RENTAL AGREEMENT This agreement is entered into on date between

RENTAL AGREEMENT This agreement is entered into on [ date ] between At Your Service Property Management hereinafter referred to as ''landlord'' and [tenants] hereinafter referred to as ''tenant.'' PREM ISES. Land lord rents to tenant tho se pre mises comm only know n and referred to as [address, city, state, zip], for use and occupancy as a residence for afore stated individuals only. No other persons may occupy the premises without the exp ress written consent of landlord obtained in advance. Said tenancy shall commence on [date] and continue for a [period of lease] perio d to [date]. 1. 2. RENT. Tenant shall pay to landlord rent in the amo unt of [$ am oun t] advance on the first day of each calendar month. Rent for the period from the com mencement of this lease to the last day of the mo nth of [month] prorated in the am ount o f [$ am oun t] has been paid at the time of signing of this rental agreement. In the event the first day of the month is a legal holida y, then the rent shall be due and payable on the first business day thereafter. Rent not pa id in accord ance with this paragraph sha ll be deemed in d efault. LATE CH AR GE S. In the ev ent the rent shall not be paid in full by the first day o f the mo nth, or in the event that a check tendered for the rent shall be for any reason dishonored, then, in either of those events a late charge shall accrue in the amount of 10% or $ 8.00 /day, w hicheve r is less, which shall be due and payable forthwith in addition to any rent unpaid. Tenant further agrees to pay $50.00 for each dishonored check. Landlord is entitled to make written demand for any rent if not paid when due. Any unpaid balance including late charges will bear interest at 10% per annum, or the maximum rate allowed by law, whichever is less. SECURITY DE PO SIT. Tenant has deposited with landlord the sum of [$ am oun t] as and fo r a security deposit. Said deposit may be applied by landlord to any purpose permitted by law and upon termination of this agreement accounted for according to law. No part of said deposit shall be deemed a last month rent, or rent for any particular month, nor shall it be ap plicab le to any particular obligation arising out of this agreement at the req uest of ten ant. In the event landlord shall, in his discretion, use any portion of the deposit for a purpose permitted by law during the life of this agre ement, then tenant shall replenish the same to its original amount upon written notice form landlord to do so. 3. 4. 5. UTILITIES. Tenant is responsible for the following utilities: electric, gas, water, sewer, trash removal, cable (at the tenant’s option to install), and phone. USE. The premises will be used exclusively as a residence for no more than [ num ber written out (#) perso n(s). Guests staying more than a total of twenty (20) days in a calendar year without written consent of Landlord will constitute a violation of this Agre ement. PARKING AND STORA GE. No hazardo us or flammable material may be stored anywhere on the premises. No parking of unserviceable vehicles or working on vehicles will be allowed on the pro perty. Any such use of the property shall be deemed a breach of this agreem ent. Storage sp ace, if any, assigned to tenant is provided for te nant's use during the life of this agreement only, and shall prom ptly be surrendered to the landlo rd up on term ination o f this agreement. 6. 7. January 1, 2006 C:\Files\MyFiles\At Your Service\Prop Mgmt Forms\Rental Agreements\Draft Rental Agreement.wpd ________ / ________ Tenant Landlord Page 1 of 5 8. AS SIG NM EN T A ND SUBL ETTIN G. Tenant may not assign or sublet the whole or any part of the premises re nted to him hereunder. CONDITION OF PR EM ISES. Tenant has inspected the premises, including all appliances and furnishings supplied therewith, and acknowledges the same to be in good order and repair, unless noted to the contrary on the Tenant’s Move In and Out Condition Check List. Upon surrender of possession of the premises by tenant, tenant shall return the said premises and all appliances and furnishings supplied therewith clean and in at least as good a condition as they were received by tenant, normal wear and tear excepted. Burns, stains, holes, or tears of any size or kind in the carpeting, draperies, curtains, or walls shall not constitute normal wear and tear. Tenant acknowledges that no representations have been made to him by landlord with respect to landlo rd's intentions with respect to any improvements, altera tions, de corations, or repairs to the premises except as may otherwise be noted in this agreem ent. MAINTENANCE AN D R EP AIR . During the life of this agreement, tenant shall keep the premises in clean and sanitary condition; dispo se of all rubbish, garbage and waste promptly and in a clean and sanitary m anner; properly use and operate all electrical, gas and plumbing fixtures and keep the sam e in clean condition; not permit any p erson in or ab out the prem ises with tenant's permission to deface, damage or remove any part of the structure of the p remises or the facilities, equipment or appurtenances thereto, nor personally do such things; occupy and use the premises in accord with the purpose for which they were rented to him. T enant shall be respo nsible fo r all expenses in connection with any repairs caused by tenant's failure to com ply with the forego ing conditions. No twithstand ing the foregoing, it is landlord's obligation to maintain the premises in a habitable condition. However, landlord is not responsible for defective conditions caused by tenant's wrongful or negligent actions or inactions o r those of any person upon the premise s with tenant's permission. 9. 10. 11. USE OF PR EM ISES. The premises are rented to tenant for residential purposes only. Neither tenant nor any person on the premises with his permission shall disturb, annoy, inconvenience or endanger neighbors, whether such ne ighbo rs are ten ants of the landlord or not. Tenant shall perform no alterations or redecorating of the premises without landlords prior written consent. Tena nt shall comply with such R ules and Regulations, pertaining to use of common areas and other things, as may be distributed or posted by landlord from time to time. Failure to comply with such rules may be deemed a breach of this agreement at the discretion of the landlord. PETS. No pets shall be brought on to the premises without landlord's prior written consent. No animal, bird, or fish of any kind will be ke pt on the pre mises, even tem porarily, exce pt pro perly trained d ogs ne eded by b lind, deaf, or disabled perso ns. 12. 13. YARD /GROUN DS. Resident shall properly care for and mow the grass and adequately water the lawn, shrubbery and grounds. If yard is not properly maintained, Landlord reserves the right to hire someone to mo w or care for yard and charge the expense to T enant as add itional rent, after first advising T enant that they have 72 hours to handle the respo nsibility. PLUMBING. Expense or damage caused by stoppage of waste pipes or overflow of bathtubs, toilets, showers or washbasins caused by T enant’s cond uct shall b e Tenant’s respo nsibility. LA ND LO RD 'S EN TR Y. Landlord or landlord’s representative may enter the premises for the purpose of inspecting the same, or for any other purpose permitted by law, upon notice, under the provisions of applicable state law. Upon proper notice, such entry may occur at any time. In the case of emergency, with or without the presence of tenant. Tenant shall not add or change 14. 15. January 1, 2006 C:\Files\MyFiles\At Your Service\Prop Mgmt Forms\Rental Agreements\Draft Rental Agreement.wpd ________ / ________ Tenant Landlord Page 2 of 5 any locks or security devices on the premises without landlord's prior written consent, and must, in the event of such change, forthwith provide to landlord a key or keys. INSURANCE. Landlord will not insure tenant against any personal injury or property damage, including that caused by an act or omission of any othe r tenant or third party, or by any crimina l act or activity, or any other cause whatso ever. Ten ant is respo nsible for procuring and must maintain his ow n insurance. A certificate of insurance must be provided to Landlord within thirty (30) days. INDEMNIFICATION. Owner will not be liable for any injury to Tenant, or any other person, or to any property, occurring on the premises, or in common areas, unless such damage is the legal result of the negligence or willful misconduct of Owner, his/her agents, o r emp loyees. Tenant agrees to hold Owner harmless from any claims for damages, no matter how caused, except for injury or dam ages caused by negligence o r willful misconduct of O wner, his/her agents or em ployees. NOTICES. The tenancy created by this agreement may be terminated by a thirty day notice of termination of tenancy served by one party on the other. Should tenants terminate agreement prior to the end of the one-year period tenant is responsible for payment of rent for any months of the agreement that the landlord is unable to rent such property. Landlord will make every effort to rent property, should circumstances allow, should tenants wish to terminate agreement. Any term or co ndition of this agreement may be changed or deleted, or additional terms added, by service upon tenant of a thirty day notice of such change, deletion or ad dition, in w riting on tenant. Service by land lord of any notice required or permitted by law upon any tenant signatory to this agreement shall be deem ed service up on all such tenant signatories. ABAND ONM ENT. The prem ises shall be deemed aba ndoned by tenant if, after a failure by tenant to pay an installment of rent pursuant to the ''RENT '' paragraph hereof, or any portion thereof, for any rental month, and after the date of service of a written notice on T enant pursuant to applicable state law, demanding that tenant either pay the amount of rent then due or quit the premises, Tenant has been absent from the premises for a period of 14 consecutive days, and tenant has neither contacted landlo rd in person nor cured said rent default. PERSONAL PR OP ER TY LEFT ON PR EM ISES. After tenant vacates the p remise s, landlo rd may store any p ersonal property left behind for a perio d of 30 days. If tenant fails to pick up said property within that time, during which time landlord shall surrender the same to tenant cost free, such property, regardless of its value, shall become the property of the landlord and may b e retained by him or disposed of as land lord sees fit. ATTORNEY FEES. In the event of the institution of any proceedings to enforce this agreement or an y part thereof, the prevailing party in such proceeding shall be entitled to a reasonable attorney fee. WAIVER. Land lord's failure to req uire strict co mpliance with the conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by landlord of such condition or right. Landlord's acceptance of rent with knowledge of any default under this agreement by tenant shall not be de emed a wa iver of such de fault, nor sh all it limit landlord's rights with respe ct to that o r any sub sequent default. WILLFUL HO LD ING OV ER . If tenant willfully and maliciously remains in possession of the premises after expiration or termination of the tenancy, landlord may recover up to six hundred dollars statutory damages in addition to any other remedy permitted by law for such withholding of possession. 16. 17. 18. 19. 20. 21. 22. 23. January 1, 2006 C:\Files\MyFiles\At Your Service\Prop Mgmt Forms\Rental Agreements\Draft Rental Agreement.wpd ________ / ________ Tenant Landlord Page 3 of 5 24. SERVICE OF NO TIC ES. Notices, demands and service of process may be served on landlord by service on the following individual at the following ad dress: Addie B rown - Testa At Your S ervice Property Ma nagement 331 K arrow Avenue Whitefish, MT 59937 (406) 862-5566 25. PARTIES. For the purposes of this agreem ent, the term ''landlord '' includes the owner and any other person acting up on his behalf with his authorization. The term ''tenant'' includes all persons designated as such in this agreement. The use of the term ''landlord'' or ''tenant'' herein shall refer to all such, regardless of number or gender. SEVERABILITY. If any provision, or part thereof, shall be declared invalid, said invalidity shall not affect the balance of such provision, o r any other provision hereof. WH OLE AG RE EM EN T. This document, including all attachments hereto, constitutes the entire agreement between the parties and supersedes any oral or written representations or agreements that may have been mad e by either party. Tenant represe nts that he has relied solely on his own judgment, experience, and expertise in entering into this agreement with landlord. APPLICATION TO RE NT . Tenant has submitted verification of employment and reference(s) as an inducement to landlord to enter into this agreement. Landlord and tenant agree that landlord has relied upon the statements made by tenant in making the decisio n to enter into this agreem ent. Any material misrep resentation shall constitute a breach of a ma terial term of this agree ment and m ay, in the landlord's discretion, be a ground termination of this agreem ent. INVENTORY. Any furnishings and/or equipment to be furnished by Owner are listed below. Tenant will keep the furnishing and equipment in good condition and repair, and will be responsible for any damage to them other than normal wear and tear. FA IR HOUSING. Owner and T enant understand that the state and federal housing laws prohibit discrimination in the sale, rental, appraisal, financing or advertising of housing on the basis of race, religion, color, sex, familial status, sexual preference, handicap, or national origin. JOINT LIABILITY. Each person sign ing this Agreement as a tenant is jointly and severably liable for all the terms of this agree ment. 26. 27. 28. 29. 30. 31. 32. ADDITION AL TERM S AND C OND ITIONS. No smoking allowed on the premises 33. GROUNDS FO R TERMINATION. The failure of tenant or guests to comply with any term of this Agreement is grounds for termination, with appropriate notice and procedures required by law. January 1, 2006 C:\Files\MyFiles\At Your Service\Prop Mgmt Forms\Rental Agreements\Draft Rental Agreement.wpd ________ / ________ Tenant Landlord Page 4 of 5 34. READ THIS ENTIRE AGREEMENT. Tenant has read all the stipulations contained in the Rental Agreement, agrees to com ply, and has received a cop y thereo f. Date: Date: Date: Tenan t's Signature: Tenan t's Signature: Land lord/A gent's Signature: Furnishings included at property: ˜ January 1, 2006 C:\Files\MyFiles\At Your Service\Prop Mgmt Forms\Rental Agreements\Draft Rental Agreement.wpd ________ / ________ Tenant Landlord Page 5 of 5