1405 Sunken Road Lease & Application

Leased Property

1. The Landlord agrees to rent to the Tenant the house, municipally described as 1405 Sunken Road, Fredericksburg, VA 22401 (the "Property"), for use as residential premises only.
2. Subject to the provisions of this Lease, apart from the Tenant and the Tenant's immediate family members, no other persons will live in the Property without the prior written permission of the Landlord.
3. No guests of the Tenant may occupy the Property for longer than one week without the prior written consent of the Landlord.
4. No animals are allowed to be kept in or about the Property. Service animals as defined by the Americans with Disabilities Act are permitted with prior written notice.
5. Subject to the provisions of this Lease, the Tenant is entitled to street parking in front of the home along Sunken Road.
6. The Tenant and members of the Tenant's household will not smoke anywhere in the Property nor permit any guests or visitors to smoke in the Property.
7. The Tenant and members of the Tenant's household will not vape anywhere in the Property nor permit any guests or visitors to vape in the Property.

Term

8. The term of the Lease commences at 12:00 noon on the start date specified at signing and ends at 12:00 noon on the end date specified at signing. Minimum term is 30 days.
9. Any notice to terminate this tenancy must comply with the applicable legislation of the Commonwealth of Virginia, including the Virginia Residential Landlord and Tenant Act (the "Act") where applicable.

Rent

10. Subject to the provisions of this Lease, the rent for the Property is the monthly amount specified at signing (the "Rent").
11. The Tenant will pay the Rent on or before the fourth day of each and every month of the term of this Lease to the Landlord at 501 Caroline St., Fredericksburg, VA 22401, or at such other place as the Landlord may later designate, by cash, check, direct debit from a bank or other financial institution, Venmo, Zelle, or other peer-to-peer electronic payment platforms.
12. The Landlord will not increase the Rent for the Property for the duration of this Lease. Before renewal of the Lease, and upon providing to the Tenant such notice as required by the Act, the Rent may be increased, but no more than $200 per month per renewal, and an increase is not guaranteed.
13. The Tenant will be charged an additional amount of $50.00 per infraction, or the maximum amount allowable under the Act (whichever is lesser), for any Rent received after the greater of four days after the due date and any mandatory grace period required under the Act, if any.

Security Deposit

14. On execution of this Lease, the Tenant will pay the Landlord the security deposit specified at signing (the "Security Deposit"). The Security Deposit will not exceed two months' Rent, consistent with VRLTA limits.
15. The Landlord will hold the Security Deposit at an interest-bearing account solely devoted to security deposits.
16. During the term of this Lease or after its termination, the Landlord may charge the Tenant or make deductions from the Security Deposit for any or all of the following:
    1. repair of walls due to plugs, large nails, or any unreasonable number of holes in the walls, including the repainting of such damaged walls;
    2. repainting required to repair the results of any other improper use or excessive damage by the Tenant;
    3. unplugging toilets, sinks, and drains;
    4. replacing damaged or missing doors, windows, screens, mirrors, or light fixtures;
    5. repairing cuts, burns, or water damage to flooring and other areas;
    6. any other repairs or cleaning due to damage beyond normal wear and tear caused or permitted by the Tenant or by any person whom the Tenant is responsible for;
    7. the cost of extermination where the Tenant or the Tenant's guests have brought or allowed insects into the Property;
    8. repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls;
    9. replacement of locks and/or lost keys to the Property and any administrative fees associated with the replacement as a result of the Tenant's misplacement of the keys;
    10. any other purpose allowed under this Lease or the Act.
    For the purpose of this clause, the Landlord may charge the Tenant for professional cleaning and repairs if the Tenant has not made alternate arrangements with the Landlord.
17. The Tenant may not use the Security Deposit as payment for the Rent.
18. The Landlord will return the Security Deposit at the end of this tenancy, less such deductions as provided in this Lease, but no deduction will be made for damage due to reasonable wear and tear nor for any deduction prohibited by the Act.
19. Within the time period required by the Act and after the termination of this tenancy, the Landlord will deliver or mail the Security Deposit, less any proper deductions or with further demand for payment, to the forwarding address provided by the Tenant at move-out, or at such other place as the Tenant may advise.

Inspections

20. The Parties will complete, sign, and date an inspection report at the beginning and at the end of this tenancy.
21. At all reasonable times during the term of this Lease and any renewal of this Lease, the Landlord and its agents may enter the Property to make inspections or repairs, or to show the Property to prospective tenants or purchasers, in compliance with the Act.

Tenant Improvements

22. The Tenant may NOT make improvements or alterations to the Property without prior written consent from the Landlord.

Utilities and Other Charges

23. The Landlord is responsible for the payment of the following utilities and other charges in relation to the Property as confirmed at signing: typically electricity, water/sewer, internet, garbage collection, and any alarm/security service. Specific utility allocations are documented in the addendum executed at signing.

Insurance

24. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. The Tenant is encouraged to obtain renter's or traveler's insurance.
25. The Tenant is not responsible for insuring the Landlord's contents and furnishings in or about the Property for either damage or loss in the ordinary course of use, and the Tenant assumes no liability for any such loss except to the extent the loss arises from the Tenant's negligence or intentional act.

Attorney Fees

26. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.

Governing Law & Severability

27. This Lease will be construed in accordance with and exclusively governed by the laws of the Commonwealth of Virginia.
28. If there is a conflict between any provision of this Lease and the Act, the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Any provisions that are required by the Act are incorporated into this Lease.
29. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease. Such other provisions remain in full force and effect.

Amendment, Assignment, and Subletting

30. This Lease may only be amended or modified by a written document executed by the Parties.
31. The Tenant will not assign this Lease, or sublet or grant any concession or license to use the Property or any part of the Property. Any assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at the Landlord's option, terminate this Lease.

Damage to Property

32. If the Property should be damaged other than by the Tenant's negligence or willful act — or that of the Tenant's employee, family, agent, or visitor — and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice consistent with the Act.

Care and Use of Property

33. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
34. The Tenant will not engage in any illegal trade or activity on or about the Property.
35. The Parties will comply with standards of health, sanitation, fire, housing, and safety as required by law.
36. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
37. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address, and phone number of the person performing the inspections.
38. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as it was at the commencement of this Lease, reasonable use and wear and tear excepted.

Rules and Regulations

39. The Tenant will obey all rules and regulations of the Landlord regarding the Property, including the published House Rules at usmcmin.com/direct-booking.html#house-rules, and will direct any guests to do the same.

Video Surveillance Disclosure

40. The Tenant is hereby advised that the Property has an exterior Google Nest video doorbell at the front entry only, used by the Landlord for safety, package monitoring, and check-in coordination. There are no audio or video recording devices inside the Property. By signing this Lease, the Tenant acknowledges this disclosure.

Mediation

41. If any dispute relating to this Lease between the Parties is not resolved through informal discussion within 14 days from the date a dispute arises, the Parties agree to submit the issue before a mediator. The decision of the mediator will not be binding on the Parties. Any mediator must be a neutral party acceptable to both Parties. The cost of any mediation will be shared equally by the Parties.

Address for Notice

42. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the contact information provided at signing.
43. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: Bow and Arrow Studios, LLC
    2. Address: 501 Caroline St., Fredericksburg, VA 22401
    3. Phone: (832) 721-4228
    4. Email: [email protected]

General Provisions

44. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
45. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches, or non-performance.
46. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns of each Party. All covenants are to be construed as conditions of this Lease.
47. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
48. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions, and liabilities pursuant to this Lease.
49. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
50. The Tenant will be charged an additional amount of $25.00 for each NSF check or check returned by the Tenant's financial institution.
51. If the Tenant moves out prior to the natural expiration of this Lease, a re-rent levy of $400.00 will be charged to the Tenant in addition to any rent owed.
52. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease.
53. This Lease may be executed in counterparts. Electronic signatures (including those collected via SignWell or any other e-signature provider) are binding and considered original signatures, consistent with the federal E-SIGN Act and the Virginia Uniform Electronic Transactions Act.
54. This Lease constitutes the entire agreement between the Parties.
55. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual "For Sale," "For Rent," or "Vacancy" signs on the Property.
56. Time is of the essence in this Lease.