TERM: The term of this agreement shall commence on the date shown above and continue for a minimum of twelve full calendar months and automatically renews for another 12 months upon the anniversary date each year with an estimated +2.9% Cost of Living market adjustment. The official Notice of Non-Renewal by Resident form provided in this lease must be received by Management at least 60 days (2 calendar months) prior to lease anniversary date shown on page 1. In the event this lease contract is not accepted by Management or Owner's agent within 5 business days, the total deposit paid shall be refunded, minus any charges incurred. Resident may terminate prior to anniversary date by giving proper 60 day notice and paying the Early Lease Termination Fee, along with any other associated charges, and cleaning and damage costs. 60 days is defined as 2 full calendar months, each starting on the first of that month.
RENT: Rent shall be paid on or before the dates shown for the plan chosen on page one.
A Late Fee of $5.00 per day will be added after the due date of any payment due, plus interest of 1.5% per month on the delinquent amount. Bounced check fee: $50 per occurrence. Some prosecutors consider a bounced check to be fraud, and can be subject to triple damages. Should the due date fall on a Sunday or federal holiday, the rent will be due on the following day. Saturday is considered a business day for paying rent. Please plan accordingly. Rent is based on current property taxes and insurance costs. These expenses are controlled by the local school board, local, county, state, and federal government and agencies, and insurance companies. If these are increased, the amount of increase will be added to the rent. A written notice will be provided.
If the lease is marked as “Repairs by Resident”, the rent listed has been discounted because the resident has chosen to be part of our program of doing all repairs in exchange for a lower rent. Any labor or parts by management to cover the Resident’s responsibility may be added to the Resident’s balance due.
All unpaid late fees, returned check fees, damages, penalties, fines, citations, liens, etc. will be added to the Residents’ account and considered "additional rent".
All monies received will be applied to the outstanding balance. Late fees will be applied to any unpaid balance. Management will apply any monies received in the following order: deposit first, then fees/penalties, then rent. Unpaid balance will be considered unpaid rent and grounds for eviction.
Payer may not re-arrange this process by writing something on his/her payment. Doing so will be considered an act of bad faith regarding the lease.
PAYMENTS: Rent is to be paid in advance by automatic draft from your checking account or credit card. Rent prices are based on this system of payment. Handling paper money may result in additional costs to the resident. Personal checks are not accepted. The lease is the notice of all future payment due.
Resident's credit card is required as a back up payment if the checking account bounces.
Resident is responsible to communicate to Management any changes in his/her account and allow 48 hours for changes. Cancelling the account will result in a $50 NSF fee and is considered a breach of this lease contract. If money orders are allowed by management, mark the PAYABLE TO line with Management's name as shown on the attached CONTACT INFO page and delivered it to the address shown on that same page in an envelope. If you leave the PAYABLE TO line blank anyone can take your money order and cash it. Be certain to sign the money order.
Mail or other delivery services are NOT accepted due to delays, loss of control, and lost mail. Postmarks do not count as a payment date. Delays due to mail or other services will not be allowed and will go on your record as a late payment. Late fees will be applied and eviction started. Please do not jeopardize your credit report over a postage stamp. Late fees continue until the payment is received by management. Should the Resident ignore this clause and use the mail or other delivery services, if the rent is “lost in the mail” or “money order was lost or stolen” the rent is considered unpaid and eviction will be started. Unpaid rent will trigger the eviction process.
OPTIONAL: "Walk In" Deposit Only account. With special permission, Resident may go to Management's bank in person and deposit cash, money order, debit cards, or Payroll Debit Cards
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only, into this account, no personal checks. See CONTACT page for bank location and account info. The Deposit Only account is a convenience for Residents in good standing. In the case of eviction, the Resident is no longer in good standing and this privilege is revoked. Funds deposited or delivered by a Resident who ignores this clause will be ruled “not accepted”, be an additional lease violation, and will not delay eviction.
Pay online at management's website or PayPal account. See Contact page. Click on PAY ONLINE. Credit Card/PayPal charges a service fee so make sure you add that to your payment. Management will credit your account for the amount after fees are deducted.
Rent will not be picked up. The Resident is responsible to provide Autodraft info or deliver rent.
CASH: Management will only accept cash at the initial lease signing appointment only. The lease will show the payment and be the receipt. If a manager refuses to write a receipt, DO NOT give them money. Cash is not accepted by Management other than the deposit only account and the initial lease signing. DO NOT GIVE ANY MONEY TO MAINTENANCE PERSONNEL OR ANYONE ELSE!!
SECURITY DEPOSIT: The security deposit set forth, if any, shall secure the performance of Resident's obligations hereunder. Management may, but shall not be obligated to, apply all portions of said deposit on account of Resident's obligations hereunder. Funds are held at a local bank in a non-interest bearing account. Any balance remaining upon termination minus cleaning, repairs, unpaid rent, and fee expenses shall be returned to Resident after possession is returned to Management and the premesis is restored to move in condition, ready for the next Resident. Resident shall not have the right to apply the security deposit in payment of the last month's rent. A statement showing any charges made against such deposits will provided. Deposits will be returned by mail, after necessary repairs have been quoted or completed. Resident must provide Management with a new mailing address in writing.
Deposit returns may be expedited for a fee of $50. Deposit refunds will be issued by one check, listing all persons on the lease. It is up to the occupants/roommates to divide the funds.
The security deposit stays with the property until all persons have vacated and repairs completed.
RENTERS’ INSURANCE: Resident must show proof of a valid “Renters’ Insurance” policy. Failure to carry this insurance will not place the burden of liability on management or owners. Management is not responsible in any way for the personal items of the Resident or his/her family or guests.
Management's insurance covers the structure only. It does not cover Resident's personal property such as furniture, appliances, computers, TVs, clothing, food, etc. Resident is required to carry "Renter's Insurance" which shall include liability coverage. Failure to carry Renter’s Insurance will not place the burden on Management. Management is not responsible for Residents' or guests' property or vehicles. When the lease is marked “repairs by management, Management is only responsible for the repair of the structure and mechanicals and is not responsible for damages or utility bills resulting from broken or defective appliances, mechanicals, plumbing, or structures.
Example: a storm knocks out local electricity causing the refrigerator to lose power and allow food to spoil. The spoiled food is not Management’s responsibility. (Tip: add a bag of ice and keep the door shut - It will last for hours.) Should the building become temporarily uninhabitable, Management is not responsible to supply motel/hotel, alternate housing, or alternate storage.
_____ (initial) Oral communications are non-binding. If a dispute should occur, the terms of the written lease shall override any oral communications. Any promise of repairs, changes, terms, etc. must be in writing.
We do not have personnel to answer the phones. All communication should be in writing, either delivered to the office address, emailed, or by text, as shown on the CONTACT page and will be to the data provided on the residents' application. If you do not receive a response within 3 business days, please contact us again. Resident shall provide any contact changes to Management in writing.
UTILITIES: Resident shall be responsible for the payment of all utilities and services, except those indicated as paid by Management. Heat utilities, both gas and electric, must be in service during tenancy.
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_____ (initial) Utilities have been discontinued and must be activated in the tenants’ name. A phone list is enclosed. If utilities are still active that indicates the utility company has not yet arrived to disconnect. $10 per day per utility fee for utilities put in Management's name during tenancy. Management strongly suggests the new resident make calls and begin the utility transfer process immediately to avoid gaps in service. Resident is responsible to heat the home in cold weather to avoid damage by frozen and or burst pipes. Homes with gas heat also need electricity to run the furnace. Damage due to freezing such as frozen/cracked pipes, cracked toilets, cracked faucets, and resulting water damage are the responsibility of the resident.
APPLIANCES provided at no additional cost are considered “loaners” to be repaired or maintained by the Resident. Resident may not remove such appliances, even if broken or obsolete without written approval from management. Appliances rented from Management will be repaired by Management except those residents who have elected to do their own repairs as shown on page 1. If any appliance is missing at move out Management will charge the Resident for a replacement. Resident agrees to clean and maintain all appliances. Appliances sometimes malfunction. Use at your own risk.
HOUSE RULES: In the event that the premises are a portion of a building containing more than one unit, Resident agrees to abide by any and all house rules, whether promulgated before or after the execution hereof, including, but not limited to, rules with respect to noise, odors, disposal of refuse, animals, parking, and use of common areas. Only the provided window covering should be visible from the street. Quiet Time Rules apply during normal sleeping hours, from 9 pm to 8 am each day. Music, TV, guests, voices, singing, shouting, machinery, musical instruments, movement, dancing, exercise, car engines, car horns, etc. should be not audible in the next apartment or house.
Make the effort to be a good neighbor. Neighborhood complaints of noise, trash, unkempt yards, improper parking, unruly children, unruly animals, noisy visitors, arguing, yelling, foul language, bad treatment toward neighbors, verbal abuse to repairpersons or inspectors or staff, interfering with the quiet enjoyment by others, etc. are grounds for ejection. No one is allowed on the roof. Railings are not for drying laundry. Waterbeds are not allowed. Resident shall not commit any waste upon said premises, or any nuisance or act which may disturb the quiet enjoyment of any Resident in the building or neighbors. No outside storage other than trash cans, furniture and grills made for outdoors, or children's outdoor play structures. Plastic and riding toys, and bicycles must be stored inside.
LOCKS: Doorknob and deadbolt locks may not be changed or added without written permission. If Resident has a need to change locks (divorce, lost keys, etc), Management will change them for $5 per lock with a written request. This is less expensive than locks from a store and are stronger, safer, commercial locks. Management will keep a copy of all keys for safety purposes.
LOCKED OUT: Management will unlock the door with a $35 trip charge. We strongly suggest the Resident keep an extra key handy.
TRASH: Resident is responsible to keep grounds litter free and properly dispose of trash. Only trash in closed cans or toters with closed lids may be stored outside, out of sight from the street. For proper insect control trash may not be stored inside. Some municipalities pick up trash, if not the Resident is responsible to dispose of trash properly or hire a trash collection service.
Trash cans or portable trash toters are to be set out no longer than 24 hours. All trash must be in closed plastic bags before placed in toter and the lid must be closed for pickup.
Watch your neighbors to know your trash day. If you will be out of town on pickup day, please ask a neighbor to move your toter or cans.
If a dumpster is provided by management this is a convenience for the Residents only. Non-Residents may not use this dumpster for their trash. Trash must be in closed bags and properly placed INSIDE the dumpster. Trash, furniture, or junk left outside the dumpster will be fined $50 per occurrence.
ENTRY BY SERVICE PERSONS: Submitting a service request, in any fashion, (website, phone, email, text, etc) is considered permission to enter during reasonable business hours unless otherwise plainly communicated in writing by the Resident. Certain requests are considered "emergency" and automatically grant permission to enter, such as no heat during times of extreme cold, no AC during times of extreme
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heat, gas odor, sparks, smoke, running water, refrigerator not cooling and potential loss of food. Management reserves the right to enter if messages to the Resident go unanswered or abandonment is suspected.
If an appointment has been arranged between Management and Resident, and the resident is not present to allow the inspector or repairman entry, or an occupant refuses entry, a trip charge of $50 or more may be billed to the residents’ account. Outside contractors may assess their own trip charge to the resident. Abusive treatment toward service persons including foul language or threats will be considered a lease violation suitable for eviction.
Management keeps a key to each residence and building for safety reasons.
In case of emergency or suspected abandonment, Management or his agents may enter the building to inspect and secure it from potential harm or harm to other persons.
With notice, Management may make occasional preventive maintenanace inspections for repairs, pest control, seasonal checks, and safety checks. Management shall have the right to enter the premises: (a) in case of emergency; (b) to inspect (c) to make necessary or requested repairs, alterations, improvements; to supply necessary or agreed services, exhibit the premises to prospective buyers, mortgagees, Residents, workmen, or inspectors; (d) when Resident is non-responsive or phones have been disconnected, and Management suspects Resident may have abandoned or surrendered the premises. Resident agrees to allow entry with 24 hours notice. Exterior inspections do not require notice.
_____ (initial) Resident agrees to allow entry for Periodic Preventive Maintenance & Safety Inspections by Management or it's agents or contractors. Resident will be given advance notice
24 hours or longer. If the time and date are inconvenient, Resident may contact Management to reschedule. The new date must be within one week of the original date. A third date will not be provided and the Resident will be in violation of the lease. This inspection will include taking photos of the interior and exterior of the home to document it’s condition. If the inspection finds lease violations or cleanliness issues, Resident will be notified in writing and given 7 days to remedy. Send a photo to management to demonstrate completion. If not remedied to management’s satisfaction, management will send in their own crew at the rates listed on the Standard Cleaning and Repair Costs page. This amount will be added to the Resident’s account and must be paid immediately
_____ (initial) SMOKING: Smoking inside the home is not allowed. Smoking by Residents or visitors leaves a nicotine residue and odor which increases the costs of cleaning, interior painting, and odor removal. In multi-family dwellings outdoor smoking must be 10 feet away from any doors or windows so smoke does not drift into other homes, apartments, or common areas and act accordingly to prevent disturbing other people. Cigarettes, vapor pens, e-cigarettes, pipes, cigars, hookahs, marijuana, hashish. cannabis, hemp, and any other smoking device or material fall under the lease’s smoking policy. Federal Controlled Substance laws and HUD laws do not allow marijuana/ cannabis use or growing, including medical issues. Interior grow rooms are not allowed.
CANDLES, KEROSENE: Insurance does not allow lighted candles or kerosene lamps or kerosene heaters. Any flame is also a fire hazard and will be deemed negligence on the part of the tenant. A burning candle releases soot and wax residue which accumulates on ceilings and walls, requiring extra painting costs and will reduce deposit refunds. Liquid wax spills into carpet fibers. Use other forms of air fresheners.
Kerosene coats the interior with a hard amber glaze which is not safe to breathe.
FIREPLACE/ WOOD STOVE: These items are non-functioning and for decoration only. Should Resident use or alter this equipment in anyway, Resident accepts full responsibility for any resulting cleaning, repair, damage, injury, or death. Fire pits and burn piles or burn barrels are not allowed.
DRAIN CLOGS: Resident has inspected the home and agrees all drains and sewer lines were functioning properly at move in. Resident is responsible for basic housekeeping which includes keeping drains free of hair and grease. Management suggests using screen traps for hair and foreign objects, and a grease can in the kitchen to collect cooking grease. Hot water will NOT keep grease liquefied as it travels a long distance to the city sewer line. It cools quickly, becomes solid or sticky, and creates a clog.
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_____ (initial) A clog at the sink or toilet is part of everyday housekeeping and is the responsibility of the Resident. We suggest a tool called ZIP IT to easily remove hair and simple clogs. A good accordion style plunger or snake can unclog a toilet. These are everyday tools every household should have for basic housekeeping. A clog in the main line will be cleared by Management.
Please teach your children these items must NOT be flushed: Tampons, feminine napkins, diapers, paper towels, condoms, wet wipes, (not even the ones falsely marketed as FLUSHABLE!) brushes, hair clips, socks, toys, phones, (often fall from shelves or slip out of hands) cat litter, grease, etc. will build up inside the sewer line. All can easily clog the line, making the toilet overflow now or later. The first sign your toilet or sewer line is clogged from such items will be an ugly brown overflow on your bathroom floor. Please keep this in mind with small children who like to experiment with the toilet.
If the plumber finds such items in the drain/sewer line the Resident will be charged for the cleanout. Resident will not be charged if the blockage was due to defective plumbing, tree roots, or acts of nature as described in the plumbers’ written report. Here’s a quick test: Only human waste should go in the toilet.
GARBAGE DISPOSALS: Are not trash cans. They are made to handle food RESIDUE, not large quantities. To avoid clogs scrape food off dishes and cookware into the trash. Do not grind celery because the strings wrap around the blades, or potatoes or rice because the starch turns to glue. No bones, wood, glass, or metal objects. If the disposal becomes jammed, insert the 1⁄4" hex key under the center of the motor and turn the motor backwards to release the jammed items. Remove the items with a flashlight and needle nose pliers. After grinding always run the faucet water at full speed for a full minute to rinse the ground up slurry down the drain pipes and into the sewer system.
SEPTIC TANKS: If your home is on septic tank system, please know that additional water running down the drain (long showers, extra laundry...) puts a strain on the system and can fill the tank quickly. Grease will clog the system creating toilet overflow. Bleach should not go down the drain as it will kill the good bacteria in the septic tank that makes it work. Newer tanks have a pull out filter out in the yard which must be rinsed every 6 months to avoid clogs and backups.
VEHICLES: No parking or driving on the grass, including trucks during moving process.
$50 fine per vehicle or set of tracks. Vehicles must be properly parked and in areas designated by management. Parking stickers, passes, or permits may be required in some locations. Improperly parked or improperly stored vehicles may be towed by Management at Resident's expense. Unlicensed or inoperative vehicles parked outdoors may not remain on the property. Trailers, campers, RVs, boats,etc may only be parked in areas designated for such vehicles with permission from management. Vehicles not moved for snow removal will be towed at Residents' expense.
In multi-family dwellings the parking areas may not be used for repairs. Management requires unsightly, distracting, or damaged vehicles be parked off site.
SWIMMING POOLS & TRAMPOLINES: are not permitted on the property. They will not be allowed with extra letters or "riders" from insurance companies. Children’s wading pools less than 6” deep are allowed, but only at the Resident’s risk and must be empty when not in use.
MAIL AND DELIVERIES: Management is not responsible for the Resident's mail or other deliveries and strongly suggests the Resident have packages shipped to a secure location to avoid "Porch Pirates".
MULTIPLE OCCUPANCY: it is expressly understood that this agreement is between the Management and each signatory jointly and severally. Only persons named on the application are considered occupants.
The term “jointly and severally” means each adult named on the lease shall be responsible for timely payment of rent and performance of all other provisions of this agreement
no matter what the other signers may do. All adult occupants must complete an application and will be added to the lease if approved for occupancy.
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New occupants, spouses, or roommates must complete a written application and be approved before occupying the property. In the case of a spouse released from incarceration or any other facility or treatment program who was not listed on the original application, that spouse must complete an application and be approved prior to occupancy. Occupancy, approved or not, assumes legal and financial responsibility for the property and lease. Occupancy by persons not approved will be billed at $50 per day per person, retroactive to the first day of the lease contract and may trigger eviction. Persons occupying the home without permission can be held responsible for the rent, damages, and can be arrested for trespassing.
USE: The premises shall be used exclusively as a residence for no more than the actual persons listed on the application. Businesses, daycare, customer visits, manufacturing, mechanical work, auto body work, animal breeding, animal boarding, kennels, farm animals, etc are not allowed.
GUESTS: Persons staying more than a total of 14 days in a 365 day period without management's written consent shall constitute a violation of this agreement. Visitors must abide by all policies. Visiting or shared custody children, stepchildren, and other anticipated overnight occupants must be listed on the application.
ROOMMATES: Management will accept only one payment per household, not payments split by roommates. One person can receive official notices on behalf of all leasees. Roommates should have a written business agreement between themselves showing who pays for what and signed by all leasees (roommates). Even if a person moves out, they are still on the lease and responsible for the rent, fees, cleaning, and damage.
Management will not settle disputes between roommates. Security deposits stay with the home until all persons have vacated and a deposit return check will show all leasees in the PAYABLE TO field.
When replacing a roommate we suggest the new roommate “buy out” the deposit of the exiting roommate. Cleaning and repair charges are based on the original move-in inspection and all persons on the lease, not on the condition when a certain person moved in or out during the lease. Management is not responsible to determine who caused any damage.
ASSIGNMENT AND SUBLETTING: Resident shall not assign this agreement or sublet any portion of the premises without prior written consent by Management. This includes services such as AirBnb, VRBO, Couchsurfing, and the like.
DIVORCE / BREAK UP / ROOMMATES DEPARTING: Management is not responsible for changes in any residents’ personal life. The lease continues and each leasee is responsible even if that person moves out. One person can receive official notices on behalf of all leasees. If a resident desires to vacate and the remaining parties are approved by management for income etc to sustain the lease, the vacating party may pay the Early Lease Termination Fee to management to be removed from the lease.
BURGLARY / BREAK IN: Renter’s Insurance should cover damage to doors or windows caused by an intruder. Call the police to file a report before calling Management. Keep your doors and windows locked, and valuables out of sight and locked up to minimize temptation. Resident is responsible to repair.
Resident shall maintain the premises in a clean and sanitary manner including all equipment, appliances, furniture and furnishings therein, at his own expense, and at all times, and shall surrender the same, at termination hereof, in as good condition as received, ready to re-rent.
_____ (initial) Resident shall not paint, paper or otherwise redecorate or remove items or make alterations to the premises without the prior written consent of the Management. A fine of $250 per room plus repair and painting costs to repaint to management's colors. To make a room more “colorful”, use removable items such as drapes, throw rugs, furniture covers, flowers, towels, posters, etc.
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Resident shall be responsible for damages caused by his negligence and or caused by other people, invited or uninvited. Example: the neighbor’s baseball breaks your window. Resident is responsible to repair. Resident may settle up with the baseball player.
All glass breakage is the responsibility of the resident. Management is not responsible to determine who or what caused any damage.
Wall pictures must be mounted with 1” brad style nails (very thin) and are limited to an average of 5 per room.
If the wall are grooved paneling, the nails must be placed in the grooves, NOT the smooth portion. Posters should be mounted with thumbtacks. NO TAPE! It tears up walls.
3M Command Strips may only be used on slick surfaces because they lift off the paint.
Nothing permanent or semi-permanent is to be attached to the interior or exterior of the building – this includes any brackets, shelving, cabinets, hooks, wall systems, etc.
An exception is wall mount TVs. Resident is responsible for repair and paint costs at move out.
In single family homes, Resident shall maintain any surrounding grounds, including lawns (mowing) and shrubbery (trimming), and keep the same clear of rubbish or weeds, if such grounds are a part the premises and are exclusively for the use of the Resident. Shrubbery needs to be trimmed in both the Spring and again in the Fall.Trees, shrubs, plants, flowers may not be removed or altered by the Resident or guests.
In multi-family dwellings Management maintains the landscaping.
SATELLITE TV DISH: These are allowed but may not be attached to the building in any fashion but must be mounted on a pole in the yard. Resident agrees to $200 fine if dish is attached to building.
GRILLS, BBQs: These must be at least 15 feet away from any structure and not under any overhang for fire safety when in use. Heat from a grill will easily melt vinyl siding or possibly cause a house fire, creating a large repair expense for the Resident.
FENCES, SHEDS, GARDENS: Please be aware local codes vary and are sometimes very specific. If Resident would like to add such items, submit a drawing of the layout plus photos or brochures of the products to Management. They may not be added without written permission by Management. Such structural items will stay on the property at move out unless Management wants them removed by the Resident at Resident's cost, and conditions restored by Resident.
DECORATIONS: Holiday displays or decorations shall be removed within 10 days after the holiday. Nothing vulgar, demonic, bloody, death oriented, distasteful, offensive, or unusual is allowed. Management shall be the final authority on this matter.
SIGNS, ADVERTISING: Tenant agrees to allow Management's signs and advertising in the yard when vacancy is anticipated. Tenant agrees to maintain signs or advertising installed by Management. Placing signs of advertising material does not constitute possession. Political signs, advertising, and slogans are not allowed.
ANIMALS: Please be aware this might be a NO ANIMALS lease.
Only animals listed on the lease may be on the property, inside or outside.
No animals of an kind shall be brought on the premises without the prior written consent of the Management. Animals fenced or chained to live outdoors are not permitted. Chickens are not allowed in city limits. Animals in rural settings are subject to written approval by management.
No temporary animals, animal sitting, or visiting animals allowed. Fine: $20 per day, per animal, per occurrence, retroactive to the start of the lease will be added to the Resident’s account. Management is not responsible to determine when the animal was brought into the home. Paying a fine or fee does not grant permission for the animal.
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Animals must abide by house rules for quiet, cooperative behavior, sanitation, no damage, no digging, plus have documentation showing proper shots, registrations and tags, or the Resident will be asked to leave. Feces must be picked up and disposed properly by Resident or face a $50 fine per occurrence.
Cat litter must be cleaned regularly and placed in the trash containers, NOT flushed down the toilet. Cat litter will clog the sewage lines under the house, making the toilets overflow, and create a large plumbing cleanout expense for the Resident.
DECEASED ANIMALS or animals no longer living at the home can be removed from the lease after a minimum of one calendar year of animal fees. Management will do an inspection to verify the animal is no longer in the home. Service, comfort, or support animals must be reported to management as an occupant of the property and to alert repair persons to the presence of an animal. Failure to report is a violation of the lease and may trigger eviction.
ADDING AN ANIMAL: If Management allows animals at this location, submit your request in writing along with a photo of the animal. If approved, fees apply. A replacement animal will not incur extra fees.
PET / ANIMAL DAMAGE: The Non-Refundable Animal Registration Fee does not cover damages by pets such as scratches, gouges, tooth or nail marks, flea treatment, feces clean up, carpet stains, carpet replacement, odor treatment, etc. Pet owners are still required to pay for damage caused by animals. Pet owners are expected to clean up or pay for repairs just as they would after a child or other occupant.
Pet ownership requires additional cleaning or repair on the part of the Resident.
FALSE REPORTING: Misrepresenting an animal as a service or support animal is fraud. This may trigger eviction and may be subject to state laws which have heavy fines and jail time.
RELEASE: Resident grants Management permission to use his/her name, image, comments, communications, referrals, voice, still photos, audio, or video, in materials to train, promote, advertise, etc. without compensation, including those of his/her family who occupy the home and visitors.
TRANSFER HOMES: Residents in good standing may transfer to another home or apartment within our company. Resident must complete a new application and be approved. The lease on the new home starts when Management takes it off the market. The lease on the current home continues until the Resident has returned possession to Management and the home has been cleaned and prepped, ready for a new Resident. This creates an overlap of rent expense which the Resident accepts. Any deposit remaining after move out will be transferred to the new home. If the deposit on the new home is higher, the difference will have to be paid. If the new deposit is lower, no refund is made until move out of the new home. Standard move out criteria applies to the "old" home. Packing and moving out quickly combined with superior cleaning can shorten this overlap and save the Resident money.
INSPECTION, REPAIRS, MOLD,PESTS: Resident acknowledges that management has advised Resident of his/her right to have a professional home inspection performed on the subject property prior to possession.
_____(initial) Resident has inspected the home, is satisfied with its condition,
including respect to any allergies or health concerns and is accepting it AS IS with known imperfections with no additional work or changes expected. Resident has reviewed several homes and chosen this one over the others. Management is not responsible in any fashion for the personal items nor personal health of the Residents, family, roommates, and guests. Law does not allow Management to review applicants' health condition during the application process and as such Management cannot review the Resident’s health condition during tenancy. Resident has examined the home and is satisfied the home is compatible with their health issues and accepts responsibility for the health issues of occupants.
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MAINTENANCE, REPAIRS, OR ALTERATIONS: Resident acknowledges that the premises are in
good order and repair, unless otherwise indicated in the attached Move-In Inspection form.
Repair or service requests must be submitted to management in writing, and receipt confirmed by management. US Mail is not accepted due to delays and lack of control. Verbal or voice mail is not acceptable. Email or texting is only accepted when a confirmation reply is sent by management. Resident has a duty to report needed repairs immediately in writing and can be held responsible for unreported need for repairs. Email and text are available 24/7. Check Management’s website for Repair Request forms
_____(initial) Resident agrees that Management has delivered the dwelling in a safe, clean and habitable condition and has complied with Code which reads “Delivered the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.”
B. The tenant gives the landlord notice of non-compliance [needed repairs]”.
“The landlord [will be] given a reasonable amount of time to make repairs or provide a remedy of the condition described in the tenant’s notice. The tenant may not prevent the landlord from having access to the rental premises to make repairs or provide a remedy...” Resident agrees to allow 30 days for non-emergency repairs. Emergency is defined as uncontrollable running water, stopped toilet when only one toilet is in the home, sparking electricity, gas odor, no heat in severe cold, and no air conditioning (only if provided by management) in severe heat.
We do our best to make repairs promptly but please be patient. All repairs take time. Even homeowners in million dollar homes must wait for parts, weather, holidays, or contractor's schedules. Resident should allow extra time for weekends and holidays. Non-emergency issues may take up to 30 days.Some repairs may limit the use of the property. This is normal. Management does not provide alternate housing or discounts for limited use.
Management has preferred vendors who work at a contracted discount rate. If the resident chooses to hire their own service company, or hire contractors at weekend or holiday rates, the resident is responsible for that bill. Management will not reimburse for service or contractors not on management's approved list and is not responsible or liable in any way for that worker.
Resident may not deduct repairs or parts from rent without written permission.
Should any part of the house fail or break, Management is responsible only for the repair of the structure and mechanicals, not the utility bill. Example: a water leak goes undetected or unreported and creates a high water bill – the water bill is the responsibility of the Resident.
PESTS: Control of pests such as insects, mice, rats, crickets, ants, spiders, snakes, raccoons, possums, chipmunks, squirrels, birds are basic housekeeping and the responsibility of the resident. Food should be in sealed containers and trash should be removed from the interior of the home daily to avoid attracting pests.
BEDBUG INFORMATION & OFFICIAL POLICY:
Bedbugs are back and rapidly getting worse. They are now in every state. They do not fly. They are Nature's Tiny Super Hitchhiker, clinging to clothing, coats, school backpacks, suitcases, stuffed animals, which are all personal belongings and often stowed in public places, next to others. Rich or poor, clean or filthy does not matter. Bedbugs are like mosquitos, attracted to humans by our carbon monoxide breath, and our body heat, in search of a blood meal. Bedbugs search for humans. Bedbugs and their eggs are easily and innocently passed to others through simple contact. Example: lay your coat on a waiting room chair or church pew where a person had already unknowingly carried a bedbug. That one lone insect hitches a ride on your coat and comes into your home without your knowledge. Even new furniture can contain bedbugs if stored near used furniture on a delivery truck.
Bedbugs are nocturnal, usually seen only at night. They do not carry disease.
They hide in mattresses, box springs, bedding, furniture, stuffed animals, boxes, even in the dark areas of varnished wood furniture such as dressers or behind wall pictures, usually within 8 feet of a sleeping area. They come out once the human warms the bed and breathes carbon monoxide into the air. They are flat and tiny like a small apple seed. A single female can lay 500 eggs.
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For your peace of mind Management has taken every physical precaution to seal the structure and has pre-treated the structure against bedbugs, inspected the home and certifies it to be BEDBUG FREE. This includes a long lasting, all natural, organic, safe for children and pets substance which will continue protecting the home.
Resident understands and agrees that if bedbugs are found they have been introduced to the home by being carried there during occupancy by the visitors, children, deliveries, pets, Residents, etc and their personal belongings, and as such are the responsibility of the Resident to eradicate. Resident agrees to full responsibility for examining, handling, and treating their own personal property fo bedbugs.
IMPORTANT: If you find bedbugs remember the HOUSE does not have them. Your personal belongings have them so it’s up to you to remove, clean, and treat your belongings.
Management is not responsible to handle or treat the Resident's personal property.
_____ (initial) Resident has inspected the home and agrees it is bedbug free
and agrees that insect control & treatment are part of housekeeping, and as such are the responsibility of the Resident.
Procedure:
-Don’t panic. Although creepy, scientists have proven bedbugs do not transmit disease.
-Think. Did you recently bring something into the house such as a used couch or suitcase? Remove suspicious items.
-Don’t be embarrassed. Call Management immediately for advice.
-Do NOT stir or shake items to avoid spreading the tiny, clear, sticky eggs into other areas.
-Do gently bag up all bedding, clothing, and stuffed animals, and run them through a washer and dryer on high heat. Heat kills the eggs. Seal these in a fresh plastic bag so they are not re-infested by the old bag. -Vacuum everything especially cracks, top and bottom of mattresses, backside of headboards, and the inside of dressers after removing the drawers to pick up insects and their clear, sticky eggs. Seal the sweeper bag in a plastic bag and get it out of the house.
-Encase the mattress and box springs with a zippered cover specially marked for bedbugs
-Scrub EVERYTHING.
-Spray crevices with your choice of chemicals available at home stores.
-When the spray has air dried, dust all areas with "food grade" Diatomaceous Earth, an all natural fine powder that will kill the bedbugs that walk over it. Available in garden stores and online. Puff it with a clean ketchup bottle into crevices and the seams of a mattress.
-Enclose the mattress with a mattress bag available at Walmart, home stores, and online.
MOLD:
Department of Health website:
“Mold spores are in the air and on all surfaces. Wipe hard surfaces with a damp, soapy cloth weekly.”
“Mold (fungi) is present everywhere—indoors and outdoors.
There are more than 100,000 species of mold. At least 1,000 species of mold are common in the U.S. Most types of mold that are routinely encountered are not hazardous to healthy individuals.
Many molds are black in appearance but are not Stachybotrys. For example, the black mold commonly found between bathroom tiles is not Stachybotrys. Stachybotrys can be positively identified only by specially trained professionals (e.g., mycologists) through a microscopic exam.”
"Small areas of mold should be cleaned using a detergent/soapy solution or an appropriate household cleaner." Many specialized mold cleaning products are now readily available at stores. ** EPA's statement: "Since no EPA or other federal limits have been set for mold or mold spores, sampling cannot be used to check a building’s compliance with federal mold standards." Medical doctors are not trained mold specialists. If a doctor makes a recommendation about your home and mold, start with simple cleaning. If you choose to leave the home, you may follow the Early Lease Termination program.
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Resident agrees that cleaning and disinfecting of mildew and mold are part of everyday housekeeping and as such are the responsibility of the Resident. "Tenant shall...keep the areas of the rental...reasonably clean.” Resident shall make every effort to control and eliminate moisture in the home – run bathroom exhaust fans, ceiling fans to circulate the air, limit use of humidifiers, etc. Houseplants bring mold spores and moisture into the home. If mold or mildew persists, contact management first for assistance. Mold and mildew are NOT sufficient reason to void a lease.
BASEMENTS: No basement is ever guaranteed “dry” by Management. Even if the basement appears dry, there may be excess ground moisture concerns. Place stored items up off the floor, not in cardboard.
PHYSICAL POSSESSION: If Management is unable to deliver possession of the premises at the commencement hereof, Management shall not be liable for any damage cause thereby, nor shall this agreement be void or voidable. Resident may void this lease contract if possession is not delivered with 15 days of possession date shown on page 1.
DAMAGES TO PREMISES: If the premises are so damaged by fire or from any other cause as to render them uninhabitable, as determined by Management, Management shall have the right to terminate this Lease as of the date on which such damage is determined. Should such damage or destruction occur as the result of the abuse or negligence of Resident, or his invitees, then only Management shall have the right to termination and Resident will be responsible for lost rents and repairs.
MUNCIPAL INSPECTIONS: If the local government requires inspections or fees, resident will pay these fees. If government or housing associations submit a letter of violation, citation, or possible fines based on the resident's activities or non-activity to get the resident to clean up, mow, or follow certain rules, management will charge the resident $100 to process that letter, inspect, and follow up. Resident shall pay all fines or fees.
MILTARY ORDERS: We follow the SCRA rules and state law. The military person being transferred or deployed must submit his/her notice to Management in writing on the official enclosed form 30 days in advance as required by SCRA (rent is for full months only), along with the PCS orders.
The rights of any remaining persons will also be considered in this process.
Rules regarding cleaning and returning possession still apply.
DEFAULT: Management does not allow late or partial payments. Resident is responsible for their personal life and to plan ahead for emergencies and holidays. If Resident shall fail to pay rent when due, or fail to keep up the terms of this lease, with a three (3) days written notice, often by text, management may terminate all rights of Resident hereunder, unless Resident, within said time, shall cure such default. If Resident abandons or vacates the home, while in default of the payment of rent, Management may consider any personal property left on the premises to be abandoned and may dispose of the same. In the event Management reasonably believes that such abandoned property has no value, it may be discarded. All property on the premises shall be subject to a lien for the benefit of Management securing the payment of all sums due hereunder, to the maximum extent allowed by law. In the event of a default by Resident, Management may elect to (a) continue the lease in effect and enforce all his rights and remedies hereunder, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of Resident's rights hereunder and recover from Resident all damages he may incur by reason of the breach of the lease, including the cost of recovering the premises, lost rents during vacancy due to Resident’s failure to comply, and including the worth at the time of such termination.
Three late payments in any 12 month period can lead to eviction.
Purposely withholding payment for any reason is a violation of this lease and state law. If you have a grievance with Management, submit that in writing. Rent received may not always be accepted. Early Lease Termination Fee applies to evictions when the resident is released from the lease.
_____ (initial) Resident agrees in advance to
- peacefully vacate within 3 days from management’s final notice.
- a voluntary wage assignment or garnishment (payroll deduction) of $75
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- per week to pay any back rent, charges, or damages from each adult.
- Pay any and all costs related to eviction because court action is a direct result of a
Resident's failure to comply, is specific to this certain resident and not all residents, and is beyond the normal scope of renting and cost of doing business, Resident agrees to pay all costs related to the legal action, court action, court fees, and collection fees, including but not limited to documentation prep ($400) , photocopies, photos, court appearances ($50 each time) collections fees (50%) 15% interest on unpaid balance, late fee ($5 per day), Some of these fees may be applied after the court judgement. Amounts shown are estimates. Resident agrees to settle out of court using the fees listed in this lease.
Attorney fees for either party are limited to a maximum of $500.
NOTICES: Any notice which either party may give or is required to give, may be given by mailing the same, postage prepaid, to Resident at the premises or to Management at the address shown herein or at such other places as may be designated by the parties from time to time.
All communication must be confirmed in writing. Verbal, telephone, recorder, voicemail, text, or email messages sent are non-binding without a confirmation reply in writing from Management, by mail, text, or email. Resident authorizes anyone at the home to sign for deliveries or notices in his/her absence.
LEGAL SERVICE: Each person listed on the lease and Emergency Contacts has 100% authority to receive legal notices on behalf of all persons on the lease.
WAIVER OF SERVICE: Unpaid rent is not a secret or a surprise. Resident is aware the rent has not been paid and as such does not require a reminder notice or Pay or Quit notice. Rent is due in advance and the lease is the notice of all future payment due dates and no notices will be required prior to filing eviction. 32-31-3-1-8
REPORTING: Tenant is advised that late payments will be reported to a national tenant database, credit bureaus, and may appear on their credit report.
FALSE OR MISLEADING INFORMATION: If management discovers any untruth in the application or misinforming during tenancy, or posts lies, abusive, inflammatory, or hostile remarks on social or public media, this will be considered verbal abuse to workers and Management and grounds to evict.
HOLDING OVER: Any holding over after expiration of this lease, with the consent of Management, shall constitute an automatic renewal of the lease.
The last day of the lease period is designated as NOON local time on the specified day. Any holding over will be billed at $200 per day due to costs and inconvenience incurred by multiple parties – Management, cleaning crew, painting crew, repair crew, marketing costs, the Resident who planned to move in, his/her moving crew and truck rental, etc. To avoid this extra cost, put items into storage, return the keys, and rent a motel room. In the case of tenant not peacefully vacating after management’s final notice, this lease becomes a daily rent lease taking on the same right of a hotel, enabling management to remove any personal property and have the persons arrested for trespassing and/or theft of services.
ABANDONED PROPERTY: Premises and personal property will be considered abandoned when all of the following take place:
a. Tenant fails to respond to official written notices from management or local government delivered by USPS, text, email, or posted at the home; b. Tenant fails to respond to telephone calls or texts, or phone numbers provided by Resident are disconnected; c. Rent is 3 days past due; d. Management has posted an Abandoned Property Notice on the door
Discontinuing or allowing utility service to lapse is abandonment.
In the event management deems the resident is not responding and the property is abandoned, the parties agree that management may take possession of the premises and dispose of remaining personal property at management’s discretion. Items remaining after eviction or vacating will be considered abandoned and disposed without liability to management. If it’s valuable to you, take it with you.
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EMERGENCY CONTACTS: Resident agrees to allow Management to contact references and Emergency Contacts in the event tenant cannot be reached or is non-responsive to management calls or notices, and agrees that notice to those contacts is considered legal service.
NORMAL WEAR AND TEAR: This is defined as the long term effect on an item over its normal lifespan, under normal use, for what it was normally intended, with normal care and maintenance, due to sunlight, residential foot traffic, and the effects of aging. Anything that can be cleaned or repaired is not normal wear and tear. Non-normal wear is considered damage and includes anything done to the property by the resident, occupants, visitors, animals, scuffs ,stains, scratches, gouges, rust marks from metal items, melted spots, nicotine film, odors, animal digs in dirt or flooring, excessive wear, spots, drawings by marker, crayon, pencil, lipstick, nail polish, makeup, nail holes, screw holes, damage to walls or paint from shelves or brackets, marks from gasoline, oil, tire marks, grease, tape, rub marks, hand oil or hair oil on walls, breakage of glass, neglect, misuse, etc. If something can be cleaned or repaired this is not normal wear and tear.
According to manufacturers, carpet should last 10 or more years, paint 12 years, appliances 20 years. Cleaning, repairs, and re-painting due to marks, stains, or damage are not depreciated and will be billed at replacement cost.
DEATH, INCAPACITATION, INCARCERATION: In the event of the death, incapacitation, incarceration, hospitalization, or rehabilitation of all authorized occupants over the age of majority, management may immediately secure the property as needed and contact persons listed on the EMERGENCY CONTACTS page. If no person listed by the Resident can pay the rent, utilities, and care for the property, or remove the personal belongings within 7 days, Management shall dispose of all perishable items immediately. Non-perishable items shall be delivered to an Emergency Contact or placed into storage. Items of no value will be disposed.
Resident or his/her estate shall pay any and all costs related to the packing, cataloging, storing, and transporting of Resident’s belongings in addition to any legal or court costs of management associated with tenants’ items. Resident authorizes management to sell or dispose of said items to pay any monies due to Management after 30 days.
INDEMNIFICATION: Management 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. Resident agrees to hold Management, Managements' agents, suppliers, and repairmen harmless from any claims for damages, no matter how caused.
Damage to persons or personal property caused by malfunctions or conditions of the building, appliances, mechanicals, structure, materials, weather, trees, surroundings, etc will not be reimbursed by management. This includes food, clothing, linens, antiques, furniture, electronics, portable devices, mold, mildew, insects, rodents, pests, neighbors, visitors invited or uninvited.
CRIMINALS: Resident takes responsibility to research crime rates, criminals, paroles, sex offenders, or persons on house arrest living in the area. Discovering any information after signing the lease is not sufficient reason to void the lease. If Resident desires to move out early, Resident may use the Early Lease Termination program.
Criminal activity by Resident, occupants, or visitors may trigger eviction.
ORDINANCES AND STATUTES: Resident shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, which may hereafter be in force, pertaining to the use of the premises. Breaking laws which relate to drugs, housing, safety are grounds for eviction.
NUISANCE: If police are called to the home multiple times for disturbances by the resident or visitors, management may, at their discretion, deem the resident to be a common nuisance and evict.
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LIENS: Resident has no authority to incur a debt or lien on the property.
WAIVER: No failure of Management to enforce any term hereof shall be deemed a waiver. The acceptance of rent by Management shall not waive management's right to enforce any term hereof.
SEVERABILITY AND LEGALITY: If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
REASONABLE ACCOMODATION: Resident must request any accommodation in writing along with photos or drawings. To be consistent and treat each person the same, verbal requests will be considered an inquiry, not a formal request. Any changes to the property will require a deposit set by Management to cover any repair or removal costs after tenancy and must only be performed by contractors approved by Management in writing, in advance.
UPDATES Resident is required to provide a fresh application and proof of smoke detector check each year. Failure to provide this information and smoke detector safety check within 30 days of notice, will increase the rent by $5 per month.
FAIR HOUSING: Management follows Federal, State, and Local Fair Housing laws with respect to protected classes and management procedures.