WORSHAMMOBILEHOMEPARK

5315 Hull Street Rd

Richmond, VA23224-2425

804-230-6145 or 804-232-5538

This lease dated ______,______between WorshamMobileHomePark, (“Lessor”) and

______, (“Lessee’s”).

WITNESSETH

LESSEE hereby agrees to lease from Lessor, Lt # ____, in the Worsham Mobile Home Park, 5349 Hull Street Rd, Richmond, VA 23224 (the “Park”), from______until______, for the sum of

$ ______(by check or money order) payable : the first month’s rent in addition to a deposit of

$ ______BEFORE occupying the premises, and subsequent monthly installments of

$ ______which consists of:

$ 380.00: base monthly rent. If two adults, both must also be on the title of the trailer.

$ ______: @ $15.00 per extra individual and/or residing co-signer.

$ ______: @ $10.00 per pet not to exceed one dog and one cat.

by check or money order made out to “WORSHAM MOBILE HOME PARK” on or before the first day of each calendar month at 5315 Hull Street Rd, Richmond, VA23224-2425.

  1. Charges. Rent is due on the first day of the month. If any installment of rent is not received by 4:00 o’clock P.M. of the fifth day of each month, Lessee shall pay a late charge of $35.00. Lessee agrees to pay a fee of $30.00 for any check returned for any reason. The Annual Stormwater Run-Off Utility Fee must be paid directly to Worsham Mobile Home Park as a special assessment to be determined when the fee is calculated by the City of Richmond. This fee is considered part of the yearly rent.

2. Deposit/Damage Waiver. Deposit/Damage Waiver must be paid in full prior to moving into the park. Under no circumstances is the said security deposit to be construed as rent. Landlord is authorized to place security deposit in an interest bearing account with interest accruing to landlord. The security deposit will be returned to resident at the conclusion of the lease period only upon the occurrence of all the following conditions: (a) payment of all rent due; (b) the vacating of the premises in clean condition; (c) return of mailbox keys to the landlord; (d) removal of abandoned articles from the premises; and (e) upon furnishing a forwarding address to the landlord. Deductions from the security deposit shall be made for any damages done to the premises. After the above conditions have been met by the resident, the security deposit or portions thereof shall be returned to the resident at the forwarding address, along with an itemized accounting of any charges or damages or other sums owed by resident, no later than thirty (30) days after the termination of this lease. Resident shall not withhold payment of the last month’s rent or any portion thereof on grounds that the security deposit serves as security for the unpaid rental. Resident agrees to give the landlord sixty (60) days advance written notice of vacating premises, and failure to do so shall constitute the forfeiture of the security deposit herein. The security deposit will not be returned if Lessee breaks the lease for any reason.

3.Termination/Renewal. Unless (a) terminated in writing by either party at least sixty (60) days prior to the end of any term, or (b) there is any change in the terms of the leaseprovided by written notice to you at least sixty (60) days prior to the end of any term, or (c) there is an unpaid balance owed at the time of renewal, this lease shall be continued on the same terms and rent for successive renewal terms of 12 months each. A new lease reflecting changes in terms and/or the Rules and Regulations is mailed or otherwise given each year to all tenants. You are hereby notified that Tenants with an outstanding balance on the property at the time of renewal WILL NOT be offered a new lease and the terms of the current lease will terminate at the conclusion of the lease period. It is expected that the updated lease be signed and returned immediately. Failure to return any updated lease does not excuse the tenant from following all rules and regulations set forth in the new lease and may be grounds for termination at the end of the then-current term. See also # 6 below. Before the mobile home is sold or removed from the lot, the Park management must sign an inspection of premises form. Please see “Inspection of Premises/Release Form” for clarification.

  1. Escalation Clause. Lessor reserves the right to increase the rent of all tenants across the board at any time prior to the annual renewal date of the rental agreement.
  1. Obligations
  1. Lessor shall provide and maintain in good working order access at ground level to electric, water, and sewage disposal connections for the leased premises, provided, however, that Lessor shall not be liable for temporary interruptions for any such utility services. Lessor will provide a mailbox and weekly city trash removal service.

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Revised June 2017

  1. Lessee shall use the premises for one mobile home dwelling unit to be occupied only by those persons in Lessee’s family identified on Lessee’s rental application in a ratio not to exceed two persons per bedroom. No more than two adults, aside from dependent children under the age of 21 years, per mobile home will be permitted. No boats, trailers, recreational vehicles, and no more than two automobiles shall be permitted on or adjacent to the Park premises. These vehicles must be licensed, have current city, state and inspection stickers and be in proper operating condition. No maintenance, repairs, or washing of these vehicles will ever be permitted on the Park premises.
  2. Lessee shall install and maintain the premises, including all the yard and plumbing fixtures, facilities and appliances in thorough repair and in good, clean and safe condition, and shall unstop, keep clear and maintain in good working order all above-ground water, waste and other pipes thereon. The underground plumbing from the trailer to the main line is the responsibility of the homeowner. All outside plumbing connections in the manhole shall be kept insulated with regular rolled fiberglass insulation and shall be opened for inspection at any time. Management reserves the right to inspect/post notices on Lessee’s property at any time for compliance. Non- compliance of aforementioned may result in rental increase, fines or additional fees or notice of eviction to tenant.
  3. Lessee shall not make any permanent improvements. Alterations, additions or improvements to the leased premises or exterior of Lessee’s mobile home, (including and without limitations, satellite dishes, fences, sheds, driveways, patios, decks, screened porches, roofs or awnings, pet pens/kennels or enclosures) must first have Lessor’s written consent. No satellite dishes or antennae of any description are to be installed at any level below the roof level. No existing porch may be altered into a room addition or enclosure. Purchased manufactured metal awnings or manufactured canvas style awnings only will be considered for installation. At no time ever will any privacy fences, swimming or wading pools, Jacuzzis or spas of any kind be permitted within the park. Upon termination of this lease, any alterations, additions or improvements approved by Lessor shall, at the option of Lessor, remain with the property or be removed by Lessee and the premises returned to original condition at the expense of Lessee.
  4. Lessee will pay all utility charges for heating, electricity, telephone, water and sewage (other than provided by Lessor provided in paragraph “a” above). Such charges shall be considered additional rent. All repairs necessary to any of the utility connections in or outside the mobile home are the sole responsibility of the Lessee, including electrical breakers. Lessor uses a ratio utility billing system (RUBS), currently managed by Multifamily Utility Company, Inc., that utilizes a mathematical formula for allocating among the tenants in the manufactured home park the actual water and sewer billings billed to the park owner by the City of Richmond.

See the example of how the calculation is determined below:

RUBS Utility Billing (“RUBS” is an acronym for Ratio Utility Billing System)

50/50 Allocation Method(50% based on occupant count, 50% based on unit square footage)

Calculation #1: Allocated Utility Expense

The allocated portion of a properties utility expenses (the amount passed back to residents) is reduced by 10% to account for common area usage. This cost is absorbed by the property, thus reducing the amount of the bill allocated to the individual residents.

Utility / Example of Monthly Expense / Common Area Absorption / Allocated Expense
Water / $3,000.00 / 10% / $2,700.00
Sewer / $6,000.00 / 10% / $5,400.00

Calculation #2: Split of Allocated Expense

The remaining balance of property expense is divided in two halves, one half of which will be used for the square footage component of the calculation and the other half of which will be used for the occupant count calculation. (example above: $1,300.00 for water and $2,700.00 for sewer)

Calculation #3: Occupant Count Calculation

The occupant count allocation formula is based upon the number of residents in a unit as a percentage of total residents on the property, with less weight given to each resident beyond the first in each unit. This results in an Occupant Usage Factor, used in the individual unit calculation:

Actual Occupants / Occupant Usage Factor
1 / 1
2 / 1.6
3 / 2.2
4+ / 0.4 additional

As an example, unit 104 has 2 residents, and thus an occupant usage factor of 1.6. The sum of all residents for all units in the park is 284. Divide the occupant usage factor for the unit by the total of all units to arrive at a percentage. In this case 1.6/284=.553. Take this percentage and apply it to the property’s water/sewer bill to arrive at the residents portion of the bill.

In this case:

Utility / Allocated Expense / Occupant Usage / Resident Allocated Share
Water / $1,300.00 / .00553% / $7.19
Sewer / $1,300.00 / .00553% / $14.93

Calculation #4: Square Footage Calculation

Assume:

  • unit 104 has a total of 1064 square feet
  • there is a total of 95,800 square feet on the property

Unit 104: 1064/95,800 = .0011% of the property’s total allocated utility expense. A total utility expense for each unit is calculated by multiplying the respective individual unit percentage by each of the property’s allocated utility expenses.

In this case:

Utility / Allocated Expense / Unit Percentage / Resident Allocated Share
Water / 1300.00 / .0011 / $14.30
Sewer / 2700.00 / .0011 / $29.70

Calculation #5: Resident Billing Calculation

The unit’s bill is determined by adding together the two preceding components. In this example:

Utility / Occupant Count Portion / Square Footage Portion / Total
Water / $7.19 / $14.30 / $21.49
Sewer / $14.93 / $29.70 / $44.63
Total Resident Utility Expense / $66.12

Note that the amount of the bill from the City of Richmond fluctuates each month due to the number of days in the billing cycle.

Lessee will receive a monthly invoice for their prior months’ water and sewage usage ratio from a third party company, currently Multifamily Utility Company, Inc.. Lessee must pay for their allocated amount to the Worsham Mobile Home office at the time of their rent payment. A set up charge, service charge, late charge and move-out fee may be added to the water and sewage billing pursuant to the Code of Virginia §55-248.41et seq.

  1. Insurance. Lessee shall protect by insurance or otherwise against injury or damage from whatever cause to Lessee’s person or property, to Lessor’s property on the leased premises and to the person or property of those on the premises with Lessee’s consent, and Lessee shall indemnify and hold Lessor harmless from all claims arising from any such injury or damage (see No. 15 below). Lessee shall protect with the proper insurance home, personal property and automobiles.

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Revised June 2017

  1. Lessee shall properly install and maintain during the term of this lease, commercial skirting around Lessee’s mobile home and winterize, with insulation, the home and above-ground pipes as necessary to protect against damage to the leased premises, Lessor’s property on the leased premises and Lessee’s mobile home due to cold or other natural winter conditions. A charge of $130.00 over and above any plumber’s bill will be assessed to any Lessee for water left running from any tap for whatever reason.
  2. Lessee shall give written notice to Lessor of any anticipated extended absences from the leased premises in excess of seven (7) days.
  3. In the event Lessee’s mobile home is or becomes subject to a security interest, Lessee shall notify Lessor within ten (10) days of any such security interest. Lessee shall maintain with Lessor or agent at all times during the term of this lease proof of ownership of Lessee’s mobile home or proof of Lessee’s right to occupy said home.

6.Rules and Regulations. (Exhibit “B”) Violation of the rules and regulations attached to this lease (and hereby incorporated herein as part hereof) shall be considered a breach of this lease. Persons evicted from the property will thereafter be considered trespassers; they are not at liberty to reside, however temporary, with any other resident of the park. It is the obligation of the Lessee to understand and obey the contents of the Rules and Regulations even if the Lessee’s native language is not English. Es la obligación del arrendatario entender y obedecer el contenido de las reglas y de las regulaciones aunque la lengua materna del arrendatario no es inglés.

7.Rental Application. The rental application submitted by Lessee has been an inducement for Lessor to rent the premises to Lessee. Misrepresentation of any material fact in the rental application shall constitute a breach of this lease.

  1. Occupancy. The premises shall be used only as a private residence and as a SINGLE FAMILY dwelling, and for no other purpose, with the number of adults and children residing therein not to exceed two people per bedroom, as listed on Exhibit “A”. Neither the whole of the premises, nor any portion thereof, shall be ASSIGNED or SUBLET by the resident to any other person. Manufactured Homes must be inspected by the landlord and acceptable to remain in the community before re-sale of said home. Residents agree not to SUBLET/RENT out their home and are aware that all proposed purchasers must complete an application and be approved, prior to the sale, unless the purchasers are removing the said home from the property immediately at the time of the sale.

9.Subordination. This lease shall be subordinate to the lien of existing and future mortgages placed on the lease premises and Lessee agrees to execute whatever additional agreements are required to so subordinate the lease and hereby appoints Lessor as his/her power of attorney to execute said documents. Lessor shall have the right to assign any rights under this lease.

10.Default. If Lessee violates any of the provisions of this lease or any of the rules or regulations imposed by Lessor and such violations continue after notice of same in writing to Lessee by mail, hand delivery or posting on Lessee’s front door for a period of five (5) days, or if any bankruptcy or insolvency proceedings are filed by or against Lessee (or a receiver or trustee is appointed for Lessee’s property), or if the premises are vacated or abandoned (including, but not limited to, any absence of thirty (30) days or more without notice to Lessor) Lessor shall be entitled to avail himself of all rights and remedies to which he may be entitled, either at law or in equity (including, but not limited to, the right to sue for rent, remove the lessee’s mobile home, terminate this lease and recover possession), and Lessor shall also be entitled to recovery responsible attorney’s fees and costs as allowed by law. Lessor’s waiver of one default by Lessee shall not be considered to be a waiver of any subsequent default. Lessee waivers the benefit of any exemption under the homestead, bankruptcy and any other insolvency law as to his obligation under the lease.

11.Abandonment. In the event Lessee vacates or abandons the premises or fails to pay rent after notice as provided above, Lessor shall have the right to evict Lessee from the Park. If in such event Lessee fails to sell or remove the mobile home from the park within thirty (30) days after judgment is entered, Lessee agrees that in addition to all other eviction rights, Lessor shall have the absolute right, without notice to Lessee and at Lessee’s expense to move Lessee’s mobile home to another adjacent location owned by Lessor without utility service. In such event Lessee shall continue to be liable for rent as provided herein until Lessee’s mobile home is removed from Lessor’s property or until Lessor has taken absolute possession of the mobile home and Lessee has paid $2,000.00 liquidated damages as provided in No. 12 below and any back rent or charges. Lessee agrees that Lessor shall have no liability whatsoever to Lessee or any other person in connection with moving the home or for the security or condition of Lessor’s mobile home while it remains on Lessor’s property. Lessee covenants and agrees to indemnity and holds Lessor harmless from any damages, claims, liabilities, and/or costs including reasonable attorney fees incurred resulting from or in any way connected with such move and/or Lessee’s home while it remains on Lessor’s property.

12.Liquidated Damages. Lessor and Lessee hereby further agree, with sufficient and valuable consideration received by the parties hereto, that in the event Lessee breaches the terms of this lease, and following written notice/demand from Lessor for Lessee to remove himself and the manufactured home from said lot, or where Lessee otherwise abandons his interest in this lease or said home; that the manufactured home shall become property of Lessor and that Two Thousand Dollars ($2,000.00) shall be deemed reasonable and just liquidated damages payable to Lessor, without the need for further proof thereof, for the cost of the removal, destruction or renovation of Lessee’s manufactured home; and it is hereby agreed and understood that said liquidated damages are in addition to and cumulative upon such other damages, costs and fees as are provided elsewhere in this lease or pursuant to law.