Residential Lease Agreement
THIS LEASE (the
"Lease") dated this _____ day of _____________, 20____
BETWEEN:
Erin Kern and Matthew Kern
(collectively and individually the "Landlord")
OF THE FIRST PART
- AND-
_________________________ and _________________________
(collectively and individually the "Tenant")
OF THE SECOND PART
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations provided in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Lease agree as follows:
Leased Property
1. The Landlord agrees to rent to the Tenant the basement apartment,
municipally described as 254 S. 1000 E. Unit B, Pleasant Grove, Utah, Utah
84062 (the "Property"), for use as residential premises only.
Neither the Property nor any part of the Property will be used at any
time during the term of this Lease by Tenant for the purpose of carrying on any
business, profession, or trade of any kind, or for the purpose other than as a
private single-family residence.
2. Subject to the provisions of this Lease, apart from the Tenant and
the Tenant's immediate family members, no other persons will live in the
Property without the prior written permission of the Landlord.
3. No guests of the Tenants may occupy the Property for longer than
one week without the prior written consent of the Landlord.
4. No pets or animals are allowed to be kept in or about the Property
without the prior written permission of the Landlord. Upon thirty (30) days
notice, the Landlord may revoke any consent previously given pursuant to this
clause.
5. Subject to the provisions of this Lease, the Tenant is entitled to
the exclusive use of the following parking (the "Parking") on or
about the Property: Cement pad north of the 3rd car garage. Only
properly insured motor vehicles may be parked in the Tenant's space.
6. The Tenant agrees and acknowledges that the Property has been
designated as a smoke-free living environment. The Tenant and members of
Tenant's household will not smoke anywhere in the Property nor permit any
guests or visitors to smoke in the Property.
7. The Property is provided to the Tenant without furnishings.
Kitchen appliances as well as a washer and dryer are provided for the Tenant’s
use.
Term
8. The term of the Lease is for _____________ to commence at 12:00
noon from the _____day of _________________,______ to the _____ day of
____________,_______ provided thirty (30) days written notice is given to the
Landlord by the Tenant, of Tenant’s intention to terminate this lease, thirty
(30) days prior to the last mentioned date: otherwise, this lease shall
continue from month to month, meaning calendar month or from the first to the
last of each month, at which time this lease shall be terminated or extended by
a like notice.
9. Any notice to terminate this tenancy must comply with the Act.
Rent
10. Subject to the provisions of this Lease, the rent for the Property
is $1,500.00 per month (the "Rent"). If given permission for pets, a
fee of $80/month will be applied unless written otherwise.
11. The Tenant will set up direct deposit to pay the Rent on or before the First of each and every month of the term of this Lease to the Landlord through Apartments.com Online Rent Collection.
12. The Landlord may increase the Rent for the Property upon providing
to the Tenant the greater of 30 days notice and any notice required by the Act.
13. The Tenant will be charged an additional amount of $10.00 per day
for any Rent that is received after the latter of the due date and the expiration
of any grace period under the Act, if any.
Security Deposit
14. On execution of this Lease, the Tenant will pay the Landlord a
security deposit of $1,000.00 (the "Security Deposit"), $100 of which
is non-refundable.
15. The Landlord will hold the Security Deposit at Utah Community
Credit Union.
16. The Landlord will return $900 of the Security Deposit at the end
of this tenancy, less such deductions as provided in this Lease but no
deduction will be made for damage due to reasonable wear and tear nor for any
deduction prohibited by the Act.
17. During the term of this Lease or after its termination, the
Landlord may charge the Tenant or make deductions from the Security Deposit for
any or all of the following:
a. repair of walls due to plugs, large nails or any unreasonable
number of holes in the walls including the repainting of such damaged walls;
b. repainting required to repair the results of any other improper
use or excessive damage by the Tenant;
c. unplugging toilets, sinks and drains;
d. replacing damaged or missing doors, windows, screens, mirrors or
light fixtures;
e. repairing cuts, burns, or water damage to vinyl flooring, carpet, and other areas;
f.
any other repairs or
cleaning due to any damage beyond normal wear and tear caused or permitted by
the Tenant or by any person whom the Tenant is responsible for;
g. the cost of extermination where the Tenant or the Tenant's guests
have brought or allowed insects or rodents into the Property or building;
h. repairs and replacement required where windows are left open which
have caused plumbing to freeze, or rain or water damage to floors or walls;
i.
replacement of locks
and/or lost keys to the Property and any administrative fees associated with
the replacement as a result of the Tenant's misplacement of the keys; and
j.
any other purpose
allowed under this Lease or the Act.
For the purpose of this clause, the Landlord may charge the Tenant
for professional cleaning and repairs if the Tenant has not made alternate
arrangements with the Landlord.
18. The Tenant may not use the Security Deposit as payment for the
Rent.
19. Within the time period required by the Act and after the
termination of this tenancy, the Landlord will deliver or mail the Security
Deposit less any proper deductions or with further demand for payment to:
______________________, ______________, _______________, ____________ ,
or at such other place as the Tenant may advise.
Quiet Enjoyment
20. The Landlord covenants that on paying the Rent and performing the
covenants contained in this Lease, the Tenant will peacefully and quietly have,
hold, and enjoy the Property for the agreed term.
Inspections
21. The Landlord and the Tenant will complete, sign and date an
inspection report at the beginning and at the end of this tenancy.
22. At all reasonable times during the term of this Lease and any
renewal of this Lease, the Landlord and its agents may enter the Property to
make inspections or repairs, or to show the Property to prospective tenants or
purchasers in compliance with the Act.
Tenant Improvements
23. The Tenant will obtain written permission from the Landlord before
doing any of the following:
a. applying adhesive materials, or inserting nails or hooks in walls
or ceilings other than two small picture hooks per wall;
b. painting, wallpapering, redecorating or in any way significantly altering
the appearance of the Property;
c. removing or adding walls, or performing any structural
alterations;
d. installing a waterbed(s);
e. changing the amount of heat or power normally used on the Property
as well as installing additional electrical wiring or heating units;
f.
placing or exposing or
allowing to be placed or exposed anywhere inside or outside the Property any
placard, notice or sign for advertising or any other purpose; or
g. affixing to or erecting upon or near the Property any radio or TV
antenna or tower.
Utilities and Other Charges
24. The Landlord is responsible for the payment of the following
utilities and other charges in relation to the Property: electricity, water,
internet, and natural gas.
25. The Tenant is responsible for the payment of phone service and
cable service if so desired.
Insurance
26. The Tenant is hereby advised and understands that the personal
property of the Tenant is not insured by the Landlord for either damage or
loss, and the Landlord assumes no liability for any such loss. The Tenant is
advised that, if insurance coverage is desired by the Tenant, the Tenant should
inquire of Tenant's insurance agent regarding a renter's policy of insurance.
27. The Tenant is not responsible for insuring the Property for either
damage or loss to the structure, mechanical or improvements to the building of
the Property, and the Tenant assumes no liability for any such loss.
Abandonment
28. If at any time during the term of this Lease, the Tenant abandons
the Property or any part of the Property, the Landlord may, at its option,
enter the Property by any means without being liable for any prosecution for
such entering, and without becoming liable to the Tenant for damages or for any
payment of any kind whatever, and may, at the Landlord's discretion, as agent
for the Tenant, rent the Property, or any part of the Property, for the whole
or any part of the then unexpired term, and may receive and collect all rent
payable by virtue of such renting, and, at the Landlord's option, hold the
Tenant liable for any difference between the Rent that would have been payable
under this Lease during the balance of the unexpired term, if this Lease had
continued in force, and the net rent for such period realized by the Landlord
by means of the renting. If the Landlord's right of re-entry is exercised
following abandonment of the Property by the Tenant, then the Landlord may
consider any personal property belonging to the Tenant and left on the Property
to also have been abandoned, in which case the Landlord may dispose of all such
personal property in any manner the Landlord will deem proper and is relieved
of all liability for doing so.
Attorney Fees
29. In the event that any action is filed in relation to this Lease,
the unsuccessful party in the action will pay to the successful party, in
addition to all the sums that either party may be called on to pay a reasonable
sum for the successful party's attorney fees.
Governing Law
30. It is the intention of the parties to this Lease that the tenancy
created by this Lease and the performance under this Lease, and all suits and
special proceedings under this Lease, be construed in accordance with and
governed, to the exclusion of the law of any other forum, by the laws of the
State of Utah, without regard to the jurisdiction in which any action or
special proceeding may be instituted.
Severability
31. If there is a conflict between any provision of this Lease and the
applicable legislation of State of Utah (the "Act"), the Act will
prevail and such provisions of the Lease will be amended or deleted as
necessary in order to comply with the Act. Further, any provisions that are
required by the Act are incorporated into this Lease.
32. In the event that any of the provisions of this Lease will be held
to be invalid or unenforceable in whole or in part, those provisions to the
extent enforceable and all other provisions will nevertheless continue to be
valid and enforceable as though the invalid or unenforceable parts had not been
included in this Lease and the remaining provisions had been executed by both
parties subsequent to the expungement of the invalid provision.
Amendment of Lease
33. Any amendment or modification of this Lease or additional
obligation assumed by either party in connection with this Lease will only be
binding if evidenced in writing signed by each party or an authorized
representative of each party.
Assignment and Subletting
34. The Tenant will not assign this Lease, or sublet or grant any
concession or license to use the Property or any part of the Property. Any
assignment, subletting, concession, or license, whether by operation of law or
otherwise, will be void and will, at Landlord's option, terminate this Lease.
Damage to Property
35. If the Property, or any part of the Property, will be partially
damaged by fire or other casualty not due to the Tenant's negligence or willful
act or that of the Tenant's employee, family, agent, or visitor, the Property
will be promptly repaired by the Landlord and there will be an abatement of Rent
corresponding with the time during which, and the extent to which, the Property
may have been untenantable. However, if the Property should be damaged other
than by the Tenant's negligence or willful act or that of the Tenant's
employee, family, agent, or visitor and the Landlord decides not to rebuild or
repair the Property, the Landlord may end this Lease by giving appropriate
notice.
Maintenance
36. The Tenant will, at its sole expense, keep and maintain the
Property and appurtenances in good and sanitary condition and repair during the
term of this Lease and any renewal of this Lease.
37. Major maintenance and repair of the Property involving anticipated
or actual costs in excess of $100.00 per incident not due to the Tenant's
misuse, waste, or neglect or that of the Tenant's employee, family, agent, or
visitor, will be the responsibility of the Landlord or the Landlord's assigns.
38. Where the Property has its own garden or grass area which is for
the exclusive use of the Tenant and its guests, the Tenant will water,
fertilize, weed, cut and otherwise maintain the garden or grass area in a
reasonable condition including any trees or shrubs therein.
Care and Use of Property
39. The Tenant will promptly notify the Landlord of any damage, or of
any situation that may significantly interfere with the normal use of the
Property or to any furnishings supplied by the Landlord.
40. The Tenant will not make (or allow to be made) any noise or
nuisance which, in the reasonable opinion of the Landlord, disturbs the comfort
or convenience of other tenants.
41. The Tenant will keep the Property reasonably clean.
42. The Tenant will dispose of its trash in a timely, tidy, proper and
sanitary manner.
43. The Tenant will not engage in any illegal trade or activity on or
about the Property.
44. The Landlord and Tenant will comply with standards of health,
sanitation, fire, housing and safety as required by law.
45. The Landlord will use reasonable efforts to maintain the Property
in such a condition as to prevent the accumulation of moisture and the growth
of mold, and to promptly respond to any written notices from the Tenant in
relations to accumulation of moisture and visible evidence of mold.
46. The Tenant will use reasonable efforts to maintain the Property in
such a condition as to prevent the accumulation of moisture and the growth of
mold, and to promptly notify the Landlord in writing of any moisture
accumulation that occurs or of any visible evidence of mold discovered by the
Tenant.
47. The Tenant agrees that no signs will be placed or painting done on
or about the Property by the Tenant or at the Tenant's direction without the
prior, express, and written consent of the Landlord. Notwithstanding the above
provision, the Tenant may place election signs on the Property during the
appropriate time periods.
48. If the Tenant is absent from the Property and the Property is
unoccupied for a period of four consecutive days or longer, the Tenant will
arrange for regular inspection by a competent person. The Landlord will be
notified in advance as to the name, address and phone number of the person
doing the inspections.
49. The Tenant will professionally clean the carpets every year (6
months if they own a pat) at their own expense and must provide the Landlord
with the receipt as proof of said cleaning.
50. Footwear which are soiled or wet should be removed at the entrance
to the building in which the Property is located and taken into the Tenant's
Property.
51. At the expiration of the term of this Lease, the Tenant will quit
and surrender the Property in as good a state and condition as they were at the
commencement of this Lease, reasonable use and wear and tear excepted.
Carbon Monoxide and Fire Alarms
52. Prior to the Tenant taking possession of the Property, the
Landlord will ensure that any carbon monoxide and fire alarms in place are
operational. Upon possession, the Landlord will provide the Tenant with working
batteries, for all carbon monoxide and fire alarms. The Landlord will be
responsible for the repair and replacement of any missing or nonfunctional
carbon monoxide and fire alarm upon written request of the Tenant.
53. The Tenant will keep, test, and maintain in good repair all the
carbon monoxide and fire alarms in the Property. The Tenant must provide the
Landlord or the Landlord’s agent with a written notice if any carbon monoxide
or fire alarm needs its batteries replaced or if the alarm is stolen, removed,
missing, or not operational. Further, the Tenant must notify the Landlord, or
its agent, in writing of any deficiency in any carbon monoxide or fire alarm
that the Tenant is unable to fix.
54. No person may remove any batteries from, or in any way render
inoperable, a carbon monoxide or fire alarm except as part of the process to
inspect, maintain, repair or replace the alarm or batteries in the alarm.
Hazardous Materials
55. The Tenant will not keep or have on the Property any article or
thing of a dangerous, flammable, or explosive character that might unreasonably
increase the danger of fire on the Property or that might be considered
hazardous by any responsible insurance company.
Rules and Regulations
56. The Tenant will obey all rules and regulations posted by the
Landlord regarding the use and care of the building, parking lot, laundry room
and other common facilities that are provided for the use of the Tenant in and
around the building containing the Property.
Lead Warning
57. Housing built before 1978 may contain lead based paint. Lead from
paint, paint chips, and dust can pose health hazards if not taken care of
properly. Lead exposure is especially harmful to young children and pregnant
women. Before renting pre-1978 housing, lessors must disclose the presence of
known lead-based paint hazards in the dwelling. Lessees must also
receive a Federally approved pamphlet on lead poisoning prevention.
Address for Notice
5 58. For any matter relating to this tenancy, the Tenant may be
contacted at the Property or through the phone number below
a. Name: _________________________ and _________________________.
b.
Phone:
_________________________.
59. For any matter relating to this tenancy, whether during or after
this tenancy has been terminated, the Landlord's address for notice is:
a. Name: Erin Kern; Matthew Kern.
b. Address: 254 S. 1000 E. Pleasant Grove, UT 84062
The contact information for the Landlord is:
c. Phone: 801-821-7772.
d. Email address: erinrachellekern@gmail.com.
General Provisions
60. All monetary amounts stated or referred to in this Lease are based
in the United States dollar.
61. Any waiver by the Landlord of any failure by the Tenant to perform
or observe the provisions of this Lease will not operate as a waiver of the
Landlord's rights under this Lease in respect of any subsequent defaults,
breaches or non-performance and will not defeat or affect in any way the
Landlord's rights in respect of any subsequent default or breach.
62. This Lease will extend to and be binding upon and inure to the
benefit of the respective heirs, executors, administrators, successors and
assigns, as the case may be, of each party to this Lease. All covenants are to
be construed as conditions of this Lease.
63. All sums payable by the Tenant to the Landlord pursuant to any
provision of this Lease will be deemed to be additional rent and will be
recovered by the Landlord as rental arrears.
64. Where there is more than one Tenant executing this Lease, all
Tenants are jointly and severally liable for each other's acts, omissions and
liabilities pursuant to this Lease.
65. Locks may not be added or changed without the prior written
agreement of both the Landlord and the Tenant, or unless the changes are made
in compliance with the Act.
66. The Tenant will be charged an additional amount of $25.00 for each
N.S.F. check or checks returned by the Tenant's financial institution.
67. If the Tenant moves out prior to the natural expiration of this
Lease, a rerent levy of $500.00 will be charged to the Tenant.
68. The Tenant will professionally steam clean the carpets at the
termination of this Lease or the Landlord may charge the Tenant or deduct the
cost of having the carpets professionally steam cleaned from the security
deposit.
69. Headings are inserted for the convenience of the parties only and
are not to be considered when interpreting this Lease. Words in the singular
mean and include the plural and vice versa. Words in the masculine mean and
include the feminine and vice versa.
70. This Lease and the Tenant's leasehold interest under this Lease
are and will be subject, subordinate, and inferior to any liens or encumbrances
now or hereafter placed on the Property by the Landlord, all advances made
under any such liens or encumbrances, the interest payable on any such liens or
encumbrances, and any and all renewals or extensions such liens or
encumbrances.
71. This Lease may be executed in counterparts. Facsimile signatures
are binding and are considered to be original signatures.
72. This Lease will constitute the entire agreement between the
Landlord and the Tenant. Any prior understanding or representation of any kind
preceding the date of this Lease will not be binding on either party except to
the extent incorporated in this Lease.
73. The Tenant will indemnify and save the Landlord, and the owner of
the Property where different from the Landlord, harmless from all liabilities,
fines, suits, claims, demands and actions of any kind or nature for which the
Landlord will or may become liable or suffer by reason of any breach, violation
or non-performance by the Tenant or by any person for whom the Tenant is
responsible, of any covenant, term, or provisions hereof or by reason of any
act, neglect or default on the part of the Tenant or other person for whom the
Tenant is responsible. Such indemnification in respect of any such breach,
violation or non-performance, damage to property, injury or death occurring
during the term of the Lease will survive the termination of the Lease,
notwithstanding anything in this Lease to the contrary.
74. The Tenant agrees that the Landlord will not be liable or
responsible in any way for any personal injury or death that may be suffered or
sustained by the Tenant or by any person for whom the Tenant is responsible who
may be on the Property of the Landlord or for any loss of or damage or injury
to any property, including cars and contents thereof belonging to the Tenant or
to any other person for whom the Tenant is responsible.
75. The Tenant is responsible for any person or persons who are upon
or occupying the Property or any other part of the Landlord's premises at the
request of the Tenant, either express or implied, whether for the purposes of
visiting the Tenant, making deliveries, repairs or attending upon the Property
for any other reason. Without limiting the generality of the foregoing, the
Tenant is responsible for all members of the Tenant's family, guests, servants,
tradesmen, repairmen, employees, agents, invitees or other similar persons.
76. During the last 30 days of this Lease, the Landlord or the
Landlord's agents will have the privilege of displaying the usual 'For Sale' or
'For Rent' or 'Vacancy' signs on the Property.
77. Time is of the essence in this Lease. Every calendar day
except Saturday, Sunday or U.S. national holidays will be deemed a business day
and all relevant time periods in this Lease will be calculated in business
days. Performance will be due the next business day, if any deadline falls on a
Saturday, Sunday or a national holiday. A business day ends at five p.m. local
time in the time zone in which the Property is situated.
78. The Landlord may terminate the Lease at any time and for any
reason. The Tenants will be given no fewer than 30 days notice.
IN WITNESS WHEREOF _________________________
and _________________________ and Erin Kern and Matthew Kern have duly affixed
their signatures on this _____ day of _____________, 20____.
_________________________ _________________________
Tenant Tenant
_________________________ _________________________
Erin Kern
Matthew
Kern
The Tenant acknowledges receiving a duplicate copy of this Lease
signed by the Tenant and the Landlord on the _____ day of ____________, _____.
_________________________________
Tenant: _________________________ _________________________________ Tenant: _________________________ |
No comments:
Post a Comment