Residential Sublease Agreement - Virginia

Residential Sublease Agreement — Virginia

No additional security deposits or rent shall be charged unless they are listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.

All rent in this schedule is payable to [PAYEE]. Each partial-period amount replaces recurring rent for its covered dates; the same dates must not be charged twice. If the entire term fits within one partial period, complete the initial row and mark the final and first full rows "none." Sublessor will credit rent already paid for dates covered by a completed partial-period row and refund any excess for those dates within 15 days after the sublease ends.

Before you use this: Attach the complete master lease and document any required Primary Landlord approval. Give Subtenant the current Virginia DHCD Statement of Tenant Rights and Responsibilities and its acknowledgment with this Agreement. Complete the first-page charges and property-specific disclosures before signing.

This Agreement is made on [__/__/____] between [PRIMARY TENANT FULL NAME] (“Sublessor”) and [SUBTENANT FULL NAME] (“Subtenant”). The owner or primary landlord is [NAME] (“Primary Landlord”).

1. Premises, master lease, and approval

Address: [STREET, UNIT, CITY, VIRGINIA ZIP]. Space: ☐ Entire dwelling ☐ [ROOM/AREA] with shared use of [COMMON AREAS]. Master lease dated: [__/__/____]. Master lease term: ☐ Fixed through [__/__/____] ☐ Month to month. The complete master lease, amendments, and rules are attached as Exhibit A and delivered to Subtenant.

Master-lease subletting clause: [SECTION AND TERMS / NONE]. Approval: ☐ Exhibit A permits the sublease without further approval. ☐ Primary Landlord's written approval is attached as Exhibit B or signed below. ☐ Housing-program authorization is attached as Exhibit B. Where the master lease gives Primary Landlord approval authority, submit the prospective Subtenant's written application on Primary Landlord's form. Va. Code § 55.1-1204(G) gives Primary Landlord 10 business days after receipt to approve or disapprove; failure to act is evidence of approval, not an automatic release of Sublessor. Subtenant will not occupy before the required approval or a documented lawful basis to proceed is established. Sublessor remains responsible under the master lease unless Primary Landlord separately releases Sublessor in writing.

2. Term, rent, and payment

The sublease begins [__/__/____] and ends [__/__/____], no later than Sublessor's lawful right to possess under the master lease. Any extension requires a signed writing and any required Primary Landlord approval. Initial and final partial-period rent, if any, and their covered dates and due dates are stated in the first-page schedule. Pay the payee named there at [ADDRESS/ACCOUNT] by [METHOD]. Sublessor accepts check and money order; a payment method without a processing fee is [METHOD]. Sublessor will issue a written receipt for cash or money-order payments.

Late charge: ☐ None ☐ $[____] if rent remains unpaid [____] days after due. An incomplete amount or trigger means no late charge is agreed. Any late charge is limited to the lesser of 10% of periodic rent or 10% of the remaining amount due. Other recurring charges payable to Sublessor are stated in the first-page schedule. Utilities and services paid by Sublessor: [LIST]. Paid by Subtenant: [LIST AND ALLOCATION].

3. Deposit and condition

The refundable deposit shown on the first page may not exceed two months' periodic rent. It secures only amounts allowed by Va. Code § 55.1-1226 and this Agreement, excluding ordinary wear and tear from damage deductions. Primary Landlord and Sublessor will document which party holds each deposit; Va. Code § 55.1-1226(H) limits a landlord holding a deposit from both a tenant and that tenant's sublessee.

Within 45 days after the later of tenancy termination or Subtenant vacating, Sublessor will provide a written itemization of deductions and any refund. Subtenant's forwarding address: [ADDRESS / TO BE PROVIDED]. The statutory move-out inspection, notice, and any applicable escrow rules remain available. Move-in condition report: [EXHIBIT C / IDENTIFY].

4. Occupancy, repairs, and entry

Permitted occupants: [NAMES]. Pets: [TERMS / NONE]. Parking/storage: [TERMS / NONE]. Attached rules: [IDENTIFY / NONE]. Subtenant will keep the dwelling reasonably clean, report needed repairs promptly, and avoid damage beyond ordinary wear. Sublessor will keep the premises fit and habitable as applicable law requires and coordinate work that Primary Landlord must perform.

Sublessor may request Subtenant's consent to enter for lawful inspection, repair, service, or showing; Subtenant will not unreasonably withhold consent. Sublessor may enter without consent in an emergency. Except in an emergency or when impractical, Sublessor will give notice of intent to enter and enter only at reasonable times. Unless impractical, Sublessor will give at least 72 hours' notice of routine maintenance Subtenant did not request, complete it within 14 days after notice, and state the last possible maintenance date. Subtenant-requested maintenance does not require that notice. Entry will not be used to harass Subtenant.

5. Required contacts, insurance notice, and surrender

Person authorized to manage premises: [NAME AND MAILING ADDRESS]. Owner or authorized person for service and notices: [NAME AND MAILING ADDRESS]. Sublessor notice address: [ADDRESS]. Subtenant notice address: [DWELLING / OTHER ADDRESS]. The parties will keep these details current and deliver notices as applicable law requires.

Notice given before signing because this Agreement does not require renter's insurance: Sublessor is not responsible for Subtenant's personal property. Sublessor's insurance does not cover Subtenant's personal property. Subtenant should obtain renter's insurance to protect that property; renter's insurance does not cover flood damage. Subtenant may consult FEMA's National Flood Insurance Program or Virginia's Flood Risk Information System for flood-hazard information.

At the lawful end of possession, Subtenant will vacate, remove personal property, return keys to [PERSON], leave the dwelling reasonably clean subject to ordinary wear, and provide a forwarding address. A default or possession action follows lawful process. Protected and other nonwaivable statutory rights remain available.

Property disclosures and move-in record

Within five days after occupancy, Sublessor will deliver a written move-in damage report that states whether visible mold appears in readily accessible interior areas. Subtenant may object in writing within five days after receiving it. Attach the report as Exhibit C.

Before Subtenant signs, complete and deliver any applicable separate written disclosure:

• Military air installation locality: ☐ Not applicable after review of the locality's official zoning map. ☐ Applicable; property is in [NOISE ZONE / ACCIDENT POTENTIAL ZONE / BOTH], specifically [ZONE]; attach the written disclosure.
• Defective drywall: ☐ No actual knowledge of unremediated defective drywall. ☐ Actual knowledge; attach a written disclosure of the condition.
• Prior methamphetamine manufacture: ☐ No actual knowledge of prior manufacture without cleanup under the applicable guidelines. ☐ Actual knowledge; attach the required written disclosure.
• Multifamily conversion or displacement under Va. Code § 55.1-1216(C): ☐ Not applicable. ☐ Applicable; attach the written disclosure.

These checkboxes document review; an applicable disclosure must be separately completed and delivered on time. Identify attached disclosures: [LIST / NONE].

• Exhibit A: Complete master lease, amendments, and rules: ☐ Attached and delivered.
• Exhibit B: Primary Landlord and housing-program authorization: ☐ Attached ☐ Signed below.
• Exhibit C: Move-in condition report: ☐ Attached.
• DHCD statement and completed acknowledgment: ☐ Attached and delivered.
• Applicable property-specific disclosures: [IDENTIFY / NONE].
• Exhibit D, signed federal lead disclosure for covered housing: ☐ Attached. Construction year and any exemption: [YEAR; EXEMPTION / NONE]. For covered housing, complete and sign Exhibit D before this Agreement becomes binding.

6. Agreement and signatures

Virginia law governs. No provision waives a nonwaivable right. An unenforceable provision does not cancel the remainder. Changes require a writing signed by both parties and any required consenting person. Sublessor will provide Subtenant a signed copy and the DHCD statement within 10 business days of this Agreement's effective date. Each party receives a signed copy.

Sublessor: [SIGNATURE] Date: [__/__/____] Printed name: [________________]

Subtenant: [SIGNATURE] Date: [__/__/____] Printed name: [________________]

Primary Landlord authorization, if required: I approve this specific sublease. This signature alone does not release Sublessor from the master lease.

Primary Landlord/agent: [SIGNATURE] Date: [__/__/____] Printed name/capacity: [________________]

Exhibit D — Federal lead-based paint disclosure for covered housing

Complete this exhibit before a covered separate subtenancy becomes binding. Construction year: [____]. A rental of an individual room may be exempt as a 0-bedroom dwelling under 40 C.F.R. § 745.103 unless a child under six resides or is expected to reside there. Check the actual space and child-occupancy condition. Sublessor must deliver the federally approved lead-hazard information pamphlet and all available lead records or reports before signing.

Lead Warning Statement (40 C.F.R. § 745.113(b)(1)):

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Sublessor's disclosure: ☐ Sublessor knows of lead-based paint or lead-based paint hazards in the dwelling. Location, condition of painted surfaces, and basis for that knowledge: [____]. ☐ Sublessor has no knowledge of lead-based paint or lead-based paint hazards in the dwelling.

Records and reports: ☐ Sublessor has provided Subtenant copies of all available lead records and reports, listed here: [____]. ☐ Sublessor has no such records or reports.

Subtenant acknowledgment: Subtenant acknowledges receipt of Sublessor's disclosure above, the identified records and reports (if any), and the federally approved lead-hazard information pamphlet.

Agent certification, if an agent participates: The agent has informed Sublessor of Sublessor's duties under 42 U.S.C. § 4852d and is aware of the agent's duty to ensure compliance with the federal disclosure rule. ☐ No agent participates.

The signers certify that their respective statements above are accurate to the best of their knowledge.

Sublessor: [SIGNATURE] Printed name: [____] Date: [DATE]

Agent, if any: [SIGNATURE / NOT APPLICABLE] Printed name: [____] Date: [DATE]

Subtenant: [SIGNATURE] Printed name: [____] Date: [DATE]