Best practices for renting from an individual

There is a bit of a misnomer existing in the circles of "common knowledge" about Virginia rental laws favoring the tenant. This is true enough in the cases of apartment complexes and condo buildings when you rent from a company that owns the building. However, if you rent from an individual and this landlord owns and rents less than 4 condos or less than 10 single family homes, there are practically no laws covering you as a tenant, with the exception of Virginia Common Law. The "Virginia Laws" which favor you the tenant come in the form of the Virginia Residential Landlord Tenant Act, which unfortunately for us has a list of exemptions, the most common exemption is the 4 condo/10 single family homes exemption. The VRLTA has many important rules about when a landlord can enter the premise, how much a landlord can ask as a security deposit, and when the landlord needs to provide information on keeping any portion of the security deposit. It is very important that you do everything you can to ensure that you are covered by these laws.

Given this information, when considering renting from an individual (not an apartment complex or rental company), please keep the following in mind:

1) READ THE LEASE CAREFULLY!! If your landlord is not covered by the VRLTA, the only protections you have are written into your lease. If the lease does not explicitly call out the VRTLA, ask that it be added. Don't be afraid to get a copy of the lease and read it over then set up a separate time to come back and sign it.

2) When you move in, document everything. If your landlord does not provide you with a move in inspection checklist. Take plenty of pictures and fill out the checklist, if you can, ask that the landlord be present. Either way, get the landlord to sign off on the sheet.

3) During the course of your lease, document everything. I would recommend that you get a free email account which archives your emails (gmail) and make all communications through email. Don't delete ANY communication you ever have between you and your landlord, if you ever end up in a dispute even the most innocuous emails could prove to be extremely valuable.

4) Always pay your rent. Even if your landlord has not fixed major issues with the residence you can not withhold rent. If the landlord is not responsive to fixing issues contact your local county consumer affairs board or housing office. If an issue is bad enough that you would consider withholding rent then it is likely bad enough that it is a building code violation or something similar. Bottom line, always pay your rent. On time.

5) If you ever have an issue where the landlord needs to come in and make repairs document every part of that transaction. If a contractor comes in an says this damage has existed previous to you moving in, get it in writing. If a contractor or the landlord claims that they will not charge you for damage, get it in writing. Also if you believe that damage you caused was not your fault because of shoddy construction or otherwise, start that conversation when the incident happens and document everything (take pictures too).

6) Get a move out inspection! If you ask for a move out inspection and your requests are ignored you have to take it upon yourself to dog you landlord until they agree to this. During the walk through, cover everything is as great a detail as possible. Take pictures, print out and fill out a move out inspection form even if the landlord does not provide you with one. Be sure to get the landlord to sign off on this inspection! Also do this with enough time so that if you find issues that you can fix you have time to fix them before the end of the lease.

7) Return your keys! Depending on your lease some landlords can charge you additional rent if you don't turn in your key. Otherwise your lease may have a section with a penalty if you do not turn in your key. Additionally, don't allow a hard to reach or non responding landlord sucker you into these charges. Dog them until they agree to meet to exchange the key or worst case mail it to them and get it post marked by the end of the lease.

8) Leave a forwarding address. Leave a forwarding address when you turn over your key. Do it by email and ask for a receipt, do it via usps and get a receive receipt, however you do it, be sure to leave a forwarding address.

This is all for now. Stay tuned as this blog evolves and let me know of more issues that you have had so that I can update this blog! Also, if any of my links are down let me know and I will update them. I am also not partial to the move-in/out check list that I found. If anyone has a better one let me know and I will replace that link.

Thanks!