Is this a reasonable clause in the lease?

[dictum]

Jurisdiction

Virginia

Is this a reasonable clause in the rental lease? The landlord is an attorney and this looks like a very non-standard lease.


In the event that the breach of the Lease results from Tenant's willful non-compliance, for reasonable attorney fees of $195 per hour, regardless of whether or not Landlord represents himself in a court of law or equity, in (i) collecting Rent, other charges and damages, and (ii) in obtaining possession of the Premises; and

In the event that Landlord is not represented by an attorney, for a collection fee equal to 25% of the amount of unpaid Rent and other damages. Tenant understands and agrees that this amount represents a reasonable estimate of damages that Landlord will incur in (a) obtaining a judgment against Tenant (including time and effort spent in case investigation, correspondence, filing suit, discussions with lawyers, case preparation and court attendance), and b) collecting such judgment.

* * *

This lease is not governed by the Virginia Residential Landlord and Tenant Act.

 

[adjusterjack]

Well, it looks like a combination of a liquidated damages provision and attorney fee provision.

But let's start with that last sentence.

This lease is not governed by the Virginia Residential Landlord and Tenant Act.

Illegal and unenforcible. See VA statute section 55.1-1201B:

B. The provisions of this chapter shall apply to occupancy in all single-family and multifamily dwelling units and multifamily dwelling units located in the Commonwealth.

§ 55.1-1201. Applicability of chapter; local authority (virginia.gov)

And section 55.1-1208A1 and A4:

A. A rental agreement shall not contain provisions that the tenant:
1. Agrees to waive or forgo rights or remedies under this chapter;
4. Agrees to pay the landlord's attorney fees except as provided in this chapter;

§ 55.1-1208. Prohibited provisions in rental agreements (virginia.gov)

You'll have to study the entire act to see where attorney fees are allowed.

Code of Virginia Code - Chapter 12. Virginia Residential Landlord and Tenant Act

My advice: Run away from this deal as fast as you can and don't look back.

 

[dictum]

This is very valuable.