been given by the other client in the confidence of the brokerage relationship unless required or permitted by law.In the case of dual agency with one existing client and one new client in the transaction the Licensee cannot advise either party as to the terms to offer or accept in any offer or counteroffer following commencement of the dual agency relationship.The Licensee cannot advise either party in any dispute that arises relating to the transaction.Designated Agent§ 54.1-2139.1. Designated standard agency or designated representation authorized in a residential real estate transaction.-48006016954500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not allow Designated Agency relationships. If you have any questions, please see your Broker.A designated agent is a Licensee who has been assigned by a principal or supervising Broker to represent a client when a different client is also represented by another Licensee affiliated with the same principal or supervising broker in a transaction. (The designated Broker remains the “Dual Agent” in the transaction.) See your forms providers’ form pertaining to designated agency for residential transactions and additional required disclosures contained in the forms. Designated agents or representatives may not disclose, except to the affiliated Licensee's Broker, personal or financial information received from the clients during the brokerage relationship and any other information that the client requests during the brokerage relationship be kept confidential, unless otherwise provided for by law or the client consents in writing to the release of such information. Power of AttorneyIt is possible that a properly drawn Power of Attorney may provide a means to list property and enter into a brokerage agreement. However, drafting a Power of Attorney document is the practice of law and must be limited to attorneys. Company management must be notified and should consult with legal counsel to determine whether the Power of Attorney is acceptable. Establishing a Brokerage Relationshipi.Preconditions HYPERLINK "" § 54.1-2136. Preconditions to brokerage relationship.Prior to entering into any brokerage relationship, a Licensee shall advise the prospective client of:The type of brokerage relationship proposed. Examples include:To represent a client in the lease of a propertyTo represent a client in the management of a propertyTo be a dual agent or designated agentWhether and how the brokerage firm will be compensated and whether the Broker will share such compensation with another Broker who may have a brokerage relationship with the other party in the transaction. For example:How much and how will the brokerage firm be paid by your potential client for acting as a Leasing Agent How much and how will the brokerage firm be paid for representing a Tenant who wants to rent a home What is the amount of compensation the potential clients will pay the brokerage firm if they lease a property on their own while a contractual agreement with the brokerage is in effect?Timing A written brokerage agreement is required prior to having substantive conversation about a specific property. However, the law states that a written brokerage agreement is not required prior to a Licensee’s showing properties to a prospective Tenant (when the Licensee does not represent any party to the transaction). The VREB recently clarified what it means to “show” a property. Showing properties to a prospective Tenant is not merely opening the door and leaving the person(s) unsupervised in the property. Showing a property includes but is not limited to taking the prospective Tenant to the property, walking the individual(s) through the property, and responding to questions or providing information that is of public record; or is included in the listing agreement or description of the property. However, once the potential Tenant requests the licensee’s opinion or use of professional discretion and/or judgment, a written brokerage agreement is required to proceed. -4572008699500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not require a written brokerage agreement prior to showing property when the Licensee does not represent either party. If you have any questions, please see your Broker.Brokerage Agreements HYPERLINK "" § 54.1-2130. Definitions§ 54.1-2137. Commencement and termination of brokerage relationships.A brokerage agreement is the written Agreement creating a brokerage relationship between a client and a Licensee. All brokerage agreements must be in writing and must state whether the Licensee will represent the client as an agent or independent contractor. It must also include the following:A definite termination date; but if it does not, the brokerage relationship shall terminate 90 days after the date of the brokerage agreement;Statement as to the amount of the brokerage fees and how and when such fees are to be paid;Statement as to the services to be rendered by the Licensee;Such other terms of the brokerage relationship as have been agreed to by the client and the Licensee; andIf the client consents to dual or designated representation, the appropriate disclosures.Property Management Agreements§ 54.1-2135. Licensees engaged to manage real estate.Property management agreements in residential real estate transactions shall be in writing and shall include: A definite termination date or duration; but if it does not, the agreement shall terminate 90 days after the date of the agreement;The amount of the management fees and how and when such fees are to be paid;The services to be rendered by the licensee; andOther terms as have been agreed to by the Owner and the property manager.DISCLOSURESAgency DisclosuresVirginia Laws and Regulations specifically address the requirement for Licensees to disclose their brokerage relationships. Disclosures to Unrepresented Parties§ 54.1-2318(B). Disclosure of brokerage relationship in residential real estate transactions HYPERLINK "" 18 VAC 135-20-220. Disclosure of Brokerage Relationships.Licensees must disclose to an actual or prospective Landlord or Tenant, who is not the client of the Licensee and who is not represented by another Licensee, that the Licensee has a brokerage relationship (whether as a standard agent or limited service agent) with another party or parties to the transaction. If another Licensee represents the other party, this disclosure is not required. The disclosure must be in writing and included in all applications for lease or in the lease itself, whichever occurs first. If the terms of the lease do not provide for such disclosure, disclosure shall be made in writing no later than the signing of the lease. Limited Service Agent Disclosures HYPERLINK "" § 54.1-2138.1. Limited service agent in a residential real estate transaction, contract disclosure required.A Licensee acting as a limited service agent must disclose the type of brokerage relationship, a list of specific services that the Licensee will provide to the client, and the specific duties of a standard agent that will not be provided. Virginia REALTORS? limited service agreements include the required disclosure language set forth in the law. Dual Agency Disclosures HYPERLINK "" § 54.1-2139. Disclosed dual agency and dual representation authorized in a residential real estate transaction.A Licensee may not act as a dual agent unless she has first obtained the written consent of all parties to the transaction given after written disclosure of the consequences of such dual agency. This disclosure must be in writing, given to, and signed by both parties prior to the commencement of such dual agency. Designated Agency Disclosures HYPERLINK "" § 54.1-2139.1. Designated standard agency or designated representation authorized in a residential real estate transaction.A Licensee may not act as a designated agent unless he has first obtained the written consent of all parties to the transaction. This disclosure must be in writing, given to, and signed by both parties prior to the commencement of such designated agency. Disclosure of Interest HYPERLINK "" 18 VAC 135-20-210. Disclosure of InterestIf a Licensee knows or should have known that he, any member of his family, his own firm, any member of his firm, or any entity in which he has an ownership interest, is acquiring or attempting to acquire or is selling or leasing real property through purchase, sale, or lease and the Licensee is a party to the transaction, the Licensee must disclose in writing that he is a Licensee and that he, any member of his family, his own firm, any member of his firm, or any entity in which he has an ownership interest has or will have an ownership interest to the other parties to the transaction. This disclosure must be made upon having substantive discussions about specific real property. Property Condition Disclosures HYPERLINK "" 18 VAC 135-20-300. Misrepresentation/Omission.A Licensee representing a Landlord as a standard agent must disclose in a timely manner to a prospective Tenant all material adverse facts pertaining to the physical condition of the property which are actually known by the Licensee. A Licensee must disclose in a timely manner to the Licensee’s own client all material facts related to the property or concerning the transaction when the failure to disclose would constitute failure to exercise ordinary care as defined in the brokerage agreement. Defective DrywallHYPERLINK ""§ 55.1-1218. Required disclosures for properties with defective drywall; remedy for nondisclosure.If the Landlord has actual knowledge of the existence of defective drywall in a dwelling unit that has not been remediated, the Landlord must provide to a prospective Tenant a written disclosure that the property has defective drywall. Such disclosure must be made on the VREB form and provided prior to the execution by the Tenant of a written lease agreement.Any Tenant who is not provided the required disclosure may terminate the lease agreement at any time within 60 days of notice of discovery of the existence of defective drywall by providing written notice to the Landlord in accordance with the lease or as required by law. The termination will be effective as of 15 days after the date of mailing of the notice or the date through which rent is paid, whichever is later, but no longer than one month after the notice is mailed. Methamphetamine Laboratory HYPERLINK ""§ 55.1-1219. Required disclosures for property previously used to manufacture methamphetamine; remedy for nondisclosure.If the Landlord has actual knowledge that the dwelling unit was previously used to manufacture methamphetamine and has not been cleaned up in accordance with the law, the Landlord must provide written disclosure to a prospective Tenant. Disclosure must be provided prior to the execution by the Tenant of a written lease agreement.Any Tenant who is not provided the required disclosure may terminate the lease agreement at any time within 60 days of discovery that the property was previously used to manufacture methamphetamine and has not been cleaned up according to the law by giving written notice to the Landlord as per the lease or as required by law. The termination will be effective as of 15 days after the date of mailing the notice or the date through which rent has been paid, whichever is longer, but no longer than one month from the date of mailing.Mold § 55.1-1215. Disclosure of mold in dwelling units. HYPERLINK ""§ 55.1-1220. Landlord to maintain fit premises.The Landlord shall disclose, as part of the written report of the move-in inspection, whether there is any visible evidence of mold in areas readily accessible within the interior of the dwelling unit. If the Landlord’s report states that there is no visible evidence of mold, this shall be deemed correct unless the Tenant objects in writing within five days after receiving the report. If the Landlord's report states that there is visible evidence of mold, 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 rental unit, notwithstanding the mold, the Landlord must promptly remediate the mold within five business days and then re-inspect to confirm there is no visible evidence of mold and reflect on a new report that there is no mold upon re-inspection.Once mold has been properly remediated in accordance with professional standards, the Landlord is no longer required to disclose a past incidence of mold to subsequent Tenants.Military Air InstallationHYPERLINK ""§ 55.1-1217. Required disclosures for properties located adjacent to a military air installation; remedy for nondisclosure.The Landlord or property manager of property in any locality in which a military air installation is located must 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. This disclosure must be provided prior to the execution by the Tenant of a written lease agreement and must specify the noise zone or accident potential zone in which the property is located according to the official zoning map of the locality.If the Tenant does not receive the required disclosure, she may terminate the lease agreement at any time during the first 30 days of the lease period by sending written notice to the Landlord. The termination will be effective as of 15 days after the date of mailing the notice or the date through which rent has been paid, whichever is later, but no longer than one month from the date of mailing. Lead Based Paint§ 42 U.S. Code 4852d. Disclosure of information concerning lead upon transfer of residential property (1992) 40 CFR 745.107 Disclosure requirements for sellers and lessors.Federal law requires that before signing a lease for housing built before 1978, Landlords must provide the following to the Tenant(s): An EPA-approved lead hazard information pamphlet.Any known information and/or reports concerning the presence of lead-based paint and/or lead-based paint hazards in the property being leased or a statement that no knowledge of a hazard exists. This includes any paint or hazards that have been remediated.Any records or reports pertaining to lead-based paint and/or lead-based paint hazards in the housing being leased, including information about common areas.A lead warning statement as per federal law.A written statement for the Tenant to sign acknowledging the disclosure and receipt of the required information.Lead disclosures are required for all new and all renewals of existing leases unless disclosures have been previously made and no new information pertaining to lead-based paint or lead-based paint hazards has become available since the previous disclosure. If at any time the Landlord’s knowledge of lead information pertaining to the unit changes, he must disclose that to the Tenant(s). If there is a significant change to the lease, such as a rent increase or change in Owner, this is considered a renewal for purposes of this disclosure law.Leasing DisclosuresManagement CompanyHYPERLINK ""§ 55.1-1216. Disclosure of sale of premises.The Landlord or Property Manager must disclose to the Tenant in writing at or before the commencement of tenancy the name and address of the person(s) authorized to manage the premises and any other person authorized to act for and on behalf of the Owner, for the purposes of service of process and receiving and receipting notices and demands.Sex Offender RegistryLandlords and/or Property Managers are not required to disclose any known sex offenders in the immediate neighborhood of the rental unit. If a Tenant asks, or would like to do a search, please direct them to the Virginia State Police Sex Offender Registry Website. A licensee shall not complete this search for the client/customer.ESCROW18 VAC 135-20-180. Maintenance and Management of Escrow Accounts. HYPERLINK "" 18 VAC 135-20-300: 7. Misrepresentation/Omission.As set forth in the Virginia Administrative Code and Real Estate Board Regulations, all rental security deposits, application deposits, rental payments, money advanced by the Broker's client or expended on behalf of the client, or other escrow funds received by the Broker or his Associates on behalf of his client or any other person shall be deposited in a federally insured escrow account that is labeled as such, in a federally insured depository, unless all principals to the transaction have agreed otherwise in writing. All escrow accounts, checks and bank statements must be labeled “escrow” and the account(s) must be designated as “escrow” accounts with the financial institution where the account is established.Funds in an escrow account shall not be paid directly to the licensees of the Firm. Unless otherwise agreed in writing by the principals to the lease or property management agreement, as applicable, a licensee shall not be entitled to any part of the security deposit or to any other money paid to the licensee in connection with any real estate lease as part of the licensee's commission except in accordance with the terms of the lease or the property management agreement, as applicable.Licensees must include in any application or lease identification of all those holding any deposits.The Regulations require all brokers who reasonably believe the improper conduct of a licensee has caused noncompliance with the proper maintenance of an escrow account to report the licensee and incident to the VREB within 3 business days. Due to this requirement, all Associates who do not comply with the laws and regulations regarding deposits of escrow funds will be reported to the VREB and may be subject to termination. Security Deposits§ 55.1-1200. Definitions. And § 55.1-1226. Security deposits."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” does not include a damage insurance policy or renter’s insurance policy, as those terms are defined in § 55.1-1206, purchased by a landlord to provide coverage for a tenant. A Landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent. This amount includes any pet deposit as well. Any security deposit in excess of one month’s rent must be approved in advance in writing by the Owner. This does not apply to prepaid rent.A pet deposit becomes part of and is treated as a security deposit. A pet deposit cannot be charged for an assistance or service animal. Receipt HYPERLINK "" 18 VAC 135-20-180. Maintenance and Management of Escrow Accounts. and HYPERLINK "" § 54.1-2108.1. Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits.Any security deposit held by a Firm or sole proprietorship must be placed in an escrow account by the end of the fifth business banking day following receipt, unless otherwise agreed to in writing by the principals to the transaction. To comply with these requirements, Associates must submit security deposits (including pet deposits), along with a copy of the ratified Lease, in the following manner:716280-4826000Security DepositsShall be presented to: _______ _______ Within what period of time?_________________________________-4724401778000Allowable forms of payment:___________________________________________Payee _________________________________________________________________________________Shall be recorded: ___________________________________________________________________[Other Firm rules about deposits]_________________________________________If you discover that you have not complied with these rules, you must report such non-compliance to the Broker immediately. Failure to comply with this policy may be grounds for termination and repeated violation of this policy will lead to termination.Damages During Tenancy and DeductionsHYPERLINK ""§ 55.1-1226. Security deposits.The Landlord shall notify the Tenant in writing of any deductions 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 for the deductions. No notice is required for deductions made less than 30 days prior to the termination of the rental agreement.The Landlord must maintain and itemize records for each Tenant of all deductions from security deposits for damages in violation of the Tenant’s obligation to maintain the dwelling unit during the preceding two years. Tenant or his authorized agent or attorney must be allowed to inspect the record of deductions at any time during normal business hours.Disbursement18 VAC 135-20-180. Maintenance and Management of Escrow Accounts.HYPERLINK ""§ 55.1-1226. Security depositsUnless the Landlord has otherwise become entitled to receive the security deposit or the property has been sold, the security deposit shall not be removed from an escrow account required by the lease without the written consent of the Tenant.Pursuant to the VRLTA, the Landlord may apply all or part of the security deposit (which includes the Pet Deposit) to the payment of accrued rent and the amount of any damages that have been suffered by Landlord, including but not limited to, physical damages and any damages that may be caused by an assistance animal, appropriate charges to Tenant not previously reimbursed to Landlord, charges that may be due by Tenant to third-party utility providers, and actual damages for breach of this Lease, including attorneys’ fees and costs. Landlord shall have the right to apply the Security Deposit to any outstanding fees, charges or other amounts due first, and then to any unpaid rent. The security deposit 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 back to the Tenant within 45 days after termination of the tenancy or the date the tenant vacates the dwelling unit, whichever is later. Tenant is not entitled to have the security deposit immediately credited against a delinquent rent account.If the termination date is prior to the expiration of the rental agreement or any renewal, or the tenant has not given proper notice of termination, the tenant shall be liable for actual damages. In that case, the landlord shall give written notice of security deposit disposition within the 45-day period but may retain any security deposit balance to apply against any financial obligations of the tenant to the landlord.If 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. The Landlord will then have an additional 15-day period to provide an itemization of the damages and the cost of repair.Where there is more than one Tenant subject to a rental agreement, unless otherwise agreed to in writing by each of the Tenants, disposition of the security deposit shall be made with one check being payable to all the Tenants and sent to a forwarding address provided by one of the Tenants.Change in OwnershipHYPERLINK ""§ 55.1-1226. Security deposits.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 the law and is required to return any security deposit received by the original Landlord 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.Forwarding AddressHYPERLINK ""§ 55.1-1226. Security deposits.If a Tenant fails to provide a forwarding address to the Landlord so that the Landlord can refund of the security deposit, the security deposit statement shall be sent to the Tenant’s last known address. The refund may be retained in the escrow account until the Tenant notifies the Landlord of a forwarding address. Upon the expiration of one year from the date of the end of the 45-day time period, the Landlord may remit the money to the State Treasurer as unclaimed property on a form, including the name, social security number (if known), and the last known address of each Tenant on the rental agreement.Third-Party Utilities HYPERLINK ""§ 55.1-1226. Security deposits.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, provided the Landlord has previously advised the Tenant of his rights and obligations under this law. Landlord must advise Tenant in either (i) a termination notice to the Tenant, (ii) a vacating notice to the Tenant, or (iii) a separate written notice to the Tenant at least 15 days prior to the disposition of the security deposit. Upon payment of such obligations the Landlord shall provide written confirmation to the Tenant within 10 days, along with payment to the Tenant of any balance otherwise due to the Tenant. If the Tenant provides the Landlord with written confirmation of the 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, 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 Tenant’s confirmation. 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.Expedited ProcessingHYPERLINK ""§ 55.1-1226. Security deposits.-4572009779000 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not allow for expedited processing of the security deposit within _________ days for an administrative fee of ______________________. In order to provide expedited processing, the terms must be included in the Tenant’s rental agreement and the Tenant must request expedited processing in a separate written document. Application Deposits-45593017018000 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not require an application deposit in the amount of $______________________________. If you have any questions, please see your Broker.Definition HYPERLINK ""§ 55.1-1200. Definitions.An application deposit is any refundable deposit of money, however denominated, including all money intended to be used as a security deposit under a rental agreement, which is paid by a Tenant to a Landlord for the purpose of being considered as a Tenant for a dwelling unit.Receipt18 VAC 135-20-180. Maintenance and Management of Escrow Accounts. And HYPERLINK "" § 54.1-2108.1. Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property, required deposits.Any application deposit paid by a prospective Tenant to a licensee acting on behalf of a Landlord client shall be placed in escrow by the end of the fifth business banking day following approval of the rental application by the Landlord unless all principals to the lease transaction have agreed otherwise in writing. 66294011049000Application Deposits-4495809588500Shall be presented to: _______ _______ Within what period of time after approval?_______Allowable forms of payment:________________________________________Payee ___________________________________________________________________________Shall be recorded: ______________________________________________________________[Other Firm rules about deposits]____________________________________________________If you discover that you have not complied with these rules, you must report such non-compliance to the Broker immediately. Failure to comply with this policy may be grounds for termination and repeated violation of this policy will lead to termination.DisbursementHYPERLINK ""§ 55.1-1203. Application; deposit, and application fee, and additional information.If the applicant fails to rent the unit for which application was made, the Landlord must 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 from the application deposit, together with an itemized list of said expenses and damages.If, the application deposit was made by cash, certified check, cashier's check, or postal money order, the 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. Application FeeHYPERLINK ""§ 55.1-1200. DefinitionsAn application fee is any nonrefundable fee, which is paid by a Tenant to a Landlord or Managing Agent for the purpose of being considered as a Tenant for a dwelling unit.-4800601778000 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not require an application fee in the amount of $______________________________. If you have any questions, please see your Broker.-48006019812000The application fee may not exceed $50 + actual out of pocket expenses paid to third party screening services in the amount of ___________________________________. 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 application fee must 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.Rent HYPERLINK ""§ 55.1-1200. Definitions 18 VAC 135-20-180. Maintenance and Management of Escrow Accounts. § 55.1-1204. Terms and conditions of rental agreement; copy for tenant; accounting of rental payments."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.Unless otherwise agreed in writing by all principals to the transaction, all prepaid rent and other money paid to the licensee in connection with the lease shall be placed in an escrow account by the end of the fifth business banking day following receipt and remain in that account until paid in accordance with the terms of the lease and the property management agreement, as applicable.The Landlord shall provide the Tenant with a written receipt, upon request from the Tenant, whenever the Tenant pays rent in the form of cash or money order.If the Tenant provides a written request for a written statement of charges and payments, the Landlord shall provide the Tenant with a written statement showing all debits and credits over the tenancy or the past 12 months, whichever is shorter. The Landlord must provide such written statement within 10 business days of receiving the Tenant’s request.Prepaid Rent§ 55.1-1205. Prepaid rent; maintenance of escrow account. 18 VAC 135-20-180. Maintenance and Management of Escrow Accounts. § 54.1-2108.1. Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits.Prepaid rent is any rent paid more than one month in advance of the rent due date.Any prepaid rent paid to a real estate Licensee acting on behalf of a Landlord in connection with the lease must be placed in an escrow account in a federally insured depository authorized to do business in Virginia by the end of the fifth business day following receipt, unless otherwise agreed to in writing by the principals to a lease transaction. Prepaid rent shall remain in the escrow 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, and/or the rent becomes due, it shall not be removed from the escrow account required by this section without the written consent of the Tenant. 64770023241000RentShall be presented to: _______ _______ 45847020701000Within what period of time?_______________________________Allowable forms of payment:________________________________________Payee _________________________________________________________________________________Shall be recorded: ___________________________________________________________________[Other Firm rules about deposits] __________________________________If you discover that you have not complied with these rules, you must report such non-compliance to the Broker immediately. Failure to comply with this policy may be grounds for termination and repeated violation of this policy will lead to termination.Interest in Escrow Accounts: 18 VAC 135-20-180. Maintenance and Management of Escrow Accounts. At least every 6 months, interest accumulated in escrow accounts that belong to the Company shall be moved into operating accounts (unless disposition of escrow interest is otherwise agreed to by parties in contract).Transfer of EscrowSaleHYPERLINK ""§ 55.1-1213. Transfer of deposits upon purchase.Upon sale of the rental property, the current Owner shall transfer any security deposits and any accrued interest due to the Tenant in his possession to the new Owner at the time of the transfer of the rental property. If there is a written property management agreement in place, the current Owner shall provide written notice to the managing agent requesting payment of the security deposits to the current Owner prior to the settlement with the new Owner. Upon receipt of that notice, except in foreclosure sales, the managing agent shall transfer the security deposits to the current Owner and provide written notice to each Tenant that his security deposit has been transferred to the new Owner in accordance with the law.Foreclosure18 VAC 135-20-180: Maintenance and Management of Escrow Accounts. HYPERLINK "" § 54.1-2108.1. Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits.If there is in effect at the date of the foreclosure sale, a Tenant in the residential dwelling unit foreclosed upon and the Landlord is holding a security deposit of the Tenant, the holder of the Landlord’s interest in the dwelling unit at the time of the termination of tenancy must return any security deposit and any accrued interest that is owed to the Tenant, whether or not such security deposit is transferred with the Landlord’s interest, and regardless of any contractual agreements between the original Landlord and his successors. The Landlord is allowed to make lawful deductions from the security deposit in accordance with applicable law.If a real estate licensee is holding escrow funds for the Owner of real property that is foreclosed upon, the licensee has the right to file an interpleader action.No funds shall be transferred to a Landlord client whose property has been foreclosed upon.Termination of Property Management Agreement HYPERLINK "" § 54.1-2108.1. Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits.Except in the event of foreclosure, if a real estate licensee acting on behalf of a Landlord client as a managing agent elects to terminate the property management agreement, the licensee may transfer any funds held in escrow by the licensee on behalf of the Landlord client to the Landlord client without his consent, provided that the real estate licensee provides written notice to each Tenant that the funds have been transferred. In the event of foreclosure, a real estate licensee shall not transfer any funds to a Landlord client whose property has been foreclosed upon.EVICTIONSUnder Virginia law, landlords can evict tenants for several different reasons. Failure to pay rent, multiple remediable breaches of the lease (such as a noise violation), or a nonremediable breach of the lease (such as a criminal conviction or property damage) can serve as the basis for eviction proceedings.Notice§ 55.1-1245. Noncompliance with rental agreement; monetary penalty.A. Except as otherwise provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of §?55.1-1227?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.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.), or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, 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 activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, the landlord shall prove any such violations by a preponderance of the evidence.?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.If the tenant has committed a remediable violation (such as a noise violation or having an unauthorized pet in the unit), the landlord may serve written notice on the tenant stating the specific breach and giving the tenant 21 days to cure. If the tenant does cure within 21 days, the tenant retains possession. If the tenant fails to cure within 21 days, the landlord may terminate the lease no less than 30 days after the original notice. If the tenant cures within 21 days but subsequently commits the same breach, the landlord can give the tenant a notice stating the lease will terminate in 30 days without giving the tenant another opportunity to cure.If the tenant commits a violation that is not remediable (i.e., property damage), the landlord may send the tenant a notice stating that he will terminate the rental agreement no less than 30 days from the date of the notice. If the tenant’s violation is a criminal or willful act that poses a threat to health or safety, the landlord can terminate the rental agreement immediately (without waiting for any associated criminal proceedings to finalize).Unlawful Detainer§ 8.01-126. Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court.In any case when possession of any house, land or tenement is unlawfully detained by the person in possession thereof, the landlord, his agent, attorney, or other person, entitled to the possession may present to a magistrate or a clerk or judge of a general district court a statement under oath of the facts which authorize the removal of the tenant or other person in possession, describing such premises; and thereupon such magistrate, clerk or judge shall issue his summons against the person or persons named in such affidavit. The process issued upon any such summons issued by a magistrate, clerk or judge may be served as provided in §?8.01-293,?8.01-296, or?8.01-299. When issued by a magistrate it may be returned to and the case heard and determined by the judge of a general district court. If the summons for unlawful detainer is filed to terminate a tenancy pursuant to the Virginia Residential Landlord and Tenant Act (§?55.1-1200?et seq.), the initial hearing on such summons shall occur as soon as practicable, but not more than 21 days from the date of filing. If the case cannot be heard within 21 days from the date of filing, the initial hearing shall be held as soon as practicable, but in no event later than 30 days after the date of the filing. If the plaintiff requests that the initial hearing be set on a date later than 21 days from the date of filing, the initial hearing shall be set on a date the plaintiff is available that is also available for the court. Such summons shall be served at least 10 days before the return day thereof.If the notice period has elapsed and the tenant hasn’t cured whatever issue was present (if it could be cured), the landlord can go to a magistrate or General District Court judge and have her issue a summons for unlawful detainer. At that hearing, the tenant can say whether he plans to contest. If so, the judge will set a trial date. At the end of the proceedings (or if the tenant does not contest), the judge can issue a writ of possession if she finds that the evidence is sufficient. The sheriff will receive the writ, but he cannot execute it until the tenant’s 10-day appeal period runs. The sheriff must give notice of the writ at least 72 hours prior to execution. If the issue is late rent, the tenant can pay all outstanding rent/fees/court costs at any time until a judgment is issued and remain in the property. However, the tenant can only do this once during a 12-month period.EvictionAfter the tenant’s appeal period runs (and at least 72 hours before the actual execution date), the sheriff will post the notice on the premises. You or the landlord can continue accepting rent with reservation during this period without halting the eviction proceedings. § 55.1-1255. 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, the premises, or from any storage area provided by the landlord 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 with the writ of eviction 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.There are two types of eviction in Virginia. The first requires the landlord to put all of the tenant’s property on the nearest public right of way. The sheriff guards that property and safeguards the interests of both the tenant and the landlord. The second, and more common, form of eviction is the 24-hour lock change. The landlord takes possession of the property, changes the locks, and gives the tenant 24 hours to access the premises so that he can remove his property. After the 24 hours have expired, the landlord can sell or destroy any remaining property. Only a law enforcement official can actually remove a tenant from a property, and landlords cannot constructively evict tenants by interrupting gas, water, or other essential services.MARKETING HYPERLINK "" 18 VAC 135-20-190. Advertising by Licensees."Advertising" means all forms of representation, promotion and solicitation disseminated in any manner and by any means of communication to consumers for any purpose related to licensed real estate activity. Article 12 of the NAR Code of Ethics states: REALTORS? shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS? shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional. (Amended 1/08)-45720033845500Advertising Policies[Broker: Insert any Company-specific advertising policies here]18 VAC 135-20-290. Improper Dealing. HYPERLINK "" 18 VAC 135-20-190. Advertising by Licensees.Management must approve all advertising – electronic or otherwise – including content and where the advertisement will be posted. This policy covers both print and electronic media advertising (i.e., personal Web sites, blogs and listings posted on any site.)All Licensees and employees are responsible for knowing and complying with all Fair Housing Laws, Antitrust Laws, State Laws and Regulations, and the REALTOR? Code of Ethics in all advertising.The Firm/Company name must be clearly and legibly displayed in all advertising. Before advertising a specific identifiable property, the licensee must obtain the written consent of the Landlord. If property is advertised by general description, and is not listed by the licensee doing the advertisement, the actual type of services offered must be identified in the advertisement.Fair Housing HYPERLINK "" § 36-96.3. Unlawful discriminatory housing practices.It is unlawful to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the rental of a dwelling that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation or discrimination based on membership in a protected class. The use of words or symbols associated with a particular religion, national origin, gender, or race shall be conclusive evidence of an illegal preference, which cannot be overcome by a general disclaimer. Fair Housing LogoThe Company requires the fair housing logo to be included in all advertisements and marketing materials. If you have any questions, please see your Broker.Use of the fair housing logo consistently creates a presumption that the licensee intends to follow fair housing laws. Licensees that use the logo should be careful to use it in all advertisements as selective use has been viewed as discriminatory.REALTOR? TrademarkThe registered symbol (?) must always be used in conjunction with the term REALTOR?. Please see the NAR Trademark Manual for rules on using the term REALTOR?. In most word processing programs, the registered symbol can be added by putting the letter “r” between parentheses or pressing “CTRL” “ALT” and “r” simultaneously. active REALTORS? can use the term REALTOR? in advertising.Business Cards HYPERLINK "" 18 VAC 135-20-190. Advertising by Licensees.All licensee business cards must at least include Licensee's name, the Firm name, and contact information (e.g. telephone number or website address). All Company business cards must meet the following additional requirements: -45720019367500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not provide business cards for licensees. If you have any questions, please see your Broker.-457200-2794000[Enter company policy here. Things to consider in drafting a policy include size, color, logo(s), font size, layout, etc.]Do Not Call / CANSPAM ActThis Company follows all federal and state Do Not Call (DNC) and CANSPAM laws. Failure to follow these rules can lead to sizeable fines. If you are not familiar with DNC requirements, please talk to your Broker. No prospecting calls can be made before 8 a.m. or after 9 p.m. You may want to consider taking a DNC class, developing a business plan, planning with your Broker and keeping a prospect list.All email, fax, and mail solicitation must provide a way for recipients to opt-out of future marketing.If a prospect requests that he or she no longer receive marketing material and/or phone calls, the Associate should immediately remove his or her name, telephone number, and/or email address from any relevant marketing list.-45593019621500[Licensees must be registered with the federal DNC or licensees are able to use Broker’s federal DNC list. This list can be accessed ______________________________________. Lists must be scrubbed every _________ days.]The CANSPAM Act requires that the following information be included in each email advertisement:Valid physical address; Identification that the email is an advertisement;An opt-out method; and There cannot be deceptive subject lines or false or misleading informationElectronic/Internet/Social Media Advertising HYPERLINK "" 18 VAC 135-20-190. Advertising by Licensees.All electronic media listings advertised must be kept current and consistent with the property description and actual status of the listing. The licensee shall update in a timely manner material changes to the listing status authorized by the Landlord or property description when the licensee controls the electronic media site. If the advertisement is on a third-party website, the licensee must make timely written requests for updates reflecting material changes to the listing status or property descriptions. Required Advertising DisclosuresElectronic Media HYPERLINK "" 18 VAC 135-20-190. Advertising by Licensees.All electronic media advertising by the Firm must include the Firm’s licensed name, city and state in which the Firm’s main office or branch office is located, and state(s) of licensure. All electronic media advertising by a Licensee must include the Licensee’s name, the Firm’s name, the city and state of the Licensee’s place of business, and state(s) of licensure for the licensee (i.e. Commonwealth of Virginia). All electronic media disclosures are required to be viewable on the main page or no more than one click away from the main page. Print18 VAC 135-20-190. Advertising by Licensees.All other advertising must at least include the Licensee’s name and the Firm’s licensed name.Signs HYPERLINK "" 18 VAC 135-20-190. Advertising by Licensees.All for lease signs placed on the property must include at least the Firm’s licensed name (clearly and legibly displayed) and the Firm’s primary or branch office telephone number. It is suggested that Licensees include their licensed name on all signs as well. To be in compliance with DPOR, the name you use must be the name DPOR has on record. To verify, go to Virginia DPOR license lookup and enter your name. To advertise in any other name, the licensee must have a business entity salesperson license or a doing business as (d/b/a) form on file with DPOR. Licensees are responsible for familiarizing themselves and complying with all individual POA/HOA or Condominium bylaws and local ordinances. Failure to follow the proper ordinances can result in fines, sign removal and confiscation of the sign. A list of local ordinances can be found on . POA/HOA and Condominium bylaws should be obtained from the Owner.For Lease Signs18 VAC 135-20-190. Advertising by Licensees. And HYPERLINK "" 18 VAC 134-20-290. Improper DealingThe Agent must have written consent (i.e. a signed Property Management Agreement, leasing agreement, etc.) from the Owner to post a sign on the property.-4572005207000 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not supply signs for licensees. If you have any questions, please see your Broker.-51054018605500[Add Brokerage Firm sign policy here. Items to consider include whether signs need to be signed out, time limits, sign purchase price, sign formats and design requirements, approved vendors, sign rider requirements etc.]Directional Signs-47244017081500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not supply directional signs for Licensees. If you have any questions, please see your Broker.Directional signs must point to a property listed with the Brokerage.No signs can be placed in the VDOT right of way – this includes median strips.“Coming Soon” SignsTo place any sign on the property, the Company must have a signed leasing agreement in place. Unless otherwise agreed to in writing with the Owner, refer to your MLS rules and regulations as to when this information must be entered into the MLS. You must check with your MLS to determine any verification it needs regarding the client’s refusal to place the property in the MLS. Miss UtilityThe installation of a sign in the ground by hand or foot, without the use of tools or equipment, does not require a call to Miss Utility. Any other signs installation will require a call to Miss Utility at 811 or l-800-552-7001. Prohibited HYPERLINK "" 18 VAC 135-20-300. Misrepresentation/OmissionLicensees may not use a “bait and switch” tactic in their advertising. Bait and Switch occurs when real property is offered for rent with the intent not to rent at the price or terms advertised. The Licensee must, in fact, have at least a quantity for rent at that price or terms at the time of the advertising and/or the advertisement must clearly state that the property advertised is limited in specific quantity or for a specified time period. MLS All “For Rent” listings that require placement in a Multiple Listing Service must be entered into the MLS in accordance with the current Rules and Regulations outlined by the appropriate MLS in which the Company holds membership. Lockboxes-46482023177500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not supply lockboxes for licensees. If you have any questions, please see your Broker.-46482033528000[Add your company policy here. Things to consider in writing a policy include types of lockboxes required, combinations, use, cost, sign in/sign out, placement on tenant-occupied properties, etc.]Photographs/VideosAs per the lease, the Landlord or Managing Agent is permitted to take interior and exterior photographs or videos for the purpose of documenting the condition and/or advertising the property to prospective Tenants using multiple listing services, internet sites, or printed media. Such photographs may be digitized, reproduced, published, transmitted, disseminated, and displayed in any form or manner without limitation by Associates, Brokers, and the MLS in and through online realty information services or other forms of electronic distribution and in books, displays, publications, and newspapers as well as any other use, media, or means to aid in rental of the property.If Associates choose to use a professional photographer or videographer, they must use a Company-approved vendor with whom the Company has a licensing agreement on file. -4648207747000[Add your company policy here regarding photographs/videos when agents leave the firm. Things to consider in writing a policy include who pays for the photographs; whether the agent receives a benefit from using the firm’s photographer; whether the intellectual property rights in the images will be released to the agent in the event the listing is released to the agent’s new firm.]Agent/Owner Advertising18 VAC 135-20-190. Advertising by Licensees.Agents must include a notice in all advertising, including on signs, that the Owner is a real estate Licensee if the Licensee owns or has any ownership interest in the property advertised. This applies even if the property is listed with a Firm. Open HousesOpen house directional arrows should be placed in accordance with local ordinances.Be sure your family and fellow Agents know where you are and the hours of your open house.Keep the doors locked and greet prospective visitors as they arrive.Never abandon an open house to show other properties and do not close an open house early.Accompany all visitors through the house. Do not let them wander on their own.Allow all visitors to enter a room before you do.Have prospective Tenants “sign-in,” acknowledging your brokerage relationship and agency representation with the Owners which is disclosed on your sign-in sheet.Do not wear valuable jewelry while sitting at an open house.Do not schedule an open house after dusk.Procuring ClientsThis Firm procures all clients honestly and ethically. All Associates must do their due diligence to ensure to the extent possible that prospective clients have not already been involved with another agent, whether inside the Firm or not. OWNER POLICIESRequired DocumentationAll Owners must provide written proof (i.e. a copy of the title) that he/she is in fact the legal Owner of the property and whether anyone else is listed on the title and thus required to sign legal documents. Owner must provide documentation that all taxes with respect to the property are paid and up to date. Any corporate entity listed as Owner must provide corporate documents indicating the company name, members, and signatory authority.If rental property is located in a condominium or property owners’ association, the Owner must provide Association documents indicating that there are no violations and all dues are paid up to date. Owner must also provide current rules and regulations of the Association.Property AccessIf Owner would like access to the rental unit while occupied, in a non-emergency situation, Owner must contact the Management Company at least 48 hours prior to the preferred date of access to schedule with the Property Manager and Tenant.Reserve Account-46482038417500All Owners must maintain a reserve account with the Company in an amount equal to one month’s normal disbursements for such things as mortgage payments, condominium/association dues, other monthly or regular obligations of Owner, plus $_________________ for maintenance and repairs. Funds are to be accounted for in the Company’s escrow account and are to be used for payment of Owner’s obligations as agreed on in the property management agreement. Mortgage Payments and Association DuesOwner must disclose any pending or threatened bankruptcy, foreclosure, or other legal action affecting the rental property. If any of these situations arise during the management agreement, Owner must immediately inform the Company.-45720010985500Owner FORMCHECKBOX is or FORMCHECKBOX is not responsible for making timely mortgage, real estate tax, association charges, common area utility, or special assessment payments for the property unless Owner indicates otherwise in the property management agreement. All payments made by the Management Company will come from the Owner’s reserve account.Disbursements-4572009779000Owner monies will be disbursed by the ______th day of every month by mailed check OR electronic funds transfer, unless otherwise agreed upon in the management agreement. -46355010668000Agent has the right to retain rent payments during the last month of the lease term for _________________________________ (enter policy time period), as noted in the property management agreement, in order to pay outstanding invoices, costs to prepare the property for re-rental, and any other costs specified in the management agreement. Move-in ConditionOwner is responsible for removing all personal property to prepare the property for lease and occupancy. Any personal property remaining as part of the rental must be listed as part of the management agreement.-46482024320500Prior to each move in, Owner is responsible for completion of and payment for the following: (enter your policy as to owners’ responsibility. Some items to consider include carpet cleaning, house cleaning, fireplace inspection, dryer vent cleaning, gutters, pest fumigation, personal property)-45720017272000(If Broker is renting furnished units, policies with respect to owner personal property, inventory lists, etc. should be entered here.) Pool/Spa Policies-45720011747500[Any Broker policies with respect to pools and/or spas should be entered here. Items to consider include responsibility for opening and closing the pool, maintenance, timeline, expenses, approved providers, additional renter insurance, indemnification, etc.]-46482046101000Property MaintenanceAgent FORMCHECKBOX will OR FORMCHECKBOX will not enter into agreements in the name of the Owner for all necessary repairs, maintenance, lock changes, minor alterations, utility services, and other services to and for the property.-45720014414500Agent is authorized to spend up to $__________________________ for any one repair or maintenance item as noted in the property management agreement. Any expense in excess of this amount requires Owner’s written consent. Agent is authorized to pay for repairs, services, and any related expenses in the event of an emergency (as determined by the Agent); the repairs are required by the lease; federal, state or local laws or regulations; or after reasonable efforts to reach the Owner are unsuccessful.-49530017081500Agent shall hold $__________________ in an Owner reserve escrow account for any property expenses.VRLTAAll Landlord-Tenant relationships and leases are governed by the VRLTA.Property InsuranceOwner must carry at his own expense property damage insurance in an amount sufficient to cover the replacement value of the property and liability insurance in the -4572008064500amount of $___________________________, naming the Owner and the Brokerage as co-insureds if permitted by the insurance carrier. All Owners must submit a certificate of such insurance coverage. Owner must provide at his own expense a fire and hazard insurance dwelling policy which must include coverage for rent loss in the event the property should become uninhabitable or in the event of vacancies in excess of thirty (30) days as well as vandalism.Brokerage Relationship-48768018224500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not allow one-time leasing agreements with Owners. If you have any questions, please see your Broker.Fees-48641018796000[Broker should add Firm’s policies with respect to fees, specifically what amount is to be charged, and to whom the money is ultimately paid. Fees to consider include: management fees, procuring fees, renewal fees, leasing fees, setup fees, nonmanagement fees, sale fees, one-time leasing fees, late fees, NSF fees, bank fees, civil recovery, etc.]Property SaleSale of the rental dwelling by the Owner does not release the Owner from his/her obligations under the management agreement.-48768022733000[Broker should develop policy and enter it here with respect to sale of the rental property. Some circumstances to consider include sale after the management agreement expires; sale with tenant in place, property management duties and obligations during a sale, tenant purchase of the rental unit, etc.]HOA/CondoOwner will disclose in the property management agreement whether the rental unit is located in a homeowners’, condo, property owners’ or similar association. If the property is located in an association, Owner will provide a copy of the association rules and regulations to the Agent.-5486402222500Owner FORMCHECKBOX OR FORMCHECKBOX (Company Name) is required to timely pay all dues and assessments during the term of the property management agreement.Accounting and Recordkeeping-53340015176500Owner will be provided with accounting statements noting rent receipt records and any expenditures for the property by the __________th day of each month and a detailed annual statement of receipts and disbursements for tax purposes by _____________________________________[Enter date] each year. Owners will receive an IRS Form 1099 indicating rents received for the property. -57912033337500LEASING APPLICATION PROCESSThis Firm follows a written Tenant screening process for all Tenants. [Broker: It is suggested that you attach your screening process and/or criteria to this manual.]Who Can/Must Fill Out the ApplicationAll people planning on residing in the rental unit who are 18 years of age or older and any guarantors must complete a rental application.Credit ChecksEvery applicant must have a credit check performed by a third-party vendor.Verifications-5029209461500[Broker should add policy here as to whether prior landlord, employment, and other verifications will be completed as part of the application process and when (i.e. after credit check, etc.)]-46482046863000Resident Selection Criteria[It is a best practice to develop a standard resident selection criteria for all applicants. Add that policy here. Some things to consider including in your criteria are income requirements, credit scores, rental history, employment verification, age, document requirements (e.g. paystubs, bank statements, etc.), criminal background check, etc. Virginia REALTORS? provides a Tenant Selection Criteria - Form 330.]All applicants shall be provided with a copy of the resident selection criteria prior to completing the application. Status as a Victim of Family Abuse HYPERLINK "" § 55.1-1203. Application; deposit, fee, and additional information.Landlord shall consider evidence of an applicant’s status as a victim of family abuse, as defined in § HYPERLINK "" 16.1-228, to mitigate any adverse effect of an otherwise qualified applicant's low credit score. In order to establish the applicant's status as a victim of family abuse, an applicant may submit to the landlord (i) a letter from a sexual and domestic violence program, a housing counselor certified by the U.S. Department of Housing and Urban Development, or an attorney representing the applicant; (ii) a law-enforcement incident report; or (iii) a court order. If a landlord does not comply with this section, the applicant may recover actual damages, including all amounts paid to the landlord as an application fee, application deposit, or reimbursement for any of the landlord's out-of-pocket expenses that were charged to the prospective tenant, along with attorney fees. HYPERLINK "" § 55.1-1209. Confidentiality of tenant records. Any information obtained as part of the application process related to an applicant’s status as a victim of family abuse is confidential and may only be released except in response to a subpoena.Denied Applications HYPERLINK "" 15 U.S.C. § 1681m.Fair Credit Reporting Act.If an applicant is rejected, required to pay an increased rent or deposit, required to use a co-signer, or any other adverse action is taken based partly or completely on information in a consumer report (i.e. credit report, Tenant screening report or service, background checking service, etc.) the applicant or Tenant must be given notice of that fact – orally, in writing, or electronically. An adverse action notice must be in writing and must include:the name, address, and phone number of the consumer reporting company that supplied the report;a statement that the company that supplied the report did not make the decision to take the unfavorable action and can't give specific reasons for it; anda notice of the person's right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get a free report from the company if the person asks for it within 60 days.The adverse action notice is required even if information in the consumer report was not the primary reason for the decision. All consumer reports must be disposed of in a manner that is reasonable and appropriate to prevent the unauthorized access to – or use of – the information. 42037022796500[Brokers add your document destruction policy here. Methods to consider are shredding papers, destroying or erasing electronic files or media, hiring a document destruction contractor, periodic audits, etc.]Guarantors-50292015557500 (Brokerage Name) FORMCHECKBOX does OR FORMCHECKBOX does not require a guarantor on the rental agreement in the following circumstances: [Broker list circumstances and what proof is required here. Possible circumstances include students, no credit, etc.]Section 8 & Other Subsidy ProgramsOwners are asked at the time of signing the property management agreement if they are covered by the Virginia Fair Housing law source of funds protection, and if not if they are willing to accept Section 8 vouchers or other subsidy programs. The application fee cannot be higher than $32 for Section 8 applicants.Criminal Background Screening HYPERLINK "" § 36-96.2. Exemptions.-47244016319500[Brokers: Develop a written policy as to whether your firm will conduct criminal background screenings as part of the leasing application. Things to consider in developing this policy are how permission will be obtained, how far back the screening will look, types of crimes to be evaluated, a process for individualized review, and recent HUD guidance.]-50292023495000This Firm FORMCHECKBOX does OR FORMCHECKBOX does not perform a criminal background screening as part of the Tenant application process for ALL Tenants. Written permission is required before a criminal background check can be performed. It is not unlawful under Virginia Fair Housing law for an Owner to deny or limit the rental of housing to persons who pose a clear and present threat of substantial harm to others or to the dwelling itself. There is no requirement in Virginia law for an Owner or Property Manager to rent to an individual who, based on a prior record of criminal convictions involving harm to persons or property, would constitute a clear and present threat to the health or safety of other individuals. However, the federal government has stated that barring prospective Tenants based just on arrest records or the presence of a conviction is discrimination.Conditional Approval If you are requiring a higher security deposit, increased or prepaid rent, or a co-signor based on evidence obtained from a consumer report, you must issue an adverse action notice as noted under paragraph E above – Denied Applications. -47244018986500[Broker add your criteria here for when an increased security deposit, increased or prepaid rent, co-signor or guarantors will be required.]Fees-50292013271500[Add here your Firm’s policy on application and leasing fees. Things to consider are whether they are allowed at all, fee amount, are actual costs included, to whom does the fee go, what form must the fee be paid in, etc. Fees to consider include application fees, leasing fees, pet fees, unauthorized animal fees, late fees, etc.]Release of Information HYPERLINK ""§ 55.1-1209. Confidentiality of tenant records.No Landlord or Managing Agent may release information about a Tenant or prospective Tenant in the possession of the Landlord to a third party unless the tenant has given prior written consent or the information: is a matter of public record;is a summary of the Tenant’s rent payment record, including the amount of the Tenant’s periodic rent payment;is a copy of a material noncompliance notice that has not been remedied, or a termination notice and the Tenant vacated the premises;is requested by a local, state, or federal law-enforcement or public safety official in the performance of his duties;is requested as part of a subpoena in a civil case;is requested by the local commission of revenue;is requested by a contract purchaser of the Landlord’s property, provided the purchaser agrees in writing to maintain confidentiality;is requested by a lender of the Landlord for financing or refinancing of the property;is requested by the commanding officer, military housing officer, or military attorney of the Tenant;is requested by the Landlord’s attorney or collection agency;is provided in the case of an emergency; is requested by the Landlord to be provided to the Managing Agent, or a successor to the Managing Agent; orIs requested by an employee or independent contractor of the United States to obtain census information pursuant to federal law.Application Following Court Order of ProtectionHYPERLINK ""§ 55.1-1230. Access following entry of certain court orders.A person, who is not a Tenant or an authorized occupant in the dwelling unit, and who has obtained an order protection for family abuse or an order in a divorce case from a court granting them possession of the premises to the exclusion of one or more co-Tenants or authorized occupants, may provide a copy of the order to the Landlord and submit a rental application to become a Tenant in the dwelling unit within 10 days of the entry of such order. If the person's rental application meets the Landlord's Tenant selection criteria, they may become a Tenant in the dwelling unit under a written rental agreement. If that person submits a rental application and does not meet the Landlord's Tenant selection criteria, the person must vacate the dwelling unit no later than 30 days after the date the Landlord gives written notice that the rental application has been rejected. If such person does not provide a copy of the protective order and submit a rental application to the Landlord within 10 days, such person must vacate the dwelling unit no later than 30 days of the date of the entry of such order. Such person shall be liable to the Landlord for failure to vacate the dwelling unit as required in this section.Applicant IdentificationA Landlord may request a prospective Tenant to provide information that will enable the Landlord to make a determination on tenancy. The following checked boxes indicate acceptable types of identification:[Broker check boxes for acceptable forms of identification for your firm]-45720020129500Driver’s LicenseMilitary IdentificationStudent IdentificationUnited States Government issued identificationSocial Security CardIRS-issued Individual Taxpayer Identification NumberOther _______________________________________________Other _______________________________________________PhotocopiesThe 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. However, a Landlord must not photocopy a U.S. government-issued identification (e.g. passport, military identification).12.LEASING POLICIES AND PROCEDURESContracts HYPERLINK "" § 54.1-2101.1. Preparation of real estate contracts by real estate licensees. HYPERLINK "" 18 VAC 135-20-300. Misrepresentation/Omission.Any licensed real estate salesperson may prepare written contracts for the sale, purchase, management, or rental of real estate provided the preparation of such contracts is incidental to a real estate transaction in which the licensee (i) is involved and (ii) does not charge a separate fee for preparing the contracts. All applications, leases, and property management agreements must include the complete terms and conditions of the real estate transaction and identify all those who are holding any deposits.The Agent must go over all contracts, addenda, and attachments thoroughly to ensure that the Client/Customer(s) understand the implications to them of the documents that they are signing. All offers must be in writing on the most current forms, signed by all Parties and with the appropriate fees and deposit(s). After a Contract has been accepted by all parties, any changes must be made by amendment or addendum. Any deletions, additions, changes or extensions must be agreed to in writing and signed or initialed by all parties. The changes and/or initials must be dated and new copies must be immediately delivered to all parties to the transaction.The Agent must make copies for the Client/Customer(s) of every document that they sign, including copies of any deposit(s). As soon as the clients have signed any of the forms below, copies must be given to the Broker so that he/she may review it, sign it, and send you a ratified copy for you and your client. These agreements are not valid until both parties have signed them:Exclusive Authorization to Lease AgreementExclusive Right to Represent Tenant AgreementProperty Management AgreementAmendments and/or AddendaCommission ChangesRental Agreements§ 55.1-1204. Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant. 18 VAC 135-20-310. Improper Delivery of Instruments.A copy of any written rental agreement, Department of Housing and Community Development Statement of Tenant Rights and Responsibilities, and related documents signed by both the Tenant and the Landlord shall be provided to the Tenant as soon as possible, but no later than one month after the effective date of the rental agreement.-48006011811000Broker and/or authorized Agent(s) will or will not sign rental agreements and any related documents on behalf of the Owner. [If the company has signatory authority for the landlord, that signature will state “as managing agent on behalf of the landlord.”]Unsigned Rental AgreementHYPERLINK ""§ 55.1-1207. 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.ShowingsProspective TenantsAll unit showings are by appointment. When showings of occupied units are requested, the Tenant/occupant must be given 24 hours’ notice prior to the appointment timeA licensed real estate salesperson must accompany prospective Tenants on any showings unless the Landlord has agreed otherwise in writing. Agent SafetyAgents should meet all prospective Tenants at the office and make a copy of the prospect’s identification to leave at the office. If this is not practical, Agents and prospects should meet at a branch office or any other real estate Firm in the vicinity of the listings to be shown.A Safety Log will be maintained in the office for all Agents to complete each time they go out to view properties with a prospect. Information could include: date; destination; Agent’s name; prospect’s name; and prospect’s car make, model, year, color, and license plate if possible. If you are unable to use a safety log, always tell someone where you are going, with whom, and when you expect to return.Use extreme caution if you do meet prospects at any property. Get there early and park on the street so you do not get blocked in on the driveway. When showing, allow prospects to enter the room first. This reduces the chance of your being pushed into a room and the door being closed behind you or the prospective Tenant blocking your access to the outside.Avoid meetings and property showings at potentially unsafe times. Agents must consider their own safety and the safety of their prospects when arranging for meetings and showings. The times considered safe or unsafe may vary widely depending upon the circumstances. Generally, Agents might try to schedule showings of vacant properties at times when neighbors are likely to be at home, and bring along another Agent for after-dark showing of properties or for showing vacant properties at any time of the day.Use your own car to show properties and do not ride in the prospect’s car.When unusual or suspicious incidents occur during the course of business, Agents must report them immediately to their own offices, clients, the police and any neighboring affiliated offices.HOA/CONDO ASSOCIATIONS§ 55.1-1806. Rental of lots. And § 55.1-1973. Rental of units.A copy of the Association’s rules and regulations will be provided by the Agent to the Tenant prior to, but no later than at the signing of the lease.Unless expressly authorized in the governing documents, no Property Owner’s Association or Condominium Association can:condition or prohibit an Owner’s rental to a Tenant or make an assessment or impose a charge;charge a rental fee, application fee, or other processing fee of any kind in excess of $50 during the term of any lease;charge an annual or monthly rental fee;require the Owner to use a lease or an addendum prepared by the association;charge any deposit from the Owner or the Tenant; orhave the authority to evict a Tenant or to require any Owner to execute a power of attorney authorizing the association to evict. If the Owner designates a real estate licensee as the Owner's authorized representative with respect to any lease, the Association must recognize such representation without a formal power of attorney, provided that the Association is given a written authorization signed by the Owner designating such representative and nothing contrary is included in the Association’s governing documents. An Association may require an Owner to provide the Association with the names and contact information of the Tenants and any authorized occupants under the lease and any authorized agent of the Owner, and vehicle information for Tenants and/or authorized occupants.Condominium ActHYPERLINK ""§ 55.1-1960. Limitation of occupancy of a unit.The unit owners' Association shall have the power, to the extent the condominium instruments expressly so provide, to limit the number of persons who may occupy a unit as a dwelling. Such limitation shall be reasonable and shall comply with Fair Housing laws. 14.TENANT MOVE INA.Failure to Deliver Possession§ 55.1-1238. 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 with 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.Move-In InspectionHYPERLINK ""§ 55.1-1214. Inspection of dwelling unit; report.[Brokers select one of the three following options regarding Move-In Inspections.] -45720031496000 FORMCHECKBOX Landlord must complete a move in inspection and submit a written report to the Tenant within five days after occupancy of the rental unit. The report will itemize any damages to the dwelling unit existing at the time of occupancy and will be deemed correct unless the Tenant objects to it in writing within five days after receipt.-41148033845500 FORMCHECKBOX Tenant must prepare a written report of the move-in inspection and submit a copy to the Landlord within five days after occupancy of the rental unit. The report is deemed correct, unless the Landlord objects in writing within five days after receipt. FORMCHECKBOX Landlord and Tenant must jointly prepare, within five days after occupancy of the rental unit, a written report of the move-in inspection, sign the report and receive a copy. The inspection record shall be deemed correct.If any damages are reflected on the written report, a Landlord is not required to make repairs to address such damages unless required by law (e.g. mold repairs or items listed under the Landlord’s obligation to maintain a fit premises). Keys-46482027051000[Brokers enter your policy here on keys for rental units. Items to consider include when keys are provided, how many are provided, where the transfer happens, what documentation is needed, rekey and lockout policies, coding system so that keys are not identifiable to a specific property, secure location for master set, tenant permission to give out key to contractors/third party vendors, sign out process, vendor policies, etc.]-48006040767000Scheduling[Brokers enter your policy here on scheduling move ins. Items to consider are documentation needed, proof of renter’s insurance, utility transfers, first month’s rent, security deposits, etc.] 15.TENANT NOTICE PROCEDURES§ 55.1-1202. Notice."Notice" means notice given in writing by either regular mail or hand delivery. The sender must keep sufficient proof of having given such notice, which may be either a U.S. postal certificate of mailing or a certificate of service confirming such mailing prepared by the sender. 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 has the burden of proof to show that the notice was given. If the rental agreement allows, the Landlord and Tenant may send notices in electronic form, however any Tenant who 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.Notice is served at the Tenant's last known place of residence, which may be the rental unit.A.Leasing Notices-46482029908500i.Lease RenewalThe notice period for termination, as defined in the lease, shall be ________________ days prior to the end of the current term.The automatic renewal period as defined in the lease shall be _____________________.-46482030734000If there is a change in the terms or conditions of the lease, renewal notice needs to be given _________________ prior to the notice period required in the lease.If Tenant to does not provide Landlord with written notice of Tenant’s intentions to remain in the rental unit or vacate at least ________________________ days prior to the expiration of the lease term, then Tenant is deemed to have agreed to the renewal lease term offered in the renewal notice and all terms and conditions in the then applicable form of the lease. -48006017843500[Broker add lease renewal policy here in situations where the lease terms do not change. Things to consider include: the renewal period, use of automatic renewal, length of renewal term, etc.]ii.Notice of Termination of LeaseNotice of termination can be given in writing or electronically and is to be served at the Tenant's last known place of residence, which may be the rental unit.Move Out Notice§ 55.1-1226. Security deposits.Upon request by the Landlord to a Tenant to vacate, or within five days after Landlord receives notice from Tenant of the Tenant's intent to vacate, the Landlord must provide written notice to 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 must 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. B.Lease Violationsi.5-day Material Noncompliance for Nonpayment of RentHYPERLINK ""§ 55.1-1245. Noncompliance with the rental agreement; monetary penaltyIf rent is not paid 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.If a check for rent is delivered to the Landlord drawn on an account with insufficient funds, or if an electronic funds transfer has been rejected because of insufficient funds or a stop-payment order has been placed in bad faith by the authorizing party, and the Tenant fails to pay rent within five days after written notice is served on him notifying him 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, certified check, or a completed electronic funds transfer within the five-day period, the Landlord may terminate the rental agreement and proceed to obtain possession of the premises.ii.Material Noncompliance Notice (21/30)HYPERLINK ""§ 55.1-1245. Noncompliance with the rental agreement; monetary penaltyIf there is a material noncompliance by the Tenant with the rental agreement or a violation of the Tenant’s obligations to maintain the dwelling unit under the law 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.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 does not terminate.Non-Remediable Breach NoticeHYPERLINK ""§ 55.1-1245. Noncompliance with the rental agreement; monetary penaltyIf 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.Any illegal drug activity involving a controlled substance, as used or defined by the Drug Control Act, or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, 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.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.30-day Repeat NoticeHYPERLINK ""§ 55.1-1245. Noncompliance with the rental agreement; monetary penaltyIf the Tenant has been served with a prior written notice which required the Tenant to remedy a breach, and the Tenant remedied the breach, but the Tenant then intentionally commits a subsequent breach of a like nature, 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.16.TENANT MOVE OUTHYPERLINK ""§ 55.1-1233. Tenant to surrender possession of dwelling unit.At the termination of the lease term, 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.Move Out InspectionHYPERLINK ""§ 55.1-1226. Security deposits.Timing of InspectionThe move out inspection must take place within 72 hours of delivery of possession of the rental unit.Tenant Presence at the InspectionUpon request by the Landlord to a Tenant to vacate, or within five days after Landlord receives notice from Tenant of the Tenant's intent to vacate, the Landlord must provide written notice to 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 must advise the Landlord in writing who, in turn, shall notify the Tenant of the time and date of the inspection. Within 45 days following termination of the tenancy and delivery of possession, the Landlord must provide the Tenant with a written security deposit disposition statement, including an itemized list of damages. If additional damages are discovered after the security deposit disposition, the Landlord may still try to recover damages against the Tenant, however, the Tenant may present into evidence a copy of the move out report to support his assertion that those damages were not present at move-out. Abandoned PropertyHYPERLINK ""§ 55.1-1254. Disposal of property abandoned by tenants.If any items of personal property are left in the dwelling unit, 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 abandoned property as the Landlord sees fit or appropriate, provided he has: (i) given a proper termination notice to the Tenant, which included a statement that any items of personal property left in the dwelling unit or the premises would be disposed of within the 24-hour period after termination, (ii) given proper written notice to the Tenant for nonuse and abandonment of the rental unit, which includes a statement that any items of personal property left in the dwelling unit or the premises would be disposed of within the 24-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 dwelling unit or the premises would be disposed of within 24 hours after expiration of a 10-day period from the date such notice was given to the Tenant. The Tenant shall have the right to remove his personal property from the dwelling unit or the premises at reasonable times during the 24-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 24-hour period and until the Landlord disposes of the remaining personal property of the Tenant, the Landlord has no 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, the Tenant shall have a right to injunctive or other relief as provided by law. If the Landlord receives any funds from any sale of abandoned property, the Landlord shall pay such funds to the account of the Tenant and apply the funds 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 funds are remaining after application, they shall be treated as a security deposit.17.TENANT POLICIESright9969500[Broker: Add tenant policies here. Policies to consider developing include tenant home-based business, water filled furniture, vehicles and/or parking, key delivery, lockouts, satellite dishes, smoking, co-signors, guarantors, conversion of tenancy to Section 8, HOA/Condo dues and use, tenant-initiated environmental testing, acceptable rent payment types, rent payment process, etc.]Home BusinessesHYPERLINK ""§ 55.1-1232. Use and occupancy by tenant.Unless otherwise agreed in writing by the parties, the Tenant shall occupy his dwelling unit only as a residence.Age RequirementsNo person over age 18 may reside in the dwelling unit without being approved as a Tenant or occupant, and listed as a Tenant or occupant on the lease.Access to the PropertyLandlord Access§ 55.1-1210. Landlord and tenant remedies for abuse of access. HYPERLINK ""§ 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant; security systems.The Tenant shall not unreasonably withhold consent to the Landlord to enter the dwelling unit 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.If the rental agreement so provides and if a Tenant without reasonable justification declines to permit the Landlord or managing agent to exhibit the dwelling unit for sale or lease, the Landlord may recover damages, costs, and reasonable attorney fees against such Tenant.The Landlord may enter the dwelling unit without consent of the Tenant in case of emergency, but the Landlord must not abuse the right of access or use it to harass the Tenant. 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.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.If the Tenant refuses to allow lawful access, the Landlord may obtain injunctive relief to compel access, or terminate the rental agreement.GuestsHYPERLINK ""§ 55.1-1246. Barring guest or invitee of tenants.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 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 as well. The notice shall describe the conduct of the guest or invitee which is the basis for the Landlord's action.Court OrdersHYPERLINK ""§ 55.1-1245. Noncompliance with the rental agreement; monetary penalty.A Tenant or authorized occupant who has obtained a protective order for family abuse or an order in a divorce case from a court granting the 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 or authorized occupant to do so, provided:1. Installation of the new lock or security devices does no permanent damage to any part of the dwelling unit; and2. 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.Absence and AbandonmentHYPERLINK ""§ 55.1-1249. Remedies for absence, nonuse and abandonment. 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 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.If the Landlord cannot determine whether the premises have been abandoned by the Tenant, the Landlord shall serve written notice on the Tenant 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 does give 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 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.PaintingHYPERLINK ""§ 55.1-1227. Tenant to maintain dwelling unit.Tenant must not paint or disturb painted surfaces or make alterations in the rental unit without the prior written approval of the Landlord provided (i) the dwelling unit was constructed prior to 1978 and therefore requires the Landlord to provide the Tenant with lead-based paint disclosures and (ii) the Landlord has provided the Tenant with such disclosures and the rental agreement provides that the Tenant is required to obtain the Landlord's prior written approval before painting, disturbing painted surfaces or making alterations in the dwelling unit.Keys, Locks and Security SystemsHYPERLINK ""§ 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant; security systems.Locks and KeysLandlord, at Tenant’s request and Tenant’s expense, will have all locks on the rental unit rekeyed. Tenant may, at any time, ask Landlord to: (i) install one keyed deadbolt lock on all exterior doors, if the rental unit does not already have one installed on each door; (ii) install a sliding door pin lock and/or a security bar on each sliding glass door; (iii) install one door viewer on each exterior door; and (iv) change or rekey locks during the Term. Landlord will comply with any such request at Tenant’s cost and expense, with all such costs to be paid by Tenant as additional rent, due with the next monthly payment of rent by Tenant, after receipt by Tenant of an invoice from Landlord.SecurityThe Tenant may install, within the dwelling unit, new burglary prevention, including chain latch devices approved by the Landlord, 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.Court Ordered LocksHYPERLINK ""§ 55.1-1230. Access following entry of certain court orders.A Tenant or authorized occupant who has obtained a protective order from a court in a case of family abuse or in a case of divorce, 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 or authorized occupant to do so, provided:1. Installation of the new lock or security devices does no permanent damage to any part of the dwelling unit; and2. 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.A Landlord who has received a copy of a court order shall not provide copies of any keys to the dwelling unit to any person excluded from the premises by such order.Renter InsuranceTenant must obtain a renter’s insurance policy naming both the Landlord and this Company as interested parties. The policy must be maintained in full force for the full time of the lease, including any extensions or renewals. Tenant must show written proof of the insurance policy prior to lease commencement date. Property MaintenanceHYPERLINK ""§ 55.1-1227. Tenant to maintain dwelling unit.Tenant must 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. Tenant shall 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.Unless the lease states otherwise., the Tenant must 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. This obligation can be shifted from the Landlord to the Tenant in the lease. The Virginia REALTORS? lease shifts this obligation to the Tenant.Tenant must keep all plumbing fixtures in the dwelling unit or any others used by the Tenant as clean as their condition permits.Tenant must not remove or tamper with a properly functioning smoke detector or carbon monoxide alarm installed by the Landlord, including removing any working batteries, so as to render the detector or alarm inoperative and shall maintain the smoke detector and carbon monoxide alarm in accordance with the uniform set of standards for maintenance of smoke detectors established in the Uniform Statewide Building Code. Tenant must 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 of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant.UtilitiesHYPERLINK ""§ 55.1-1227. Tenant to maintain dwelling unit.Tenant must use in a reasonable manner all utilities and all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including an elevator in multifamily 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.NoiseHYPERLINK ""§ 55.1-1227. Tenant to maintain dwelling unit.Tenant is 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.Criminal ActivityHYPERLINK ""§ 55.1-1245. Noncompliance with the rental agreement; monetary penalty.When a breach of the Tenant's obligations under the law 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. Any illegal drug activity involving a controlled substance, as used or defined by the Drug Control Act (§ 54.1-3400 et seq.), or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety 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. In order to obtain an order of possession in this circumstance, the Landlord only needs to prove the violations by a preponderance of the evidence. Tenant DeathHYPERLINK ""§ 55.1-1256. Disposal of property of deceased tenants.The rental agreement is deemed to be terminated by the Landlord as of the date of death of the Tenant who is the sole Tenant under a written rental agreement still residing in the dwelling unit, and Landlord is not required to seek an order of possession. Authorized occupants, guests or invitees, are not allowed to occupy the rental unit after the death of the sole remaining Tenant and must vacate the unit prior to the end of the 10-day notice period.If 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 dwelling unit or upon the premises with proper notice. Landlord must give 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 case of death or emergency; or (ii) the Tenant. The notice must include a statement that any items of personal property left in the premises will be treated as abandoned property and disposed of in accordance with the law if not claimed in 10 days.Family AbuseHYPERLINK ""§ 55.1-1230. Access following entry of certain court orders.A person, who is not a Tenant or authorized occupant in the dwelling unit and who has obtained a protective order from a court in a case of family abuse or an order in a divorce case granting such person possession of the premises to the exclusion of one or more co-Tenants or authorized occupants, may provide a copy of such order to the Landlord and submit a rental application to become a Tenant in such dwelling unit within 10 days of the entry of such order. If such person's rental application meets the Landlord's Tenant selection criteria, such person may become a Tenant in such dwelling unit under a written rental agreement. If such person submits a rental application and does not meet the Landlord's Tenant selection criteria, such person shall vacate the dwelling unit no later than 30 days of the date the Landlord gives such person written notice that his rental application has been rejected. If such person does not provide a copy of the protective order to the Landlord and submit a rental application to the Landlord within 10 days, such person shall vacate the dwelling unit no later than 30 days of the date of the entry of such order. Such person shall be liable to the Landlord for failure to vacate the dwelling unit.Any Tenant obligated on the rental agreement shall pay the rent and otherwise comply with any and all requirements of the rental agreement, and any applicable laws and regulations. The Landlord may pursue all of its remedies under the rental agreement and applicable laws and regulations, including filing an unlawful detainer action to obtain a money judgment and to evict any persons residing in such dwelling unit.A Landlord who has received a copy of a court order shall not provide copies of any keys to the dwelling unit to any person excluded from the premises by such order.-55626042608500Early Termination (Non-Military)[Broker: Add firm’s policy with respect to early termination for non-military reasons here. Items to consider when drafting a policy include: fees, damages, mitigation, etc.]Victims of Family Abuse, Sexual Abuse, or Criminal Sexual AssaultHYPERLINK ""§ 55.1-1236. Early termination of rental agreements by victims of family abuse, sexual abuse, or criminal sexual assault.Any Tenant who is a victim of family abuse, sexual abuse, or other criminal sexual assault as defined in the law may terminate his obligations under a rental agreement under the following circumstances:The victim has obtained an order of protection and has given written notice of termination during the period of the protective order A court has entered an order convicting a perpetrator of any crime of sexual assault, sexual abuse, or family abuse as defined by law against the victim and the victim gives written notice of terminationA Tenant who qualifies for early termination must give the Landlord written notice of termination to be effective on a date stated in the notice, but 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 Tenant must also provide a copy of the order of protection or the conviction order with the written notice. The rent shall be payable at such time as would otherwise have been required by the terms of the rental agreement through the effective date of the termination.The victim's obligations as a Tenant to maintain the dwelling unit shall continue through the effective date of the termination. Any co-Tenants on the lease with the victim shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole Tenant obligated on the rental agreement, the Landlord may terminate the rental agreement and collect actual damages for such termination against the perpetrator. RentHYPERLINK ""§ 55.1-1204. Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant.Rent is all money, other than the security deposit, owed or paid to the Landlord under the lease.-45720017843500Rent is due by the first day of each calendar month and shall be paid to ___________________________________ [name] at _____________________________________ [address]. A late fee of ____________________ will be charged for any rent paid after the fifth day of the month. Note that late fees are capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due and owed by the tenant.The following are acceptable methods of payment for rent: Cash-45720030543500Personal CheckElectronic/Wire/Auto DraftMoney OrderCashier CheckCredit CardThe Landlord shall provide the Tenant with a written receipt, upon request from the Tenant, whenever the Tenant pays rent in the form of cash or money order.Rent w/ Reservation:HYPERLINK ""§ 55.1-1250. Landlord’s acceptance of rent with reservation.Provided the Landlord has given written notice to the Tenant that the rent will be accepted with reservation, the Landlord may accept full or partial payment of all rent and receive an order of possession from the court pursuant to an unlawful detainer action and proceed with eviction. The written notice provided to the tenant must state that any payment of rent, damages, money judgment, award of attorney fees, and court costs would be accepted with reservation and not constitute a waiver of the landlord's right to evict the tenant from the dwelling unit. If the rental unit is in public housing or otherwise subject to regulation by the Department of Housing and Urban Development, written notice of acceptance of rent with reservation does need not to also go to the public agency paying a portion of the rent under the rental agreement.Such notice shall be included in a written termination notice given by the Landlord to the Tenant in accordance with § 55.1-1245 or in a separate written notice given by the Landlord to the Tenant within five business days of receipt of the rent. Nonpayment of RentIf 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.Tenant shall have no right to deduct the security deposit from the rental payment for the last month of any term of this Lease.Insufficient FundsIf a check for rent is drawn on an account with insufficient funds, or if an electronic funds transfer has been rejected because of insufficient funds or a stop-payment order has been placed in bad faith by the authorizing party, 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, certified check, or a completed electronic funds transfer within the five-day period, the Landlord may terminate the rental agreement and proceed to obtain possession of the premises.Checks that are returned for insufficient funds or otherwise, or a failed electronic funds transfer, will result in the following charges: (i) late charges; (ii) the face amount of the dishonored payment; (iii) a reimbursement of any fee charged by the bank for such dishonored payment; (iv) an administrative processing fee in the amount of $50; (v) legal interest from the date of the check or transfer; (vi) a civil recovery not to exceed $250; and (vii) all other amounts recoverable by Landlord pursuant to this Lease or by law.18.ANIMAL POLICYNo animals of any kind will be allowed to be kept or maintained in or on the dwelling unit without the Landlord’s prior written consent and the execution of an animal addendum. Pet Policy No animals of any kind are allowed to be kept at the dwelling unit without the Landlord’s prior written consent on a separate addendum. Any unauthorized animals will be subject to an unauthorized animal fee of _________________________. -45720018605500 FORMCHECKBOX Pet Fee (Non-refundable) $________________________ FORMCHECKBOX Pet Deposit (Refundable) $ ______________________ FORMCHECKBOX Pet Rent $ __________________________Assistance Animals HYPERLINK "" § 36-96.3. Unlawful discriminatory housing practices. HYPERLINK "" § 36-96.3:1. Rights and responsibilities with respect to the use of an assistance animal in a dwelling.§ 36-96.3:2. Reasonable accommodations; interactive process. An assistance animal helps individuals with a disability. The term assistance animal is broad and includes service animals, emotional support animals, therapy animals, and companion animals. A person with a disability, or a person associated with such a person may submit a request for a reasonable accommodation to keep an assistance animal in the rental unit. It is discrimination to refuse to make reasonable accommodations in rules, practices, policies, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.Tenants who keep an assistance animal at the rental unit must still comply with the rental agreement or any rules and regulations of the property Owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises.Tenants are not required to pay a pet fee or deposit or any additional rent for an assistance animal, but are still responsible for any physical damages to the dwelling. An assistance animal must not pose a clear and present threat of substantial harm to others or to the dwelling itself. This determination cannot be solely based on breed, size, or type. If such a threat is established, other reasonable accommodations that could reduce or eliminate the threat must be considered. Definition HYPERLINK "" § 36-96.1:1. Definitions.An assistance animal means an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Assistance animals perform many disability-related functions, including guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support. While dogs are the most common type of assistance animal, other animals can also be assistance animals. An assistance animal is not a pet.An assistance animal is not required to be individually trained or certified. The animal must (i) work, provide assistance, or perform tasks or services for the benefit of the requestor or (b) provide emotional support that alleviates one or more of the identified symptoms or effects of the requestor’s disability. Verification HYPERLINK "" § 36-96.3:1. Rights and responsibilities with respect to the use of an assistance animal in a dwelling.If a person’s disability is obvious or otherwise known, or if the need for a requested accommodation is readily apparent or known, the person receiving the request may not request any additional verification about the Tenant’s disability.If a person’s disability is readily apparent or known, but the disability-related need is not, the person receiving the request may ask for additional verification to evaluate the Tenant’s disability-related need.If a person’s disability is not obvious, readily apparent, or otherwise known, the person receiving the request may ask the Tenant to provide reliable documentation verifying a disability that meets the legal definition and the disability-related need for the assistance animal, including documentation from any person with whom the Tenant has or has had a therapeutic relationship. A therapeutic relationship means the provision of medical care, program care, or personal care services in good faith to the person with the disability by (i) a mental health service provider as defined by law; (ii) an individual or entity with a valid unrestricted state license, certification, or registration to serve persons with disabilities; (iii) a person from a peer support or similar group that does not charge service recipients a fee or impose any actual or implied financial requirement and who has actual knowledge about the requester’s disability; or (iv.) a caregiver, reliable third party, or government entity with actual knowledge of the Tenant’s disability.Reasonable Accommodations: An Interactive Process HYPERLINK "" § 36-96.3:2. Reasonable accommodations; interactive process. With respect to a request for reasonable accommodation to maintain an assistance animal in a dwelling, the requested assistance animal shall (a) work, provide assistance, or perform tasks or services for the benefit of the requester or (b) provide emotional support that alleviates one or more of the identified symptoms or effects of such requester's existing disability. In addition, as determined by the person receiving the request, the requested assistance animal shall not pose a clear and present threat of substantial harm to others or to the dwelling itself that is not solely based on breed, size, or type or cannot be reduced or eliminated by another reasonable accommodation.19.DISASTER AND BUSINESS CONTINUITY PLANNINGFire or Casualty DamageHYPERLINK ""§ 55.1-1240. 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 by vacating the premises and then within 14 days after, 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. The Landlord may terminate the rental agreement by giving the Tenant 14 days’ notice of his intention to terminate based on his determination that such damage requires the removal of the Tenant and the use of the premises is substantially impaired.If the rental agreement is terminated, the Landlord shall return all security deposits in accordance with the law and prepaid rent, 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 provide a written statement to the Tenant for the security and prepaid rent, plus accrued interest based upon the damage or casualty, and may recover actual damages sustained.Disaster Contingency Planning -45720014351000[Broker add your disaster plans here. Items to consider in developing a plan include contingency plans for continuity of business, evacuation procedures, tenant education, generator usage, battery powered items, offsite backup of computer networks, communication systems and plans, rehearsals/drills, off site meeting locations, pre-storm preparations, tenant relocation procedures, resource phone numbers, etc.]20VENDOR POLICIESThe Firm does not permit unlicensed and/or uninsured vendors onto the any rental premises.Insurance Requirements-45720017843500All vendors shall provide certificates of general liability and workman’s compensation insurance. Vendors FORMCHECKBOX shall or FORMCHECKBOX shall not add the Company as an additional insured.Licensing RequirementsAll vendors must provide copies of their business license and professional license if required by law (i.e. lead based paint remediation, asbestos, mold, plumber, etc.).Other Documentation-45720017843500[Brokers: Add policy here for any other documentation to be provided by third party vendors, and how that documentation will be stored and reviewed. Documentation to consider include insurance, licensing, W-9s, tax documents, list of vendor’s employees, EPA certificate, etc.]Keys/AccessIf property is occupied, you must get Tenant permission to provide vendor with a key to the rental unit, unless maintenance is requested by the Tenant or is in response to an emergency.Hiring AuthorityAll vendors shall be hired in the name of the Owner.BillingAll invoices shall be submitted in the name of the Owner.21.SMOKE/CARBON MONOXIDE DETECTORSLandlord ObligationsHYPERLINK ""§ 55.1-1220. Landlord to maintain fit premises.HYPERLINK ""§ 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant; security systems.Landlord must maintain any carbon monoxide alarm that has been installed by the Landlord in a dwelling unit.Upon written request of the Tenant, the Landlord shall install a carbon monoxide alarm in the Tenant's dwelling unit within 90 days of such request and may charge the Tenant a reasonable fee to recover the costs of the equipment and labor for such installation. The Landlord's installation of a carbon monoxide alarm shall be in compliance with the Uniform Statewide Building Code.Tenant ObligationsHYPERLINK ""§ 55.1-1227. Tenant to maintain dwelling unit.Tenant must not remove or tamper with a properly functioning smoke detector or carbon monoxide alarm installed by the Landlord, including removing any working batteries, so as to render the detector or alarm inoperative and shall maintain the smoke detector and carbon monoxide alarm in accordance with the uniform set of standards for maintenance of smoke detectors established in the Uniform Statewide Building Code. Maintenance/InspectionsSmoke and carbon monoxide detectors must be maintained and/or inspected in accordance with applicable laws.22.PROPERTY INSPECTIONSAll inspections shall be documented on the Firm’s inspection checklist form with pictures provided.Occupied Properties-45720025463500Frequency[Broker: Add policy here for frequency of inspections on occupied properties.]ViolationsHYPERLINK ""§ 55.1-1248. Remedy by repair, etc.; emergenciesHYPERLINK ""§ 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant; security systems.HYPERLINK ""§ 55.1-1245. Noncompliance with rental agreement; monetary penalty.If, upon inspection of a dwelling unit during the term of a tenancy, the Landlord determines there is a violation of the Tenant’s obligation to maintain the dwelling unit under the VRLTA or a violation of the rental agreement materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, the Landlord may make such repairs and send the Tenant an invoice for payment.If, upon inspection of the dwelling unit during the term of a tenancy, the Landlord discovers a violation of the rental agreement or applicable law, the Landlord may send a written notice of termination pursuant to the VRLTA. Notice/AccessHYPERLINK ""§ 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant; security systems.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.The Tenant shall not unreasonably withhold consent to the Landlord to enter the dwelling unit 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 rental unit without the Tenant’s consent in case of emergency, but cannot abuse the right of access or use it to harass the Tenant.Tenant RelocationHYPERLINK ""§ 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant; security systems.Upon the sole determination by the Landlord of the existence of a non-emergency property condition in the rental unit that requires the Tenant to temporarily vacate the unit in order to properly remedy the condition, the Landlord may, with at least 30 days written notice, require the Tenant to temporarily vacate the dwelling for a period not to exceed 30 days to a comparable dwelling unit or hotel, as selected by the Landlord and at no expense to the Tenant. If the Landlord properly remedies the nonemergency property condition within the 30-day period, the Tenant is not entitled to terminate the rental agreement.The Landlord shall not be required to pay for any other expenses of the Tenant that arise after the temporary relocation period. The Tenant will continue to be responsible for payment of rent under the rental agreement. If the Tenant refuses to cooperate with the temporary relocation, he is in breach of the rental agreement unless he agrees to vacate the unit and terminate the rental agreement within the 30-day notice period.The Landlord shall pay all costs of repairs or remediation required to address the property condition.23.PROPERTY MAINTENANCELandlord ObligationsHYPERLINK ""§ 55.1-1220. Landlord to maintain fit premises.HYPERLINK ""§ 55.1-1239. Wrongful failure to supply essential service.HYPERLINK ""§ 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant; security systems.§ 55.1-1248. Remedy by repair, etc.; emergencies.The Virginia Code states that Landlords must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. The Landlord must also 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. The Landlord must also comply with the requirements of all applicable building and housing codes materially affecting health and safety.The Landlord must 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. If 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 and allow the Landlord reasonable time to correct the breach. The Landlord must maintain the premises in such a condition as to prevent the accumulation of moisture and the growth of mold.The Landlord must maintain any carbon monoxide alarm that has been installed by the Landlord in the rental unit.The Landlord and Tenant may agree in writing that the Tenant perform the Landlord's duties and 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.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.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.This Brokerage will not make any structural changes or any other major alterations or additions to any building or equipment therein without prior written consent from the Owner except in the event of an emergency where there is danger to life or the property.Pest Control§ 3.2-3900. Definitions. HYPERLINK ""§ 55.1-1227. Tenant to maintain dwelling unit.As per the lease, the Tenant must keep that part of the dwelling unit and the part of the premises that he occupies free from insects and pests and promptly notify the Landlord of the existence of any insects or pests. The Tenant shall be financially responsible for the cost of treatment or extermination due to the Tenant’s fault in failing to prevent infestation of any insects or pests in the occupied area and shall be financially responsible for the added cost of treatment or extermination due to the Tenant’s unreasonable delay in reporting the existence of any insects or pests.Except for the costs of any regularly scheduled pest treatments provided by the Landlord, Tenant shall be responsible for the costs of any insect or pest treatments necessary in the dwelling unit.NoticeHYPERLINK ""§ 55.1-1223. Notice to tenants for insecticide or pesticide use.The Landlord must give written notice to the Tenant no less than 48 hours prior to the 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 24 hours before the scheduled 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.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.-6477006000750024.VACANT PROPERTIES[Broker should develop a policy on vacant properties. Things to consider include inspections, time of year, frequency of inspections, weatherproofing, sprinkler systems, vendor requirements, owner reports, whether utilities are on or off, whose name the utilities are in, routine maintenance (inside and out), etc.]25.MOLDMove in InspectionsHYPERLINK ""§ 55.1-1215. Disclosure of mold in dwelling units.The Landlord must disclose as part of the written report of the move-in inspection whether there is any visible evidence of mold in areas readily accessible within the interior of the dwelling unit. If the Landlord writes in the report that there is no visible evidence of mold, this written statement shall be deemed correct unless the Tenant objects to it in writing within five days after receiving the report. If the Landlord's written disclosure states that there is visible evidence of mold, 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 must remediate the mold condition within five business days thereafter and re-inspect 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.Tenant ObligationsHYPERLINK ""§ 55.1-1227. Tenant to maintain dwelling unit.Tenant must 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.Tenant must promptly notify the Landlord of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant.Landlord Obligations§ 55.1-1220. Landlord to maintain fit premises.HYPERLINK ""§ 55.1-1231. Relocation of tenant where mold remediation needs to be performed in the dwelling unit.Landlord must maintain the premises in such a condition as to prevent the accumulation of moisture and the growth of mold.Landlord must promptly respond to any notices from a Tenant with respect to visible mold. Where there is visible evidence of mold, the Landlord shall promptly remediate the mold conditions and reinspect the dwelling unit to confirm that there is no longer visible evidence of mold in the dwelling unit. The Landlord must provide Tenant with a copy of a summary of information related to the mold remediation occurring during that tenancy and, if the Tenant requests, the Landlord must make available the full package of information and reports on the mold remediation unless it is protected by attorney-client privilege.The Landlord shall pay all costs of the relocation and the mold remediation, unless the Tenant is at fault for the mold condition.Tenant RelocationHYPERLINK ""§ 55.1-1231. 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 for the Landlord to perform mold remediation in accordance with professional standards for a period not to exceed 30 days.The Landlord shall provide the Tenant with either (i) a comparable dwelling unit, as selected by the Landlord, at no expense or cost to the Tenant, or (ii) a hotel room as selected by the Landlord, at no expense or cost to the Tenant. The Landlord is not required to pay for any other expenses of the Tenant that arise after the relocation period. The Tenant shall continue to be responsible for payment of rent under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following the remediation.Nothing in this section shall be construed as entitling the Tenant to a termination of a tenancy where or when the Landlord has remediated a mold condition in accordance with professional standards.Testing and Remediation HYPERLINK "" § 8.01-226.12. Duty of landlord and managing agent with respect to visible mold."Mold remediation in accordance with professional standards," as stated in the law 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 United States 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.According to the EPA, if there has been mold growth of more than 10 square feet, one should reference the EPA publication Mold Remediation in Schools and Commercial Buildings for guidelines for the remediation/clean up of mold and moisture problems. If the mold growth area is greater than 10 square feet, relocation of the Tenant should be considered as an option.Management ObligationsThe Managing Agent will notify the Owner immediately, in writing, of any mold condition in the property of which the Agent has actual knowledge.A Company Agent or Employee has no obligation to inspect for mold or moisture accumulation.If actual mold or moisture accumulation is discovered, the Company will hire a contractor to address the problem and properly remediate.26.LEAD BASED PAINT"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.Disclosures42 US Code § 4852d. Disclosure of information concerning lead upon transfer of residential property HYPERLINK "" § 8.01-226.7. Owner and agent compliance with residential lead-based paint notification; maintenance immunity.Before the Tenant signs any lease for an initial term to rent a residential dwelling built prior to 1978, the Managing Agent must provide them with:An EPA approved lead hazard information pamphlet;Information on any known lead-based paint and/or lead-based paint hazards and any additional information or reports about which the agent had actual knowledge concerning the known lead-based paint or lead-based paint hazards; andA written statement acknowledging the disclosure and receipt of literature to be signed by the Tenant.The disclosure requirements also apply and continue during the term of the tenancy, for any new information in the possession of the Managing Agent or about which the Agent has actual knowledge concerning the presence of lead-based paint or lead-based paint hazards. The Managing Agent must make a written disclosure of any new information and provide the Tenant with a copy of a summary of that information, advising the Tenant that the full package of information and any report is available for inspection and copying if requested by the Tenant. Vendor Certification/RemediationAny repairs to a property that was constructed prior to 1978, that may disturb painted surfaces, must be performed by a Lead-Safe certified contractor with an EPA certificate on file, if required by law. 27.TRANSFER OF THE RENTAL PROPERTYA.Sale of Propertyi.Tenant NoticeHYPERLINK ""§ 55.1-1216. Disclosure.In the event of the sale of the rental property, the Landlord must notify the Tenant of the sale and disclose to the Tenant the name and address of the purchaser and a telephone number at which the purchaser can be located.B.Foreclosurei.Tenant Notice§ 55.1-1237. Notice to tenant in event of foreclosure.If a Property Manager receives notice of mortgage default, foreclosure, or similar notice from a lender affecting the rental property, they must deliver notice to the Tenant within 5 business days of receipt, unless the Tenant was already notified. If proper notice is not given, the Tenant has the right to terminate the rental agreement with written notice to the Landlord at least five business days prior to the effective date of termination. If the Tenant terminates, the security deposit must be disbursed in accordance with the law or rental agreement.ii.Tenant Occupancy§ 54.1-2108.1 Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits.If at the date of the foreclosure sale there is a Tenant living in the rental unit, the foreclosure will act as a termination of the rental agreement by the Landlord. If rent is paid a real estate licensee acting on behalf of the landlord as a Managing Agent, and the property management agreement was entered into prior to and was in effect at the time of the foreclosure sale, the Managing Agent may collect the rent and must place it into an escrow account by the end of the fifth business banking day following receipt.iii.Management Agreement HYPERLINK "" § 54.1-2108.1. Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits.If there is in effect at the date of the foreclosure sale a written property management agreement between the Landlord and a real estate licensee, the foreclosure shall convert the property management agreement into a month to month agreement between the successor Landlord and the Managing Agent, except in the event that the terms of the original property management agreement require an earlier termination date. Unless altered by the parties, the terms of the original agreement shall govern the agreement between the successor Landlord and the managing agent. The management agreement may be terminated by either party by providing written notice to the other party at least 30 days prior to the intended termination date. Any funds received or held by the managing agent shall be disbursed in accordance with the management agreement or as otherwise provided by law.Transfer of Escrow18 VAC 135-20-180: B.1.b. Maintenance and Management of Escrow Accounts.§ 54.1-2108.1. Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits.If there is in effect at the date of the foreclosure sale, a Tenant in the residential dwelling unit foreclosed upon and the Landlord is holding a security deposit of the Tenant, the holder of the Landlord’s interest in the dwelling unit at the time of the termination of tenancy shall return any security deposit and any accrued interest that is duly owed to the Tenant, whether or not such security deposit is transferred with the Landlord’s interest, and regardless of any contractual agreements between the original Landlord and his successors. The Landlord is allowed to make lawful deductions from the security deposit in accordance with applicable law.If a real estate licensee is holding escrow funds for the Owner of real property that is foreclosed upon, the licensee has the right to file an interpleader action.No funds shall be transferred to a Landlord client whose property has been foreclosed upon.28.Early termination by Military personnelIn Virginia, Landlords and Tenants are governed by both the Federal Servicemembers Civil Relief Act and the VRLTA’s provision for early termination by military personnel. Servicemembers Civil Relief Act50 U.S.C. § 3955 - Termination of residential or motor vehicle leasesIn general, the Tenant on a lease of premises that is occupied or intended to be occupied by a servicemember or a servicemember’s dependents may, at the Tenant’s option, terminate the lease if:The lease was executed by a person who later during the term of the lease enters military service; orThe lease was executed by a Tenant while in military service, and that Tenant later receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; or. The lease was executed by a Tenant while in military service upon receipt of military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; and thereafter receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember or servicemember’s dependents from occupying the lease for a residential purpose. Military orders are official military orders, or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status.Such a termination also terminates any obligation a dependent of the Tenant may have under the lease. To terminate, the Tenant must deliver written notice of termination and a copy of the servicemember’s military orders to the Landlord or Property Manager. The termination is effective 30 days after the first date on which the next rental payment is due after the date on which the notice of termination is delivered. Rent amounts for a lease that are unpaid for the period preceding the lease termination date shall be paid on a prorated basis. The Landlord cannot impose an early termination charge. However, any taxes, summonses, or other obligations and liabilities of the Tenant in accordance with the terms of the lease, including reasonable charges for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the Tenant.Any rents paid in advance for a period after the effective date of the termination of the lease shall be refunded to the Tenant within 30 days of the effective date of the termination of the lease.Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease under the SCRA, or who knowingly interferes with the removal of such property from the rental premises, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be guilty of a misdemeanor punishable by a fine and/or up to a year in prison. Waiver50 U.S. Code § 3918 - Waiver of rights pursuant to written agreementA servicemember may waive any of the rights and protections provided by the SCRA. To be effective, the waiver must be in writing and must be executed as an instrument separate from the lease agreement. The waiver is effective only if it is made pursuant to a written agreement of the parties that is executed during or after the servicemember’s period of military service. The written agreement shall specify that the waiver applies to the lease agreement and, if the servicemember is not a party to that instrument, the servicemember concerned. The waiver must be in at least 12 point type. Eviction HYPERLINK "" 50 U.S.C. § 3951 - Evictions and distress. 83 Fed. Reg. 5409 (Jan 1., 2018).In general, except by court order, a Landlord may not evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises that are occupied or intended to be occupied primarily as a residence; and for which the monthly rent does not exceed $3,991.90716.73 (this amount is adjusted for inflation every year by the department of defense) or subject such premises to a distress during the period of military service.VRLTAHYPERLINK ""§ 55.1-1235. Early termination of rental agreement by military personnel.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 terminate his rental agreement in accordance with the law 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 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.Tenants who qualify for early termination must serve the Landlord with written notice of termination to be effective on a date specified in the notice, but not less than 30 days after the first date on which the next renal payment is due after the date specified on the notice.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 transfer. Prior to the termination date, the Tenant must 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.Landlord may not charge liquidated damages.OtherAgent Transactions Licensees who are a principal to a transaction must comply with all laws, regulations and policies as though they were not involved in the transaction. HYPERLINK "" § 54.1-2103. Exemptions from chapter.-46037520256500[Add your company policy here. Things to consider in writing a policy include any changes in compensation policies, any changes in company specific advertising policies, etc.]Website Accessibility Agents maintaining their own business related website should ensure that it complies with current website accessibility guidelines. Current guidelines recommend the HYPERLINK "" Web Content Accessibility Guidelines version 2.0, Level Double A (“WCAG”) created by the World Wide Web Consortium. APPENDIX A Definitions§ 55.1-1200. Definitions."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 financial obligations as a Tenant under the rental agreement."Commencement date of rental agreement" means the date upon which the Tenant is entitled to occupy the dwelling unit as a Tenant. "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. "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. "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 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."Sublease" means the transfer by any Tenant of any but not all interests created by a rental agreement."Tenant" means a person entitled only under the terms of 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.APPENDIX B Table of Provisions that Must Be Reviewed The following provisions contain either blanks that must be filled in, options to select by the Broker, or policy that should be developed:Option/BlankPageMission Statement PAGEREF _Ref56752103 \h 9Vision Statement PAGEREF _Ref56752112 \h 9Contact Information PAGEREF _Ref56752118 \h 9Office Hours PAGEREF _Ref56752124 \h 9Observed Holidays PAGEREF _Ref56752129 \h 10 HYPERLINK \l "_Absences" Absences HYPERLINK \l "_ii._During_Affiliation" Licensee AffiliationTechnology PAGEREF _Ref56752209 \h 11Office Security PAGEREF _Ref56752218 \h 12Security System PAGEREF _Ref56752223 \h 12Weapons Policy PAGEREF _Ref56752234 \h 13 HYPERLINK \l "_Dress_Code" Dress Code PAGEREF _Ref56752673 \h 13Eating in the Workplace PAGEREF _Ref56752241 \h 13Document Retention PAGEREF _Ref56752709 \h 14 HYPERLINK \l "_Absences" Absences PAGEREF _Ref56752142 \h 15 HYPERLINK \l "_Employees" Vacation/Leave PolicyAutomobile Insurance PAGEREF _Ref56753582 \h 16Errors & Omissions Insurance PAGEREF _Ref56753587 \h 16 HYPERLINK \l "_Other_Insurance" Other Insurance PAGEREF _Ref21419804 \h 16Forms PAGEREF _Ref56753599 \h 17Signatory Authority PAGEREF _Ref56753628 \h 17Forms Deadlines PAGEREF _Ref56753634 \h 18Tenant Agency PAGEREF _Ref56753649 \h 28Limited Service Agency PAGEREF _Ref56753657 \h 30Independent Contractor Relationship PAGEREF _Ref56753670 \h 30Dual Agency PAGEREF _Ref56753675 \h 31Designated Agency PAGEREF _Ref56753679 \h 32Buyer Brokerage Agreement for Showings PAGEREF _Ref56753697 \h 33Security Deposits PAGEREF _Ref56753709 \h 40Expedited Processing PAGEREF _Ref56753717 \h 44Application Deposits PAGEREF _Ref56753724 \h 44Application Deposits - Receipt PAGEREF _Ref56753728 \h 44Application Fees PAGEREF _Ref56753737 \h 45 Rent PAGEREF _Ref56753749 \h 46Advertising Policies PAGEREF _Ref56753764 \h 53Business Cards PAGEREF _Ref56753771 \h 54 HYPERLINK \l "_Do_Not_Call" Do Not Call List PAGEREF _Ref56753778 \h 55For Lease Signs PAGEREF _Ref56753785 \h 56Directional Signs PAGEREF _Ref56753789 \h 57Lockboxes PAGEREF _Ref56753796 \h 58 HYPERLINK \l "_Photographs/Videos" Photos & Videos PAGEREF _Ref56753801 \h 58Owner Reserve Account PAGEREF _Ref56753809 \h 60Owner Mortgage Payments and Dues PAGEREF _Ref56753815 \h 60Owner Disbursements PAGEREF _Ref56753822 \h 60Move in Condition PAGEREF _Ref56753827 \h 61Pool/Spa Policies PAGEREF _Ref56753832 \h 61Property Maintenance PAGEREF _Ref56753836 \h 61Property Insurance PAGEREF _Ref56753841 \h 62Brokerage Relationship: Leasing Agreements PAGEREF _Ref56753849 \h 62Fees PAGEREF _Ref56753856 \h 62Property Sale PAGEREF _Ref56753860 \h 62HOA/Condo PAGEREF _Ref56753870 \h 62Accounting/Recordkeeping PAGEREF _Ref56753875 \h 63 HYPERLINK \l "_LEASING_APPLICATION_PROCESS" Lease Screening Process / Criteria PAGEREF _Ref56753881 \h 63Leasing Application Verifications PAGEREF _Ref56753889 \h 63Resident Selection Criteria PAGEREF _Ref56753895 \h 63Denied Applications PAGEREF _Ref56753900 \h 64Guarantors PAGEREF _Ref56753903 \h 65Criminal Background Screening PAGEREF _Ref56753922 \h 65Conditional Approval PAGEREF _Ref56753926 \h 66Application Fees PAGEREF _Ref56753930 \h 66Applicant Identification PAGEREF _Ref56753937 \h 67Rental Agreement Signatory Authority PAGEREF _Ref56753951 \h 68Move In Inspections PAGEREF _Ref56753955 \h 72Keys PAGEREF _Ref56753959 \h 72Move In Scheduling PAGEREF _Ref56753965 \h 73Lease Renewal Notices PAGEREF _Ref56753996 \h 74Tenant Policies PAGEREF _Ref56754120 \h 78 HYPERLINK \l "_Home_Businesses" Tenant Home BusinessesEarly Termination Non-Military PAGEREF _Ref56754132 \h 85Rent PAGEREF _Ref56754138 \h 86Pet Policy PAGEREF _Ref56754144 \h 88Disaster Contingency Planning PAGEREF _Ref56754149 \h 90Vendor Insurance Requirements PAGEREF _Ref56754155 \h 91Vendor – Other Documentation PAGEREF _Ref56754158 \h 91Property Inspections - Occupied PAGEREF _Ref56754170 \h 93 HYPERLINK \l "_Owner_Reports" Owner ReportsVacant Properties PAGEREF _Ref56754181 \h 96 HYPERLINK \l "_Agent_Transactions" Agent Transactions PAGEREF _Ref53387520 \h 105APPENDIX C List of Resources-547370167259000All Associates affiliated with the Company shall familiarize themselves and are required to keep themselves updated on all changes in the law insofar as they affect real estate licensees. Salespeople and Associate brokers of the Company shall comply with all Code of Ethics, Standards of Practice, and other rules and regulations imposed upon them by virtue of membership at NAR, Virginia REALTORS?, their local association, MLS and lockbox system. Associates will adhere to the rules and regulations imposed upon them by all federal and state laws and shall act in accordance with these laws and any other laws, rules, and regulations imposed upon them by being a real estate Licensee. Below is a list of resources for Associates to review so that they may comply with all rules, regulations, and standards of conducts imposed upon them by being part of _______________________________________________________________________ (Insert Company Name).STATE LAWS AND REGULATIONSDPORCode of VirginiaTitle 54.1 – Professions and Occupations; Chapter 21 – Real Estate Brokers, Sales Persons and Rental Location AgentsTitle 55.1 – Property and Conveyances Title 55.1 – Property and Conveyances; Chapter 12 – Virginia Residential Landlord and Tenant Act (VRLTA)Title 36 – Housing; Chapter 5.1 – Virginia Fair Housing LawTitle 55.1 – Property and Conveyances; Chapter 19 – Condominium Act HYPERLINK "" Title 55.1 – Property and Conveyances; Chapter 18 – Property Owners’ Association Act (POA Act)Virginia Administrative CodeReal Estate Board Virginia Employment Commission ASSOCIATION RESOURCESNAR – Code of Ethics REALTORS? Legal Resources Legal ResourcesStandard FormsLocal AssociationRules & BylawsBROKER TO FILL IN Lockbox Rules & RegulationsBROKER TO FILL INMLS – Rules & Regulations BROKER TO FILL INOTHER RESOURCESHUD Assistance Animal Guidance Document PAGE ................
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