ABC Properties, Inc.
PMB 441 123 Oak Street Anytown, GA 33333
Rental Contract
THIS IS A LEGALLY BINDING CONTRACT. YOU ARE ADVISED TO SEEK THE ADVICE OF LEGAL COUNSEL IN THE EVENT YOU FEEL IT TO BE NECESSARY FOR COMPLETE UNDERSTANDING AND COMPLIANCE PRIOR TO SIGNING IT.
TENANT: Tenant _________________________________ SSN ___________________________ Tenant _________________________________ SSN ___________________________ agrees to rent the dwelling located at: _______________________________________________________________________ Rent will start (date) ______________ and will continue to (date) ______________after which time it will be automatically terminated. If tenant, with agent's written consent, takes possession of the premises prior to rent date, tenant shall be subject to all the covenants and conditions herein, and shall pay rent at the monthly rate prescribed for the first month of the term, prorated on the basis of a thirty day month. _____ 1. Rent: To pay as rental the sum of $_____________________________________ per month, due and payable NOT LATER THAN THE FIRST DAY OF THE MONTH by 5:00 p.m. Tenant(s) further agree to pay a late charge of $25.00 each time rent is not received by the owner or owner's agent prior to 5 p.m. on the FIRST, regardless of the cause including dishonored checks, time being of the essence. Rent is considered LATE on the 2nd of the month. There will be a $5.00 per day late fee. There will be a service charge of $25.00 for all dishonored checks, plus any bank fees and handling fees. FAILURE TO PAY RENT WHEN DUE WILL RESULT IN THE IMMEDIATE TERMINATION OF THIS RENTAL AGREEMENT AND EVICTION. _____ 2. Method of payment: The initial payment of rent and deposits under this agreement must be made in money order or cashier's check drawn on a local financial institution. Thereafter, monthly rent payments may be made by check until the first check is dishonored and returned unpaid. Regardless of cause, no other additional payments may afterwards be made by personal check. Checks returned will not be redeposited. The Tenant will be notified by three-day notice and will be required to pay the amount due including the bad check charge in cashier’s check or money order.
Tenant __________
Owner __________
_____
3. Delivery of rent: Rent may be mailed through U.S. mail at Tenant's risk to: ABC Properties, Inc. PMB 441 123 Oak Street Anytown, GA 33333
Any rent lost in the mail will be treated as if unpaid until received by the owner or owner's agent. Only rents postmarked before the due date will qualify the tenant for a discount. Tenant is discouraged from delivering the rent in person, because the safety of the payment cannot be assured if the Landlord is not present. _____ 4. Appliances: NO APPLIANCES ARE INCLUDED IN THIS RENTAL CONTRACT! The owner assumes no responsibility for any appliances in the house. They are there solely at his convenience. They may be unreliable. Once you have moved in, if the appliances should fail to operate, THE OWNER WILL NOT REPAIR THEM. They will be removed at your request at no charge. Or you can have them repaired at your own expense. But no adjustment will be made in the rent once you have moved in. Any time the owner feels the appliances are unsafe or in poor working condition, or in jeopardy, you hereby authorize him specifically to have access to the premises for the purpose of removing them, without prior notice, to prevent damage or harm. _____ 5. Extra Visitors: The house will be used only as living quarters for __________adult(s) and _________ child(ren) or adult dependents as follows: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________
$75.00 additional rent will be due each month for any other person occupying the premises for a period longer than seven days, and written permission must be obtained in advance for additional residents, or you will be in default. _____ 6. Deposits: A security deposit of $_______________ as described in the state statutes is being collected under a separate promissory note as part of this rental contract. _____ 7. Acceptance of property: Tenant accepts the condition of the subject property, waiving inspection of same by owner, and repair of defects, if any. Tenant further agrees to indemnify owner and owner's agent against any loss or liability arising out of tenant's use of the property, including those using the property with tenant's consent. However, such indemnification shall only be applicable to the extent that owner's or agent's loss is not covered by insurance proceeds. _____ 8. Maintenance: Tenant agrees not to permit deterioration of the premises during the period of this agreement. This includes woodwork, floors, walls, furnishings and fixtures, appliances, electrical, air conditioning and heating, and mechanical systems. Tenant acknowledges specific responsibility for replacing and/or cleaning filters on a/c and heating units. Any damage caused to units because of not changing and cleaning filters will be paid for in entirety by the tenant. Tacks, nails, and other hangers and holes will be patched and repainted at the termination of this agreement. Damage caused by rain, hail, or wind as a result of leaving windows or doors open, or damage caused by overflow of water, or stoppage of waste pipes, breakage of glass, damage of screens, deterioration of lawns or landscaping, whether caused by abuse or neglect is the responsibility of the tenant. Tenant __________ Owner __________
Tenant also agrees to provide pest control in the event that it is needed. _____ 9. Vehicles: Tenant agrees never to park or store a motor home, recreational vehicle, or trailer of any type on the premises; and to park only (number of) _____________ automobile(s), described as follows: __________________________________ _______________ Car Type State and Tag # __________________________________ ________________
__________________________________ ________________ only on the paved driveway provided. TENANT AGREES THAT ANY VEHICLE PARKED ON ANY UNPAVED AREAS MAY BE TOWED AND STORED AT TENANT'S EXPENSE BY A TOWING SERVICE OF THE OWNER'S SELECTION. No inoperative vehicle may be stored on the property except in a garage. _____ 10. Cleaning: Tenant accepts premises in its current state of cleanliness, and agrees to return it in a like condition. _____ 11. Pets: $15 per month will be added to the monthly rent for each of your pets not to exceed two pets per household. If you have pets, they must be listed and by listing them you agree to be fully liable for damages and injuries they might cause to both property and people. Any pets not listed below which are found on the property will be presumed to be strays and will be disposed of by the appropriate agency as prescribed by law. In the event a tenant harbors an undisclosed pet, they agree to pay a pet fee for the entire term of the agreement, regardless of when the pet was first introduced to the household. Pet names and types are: Pet name and type: ____________________________ Color, Size: _____________________ Pet name and type: ____________________________ Color, Size: _____________________
Tenant specifically understands and agrees: a. That he warrants that the pet(s), if they are dogs, have not been attack-trained nor are they known to be considered vicious nor do they have a history of biting people or animals or causing property damage. b. That he is solely responsible for any and all damage or loss to the Owner's property caused by his pets including, but not limited to, the premises, carpeting, draperies, wall coverings, furnishings and appliances, and landscaping including the lawn and shrubbery. c. That all pets shall be maintained so as not to cause annoyance or irritation to others. d. That ANY CHANGE IN PET STATUS after the date of this contract (other than the elimination of a pet) MUST BE APPROVED IN ADVANCE OF THIS CHANGE, IN WRITING. e. That all pets will be vaccinated and wear collars and tags as required by local ordinances. f. That the word “pets” is used to mean any and all animals, including birds, reptiles and other mammals. g. That no farm-type animals will be kept on the property, again abiding by all local ordinances. _____ 12. Option to Renew with Controlled Rent Increase: Tenant receives a Right of First Refusal to renew this contract for an additional year with a maximum increase of ____________ of the rent charged under paragraph 1 above. Said Right may be exercised by signing any rental contract offered by the Owner and returning it thirty days prior to the end of this lease period: (date) ________________. Said Right carries no cash value. The Right may be canceled if the tenant has not lived up to all provisions of this rental contract. Failure of Tenant to sign said contract for any reason once the property has been offered for rent will terminate this Right and all obligations of the Owner or Tenant to renew the rental contract.
Tenant __________
Owner __________
_____
13. Tenant's Obligations: Tenant agrees to meet all tenant obligations as follows: a. Taking affirmative action to insure that nothing exists which might place the owner in violation of applicable building, housing, and health codes. b. Keeping the dwelling clean and sanitary, removing garbage and trash as they accumulate, maintaining plumbing in good working order to prevent stoppages and leakage of plumbing fixtures, faucets, pipes, etc. c. Operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances in a reasonable and safe manner. d. Assuring the property belonging to the owner is safeguarded against damage, destruction, loss, removal, or theft. e. Conducting himself/herself, his/her family, friends, guests, and visitors in a manner that will not disturb others. f. Allowing the owner access to the premises for the purposes of inspection, repairs, or to show the property to someone else at reasonable hours, on request. g. Living up to all the provisions of this agreement, particularly with respect to paying the rent on time and caring for the property. Tenant warrants that he/she will meet the above conditions in every respect and acknowledges that failure to do so will be grounds for termination of this agreement and loss of all deposits without further recourse. In an emergency you may call from 9 am to 5 p.m. work days: _______________________________________
_____ 14. Sub-Letting: Tenant agrees NOT to assign this agreement, NOR to sublet any part of the property, NOR to allow any other person to live therein other than named in paragraph 6 from the owner and paying the appropriate surcharge. Further, that covenants contained in this Rental Agreement, once breached, cannot afterward be performed; and that unlawful detainer proceedings maybe commenced at once without notice. _____ 15. Court Costs and Attorney Fees: Tenant agrees to pay all court costs and Attorney's fees incurred by the owner in enforcing legal action or any of the owner's other rights under this agreement. In the event that any portion of this agreement shall be found to be insupportable under the law, the remaining provisions shall continue to be valid and subject to enforcement in the courts without exception. _____ 16. Owner's Statement: In the event any portion of this contract shall be found to be insupportable under state statutes, the remaining provisions shall continue to be valid and subject to enforcement in the courts without exception. All rights given to the owner by this agreement shall be cumulative in addition to any other laws which might exist or come into being. Any exercise, or failure to exercise, by the owner of any right shall not act as a waiver of any other rights. No statement or promise of owner or his agent as to tenancy, repairs, alterations, or other terms and conditions shall be binding unless specified in writing and specifically endorsed. _____ 17. Partial Payments: The acceptance by the owner of partial payments of rent due shall not under any circumstances, constitute a waiver of the owner, nor effect any notice or legal proceedings in unlawful detainer. _____ 18. Abandonment: If tenant leaves said premises unoccupied for 18 days while rent is due and unpaid, owner is granted the right hereunder to take immediate possession thereof and to exclude tenant therefrom; removing at his/her expense all his/her property contained therein and placing it into storage at tenant's expense. _____ 19. Right to Sign: The individual(s) signing this Rental Agreement as Tenant stipulates and warrants that he/she/they have the right to sign for and bind all occupants. _____ 201. Utilities: Tenant(s) are responsible for payment of all utilities, garbage, water, sewer, gas, telephone, etc. charges incurred during their tenancy. They specifically authorize the owner to charge all Tenant __________ Owner __________
unpaid amounts to them. _____ 21. Personal Property: NO RIGHTS OF STORAGE ARE GIVEN BY THIS AGREEMENT! The owner shall not be liable for any loss of personal property by fire, theft, breakage, burglary, or otherwise, nor for any accidental damage to persons or property resulting from electrical fire, water, rain, windstorm, or any act of God, or negligence of owner, or owner's agent, contractors, or employees, or by any other cause, whatsoever. Tenant hereby covenants and agrees to make no claim for any such damage or loss against owner, but to purchase needed insurance, or to provide self-insurance in adequate amounts to offset any risk. And the Tenant agrees to make a diligent effort to report any hazardous conditions to the owner in writing as soon as they are discovered to enable them to be remedied at once. _____ 223. Removal of Property: Tenant agrees not to remove or alter the property without specific written permission from the owner. Any removal or alteration of owner's property without permission shall constitute abandonment and surrender of the premises, and termination by the Tenant of this agreement. Owner may take immediate possession and exclude Tenant from the property, storing all Tenant's possessions at Tenant's expense pending reimbursement in full for owner's loss and damage. _____ 23. Waterbeds: In the event any occupant of the premises shall use a flotation bedding system, the Tenant shall carry an insurance policy with a loss payable clause payable to the owner. This policy should cover personal injury and damage to the owner, and should be in the form standard to the industry. The minimum limits should be $100,000.00. In the event the Tenant installs a flotation bed and fails to furnish the owner with an aforementioned policy within five (5) days of said installation, then the Tenant is in default, and owner will have remedies as per paragraph 23 above. _____ 24. Violating Laws: Tenants shall not violate any law or ordinance, commit waste or nuisance, or annoy, disturb, inconvenience others, in the use of the premises. _____ 25. Telephone: Tenant agrees to install and maintain a telephone, and agrees to furnish to the owner the phone number, and any changes, within three days of installation. _____ 26. 3-Day Inspection: Under the terms of this Discount Rent Agreement, Tenant will be provided with an inspection sheet. It is their obligation to inspect the premises and fill out and return to the owner their inspection sheet within three (3) days after taking possession of the premises. It will be presumed that the house is functioning in a satisfactory manner in all respects after the expiration of the 3 days. Tenant agrees that failure to file such a statement shall be conclusive proof that there were NO defects of note in the property. After that time, the Tenant is obligated to provide for routine maintenance at his/her own expense or lose the discount. _____ 27. Repairs: In the event repairs are needed beyond the competence of the Tenant, he/she is urged to arrange professional assistance. Tenants are offered a discounted rent and rent credit as an incentive to make their own decisions on the property they live in and to allow the owner to rent the property without the need to employ professional management. Therefore, as much as possible, the Tenant should refrain from contacting the owner except for emergencies and for repairs costing more than the discount since such involvement by the owner will result in loss of the discount. ANY REPAIR THAT WILL COST MORE THAN THE AMOUNT OF THE DISCOUNT MUST BE APPROVED BY THE OWNER OR THE TENANT WILL BE RESPONSIBLE FOR THE ENTIRE COST OF THE REPAIR. Any improvements made by the tenant shall become the property of the owner at the conclusion of this agreement. Tenant shall pay as due all claims for work done on and for services rendered or material furnished to to the Premises, and shall keep the premises free from any liens caused by Tenant’s failure to meet Tenant’s obligations. _____ 28. Worker's Warranty: All parties to this agreement warrant that any work or repairs performed by the Tenant will be undertaken only if he/she is competent and qualified to perform it, and the person performing the work will be totally responsible for all activities to assure they are done in a safe manner which will meet all applicable statutes. They further warrant that they will be accountable for any mishaps or accidents resulting from such work, and that they will hold the owner free from harm, litigation, or claims of any other person.
Tenant __________
Owner __________
_____ 29. Acknowledgment: In this agreement the singular number where used will include the plural, the masculine gender will include the feminine, the term owner will include landlord, lessor, and the term Tenant will include resident, lessee. The below signed parties acknowledge that they have read and understand all of the provisions of this agreement. _____ 30. Termination: Only in the case of tenant's employer transferring tenant out of the ________________________ area (as opposed to tenant securing a new job with a different employer), the tenant may terminate this agreement by notifying the Owner by certified mail at least 30 days prior to vacating (60 days in the months of December and January). Partial rents will not be accepted when tenant vacates mid-month. _____ 31. Bankruptcy: If the Tenant shall become insolvent, or if bankruptcy proceedings shall be initiated by or against the Tenant during the above tenancy, the Owner is hereby irrevocably authorized at his option to immediately cancel this rental contract. No receiver, trustee or other judicial officer shall have any right, title or interest in or to the above described property by virtue of this contract or of the claims of the Tenant or any third party claims. _____ 32. Extended Absence: Tenant will notify Owner in advance if Tenant will be away from the Premises for seven or more consecutive days. During such absence, Owner may enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs. _____ 33. Security Alarm Code: Tenant will not change nor attempt to change the security alarm code established with the premises. Tenant will participate with Owner in setting up new notification protocol with the contracted monitoring service vendor within one week of occupying residence. _____ 34. Right To Access: Owner/Agent shall have the right to enter the premises in order to inspect the Premises, make necessary or agreed repairs, decorations, alterations or improvements , supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. Except in cases of emergency, agreement to the contrary by tenant, or unless it is impractical to do so, manager shall give tenant at least 24 hours notice of manager’s intent to enter, and may enter only at reasonable times. Manager shall also have the right to enter the premises when tenant has abandoned or surrendered the premises or, if reasonably necessary, during any absence of tenant in excess of 7 days. Tenant shall not unreasonably withhold consent for manager to enter the premises. _____ 35. Special Provisions:
ACCEPTED this day, ______________________________.
____________________________________________ Tenant: ____________________________________________ Tenant:
____________________________________ ABC Properties, Inc.
Tenant __________
Owner __________