_HUD_ PET LEASE ADDENDUM _Pets are not allowed without prior

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_HUD_ PET LEASE ADDENDUM _Pets are not allowed without prior Powered By Docstoc
					                                                                                              (HUD)


                                    PET LEASE ADDENDUM

                (Pets are not allowed without prior written permission from the Landlord.)

THIS AGREEMENT made and entered into on this ________________ day of _____________, 20___
By and between ________________________________, LANDLORD, and _________________________
________________________________, TENANT, in consideration of their mutual promises agree as
follows:

   1. Tenant desires and has received permission from the Landlord to keep the pet named
      ______________________ and described as: _____________________________________.

   2. This Agreement is an Addendum to and part of the Standard Lease Agreement between the Landlord
      and Tenant executed on ___________________, 20____. In the event of default by Tenant of any of
      the terms of this Agreement, is shall be considered a default under the terms of the original Lease
      Agreement. Tenant agrees, upon proper written notice of default from Landlord, to cure the default,
      and remove the pet, or vacate the premises.

   3. Pet Deposit

      a. In addition to the Security Deposit required by the Standard Lease Agreement, the tenant agrees
         to pay the Landlord a Refundable Pet Deposit in the amount of $150.00 for all dogs (with the
         exception to assistance animals) and cats. Management reserves the right to change this deposit
         amount consistent with federal guidelines at any time. This deposit is not a limit of tenant’s
         liability for property damages, cleaning, deodorization, cost of Pest Control Services for de-
         fleaing, replacements and/or personal injuries as herein further specified. The deposit will be
         paid as follows: $50.00 up front and $10.00 monthly installments due on the first day of each
         month for ten (10) consecutive months beginning the 1st day of the month following your move-in
         date.

      b. The Tenant’s liability applies to carpets, doors, walls, drapes, mini-blinds, screens, furniture,
         appliances and any other part of the dwelling unit, landscaping, or other improvements to the
         Landlord’s property. Tenant shall be strictly liable for the entire amount of any injury to the
         persons or property of others, caused by such pet. All units occupied by a cat or dog will be
         treated for fleas upon being vacated. Infestation of adjacent units or common areas will also be
         treated. The costs of treating these units/areas are the responsibility of the pet owner.

      c. At the termination of this Agreement, any balance shall be added to the Security Deposit required
         by the Standard Lease Agreement and handled according to the stipulations of said Standard
         Lease Agreement. Tenant agrees to pay Landlord for any damages or costs caused by the Pet in
         excess of the Security Deposit on demand by Landlord.

      d. Repairs made during tenancy as the result of Tenant’s failure to comply with the conditions and
         covenants of this Agreement will be handled according to the Standard Lease Agreement.
Pet Lease Addendum (HUD)
Page 2


   4. Tenant agrees to the following:

          a. The Health and Safety Code; and

          b. All other applicable governmental laws and regulations such as, but not limited to licensing,
             inoculations, etc; and

          c. Pet Policy of the Landlord

   5. Tenant affirms that the Pet is quiet and housebroken and will not cause any damage or annoy other
      Tenants. Tenant further affirms that the pet will not pose a threat or hazard to any third party that
      comes in contact with the pet.

   6. Tenant agrees that the pet will not be permitted outside the Tenant’s unit, unless restrained on a leash.
      No pets are permitted to walk in any community rooms, laundry rooms or offices. Use of the grounds
      or premises of Landlord for sanitary purpose is prohibited, except in the area designated by the
      Landlord. Tenant will be responsible to clean up completely behind pet. Failure to comply with this
      requirement will result in automatic cleaning charge established by the Landlord and posted in the
      office. All animal waste including cat liter shall be cleaned up immediately and disposed of in sealed
      plastic trash bag and placed in the designated trash receptacle.

   7. Tenant shall not permit the pet to cause any damage, discomfort, annoyance, nuisance or in any other
      way inconvenience, or cause complaints from any other tenant or employees of management.

   8. Tenant agrees to remedy any emergency situations involving Pet (e.g. attack by Pet on staff member
      another resident, contractor, or a guest) within Twenty Four (24) Hours and any nuisance situations
      within Five (5) Days.

   9. Tenant will be financially responsible for any flea or other insect infestation that affects his/her own
      or adjacent units as a result of his/her Pet.

   10. Any pet left unattended for Twenty-Four (24) Hours or more whose health is jeopardized by the
       Tenant’s neglect, mistreated or failure to care (regardless of reason) shall be reported to the SPCA or
       other appropriate authority. Such circumstances shall be deemed an emergency for the purposes of
       the Landlord’s right to enter the Tenant’s unit to allow such authority to remove the animal from the
       premises. The Landlord accepts no responsibility for any pet so removed.
Pet Lease Addendum (HUD)
Page 3


   11. Tenant agrees to maintain Pet in good health condition and to update Pet Information Card on an
       annual basis. Good health condition includes adequate care, nutrition, exercise and medical attention.
       Pets which appear poorly cared for will be reported to the SPCA or other appropriate authority and
       will be removed from the premises at the Tenant’s expense.

   12. Tenant agrees to indemnify, defend, and Hold Landlord and Property Owner harmless from and
       against any and all claims, actions, suits, judgments, and demands brought by any other party on
       account of or in connection and any activity of or damage caused by the Tenant’s Pet. Tenant
       assumes sole responsibility for liability arising from any injury sustained by any person attributable
       to their pet and agrees to hold Landlord and Property Owner harmless in such proceedings.

   13. In the event of the Tenant’s sudden illness, the Tenant agrees that management shall have discretion
       with respect to the provision of care to the pet consistent with federal guidelines and at the expense of
       the Tenant unless written instructions with respect to such area are provided in advance by the
       resident to the project office and all care shall be at the Tenant’s expense.

   14. In the event of the death of the Tenant, the Tenant agrees that management shall have discretion to
       dispose of the pet consistent with state guidelines, unless written instructions with respect to such
       disposal are provided in advance by the Tenant to the project office.

   15. Unwillingness on the part of named caretakers of a pet per Items 13 and 14 of this section to assume
       custody of the pet shall relieve management of any requirements to adhere to any written instructions
       with respect to the care or disposal of a pet and shall be considered as authorization to management to
       exercise discretion in such regard consistent with any state or local guidelines.

   16. Tenant acknowledges that other residents may have chemical sensitivities or allergies related to pets
       or are easily frightened by such animals. The Tenant, therefore agrees to exercise common sense and
       common courtesy with respect to such other tenant’s right to peaceful and quiet enjoyment of the
       premises.

   17. Management may move to require the removal of a pet from the premises on a temporary or
       permanent basis for the following causes:

          a. Creation of a nuisance after proper notification consistent with Section IV of the Pet Policy.

          b. Excessive pet noise or odor after the proper notification.

          c. Unruly or dangerous behavior.

          d. Excessive damage to the resident’s apartment unit and/or project common areas.
Pet Lease Addendum (HUD)
Page 4
           e. Repeated problems with vermin or flea infestation.

          f. Failure of the Tenant to provide for adequate care of his/her pet.

          g. Leaving a pet unattended for more than Twenty-Four (24) Hours.

          h. Failure of the tenant to provide adequate and appropriate vaccination of the pet.

          i. Tenant death and/or serious illness.

          j. Failure to observe any other rule contained in the Pet Policy and not here listed after proper
             notification.

   18. Pets of visitors/guest are strictly prohibited with the exception of seeing eye of hearing ear dogs.

   19. When notified that management requires access to the unit (inspections, maintenance) the tenant is
       encouraged to be present in the unit or remove the pet from the unit. In the event it is not feasible to
       comply with this request it is the pet owner’s responsibility to place a note on the exterior of the main
       entry door that a pet is inside the unit.

   20. Under no circumstances (management’s entry into the unit with notification or in an emergency
       situation without notification) will management be liable for the escape of the pet from the unit.

   21. Tenant acknowledges that three (3) violations of this agreement and/or the Landlord’s Pet Policy,
       which are herein incorporated by reference to this agreement is considered “Material Non-
       Compliance” of the Standard Lease Agreement and is considered grounds for termination. However,
       one (1) violation of the Pet Policy is considered grounds for termination of the tenant’s lease.

   22. Tenant has read and agrees to comply with the PET POLICIES, which are herein incorporated by
       reference, and agrees to comply with such rules and regulations as may be reasonable adopted from
       time to time by the Landlord.

   This agreement, signed this _________ day of _____________________, 20____, constitutes full u
   Understanding between the undersigned and is not transferable to any new or additional Pet.


   ____________________________________                _________________________________________
   Manager                                             Tenant


                                                        _________________________________________
                                                        Co-Tenant
                                    PET INFORMATION CARD

Resident’s Name: _______________________________________________ Unit #: __________________

Home Phone: _____________________________ Work Phone: ___________________________________

Type of Pet: ____________________________________ Year of Birth: ____________________________

Pet’s Name (if applicable): _________________________________________________________________

Vet’s Name: _______________________________ Phone#: _____________________________________

Address” _______________________________________________________________________________

_______________________________________________________________________________________

What year did you obtain this pet? ____________________________

The following items must be attached to this card:

   1.   Certificate of good health (except fish)
   2.   Proof of license (except birds and fish)
   3.   Vaccination record (except birds and fish)
   4.   Proof of spaying/neutering
   5.   Proof of declawing (cats only)

Any comments or warnings regarding this pet (disposition, health problems, etc.)?

_______________________________________________________________________________________

_______________________________________________________________________________________

In case of emergency (including tenant’s illness or death) please contact:

        Name: ___________________________________________________________________________

        Address: _________________________________________________________________________

        _________________________________________________________________________________

        Phone: ___________________________________________________________________________

        Relationship: ______________________________________________________________________
                                       PET POLICIES
                                            AS OF
                            JANUARY 1, 1996 – Revised October 1, 2004
                                            (HUD)

             (Pets are not allowed without prior written permission from the Landlord.)

I. DETERMINATION:

     1. PROHIBITIONS

           Pets are prohibited in “Family” designated apartment complexes except to comply with
           federal regulations regarding reasonable accommodation for handicapped or disabled tenants
           or household members.

     2. ALLOWANCES

       Pets are allowed in “Elderly” designated apartment complexes and in the portion of a “Mixed”
       designated apartment complex set aside for elderly, handicapped or disabled households.

     3. SELECTION CRITERIA

        A. APPROVAL

        Prior to accepting a pet for residency in this project, the pet owner and the project owner must
        enter into a “PET LEASE ADDENDUM”. In addition, the pet owner must provide to the
        project owner and/or his/her agent proof of the pet’s good health and suitability under the
        standards set forth under “Basic Guidelines” in criteria. In addition, for the case of dogs and cats,
        proof must be given, and renewed annually, of the animal’s licensing and vaccination record,
        together with proof of spaying or neutering and, in the case of cats, of declawing.

       B. BASIC GUIDELINES

               1. The following types of common household pets will be permitted under the following
                  criteria (either 1 dog or 1 cat will be allowed):

                   A. DOGS (with the exception of assistance animals)

                      (1)   Maximum number-(1)
                      (2)   Maximum adult weight- 25 pounds
                      (3)   Must be housebroken
                      (4)   Must be spayed or neutered
                      (5)   Must have all required vaccinations
                      (6)   Must be licensed
                    B. CATS

                        (1)   Maximum number – (1)
                        (2)   Must be declawed
                        (3)   Must be spayed or neutered
                        (4)   Must have all required vaccinations
                        (5)   Must be trained to use a litter box

                    C. BIRDS

                        (1) Maximum number – (2)
                        (2) Must be maintained inside of cage at all times

                    D. FISH

                        (1) Maximum aquarium size -20 gallons
                        (2) Must be maintained on approved stand

                 2. No other kinds of pets may be kept by tenants on the premises of this project.

                 3. Any tenant residing at this project prior to the implementation of these policies who
                    has more than the allowable number of pets permitted under this rule will be permitted
                    to keep those pets. However, any pets exceeding the allowable number cannot be
                    replaced subsequent to the implementation date of these policies.

                 4. Any tenant acquiring a pet subsequent to the implementation date of these policies
                    shall comply with these guidelines.

II. PET DEPOSITS:

    A. A refundable pet deposit of $150.00 shall be required for all dogs (with the exception to assistance
       animals). Management reserves the right to change this deposit amount consistent with federal
       guidelines at any time.

    B. Resident’s liability for damages caused by his/her pet is not limited to the amount of the pet
       deposit and the resident will be required to reimburse the project for the real cost of any and all
       damages caused by his/her pet where they exceed the amount of the pet deposit.

    C. All units occupied by a dog or cat will be fumigated upon being vacated. Infestation of a unit by
       fleas carried by his/her pet shall be the responsibility of the pet owner. Infestation of adjacent units
       or common areas attributable to a specific pet shall be the responsibility of the pet owner who shall
       be liable for the cost of correction the infestation.

                                                    Page 2
III. PET RULES:

     A. DOGS AND CATS

           1. Dogs and Cats shall be maintained within the resident pet owner’s unit. When outside, the
              pet shall be kept on a leash and under the control of the resident AT ALL TIMES. Under
              no circumstances shall any cat or dog be permitted to roam free in any common area.

           2. All animal waste or litter from cat litter boxes shall be picked up immediately by the pet
              owner and disposed of in sealed plastic trash bags and placed in trash bins. Cat litter shall
              not be disposed of by flushing down toilets. Charges for unclogging toilets or clean-up of
              common area required because of attributable pet nuisance shall be billed to and paid by
              the resident pet owner.

           3. Resident pet owner’s agree to be responsible for immediately cleaning up any dirt tracked
              through the common area lobby, halls, or elevators by his/her pet.

           4. Pet Owners shall keep their pets under control at all times. Pet owners shall assume sole
              responsibility for liability arising from any injury sustained by any person attributable to
              their pet and agree to hold the owner and management harmless in such proceedings.

           5. Resident pet owners agree to control the noise of his/her pet such that it does not constitute
              a nuisance to other tenants. Failure to control pet noise may result in the removal of the pet
              from the premises.

           6. ANY PET WHO CAUSES BODILY INJURY TO ANY TENANT, GUEST OR STAFF
              MEMBER SHALL BE IMMEDIATELY AND PERMANENTLY REMOVED FROM
              THE PREMISES BY THE TENANT (PET OWNER) WITHOUT PRIOR
              NOTIFICATION BY MANAGEMENT.

           7. No pet shall be left unattended in any unit for longer than twenty four (24) hours.

           8. All resident pet owners shall provide adequate care, nutrition, exercise and medical
              attention for his/her pets. Pets which appear to be poorly cared for or which are left
              unattended for longer than twenty four (24) hours will be reported to the SPCA or other
              appropriate authority and will be removed from the premises at the pet owner’s expense.

           9. In the event of a tenant’s sudden illness, the resident pet owner agrees that management
              shall have discretion with respect to the provision of care to the pet consistent with federal
              guidelines and at the expense of the resident pet owner unless written instructions with
              respect to such area are provided in advance by the resident to the project office and all
              care shall be at the resident’s expense.


                                                  Page3
10. In the event of the death of a resident, the resident pet owner agrees that management shall
    have discretion to dispose of the pet consistent with the state guidelines, unless written
    instructions with respect to such disposal are provided in advance by the resident to the
    project office.

11. Unwillingness on the part of named caretakers of a pet per item #9 and #10 of this section
    to assume custody of the pet shall relieve management of any requirements to be
    considered as authorization to management to exercise discretion in such regard consistent
    with any state or local guidelines.

12. Resident pet owners acknowledge that other residents may have chemical sensitivities or
    allergies related to pets or are easily frightened by such animals. The resident, therefore,
    agrees to exercise common sense and common courtesy with respect to such other
    resident’s rights to a peaceful and quiet enjoyment of the premises.

13. Management may move to require the removal of a pet from the premises on a temporary
    or permanent basis for the following causes:

         A. Creation of a nuisance after proper notification consistent with Section IV of
            These Pet Rules.

         B. Excessive pet noise or odor after proper notification.

         C. Unruly or dangerous behavior.

          D. Excessive damage to the resident’s apartment unit and/or project common areas.

          E. Repeated problems with vermin or flea infestation.

          F. Failure of the tenant to provide for adequate care of his/her pet.

          G. Leaving a pet unattended more than twenty four (24) hours.

          H. Failure of the tenant to provide adequate and appropriate vaccination of the pet.

           I. Tenant death and/or serious illness.

           J. Failure to observe any other rule contained in this section and not here listed
             after proper notification.




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