In collaboration with NVAR, RAR and FutureLaw, LLC., VAR’s Standard Forms Working Group recently completed a massive overhaul of VAR’s property management forms. You will notice major changes that make the forms more user-friendly and ensure accuracy. Below are a few highlights of the revised forms. Please keep in mind that this article provides highlights; you should read each revised form carefully to ensure you are familiar with all the changes. Residential Lease • • •
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The lease was reformatted to move all blanks that must be filled to the front of the document or immediately before the signature blocks at the end of the lease. An “Optional Provisions” section was added to address asbestos, lead-based paint, defective drywall, tenant transfer (non-military), and diplomats. A provision was added stating that a violation of any POA or condominium association rule or regulation will constitute a breach of the lease. New language was added to require the tenant to pay for the cost of any unnecessary service call and any costs incurred as a result of the tenant failing to keep appointments with service persons that require access in order to make scheduled repairs.
Application for Lease • • • •
The document was reformatted to allow for three applicants on one application. This was done in an easy to read vertical format. Language regarding the disposition of the application deposit was clarified. A provision requiring that fees will be charged per applicant was added. Disclosures were added concerning defective drywall and military air installations, with applicable addenda provided.
Listing Agreement – Exclusive Right to Lease • •
A schedule was added concerning specific appliances, fixtures and amenities to be provided. Changes were made pertaining to advertising, listing services, and a provision was added concerning opting out of the Internet.
Property Management and Exclusive Rental Agreement • • • • •
A section was added requiring that if the property was constructed prior to 1978, the landlord must use a certified lead-based paint renovator for any repairs to the property. New language was added that allows the agent to retain rental payments during the last month of the lease agreement in order to pay outstanding charges affecting the property. A provision was added requiring the landlord to keep and maintain all utilities on in the landlord’s name during any periods of vacancy of the property. A new Property Management Information Form was added. A new defective drywall disclosure was added.
Pet Addendum •
New language makes it clear that the pet deposit will not be returned until the end of the lease, even if the pet dies or is removed from the dwelling unit before the end of the lease term.