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What is an Apartment Lease Agreement?

Landlords and their tenants often use Apartment Leases for the purpose of documenting the details of a new tenancy. Signing this contract can help everyone to avoid possible disagreements. You can click the button that says "Make document" to check out our sample Apartment Lease and see what information you'll need to provide to build your lease.

When to use an Apartment Lease:

  • You own an apartment rental, and want to clarify the terms of a rental agreement before leasing the apartment to a tenant.
  • You own an apartment that you'd like to lease to a tenant, and would like to have a clear set of rules and conditions for the rental.
  • You're a tenant looking to rent an apartment from a landlord who does not already have a lease form.
  • You're a landlord who currently has tenants living in your apartment rental, and you'd like to formalize the existing rental agreement with a written document.

Sample Apartment Lease

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This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between  (the "Landlord") and the following tenants:

 

 

RESIDENTIAL LEASE

 

 

THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART II, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE.

 

This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between  (the "Landlord") and the following tenants:

 

 

(the "Tenant")

 

Subject to the terms and conditions stated below the parties agree as follows:

 

 

. RENTAL APPLICATION. The Tenant acknowledges that the landlord has relied upon the rental application, a copy of which is attached hereto, in qualifying and agreeing to enter in this agreement with the Tenant. The Tenant acknowledges and declares that the information and facts contained in the application are true and correct to the Tenant's knowledge. If any facts stated in the rental application are found to be untrue, the Landlord will have the right to terminate residency immediately and collect from the Tenant any damages.

 

 

. LANDLORD TENANT ACT. This Rental Agreement is governed by the South Carolina Residential Landlord and Tenant Act.

 

. PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the following: (the "Premises") located at , ,  . No other portion of the building (hereinafter, the Building), wherein the Premises is located is included unless expressly provided for in this Agreement.

 

. TERM. The lease term will begin on ("Commencement Date") and will terminate on , and thereafter shall be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated.and shall continue as a month-to-month tenancy. Tenant may terminate the tenancy by giving Landlord written notice of at least 30 days prior to the desired termination date. Landlord may terminate the tenancy by giving written notice as provided by law.

 

Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified aboveby Tenant giving Landlord written notice of at least 30 days prior to the desired termination date, or by Landlord giving Tenant written notice as provided by law. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect.

 

Any notice of termination must provide for the vacation of the Premises by all occupants unless otherwise agreed to by Landlord in writing. If Tenant vacates the Premises prior to the expiration hereof or without notice as required by this paragraph, Tenant shall be liable for additional rent as provided for in RCW 59.18.310. Any items left behind in the unit by Tenant after termination of tenancy will be handled as required under RCW 59.18.310.

 

Residency shall terminate at on the last day of occupancy. It is Tenant's obligation to have the Premises vacant and thoroughly clean by that hour.

 

. DELIVERY OF POSSESSION. If the Landlord fails to make the Premises available in a habitable condition on the agreed start date of this Lease, the Tenant may cancel the lease and receive a full refund of all deposits and fees paid. If the Tenant elects to wait until the Premises is ready, the rental period will begin on the day the Tenant takes possession of the Premises and the first month's rent payment will be prorated to adjust for the days the Tenant was unable to occupy the Premises.

 

. DELIVERY OF POSSESSION. If the Landlord fails to make the Premises available in a habitable condition on the agreed start date of this Lease, rent shall not be charged until delivery is completed. If Landlord fails to deliver possession without legitimate cause, then the remedies in § 55-248.22 of the Code of Virginia shall apply.

 

. MANAGEMENT. The Tenant is hereby notified that is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact at , ,  , , . is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact at , ,  , , . is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact at , ,  , , . is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact at , ,  , , .

 

. RENT; LEASE PAYMENTS. "Rent" shall mean all monetary obligations of Tenant to Landlord under the terms of this Agreement, except the Security Deposit.

 

(a) Tenant shall pay to Landlord lease payments of , payable in advance on the day of each calendar month, and is delinquent on the next day. lease payments of , payable in advance on the day of each , and is delinquent on the next day. Lease payments shall be made to Landlord at the address of Landlord noted in the Notices provision of this Lease which may be changed from time to time by Landlord.

 

(b) Rent shall be paid by the following method(s):

 

 

If any payment is returned for non-sufficient funds or because Tenant stops payments, then, after that, (i) Landlord may, in writing, require Tenant to pay Rent in cash for three months and (ii) all future Rent shall be paid by money order or cashier's check.

 

IF YOU DO NOT PAY YOUR RENT ON TIME

 

This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. Upon the vacating of the Premises for termination of the lease, Landlord shall have sixty (60) days to return the security deposit to Tenant, minus any deductions for damages or other charges, together with an itemized list of any such deductions. Within fourteen days (14), excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence. Upon the vacating of the Premises for termination of the lease, Landlord shall have thirty (30) days to return the security deposit to Tenant, minus any deductions for damages or other charges, together with an itemized list of any such deductions. Upon the vacating of the Premises for termination of the lease, Landlord shall have forty-five (45) days to return the security deposit to Tenant, minus any deductions for damages or other charges, together with an itemized list of any such deductions. In accordance with Kansas law, the Landlord shall have 14 days from determination of amount of deposit withholding to return the security deposit to Tenant and should not exceed 30 days from termination of tenancy and demand for deposit by Tenant to return the security deposit. In accordance with Kentucky law, if Tenant leaves last month's rent unpaid and does not demand the deposit, Landlord may retain deposit after 30 days and apply excess to debt owing. If Tenant leaves not owing rent and has a refund due, Landlord must notify Tenant of amount of refund due. If Landlord does not receive a response from Tenant within 60 days, Landlord may retain deposit. The Security Deposit will be administered in accordance with North Carolina Gen. Stat. § 42-50 et. seq. It may, in the discretion of the Landlord, be deposited in an interest-bearing account with the bank or savings institution named below. Any interest earned upon the Security Deposit will accrue for the benefit of, and will be paid to, the Landlord, or as the Landlord directs. Such interest, if any, may be withdrawn by Landlord from such account as it accrues as often as is permitted by the terms of the account.The Landlord shall return to the Tenant the security deposit or the portion of the security deposit that the Landlord does not claim not later than thirty-one (31) days after the tenancy terminates and the Tenant delivers possession to the Landlord. Upon the vacating of the Premises for termination of the lease, Landlord shall have twenty-one (21) days to return the security deposit to Tenant, minus any deductions for damages or other charges, together with an itemized list of any such deductions. The 21-day period can be shortened or extended by an agreement between the Tenant and landlord, but it may not be longer than 30 days. The security deposit will be held in account no. at: , , , . The security deposit will be held in an account at: , , , .

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. Landlord will retain only that portion of Tenant's security deposit necessary to pay accrued rent or compensate Landlord for damages suffered by reason of Tenant's failure to maintain the dwelling unit. Landlord may use from prepaid rent or Security Deposit such amounts as are reasonably necessary to remedy Tenant's default in the payment of rent, or damages from Tenant's breach of the lease, or to repair damages to the Property exclusive of ordinary wear and tear or Landlord's failure to prepare for expected weather conditions. If used for any of the aforementioned purposes, Landlord will provide Tenant with a written accounting of the deductions. Landlord will refund Tenant the balance of the security deposit after such deductions within 14 days, if Tenant has given proper notice to terminate the tenancy, except Landlord shall have 30 days after the tenancy is terminated to mail the refund if costs are deducted for damages that Landlord has suffered because of Tenant's noncompliance with Alaska Stat. 34.03.120. The account is a non-interest an interest bearing account. The Tenant will be entitled to all interest accrued on the security deposit. In signing this Lease the Tenant waives the right to any interest accrued on the security deposit. The security deposit will be held in an account at: , , , .

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. The security deposit will be held in   account at: , , ,  .

 

YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.

 

IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.

 

YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.

 

THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

 

Upon the vacating of the Premises for termination of the lease, Landlord shall have 15 days to return the security deposit together with interest if otherwise required, or in which to give Tenant written notice by certified mail to Tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

 

This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by Section 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address).

 

If Landlord fails to give the required notice within the 15-day period, he or she forfeits the right to impose a claim upon the security deposit.

 

Unless Tenant objects to the imposition of Landlord's claim or the amount thereof within 15 days after receipt of Landlord's notice of intention to impose a claim, Landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to Tenant within 30 days after the date of the notice of intention to impose a claim for damages.

 

If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.

 

Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in Chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in Section 475.25(1)(d).

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.

 

The balance of the security deposit must be returned to Tenant within thirty (30) days after the termination of this Agreement or the surrender of Premises by Tenant, along with an itemization of any amounts being withheld, so long as the full term of the Lease has expired; Tenant has given the required written notice to vacate; no damage has been done to the Premises or its contents, except for normal wear and tear; the Premises are clean and free of dirt, trash and debris; all rent, additional rent, fees and charges have been paid in full, and all keys, access cards, gate openers and garage openers, if any, have been returned to Landlord.

 

The security deposit will be held in account no. at: , , , .

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.

 

In accordance with Illinois law, the security deposit will be returned to the Tenant within forty-five (45) days after the end of the lease, without interest, excluding any portion retained due to payment for damages or moneys owed by the Tenant. The Landlord must provide the Tenant with an itemization of the actual or estimated cost of repairs within thirty (30) days of vacating the Premises.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.

 

In accordance with the Lessees Deposit Act, Landlord must return the unused portion of the security deposit within (30) days of terminating the Lease. If any amounts are withheld, the Landlord must also furnish to Tenant a written itemized list of the damages assessed and the amount of any funds withheld along with the remaining balance payable to the Tenant.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.

 

In accordance with the Annotated Code of Maryland, Real Property Article, Tenant's security deposit will be deposited and maintained in an escrow account in a federally insured financial institution which does business in the State of Maryland, which will be exclusively used for maintaining security deposits, within 30 days of receipt. At the Landlord's election, the security deposit may be held in insured certificates of deposit at branches of a federally insured financial institution within the State of Maryland or in securities issued by the Federal government or the State of Maryland. The Landlord must provide the Tenant, within 45 days after the termination of the tenancy by first class mail directed to the last known address of the Tenant, an itemized list of any damages to the Premises together with a statement of costs actually incurred. Within 45 days after the termination of the tenancy, the Landlord must return the security deposit to the Tenant together with simple interest as required by Section 8-203(e)(1) of the Real Property Article of the Maryland Annotated Code per annum less any damages rightfully withheld. Interest will accrue at six (6) month intervals from the day Tenant deposits said security with Landlord, provided said security deposit is $50.00 or more. The foregoing provisions do not apply to any Tenant who has abandoned the Premises or who has been evicted unless such Tenant makes a written demand for the return of the security deposit within 45 days of eviction, ejection or abandonment of the Premises, and provided the Landlord with a forwarding address.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.

 

In accordance with Massachusetts General Law Chapter 186, Section 15B, any security deposit collected must be held in a separate, interest-bearing account. The security deposit will be held in account no. at: , , , . Landlord must pay interest, at the end of each year of the tenancy, if the security deposit is held for one year or longer from the commencement of the tenancy. Landlord must submit to Tenant a separate written statement of the current condition of the Premises, as required by law, and if Tenant disagrees with Landlord's statement of condition, he/she must attach a separate list of any damage existing in the Premises and return the statement to Landlord. Landlord must, within 30 (thirty) days after the end of the tenancy, return to Tenant the security deposit, with interest, less lawful deductions as provided in M.G.L. c. 186, s. 15B. If Landlord deducts for damage to the Premises, Landlord shall provide to Tenant an itemized list of such damage and written evidence indicating the actual or estimated cost of repairs necessary to correct such damage. No amount shall be deducted from the security deposit for any damage which was listed in the separate written statement of present condition or any damage listed in any separate list submitted by Tenant and signed by Landlord or his/her agent. If Landlord transfers Tenant's dwelling unit, Landlord shall transfer the security deposit, with any accrued interest, to Landlord's successor in interest for the benefit of Tenant.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. The balance of the security deposit with interest must be returned to Tenant within 21 days after the termination of this Agreement or the surrender of Premises by Tenant, along with an itemization of any amounts being withheld.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.

 

The Landlord may elect to hold the security deposit in an interest bearing account. Any interest earned is the property of the Landlord. Within (30) days of terminating the Lease, the Landlord must either refund the total amount of the Security Deposit or furnish to Tenant a written itemized list of the damages assessed and the amount of any funds withheld along with the remaining balance payable to the Tenant, if any, as required by Section 535.300 of the Missouri Revised Statutes.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. This deposit is not a substitute for the last month's rent. Rent is due throughout the full term of the lease. According to Oklahoma Law, a Landlord has 45 days from the expiration of the lease to return any amount remaining in the security deposit and Tenant must request return of the security deposit in writing. No interest will be paid or due to the Tenant in regards to the security deposit.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.

 

TRUST ACCOUNT INTEREST: ACCORDING TO THE RULES AND REGULATIONS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION AND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, LANDLORD HAS THE OPTION TO PLACE TENANT'S SECURITY DEPOSIT INTO AN INTEREST BEARING ACCOUNT AND TO RETAIN ALL INTEREST INCURRED IN SAID ACCOUNT. TENANT AGREES TO AND UNDERSTANDS THAT THE TENANT HAS BEEN INFORMED OF TENANT'S RIGHT TO OWNERSHIP OF THE INTEREST BUT RELINQUISHES TO LANDLORD BY THIS WRITTEN AGREEMENT THE RIGHT OF OWNERSHIP.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. Security deposit is more fully described in Tex. Property Code Section 92.102. The Landlord is not required to place the security deposit in an interest bearing account. If the security deposit is placed in an interest bearing account at the Landlord's election, Tenant is not entitled to any interest or income earned. All interest or income earned is the property of the Landlord. The Landlord has 60 days after Tenant vacates the property and provides a forwarding address to return or provide an accounting of the security deposit.

 

NOTICE: Tenant MAY NOT withhold payment of any portion of the last month's rent on the grounds that the security deposit is security for unpaid rent. Tex. Property Code Section 92.108 provides additional information. If there are any bad faith violations on the part of the Tenant in regards to withholding the last month's rent, Tenant may be subject to liability of up to 3 times the amount owed plus any attorney's fees.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of (not to exceed one month's rent) to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. Landlord will retain only that portion of Tenant's security deposit necessary to pay accrued rent or compensate Landlord for damages suffered by reason of Tenant's failure to maintain the Premises. Landlord shall return the security deposit along with a written statement itemizing any deductions to Tenant within 14 days from the date on which the Landlord discovers that the Tenant vacated or abandoned the Premises, or the date the Tenant vacated the Premises, provided the Landlord received notice from the Tenant of that date. In the case of the seasonal occupancy and rental of a Premises not intended as a primary residence, the security deposit and written statement shall be returned within 60 days.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in escrow, a security deposit of to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.

 

(1) To reimburse the landlord for actual damages caused to the Premises by the Tenant which exceed normal wear and tear, or which cannot be corrected by painting and ordinary cleaning; and/or
(2) To pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or abandonment of the rental agreement by the Tenant; and/or
(3) To reimburse the landlord for all reasonable expenses incurred in renovating and rerenting the Premises caused by the premature termination of the rental agreement by the Tenant.
(1) Except under the circumstances outlined in subsection (c) of this section, payment for a surety bond is nonrefundable;
(2) The surety bond is not insurance for the Tenant;
(3) The surety bond is being purchased to protect the landlord against loss due to nonpayment of rent, breach of lease, or damages caused by the Tenant;
(4) The Tenant may be required to reimburse the surety for amounts the surety paid to the landlord for any claim made by the landlord against the surety bond;
(5) Even after a Tenant purchases a surety bond, the Tenant remains responsible for the following:
a. To reimburse the Landlord for actual damages caused to the Premises by the Tenant which exceed normal wear and tear, or which cannot be corrected by painting and ordinary cleaning;
b. To pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or abandonment of the rental agreement by the Tenant; and
c. To reimburse the landlord for all reasonable expenses incurred in renovating and rerenting the Premises caused by the premature termination of the rental agreement by the Tenant, which includes termination pursuant to § 5314 of this title, providing that reimbursement caused by termination pursuant to § 5314 of this title shall not exceed 1 month's rent.
(6) Nothing in this section shall be construed to require the Tenant to pay, as between the landlord and the surety, more than the total amount owed to the landlord under subsection (a) of this section.

 

Amounts Collected:

 

Initial Rent Payment: 

 

Refundable Security Deposit: 

Security Deposit: $0.00
Pet Deposit:
:

 

Non-Refundable Charges:

:

 

BALANCE DUE:

 

. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

 

. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a full-time residential dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.

 

No retail, commercial or professional use of the Premises is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.

 

The failure to abide by the provisions of this section shall constitute a material breach of this Agreement and is a just cause for eviction.

 

. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. The Tenant shall maintain the Premises in a clean and neat condition and at all times comply with an occupant's obligations under Article II of the Massachusetts State Sanitary Code. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

 

. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a full-time residential dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.

 

No retail, commercial or professional use of the Premises is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.

 

The failure to abide by the provisions of this section shall constitute a material breach of this Agreement and is a just cause for eviction.

 

. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

 

. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a full-time residential dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.

 

No retail, commercial or professional use of the Premises is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require that Tenant obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.

 

The failure to abide by the provisions of this section shall constitute a material breach of this Agreement and is a just cause for eviction.

 

. PIPE-FREEZE PREVENTION: If Tenant plans to be away from the Premises for any length of time, the heat must be left on during the cold season and the windows closed to avoid broken pipes and water damage.

 

. OCCUPANTS. No more than person(s) may reside on the Premises unless the prior written consent of the Landlord is obtained.

 

This Lease and occupancy of the Premises is binding, individually and severally, on each person(s) specifically named and who signs this Lease, regardless of the named person's occupancy of the Premises.

 

Authorized Tenants/Occupants:

 

Tenant may have guests on the Premises for not over consecutive days or days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than consecutive days or more than days in any calendar year shall NOT be considered original tenants of the Premises. Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Premises for more than consecutive days or days in a calendar year.

 

. FURNISHINGS. The following furnishings or appliances will be provided by Landlord:

 

 

Tenant shall return all such items at the end of the lease term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.

 

. DAMAGES. Any damages to the following items of property located in or on the Premises will result in a charge to the Tenant as indicated herein:

 

Item Charge

 

 

. RENT INCREASE. The Landlord may increase the monthly rent at or after the expiration of the original term of this lease by providing the Tenant with written notice at least 30 days prior to the next rent due date. The Tenant then has the option to vacate the Premises or to remain at the new rental rate.

 

. PETS. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Premises, even temporarily or with a visiting guest. As required by law, Service Animal(s) are the only exception to this rule. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Premises, even temporarily or with a visiting guest, without prior written consent of Landlord. As required by law, Service Animal(s) are the only exception to this rule. If a pet has been in a Tenant's apartment or allowed into the building, even temporarily (with or without Landlord's permission) Tenant may be charged for cleaning, de-fleaing, deodorizing or shampooing any portion of the building or Premises at the discretion of Landlord.  Tenant is permitted to have pets, subject to the following limitations:

 

Strays shall not be kept or fed in or about the Premises. Strays can be dangerous and Landlord must be notified immediately of any strays in or about the Premises.

 

. KEYS. Tenant will be given key(s) to the Premises and mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged . Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Premises without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately upon installation.

 

. LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged to regain entry.

 

. KEYS. Landlord confirms the Premises is in compliance with the lock and security device requirements outlined in Tex. Property Code, Chapter 92, Subchapter D. Landlord has or will rekey the property within 7 days of the Tenant moving in to the property. Tenant will be given key(s) to the Premises and mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged . Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Premises without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately up installation. Tenant will be responsible for any fees or costs associated with any Tenant requests to rekey the property or replace a security device.

 

. LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged to regain entry.

 

. KEYS. Landlord confirms that all locks, locking devices and deadbolts are in compliance with the Uniform Statewide Building Code and Virginia Code Title 55-248.13.1. Tenant will be given key(s) to the Premises and mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged . Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Premises without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately up installation.

 

. LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged to regain entry.

 

. SMOKING. Smoking is permitted inside the leased Premise and throughout the Property. The Tenant will be liable for any damages caused to the Premises or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property. Smoking is permitted inside the leased Premises. Smoking is authorized only in designated smoking areas specifically identified throughout the Property, including:Smoking is not permitted inside the leased Premises. Smoking is authorized only in designated smoking areas specifically identified throughout the Property, including: Smoking is prohibited in any area in or on the Premises and on the Property, both private and common, whether enclosed or outdoors. This policy applies to all owners, tenants, guests, employees, and servicepersons. The Tenant will be liable for any damages caused to the Premises or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property. Any violation of this policy will be seen as a breach of this contract and Landlord will be entitled to all remedies allowable by law including eviction.

 

. SMOKE DETECTORS. The Landlord is responsible for ensuring the Premises is equipped with smoke detectors in their proper location as required by Tex. Property Code, Chapter 92, Subchapter F. Any requests for additional smoke detectors must be in writing. Tenant may be subject to civil liability for damages and attorney fees under Tex. Property Code § 92.2611 due to damage to the Premises or Property should the Tenant disconnect, intentionally damage the property, or remove the battery without immediately replacing it with a working battery.

 

. SMOKE DETECTORS. It is the responsibility of Tenant to maintain all smoke detection devices, including replacement of any batteries. Tenant shall not tamper with, remove batteries, or otherwise disable any smoke detection devices. Any Tenant failing to comply with the provisions of this paragraph can be fined up to $200.00 in accordance with RCW 43.44.110/WAC 212.10.050. Tenant acknowledges that all smoke detection devices in the Premises are in proper working order as of the date of this Agreement. Failure to maintain the smoke detector is also grounds for termination of tenancy. Additionally, if liability or damages occur because of Tenant's failure to maintain the unit, you may leave yourself open to potential lawsuits and liability (see WAC 212-10-050). Tenant also agrees to test the smoke detector for proper operation once a month and report any malfunctions to Landlord/agent in writing.

 

Tenant(s) Initials: __________ __________

 

 

. WATER-HEATER. Pursuant to RCW 19.27, the state of Washington requires that upon occupancy, the Temperature control in an accessible domestic hot-water heater within a rental dwelling be set no higher than 120 degrees Fahrenheit. Tenant acknowledges that, if accessible, Tenant has inspected the hot-water heater and to the best of Tenant's knowledge does not believe it to be set higher than 120 degrees Fahrenheit.

 

Tenant(s) Initials: __________ __________

 

 

. FLAG. Tenant has the right to display the United States flag in accordance with Nevada Revised Statute 118A.325. Display of the flag means a flag of the United States made of cloth, fabric or paper, displayed from a pole or staff or in a window, and displayed in a manner that is consistent with 4 U.S.C. Chapter 1.

 

. MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in reasonably good repair at all times and perform all repairs reasonably necessary to satisfy any implied warranty of habitability except that Tenant will be responsible for: .

 

Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or its Agent. A repair request will be deemed permission for the Landlord or its Agent to enter the Premises to perform such maintenance or repairs in accordance with ACCESS BY LANDLORD TO PREMISES herein unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlords or Landlord's Agents access or entry. Landlord shall have expectation that the Premises is in a safe and habitable condition upon entry.

 

. MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in reasonably good repair at all times and perform all repairs reasonably necessary to satisfy any implied warranty of habitability except that Tenant will be responsible for: . Landlord will comply with all Landlord's obligations under Article II of the Massachusetts State Sanitary Code. Substantial violations of the State Sanitary Code will constitute grounds for abatement of rent.

 

Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or its Agent. A repair request will be deemed permission for the Landlord or its Agent to enter the Premises to perform such maintenance or repairs in accordance with ACCESS BY LANDLORD TO PREMISES herein unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlords or Landlord's Agents access or entry. Landlord shall have expectation that the Premises is in a safe and habitable condition upon entry.

 

. MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in reasonably good repair at all times and perform all repairs reasonably necessary to satisfy any implied warranty of habitability except that Tenant will be responsible for: . If the Tenant is delinquent in rent at the time of submitting a repair request, Landlord is not obligated to make the repair.

 

Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or its Agent. A repair request will be deemed permission for the Landlord or its Agent to enter the Premises to perform such maintenance or repairs in accordance with ACCESS BY LANDLORD TO PREMISES herein unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlord's or Landlord's Agents access or entry. Landlord shall have an expectation that the Premises is in a safe and habitable condition upon entry.

 

NOTICE: If Landlord fails to make a requested repair that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Texas Property Code, Tenant may be entitled to exercise remedies under Tex. Property Code Section 92.056 and Section 92.0561. Tenant should not exercise the remedies outlined in Tex. Property Code Section 92.056 and 92.0561 without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Tex. Property Code finds 7 days a reasonable period of time for the Landlord to repair a condition unless there are extenuating circumstances which warrant a different period of time is more appropriate. Failure to strictly follow the procedures outlined in the applicable sections of the Tex. Property Code may cause Tenant to be in default of the lease. 

 

. REPAIRS. The Tenant must notify the Landlord of all damages and defects known to or discovered to exist. This notification is for the Landlord's information only. The Landlord is not obligated to repair the damage or defect unless obligated to repair under Washington Residential Landlord-Tenant Act of 1973. Tenant will bear the cost of any cleaning or repair performed by Landlord to restore the Premises to the condition indicated on the attached Inventory and Inspection Checklist, except for wear resulting from ordinary use of the Premises. Tenant is responsible for rent lost by Landlord while performing repairs and/or cleaning because of Tenant's failure to comply with the foregoing. The Inventory and Inspection Checklist will be used to determine the refund of security deposit at the end of this tenancy.

 

. DEDUCTIONS IN RENT. Unless the Landlord has agreed in writing or is required by the Washington Residential Landlord-Tenant Act of 1973, the Tenant cannot offset, reduce or claim a credit in rent for Tenant's actual or imputed costs of labor or materials for repairs, maintenance, alterations, improvements, or other work done to the property; and Landlord is not required to remit payment, compensate or otherwise reimburse the Tenant.

 

. NOTICE: Under Minnesota Law, the Landlord of a single-metered residential building is the bill payer responsible and shall be the customer of record contracting with the utility for utility services.

 

 

. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows:

 

REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for the Premises.Tenant shall pay all real estate taxes and assessments which are assessed against the Premises during the term of this Lease.

 

PERSONAL PROPERTY TAXES. Landlord Tenant shall pay all personal property taxes and any other charges which may be levied against the Premises which are attributable to Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments.

 

. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises.Tenant shall maintain casualty insurance on the Premises in an amount equal to . % of the full replacement value. Landlord shall be named as an insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall have the right to require that the Landlord receive notice of any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property.The Landlord is not responsible for and will not provide fire or casualty insurance for the Tenant's personal property.

 

. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises.Tenant shall maintain casualty insurance on the Premises in an amount equal to . % of the full replacement value. Landlord shall be named as an insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall have the right to require that the Landlord receive notice of any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. TENANT SHALL BE RESPONSIBLE FOR INSURING HIS OWN POSSESSIONS AGAINST FIRE AND OTHER CATASTROPHIES INCLUDING WIND, HAIL, WATER DAMAGES.

 

. LOCAL CODES. The Tenant agrees to comply with all obligations imposed upon tenants through applicable provisions of building and housing codes materially affecting health and safety.

 

. OTHER.  

 

. NON-SUFFICIENT FUNDS. Tenant shall be charged as reimbursement of the expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient funds. In addition, a check returned due to insufficient funds will be subject to any and all Late Payments provisions included in this lease. All charges will be immediately due from Tenant and failure to make immediate payment will constitute a default under the terms of this Lease.

 

Landlord reserves the right to demand future payments by cashier's check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Landlord as a payee of a dishonored check. Landlord and Tenant agree that three returned checks in any twelve month period constitutes frequent return of checks due to insufficient funds and may be considered a just cause for eviction.

 

 

. LATE PAYMENTS. For any payment that is not paid within 30 days after its due date, Tenant shall pay a late fee of .

 

. LATE PAYMENTS. For any payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of . The 5 days includes the date the payment was due. LATE PAYMENTS. For each payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of per day, beginning with the day after the due date. The 5 days includes the date the payment was due. LATE PAYMENTS. For each payment that is not paid within 5 days after its due date, Tenant shall pay a late fee equal to % of the required payment. The 5 days includes the date the payment was due.

 

NOTICE TO TENANT: IF TENANT DOES NOT PAY RENT WITHIN FIVE DAYS OF THE DUE DATE, LANDLORD CAN START TO HAVE TENANT EVICTED AND MAY TERMINATE THE RENTAL AGREEMENT, AS THIS CONSTITUTES WRITTEN NOTICE IN CONSPICUOUS LANGUAGE IN THIS WRITTEN AGREEMENT OF LANDLORD'S INTENTION TO TERMINATE AND PROCEED WITH EVICTION. TENANT WILL RECEIVE NO OTHER WRITTEN NOTICE AS LONG AS TENANT REMAINS IN THIS RENTAL UNIT.

 

. LATE PAYMENTS. For any payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of . The 5 days includes the date the payment was due. At any rate the late fee shall not exceed 10% of the amount of rent past due. LATE PAYMENTS. For each payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of per day, beginning with the day after the due date. The 5 days includes the date the payment was due. At any rate the late fee shall not exceed 10% of the amount of rent past due. LATE PAYMENTS. For each payment that is not paid within 5 days after its due date, Tenant shall pay a late fee equal to % of the required payment. The 5 days includes the date the payment was due. At any rate the late fee shall not exceed 10% of the amount of rent past due.

 

If the Tenant fails to pay rent when due, Landlord may immediately terminate Tenant's right to use and to occupy the Premises, and Landlord will provide Tenant with at least one (3) day written Notice to Vacate. Tenant shall vacate the Premises within the timeframe provided in the Notice to Vacate. As authorized under the Tennessee Residential Landlord and Tenant Act Section 66-28-505(b), Tenant specifically waives Tenant's right to Notice of Nonpayment of Rent by Landlord.

 

If the Tenant fails to pay the rent when due, the Landlord may give the Tenant a 5-day notice to pay the rent or vacate. If the rent remains unpaid at the end of the 5-day notice period, the Landlord may institute eviction proceedings pursuant to law and/or other remedies provided by law including, but not limited to, suit to collect unpaid rent, damages and reasonable attorney's fees. Should the Tenant remit payment after the 5-day period, acceptance of rent payment by Landlord shall not act as a waiver of Landlord's rights and Landlord hereby reserves all rights to receive payment of rent after the five-day notice and proceed in court for possession of the Premises and all other remedies allowed by law.

 

. RETALIATION BY LANDLORD. The Landlord agrees to abide by Ohio Revised Code 5321.02 and not to seek any retaliation against the Tenant for (1) reporting the Landlord to a government agency for a building, health code or other violation; (2) complaining to the Landlord regarding any violation of 5321.04 of the ORS; (3) joining with other tenants for the purpose of negotiating or dealing collectively with the Landlord regarding any term or conditions of this agreement. Should the Landlord violate this term the Tenant can use any of the methods of ORS 5321.04 (B) for recourse.

 

. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within days (or any other obligation within days) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action shall be added to Tenant's financial obligations under this Lease, including reasonable attorneys' fees. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

 

Except as prohibited by applicable law, a landlord may recover actual damages and obtain injunctive relief for noncompliance by the tenant with rental agreement or the obligations of the tenant under Section 35-9A-301 Code of Alabama.

 

. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within days (or any other obligation within days) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action shall be added to Tenant's financial obligations under this Lease. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

 

Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine whether there has been a default of the Lease, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant Act which contains information on defaults and remedies. A copy of the current version of this Act is attached to the Lease.

 

. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within days (or any other obligation within days) Landlord may elect any remedy allowed under Louisiana law, including but not limited to declaring the rent for the whole unexpired term of the lease together with the attorney's fees immediately due and payable, or to proceed one or more times past due installments without prejudicing his right to proceed later for the remaining term of the lease, or to cancel the lease and obtain possession of the Premises.

 

In the event the Tenant breaches the terms of this Lease for any reason, Landlord's remedies may include any of the following:

 

-The Landlord may take possession of the Property by going to court to evict the Tenant. Tenant will be responsible to pay for all of the Landlord's legal fees and reasonable costs included attorney fees.

 

- Landlord may file a lawsuit against the Tenant for rents, damages, and any unpaid charges including charges and rents for the rest of the term of the Lease. Should the Landlord prevail in the lawsuit, Landlord will have the right to garnish Tenant's wages and/or seize Tenant's personal property, motor vehicles and moneys held in bank accounts.

 

-The Landlord may keep the Tenant's Security Deposit which will be applied towards unpaid rent, damages or both.

 

. DEFAULTS. Tenant will be in default of this Agreement if Tenant fails to comply with any material provisions of this Agreement by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation (or any other obligation) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action will be added to Tenant's financial obligations under this Agreement. All sums of money or charges required to be paid by Tenant under this Agreement will be additional rent, whether or not such sums or charges are designated as "additional rent." The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

 

. AUTOMATIC FORFEITURE. Tenant shall be in default of this Lease if Tenant fails to fulfill any Lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within days (or any other obligation within days) after written notice from Landlord, Tenant shall be deemed to have forfeited the Lease, and Landlord shall have the right to initiate eviction proceedings against Tenant without further notice and without prejudicing Landlord's rights to damages. Acceptance by Landlord of previously due rent payments does not constitute waiver of Landlord's rights under this provision.

 

. TENANT RESPONSIBILITY. Tenant is responsible for all nuisance and disturbance on the Premises while under this rental agreement whether committed by the Tenant, family, friends or guests of the Tenant. Tenant should be aware that the Nevada Revised Statute 40.140 definition of a misdemeanor in relation to nuisance applies in all cases of nuisance on the Premises. If the Tenant witnesses any nuisance or violation of building, safety or health code or regulation Tenant should immediately contact the appropriate authorities and the Landlord.

 

. LANDLORD'S RIGHTS. In accordance with ORS 5321.03, the Landlord may bring an action under ORS 1923 for possession of the Premises due to any act or situation outlined in ORS 5321.03 (A).

 

. LANDLORD AND TENANT RESPONSIBILITIES. In addition to any responsibilities described herein, Landlord agrees to remain compliant with all obligations and responsibilities defined by ORS 5321.04. Tenant agrees that in addition to any responsibilities described herein, Tenant will remain compliant with all obligations and responsibilities defined by ORS 5321.05.

 

. LANDLORD AND TENANT RESPONSIBILITIES. In addition to any responsibilities described herein, Landlord agrees to remain compliant with all obligations and responsibilities defined by Kansas Statutes Section 58-2553. Tenant agrees that in addition to any responsibilities described herein, Tenant will remain compliant with all obligations and responsibilities defined by Kansas Statutes Section 58-2555.

 

. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon days' written notice to Tenant that the Premises have been sold.

 

. NOTIFICATION OF TERMINATION. Landlord shall not terminate this Lease except for serious or repeated breach of Tenant's obligations hereunder. In cases of nonpayment of rent, Landlord may terminate the tenancy by a 14-day written notice to vacate. In all other cases, Landlord may terminate the tenancy by a 30-day written notice to vacate. Notwithstanding the foregoing, the Landlord may immediately terminate this Lease for any act or conduct of the Tenant, household member or guest which entitles the Landlord to evict or enjoin the Tenant under Massachusetts General Laws, Chapter 139, Section 19.

 

. MILITARY TERMINATION CLAUSE. In the event the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located; is relieved from active duty, retires or separates from the military; or is ordered into military housing, the Tenant may terminate this lease upon giving thirty (30) days' written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer reflecting the change that warrants termination under this clause. The Tenant will pay prorated rent for any days he or she occupies the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Premises.

 

. EARLY TERMINATION. If the Tenant is evicted for breach of the lease, or leaves the residence before the end of the lease term, the Tenant will be responsible for however many months of rent remain unpaid and also for any damage to the Premises. If the Tenant unjustifiably moves before the lease has expired, the Landlord must make a good faith effort to find a new tenant to rent the Premises. The amount of rent this new tenant pays will then be subtracted from the amount the departing Tenant owes.

 

. MILITARY TERMINATION. In the event the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Property is located; is relieved from active duty, retires or separates from the military; or is ordered into military housing, the Tenant may terminate this lease upon giving thirty (30) days' written notice to the Landlord. The Tenant will also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer reflecting the change that warrants termination under this provision. The Tenant will pay prorated rent for any days he or she occupies the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Property.

 

IF THE TENANT WILLFULLY FAILS TO VACATE THE PREMISES AS PROVIDED FOR IN THIS AGREEMENT, THE LANDLORD SHALL BE ENTITLED TO RECOVER AN AMOUNT EQUAL TO BUT NOT MORE THAN TWO MONTHS PERIODIC RENT OR TWICE THE ACTUAL DAMAGES SUSTAINED BY THE LANDLORD, WHICHEVER IS GREATER, AS PROVIDED FOR IN THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT ("ARLTA"). 

 

. MILITARY TERMINATION CLAUSE. In the event the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located; is relieved from active duty, retires or separates from the military; or is ordered into military housing, the Tenant may terminate this lease upon giving thirty (30) days' written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer reflecting the change that warrants termination under this clause. The Tenant will pay prorated rent for any days he or she occupies the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Premises.

 

. MILITARY TERMINATION CLAUSE. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section 83.682, Florida Statutes, the provisions of which can be found in the attachment to this Lease.

 

Tenant may not be responsible for early termination fees if the lease is terminated due to military orders as more fully described in Tex. Property Code Section 92.017 and MILITARY TERMINATION CLAUSE herein, family violence as more fully described in Tex. Property Code Section 92.016 or sex offenses as more fully described Tex. Property Code Section 92.0161.

 

. MILITARY TERMINATION CLAUSE. In the event the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located; is relieved from active duty, retires or separates from the military; or is ordered into military housing, the Tenant may terminate this lease upon giving thirty (30) days' written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer reflecting the change that warrants termination under this clause. The Tenant will pay prorated rent for any days he or she occupies the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Premises.

 

. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than , Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days, or if the cost of repair is or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, or if the property is condemned, this Lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord immediate notice of any damage to the Premises.

 

. PERSONAL PROPERTY REMAINING ON PREMISES. It is Tenant's responsibility to remove all personal property items at the time of vacating the Premises. Any items remaining on the Premises may be disposed of in the trash or landfill, donated to charitable organizations, or stored and/or sold in accordance with Tex. Property Code Section 54.045(b)-(e) by the Landlord as follows without Tenant's consent. Tenant is required to reimburse Landlord for any expenses or reasonable costs associated with packing, removing, storing, and/or selling the personal property left on the Premises after the property was surrendered.

 

. PERSONAL PROPERTY REMAINING ON PREMISES. It is Tenant's responsibility to remove all personal property items at the time of vacating the Premises. In accordance with Wisconsin Statutes 704.05 (5), if a tenant removes from or is evicted from the Premises and leaves personal property, the landlord may presume, in the absence of a written agreement between the landlord and the tenant to the contrary, that the tenant has abandoned the personal property and may, subject to Wisconsin Statutes 799.45(3m), dispose of the abandoned personal property in any manner that the landlord, in its sole discretion, determines is appropriate. If the landlord disposes of the property by private or public sale, the landlord may send the proceeds of the sale minus any costs of sale and any storage charges if the landlord has first stored the personalty to the department of administration for deposit in the appropriation under Wisconsin Statutes 20.505(7)(h).In accordance with RCW 59.18.310, it is Tenant's responsibility to remove all personal property items at the time of vacating the Premises. In the event of such abandonment of tenancy and an accompanying default in the payment of rent by the tenant, the landlord may immediately enter and take possession of any property of the tenant found on the Premises and may store the same in any reasonably secure place. A landlord shall make reasonable efforts to provide the tenant with a notice containing the name and address of the landlord and the place where the property is stored and informing the tenant that a sale or disposition of the property shall take place pursuant to this section, and the date of the sale or disposal, and further informing the tenant of the right under RCW 59.18.230 to have the property returned prior to its sale or disposal.

 

. INSPECTION OF PREMISES. Tenant has inspected the Premises, furnishings and equipment including smoke detectors, where applicable, and finds the Premises to be satisfactory and in good working order, except as otherwise indicated on the Inventory and Inspection Checklist (attach form as required by RCW 59.18.260).

 

. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord.

 

. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to % of the most recent payment amount. the most recent rate preceding the Holdover Period. Such holdover shall constitute a month-to-month extension of this Lease.

 

. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.

 

. REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall be allowed to conduct construction or remodeling (at Tenant's expense) only with the prior written consent of the Landlord which shall not be unreasonably withheld. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) any such fixtures, and shall restore the Premises to substantially the same condition that existed at the commencement of this Lease.

 

. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. Landlord will provide reasonable notice of its intention to enter the Premises. If Tenant has, after written notice to cease, continued to deny Landlord access to the unit, as required by State law, such failure is a substantial breach of this agreement and is a just cause for eviction. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants.

 

. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or Agent from any and all liability for loss or damage to Tenant's property or effects whether in the Premises, garage, storerooms or any other location in or about the Premiseswith respect to common areas of the dwelling unit, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theftfire, theft, or breakage, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or Agents.

 

. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or Agent from any and all liability for loss or damage to Tenant's property or effects whether in the Premises, garage, storerooms or any other location in or about the Premises, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or Agents.

 

. PROHIBITED ACTS BY LANDLORD. Landlord is prohibited from taking certain actions as described in Section 83.67, Florida Statutes, the provisions of which can be found in the attachment to this Lease.

 

. ACCOMMODATION. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenant's responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability.

 

. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.

 

. RADON GAS. 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 that exceed federal and state guidelines have been found in buildings in . Additional information regarding radon and radon testing may be obtained from your county health department.

 

. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

 

. NOTICE OF PROHIBITION AGAINST UNLAWFUL ACTIVITIES. Landlord and Tenant will not allow any of the following on the property:

 

- Controlled substances in the Premises or in the common areas. The Tenant and visitors of Tenant or those under Tenant's control will not manufacture, sell, give away, barter, deliver, exchange, distribute or possess with the intent to sell, give away, barter, deliver, exchange, or distribute a controlled substance in violation of any local, state, or federal law.
- Prostitution or Prostitution related activities as defined in Minnesota Statutes Section 617.80, Subdivision 4, to occur on the Premises or in the common area of the Premises.
- Unlawful use or possession of a firearm in violation of Minnesota Statute 609.66, Subdivision 1a Section 609.67, or Section 624.713 on the property, its lands, or common area.

 

THIS NOTICE IS INCLUDED AS REQUIRED BY Minnesota Statutes 504B.305. A seizure under section 609.5317, subdivision 1, for which there is not a defense under section 609.5317, subdivision 3, constitutes unlawful detention by the tenant.

 

. MECHANICS LIENS. Neither Tenant nor anyone claiming through the Tenant shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Premises free of all liens resulting from construction done by or for the Tenant.

 

. RESIDENTIAL LANDLORD'S LIEN. Landlord will have a lien for unpaid rent against all of Tenant's nonexempt personal property. Landlord may seize any nonexempt personal property if the Tenant fails to pay rent. Landlord and Tenant's rights under the Landlord's Lien are described in Tex. Property Code, Chapter 54, Subchapter C. Tenant is required to reimburse Landlord for any expenses or reasonable costs associated with packing, removing, storing, and/or selling the nonexempt personal property. Landlord may sell or dispose of the property in accordance with the guidelines set forth in Tex. Property Code, Section 54.045.

 

. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises.

 

 

. TENANT'S PERSONAL PROPERTY. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY FLORIDA STATUTES CHAPTER 83, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

 

. FLOODING NOTICE. Landlord hereby notifies Tenant as follows that some portion or all of the living space or attachment thereto on the Premises has not flooded at least three times within the last five years immediately preceding the execution of this Lease. Flooding is defined as the inundation of a portion of the living space caused by an increased water level in an established water source such as a river, stream, or drainage ditch, or as a ponding of water at or near the point where heavy or excessive rain fell.

 

. FLOOD AND FIRE NOTICE. Pursuant to Title 41 of the Oklahoma Statute, 113a, Landlord does hereby give notice to Tenant if the leased Premises has within the last five (5) years been subject to temporary flooding according to the description set forth in Para. B, Sec. 1 of the above referenced statute, and that Landlord shall not be liable for any personal injury or property damage to the Tenant or to any occupant of the leased property, irrespective of how such injury or damage may be caused. THIS PREMISES HAS NOT FLOODED IN THE LAST 5 YEARS TO LANDLORD'S KNOWLEDGE.  

 

. FLOOD NOTICE. Landlord hereby notifies the Tenant that the Premises or Property falls in the flood plain as defined by the National Flood Insurance Program of the Federal Emergency Management Agency.

 

. METHAMPHETAMINES. To the best of Landlord's knowledge methamphetamines have not been manufactured, used or stored in the Premises. This serves as notice to the Tenant that Landlord has knowledge of prior methamphetamine use, manufacturing, or storage inside the Premises. All necessary steps have been taken to restore the Premises.

 

. NOTICE OF DOMESTIC ABUSE PROTECTIONS.

 

(1) As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:

 

(a) A person who was not the tenant's invited guest.

 

(b) A person who was the tenant's invited guest, but the tenant has done either of the following:

 

- Sought an injunction barring the person from the Premises.

 

- Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.

 

(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.

 

(3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.

 

. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

 

LANDLORD:

 

,   

 

TENANT:

 

,  

 

Such addresses may be changed from time to time by either party by providing notice as set forth above.

 

. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of .

 

. ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

 

. SEVERABILITY; WAIVER. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.

 

. TIME OF ESSENCE. Time is of the essence with respect to the execution of this Lease.

 

. ESTOPPEL CERTIFICATE. Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within 3 days after its receipt. Failure to comply with this requirement shall be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.

 

. TENANT REPRESENTATION; CREDIT. Tenant represents and warrants that all statements in Tenant's rental application are accurate. Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord may cancel this Lease (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenant's application is false.

 

. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

 

. MEGAN'S LAW. The Tenant and Landlord agree that the Tenant has the sole responsibility to obtain any and all information contained in the Alabama Sex Offender Registry. The Tenant understands that Sex Offender Registry information may be obtained from the local sheriff's department or other appropriate law enforcement officials.

 

. RESPONSIBILITY IN SIGNING. All persons signing this Agreement as Tenants do so as principals. Each individual is both jointly and severally liable for the Tenant's obligations defined throughout this Lease. Landlord may enforce this agreement against any or all of the persons signing this Lease as Tenants at his or her election. The Landlord is not bound by any agreement between the Tenants on how costs or obligations are divided and Landlord may seek to collect any costs or obligations owed from any Tenant signing this Lease.

 

. SIGNATURES. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Lease, a document signed and/or transmitted by any electronic form deemed valid in accordance with the Missouri Uniform Electronic Transactions Act, including but not limited to by facsimile machine, digital signature or a scanned image, such as a pdf via e-mail, is to be treated as an original signature and document.

 

. ATTORNEY'S FEES AND LITIGATION. Should legal action be required due to a breach of this lease, the prevailing party may be entitled to reasonable attorney's fees should attorney's fees be included in the award ordered by the court.

 

. ATTORNEY'S FEES AND LITIGATION. Should legal action be required due to a breach of this lease, the prevailing party may be entitled to reasonable attorney's fees should attorney's fees be included in the award ordered by the court.

 

. ATTORNEY'S FEES AND LITIGATION. Should legal action be required due to a breach of this lease, the prevailing party shall be entitled to reasonable attorney's fees in addition to any amount awarded by the court for damages and court costs.

 

. VIRGINIA RESIDENTIAL LANDLORD AND TENANT ACT. Both parties hereby agree to be governed by the terms of the Virginia Residential Landlord and Tenant Act, as amended from time to time.

 

Each person who signs it acknowledges, by their signature, that they have read it, understand it, and voluntarily agree to it. Further, each person is mentally competent and 18 years or older. 

 

. TENANT ACKNOWLEDGMENT. By signing below, Tenant acknowledges that; (i) A free copy of the Arizona Residential Landlord and Tenant Act is available through the Arizona Department of Housing Website; (ii) The Landlord shall furnish upon move-in a move-in form for specifying any existing damages to the Premises and Tenant shall return the completed move-in form to Landlord within five (5) days or three (3) days of occupancy or Tenant shall accept the Premises in its existing condition; (iii) The Tenant is hereby notified that Tenant is entitled to be present at the move-out inspection; (iv) Tenant understands and agrees to the terms and conditions of this Agreement and any other requirements imposed by the ARLTA and acknowledges receipt of a copy of the entire Lease Agreement and any attachments or addenda thereto.

 

INDEMNITY AND RELEASE: PURSUANT TO A.R.S. 33-1368(G), THE PARTIES TO THIS AGREEMENT AGREE TO INDEMNIFY AND HOLD HARMLESS BROKERS, PROPERTY MANAGERS, AND ANY OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES OR EMPLOYEES FROM ANY LOSS, CLAIM LIABILITY OR EXPENSE ARISING FROM INJURY TO ANY PERSON OR DAMAGE TO OR LOSS OF ANY PROPERTY, IN ANY WAY CAUSED BY THE PARTIES AND TENANT'S FAMILY, GUESTS, INVITEES, AGENTS, PETS OR OTHERS UNDER THEIR CONTROL.

 

 

. IMPORTANT NOTICE. State law establishes rights and obligations for parties to rental agreements. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person in your state. Contact your local county real estate board for additional forms that may be required to meet your specific needs.

 

. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

 

 

LANDLORD:

 

 

 

By:   Date:  

,

By:   Date:  

 

TENANT:

 

 

 

By:   Date:  

 

 

WITNESS:

 

 

 

 

____________________________________________________

Dated: _____________________________

 

 

WITNESS:

 

 

 

 

____________________________________________________

Dated: _____________________________

 

 

 

LANDLORD:

 

 

 

 

____________________________________________________

,

Dated: _____________________________

 

 

STATE OF WASHINGTON )
) ss.
COUNTY OF )

 

ACKNOWLEDGMENT

 

I certify that on_____________ ___, 20__ the above named Landlord, , who is either personally known to me or who produced satisfactory evidence of identity as the same person referred to in the foregoing instrument, personally came before me and acknowledged that he or she signed the foregoing instrument as his or her free and voluntary act, for the uses and purposes mentioned in the instrument.

 

 

_______________________________________________

Notary Public for the State of Washington

Printed name (if not clear from seal): ________________________________

City of residence: ____________________________

My commission expires (if not clear from seal): ______________________

 

STATE OF WASHINGTON )
) ss.
COUNTY OF )

 

 

TENANT:

 

 

 

 

____________________________________________________

Dated: _____________________________

 

STATE OF WASHINGTON )
) ss.
COUNTY OF )

 

ACKNOWLEDGMENT

 

I certify that on_____________ ___, 20__ the above named Tenant, , who is either personally known to me or who produced satisfactory evidence of identity as the same person referred to in the foregoing instrument, personally came before me and acknowledged that he or she signed the foregoing instrument as his or her free and voluntary act, for the uses and purposes mentioned in the instrument.

 

 

_______________________________________________

Notary Public for the State of Washington

Printed name (if not clear from seal): ________________________________

City of residence: ____________________________

My commission expires (if not clear from seal): ______________________

 

 

Energy Efficiency Disclosure Form for Rental Units in Maine

 

Address of Rental Unit: , ,  

This rental unit ___ meets/___ does not meet/___partially meets (check one) 

the minimum energy efficiency guidelines suggested below for rental units in Maine.

 

You can expect your energy bills to be lower if your dwelling is insulated and has efficient appliances. There are several factors that affect energy costs. The areas below are the most important ones and indicate where this dwelling exceeds, meets, or falls below minimum efficiency guidelines suggested for Maine. The bold items below are suggested minimum guidelines.

Heating Systems

Space Heat

Tested heating system efficiency (minimum: 82%) ____% ___ unknown Test date: _______
Exposed pipes or ducts in unheated crawl space insulated? ___ yes ___ no
Heating fuels: ___ oil ___ natural gas ___ propane ___ kerosene ___ wood ___ electric ___ other

Water Heat

Accessible domestic hot water pipes insulated? ___ yes ___ no
Fuels: ___ oil ___ natural gas ___ propane ___ solar ___ electric ___ other

Insulation

Walls

Insulated? (minimum: cavity filled) ___ filled ___ partially filled ___ no insulation ___ unknown
Insulation thickness: ___ less than 3" ___ 3-6" ___ more than 6"

Ceiling 

Insulated? (minimum: R-38 or cavity filled) ___ filled ___ partially filled ___ no insulation ___ unknown
Insulation thickness: ___ inches or R-____

Floors over unheated areas

Insulated? (minimum: R-21 or cavity filled) ___ filled ___ partially filled ___ no insulation ___ unknown

Basement wall

Insulated? (minimum: 2' below grade) ___ yes ___ no ___ unknown

Windows and Doors

Windows (minimum: 2 panes of glass) ___ single pane ___ single + storm ___ double (DG) ___ DG + low-e

___ (DG + low-e + argon gas) ___ triple or better

Doors (minimum: insulated or with storm) ___ insulated ___ storm ___ insulated + storm ___ neither

Appliances

Refrigerator (minimum: post-1995) ___ yes ___ no ___ unknown ___ Energy Star rated

Gas stove (suggested electronic ignition) ___ electronic ignition ___ pilot light ___ no gas stove

 

You have the right to obtain a 12-month history of electricity used by this rental unit by calling your local electric company. If this unit uses natural gas, you have the right to obtain a 12-month history of natural gas used by the unit by calling your local natural gas company.

For further information about energy efficiency, contact Efficiency Maine, 1-866-376-2463

 

Signatures: Landlord: _______________ Tenant: _________________ Date: _______

This information is accurate to the best of the landlord's knowledge.

Other comments about the unit's efficiency: _______________________________________________

 

Available on the Maine Public Utilities Commission or Maine State Housing Authority

web pages (https://www.maine.gov/mpuc/online/forms/EnergyEfficiencyDisclosure.html)

May 12, 2006 Page 1 of 2

 

Guidelines and Explanation of Terms

 

Tested heating system efficiency (minimum 82%): This is the combustion efficiency test typically performed by a heating technician when servicing and cleaning the burner.

 

Floors over unheated areas: Examples are an enclosed porch or a crawlspace. Doesn't refer to a basement.

 

Basement wall: Basements in many new buildings are insulated all the way to the floor or footings (full height). Older buildings may have poor soil drainage, e.g. a wet basement. To avoid potential foundation damage from damp soils freezing and expanding, it is generally considered safe to insulate to 1'-2' below ground level. This still saves considerable energy.

 

Windows: Sealed double glazing sometimes has gas fill such as argon or krypton. Low-e storm windows are also available. Either exceeds the basic single glass + storm.

 

Doors: A solid wood door is only a bit more insulating than a single pane of glass. Adding a storm door cuts heat loss in half. An insulated door can equal almost 10 panes of glass.

 

Refrigerator: Refrigerators made before 1995 have the make and model information on a metal plate inside, usually on the door. From 1995 on, the information is on a sheet of metal foil.

 

Gas stove: According to the U.S. Department of Energy, piloted gas burners can use more than twice the energy used by electric ignition gas burners.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Available on the Maine Public Utilities Commission or Maine State Housing Authority

web pages (https://www.maine.gov/mpuc/online/forms/EnergyEfficiencyDisclosure.html)

May 12, 2006 Page 2 of 2

 

RECEIPT

 

By Signing above Landlord hereby acknowledges receipt and Tenant acknowledges the payment of the following:

 

Security Deposit:

 

:

 

Total Collected:  

 

RESIDENTIAL LEASE

 

 

This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between  (the "Landlord") and the following tenants:

 

 

(the "Tenant")

 

Subject to the terms and conditions stated below the parties agree as follows:

 

 

. PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the following: (the "Premises") located at , ,  . No other portion of the building (hereinafter, the Building), wherein the Premises is located is included unless expressly provided for in this Agreement.

 

. TERM. The lease term will begin on ("Commencement Date") and will terminate on .and shall continue as a month-to-month tenancy. Tenant may terminate the tenancy by giving Landlord written notice of at least 30 days prior to the desired termination date. Landlord may terminate the tenancy by giving written notice as provided by law.

 

. RENT; LEASE PAYMENTS. "Rent" shall mean all monetary obligations of Tenant to Landlord under the terms of this Agreement, except the Security Deposit.

 

(a) Tenant shall pay to Landlord initial monthly base lease payments of , payable in advance on the day of each calendar month, and is delinquent on the next day. initial base lease payments of , payable in advance on the day of each , and is delinquent on the next day. Lease payments shall be made to Landlord at the address of Landlord noted in the Notices provision of this Lease which may be changed from time to time by Landlord. If the Commencement Date of the Lease falls on any day other than the day Rent is payable under this provision, and Tenant has paid one full month's Rent in advance of the Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period.

 

(b) Rent shall be paid by the following method(s):

 

 

If any payment is returned for non-sufficient funds or because Tenant stops payments, then, after that, (i) Landlord may, in writing, require Tenant to pay Rent in cash for three months and (ii) all future Rent shall be paid by cashier's check or money order.

 

In the event of roommates, or another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due date state herein. Mailed lease payments must be received on or before the due date. Lease payments for any partial month will be pro-rated at the rate of 1/30th of the monthly lease payment per day.

 

Landlord may apply any payment made by Tenant to any obligation owed by Tenant to Landlord regardless of any dates or directions provided by the Tenant that accompanies a payment. Any Landlord has full discretion to accept or reject payments from or written by third parties. Landlord's acceptance of a payment by a third party does not override the previous statement and Landlord will continue to have full discretion to accept or reject payments submitted or written by third parties. Monthly lease payments received in prior months to which the payment is due will be held by the Landlord uncashed in a secured location and deposited on the first of the month.

 

. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord security deposit of (the Security Deposit) for the purpose set forth in Civil Code Section 1950.5. No trust relationship between Landlord and Tenant is created because of the Security Deposit and Landlord has full authority to commingle the Security Deposit with other funds of Landlord.

 

Landlord may apply all or a portion of the Security Deposit as allowed by law including, but not limited to, (i) Tenant's obligation to restore, replace or return personal property, (ii) cure Tenant's default in payment of Rent (including late charges, non-sufficient funds or other amount due), (iii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant, and (iv) clean the Premises, if necessary, upon termination of the tenancy. Landlord shall, within the time period allotted by law, refund any balance after such deductions to Tenant after Tenant has vacated the Premises. For the purposes of this paragraph Tenant will have vacated the Premises when Tenant returns all keys (and garage door openers) to Landlord and has surrendered the Premises. If required by law, Landlord shall pay to Tenant simple interest as directed by law on the amount held as a Security Deposit, so long as tenancy meets or exceeds one year. Payment shall be made by Landlord once a year. At the end of the Lease Landlord may use any unpaid accrued interest to cover any amounts owing my Tenant including but not limited to restoration, repair, cleaning or other amounts owing.

 

The balance of the Security Deposit and any unpaid accrued interest, if any, along with full accounting will be mailed to the Tenant at forwarding address provided to the Landlord. If no forwarding address is provided, Landlord will mail to the Premises. Landlord's check may be made to all Tenants regardless of Landlord's knowledge of which Tenant submitted the original Security Deposit. Tenant may NOT apply any portion of the Security Deposit to the last month's rent. If any portion of the Security Deposit is applied by Landlord to any obligations of Tenant at any time during the tenancy Tenant must, upon 5 days written notice, reinstate the Security Deposit to its full original amount.

 

Landlord may increase the security deposit at any time without notice up to the maximum allowed by law. Landlord and Tenant agree that the Security Deposit is not rent and therefore not subject to the Rent Ordinance.

 

Upon the vacating of the Premises for termination of the lease, Landlord shall have twenty-one (21) days to return the security deposit to Tenant, minus any deductions for damages or other charges, together with an itemized list of any such deductions.

 

. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

 

. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a full-time residential dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.

 

No retail, commercial or professional use of the Premises is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.

 

. SMOKING. Smoking is permitted inside the leased Premise and throughout the Property. The Tenant will be liable for any damages caused to the Premises or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property. Smoking is permitted inside the leased Premises. Smoking is authorized only in designated smoking areas specifically identified throughout the Property, including:Smoking is not permitted inside the leased Premises. Smoking is authorized only in designated smoking areas specifically identified throughout the Property, including: Smoking is prohibited in any area in or on the Premises and on the Property, both private and common, whether enclosed or outdoors. This policy applies to all owners, tenants, guests, employees, and servicepersons. The Tenant will be liable for any damages caused to the Premises or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property. Any violation of this policy will be seen as a breach of this contract and Landlord will be entitled to all remedies allowable by law including eviction.

 

Notwithstanding any law to the contrary, the growing, cultivation, sale, or use in any form, of marijuana, for any purpose, is not permitted in or about the Premises, at any time, by Tenant, or Tenant's guests, invitees or friends.

 

The failure to abide by the provisions of this section shall constitute a material breach of this Agreement and is a just cause for eviction.

 

. MANAGEMENT. The Tenant is hereby notified that is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact at , ,  , , . is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact at , ,  , , . is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact at , ,  , , . is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact at , ,  , , .

 

. OCCUPANTS. No more than person(s) may reside on the Premises unless the prior written consent of the Landlord is obtained.

 

This Lease and occupancy of the Premises is binding, individually and severally, on each person(s) specifically named and who signs this Lease, regardless of the named person's occupancy of the Premises.

 

Authorized Tenants/Occupants:

 

Tenant may have guests on the Premises for not over consecutive days or days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than consecutive days or more than days in any calendar year shall NOT be considered original tenants of the Premises. Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Premises for more than consecutive days or days in a calendar year.

 

. FURNISHINGS. The following furnishings or appliances will be provided by Landlord:

 

 

Tenant shall return all such items at the end of the lease term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.

 

. WATERBEDS. Waterbeds and/or liquid filled furniture are PROHIBITED in accordance with Civil Code Section 1940.5. If the Premises are located in a structure with an original Certificate of Occupancy issued after January 1, 1973 then such furniture may be permitted only upon written consent of Landlord, upon the completion of a Waterbed Agreement which shall become part of this Agreement and subject to continued compliance by Tenant of all provisions therein.

 

. DAMAGES. Any damages to the following items of property located in or on the Premises will result in a charge to the Tenant as indicated herein:

 

Item Charge

 

 

. PETS. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Premises, even temporarily or with a visiting guest. As required by law, Service Animal(s) are the only exception to this rule. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Premises, even temporarily or with a visiting guest, without prior written consent of Landlord. As required by law, Service Animal(s) are the only exception to this rule. If a pet has been in a Tenant's apartment or allowed into the building, even temporarily (with or without Landlord's permission) Tenant may be charged for cleaning, de-fleaing, deodorizing or shampooing any portion of the building or Premises at the discretion of Landlord. Tenant is permitted to have pets, subject to the following limitations:

 

Strays shall not be kept or fed in or about the Premises. Strays can be dangerous and Landlord must be notified immediately of any strays in or about the Premises.

 

. KEYS. Tenant will be given key(s) to the Premises and mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged . Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Premises without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately up installation.

 

. LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged to regain entry.

 

. STORAGE. During the term of this Lease, tenant shall be entitled to store items of personal property in . Landlord shall not be liable for loss of, or damage to, such stored items. The right to storage space is is not included in the Rent charged pursuant to "Rent; Lease Payments." The storage space fee shall be an additional per month. Tenant shall store only personal property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances. No additional storage space outside the Premises is provided or authorized by this Lease. Tenant shall not store any property in any area outside of the rented Premises at any time.

 

. ROOF/FIRE ESCAPES. Use of the roof and/or the fire escapes by Tenants and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property.

 

 

. MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in reasonably good repair at all times and perform all repairs reasonably necessary to satisfy any implied warranty of habitability except that Tenant will be responsible for: .

 

Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or its Agent. A repair request will be deemed permission for the Landlord or its Agent to enter the Premises to perform such maintenance or repairs in accordance with Civil Code Section 1954 and ACCESS BY LANDLORD TO PREMISES herein unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlords or Landlord's Agents access or entry. Landlord shall have expectation that the Premises is in a safe and habitable condition upon entry.

 

Tenant acknowledges that the Premises and the building from time to time may require renovations or repairs to keep them in good condition and repair and that such work may result in temporary loss of use of portions of the building or Premises and may inconvenience Tenant. Tenant agrees that any such loss shall not constitute a reduction in housing services or otherwise warrant a reduction in rent. Further, subject to local law, Tenant agrees, upon demand of Landlord, to temporarily vacate the Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to the Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine and removal of perishables and valuables. Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate Premises.

 

Tenant further agrees to cooperate in any efforts undertaken by Landlord to rid the Building and the Premises of pests of any kind. Failure of Tenant to cooperate may be deemed an obstruction of the free use of property so as to interfere with the comfortable enjoyment of life or property thereby constituting a nuisance.

 

Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings, and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary, and well ventilated. Tenant shall be responsible for checking and maintaining all smoke detectors. Tenant shall immediately notify Landlord, in writing, of any problem, malfunction, or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests, licensees or invitees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.

 

Landlord shall not be liable to Tenant or to any other person in damages or otherwise, nor shall it be considered a default under this Lease for any interruption or reduction of utilities or services caused by someone other than Landlord, or by Landlord due to circumstances beyond Landlord's reasonable control.

 

. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows:

 

REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for the Premises.Tenant shall pay all real estate taxes and assessments which are assessed against the Premises during the term of this Lease.

 

PERSONAL PROPERTY TAXES. Landlord Tenant shall pay all personal property taxes and any other charges which may be levied against the Premises which are attributable to Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments.

 

. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises.Tenant shall maintain casualty insurance on the Premises in an amount equal to . % of the full replacement value. Landlord shall be named as an insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall have the right to require that the Landlord receive notice of any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property.

 

. OTHER.  

 

. NON-SUFFICIENT FUNDS. Tenant will be charged a monetary fee of $25.00 as reimbursement of the expenses incurred by Landlord for the first check that is returned to Landlord for lack of sufficient funds and $35.00 for each subsequent check returned for lack of sufficient funds. This paragraph is in accordance with California Civil Code § 1719.

 

Landlord reserves the right to demand future rent payments by cashier's check, money order or certified funds in the event a check is returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Landlord as a payee of a dishonored check. Landlord and Tenant agree that three (3) returned checks in any 12 month period constitutes frequent return of checks due to insufficient funds and may be considered a just cause for eviction.

 

. LATE PAYMENTS. Tenant and Landlord agree that Landlord will incur costs and damage as a result of any late payment of lease payments. Due to the difficulty involved in assessing the exact amount of damages, Tenant and Landlord agree to the following set late fee. For any payment that is not paid within days after its due date, Tenant shall pay a late fee of .Tenant and Landlord agree that Landlord will incur costs and damage as a result of any late payment of lease payments. Due to the difficulty involved in assessing the exact amount of damages, Tenant and Landlord agree to the following set late fee as a fair and reasonable estimate of the cost and damages that Landlord incurs due to late payment. For each payment that is not paid within days after its due date, Tenant shall pay a late fee of per day, beginning with the day after the due date.Tenant and Landlord agree that Landlord will incur costs and damage as a result of any late payment of lease payments. Due to the difficulty involved in assessing the exact amount of damages, Tenant and Landlord agree to the following set late fee. For each payment that is not paid within days after its due date, Tenant shall pay a late fee equal to % of the required payment.

 

This provision for payment of a late charge does not constitute a grace period and Landlord may serve a 3-Day Notice to Pay Rent or Quit on the day after due. Landlord and Tenant agree Tenant's payment of lease payments five days or more after due on at least three separate occasions within any twelve month period constitutes habitual late payment of lease payments and may be considered a just cause for eviction. Payment of the late charge does not remedy the late payment for purposes of establishing habitual late payment of rent.

 

. FAILURE TO PAY. Pursuant to Civil Code Section 1785.26, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations, such as your financial obligations under the terms of this Agreement.

 

. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within days (or any other obligation within days) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action shall be added to Tenant's financial obligations under this Lease. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

 

. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon days' written notice to Tenant that the Premises have been sold.

 

. MILITARY TERMINATION CLAUSE. In the event the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located; is relieved from active duty, retires or separates from the military; or is ordered into military housing, the Tenant may terminate this lease upon giving thirty (30) days; written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer reflecting the change that warrants termination under this clause. The Tenant will pay prorated rent for any days he or she occupies the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Premises.

 

. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than , Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days, or if the cost of repair is or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, or if the property is condemned, this Lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord immediate notice of any damage to the Premises.

 

. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord.

 

. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to % of the most recent payment amount.the most recent payment amount.

 

. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.

 

. REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall be allowed to conduct construction or remodeling (at Tenant's expense) only with the prior written consent of the Landlord which shall not be unreasonably withheld. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) any such fixtures, and shall restore the Premises to substantially the same condition that existed at the commencement of this Lease.

 

Upon prior written consent of Landlord, Tenant may install satellite dishes within the Premises. If allowed, the Satellite Dish must be installed WITHIN the exterior boundaries of the Premises or inside balcony railings or window. The Satellite Dish must be mounted so as to not be visible from the street or in any other way negatively impact the outward appearance of the building.

 

The Satellite Dish must be securely and properly mounted in a workman-like manner by a licensed contractor. Installation and maintenance of the Satellite Dish must not damage the Premises or its walls in any way. The Tenant remains strictly liable for any injury or damage to persons or property caused by the satellite dish and Tenant MUST maintain sufficient liability coverage against any such injury or damage. Proof of such insurance MUST BE provided to Landlord, with Landlord listed as an additional insured, prior to approval of installation and upon each renewal of coverage.

 

. ACCESS BY LANDLORD TO PREMISES. Landlord shall have the right to enter the Premises pursuant to California Civil Code Section 1954 and to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. Landlord will provide reasonable notice of its intention to enter the Premises. If Tenant has, after written notice to cease, continued to deny Landlord access to the unit, as required by State law, such failure is a substantial breach of this agreement and is a just cause for eviction. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants.

 

. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or Agent from any and all liability for loss or damage to Tenant's property or effects whether in the Premises, garage, storerooms or any other location in or about the Premises, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or Agents.

 

. ACCOMMODATION. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenant's responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability.

 

. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.

 

. ASBESTOS.  The Premises may contain asbestos or have original construction materials that contain asbestos. The Premises contains asbestos in the following known locations:

 

Damaging or disturbing the surface of asbestos-containing materials may increase the risk of exposure. Therefore, Tenant and Tenant's guests, contractors or invitees shall not allow any action which may, in any way, disturb asbestos-containing materials or any part of the Premises that may contain asbestos or asbestos-containing materials. Tenant shall notify Landlord immediately if Tenant knows or suspects that an asbestos-containing material has been disturbed or if Tenant becomes aware of any asbestos-containing material that is showing signs of deterioration.

 

. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

 

. MECHANICS LIENS. Neither Tenant nor anyone claiming through the Tenant shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Premises free of all liens resulting from construction done by or for the Tenant.

 

. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises.

 

 

. INDIVIDUAL LIABILITY. Each person who signs this agreement, whether or not said person is or remains in possession of the Premises, is jointly and severally responsible for the full performance of each and every obligation of this agreement, including, but not limited to, the payment of all rent due and the payment of costs to remedy damages to the Premises regardless of whether such damages were caused by Tenant, Tenant's Guests or Invitees.

 

. INSPECTION OF PREMISES. Tenant has inspected the Premises, furnishings and equipment including smoke detectors, where applicable, and finds the Premises to be satisfactory and in good working order. All plumbing, heating and electrical systems are operative and deemed satisfactory by Tenant if Landlord is not notified in writing to the contrary within 48 hours of occupancy of the Premises.

 

. NUISANCE. Tenant agrees not to commit, nor permit to be committed, any waste or nuisance, upon in or about the Premises, nor shall Tenant create or permit a substantial interference with the comfort, safety, or enjoyment of Landlord and other occupants of the property or their Agents, guests and/or invitees. Waste, nuisance, and substantial interference are substantial violations of a material term of the tenancy and constitute just cause for eviction.

 

. LEAD DISCLOSURE. Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards if not taken care of properly. The law requires that tenants and lessees receive certain information before renting pre-1978 housing. By signing this Lease, Tenant represents and agrees that Landlord has provided Tenant with such information, including, but not limited to the EPA Booklet Entitled Protect Your Family From Lead In Your Home, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards, and San Francisco Lead Hazard Notice for Pre-1978 Dwellings.

 

. MOLD/MILDEW. Tenant agrees to maintain the Premises in a manner that prevents the occurrence of, and infestation of mold or mildew in the Premises. Tenant agrees to uphold this responsibility in part by complying with the list of responsibilities in the addendum entitled Mold Notification. By signing this Lease, Tenant represents and agrees that Landlord has provided Tenant with such information, including, but not limited to Mold Notification Addendum and Mold/Mildew Disclosure Form.

 

. FLOOD NOTICE. Landlord hereby notifies Tenant that the property is located in a special flood hazard area or an area of potential flooding. Landlord's insurance does not cover loss of Tenant's personal possessions and it is recommended Tenant consider purchasing renter's insurance and flood insurance. Landlord is not required to provide additional information concerning the flood hazards to the property and that the information provided pursuant to this section is deemed adequate to inform the tenant. The disclosures by this section are subject to the requirements of Section 1632 of the Civil Code. For further information about hazards, including flood hazards that may affect the property please visit http://myhazards.caloes.ca.gov/.

 

. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

 

LANDLORD:

 

,   

 

TENANT:

 

,  

 

Such addresses may be changed from time to time by either party by providing notice as set forth above.

 

. HAZARDOUS MATERIALS DISCLOSURE. Pursuant to the regulations of Proposition 65, enacted by the voters of California, Landlord hereby makes the following required disclosure: Warning - The Premises contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

 

. MEGAN'S LAW. The California Department of Justice, sheriff's departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code.

 

Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.

 

. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of .

 

. ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

 

. SEVERABILITY; WAIVER. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.

 

. TIME OF ESSENCE. Time is of the essence with respect to the execution of this Lease.

 

. ESTOPPEL CERTIFICATE. Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within 3 days after its receipt. Failure to comply with this requirement shall be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.

 

. TENANT REPRESENTATION; CREDIT. Tenant represents and warrants that all statements in Tenant's rental application are accurate. Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord may cancel this Lease (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenant's application is false.

 

. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

 

. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) Procedure, unless the dispute or controversy meets the requirements to be brought before California's small claims court or is an unlawful detainer proceeding.

 

 

LANDLORD:

 

 

 

By:   Date:  

,

By:   Date:

 

TENANT:

 

 

 

By:   Date:  

 

 

 

 

 

RECEIPT

 

By Signing above Landlord hereby acknowledges receipt and Tenant acknowledges the payment of the following:

 

Security Deposit:

 

:

 

Total Collected:  

 

RESIDENTIAL LEASE

INSPECTION CHECKLIST

 

Tenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:

 

 

SATISFACTORY COMMENTS

 

Bathrooms _______ ______________________________
Carpeting _______ ______________________________
Ceilings _______ ______________________________
Closets _______ ______________________________
Countertops _______ ______________________________
Dishwasher _______ ______________________________
Disposal _______ ______________________________
Doors _______ ______________________________
Fireplace _______ ______________________________
Lights _______ ______________________________
Locks _______ ______________________________
Refrigerator _______ ______________________________
Screens _______ ______________________________
Stove _______ ______________________________
Walls _______ ______________________________
Windows _______ ______________________________
Window coverings _______ ______________________________
______________ _______ ______________________________
______________ _______ ______________________________

 

_______________________________

Date

 

 

Tenant:

 

By: ___________________________________ Date: __________________

 

 

Acknowledged by Landlord:

 

 

By: ___________________________________ Date: __________________

,

By: ___________________________________ Date: __________________

 

 

RESIDENTIAL LEASE

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT

OR LEAD-BASED PAINT HAZARDS

 

Lead Warning Statement

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed 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/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention.

 

Landlord's Disclosure

 

(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):

 

(b) Records and reports available to the landlord (Check (i) or (ii) below):

 

Tenant's Acknowledgment (initial)

 

(c) _____ Tenant has received copies of all information listed above.

 

(d) _____ Tenant has received the pamphlet Protect Your Family From Lead In Your Home.

 

Agent's Acknowledgment (initial)

 

(e) _____ Agent has informed the landlord of the landlord's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

 

Certification of Accuracy

 

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

 

Tenant:

 

By:   Date:  

 

Acknowledged by Landlord/Agent:

 

 

By:   Date:  

,

By:   Date:  

 

 

 

THIS DOCUMENT CONTAINS IMPORTANT HEALTH INFORMATION FOR PROPERTY OWNERS AND TENANTS

 

SAN FRANCISCO LEAD HAZARD NOTICE FOR PRE-1978 DWELLINGS

 

Lead poisoning is an invisible but very serious illness that can occur in people of all ages exposed to lead hazards. Lead is especially harmful to young children and developing fetuses. Even exposure to low levels of lead may cause permanent effects on children's learning abilities, attention span, hearing, and growth.

 

Children are most often exposed to lead when they put their hands in their mouths, after touching surfaces or objects in the home that have lead-contaminated dust. Therefore, all young children should be tested for lead. Doctors are required to test children at 12 months and 24 months who are enrolled in Medi-Cal; Children's Health and Disability Prevention Program; Healthy Families; and Women, Infant, and Child Program. Also, children from 25 to 72 months, who have never been tested, are to receive a blood lead test. All other children, who do not qualify for these programs, should be tested if deemed necessary by the medical provider or in response to parental concerns.

 

Lead was used in most house paint until 1978, when new laws greatly reduced the amount of lead allowed. Houses and buildings built before 1978 probably have lead-based paint under newer layers. When lead paint is damaged over time by neglect, impact, friction, or moisture, lead dust hazards are created. Also when lead paint is disturbed during renovation, construction, or painting, and dust or paint chips are not properly contained and cleaned up, lead dust remains inside the home or in the soil. Bare topsoil containing lead is a significant hazard, and children, adult, and pets can track lead dust from the soil into the home.

 

As a tenant, you have the right to a safe and habitable housing. Before you rent a unit, do a thorough inspection. Make sure that both the interior and exterior paint are in good condition. Look for signs of moisture damage. Request that peeling, flaking, or chipping paint be repaired before you accept the unit. You can help prevent lead hazards by keeping your home clean and telling your landlord if you see damaged paint.

 

As a landlord, you are advised to have a maintenance schedule for your rental units and do a visual inspection at least annually. These inspections will allow you to assess the upkeep of your property and address any unreported problems.

 

If you want to know more about how to protect you and your family from lead poisoning, you may call the following agencies:

 

General Information (415) 554-8930

San Francisco Childhood Lead Prevention Program, Department of Public Health

 

 

EPA Landlord and Tenant Brochures 1-800-424-LEAD

The Lead-Based Paint Pre-Renovation Education Rule

Protect Your Family From Lead In Your Home

 

 

List of Lead Certified Inspectors and Contractors (Workers/Supervisors) 1-800-597-LEAD

California Department of Health Services

 

 

California Lease Agreement

Mold Notification Addendum

 

Landlord endeavors to maintain the highest quality living environment for the Tenant. Therefore, know that the Landlord has inspected the unit prior to lease and knows of no damp or wet building materials and knows of no mold or mildew contamination. Tenant is hereby notified that mold, however, can grow if the premises are not properly maintained or ventilated. If moisture is allowed to accumulate in the unit, it can cause mildew and mold to grow. It is important that Tenants regularly allow air to circulate in the apartment. It is also important that Tenants keep the interior of the unit clean and that they promptly notify the Landlord of any leaks, moisture problems, and/or mold growth.

 

Tenant agrees to maintain the property in a manner that prevents the occurrence of an infestation of mold or mildew. Tenant agrees to uphold this responsibility in part by complying with the following list of responsibilities:

 

1. Tenant agrees to keep the unit free of dirt and debris that can harbor mold.

 

2. Tenant agrees to immediately report to the Landlord any water intrusion, such as plumbing leaks, drips, or "sweating" pipes.

 

3. Tenant agrees to notify owner of overflows from bathroom, kitchen, or unit laundry facilities, especially in cases where the overflow may have permeated walls or cabinets.

 

4. Tenant agrees to report to the Landlord any significant mold growth on surfaces inside the premises.

 

5. Tenant agrees to allow the Landlord to enter the unit to inspect and make necessary repairs.

 

6. Tenant agrees to properly ventilate the bathroom while showering or bathing and to report to the Landlord any non-working fan.

 

7. Tenant agrees to use exhaust fans whenever cooking, dishwashing, or cleaning.

 

8. Tenant agrees to use all reasonable care to prevent outdoor water from penetrating into the interior of the unit.

 

9. Tenant agrees to clean and dry any visible moisture on windows, walls, and other surfaces, including personal property, as soon as reasonably possible. (Note: Mold can grow on damp surfaces within 24 to 48 hours.)

 

10. Tenant agrees to notify the Landlord of any problems with any air conditioning or heating systems that are discovered by the Tenant.

 

11. Tenant agrees to indemnify and hold harmless the Landlord from any actions, claims, losses, damages, and expenses, including, but not limited to, attorneys' fees that the Landlord may sustain or incur as a result of the negligence of the Tenant or any guest, licensee, invitee or other person living in, occupying, or using the Property.

 

If Tenant fails to comply with the terms of this Mold Addendum, it is a material breach of the Lease Agreement it is attached to. In the event there is a conflict between this Mold Addendum and the Lease Agreement, the terms of the Mold Addendum shall govern.

 

Tenant:

 

By:   Date:  

 

Acknowledged by Landlord:

 

By:   Date:  

,

By:   Date:  

 

 

 

INFORMATION ABOUT BED BUGS

 

Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.

 

Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.

 

Bed bugs can survive for months without feeding.

 

Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person's reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.

 

Common signs and symptoms of a possible bed bug infestation:

 

• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.

• Molted bed bug skins, white, sticky eggs, or empty eggshells.

• Very heavily infested areas may have a characteristically sweet odor.

• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.

 

For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.

 

To report suspected infestations please contact the landlord or property manager via the contact details provided in the lease agreement.

 

Notice Regarding Security Deposit

 

This Security Deposit Notification is given pursuant to Florida Statutes, Chapter 83, Subsection 2 and is given immediately after or within thirty days after the date of signing and delivery of the Lease and Security Deposit described below.

 

LANDLORD:  and

 

TENANT:

 

PREMISES: , , ,

 

SECURITY DEPOSIT TOTAL:

 

FINANCIAL INSTITUTION HOLDING SECURITY DEPOSIT:

 

NAME OF INSTITUTION:

ADDRESS OF INSTITUTION: , ,  

 

NOTIFICATION: Tenant is hereby notified by receipt in person of this writing, that: The Security Deposit (i) is commingled with the security deposits of other tenants and is held in a separate, non-interest bearing account with a Florida banking institution for the benefit of Tenant; and therefore there is no applicable interest rate or timing of payment of interest thereon of which to advise, (i) is not commingled with the security deposits of other tenants and is held in a separate interest bearing account with a Florida banking institution for the benefit of Tenant, and as such Landlord will provide Tenant with periodic payments of interest as accrued in accordance with Florida Statutes Section 83.49(3) (ii) is held at a depository or financial institution, the name and address of which is specified above, and (iii) is governed, among other provisions, by Florida Statues Section 83.49(3), a copy of which is attached.

 

Florida Statutes Section 83.49(3)

 

(3)(a) Upon the vacating of the Premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

 

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address).

 

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

 

(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.

(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).

 

EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM

 

[___] I agree, as provided in the rental agreement, to pay an amount that does not exceed 2 months' rent as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.

 

[___] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.

 

LANDLORD:

 

 

By:   Date:  

,

 

By:   Date:  

TENANT:

 

By:   Date:  

 

 

 

 

New York

Sprinkler Disclosure Statement

 

Address:  , , New York (the "Leased Premises").

 

Pursuant to the New York State Real Property Law, Article 7, Section 231a, effective December 3, 2014 all residential leases must contain a conspicuous notice as to the existence or non-existence of a Sprinkler System in the Leased Premises.

 

The Leased Premises is is NOT serviced by a maintained and operative sprinkler system that was last maintained and inspected on .

 

A "Sprinkler System" is a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread (Executive Law of New York, Article 6-C, Section 155-a(5)).

 

 

ACKNOWLEDGED BY:  

 

 

LANDLORD:

 

 

By:   Date:  

,

 

By:   Date:  

TENANT:

 

By:   Date:  

 

 

 

Checklist

 

 

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___Sign this document. This document needs to be signed by:

 

All Tenants

 

 

___Everyone gets a copy. Anyone named in the document should receive a copy of the signed document. If you sign this Lease online a copy will be securely stored in your account. You can share your document from your account.

 

 

Important Details

 

 

If pets will be allowed on the Premises the Landlord and Tenant should complete Rocket Lawyer's Pet Addendum to finalize the terms, fees and regulations associated with keeping a pet on the Premises.

 

In addition to a local attorney, there are several sources of information that may be available to provide you with additional information about the landlord/tenant laws of your state and city. Many cities have housing authorities or other governmental divisions that provide useful information. Also, some civil rights groups have information available related to housing needs and laws. Also, consider low-income housing groups and legal services organizations. Often, these groups have a broad range of experience with landlord/tenant issues and can provide both advice and information at minimal or no cost.

 

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    Some outcomes from not having this document in place include unauthorized usage, property damage, unplanned move-out dates, and unpaid fees.

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