Apartment Lease

APARTMENT LEASE AGREEMENT THIS AGREEMENT is made this ____ day of __ _____________, 20_ ____, between: _ ________ ______________________________________________(renter)and _________________________ __________________________________________________(owner),hereinafter designated Lessee and Lessor. The Lessor does hereby lease unto the said Lessee the premises known as: _ ________________ _________________ in the building known as _ ______________, in the City of ______ _, _ _________ County, __________ State. This lease begins on the ___ ______ day of ___ ________________, 20__ ____, and ends on the __ ______day of ___ _____________________, 20_____; a period of twelve months. At the end of the above term, this agreement automatically reverts to a month-to-month rental agreement unless either party advises in writing a wish to discontinue or initiate a new lease agreement, with 30 day notice prior to the end of the term.[see section 12] The following are the terms and conditions of this lease agreement: 1. RENT: The monthly rental for said apartment, which Lessee agrees to pay, is: $_ ______, plus such interest as may accrue to Lessor during the term of this agreement from Lessor’s deposit in trust account of Lessee’s security deposit. This rent shall be due and payable in advance on the first day of each calendar month by mail or delivery to Lessor. Any rent unpaid by the due date is considered delinquent. 2. DEPOSIT: Lessee agrees to pay the sum of $500.00 as a security deposit for the performance of Lessee’s obligations hereunder. This deposit does not limit Lessor’s rights or Lessee’s obligations. Lessee agrees the sum shall be deposited in an interest bearing account with a federally insured banking institution located in Maryland. Lessee understands that all or a portion of deposit may be retained by Lessor upon termination of tenancy, and that a refund of any portion of the deposit to the Lessee is conditioned as follows: a. Lessee shall have complied with all of the conditions of this agreement. b. Lessee shall complete the length of occupancy terms of this lease. c. Lessee shall clean, repair, and restore apartment to its condition at commencement of lease, except for reasonable wear and tear. [Lessee agrees that soils, stains, nail holes or patched nail holes on walls, do not constitute normal wear and tear]. Lessee agrees to pay for any portion of repainting due to nail holes or patched nail holes on walls. d. Lessee shall surrender to Lessor/Agent keys to locks prior to any deposit refund. Any refund from deposit, as by itemized statement shown to be due Lessee, shall be returned to Lessee fourteen days after end of tenancy, vacation of premises, and end of last calendar month paid. Smoking: Residents who smoke agree to pay, on vacating premises, for deep cleaning of carpet and drapes, as well as total repainting of premises. A non-refundable additional deposit of $800.00 will be applied toward these costs. 3. NON-REFUNDABLE CLEANING CHARGE: Lessee agrees to pay a non-refundable charge from the deposit for carpet steam cleaning, drape or blind cleaning, or hardwood floor rejuvenation. This amount will be deducted from deposit at end of tenancy and will not be refunded under any circumstances. Lessor has the right to proceed against Lessee to recover costs for any items or damages not covered by this fee. 4. UTILITIES: In addition to the rent, Lessee agrees to pay and keep current all public utility expenses charged against the apartment, except for water, sewer and electric, which will be paid by Lessor. 5. OCCUPANTS: The apartment will be occupied only by you and (list all other occupants not signing the Lease Contract): . ______________________________________________________________________________ No one else may occupy the apartment. Persons not listed above must not stay in the apartment for more than 14 consecutive days without prior written consent. All changes in occupancy require written approval of Lessor. In the event that Lessee contemplates a change in occupants or marital status during the term of this agreement, an amended or new agreement will be required with the usual credit checks, approval by Lessor, and signatures by all occupants. Lessor is not obligated to continue with agreement if any one of original Lessees vacate. Lessee agrees: apartment will be used and occupied by Lessee[s] only, consisting of 1 adults 3 children, as a private dwelling apartment and for no other purpose. 6. DAMAGE/MAINTENANCE: Lessee has inspected the premises and acknowledges that they are in good condition. Lessee shall maintain the premises in a clean and orderly condition, including but not limited to: appliances, floor coverings, plumbing, and all personal property provided by the Lessor, throughout the term of this Agreement and upon surrendering the premises to the Lessor. Any exceptions regarding the condition of the tenancy at the commencement hereof are noted on the attached STATEMENT OF CONDITION form, which will be used to determine the refund of deposit at the end of this tenancy. Any omissions on the STATEMENT OF CONDITION form must be reported to the Lessor within 10 days after occupancy of the premises. Lessee also agrees to notify Lessor immediately in writing of any necessary repairs or of any damage to the premises. 7. ALTERATIONS: Lessee agrees not to make any alterations, additions, painting, or improvements to the premises or the property, nor to change or add additional locks, nor telephone or cable TV jacks, fixtures, or wiring, without the prior written approval of Lessor/Agent. In the event such consent is given, all such alterations or additions shall be made at the sole expense of Lessee and shall become the property of the Lessor. They shall remain in and be surrendered with the premises upon vacancy. Lessee is responsible for any damage caused by the use of tacks, nails, screws, or adhesives on walls or woodwork. 8. LIABILITY: Lessee accepts apartment in its present condition, and all personal property in Apartment, building, storage areas, parking area, or other common areas, shall be at the risk of Lessee. It is the Lessee’s responsibility to carry appropriate insurance and Lessee agrees Lessor/Agent shall not be liable for loss by fire, theft, act of God, or for any damages to person or property sustained by Lessee and/or his invitees due to the building in which the apartment is situated or any part or appurtenances thereto becoming out of repair, or for any act or neglect of employees, or other tenants of said apartments, or due to the happening of any accident from whatsoever cause in and about said buildings, except as provided and limited by law. Lessee also agrees that Lessor is not responsible for any damages or injuries as a result of Lessee negligence. {see item 20 regarding insurance} 9. ACCESS: Lessee shall allow Lessor/Agent access to premises at all reasonable times for the purpose of inspection or to show said premises to prospective purchasers, mortgagors, or any other person[s] having a legitimate interest therein, or to make repairs or improvements. Lessor shall whenever practicable, give Lessee 24 hours prior notice of his intention to enter the premises. Lessee agrees that in the case of emergency or abandonment, Lessor/Agent may enter premises without consent of Lessee. 10. RE-RENTING: Lessee agrees that Lessor/Agent shall have the right to show said apartment to prospective tenants at reasonable times for a period of thirty days prior to the expiration of tenancy. Lessor/Agent shall, whenever practicable, give Lessee 24 hours prior notice of his intention to enter premises. 11. COSTS AND ATTORNEYS FEES: In the event of disagreement or litigation regarding the terms and provisions of this agreement by either party thereto, the prevailing party shall be entitled to the payment of costs and expenses, including reasonable attorneys fees, as provided and limited to the Residential Landlord/Tenant Act of the State of Washington. 12. TERMINATION OF TENANCIES: Upon expiration of lease or during the term of monthly tenancy, twenty days written notice must be given to Lessor prior to the end of a monthly term or lease term in order to vacate with no additional rent due. According to the terms of this agreement, rent is to be prorated to the first day of each calendar month. Lessee agrees that monthly tenancy runs from the first to the last day of each month. If Lessee vacates the premises prior to the expiration of the Agreement or without proper notice, Lessee is liable for additional rent as provided for in RCW 59.18.310. Lessee agrees to promptly vacate if unable or fails to comply with other notices as provided by statute, which the Lessor may serve as a circumstance warrant. 13. DELIVERY OF PREMISES: Lessee agrees Lessor shall not be liable for damages or costs incurred because of Lessors’s inability to deliver possession on the commencement date of this agreement. In no event shall Lessor be liable to Lessee for damages caused by failure to deliver possession of the premises. Rent shall be pro-rated to date of possession. Lessee may declare this entire agreement null and void if possession from Lessor is delayed more than seven days; and all rent and deposit paid by Lessee to Lessor shall be refunded. 14. NON WAIVER OF BREACH AND SEVERABILITY: The failure of Lessor to insist upon strict performance of any of the covenants of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed as a waiver or relinquishment of any such or any other covenants or agreements, but the same shall be and remain in full force and effect. All parts, portions, and provisions, of this agreement shall be deemed separate and severable. In the event of the invalidity of any part, portion, or provision, the rest of this agreement, which with such part, portion, or provision deleted, shall be given full force and effect. 15. LOCK OUTS: In the event Lessee requires Lessor/Agent to provide access to premises due to lock out, there will be a minimum charge of twenty-five dollars beginning with the second request for this service. Payment is due as a part of the rent owed at the next due date from lockout. 16. PENALTY FEES: Rent payments, although due in full on the first of each month, will be allowed a grace period until midnight of the fifth day of the calendar month, after which a three-day notice to vacate may be issued. Lessee agrees to pay a late fee of 5% of the monthly rent if funds are received after the 5th of the month. Any of Lessee checks not honored by Lessee’s bank for any reason, will incur an additional check service fee of $30.00. 17. DAMAGE RECOVERY: In the event Lessor is damaged by a breach of this lease agreement, or is otherwise by law entitled to recover damages from Lessee, all or a portion of security deposit will be applied to such damages. 18. SMOKE ALARMS: Lessee has been provided with operable smoke detector device[s], the maintenance of which shall be the responsibility of Lessee. Lessee[s] failure to comply is subject to a $200.00 fine in accordance with RCW 28.40.240/WAC 212.10.050 19. SECURITY: Lessee agrees to check all windows and doors for operable locks, and is advised for Lessee[s] security, that all doors and windows should be kept securely locked. Should any lock become inoperable, Lessee will notify Lessor/Agent for repair. 20. INSURANCE: Lessee agrees to purchase renters’ insurance to protect Lessee’s personal property and to cover tenant’s liability, or to self insure. Lessee is responsible for all damage caused to premises, including, but not limited to, fire, theft, and glass breakage, and shall be responsible for repair and replacement thereof, regardless of whether the damage was caused voluntarily, involuntarily, or from vandalism. Lessor agrees he/she is not a beneficiary of Lessor’s insurance policy. 21. DESTRUCTION OF PREMISES: If the premises are destroyed or damaged by fire, elements, or other causes to an extent rendering the same untenable, the term of this agreement shall cease, without liability of either party to the other for termination of this tenancy, but not affecting any other rights of each. 22. LESSEE OBLIGATIONS: Lessee agrees as follows: a. To properly dispose of all rubbish, garbage, and other waste at reasonable intervals, and to assume all costs of extermination and infestation caused by Lessee. b. To maintain the temperature of the premises at such a level to prevent breakage of pipes or other damage to the premises. c. Not to do or keep anything in or about the premises which will increase the present Lessor insurance rate thereon. Lessee agrees to reimburse Lessor for any increase that might occur for violation of this rule. d. Not to intentionally or negligently destroy, deface, damage, repair or remove any part of the structure or dwelling, including the facilities, equipment, furnishings, locks, and appliances, or permit any member of Lessee’s family, invitee, licensee, or any person under Lessee’s control to do so, and agrees to notify Lessor of any such damage that occurs; To repair at Lessee’s expense any damage to the premises caused by Lessee’s acts or neglect within the time period provided by written notice to Lessor requiring such repairs. e. Lessee understands that this tenancy shall terminate at 12 midnight on the last day of occupancy, and it is the responsibility of Lessee to have the Apartment vacant and thoroughly clean at that hour. f. To notify Lessor immediately in writing of any necessary repairs or damage to the premises. g. Not to permit unauthorized occupants on the premises. Lessee may have guests stay a maximum of 21 days without authorization from Lessor. When authorized in writing by Lessor, additional occupants shall be subject to a per day charge of $30.00 per day. Unauthorized pets or pets of guests are in violation of this agreement. h. Not to store bicycles or other personal effects in halls, stairways, common areas, or areas of the dwelling such as decks open to view other than as specifically designated by Lessor, nor to store belongings on patios, decks or lanais. i. No signs or placards may be posted on or about the building or premises. j. Lessee, family, and guests, shall have due regard for the peace and enjoyment of other tenants in the building. The level of noise within any unit whether it originates from television, stereo, conversation, or any other source, must be such that it does not disturb other tenants. I/We the undersigned Lessee(s) have read all terms and conditions of this agreement, and agree to abide by them: ___________________________ [Lessee] _______________________ [Date] ___________________________ [Lessee] ________________________ [Date] ___________________________ [Lessee] ________________________ [Date] ___________________________ [Lessor/Agent] _______________________ [Date] ADDENDUM: This addendum acknowledges tenant receipt of INFORMATION FOR TENANTS packet which includes information about the Rental Agreement Regulation Ordinance, as well as Landlord/Tenant laws of the State of __ ________, which is a part of this agreement. In addition, Tenant has received and signed the form: DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. Tenant also acknowledges acceptance of FIRE SAFETY AND PROTECTION INFORMATION NOTICE. _____________ {initial} ____________ {date} _________ __________ {initial} {date} ADDITIONAL TERMS: *PETS: Lessee acknowledges that any approved pets to occupy unit have been neutered [if male], and will be cared for in a way that respects the living unit and other tenants. If any damage, odor, or other pet related problems occur, lessee acknowledges full responsibility and liability. Any additional, or new pets must be approved by lessor/agent. PET NAME AND DESCRIPTION: