RENTAL AGREEMENT This Rental Agreement (“Rental Agreement”) is made and entered into this ___ day of ______, 2007 by and between _____________________, husband and wife (collectively, “Tenant”) and ________________ (“Owner”). The following terms shall apply to this Rental Agreement: 1. Rental Term. The premises commonly known ______________________ (the “Property”), is rented by the Owner to Tenant beginning on the ___ day of ___________, _____ and continuing until the _____ day of _______________, _____, and then month to month for each month thereafter until either party shall terminate the Rental Agreement by giving the other party 30 days written notice sent by certified mail. If Tenant fails to provide 30 days notice before vacating the Property, Tenant shall be responsible for 30 days of rent, utilities, rental ads, and any additional costs or expenses incurred by the Owner in re-renting the Property. If the Owner rerents the Property prior to this 30-day period, Tenant’s responsibility for this rent and these costs will end on the date the Property is re-rented. 2. Rental Amount and Payment. During the Rental Term, on or before the first day of each month, Tenant, without demand by Owner, shall pay by check or money order made payable to Owner, located at _____________________________, monthly rent in the amount of _______________________ ($________). Tenant shall pay any and all monthly charges assessed to the property for heat, utilities, and homeowner’s association fees, dues or penalties. After the expiration of the initial Rental Term, Owner may elect to increase the amount of rents by giving Tenant 30 days notice of the increase. If the Rental Term begins on a day other than the first of the month, then in the month following the beginning of the Rental Term, Tenant shall pay pro rata the monthly payment to the end of that month, and thereafter, the monthly rental payment shall be due and payable on the first day of the month in advance. 3. Utilities. In addition to rent, Tenant shall pay for all public utilities charged against the Property, including, garbage, heat, gas, electric, and other related charges. Tenant shall also pay any homeowner’s association dues charged against the property or its Owner. Owner may elect to sub-bill tenant for these charges. Tenant must pay these charges in the same manner and at the same time as the rental payment, as provided for in paragraph 2. 4. Security Deposit. Tenant shall pay a non-refundable security deposit of _________________ ($__________). This amount shall be paid in __________ monthly installment(s) of ________________ ($_________) beginning on the 1st day of the first month of occupancy. Of this amount, _______________ ($_________) has already been paid pursuant to the Rental Application, which is attached as Appendix A to this Agreement and incorporated by reference herein. Deductions shall be made from the security deposit for damages caused by Tenant. Deductions shall be made from the security deposit at the end of the Rental Term if the property is not cleaned and left in the same condition as when it was rented. Carpets must be professionally cleaned. Drapes must be cleaned, light bulbs replaced, all garbage, objects and furniture removed, all
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surfaces cleaned, and the property must be painted as necessary. The security deposit will be refunded to Tenant no more than 14 days after tenant lawfully terminates the Rental Agreement and moves off the Property premises. The security deposit shall not be used by Tenant as rent. The Owner shall have the right to proceed against Tenant to recover costs for cleaning, painting, or repairs to the property and replacement of lost or missing personal property, for which Tenant is responsible, which exceed the amount of security deposit together with reasonable attorney’s fees and provided by law. Tenant also agrees to be liable for the costs of repairs and damages to any other portion of the property including common areas and other units if such damage occurred as a result of Tenant’s actions. Tenant agrees to pay such char es upon receipt of an itemized billing g from the Owner. 6. Nonrefundable Cleaning Fee. Tenant agrees to pay the sum of One Hundred and Fifty Dollars ($150) as an amount necessary to clean the property after Tenant moves from the Property . This amount shall not be refunded under any circumstances. 7. Service Charges. Tenant understands that the total rent is due and payable on or before the first of each month. The service charges described hereafter represent fair and reasonable estimates of the costs to be incurred by Owner by reason of such late payment. Late service charges imposed shall be deemed “additional rent.” If the monthly rental payment has not been paid in full on or before the 3rd day of the month, a late service charge of seventy five dollars ($75.00) will be automatically due and payable by Tenant. If a check is returned NSF or “Payment stopped,” a fee of seventy five dollars ($75.00) will be payable by Tenant for each check returned unpaid, in addition, a returned check will result in assessment of late service charges as stated above. Personal checks will not be accepted from tenants that have had their personal checks returned by th bank. A money order covering the eir amount of the returned check plus any assigned late fees must be provided. A three day notice fee of seventy five dollars ($75.00) will be charged and assessed for issuance of any three day notice to pay rent. If rent is delivered other than by hand, rent is deemed “paid” on the date the envelope containing the rent is postmarked. 8. Eviction. In the event any rents shall be due and unpaid, or if default is made in any of the provisions contained within the Rental agreement, it shall be lawful for the Owners or their agents to give tenants 3 day eviction notice and to take legal action if premises are not vacated by the end of 3 days. Tenants are to pay costs of collection, which may include reasonable attorney's fees. 9. Liability. Tenant accepts the Property in its present condition. Tenant has had full opportunity to inspect, and has inspected, the Property. Tenant has made him or herself aware of all dangerous conditions, if any, existing on the property. Tenant agrees that Owner is not liable for damages to person or property sustained by Tenant’s or Tenant’s invitees from theft, vandalism, break-ins, fire, water, negligent overflows of water, rain, hail, smoke, explosions, appurtenances becoming out of repair, sonic-booms, or for any act or neglect of Owner or Owner’s agent or any other cause, except as provided and limited by law. In the event of any damage to the Property, or damages to person or personal property sustained by
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Tenant or Tenant’s invitees, Tenant will immediately, no later than 24 hours, report said damages to the Owner, and as appropriate to the local authorities and/or insurance company. 10. Renter’s Insurance. Tenant agrees to purchase and provide to Owner a policy of renter’s insurance with a minimum coverage of ____________ for the duration of Tenant’s possession of the Property. Tenant will purchase the policy from: ___________________, the address for which is: __________________, and the telephone number for which is: _________. Should tenant be unable to purchase the policy from this company, tenant will contact the Owner who will provide another company from which tenant can purchase the policy. Should tenant fail at any time to maintain this policy, Tenant must immediately inform Owner of the lapse. In the event of such a lapse, Owner may purchase a similar policy, and Tenant must immediately reimburse Owner for the total cost of the policy, plus $100.00 as a reasonable fee for the lapse. Should any damages occur during the lapse, Tenant agrees to accept full responsibility for said damages. If this provision is left blank upon signing, the provision may be filled in by Owner at any time up to 30 days from the date of this Agreement. 11. Waiver. Tenant expressly agrees to all provisions listed in the WAIVER, RELEASE, HOLD HARMLESS and INDEMINIFICATION AGREEMENT, which is incorporated by reference herein and found inAppendix B to this Rental Agreement. 12. Full Authorization for Owner to View Tenant’s Rental Dwelling Policy and Policy Payment History. Tenant agrees to all provisions listed in the Full Authorization for Owner to View Tenant’s Rental Dwelling Policy and Policy Payment History, which is incorporated by reference herein and found inAppendix C of this Rental Agreement. 13. Assignment. Tenant shall not assign this Rental Agreement or sub-let the Property or any part thereof without the written consent of Owner or his agent. 14. Alterations. Tenant agrees to do no painting or decorating on the Property, make any alterations or additions to the Property the fixtures, locks or wiring without prior written consent of the Owner. 15. Use. Tenant agrees the Property is to be used and occupied by Tenant and members of Tenant’s family only, consisting of, ________________, ____________________, _____________________, _________________, ___________________, _________________, as a private dwelling and for no other purpose. If Tenant should, during this tenancy, accept an additional occupant, all rights to occupancy are immediately terminated unless a new rental agreement is drawn satisfactorily in its terms to the Owner, and signed by all parties. All changes in occupancy or occupants require prior written approval of Owner, at Owner’s sole discretion. 16. Maintenance. Tenant shall maintain the Property, including but not limited to, its furnishings, appliances, floor coverings, draperies, windows, sills and decks/patios in good order and in a clean and sanitary condition. Tenant agrees to reimburse Owner for any damages caused by Tenant’s neglect or misuse, including but not limited to clogged plumbing and broken appliances. 17. Access. Tenant shall allow owner access at all reasonable times to the Property for the purpose of inspection or to show said Property to prospective purchasers, mortgagees, tenants or
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any other person having a legitimate interest therein, or to make necessary repairs or improvements. Except for prospective tenants as per paragraph 15 of this Rental Agreement. Owner shall, whenever practical, give Tenant 24 hours prior notice of his intention to enter the apartment. Tenant agrees that in case of an emergency or abandonment the Owner may enter the Property without the consent of Tenant. 18. Re-renting. Tenant agrees that Owner or his agent shall have the right to show said Property to prospective tenants at reasonable times (daily 9:00 a.m. to 7:00 p.m. for a period of twenty (20) days prior to the expiration of tenancy. 19. Governmental regulations. Tenant shall comply with all laws, ordinances, public rules, and governmental regulations applicable to said Apartment or the use thereof. 20. Attorney’s fees. Tenant agrees to pay all costs, expenses and attorney’s fees, as allowed by law, expended or incurred by Owner by reason of any default or breach by Tenant of any of the terms of this Rental Agreement. 21. Notices. Owner may give the following notices as circumstances may warrant. Ten (10) day notice to comply with any terms of this Rental Agreement or vacate
a. the Property.
b. Three (3) day notice, after a default in the payment of rent, to pay the rentin full or vacate the Property. c. Three (3) day notice to vacate the Property for commiting a waste upon the t Property, setting up or carrying on any unlawful business, or permitting or maintaining a nuisance on or about the Property. 22. Possession. Owner and Owner’s agent shall not be liable for damages or costs incurred by Owner’s inability to deliver possession on the commencement date of the Rental Agreement. Rental shall be prorated to date of possession. Tenant at his option may declare this Rental Agreement null and void if possession is delayed in excess of ten (10) day and all money paid by s Tenant to Owner shall be refunded. 23. Removal of Property. If the Property is vacated or abandoned by Tenant, Owner or his agent may enter the Property and remove all personal property from the Property and place it in storage at the expense of Tenant unless Tenant requests release of personal property in writing and pays all fees. After forty-five (45) days from the date of abandonmen notice, Owner may proceed t to dispose of said property as provided by law. 24. Water temperature. Tenants acknowledge that, if accessible, he/she has inspected the hot water heater and to the best of his/her knowledge believes it to be set no higher than 120 degrees Fahrenheit. 25. Conditions of Premises. Tenant acknowledges that Owner has provided Tenant with a written signed and dated Move-In/Move-Out Inspection Agreement specifically describing the condition and cleanliness of all aspects of the premises at the commencement of Tenants
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occupancy. This Agreement is incorporated by reference and attached as Appendix D. Tenant further acknowledges that the premises are in a good condition at the commencement of Tenants occupancy, that it does not require repainting, cleaning or repair, and that there are no material deficiencies or defects in any aspect of the premises except as set forth in the Move-in/Move-Out Inspection Agreement. Tenant acknowledges that the Property is equipped with a smoke detection device. It is Tenant’s responsibility to maintain the smoke detection device in proper operating condition in accordance with the manufacturer’s recommendations, including providing replacement batteries as required. A fine of not more than two hundred dollars or other fine as authorized by law will be imposed for failure to comply with these provisions. Failure to maintain the smoke detection unit is grounds for termination of tenancy. 26. Rules and Regulations. Tenant shall comply with rules and regulations listed below, any additional rules applicable to the Property which Owner may deem necessary and which are posted or delivered as provided by law, and all other commonsensical rules and obligations: a. No animals or pets of any kind shall be kept or harbored in or about the Property without written permission of the Owner or agent. Should the Owner permit Tenant to harbor pets on the Property, a separate pet deposit and/or increased monthly rental payment may be required by the Owner. b. No wires, aerials, antennas for radio or television or wires, ropes for clothes drying, etc. shall be installed on the roof, decks, or other parts of the Property without written permission of the Owner or Owner’s agent. c. All leaking faucets, toilets, windows, and/or defects in the Property or appliances not in good working order shall be reported promptly to the Owner or Owner’s agent in writing. d. Accumulations of moisture and mildew must be removed by Tenant.
e. Tenant, family and guests shall have due regard for the peace of neighbors of the Property. Musical instruments, radios, television sets, record players, etc. shall not be played at a volume that disturbs neighbors. Harassment of neighbors will not be tolerated. f. Grass, greenery, and landscaping must be kept in an orderly manner.
g. Toilets, sinks and washbasins are to be used only for the purposes for which they were intended and no dust, grease, personal hygiene, produce, rubbish, coffee grounds, etc. are to be put into same. h. Owner. i. Tenants shall not climb onto the roof under any circumstances. Water beds are not permitted on the Property, unless agreed to in writing by the
j. Management reserves the right to charge a “lockout fee” at any time, payable upon entry for Tenant that misplaces Tenant’s keys.
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k. Owner may enter the premises at reasonable times and intervals to inspect, repair, and maintain the same, or to show the property to any prospective buyer, or any loan or insurance agent. Owner may also show the unit to a prospective tenant after moving notice or termination notice is given by either party. Owner reserves the right to enter the house without notice for emergencies such as fire or water damage. l. Tenant will maintain reasonable quiet on the premises, especially between the hours of 10:30 p.m. and 7:00 a.m. This includes music and children. The measurement of reasonable quiet is that there are no complaints by neighbors. m. Tenant shall conduct no illegal activities on the Property Tenant shall not . conduct any activities which constitute a fire hazard or danger to persons or to the Property. n. Tenant shall not damage the property or take any action that would cause a decrease in the value of the property. o. Tenant shall not make any improvements to the property without written consent from the Owner. Any improvements to the Property shall not be removed by Tenant in the event Tenant vacates the Property . p. Tenant is responsible for additional duties including the following: 1. Supplying batteries for smoke detectors and notifying Owner if smoke detector is not in working order. 2. Unplugging sinks and toilets unless it can be ascertained that the blockage was not the fault of Tenant. 3. Upkeep of yard, including lawn, shrubberies, trees, etc.
4. Replacement of furnace filter once a year and insuring that heat is maintained on the Property and leaving one faucet trickling at all times when temperatures are below 10 degrees Fahrenheit to prevent damage from frozen plumbing. 5. Tenant is responsible for snow and ice removal from driveway and all sidewalks and is liable for any accidents from the negligence thereof. 6. Tenant is responsible for maintaining the property in a condition similar to or better than the condition in which the property was in on the date of this Rental Agreement. 27. Non-waiver of Breach and Severability. The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this Rental Agreement, or to exercise any option herein conferred in any or more instances, shall not be construed to be a waiver or relinquishment or any such or any other covenants or agreements, but the same shall be and remain
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in full force and effect. All parts, portions, and provisions of this Rental Agreement shall be deemed separate and severable. In the event of the invalidity of any part, portion or provision, the rest of this Rental Agreement which with such part, portion or provision deleted, shall be given full force and effect. 28. Pets. Tenant may have ___, dog and ___ cat. The terms of Tenant keeping these ____ animals on the property are detailed in a Pet Responsibility Addendum, which is incorporated by reference as Appendix E to this Rental Agreement. 29. Signatures. Please sign AND print name. _________ ________________________ ______ Owner: Date _________ ________________________ ______ Owner: Date
___________________________ Tenant: Date ___________________________ Tenant: Date
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