In consideration of the agreements of the Resident(s),
known as: ________________________________________________________________________________________,
The owner hereby rents them the dwelling located at __________________________________,
for the period commencing on the ____day of ________________, 20_____,
and monthly thereafter until the last day of _________________________,
20______, at which time this Agreement is terminated. Resident(s), in
consideration of Owners permitting them to occupy the above property, hereby
agrees to the following terms:
LEGAL CONTRACT: This is a legally binding contract. If you
do not understand any part of this contract, seek competent legal advice
RENT: To pay as rental the sum of $_______________ per
month, due and payable in advance from the first day of every month. Failure
to pay rent when due will result in the Owner taking immediate legal action
to evict the Resident from the premises and seize the security deposit.
LATE FEE: Rent received after the first of the month will
be subject to a late fee of 10% plus (3.00) dollars per day.
BAD CHECKS: Residents further agree to pay as a service charge
the larger of $ 10 or 5% of the amount of any dishonored check, regardless
APPLIANCES: The above rental payment specifically EXCLUDES
all appliances not permanently affixed. Appliances located at or in the
property are there solely at the convenience of the Owner, who assumes
no responsibility for their operation. In the event they fail to function
after occupancy is started, the Resident may have them repaired at no cost
to Owner or request Owner to remove them.
DISCOUNT: As an incentive to the Resident to be responsible
for all maintenance of the premises and yard each month, and to pay his
rent payments AHEAD OF TIME, a discount in the amount of $___________________
may be deducted from the above rental sum each month. THIS DISCOUNT WILL
BE FORFEITED IF THE RESIDENT FAILS TO PERFORM AS STATED ABOVE. In the event
the discount is lost one month, this will not prevent the resident from
benefiting from the discount in subsequent months in the event they comply
with the terms of this agreement. Discounts lost due to a maintenance call
during the month will be added to the next months rent due.
EXTRA VISITORS: To use said dwelling as living quarters only
for______ adults and _______ children, named__________________________________________________________________
and to pay $75.00 each month for each other person who
shall occupy the premises in any capacity other than visiting.
ACCEPTANCE OF PROPERTY: Resident accepts the "AS IS" condition
of the property, waiving inspection of same by Owner and agrees to notify
Owner of any defects. Resident further agrees to indemnify Owner against
any loss or liability arising out of Resident’s use of the property, including
these using the property with Resident’s consent.
MAINTENANCE: Resident agrees to maintain the premises during
the period of this agreement. This includes woodwork, floors, walls, furnishings
and fixtures, appliances, windows, screens doors, lawns, landscaping, fences,
plumbing, electrical, air conditioning and heating, and mechanical systems.
Resident acknowledges specific responsibility for replacing and/or cleaning
filters on a/c and heating units. Any damages caused to units because of
not changing and cleaning filters will be paid for by the Resident. Tacks,
nails, or other hangers nailed or screwed into the walls or ceilings will
be removed 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
to screens, deterioration of lawns and landscaping, whether caused by abuse
or neglect is the responsibility of the Resident. Resident agrees to provide
pest control in the event it is needed.
VEHICLES: Resident agrees never to park or store a motor
home, recreational vehicle, or trailer of any type on the premises; and
to park only_______________________ automobiles described as follows: ONLY
ON THE PAVED DRIVEWAYS PROVIDED. Resident agrees that no vehicle may be
repaired, nor may any vehicle be stored on the property without a current
registration and tag, except in the garage. RESIDENT AGREES THAT ANY VEHICLE
PARKED ON ANY UNPAVED AREAS OR VEHICLE WITHOUT A CURRENT REGISTRATION MAY
BE TOWED AND STORED AT RESIDENT’S EXPENSE BY "DIRECT TOWING" OR OTHER TOWING
CLEANING: Resident accepts premises in its current state
of cleanliness and agrees to return it in a like condition.
SECURITY DEPOSIT: Resident agrees to pay a deposit in the
amount of $______________ to secure residents pledge of full compliance
with the terms of this agreement. Note: THE DEPOSIT MAY NOT BE USED BY
TENANT TO PAY RENT DURING THE TENANCY! The security deposit will be used
at the end of the tenancy to compensate the Owner for any damages or unpaid
rent or charges, and will be repaired at resident’s expense with funds
other than the deposit.
PETS: Resident agrees to pay a non-refundable pet fee of
$ 20 per month per pet. All pets found on the property, but not registered
under this agreement will be presumed to be strays and disposed of by the
appropriate agency as prescribed by law. In the event a Resident harbors
and 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.
The Resident specifically understands and agrees:
A. No pet which is attacked-trained or vicious, with
a history of biting people or other animals, or of property damage will
be kept on the premises;
B. That the Resident is solely responsible for any and
all damage to the owner’s property including, but not limited to the premises,
carpeting, draperies, blinds, wall coverings, furnishings, appliances,
and landscaping, including the lawn, and shrubbery;
C. That in a like manner, he is responsible for any and
all damage or loss to persons or property of others caused by the Resident’s
pet(s) and in this regard does hereby agree to hold the owner harmless
for any such damage;
D. That all pet(s) should be card for and maintained
in a humane and lawful manner;
E. That all pet waste shall be removed and disposed of
promptly, including waste in neighbor’s yards distributed by Resident’s
F. That all pets shall be maintained so as to not cause
annoyance to others.
RESIDENT’S OBLIGATIONS: The Resident agrees
to meet all of resident’s obligations; including:
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 or leakage of plumbing, fixtures, faucets,
C. Operate all electrical, plumbing, sanitary, heating,
ventilating, a/c, and other appliances in a reasonable and safe manner.
D. Assuring that property belonging to the owner is safeguarded
against damage, destruction, loss, removal, or theft.
E. Conducting him/herself, his/her family, friends, guests
and visitors in a manner which will not disturb others. Resident 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.
SUBLETTING: Resident agrees not to assign this agreement,
nor to sub-let any part of the property, nor to allow any other person
to live therein other than as named in paragraph 4 above without first
requesting permission from the Owner and paying the appropriate surcharge.
Further, that covenants contained in the Rental Agreement, once breached,
cannot afterward be performed; and that eviction proceedings may be commenced
at once without notice.
COURT COSTS: Resident 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 or any state law. In the
event any portion of this Agreement shall be found to be unsupportable
under the law, the remaining provisions shall continue to be valid and
subject to enforcement in the courts without exception.
OWNER’S STATEMENTS: 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, alternations,
or other terms and conditions shall be binding unless specified in writing
and specifically endorsed.
PARTIAL PAYMENT: The acceptance by the Owner of partial payments
of rent due shall not under any circumstance, constitute a waiver of the
Owner, nor affect any notice or legal eviction proceedings in theretofore
given or commenced under state law.
ABANDONMENT: If Resident leaves said premises unoccupied
for 15 days while rent is due and unpaid, Owner is granted the right hereunder
to take immediate possession thereof and to exclude Resident there from;
removing at his/her expense all his/her property contained therein and
placing it into storage at Resident’s expense.
RIGHT TO SIGN: The individual(s) signing this Lease/Rental
Agreement as to Resident stipulates and warrants that he/she/they have
the right to sign for and to bind all occupants.
UTILITIES: Residents shall be responsible for payments of
all utilities, garbage, water and sewer charges, telephone, gas or other
bills incurred during their residency. They specifically authorize the
Owner to deduct amounts of unpaid bills from their deposits in the event
they remain unpaid after the termination of this agreement.
PERSONAL PROPERTY: No rights of storage are given by this
agreement. The owner shall not be liable for any loss of personal injury
or property by fire, theft, breakage, burglary, or otherwise, for any accidental
damage to persons, guests, or property in or about the leased/rented property
resulting from electrical failure, water, rain, windstorm, or any act of
God, or negligence of owner, or owners agent, contractors, or employees,
or by any other cause, whatsoever. Resident covenants and agrees to make
no claim for any such damages or loss against owner, but to purchase needed
"renters insurance" or to provide self-insurance in adequate amounts to
offset any risk. Resident agrees to list Owner as "additional insured"
on their insurance policies.__________(initials)
REMOVAL OF PROPERTY: Resident agrees not to remove or alter
in any way owner’s property specific written permission from the owner.
Any removal or alteration of owners 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 Residents
from the property, storing all Residents possessions at Resident’s expense
pending reimbursement in full for owner’s loss and damages.
WATERBEDS: In the event any occupant of the premises shall
use a flotation bedding system, the Resident 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 a form standard
to the industry. The minimum limits should be $ 100,000. In the event the
Resident installs a flotation bed installation, then the Resident is in
default, and owner will have remedies as per paragraph 20 above.
TERMINATION: After one month’s rental payment has been received,
this agreement may be terminated by mutual consent of the parties, or by
either party giving written notice of at least 15 days prior to the end
of any monthly period. Any provision of this agreement may be changed by
the owner in like manner. All parties agree that termination of this agreement
prior to ______________________________________________ regardless of cause
will constitute a breach of the tenancy as agreed on page 1 and all deposits
shall be forfeited in favor of the owner as full liquidated damages at
the owner’s option.
METHOD OF PAYMENT: The initial payment of rent and deposits
under this agreement must be made in cash, or cashier’s check drawn on
a local financial institution. Thereafter, monthly rent payments may be
paid by check until the first check is dishonored and returned unpaid.
Regardless of cause, no other additional payments may afterwards be made
by check. Checks returned will not be redeposit. The Resident will be notified
by a 3 day notice, and will be required to pay the amount due, including
the bad check charge, in cash. Resident is aware that owner may report
past rent, damages, utilities or other costs owed by Resident to credit
reporting agencies. Resident understands this reporting could affect Resident's
ability to obtain credit for future housing.
DELIVERY OF RENTS: Rents may be mailed through the U.S. mail
to ________________________________________________________________. Any
rents lost in the mail will be treated as if unpaid until received by Owner.
It is recommended that payment made in cash or money order be delivered
in person to the owner’s office at the above address. Only rents received
by mail or in person on or before the due date will qualify the tenant
for a discount!
RETURN OF DEPOSIT: Security deposits will be deposited for
the Resident’s benefit in a non-interest bearing bank account. Release
of these deposits is subject to the provisions of State Statues and
A. The full term of this agreement has been completed.
B. Formal written notice has been given as per paragraph
C. No damage or deterioration to the premises, building(s),
or grounds is evident.
D. The entire dwelling, appliance, closets and cupboards,
are clean and left free of insects, the refrigerator is defrosted, and
all debris and rubbish ahs been removed from the property; the carpets
are cleaned and left odorless.
E. Any and all unpaid charges, pet charges, late charges,
extra visitor charges, delinquent rents, utility charges, etc., have been
paid in full.
F. All keys have been returned, including keys to any
new locks installed while resident was in possession.
G. A forwarding address has been left with the owner.
Thirty days after termination of occupancy, the owner
will send the balance of the deposit to the address provided by the Resident,
payable to the signatories hereto, or owner will impose a claim on the
deposit and so notify the Resident by certified letter. If such written
claim is not sent, the owner relinquishes his right to make any further
claim on the deposit and must return it to the Resident provided Resident
has given the Owner notice of intent to vacate, abandon, and terminate
this agreement proper to the expiration of its full term, at least 7 days
PHONE: Resident agrees to install and maintain telephone
service, and agrees to furnish to the owner the phone number, and any changes,
within 3 days after installation.
GAS, ELECTRIC AND WATER: Resident agrees to transfer the
gas, electric, and water service charges to their name immediately upon
occupancy and to make arrangements for meter readings as needed.
THREE(3) DAY INSPECTION: Under the terms of this discount
lease/rental agreement, Residents will be provided with an inspection sheet.
It is their obligation to inspect the premises and to fill out and return
to the Owner their inspection sheet within 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.
Resident 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 Resident is obligated to provide for routine maintenance at this own
expense, or to lose the discount.
OWNERS AGENTS AND ACCESS: The owner may be represented by
an agent who will carry identification. Resident specifically agrees to
permit the owner or agent(s) access to the premises for the purposes of
inspection, repairs, or to show the property to another person at reasonable
hours, on request. Resident will also allow signage in the yard.
REPAIRS: In the event repairs are needed beyond the competence
of the Resident, he or she is urged to arrange for professional assistance.
Residents are offered the discount as an incentive to make their own decisions
on the property they live in. Therefore as much as possible, the Resident
should refrain from contacting the Owner except for emergencies or for
repairs costing more that the discount since such involvement not by the
Owner will result in the 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 THAT REPAIR. Any improvement
made by the tenant shall become the property of the Owner at the conclusion
of this agreement.
WORKER’S WARRANTY: All parties to this agreement warrant
that any work or repairs performed by the Resident 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.
RADON: Radon is a naturally occurring radioactive gas that
when it has accumulated in a building in sufficient quantities may present
health risks to persons who are exposed to it over time. Levels of radon
gas that exceeds Federal and State guidelines have been found in buildings. Additional information regarding radon and radon testing may be
obtained from your county public health office.
LEAD-BASED PAINT: Houses built before 1978 may contain lead-based
paint. Lead from paint, paint chips, and dust can pose health hazards if
not taken care of properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, landlords
must disclose the presence of known lead-based paint and lead-based paint
hazards in the dwelling. Tenants must also receive a federally approved
pamphlet of lead poisoning prevention.
SMOKE DETECTORS: Smoke detectors have been installed in this
residence. It’s the tenant’s responsibility to maintain its appliance including
testing periodically and replacing batteries as recommended by the manufacturer.
In the event the detector is missing or inoperative, the tenant has an
affirmative duty to notify the landlord immediately.
DEFAULT BY RESIDENT: Any breach or violation of any provision
of this contract by Resident or any untrue or misleading information in
Resident’s application shall give the Owner or his agent’s the right to
terminate this contract, evict the Resident and to take possession of the
residence. The Resident agrees to a forfeiture of the security deposit
and Owner may still purse any remaining amounts due and owing.
BANKRUPTCY: In the event of bankruptcy or state insolvency
proceeding being filed against the Resident, this heirs, or assign, at
the option of Owner, his agent, heirs, or assigns, and immediately declare
this contract null and void, and to once resume possession of the premises.
No judicial officer shall ever have any rights, title, or interest in or
to the above-described property by virtue of this agreement.
RENEWAL TERM: At the end of initial term herein, as per page
1, owner may elect to renew for another term but at a rental increase of
3% to 5% of current rental rate depending on the market index.
ACKNOWLEDGMENT: In this agreement the singular number where
used will also include the plural, the Masculine gender will include the
Feminine, the term Owner will include Landlord, Lesser, and the term Resident
will include Tenant, Lessee. The below-signed parties acknowledge that
they have read and understand all of the provisions of this agreement.
This contract is bound by all heirs, executors, successors and/or assigns.
ACCEPTED THIS _____ day of _______________________20_____,