Lease

At the end of June, 2020 I received the updated version of the Lease with some changes the attorney made to them. The latest version of the lease can be downloaded here:

IMPORTANT NOTE: We are providing you these documents as examples for entertainment purposes only and you MUST have them reviewed and approved by your own attorney before using them yourself and in your own business. By using them you agree to hold us harmless. Seriously, don’t use this stuff without having your attorney review and approve them.

Download Lease as PDF

Download Lease editable in MS Word

However, the video and annotated version of the older version of the lease are preserved for you below in case you need those.

Download Older, Out-Dated Version of Lease

The following is a annotated version of the 21-page $5,000 lease that I give out to clients only after they’ve purchased a house with me. Real estate agents in other markets, you may want to do something similar with your clients as a value add.

Download Lease as PDF

Download Lease editable in MS Word

  1. Determine your Contract and Paperwork Attorney
    If you're going to have the paperwork for working with your Real Estate Broker, Contract to Buy and Sell Real Estate, or any other paperwork you might sign reviewed by an Attorney before you sign it, you may want to determine who that Attorney will be.

    This Attorney will also probably prepare or review your Lease.

    Ask your Real Estate Broker for a recommendation.

    Mark this task as complete once you've decided which Contract and Paperwork Attorney you will use to help review your legal documents or if you're qualified to review them yourself.

    Asset ProtectionDream TeamDream Team - Pre-ClosingFirst Meeting: PaperworkLeasePaperworkUltimate Nomad ChecklistWeek 1

  2. Determine your Contract and Paperwork Attorney for Post-Closing Paperwork
    If you're going to have your Lease (or any other paperwork you might sign) reviewed by an Attorney before you use it, you may want to determine who that attorney will be.

    This attorney will also probably review your Contract to Buy and Sell Real Estate.

    Ask your Real Estate Broker for a recommendation.

    Mark this task as complete once you've decided which Contract and Paperwork Attorney you will use to help review your legal documents or if you're qualified to review them yourself.

    Asset ProtectionDream TeamDream Team - Post-ClosingLeasePaperworkUltimate Nomad ChecklistWeek 54

  3. Meet with Contract and Paperwork Attorney to go over Lease
    Once you've read through the Lease and highlighted sections you have questions about, take your questions and meet with your Contract and Paperwork Attorney and go over your questions about the Lease.

    Mark this task as complete once you feel comfortable with the Lease.

    Dream TeamDream Team - Post-ClosingLeasePaperworkUltimate Nomad ChecklistWeek 44

  4. Class Watch "Mock Tenant Screening" Recording of Live Class
  5. Class Watch "The $5,000 Lease Demystified" Recording of Live Class
  6. Get or create "Lease"
    Download a copy of the "Lease" you intend to use (either from your Attorney or from your Real Estate Broker) or create your own with the help of your Attorney.

    https://RealEstateFinancialPlanner.com/lease/

    Mark this task complete once you have a copy of the "Lease".

    LeasePaperworkPrepare to be a LandlordUltimate Nomad ChecklistWeek 44

  7. Read "Annotated Lease"
    If you're using my "Lease", read the "Annotated Lease" to see examples of the "Lease" filled in and see how we explain it to Tenants and Tenant-Buyers.

    https://RealEstateFinancialPlanner.com/lease/

    Mark this complete once you've read through the "Annotated Lease".

    LeasePaperworkPrepare to be a LandlordUltimate Nomad ChecklistWeek 44

  8. Read through "Lease"
    Read through your "Lease" and highlight any sections you have questions about. Write down the questions you have.

    Mark this task complete once you've read through the "Lease".

    LeasePaperworkPrepare to be a LandlordUltimate Nomad ChecklistWeek 44

  9. Practice filling in "Lease"
    Practice filling in a complete sample "Lease" before meeting with your Tenant or Tenant-Buyer to show a property and complete a "Lease".

    Mark this task complete once you've practiced filling in a complete "Lease" and asking your Contract and Paperwork Attorney any questions if they come up while doing it.

    LeasePaperworkPrepare to be a LandlordUltimate Nomad ChecklistWeek 55

  10. Get or create "Lease-Option" documents
    Have your Contract and Paperwork Attorney prepare your "Lease-Option" documents for your Tenant-Buyer or create them with your Attorney's help.

    Mark this task complete once your Contract and Paperwork Attorney has prepared your "Lease-Option" documents.

    ASAPLeaseLease-OptionPaperworkPrepare to be a LandlordTenant-BuyersUltimate Nomad ChecklistWeek 57

  11. Read through "Lease-Option" documents
    Read through your "Lease-Option" paperwork. Highlight any sections you have questions about. Write down your questions.

    Mark this task complete once you've read through your "Lease-Option" paperwork. You'll be scheduling time to meet with your Contract and Paperwork Attorney to have your questions answered in another task.

    ASAPLeaseLease-OptionPaperworkPrepare to be a LandlordTenant-BuyersUltimate Nomad ChecklistWeek 57

  12. Meet with Contract and Paperwork Attorney to review "Lease-Option" documents
    Meet with your Contract and Paperwork Attorney to go over the highlighted sections of your "Lease-Option" documents. Ask your Attorney your questions about the paperwork.

    Mark this task as complete once you understand and feel comfortable with your "Lease-Option" documents.

    ASAPLeaseLease-OptionPaperworkPrepare to be a LandlordUltimate Nomad ChecklistWeek 58

  13. Determine your Tenant-Buyer Evaluation Criteria
    Determine and write out the criteria that you'll use to evaluate a Tenant-Buyer.

    Mark this task as complete when you have written evaluation criteria to be in compliance with Fair Housing Laws.

    ASAPLeaseLease-OptionPaperworkPrepare to be a LandlordTenant ScreeningUltimate Nomad ChecklistWeek 54

  14. Determine your Rent (or Lease-Option Rent)
    Determine what Rent you'll charge for the property or, if you're offering a Lease-Option, what Lease-Option Rent you'll charge for the property.

    This is often done by researching what Fair Market Rent is.

    Some Real Estate Brokers may subscribe to a service that allows them to pull rental comparables to help to determine rent.

    Mark this task complete when you have determined your Rent.

    Analyzing DealsASAPLeaseLease-OptionNet Operating IncomePrepare to be a LandlordRentUltimate Nomad ChecklistWeek 55

  15. Class Watch "Marketing for Tenants" Recording of Live Class
  16. Review "Marketing for Tenants" Recording of Live Class
  17. Review "Marketing for Tenants" Recording of Live Class
  18. Review "Mock Tenant Screening" Recording of Live Class
  19. Give Tenant/Tenant-Buyer copy of "Lease"
  20. Explain "Lease" to Tenant/Tenant-Buyer
    Go over the "Lease" in detail, section by section explaining it to your Tenant or Tenant-Buyer.

    Encourage them to seek advice from their attorney.

    LeaseLease Signing and Lease ReviewTenant-BuyersTenantsUltimate Nomad ChecklistWeek 60

  21. IF TENANT-BUYER: Explain "Option" to Tenant-Buyer
    If you're doing a Lease-Option, go over the "Option" in detail, section by section explaining it to your Tenant-Buyer.

    Encourage them to get the advice of their own attorney.

    LeaseLease Signing and Lease ReviewTenant-BuyersTenantsUltimate Nomad ChecklistWeek 60

  22. Have Tenant/Tenant-Buyer sign "Lease"
  23. IF TENANT-BUYER: Have Tenant-Buyer sign "Option"
    If you're doing a Lease-Option, have your Tenant-Buyer sign the "Option".

    LeaseLease Signing and Lease ReviewTenant-BuyersTenantsUltimate Nomad ChecklistWeek 60

  24. Give Tenant/Tenant-Buyer a copy of signed "Lease"
  25. IF TENANT-BUYER: Give Tenant-Buyer a copy of signed "Option"
    If you're doing a Lease-Option, once your Tenant-Buyer has signed the "Option" give them a copy.

    LeaseLease Signing and Lease ReviewLease-OptionTenant ScreeningTenant-BuyersTenantsUltimate Nomad ChecklistWeek 61

Key

Plain text is how I might describe that section to the tenant or tenant buyer (the lease calls them Residents).

Text in blue boxes like this are what the actual agreement reads.

Text in yellow boxes like this are examples of how you might fill in the blanks in the agreement.

Text in red boxes are generally important notes that you should take extra caution with and/or discuss with your attorney.

Annotated Lease

STANDARD REAL ESTATE RENTAL AGREEMENT

THIS AGREEMENT (hereinafter referred to as “Agreement”) made and entered into this _________ day of _________________ , 20___ , by and between _____________________________________________ (hereinafter referred to as “Management”) and _______________________________________ (hereinafter referred to, whether one or more, as “Resident”). Management rents to Resident, and Resident rents from Management, the Premises located at: Address: __________________________, City: __________________, State: __________, Zip: _________ (hereinafter referred to as the “Premises”), under the following terms and conditions:

In this section we fill in the date the agreement was entered into, the name of the manager of the premises, the names of the Residents living in the premises and the address of the premises.

Here’s how it might look filled in.

THIS AGREEMENT (hereinafter referred to as “Agreement”) made and entered into this 11th day of May , 2018 , by and between 1234 Main St LLC (hereinafter referred to as “Management”) and John Tenant and Mary Tenant (hereinafter referred to, whether one or more, as “Resident”). Management rents to Resident, and Resident rents from Management, the Premises located at: Address: 1234 Main St, City: Fort Collins, State: Colorado, Zip: 80525 (hereinafter referred to as the “Premises”), under the following terms and conditions:

1. TERM

1. TERM: The initial term of the lease under this Agreement shall begin on the ______ day of____________, 20___ (“Commencement Date”), and terminate at 12 noon on the ________ day of _________________, 20___.

This is the first section of the lease. It is numbered. Future sections are numbered as well.

In this section, we talk about the term of the lease including when it will start and when it will end.

Here’s how it might look filled in.

1. TERM: The initial term of the lease under this Agreement shall begin on the 1st day of June , 2018 (“Commencement Date”), and terminate at 12 noon on the 30th day of May, 2019.

2. POSSESSION

2. POSSESSION: If this box is checked, Resident shall have possession on ________________________, 20_______ at _______________ m. (“Possession Date”); provided that, should Management be unable to deliver possession of the Premises within such time, Management shall not be liable for damages caused thereby, nor shall this agreement be void or voidable, but Resident shall not be liable for any rent until possession is delivered. Resident may not refuse to occupy the Premises if possession is delivered within 10 days of the Possession Date. If possession is not delivered within 10 days of the Possession Date, Resident may, as the sole remedy of Resident, terminate this Agreement. Resident must move in within 30 days from the date possession is made available, and continuously occupy the Premises during the lease term.

This tells you what day you get possession of the premises and what happens if the current tenant doesn’t move out like they’re supposed to. Basically… you’re not responsible for rent for that period and we will work to get the previous tenant out as soon as possible. If for some reason we can’t get them out within 10 days, you can terminate.

Also, you do need to move into the premises within 30 days and occupy the premises for the duration to avoid the premises being vacant.

This section protects us from promising a tenant they can move in, but then not being able to keep that promise.

Three examples come to mind.

  1. First, when the previous tenant fails to move out and delays us being able to give possession of the premises to the new tenant.
  2. Second, when we are living in the premises and are under contract to buy our next premises with the intent of renting out the premises we are moving out of, there may be times when our closing is delayed and we cannnot be out of the premises to give possession to the next tenant.
  3. Third, if we are buying the premises and have signed a lease in advance of closing, this protects us from delays in closing as well.

It also states the tenant must occupy the premises for the term of the lease. Our insurance often will not cover us if the premises is vacant for more than 30 days, so we want to make sure that the premises is not vacant for more than 30 days.

Here is an example of it filled in.

2. POSSESSION: If this box is checked, Resident shall have possession on June 1st, 2018 at 3 PM. (“Possession Date”); provided that, should Management be unable to deliver possession of the Premises within such time, Management shall not be liable for damages caused thereby, nor shall this agreement be void or voidable, but Resident shall not be liable for any rent until possession is delivered. Resident may not refuse to occupy the Premises if possession is delivered within 10 days of the Possession Date. If possession is not delivered within 10 days of the Possession Date, Resident may, as the sole remedy of Resident, terminate this Agreement. Resident must move in within 30 days from the date possession is made available, and continuously occupy the Premises during the lease term.

If this box is checked, Resident is now in possession of the Premises under a lease agreement. Effective as of the Commencement Date, this Agreement replaces such prior lease.

If this box is checked, this lease will replace the previous one.

If this box is checked, Management has entered into or intends to enter into a contract for the purchase by Management of the Premises. In the event Management has not acquired title to the Premises on or before ___________________, 20_____, this Agreement shall terminate and be deemed null and void. The date upon which Management acquires title to the Premises is hereinafter referred to as the “Acquisition Date”. Possession of the Premises shall be made available to Resident on or before 7 days following the Acquisition Date provided, that should Management be unable to deliver possession of the Premises within such time, Management shall not be liable for damages caused thereby, nor shall this agreement be void or voidable, but Resident shall not be liable for any rent until possession is delivered. Resident may not refuse to occupy the Premises. Resident shall move in no later than _________ days following the Commencement Date, and continuously occupy the Premises thereafter during the term of this Agreement.

We’d explain this one of two ways. Both are shown below.

This section does not apply since we already own the premises.

… OR …

Or, we are going to be buying this premises and I expect to close on ________. If for some reason we’re not able to buy the premises this agreement will terminate and be deemed null and void. You should be able to move in within 7 days of us buying the premises. Your rent won’t be due until we give you possession but you are agreeing to occupy the premises and will move in within ____ days and occupy the premises for the entire duration of the agreement.

These two options allow you to address the differences between a tenant that is already in possession of the premises (renewing a lease) or if you are putting a new tenant into a premises and there is a possibility there may be delays in Management being able to delivery the premises.

Specifically, what happens if we are buying a premises from the MLS and technically do not even own the premises when we sign the lease. If for some reason we are unable to close on the premises (some examples might be we cancel the contract on inspection or because financing falls through), what happens to this lease? Well, this section says the agreement terminates and is deemed null and void.

After we close on the premises, it says we need to deliver possession within 7 days. If we can’t deliver possession, Management won’t be liable for damages, nor shall this agreement terminate. However, the tenant will not need to pay rent until we are able to give possession of the premises. The tenant may not refuse to occupy the premises—even if we’re delayed.

Equally important for us, we don’t want the premises to be vacant since it could affect our ability to make an insurance claim and may not be maintained so we require the tenant to occupy the premises within a certain number of days (I like to use 7 days here) and continuously occupy the premises for the duration of the agreement.

There are two different examples of this filled in: one were we already own the premises. One where we do not yet own the premises. That’s the second one.

Here’s an example of this section filled in where we already own the premises.

If this box is checked, Resident is now in possession of the Premises under a lease agreement. Effective as of the Commencement Date, this Agreement replaces such prior lease.

If this box is checked, Management has entered into or intends to enter into a contract for the purchase by Management of the Premises. In the event Management has not acquired title to the Premises on or before ___________________, 20_____, this Agreement shall terminate and be deemed null and void. The date upon which Management acquires title to the Premises is hereinafter referred to as the “Acquisition Date”. Possession of the Premises shall be made available to Resident on or before 7 days following the Acquisition Date provided, that should Management be unable to deliver possession of the Premises within such time, Management shall not be liable for damages caused thereby, nor shall this agreement be void or voidable, but Resident shall not be liable for any rent until possession is delivered. Resident may not refuse to occupy the Premises. Resident shall move in no later than _________ days following the Commencement Date, and continuously occupy the Premises thereafter during the term of this Agreement.

Here’s an example of this section filled in if we were buying the premises and did not yet have possession ourselves.

If this box is checked, Resident is now in possession of the Premises under a lease agreement. Effective as of the Commencement Date, this Agreement replaces such prior lease.

If this box is checked, Management has entered into or intends to enter into a contract for the purchase by Management of the Premises. In the event Management has not acquired title to the Premises on or before June 1st, 2018, this Agreement shall terminate and be deemed null and void. The date upon which Management acquires title to the Premises is hereinafter referred to as the “Acquisition Date”. Possession of the Premises shall be made available to Resident on or before 7 days following the Acquisition Date provided, that should Management be unable to deliver possession of the Premises within such time, Management shall not be liable for damages caused thereby, nor shall this agreement be void or voidable, but Resident shall not be liable for any rent until possession is delivered. Resident may not refuse to occupy the Premises. Resident shall move in no later than 7 days following the Commencement Date, and continuously occupy the Premises thereafter during the term of this Agreement.

3. RENT

3. RENT: Rent is payable monthly in advance without notice or demand at the rate of ___________________________________________________ DOLLARS ($___________ ) per month, on the 1st day of each and every month during the initial or any extended term of this Agreement. Unless otherwise notified in writing, if Management consents to extend the term, the monthly rental payment shall increase by five percent (5%) payable monthly beginning the month following the expiration of the initial term, or the expiration of the extended term, as the case may be. If this box is checked, unless otherwise directed by Management, all such payments shall be made via electronic deposit to Management on or before the due date and without demand into Management’s account as Management specifies from time to time. Resident agrees to execute such documents as needed to establish and maintain in effect such electronic payments during the term of this Agreement.

This section talks about how much rent is and when it is due. You get a discount for paying rent on time which is covered in the next section, but the rent without the discount is $______ per month and due on the first of the month. We will not send you an invoice or anything else to remind you.

Remember, the rent we enter here is the non-discounted rent amount (usually $50 more than what you advertise). If someone pays on-time, they get a $50 discount (explained in section 4 below). So, we typically advertise the discounted, on-time rent amount and put the higher, non-discounted amount here.

If the box is checked, you’re agreeing to make payments via electronic deposit. Otherwise, you’re agreeing to send payment in.

It is highly unusual since we’d probably do a new lease at the end of this one, but if for some reason we don’t do a new lease, monthly rent will increase by 5%.

We tend to automatically have rent increase by 5% in the lease agreement, however we may ultimately decide to increase rent by a lower amount. This is not usually discussed in a lot of detail when they’re signing the lease; often we just tell them that rent goes up 5% each year.

Here’s an example of what it might look like filled in but not requiring electronic deposit.

3. RENT: Rent is payable monthly in advance without notice or demand at the rate of Eighteen hundred DOLLARS ($1,800.00) per month, on the 1st day of each and every month during the initial or any extended term of this Agreement. Unless otherwise notified in writing, if Management consents to extend the term, the monthly rental payment shall increase by five percent (5%) payable monthly beginning the month following the expiration of the initial term, or the expiration of the extended term, as the case may be. If this box is checked, unless otherwise directed by Management, all such payments shall be made via electronic deposit to Management on or before the due date and without demand into Management’s account as Management specifies from time to time. Resident agrees to execute such documents as needed to establish and maintain in effect such electronic payments during the term of this Agreement.

If payment is not electronically made, then rental payments shall be made at the office of Management or such other place as Management may from time to time designate. MAILING THE RENT BY THE DUE DATE DOES NOT CONSTITUTE PAYMENT. RENTS MUST BE RECEIVED AT THE OFFICE OF THE MANAGEMENT BEFORE 5 O’CLOCK P.M. ON THE DUE DATE of each month to be considered paid. Monies received are applied first to any lost rental discount; second to any outstanding additional rent; third to any unpaid fees or charges, then fourth to any current rent or rent to become due. This could result in unpaid rent which would be subject to additional rent as contained herein. Cash will not be accepted. Money orders or checks shall be made payable to:

Name: ___________________________________________
Address: _________________________________________
City, State Zip: ____________________________________

In many cases, I’d word-for-word read this section to them and then ad lib explain as I go. But here is a slight alternative way to describe it.

Rent is due at the address shown here by 5 PM on the due date to be considered paid. It is not enough to mail it by the 1st… it must arrive by the first by 5 PM.

I expect you’re going to pay on-time and not have this issue, but if you do pay late the money received is first applied to any lost rent discount, then any outstanding rent, third to any unpaid fees or changes and then fourth to any current rent or rent to become due. So, if you’re paying late… make sure you pay the entire balance including the non-discounted rent amount.

We do NOT accept cash. Money orders or checks are OK and can be made payable to the name and address shown here.

If we do not receive rent on the first of the month, we immediately contact the tenant with concern. It is not enough to mail it by the first… it must be received by the first by 5 PM.

If rent is received that is late, then how money we do receive is applied is really important. Read that section carefully.

Here’s an example of that section filled in.

If payment is not electronically made, then rental payments shall be made at the office of Management or such other place as Management may from time to time designate. MAILING THE RENT BY THE DUE DATE DOES NOT CONSTITUTE PAYMENT. RENTS MUST BE RECEIVED AT THE OFFICE OF THE MANAGEMENT BEFORE 5 O’CLOCK P.M. ON THE DUE DATE of each month to be considered paid. Monies received are applied first to any lost rental discount; second to any outstanding additional rent; third to any unpaid fees or charges, then fourth to any current rent or rent to become due. This could result in unpaid rent which would be subject to additional rent as contained herein. Cash will not be accepted. Money orders or checks shall be made payable to:

Name: James Orr
Address: 1001-A E Harmony Rd #512
City, State Zip: Fort Collins, CO 80525

TIP: Fill in your name and mailing address on your lease template so that it is correct on all your leases and you don’t need to fill it out each time.

4. DISCOUNT FOR PROMPT PAYMENT AND MAINTENANCE

4. DISCOUNT FOR PROMPT PAYMENT AND MAINTENANCE: If the rent, and any previous balance due, is received and accepted on or before the 1st day of the month (due date as described above) and Resident is in compliance with the maintenance requirements and other covenants contained in this Agreement, a FIFTY DOLLAR DISCOUNT ($50.00) will be credited to the rental payment.

We like to reward tenants that honor their agreements so you get a $50 discount if you don’t have a balance and pay your rent on or before the 1st of the month as described above.

5. ADDITIONAL RENT & RETURNED CHECKS

5. ADDITIONAL RENT & RETURNED CHECKS: If Management elects to accept rent after the 5th day of the month, Resident agrees to pay $10.00 for each day after the 5th day of the month as additional rent. In the event efforts for collection of past due rent are undertaken by the Management or its agents by coming to the Premises location, the Resident agrees to pay a $50.00 collection fee as additional rent for each such attempted collection. The additional rent shall continue to accrue at the rate of $10.00 per day until all rents, all disallowed discounts, and any other amounts owing under this Agreement are paid in full. All payments made after the 5th day of the month, if not electronically deposited as provided in Section 3, shall be by cashier’s check or money order. In the event any check given by Resident to Management is returned by the bank unpaid, Resident agrees to pay to Management $50.00 as additional rent, no rental discount for that month shall be allowed, and Resident agrees to pay additional rent of $10.00 per day after the 5th day of the month until Resident’s account is brought current. This charge will be waived if the bank verifies, in writing, the check was returned due to their error. Any returned check must be redeemed by cashier’s check or money order. In the event more than one check is returned, Resident herewith agrees to pay all future rents and charges in the form of cashier’s check or money order. If rent is accepted after the due date this acceptance shall not alter the terms of this Agreement or any extension thereof.

If you pay rent after the 5th of the month, there is a $10 per day additional rent until your entire account is paid in full including lost rent discount or additional $10 per day rent.

Remember, that rent is $50 higher and they get a $50 discount should they pay on time. The $10 per day extra rent starts on day 5.

If we need to come to the premises to try to collect rent, there is an additional $50 additional rent for each time we go there to attempt to collect rent. That’s in addition to the $10 per day after day 5.

Plus, if you don’t pay on-time you lose the ability to pay with personal check… if you’re late you need to pay with cashier’s check or money order.

If your check is ever returned as unpaid by the bank you don’t get the rent discount for that month, there is an additional $50 additional rent charge and there is the $10 per day additional rent beyond day 5 until your account is paid in full.

There is a two strikes policy with personal checks: if two get returned unpaid, then we’ll ask that all future payments be made with a cashier’s check or money order.

6. DAMAGE DEPOSIT

6. DAMAGE DEPOSIT: Upon the due execution of this Agreement, Resident shall deposit with Management the sum of $___________ (“damage deposit”), receipt of which is hereby acknowledged by Management, as security for any damage caused to the Premises during the term hereof. Such deposit shall be returned to Resident, without interest, within thirty days (30) and less any set-off for damages to the Premises, and amounts owed to Management, provided:

You’re giving me a damage deposit in the amount of $______ and this section acknowledges receipt of that.

After the lease is up, this will be returned to you without interest within 30 days and less any set-off for damages to Premises and amount owed if the following are true…

a. Lease term under this Agreement has expired or this Agreement has been terminated; and

b. All monies due Management by Resident have been paid; and

c. Premises, and any improvements made during the lease term, and appliances, are not damaged and are left in their original condition, normal wear and tear excepted.

d. Carpets, walls, floors, appliances, bathroom fixtures and other areas of the house have been cleaned and are ready for a new resident.

e. Yard and shrubbery are neatly trimmed and leaves, trash and other debris have been removed from Premises.

f. Written notice to vacate has been given to Management at least 60 days prior to vacating.

g. Resident allows Management to show Premises and post sign at the Premises during the 60-day period prior to termination of the lease. Resident acknowledges that Management has the right, at all times during the lease term, to market and advertise the Premises for rent or sale, in any manner desired by Management, including, without limitation, online and elsewhere and with pictures and video.

h. Resident has returned all keys to Management.

i. Resident has given Management Resident’s forwarding address.

j. Resident has paid all final bills on all utilities that have been Resident’s responsibility under this Agreement.

k. Smoking in violation of this Agreement has not occurred.

I’d normally read these to the Resident and then explain each briefly.

a. Lease term under this Agreement has expired or this Agreement has been terminated; and

To have the damage deposit returned, the lease must have either expired or be terminated. You can’t get it back in the middle of the lease.

b. All monies due Management by Resident have been paid; and

Your account with me needs to be current with no money due to Management.

c. Premises, and any improvements made during the lease term, and appliances, are not damaged and are left in their original condition, normal wear and tear excepted.

Can’t have left damage.

d. Carpets, walls, floors, appliances, bathroom fixtures and other areas of the house have been cleaned and are ready for a new resident.

Everything must be cleaned and in the same condition or better than you received it.

e. Yard and shrubbery are neatly trimmed and leaves, trash and other debris have been removed from Premises.

Must have the yard properly maintained.

f. Written notice to vacate has been given to Management at least 60 days prior to vacating.

You need to give me 60 days notice prior to vacating.

g. Resident allows Management to show Premises and post sign at the Premises during the 60-day period prior to termination of the lease. Resident acknowledges that Management has the right, at all times during the lease term, to market and advertise the Premises for rent or sale, in any manner desired by Management, including, without limitation, online and elsewhere and with pictures and video.

You’ve cooperated with me getting the next Resident in by letting me market the property for rent or sale and allowed showings.

Management has the right to show premises and post a sign in the yard of the premises 60 days prior to termination of lease. We probably should extend this to be 90 days in light of discussions of starting 90 days in advance of a tenant vacating. However, we can market the premises for sale or rent at any time; it does not need to be in the 60 day period. So, perhaps we market it and don’t show it until the 60 day point.

h. Resident has returned all keys to Management.

You need to return all the keys. We will, in almost all cases, rekey or change locks for the next Resident regardless.

i. Resident has given Management Resident’s forwarding address.

We need this to forward the remaining damage deposit.

j. Resident has paid all final bills on all utilities that have been Resident’s responsibility under this Agreement.

You need to have paid all your other bills associated with the premises so we don’t get stuck with that bill.

k. Smoking in violation of this Agreement has not occurred.

You nor your guests can smoke in the premises. If you do, you do not get your damage deposit back.

Management and Resident agree that the damage deposit is not last month’s rent. The Management will clean the carpets on Resident’s behalf upon vacating the Premises. The carpet cleaning fee will be deducted from the Resident’s deposit. Management will have the Premises professionally cleaned upon vacating the Premises. The cleaning fee will be deducted from the Resident’s deposit.

The damage deposit may, at the option of Management in its sole discretion, be applied by Management to satisfy all or part of Resident’s obligations and such act shall not prevent Management from claiming damages in excess of the damage deposit. Resident agrees to pay Management eighteen percent (18%) per annum on the unpaid balance of any charges for rent, repairs or any other charges and damages and expenses sustained by Management under the terms of this Agreement, that are not covered by the damage deposit and that are not paid within seven (7) days after vacating the Premises. Regardless of amount of damage deposit, Resident agrees to perform as outlined herein.

_______ RESIDENT AGREES NOT TO ATTEMPT TO APPLY ANY PORTION OF THE DAMAGE DEPOSIT TO ANY RENT PAYMENT.

You can’t use the damage deposit as the last month of rent and just not pay for the last month.

Also, we will also have the carpet cleaning and professional cleaning done that will be from the damage deposit.

If there is damage that exceeds your damage deposit or you owe money at the end of your lease, you agree to pay that within 7 days of vacating or there are late fees.

In the last paragraph, there is a spot for the Residents to initial to acknowledge this section.

Here is a filled in version of section 6.

6. DAMAGE DEPOSIT: Upon the due execution of this Agreement, Resident shall deposit with Management the sum of $2,000.00 (“damage deposit”), receipt of which is hereby acknowledged by Management, as security for any damage caused to the Premises during the term hereof. Such deposit shall be returned to Resident, without interest, within thirty days (30) and less any set-off for damages to the Premises, and amounts owed to Management, provided:

7. EARLY TERMINATION AND EARLY TERMINATION FEE

7. EARLY TERMINATION AND EARLY TERMINATION FEE: Resident may be released from the obligation to pay the rents contained herein, as of the last day of a rental month, before the expiration of the initial lease term or any extensions by:

If you ever need to terminate early, this section describes how that works including the fees for doing so.

a. Giving Management a written notice stating the date of termination, which shall be the last day of a calendar month, and no less than sixty (60) days following the written notice; and

You must give us at least 60 days notice.

b. Paying all monies due through date of termination; and

You must pay all money due through the date of termination.

c. Paying an amount equal to one month’s rent as a release fee (“Early Termination Fee”); and

You need to pay one full month of rent as a release fee.

d. Returning the Premises in a clean, undamaged ready-to-rent condition; and

You must return the premises in great condition.

e. Complying with all provisions set forth in Section 6 above.

You must comply with all the terms for release of damage deposit as outlined in section 6.

If this Agreement terminates prior to expiration of the term as a result of default by Resident, Resident shall, in addition to all other rents, damages, and amounts payable to Management, be liable for payment of the Early Termination Fee.

You default on this agreement, then you will be responsible for all the rent, damage, late fees and the Early Termination Fee.

8. CONDITION OF PREMISES

8. CONDITION OF PREMISES. Resident has received an inspection form (“Move-In Inspection Form”) to notify Management of any damage to the Premises at the time of taking possession. Resident acknowledges and agrees that the Premises is in good and habitable condition and accepts Premises in its present “AS-IS” condition and acknowledges and accepts the responsibility to complete said form within seven (7) days of taking possession and return a completed, signed copy to Management. Failure to do so shall be Resident’s acknowledgment that Premises is in perfect condition in every particular and that any damages, including breakage, burns and wear or otherwise not shown on the Move-In Inspection Form shall be Resident’s responsibility and expense. The items shown on the Move-in Inspection Form are subject to verification by Management, and to the extent accepted by Management, shall be conclusively deemed to be the only exceptions as to the Resident’s obligation to maintain and surrender the Premises in good condition. Management has no obligation to correct or repair any such items, and the sole purpose of such writing is to establish the condition of the Premises upon occupation by the Resident.

You taking the property “as is” and it is in good and habitable condition. In the next 7 days please take a moment to complete the “Move-In Inspection Form” to note anything that is not in perfect condition. If you don’t put it on the “Move-In Inspection Form” now, we will expect it to be in perfect condition when you move out too.

We don’t have to repair or fix every item on your “Move-In Inspection Form”, but you won’t be responsible for those items when you move out.

9. MAINTENANCE, REPAIRS BY RESIDENT

9. _______ MAINTENANCE, REPAIRS BY RESIDENT: Resident acknowledges that the Premises are in good order and repair and habitable condition. Resident shall, at Resident’s own expense, and at all times, maintain the Premises in good condition and repair, and in a clean and sanitary manner, including all equipment and appliances therein and shall surrender the same, at the termination hereof, in as good condition as received, or as improved during the lease term, normal wear and tear excepted. Resident shall be responsible for damages caused by Resident’s negligence and that of Resident’s family or invitees and guests, and shall reimburse Management for all such damages. Resident shall mow, irrigate and maintain any surrounding grounds, including lawns, shrubbery and gutters, and keep the same clear of rubbish, trash, weeds or leaves if such grounds are part of the Premises and are available for the use of Resident. Should Resident fail to do so, Management may, but is not required to, maintain lawns and/or shrubbery by using a professional yard maintenance company. Resident agrees to pay the cost of any such yard maintenance as additional rent.

There is a blank for the Residents to initial this entire section. Management should make sure this (and other spots for initials are completed by Residents.

The property is in good, clean, habitable condition now and you will be responsible for keeping the property in good, clean, habitable condition for the duration of your time here. If you or your guests damage stuff while living here, you will be responsible for those damages.

We ask that you mow and water the lawn and landscaping; keep the gutters clear of rubbish, trash, weeds or leaves. If you don’t do it and we need to hire someone, we will charge you additional rent for that.

Resident shall immediately notify Management in writing of any damage to the Premises that occurs from whatever cause, and of any defect or dangerous condition existing. If Management determines that Resident has caused or allowed damage to the Premises beyond ordinary wear and tear, Management may, but is not required to, repair the damage and Resident shall be responsible for payment of the costs of repair as additional rent.

If something does get damaged, let me know immediately. I may repair it to keep up our property, but if it is beyond normal wear and tear, you may be responsible for the cost to repair it as additional rent.

If there is any repair needed for the Premises which is not, by the terms of this Agreement or by operation of law, the obligation of the Resident, the Resident shall promptly give written notice to the Management identifying the repair requested, and the Management shall have a reasonable time to investigate and provide any repair, taking into consideration the nature of the problem, reasonable availability of materials, labor and utilities, and the availability and time of payment of insurance proceeds which may provide for payment of all or a portion of such repairs. If Management, after reasonable time for investigation, determines that the repair requested is a repair which is the obligation of Management, and Management elects in the sole discretion of Management not to make the requested repair, then Management may terminate this Agreement without liability by Management to the Resident. Management shall have no responsibility for repair if the repair is one that is otherwise the responsibility of Management, but is due in whole or part to negligent or intentional acts of Resident or the guests or occupants of Resident. If a requested repair is the responsibility of Management, and is a repair needed to maintain the Premises in habitable condition, if Management does not after a reasonable time either make the repair or terminate this Agreement, Resident shall have the right to terminate this Agreement by first giving written notice of intent to terminate this Agreement. If Management does not commence repair within 15 days of such notice, then Resident may terminate this Agreement. The Resident’s termination of this Agreement shall be the sole and only remedy of the Resident for failure of Management to make a repair required of Management, and the Resident hereby waives and releases all other rights, remedies and claims of any nature or kind including for injunctive relief and monetary damages; and those, if any, that may be provided elsewhere in this Agreement for monetary amounts, and those provided by any statute to the fullest extent the same may be waived.

If you have a repair request for something you’re not responsible for, please let me know in writing. I’ll get on it right away, but with with getting contractors and stuff, I need a reasonable amount of time to evaluate and make the repair.

If I am unwilling or unable to make a repair that I should make, then I can terminate the agreement instead.

If you or your guests do something to the property negligently or intentional, I obviously won’t be required to repair those.

Management is not required to make repairs of things done by Residents or their guests.

You have the right to terminate the agreement if the premises is not habitable by giving written notice I don’t do the repairs within 15 days.

10. APPLIANCES

10. APPLIANCES: Any appliance on the Premises at the signing of this Agreement, or hereafter provided to the Premises by Management, shall be returned by Resident upon move-out in the same condition as at the signing of this Agreement, or other time of provision of the appliance.

You get to use the appliances that are on the premises, but you need to maintain them and return them in the same condition as when you started renting.

11. ALTERATIONS

11. ALTERATIONS: Resident shall not make, or allow to be made, any alterations, installations, repairs or redecoration of any kind to the Premises without prior written permission of Management, provided, however, that notwithstanding such consent, Resident agrees that all alterations including, without limitation, any items affixed to the Premises, shall become the property of Management upon the termination of this Agreement. This includes, but is not limited to, ceiling fans, mini blinds, carpeting, fencing, lighting fixtures, shrubs, flowers, etc. Removal of these items shall be considered theft subject to civil and criminal prosecution.

You can’t make changes to the premises without written permission. And, even if we do given you written permission to make changes, the changes you make must remain with the premises even after your lease ends. You don’t get to keep them or remove them (that would be stealing). Examples include but are not limited to things like ceiling fans, mini blinds, carpeting, fencing, lighting fixtures, shrubs, flowers, etc.

12. USE

12. USE: The Premises shall be used for residential purposes only and shall be occupied by the undersigned _______ adult(s) and their _______ children as named in the original application to rent, only. Occupancy by guests staying over 14 days will be considered in violation of this Agreement and additional monthly rent of $100.00 per person shall be due, chargeable from the beginning date of this Agreement, unless prior written consent is given by Management. The Premises shall be used so as to comply with all state, county, and municipal laws and ordinances and shall be kept in a clean and orderly condition. Resident shall not use the Premises or permit it to be used for any disorderly or unlawful purpose, including without limitation, the possession or use of illegal substances, or illegal use of alcohol, or in any unreasonable manner so as to interfere with neighbors. Resident shall be responsible and fully liable for the conduct of Resident’s guests. Acts of guests in violation of this Agreement or Management’s rules and regulations may be deemed by Management to be a breach by Resident.

You’re only going to have this number of adults and children living on the premises and specifically the ones that filled out on the application.

As an aside, please remember that we personally require and suggest all Nomads require that each person over age 18 fill out a separate application and go through the entire tenant screening process.

If you plan on having a guest stay more than 14 days, please get written permission first. Guests staying more than 14 days without written permission ahead of time will required additional rent of $100 per month going back to the beginning of the agreement.

In some cities, there are strict rules about how many people can live in a property.

You mustn’t do anything that violates any state, county, and municipal laws and ordinances and you need to keep the house in a clean and orderly condition.

Don’t do anything to disturb the neighbors; if they complain, that’s a problem.

You nor your guests can have any illegal substances on the property at anytime… that includes marijuana which is still illegal federally.

I’d personally like to see us add federal laws here to make it clear about the use of marijuana (which we do not allow while it is still illegal nationally).

Here’s an example of this filled in.

12. USE: The Premises shall be used for residential purposes only and shall be occupied by the undersigned 2 adult(s) and their 2 children as named in the original application to rent, only. Occupancy by guests staying over 14 days will be considered in violation of this Agreement and additional monthly rent of $100.00 per person shall be due, chargeable from the beginning date of this Agreement, unless prior written consent is given by Management. The Premises shall be used so as to comply with all state, county, and municipal laws and ordinances and shall be kept in a clean and orderly condition. Resident shall not use the Premises or permit it to be used for any disorderly or unlawful purpose, including without limitation, the possession or use of illegal substances, or illegal use of alcohol, or in any unreasonable manner so as to interfere with neighbors. Resident shall be responsible and fully liable for the conduct of Resident’s guests. Acts of guests in violation of this Agreement or Management’s rules and regulations may be deemed by Management to be a breach by Resident.

13. CARBON MONOXIDE AND SMOKE DETECTORS

13. CARBON MONOXIDE AND SMOKE DETECTORS: Resident acknowledges the presence of a working carbon monoxide alarm and a working smoke detector in the Premises, and agrees to test the devices weekly for proper operation, and further agrees to replace any batteries (if so equipped) when necessary. Resident further acknowledges that Resident understands how to test and operate the devices in the Premises. Resident also agrees to repair or replace, at Resident’s expense, any inoperative carbon monoxide alarm or smoke detector immediately should it fail to operate properly during any test.

For your health, safety and well-being we provide both working carbon monoxide detectors and smoke detectors. You acknowledge that they are in the premises and working.

Now… you will want to check them weekly for proper operation and replace the batteries (if there are batteries) as needed. Since they are working now, if they stop working while you’re living there, you need to run to a hardware store and replace them if they fail during a test.

14. RULES AND REGULATIONS

14. RULES AND REGULATIONS:

Here are the rules and regulations for living in the premises. I’d like to summarize some of them for you, but please do take time to read them all.

a. Locks and Burglar Alarms: Resident is prohibited from adding locks to, changing or in any way altering locks installed on the doors of the Premises without written permission of Management. If the addition or changing of such locks is permitted, it is mandatory that Resident shall immediately provide Management with keys to such locks. Resident is prohibited from installing a burglar alarm, changing or in any way altering any existing burglar alarm installed on the Premises without written permission of Management. If the installation or changing of such burglar alarm is permitted, it is mandatory that Resident shall immediately provide Management with all codes to such burglar alarm. Resident agrees that Management is not liable for any unauthorized entry into dwelling of any kind whatsoever.

If you’re going to do anything to the locks or alarm system, you need permission. And, if after getting permission, you do alter the locks or alarm system, you need to provide me new keys and codes immediately.

b. Utilities: Resident is responsible for prompt payment of all utilities, to include potable and not-potable water, sewage, garbage collection, satellite and cable TV, electricity, gas, local telephone service; even if the bills remain in Management’s name. Failing to pay the utility bills will be a default and a violation of this Agreement. Any installation costs are the responsibility of Resident. Installation of any antennae, dish, or wall jacks, telephone or cable installation are not to be done without prior written approval of Management, and shall remain with the Premises. Unless otherwise directed by Management, Resident shall place all utilities in Resident’s name effective on Commencement Date, and shall provide that utility suppliers shall send notification to Management of any failure of payment by Resident that may result in termination of service. If Resident fails to timely pay utilities, Resident shall pay as additional rent $35.00 for each notice of non-payment received by Management, and if discontinuance of service occurs due to failure to pay, then Resident shall also pay additional rent of $100.00, and all costs and damages incurred by Management as a result of such discontinuance of service. Management is not responsible for any interruption of utility services.

You’re responsible for all utilities on the premises even the ones that stay in my name. For all the utilities that go in your name they will go in your name on the Commencement Date but have them notify me if there is any failure to pay or possible terminate of service so that I receive those as well. If you don’t pay any of them, you’ll be in default of this agreement and there will be an additional rent of $35 for each notice of non-payment. If they discontinue service, there is additional rent of $100 plus all costs and damages I incur because of the discontinuation of service. You’ll need written permission to have any type of antennae, dish or wiring installed and once you get that permission, it will be done at your expense.

c. Telephones: Resident agrees to immediately notify Management of any change of home, work, or cellular phone numbers during the term of this Agreement.

You must keep me updated if you change any telephone numbers so I know how to contact you.

d. Storage: No goods or materials of any kind or description which are combustible or would increase fire risk shall be stored on the Premises. Any storage shall be at Resident’s risk and expense; Management shall not be responsible for any loss or damage.

This tells you not to store anything dangerous on the Premises.

e. Walls: No nails, screws or adhesive hangers except standard picture hooks, shade brackets and curtain rod brackets may be placed in walls, woodwork, or any part of the Premises.

Don’t attach or hammer anything to the walls except small picture hooks.

f. GOOD HOUSEKEEPING IS EXPECTED OF EVERYONE: Resident agrees to keep the Premises in a clean and sanitary condition, and to promptly remove any trash or rubbish as it accumulates.

This says you need to keep the house clean and neat.

g. Pest control: Resident must notify Management in writing of any pest problem within 7 days following delivery of possession of the Premises. If no such notice is given, Resident agrees that the Premises are free of pests upon occupancy. Resident agrees to provide and pay for all pest control thereafter needed, and any infestation shall, at the option of Management, constitute a default of this Agreement.

Within 7 days of Commencement Date you must let me know in writing if there is a pest problem so that I can get it taken care of. After 7 days, you agree that there are no pest issues and that you’re responsible to pay for pest control after that. If the premises gets infested and you don’t take care of it, I can consider you in default of this agreement.

h. Filters: Resident agrees to replace the furnace, air conditioner, and vent filters every month at Resident’s expense. Resident understands that dirty filters interfere with the performance of the heating/air conditioning system, and that monthly replacement of dirty filters is essential to the continued functioning of the system. Any repairs to the heating or cooling system necessitated by dirty filters due to Resident’s failure to comply with this lease provision will be charged to Resident as additional rent.

You are responsible for replace the filters for the furnace and AC each month. You can get new ones at Home Depot, Lowes, Ace Hardware or just about any hardware store. Just go buy 12 of them so you have them on hand. Dirty filters can cause the furnace or AC to break down and if we need to have the furnace or AC repaired because you did not change the filters every month, you will be charged additional rent to pay for that repair.

i. Carbon Monoxide and Smoke Detectors: Resident shall keep carbon monoxide and smoke detectors in working order, including replacing the battery as needed. Resident accepts any liability associated with the use and upkeep of all such devices and understands how to and agrees to test same.

As I mentioned before, you do need to keep the carbon monoxide and smoke detectors working and replace the battery as necessary and you understand how to test them and how they work.

j. Heaters and Burners: Resident agrees not to use any form of kerosene, propane, or charcoal space heater, or camp stove, grill or other similar device in the dwelling.

Don’t use any kerosene, propane or charcoal space heaters; camp stoves; or grills inside.

k. Water beds: Resident shall not have or keep any water bed in the dwelling without prior written permission of Management, which Management may, at its sole discretion, permit or deny. If permitted, in addition to any other conditions for permission, a waterbed insurance policy with coverage acceptable to Management, paid by Resident, with Management listed as loss payee is required.

We usually don’t allow waterbeds, but if you have a really good reason to have one, you need to get written permission and provide us proof of additional insurance to cover possible damage from the waterbed before getting one.

l. Vehicles: Vehicles shall NOT be parked on lawn at any time. Uninsured vehicles, vehicles without current registration, and non-operative vehicles are not permitted on Premises. Any such vehicle may be removed by Management at the expense of Resident, for storage or for public or private sale, at Management’s option, and Resident shall have no right of recourse against Management for such action.

Don’t drive or park any vehicles on the grass at any time for any reason. You can’t keep uninsured and/or unregistered and/or inoperative vehicles on the premises. If there are any, we will need to have it removed at your expense.

m. Yard care: Resident will be responsible for maintaining the lawn, bushes, and trees in a neat and attractive manner. If not cared for, Management has the right to have this done professionally and Resident herewith agrees to pay the cost for same. If a sprinkler system is installed, Resident is responsible for having it winterized and turned on for the summer season at their own expense, and shall be liable for additional rent in the amount of any damages caused by failure to do so.

You’re responsible for taking care of the lawn and landscaping. If you don’t do it, we will need to hire a professional and charge you for it.

If there is a sprinkler you need to have it winterized so it doesn’t freeze and then turned back on for the summer at your own expense. If you don’t winterize it, it will very likely freeze and you’d be responsible to repair it so it is important for you to have it winterized.

n. Snow Removal: Resident agrees to remove snow from all sidewalks and driveway as needed. Resident agrees to NOT use salt, calcium chloride or any other ice melting or similar products on any concrete or cement surface on the premises, and shall be liable for additional rent in the amount of any damages caused by failure to do so.

You’re requires to remove snow from all the sidewalks around the premises and the driveway. Don’t use salt, calcium chloride or other ice melting products. This will damage the concrete and you will be responsible for damages. Instead use non-clump kitty litter.

o. Gutters: Resident shall have gutters cleaned each fall or more frequently as needed.

Leaves will fall from the trees and fill up the gutters. When the gutters are full, they can overflow and do damage to the premises. You need to clean the gutters out in the fall or more frequently if needed.

p. Basements: Management in no way warrants any basement against any leakage of any kind at any time.

Basements can be damp and from time to time get water in them or flood. Make sure you have insurance.

q. No Smoking: Resident covenants and agrees that no smoking of any substance will be conducted inside the Premises or within 20 feet of the building. This includes any attached deck, covered deck, patio or other structures, even if they are outside. Violation of this provision shall in itself be cause for retention by Management of the entire damage deposit. Resident acknowledges that smoking shall cause Management to incur expenses to remedy which are not now capable of being determined with accuracy, and retention of the damage deposit is a reasonable amount of liquidated damages; and if the damage deposit is not sufficient to cover the actual costs incurred by Management, then Management may also recover from Resident the additional actual costs.

This is a pretty serious one. No smoking of any kind inside or within 20 feet of the building by you or any guest… that includes on decks, patios or other structures even if you’re outside. If you do it—even once—you forfeit your entire damage deposit plus if it costs us more than that to remediate you’re responsible for that as well.

r. Associations/Governmental Assessments: Should the Premises described herein be a part of a common interest community, homeowners association planned unit development, condominium development (hereinafter referred to as the “Association”) or such, Resident hereby agrees to abide by the Governing Documents (INCLUDING Declarations, Bylaws, Articles, Rules and Regulations) of such project and further agrees to be responsible for any fines or penalties levied as a result of failure to do so by Resident, Resident’s family, licensees or guests. Noncompliance with the Governing Documents shall constitute a violation of this Agreement. Unless billed directly to Resident by the Association, such fines shall be considered as an addition to rent and shall be due along with the next monthly payment of rent. Management will provide a copy of the applicable Governing Documents upon Resident request. If any Federal, State, City, or any other governmental entity imposes any fee, assessment, or similar charge against the Premises during the term of this contract, said fee, assessment, or similar charge shall be considered additional rent to be paid by the Resident.

You need to follow the rules of the HOA, State, city and other similar entities. If the HOA, city or other entity imposes a fee, assessment or similar charge for violating any rules you’re responsible for that as additional rent.

You should probably give the Resident a copy of the Governing Documents so they know the rules they need to follow.

s. No Disturbances: Resident shall not cause or allow to be caused unreasonable noise and offensive odors, and shall not engage, or allow others residing in or visiting the Premises to engage, in unreasonable conduct that disturbs, annoys, endangers or inconveniences other residents of the Premises or neighbors.

Be a good neighbor. Don’t make unreasonable noise, offensive odors… this applies to you and your guests.

t. Water/Mold: Resident is responsible for ANY and ALL water damage arising from Resident’s occupancy of the Premises; this includes but is not limited to: overflowing sinks, drains, tubs, washing machines, washing machine hoses, toilets, clogs in toilets, water from defrosting freezer, or window air conditioners, windows left open or any other water damage whatsoever, or failure of the Resident to use the exhaust fan or other venting while bathing or cooking. Resident’s responsibility includes any mold caused by excessive moisture.

You’re responsible for ANY and ALL water damage during your occupancy like overflowing sinks, drains, tubs, washing machines and their hoses, toilets, clogs, air conditioning units, windows left open, bot using the fans in the bathroom or kitchen and so on. Even small water issues can become big, costly repairs like mold so address this immediately.

If you get mold from excessive moisture, you’re responsible for that as well.

u. Illegal Substances and Acts: Resident shall not, on the leased Premises (including common areas appurtenant thereto), possess, consume, traffic, nor transfer title of possession of, nor arrange or conspire for the possession, consumption, trafficking or transfer of, any substance under circumstances which would be contrary to any applicable local, state, or federal law. There shall be no illegal use of alcohol on the Premises, nor shall there be any other illegal acts about the Premises. Upon complaints of illegal activity, the Premises may be inspected and searched at any time without notice by Management and/or any law enforcement officer(s) upon Management giving consent. Breach of this term shall, at Management’s option, work an instant termination of this Agreement.

No illegal substances of any kind on the premises. Marijuana is still illegal federally, so you cannot use Marijuana on the premises at all by you or guests.

v. Attics: Resident shall not at any time enter, or store any items in attic spaces.

Do not enter or store items in the attic spaces.

w. Roof: Resident shall not cause any penetration of the roofing, and shall not at any time be upon, or allow others to be upon, the roof.

Do not do anything to the roof… don’t go up there and don’t allow anyone else up on the roof.

x. Freeze Prevention: Resident shall maintain at all time the interior temperature of the Premises at no less than 55 degrees Fahrenheit, including all times that Resident is away; and shall not leave windows and doors open in cold weather while Resident is absent from the Premises. Resident shall be liable for all damages caused by pipes freezing.

Don’t ever let the temperate in the house to go below 55 or your risk pipes freezing which can cause very expensive damage… which you’d be responsible for. Don’t leave windows or doors open in cold weather… this too can freeze pipes and cause very expensive damage which you’d be responsible for.

y. Notice of Planned Absence: Resident shall give Management written notice in advance of any absence from the Premises longer than two weeks, and shall include contact information for Resident during such absence, and the name and contact information for any person Resident will have maintaining the Premises during the absence.

If you’re going to go away for more than 2 weeks, you need to give me written notice including your contact information during your absence and the contact info of the person who will be maintaining the premises while you’re away.

z. Drains: Resident shall not place, or allow to be placed, materials in drains that will cause blockages or damage to the plumbing system.

Don’t put stuff down the sink or toilet that can cause a blockage or damage.

aa. Rental Priority: Resident is to pay rentals and other amounts owing under this Agreement first, then utilities, then other bills. Resident is responsible for making payment on time each month, and there are no exceptions or conditions which excuse this responsibility, including personal circumstances or problems with other occupants. Management does not negotiate or mediate disputes among occupants.

Pay rent and other amounts under this agreement first. Then pay utilities and other bills. Make payments on-time each month… there are no exceptions, conditions or personal circumstances including any issues with other occupants that allow you to pay late.

We do not mediate or negotiate disputes with other occupants.

bb. Candles: No candles or other open flame devices are to be burned inside the Premises or on any patio or porch area with flammable materials.

No candles or open flames are allowed inside or on patio, deck or porch area at any time.

cc. Furniture: No furniture designed for indoor use shall be placed or allowed to remain outside the interior of the Premises. No “couch surfing” is allowed.

Do not put indoor furniture outside at any time.

dd. Security: Doors and windows should be secured and locked as appropriate to prevent trespass and vandalism. If trespass or other illegal activity occurs, immediately contact law enforcement.

Keep doors and windows secured and locked as appropriate to prevent people from trespassing and vandalizing the premises. If anyone trespasses or other illegal activity occurs, call law enforcement immediately.

15. PETS

15. PETS: No pets, birds, fish, or other animals of any kind, permanent or visiting, indoor or outdoor, shall be permitted on the Premises without prior written consent of Management. Any such pets, if allowed, requires the payment of a non-refundable pet fee of $____________ per pet, plus additional rent of $_________ per pet per month. (This amount is included in the monthly rent set forth in Section 3 above for any authorized pets listed below in this paragraph). In no instance will more than two (2) pets be allowed. Authorized pets must be listed below. By this listing, Resident agrees to be fully liable for damages and injuries to Premises and/or people which might be caused by pets. Resident agrees that if said pets should at any time become annoying, bothersome, or in any way a nuisance to neighbors, Resident will, upon notice of Management, immediately remove said pets from the Premises. Any unauthorized pets found on the Premises shall be removed by Resident and above stated pet fees, retroactively to the date of this Agreement, shall be paid immediately to Management. The Resident accepts all responsibility for said pet and its actions, and holds the Management harmless from any claims against the pet. The Resident agrees not to leave the pet(s) unattended for any unreasonable periods of time and to pick up droppings from the pet daily. Only the pets listed herein are authorized on premises (name(s) and description(s)): _______________________________________.

You need to get written permission, pay a non-refundable pet fee and monthly pet rent to have pets. The maximum number of pets we would grant permission for is 2.

You are fully liable for damages and injuries to the premises and people caused by pets.

If your pet becomes annoying, bothersome or, in any way, a nuisance to neighbors, you will immediately remove pets from premises.

If any unauthorized pets are discovered—including even temporary visiting pets from guests—you will need to immediately remove these pets from the premises and the non-refundable pet fee and pet rent will immediately be due retroactively back to the start date of the agreement.

If you do have permission to have a pet, it will be listed here and you are responsible for cleaning up after your pet daily.

Here’s an example of this section filled in with no pets.

15. PETS: No pets, birds, fish, or other animals of any kind, permanent or visiting, indoor or outdoor, shall be permitted on the Premises without prior written consent of Management. Any such pets, if allowed, requires the payment of a non-refundable pet fee of $375.00 per pet, plus additional rent of $85.00 per pet per month. (This amount is included in the monthly rent set forth in Section 3 above for any authorized pets listed below in this paragraph). In no instance will more than two (2) pets be allowed. Authorized pets must be listed below. By this listing, Resident agrees to be fully liable for damages and injuries to Premises and/or people which might be caused by pets. Resident agrees that if said pets should at any time become annoying, bothersome, or in any way a nuisance to neighbors, Resident will, upon notice of Management, immediately remove said pets from the Premises. Any unauthorized pets found on the Premises shall be removed by Resident and above stated pet fees, retroactively to the date of this Agreement, shall be paid immediately to Management. The Resident accepts all responsibility for said pet and its actions, and holds the Management harmless from any claims against the pet. The Resident agrees not to leave the pet(s) unattended for any unreasonable periods of time and to pick up droppings from the pet daily. Only the pets listed herein are authorized on premises (name(s) and description(s)): no pets allowed.

Here’s an example of this section filled in with a dog.

15. PETS: No pets, birds, fish, or other animals of any kind, permanent or visiting, indoor or outdoor, shall be permitted on the Premises without prior written consent of Management. Any such pets, if allowed, requires the payment of a non-refundable pet fee of $375.00 per pet, plus additional rent of $85.00 per pet per month. (This amount is included in the monthly rent set forth in Section 3 above for any authorized pets listed below in this paragraph). In no instance will more than two (2) pets be allowed. Authorized pets must be listed below. By this listing, Resident agrees to be fully liable for damages and injuries to Premises and/or people which might be caused by pets. Resident agrees that if said pets should at any time become annoying, bothersome, or in any way a nuisance to neighbors, Resident will, upon notice of Management, immediately remove said pets from the Premises. Any unauthorized pets found on the Premises shall be removed by Resident and above stated pet fees, retroactively to the date of this Agreement, shall be paid immediately to Management. The Resident accepts all responsibility for said pet and its actions, and holds the Management harmless from any claims against the pet. The Resident agrees not to leave the pet(s) unattended for any unreasonable periods of time and to pick up droppings from the pet daily. Only the pets listed herein are authorized on premises (name(s) and description(s)): one black lab weighing approximately 60 pounds named Rex.

16. PROPERTY LOSS & LIABILITY

16. PROPERTY LOSS & LIABILITY: Management shall not be liable for damage, theft, vandalism, or other loss of any kind to Resident’s personal property or the personal property of Resident’s family members or guests. Management shall not be responsible or liable for any injury, loss or damage to any person or property of Resident or any other person.

I am not responsible for any injury, damage, theft, vandalism or loss of any kind to anyone.

17. RENTERS INSURANCE

17. RENTERS INSURANCE: Resident acknowledges that any insurance of Management or Owner (as defined in this Agreement) does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall Management or Owner be held liable for such losses, and Resident waives all claims against Management and Owner arising in connection therewith. Resident agrees to purchase comprehensive casualty and liability insurance, known as a Renter’s Insurance Policy, against all perils, including but not limited to insurance on personal property or property of other persons from protection from loss due to or caused by, including without limitation, theft, vandalism, bursting or breaking pipes, by or from fire, windstorm, hail, flooding, leakage, steam, snow or ice, by or from running water, backing up of drainage pipes, seepage, or the overflow of water or sewage on the Premises. Said policy shall include property damage coverage in an amount of $500,000.00 minimum and liability coverage of $500,000.00 minimum. The policy shall contain a waiver of subrogation claims against Management and Owner. Upon request of Management, the policy will include Management and Owner as an additional insured.

My insurance covers me. It does not cover you or any of your property that might be damaged by fire, theft, rain, war, acts of God, acts of others, etc. I will not be responsible if something happens to you or your stuff, so you need to get your own Renter’s Insurance Policy. This policy should insure all your stuff and property damage up to, at a minumum, $500,000.00 and will name me as additional insured.

Please provide me a copy of this insurance policy.

18. LEAD AND/OR ASBESTOS CONTAINING MATERIALS

18. LEAD AND/OR ASBESTOS CONTAINING MATERIALS: If Premises was constructed prior to January 1, 1978 it may contain lead and/or asbestos containing materials. This shall serve as notice that this Premises was constructed in approximately ______. Resident may have Premises tested for lead and/or asbestos levels prior to occupancy. Should Resident determine that the levels of lead or asbestos are unacceptable to Resident, Resident may void this Agreement prior to taking possession of Premises, but not later than three (3) days after entering into this Agreement with Management. Resident herewith acknowledges receipt prior to signing this Agreement, of the federal pamphlet “Protect Your Family From Lead in Your Home” and the lessor’s disclosure form attached hereto and made a part hereof by reference.

You have the right to have the premises tested for lead-based paint. I have/have no knowledge of lead-based paint on the premises. If you test and find the levels to be unacceptable, you can void this Agreement before you take possession as explained here.

This is a sample of this section filled out.

18. LEAD AND/OR ASBESTOS CONTAINING MATERIALS: If Premises was constructed prior to January 1, 1978 it may contain lead and/or asbestos containing materials. This shall serve as notice that this Premises was constructed in approximately 2001. Resident may have Premises tested for lead and/or asbestos levels prior to occupancy. Should Resident determine that the levels of lead or asbestos are unacceptable to Resident, Resident may void this Agreement prior to taking possession of Premises, but not later than three (3) days after entering into this Agreement with Management. Resident herewith acknowledges receipt prior to signing this Agreement, of the federal pamphlet “Protect Your Family From Lead in Your Home” and the lessor’s disclosure form attached hereto and made a part hereof by reference.

19. ASSIGNMENT AND SUB-LETTING

19. ASSIGNMENT AND SUB-LETTING: Resident shall not assign this Agreement or sublet the Premises or any part thereof without the prior written consent of Management, which consent may be withheld in Management’s sole and absolute discretion. Consent by Management to one such assignment or sublet shall not be deemed to be consent to any subsequent assignment or sublet. An assignment or sublet without the prior written consent of Management shall be null and void and Management may treat such attempted assignment, sublet or license as a material breach of this Agreement.

You can’t just assign this agreement to someone else or sublet the premises to another party. We need to give you written permission and approve the new party if they qualify. This requires additional work.

In order for Management to consider any assignment of this Agreement or sublet of the Premises, Resident must provide the following to Management:

This is the list of stuff we’ve need to see if we’d accept an assignment or sublet.

(i) Completed assignment and sublet forms as may be required by Management, signed by Resident;

You’d need to complete assignment and sublet forms.

(ii) Assignment or subletting fee of $400.00;

You’d need to submit a $400.00 fee.

(iii) Completed application for potential Resident(s). The Management in its sole discretion may decline to allow assignment or subletting to any person;

We’d need applications of the new potential residents for us to approve. Approval is not automatic nor guaranteed; they must qualify in our sole discretion.

(iv) Non-refundable application fee of $30.00 for each proposed new Resident;

Each applicant must pay a $30.00 application fee so we can run credit and background checks.

(v) Security deposit payment in an amount required by Management; and

The new residents must pay a full security deposit.

(vi) Payment of rent for the month next coming due.

and, the rent for the next month must be paid in full.

Any assignment of this Agreement or sublet of the Premises shall not relieve Resident of further liability for rent, utilities or condition of Premises. Resident understands that upon approval by Management of Resident’s assignment or sublet, Resident will no longer have a right to occupy the Premises, but will remain jointly and severally liable for the remaining lease term unless otherwise agreed to in writing. Subject to Management’s right to retain all or any portion of Resident’s damage deposit, as elsewhere provided in this Agreement, any portion of such damage deposit to be returned shall be returned within 30 days following the effective date of Management’s approval of the new Resident(s).

You will no longer be able to occupy the premises, but you will remain responsible if the new resident does not pay for the remainder of your lease term. We will return any deposit due to you within 30 days as outlined in this section.

20. CASUALTY

20. CASUALTY. Management shall have no responsibility whatsoever for loss or damages caused by fire, water, or other casualty. If the Premises are damaged by fire or other casualty, Resident shall immediately give notice to the Management of such casualty, and Management shall have the right in its sole discretion to elect to repair the Premises or to terminate this Agreement upon written notice to Resident. Such notice shall be given within 30 days after Resident gives notice to Management of such fire or other casualty. If the Management elects to repair, and the casualty is not attributable in whole or part to the negligence or intentional act of Resident or Resident’s guests or occupants, an appropriate abatement of the rent shall be allowed until repairs are substantially completed. If Management elects to repair, Management shall undertake and complete such repairs with due diligence, and if such repairs are not commenced within 90 days after the fire or other casualty, and diligently pursued to completion thereafter, as the sole and only remedy of Resident, Resident may terminate this Agreement as of the date of such damage by giving forty-five (45) days prior written notice of termination to Management. Resident shall immediately vacate the Premises upon termination of this Agreement.

We are not responsible for any damage from fire, water, etc. If you have any damage, let us know immediately. We have the right to repair the premises or terminate the agreement with written notice to you. This section describes what happens in that scenario.

21. HOLDING OVER

21. HOLDING OVER: Should the Resident hold over on the Premises after expiration of the initial term or any extensions of this Agreement and with the consent of Management, the possession shall not be construed as a renewal for the same term, but shall be construed as a month to month tenancy in accordance with the terms hereof, as applicable. There shall be no renewal of this Agreement by operation of law. The monthly rental rate during such period shall be at a rate 110% that of the monthly rental payment applicable at the time of expiration of the term of this Agreement.

If you don’t sign a new lease, but do happen to stay in the premises the rent will be month-to-month and 10% higher than the rent in this agreement.

22. RIGHT OF ACCESS

22. RIGHT OF ACCESS: Management may enter the Premises without notice to Resident for inspection and maintenance during reasonable hours. Management shall attempt to notify Resident of the need for access, but has no obligation to do so. If locks have been changed without providing Management with a key, Management may forcibly enter without being liable for damage or unlawful entry. In case of emergency, or if Management has reasonable grounds to believe that Resident is not maintaining the Premises properly or a condition exists which may damage the Premises or affect the safety of the Premises, or cause Management to suspect that Resident is violating the terms of this Agreement, Management may enter at any time. Resident hereby consents and authorizes Management to allow law enforcement personnel, to enter and search the Premises if illegal activity is suspected. During the last sixty (60) days of occupancy, or upon notification of intent to vacate, Management may place a sign on the Premises and may install a lock-box and show the Premises during reasonable hours.

I will try to notify you if I need to access the premises, but if needed I can access the premises without notice for inspection and maintenance during reasonable hours. Remember, you’re required to give me keys if locks are changed so if I have not been given a key for some reason, I can forcibly enter.

If there is suspicion of breaking the rules of the lease or the law and/or for health and safety reasons either I or law enforcement personnel can enter and search the premises.

And, during the last 60 days of occupancy (or if you give me an intent to vacate) I may place a sign on the premises, install a lock-box and show the premises during reasonable hours.

23. RESIDENT DEFAULT

23. RESIDENT DEFAULT. It is expressly understood and agreed that in addition to any and all other remedies of Management, if the Resident abandons the Premises, or rent owing or other charges or any part thereof, shall be in arrears, or if default shall be made in any of the covenants or agreements herein contained, to be kept by the said Resident, or if Resident is named as debtor in proceedings in bankruptcy, or if any facts contained in Resident’s application are untrue or misleading, then, upon the happening of any of said events, in addition to all other rights and remedies available to Management under this Agreement and those otherwise provided by law, Management shall be entitled to recover from Resident all damages and expenses incurred by Management, and may exercise any or all of the following rights:

If you don’t follow the terms of the lease or don’t pay rent or other charges, I can collect those from you…

23.1 Without being obliged to do so, to terminate Resident’s rights of possession and, as provided by law, to enter into and retake the said Premises, or any part thereof, either with or without declaring the term of this Agreement ended, and the said Premises again to repossess and enjoy, as in the first and former estate of the said Management; and to rent the same for such rent, and upon such conditions as Management may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs. All rentals for the remainder of the Agreement term will be accelerated automatically without notice or demand (before or after acceleration) and will be immediately due and delinquent. Resident shall be liable for immediate payment of such accelerated balance of the rent herein reserved and all other charges and costs for which Resident is responsible for the remaining balance of the full Agreement term, whether or not Management has elected to terminate this Agreement. Management will exercise reasonable and prudent diligence to relet the Premises, and will credit subsequent rent actually received against the Resident’s liability for future rentals that have been accelerated. If judicial proceedings result in a judgment to be entered against Resident, Management shall be entitled to judgment based upon the foregoing acceleration of rental, with any subsequent rents received during the time for which rentals were accelerated to be applied and credited towards such judgment, or if the judgment is previously fully satisfied, then to reimbursement of the Resident. Termination of Resident’s possession right and subsequent reletting of the Premises does not release the Resident from liability for the accelerated rental and other lease obligations of the Resident. Management may still accept payment of rental or other sums due after Management has given Resident notice to vacate and after Management has initiated court proceedings for eviction and entry of monetary judgment, and such acceptance does not waive or diminish Management’s rights or Resident’s obligations and does not constitute a cure by Resident or waiver of Management’s rights and claims and Management shall be entitled to initiate and continue with all court proceedings and recover the premises and sums owing notwithstanding such acceptance of payments.

Plus, we can take back possession of the premises and rent it to someone else. Anything you owe will be immediately due. If we are able to rent it to someone else, the rent we receive will be credited towards what you owe. We can accept partial payment toward what you owe even if you’re vacating the premises and that does not waive our rights and claims to the full amount.

23.2 Management shall also have, without in any way being obliged to do so, the right to immediately remove any property of Resident and to throw away or otherwise dispose of such property, or store the same at Resident’s expense and in Resident’s name, which expenses shall be deemed to be additional rental, and Resident hereby grants to Management a lien on such property for all amounts due to Management, and it is agreed that Resident hereby waives: (i) any notice of the assertion of such lien; and, (ii) demand for payment; and, (iii) commencement of any judicial action; and, (iv) service of process. Management shall have ninety (90) days from the last date on which any rental, costs, or expenses payable by Resident (including storage costs) comes due, or the maximum period otherwise provided by law if greater, within which to commence any suit to foreclose such lien. Notwithstanding the foregoing, any property of Resident which remains in the Premises upon the recovery of possession of the Premises by Management, or which is removed by Management hereunder, shall be conclusively deemed abandoned by Resident if it is: (i) placed outside the Premises pursuant to execution of a writ of restitution and is not removed within 1 hour; or (ii) if stored by Management and Resident has failed to contact Management within thirty (30) days from the date upon which Management gained possession of the Premises, or Resident vacated the Premises, whichever event first occurs, and Management shall be entitled to throw away, sell, or otherwise dispose of such property, without commencement of any court action for lien foreclosure or otherwise, and without notice to Resident. Resident hereby waives any claims or rights of exemption from lien, attachment or collection for any such property, whether such exemption is provided by state or federal law now or hereafter enacted. Resident further releases and waives any claims against Management and Management’s agents for loss or damage of whatsoever nature arising in connection with Management’s exercise of Management’s rights hereunder. Resident acknowledges that: (i) Management has no duty to inventory, store or maintain Resident’s personal property, or determine care or condition of such property; (ii) if Management stores any of such property, Management may charge for such storage and no bailment is created by such storage, and Management is immune and released from liability for any loss or damage to such property; and (iii) Management may deal with the property as above described.

Please don’t leave personal property at the premises if you’re in default. If you leave personal property on the premises, we have the right to remove that personal property, throw it away or otherwise dispose of it. I am not required to inventory it, determine or provide special care for it. And, I am not responsible if it is lost or stolen. Or, we can choose to store it at your expense and have a lien against your personal property for all amounts owed.

These remedies in this section 23 are in addition to all other remedies of Management. Resident shall, in addition to all other obligations of the Resident for default, pay Management a $75.00 fee as additional rent for any notice of default of this Agreement sent by Management, or any notices or invoices received from any governmental authority due to a violation of any statute, ordinance or rule, or any notice sent from a Homeowner’s Association for violations of the covenants.

These remedies for default are in addition to the other remedies in other parts of this agreement. Further if I need to tell you you’re in default, there is an additional $75 in rent for any notice I send or notices I receive relating to the premises including ones from governments, HOAs, etc.

24. ABANDONMENT

24. ABANDONMENT: If the Premises are abandoned, it shall be a default by Resident and Management may exercise all remedies for default pursuant to this Agreement and any other available by law or equity. For purposes of this Agreement, Resident acknowledges that the Premises shall be deemed to be conclusively abandoned by Resident in the event any of the following occur:

This talks about how we’ll know if you abandon the premises.

(a) Failure to notify Management that the Resident will be absent for more than 2 weeks.

If the premises is vacant for more than 2 weeks and you fail to let me know.

(b) Failure of Resident to keep all utilities current and turned on (except gas in summer months).

If any of the utilities to the premises are turned off.

(c) Failure of Resident to respond to phone calls by Management or phone service is disconnected, or number is changed without written notice to Management, or lack of timely response to Management within 24 hours of written notice left on door of Premises requesting contact with Management when rent is past due.

If you fail to return phone calls or disconnect service to your telephone without written notice to us. Or, if you fail to respond within 24 hours if written notice is posted on premisis when rent is past due.

(d) A physical inspection of the Premises gives the appearance of abandonment, such as, but not limited to, majority of personal property, furniture, or appliances are missing, or food or trash is left out to spoil. Permission is granted for cleaning in the case of spoiled food/trash.

If we inspect the premises and it appears abandoned. For example, if the majority of your personal property, furniture, appliances are missing or if there is food or trash left out to spoil.

(e) A court order is issued requiring any Resident to stay away from the Premises.

If there is a court order requiring you to stay away from the premises.

(f) The Premises are found to be un-secured (i.e. door kicked in). If this occurs, Management will re-secure the Premises, possibly changing the locks, and leave notice of the same. The Resident must contact the Management to get new keys and is responsible for any damage by them attempting to gain access without doing so. This will not be construed as an attempt of Management to deny access.

If the premises is found unsecured. In that case we will secure the premises, change locks and leave notice. You would then need to get new keys and you’d be responsible for any damage in accessing premises.

(g) Failure of Resident to contact Management, within 7 days of posting by Management on the door of the Premises that Management deems the Premises abandoned, and providing within that time evidence satisfactory to Management that abandonment has not occurred.

If you fail to contact me within 7 days of me posting that we deem the premises abandoned and providing evidence that it is not abandoned.

In the event of such abandonment, Management may, in addition to all other remedies available, and without necessity of recourse to court proceedings, take possession of the Premises, dispose of all personal property in the Premises as provided in Section 23.2, change locks, and take all other action as Management deems needed in the circumstances, all without liability of any kind, and Resident waives and releases all claims whatsoever against Management, its attorneys, advisors, agents, and contractors (collectively “Indemnified Parties”) arising from or in connection with the exercise of remedies by Management, and hereby indemnifies, defends, and holds harmless the Indemnified Parties from all claims of Resident and any other person, and for costs and expenses incurred by Indemnified Parties, including but not limited to, attorney fees and court costs.

If the premises is abandoned we can then take possession and dispose of any remaining personal property, change locks, etc.

If Resident removes or attempts to remove any personal property from the Premises other than in the usual course of continuing occupancy, without having first paid Management all monies due, Management shall have the right, without notice, to obtain an injunction to stop removal as Management may assert a lien interest in the personal belongings of the non-paying Resident.

If you try to leave in the middle of the night owing money, we can try to stop that.

25. CROSS DEFAULT

25. CROSS DEFAULT: If Resident has entered into any other agreements concerning Premises and Resident defaults on any provisions of those agreements, then this Agreement shall also be considered in default and, at the option of Management, this Agreement may be voided.

If we have another agreement like an option to buy the premises, there would be separate paperwork for that and if you default under either of the agreements you default on both.

26. EVICTION

26. EVICTION: If rent has not been paid when due, or other default arises, then Management shall automatically and immediately have the right to assert all legal and contractual remedies to enforce this Agreement and, without limitation to any other remedy, may proceed with action for forcible entry and detainer and have Resident and any other occupants and all possessions evicted and removed from Premises. Whenever, under the terms hereof, Management is entitled to possession of the Premises, Resident will surrender same to Management in as good condition as at present and as may have been improved by Management hereafter, ordinary use and wear excepted, and Resident will remove all of Resident’s effects therefrom, and Management may forthwith re-enter Premises and repossess thereof and remove all persons and effects therefrom using such force as necessary without being guilty of forcible entry or detainer, trespass or other tort. Resident is hereby advised that if such action is necessary, a judgment may be rendered against Resident for full damages including rent, eviction costs, and any additional costs. Resident shall also be responsible for the early termination fees as contained in Section 7 of this Agreement. If said costs are not paid as ordered, monies may be collected through garnishment against wages and judgments may be recorded with credit bureaus and may be assigned to a collection agency for collection with said costs of collection being the responsibility of Resident.

Please pay your rent on-time and in full. However, if you don’t pay rent, we can evict you and you will be responsible to pay the cost of the eviction and any movies due. You agree to give us possession of the premises in as good a condition as we’re giving it to you.

27. FAILURE OF MANAGEMENT TO ACT

27. FAILURE OF MANAGEMENT TO ACT: Failure of Management to insist upon strict compliance with the terms of this Agreement shall not constitute a waiver of any violation, nor shall any acceptance of a partial payment of rent be deemed a waiver of Management’s right to full amount.

If we fail to enforce every term in this agreement it does not waive our right to enforce that provision later.

28. REMEDIES CUMULATIVE/ SEVERABILITY

28. REMEDIES CUMULATIVE/ SEVERABILITY: All remedies available to Management under this Agreement or by law or equity shall be cumulative, and any default of any provision by Resident shall entitle Management to exercise all remedies for default wherever contained in this Agreement, including without limitation, those contained in Section 23. In the event that Resident is in default, or in the event any dispute arises in connection with this Agreement or the Premises, Management shall be entitled to all costs incurred in connection with such default or dispute, including reasonable attorney’s fees. In the event a collection agency becomes necessary to collect any accounts due on this Agreement, Resident agrees to pay said commission. If any term or provision of this Agreement or application thereof to any person shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.

We can exercise all our rights in this agreement and in the case of a dispute where we need to hire an attorney we can ask for reasonable attorneys fees as well. If we need to hire a collection agency to collect an overdue account, you will pay the cost of that.

And, if any provision in this agreement found to be invalid or unenforceable, the remainder of the agreement will not be affected.

29. SUBORDINATION

29. SUBORDINATION: Resident agrees that this Agreement shall be subordinate to any deed of trust, mortgage, or ground lease that may now exist or which may hereafter encumber the Premises and to any and all advances to be made thereunder, and all renewals, replacements and extensions thereof. Resident shall execute and deliver whatever instruments may be required by Owner’s lenders for the above purposes, and if Resident fails to do so within 10 days after demand in writing, Resident makes, constitutes and irrevocably appoints Management and Owner as Resident’s attorneys-in-fact in Resident’s name, place and stead to do so. In the event of the sale or assignment of Owner’s interest in the Premises to the beneficiary of a deed of trust or mortgage, or in the event of any proceedings brought for the foreclosure of any deed of trust or mortgage encumbering the Premises, Resident shall attorn to the purchaser and recognize such purchaser as Management under this Agreement. Resident consents to Management’s and Owner’s assignment of rents and of Management’s and Owner’s interest in this Agreement to a secured lender of Management. Resident further agrees, if requested to do so by Management or Owner, that Resident will give to said lender a copy of any request for performance given by Resident to Management or notice of default given by Resident to Management, and if Management fails to cure such default, Resident will give said lender a 60-day period in which to cure the same. Said period shall begin with the last day on which Management could cure such default before Resident has the right to exercise any remedy by reason of such default. All notices to the lender shall be sent by United States certified mail, return receipt requested, postage prepaid.

If we need to refinance the premises, you agree to sign new paperwork if required by lender or allow me to do it for you. If there is a foreclosure, you agree to allow the new lender to become Management in that case and some info on how that works.

30. MANAGEMENT’S PERMISSION OR CONSENT

30. MANAGEMENT’S PERMISSION OR CONSENT: If any provision of this Agreement requires the written permission or consent of Management as a condition to any act of Resident, such written permission or consent may be granted or withheld in the sole discretion of Management and/or may contain such conditions as Management deems appropriate and shall be effective only so long as Resident complies with such conditions. Moreover, any written permission or consent given by Management to Resident may be modified, revoked, or withdrawn by Management at any time, at Management’s sole discretion, upon written notice to Resident.

Written permission is not guaranteed; we can choose whether to approve something or not. Approval may come with additional conditions. We can modify, revoke or withdrawn permission at any time with written notice as well.

31. DELETED

31. DELETED

32. NOTICES

32. NOTICES: Any notice required by this Agreement, except as otherwise set forth shall be in writing and shall be deemed to be given if delivered personally or mailed via first class mail.

Any notice required will be in writing and can be delivered personally or mailed via first class mail.

a. If to Resident, to the Premises or the last known address of Resident;

If I need to send you something I will send it to the premises or your last known address.

b. If to Management, to the address as contained in Paragraph 3.

If you need to submit something in writing, my address is in paragraph 3 above.

33. ACCURACY AND RESPONSIBILITY

33. ACCURACY AND RESPONSIBILITY: Management has relied upon the information contained in Resident’s application to enter into this Agreement. Resident warrants that their rental application is true, complete and accurate. Resident agrees that if Resident has falsified any statement in the rental application, Management has the right to terminate this Agreement immediately and further agrees that Management shall be entitled to retain any damage deposit and any prepaid rents as fair and just liquidated damages. Resident further agrees in the event Management exercises its option to terminate this Agreement, Resident will vacate and remove all occupants and possessions from the Premises within 24 hours of notification by Management. Resident further agrees to indemnify Management and Owner for any damages to Premises including, but not limited to, the cost of making residence suitable for renting to another Resident, and waives any right of “set-off” for the damage deposit and prepaid rents which shall be forfeited as fair and just liquidated damages. It is expressly understood that this Agreement is between Management and each Resident, whom shall always be jointly and severally liable for the performance of every agreement and promise made herein. In the event of default by any one Resident, each and every remaining Resident shall be responsible for timely payment of full rent and all other provisions of this Agreement.

You are confirming that everything on your application is true, complete and accurate. If you provided false, incomplete or inaccurate info we can immediately terminate and keep your damage deposit. You agree you’ll move out within 24 hours if that is the case.

Further, this agreement is with each Resident and each resident will independently be responsible for every agreement promise made herein. If one Resident defaults, each and every remaining Resident will be responsible for the timely payment of the full rent and all other provisions in this Agreement.

34. WAIVER AND INDEMNIFICATION

34. WAIVER AND INDEMNIFICATION: Management and Owner shall not be liable for any damage or injury to Resident or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, INCLUDING, WITHOUT LIMITATION, DAMAGE WHICH IS THE RESULT OF THE NEGLIGENCE OF MANAGEMENT, THE OWNER OR THEIR PRINCIPALS, AGENTS, OR EMPLOYEES. Resident does hereby waive, release, indemnify, and save harmless Owner and Management and their principals, employees, and agents from and against any and all suits, actions, claims, judgments, and expenses of whatever kind and by whomever asserted arising out of or relating to any loss of life, bodily or personal injury, property damage, or other demand, claim or action of any nature arising out of or related to this Agreement or the use of the Premises.

We are not responsible if you or any other person is injured or has damage on the premises.

35. VENUE – TRIAL TO COURT – CONSTRUCTION – SEVERABILITY

35. VENUE – TRIAL TO COURT – CONSTRUCTION – SEVERABILITY: It is expressly agreed that this Agreement is made and entered into in ___________ County, Colorado and is governed by and its terms shall be construed under the laws of the State of Colorado. Any action relating to this Agreement may be brought and prosecuted in the courts of the County of ___________, State of Colorado, and Resident waives any right or claim of right to elect or require action to be brought or maintained, or venue changed, to any other place. Trial of all issues shall be to a judge and Resident waives all right to jury trial of any matter arising under or in connection with this Agreement. If any word, phrase, sentence, clause, section, subsection or provision of this Agreement as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement, and the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement or judicial reaffirmation of the invalid provision.

This section says we agree to the laws of Colorado in this county and if anything is invalid it does not invalidate the entire agreement.

Here’s an example of this section filled out.

35. VENUE – TRIAL TO COURT – CONSTRUCTION – SEVERABILITY: It is expressly agreed that this Agreement is made and entered into in Larimer County, Colorado and is governed by and its terms shall be construed under the laws of the State of Colorado. Any action relating to this Agreement may be brought and prosecuted in the courts of the County of Larimer, State of Colorado, and Resident waives any right or claim of right to elect or require action to be brought or maintained, or venue changed, to any other place. Trial of all issues shall be to a judge and Resident waives all right to jury trial of any matter arising under or in connection with this Agreement. If any word, phrase, sentence, clause, section, subsection or provision of this Agreement as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement, and the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement or judicial reaffirmation of the invalid provision.

36. GENDER

36. GENDER: All references to Resident herein employed shall be construed to include the plural as well as the singular, and the masculine shall include the feminine and neuter where the context of this Agreement may require.

While we may write “he”, it is intended to be all inclusive for both singular and plural and not specifically male.

37. ENTIRE AGREEMENT

37. ENTIRE AGREEMENT: This Agreement and any attached addendum constitutes the sole and entire Agreement between the parties and no representation, promise, or inducement not included in this Agreement, oral or written, shall be binding upon any party hereto. Attachments are the following: (if checked) Move-in Inspection Report; (if checked) EPA Lead Paint Disclosure; (if checked) EPA Lead Paint Pamphlet; (if checked) Disclosure of Information on Lead-Based Paint and Lead-Based Paint, Asbestos, Mold and Radon Hazards; (if checked) Colorado Mold Disclosure; (if checked) Occupancy Limits Disclosure Statement ; (if checked) Cosigner Addendum; (if checked) Pest Control Addendum; Other: ____________________________________________

This is the entire agreement… there are not verbal or side agreements. And these checked attachments are included.

And here’s an example of this filled in.

37. ENTIRE AGREEMENT: This Agreement and any attached addendum constitutes the sole and entire Agreement between the parties and no representation, promise, or inducement not included in this Agreement, oral or written, shall be binding upon any party hereto. Attachments are the following: (if checked) Move-in Inspection Report; (if checked) EPA Lead Paint Disclosure; (if checked) EPA Lead Paint Pamphlet; (if checked) Disclosure of Information on Lead-Based Paint and Lead-Based Paint, Asbestos, Mold and Radon Hazards; (if checked) Colorado Mold Disclosure; (if checked) Occupancy Limits Disclosure Statement ; (if checked) Cosigner Addendum; (if checked) Pest Control Addendum; Other: ____________________________________________

38. ADDITIONAL PROVISIONS

38. ADDITIONAL PROVISIONS: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If there are any additional provisions, we’d enter them here.

39. SALE OF PREMISES

39. SALE OF PREMISES: In the event of a sale or conveyance by Owner of the Premises, other than a transfer for security purposes only, Management and Owner shall be relieved from and after the date of transfer of all obligations and liabilities accruing thereafter on the part of Management, provided that any damage deposit or other payments or funds in the hands of Management at the time of transfer in which Resident has an interest, shall be delivered to the successor of Management. This Agreement shall not be affected by any such sale and Resident agrees to attorn to the purchaser or assignee.

If the premises is sold, your damage deposit will be transferred to the new owner or management and the previous owner and management will have no further obligations or liability. This agreement is not otherwise affected by a sale and will continue.

40. LIMITATION OF MANAGEMENT’S AND OWNER’S LIABILITY

40. LIMITATION OF MANAGEMENT’S AND OWNER’S LIABILITY: It is specifically understood and agreed, such Agreement being a substantial consideration for the execution of this Agreement by the Management, that in the event of any breach by Management of any of the terms covenants and conditions of this Agreement to be performed by Management the sole remedy of the Resident shall be to terminate this Agreement and to recover the lesser of one month’s rent or actual damages, and there shall be absolutely no personal liability on the part of Management and Owner of the Premises, their successors, assigns, agents, representatives, or any mortgagee in possession with respect to any of the terms, covenants and conditions of this Agreement and that if Resident, notwithstanding these provisions, obtains any judgment for damages against Management or Owner, then Resident’s sole remedy shall be to look solely to the equity of Management (if any), or Owner as the case may be, in the premises by the way of judgment lien for the satisfaction of each and every remedy of Resident in the event of any breach by Management of any of the terms covenants and conditions of this Agreement to be performed by Management, or any other claim of any nature of Resident arising in connection with this Agreement or the Premises, such exculpation and limitation of liability to be absolute and without any exception whatsoever. These provisions give Resident no right or claim of any kind to any claim against the Premises, other than by judgment lien after final judgment for an amount as limited above. Resident waives all and any rights to specific performance, injunctive relief, and any other remedy other than as specifically provided by this section.

If we fail to perform on this agreement your sole remedy is to terminate the agreement and recover the lesser of one month’s rent or actual damages.

41. FORCE MAJEUR

41. FORCE MAJEUR: Whenever a period of time is herein prescribed for the taking of any action by Management, Management shall not be liable or responsible for, and there shall be excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war or terrorist acts, governmental laws, regulations or restrictions, or any other cause whatsoever beyond the control of Management, and such nonperformance or delay in performance by Management shall not constitute a breach or default by Management under this Agreement nor give rise to any claim against Management for damages or constitute a total or partial eviction, constructive or otherwise.

There are things outside our control like strikes, riots, acts of God, labor and material shortages, war, terrorist attacks, governmental laws and regulations or restrictions that may delay or prohibit us from doing things. That is not to be considered a breach or default of our agreement.

42. RECOMMENDATION OF LEGAL AND TAX COUNSEL

42. RECOMMENDATION OF LEGAL AND TAX COUNSEL: By signing this Agreement, Resident and Management acknowledge that this Agreement has important legal consequences and have to their separate satisfaction consulted with legal and tax or other counsel before signing this Agreement.

Just like with every legal agreement, you should have this reviewed by your attorney, tax and other counsel.

43. NO RECORDING

43. NO RECORDING: Resident shall not record this Agreement, or any memo regarding this Agreement, in the public records of any public office. Any such recording shall, at the option of Management or Owner, render any claim of Resident to the Premises and any obligation of Management or Owner hereunder void and Management shall retain any money payments, including any damage deposit, paid by Resident as Management’s sole property and Management and Owner shall have the right to recover damages for such breach. Should Resident violate this provision, Resident shall forthwith execute and deliver to Management a quit claim deed to the Premises naming Owner as Grantee. Management shall, in addition to all other remedies, be entitled to specific performance of this Agreement and entry of appropriate restraining orders and injunctions without the requirement of posting any bond or security, and if any security is required by the Court in connection with such orders, Resident shall pay the premium for any bond posted by Management or Owner. Resident shall also be liable to Management and Owner for all costs and expenses, including attorney fees, incurred by Management due to Resident’s violation of this paragraph.

You can’t record this agreement on public record and if you do you agree to provide a quit claim deed.

44. HAZARDOUS MATERIALS AND ILLEGAL SUBSTANCES

44. HAZARDOUS MATERIALS AND ILLEGAL SUBSTANCES: Resident shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. Resident shall not keep on the Premises any illegal substances, as determined by local, state or federal law. For purposes of this section, any cannabis plant or product, including any derivatives thereof containing substances illegal under federal law, and any other substance which is illegal under federal law, even if the same is not illegal under state law, shall be deemed an illegal substance. Management may order or perform a methamphetamine test for the Premises at any time, at Management’s sole discretion. Resident agrees to pay for any such test. In the event that any test discloses that the Premises have been exposed to methamphetamine, Resident shall be responsible for all damages resulting from methamphetamine exposure to the Premises.

Don’t store hazardous, dangerous, flammable, explosive or illegal items on the premises at any time. All marijuana products are still illegal under federal law and therefore not allowed. We reserve the right to test for methamphetamine at any time and if it comes back positive you will be responsible for damages.

45. HOMEOWNER ASSOCIATION DUES

45. HOMEOWNER ASSOCIATION DUES: This paragraph does does not apply:

Homeowner association dues and charges related thereto shall be paid by Resident Management, provided that in all cases of a violation by Resident of the covenants or rules and regulations of any association, Resident shall be solely responsible for all such fines, costs, expenses and attorney fees related thereto and shall hold and indemnify and defend and protect Management from the same, including without limitation, Management’s attorney fees and costs.

This says that we pay the HOA fee, but you must abide by all the rules of the HOA and you’re responsible for fines if you don’t follow the rules.

Here’s an example of this section filled in where there is an HOA and management pays the HOA fee.

45. HOMEOWNER ASSOCIATION DUES: This paragraph does does not apply:

Homeowner association dues and charges related thereto shall be paid by Resident Management, provided that in all cases of a violation by Resident of the covenants or rules and regulations of any association, Resident shall be solely responsible for all such fines, costs, expenses and attorney fees related thereto and shall hold and indemnify and defend and protect Management from the same, including without limitation, Management’s attorney fees and costs.

Here’s an example where there is no HOA.

45. HOMEOWNER ASSOCIATION DUES: This paragraph does does not apply:

Homeowner association dues and charges related thereto shall be paid by Resident Management, provided that in all cases of a violation by Resident of the covenants or rules and regulations of any association, Resident shall be solely responsible for all such fines, costs, expenses and attorney fees related thereto and shall hold and indemnify and defend and protect Management from the same, including without limitation, Management’s attorney fees and costs.

46. CONTACT PERSONS

46. CONTACT PERSONS: Each Resident shall provide Management with the names and contact information of persons not occupying the Premises, who are at least 18 years of age, and are authorized to enter the Premises in the event of Resident’s death or absence for any reason, and to remove all of Resident’s personal property and contents of mailboxes. Resident will update all such information if any change occurs during the term of this Agreement.

You will provide an up-to-date list of everyone occupying the premises who is at least 18 years of age and are authorized to enter in the event you die or disappear. This is someone who would remove your personal property and contents of your mailbox.

47. BENEFITS OF PROMPT PAYMENT

47. BENEFITS OF PROMPT PAYMENT: Paying the rental on time will allow Management to provide favorable reporting to credit bureaus and others seeking references. Failure to timely pay amounts due under this Agreement may be reported to credit rating and reporting entities.

If you pay on-time I can report that favorably to the credit bureaus and others seeking references. If you don’t pay on-time I can report that.

48. BINDING EFFECT

48. BINDING EFFECT: The covenants, obligations, and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. This Section does not authorize Resident to make any assignment of this Agreement, or to sublet the Premises, without first having obtained Management’s written consent pursuant to the applicable provisions of this Agreement.

You can’t assign or sublet this lease without getting my written approval first, as we discussed earlier.

49. OWNER

49. OWNER: Any reference in this Agreement to Owner is to the Owner of the Premises.

Owner means the owner of the premises.

50. TIME OF ESSENCE

50. TIME OF ESSENCE: Time is of the essence with respect to Resident’s payment and performance under this Agreement.

Dates and times in this agreement are important. The first of the month by 5 PM means exactly that.

IN WITNESS WHEREOF, the parties hereby sign this Agreement effective on the day and year first above written.

________________________________________(SEAL) ______________
RESIDENT (Print Name): ____________________________ DATE

Social Security Number: _____________________________

________________________________________(SEAL) ______________
RESIDENT (Print Name): ____________________________ DATE

Social Security Number: _____________________________

_________________________________________________ ______________
MANAGEMENT (Authorized Representative) DATE

_________________________________________________ ______________
MANAGEMENT (Authorized Representative) DATE

Sign and date here please.

Improvements

The following are improvements I plan to make to this page based on some of my Standard Process Improvement Questions.

  • Link to other lease related forms like cosigner agreement, lead paint radon mold disclosure, lead paint rental disclosure form, mold disclosure rental, move-in inspection, no smoking addendum, occupancy limits disclosure for lease, pest control addendum, reservation deposit, utilities and snow removal form.
  • For each form, show a sample of one filled out
  • Add Rental Application (as a separate page)
  • Add tenant screening criteria – one as point scoring and one as checklist (as seperate pages)
  • Add downloadable versions of other forms
  • Add utilities to 23.2
  • Fix missing paranthesis in Section 24.b
  • Utilities are to be paid through the end of the lease period; move out doc says it but it should be in the lease in case people move out earlier.
  • Cooktop cleaner rule to tenant rules
  • Section 5 “by coming to the Premises location” should be more general like if we need to go to their work to collect, etc not just premises.
  • Make a different annotated version where I highlight the sentences I read to the tenant to summarize the key points.
  • 6.g. Probably should be 90 days notice (and update elsewhere in the lease) too to give us more time to start finding tenants.
  • Section 10 for appliances shouldn’t be the time of signing this agreement since this agreement may be signed as a renewal… it should be the initial time you occupy the property or your first occupancy date or something like that.

Leave a Comment