RESIDENTIAL RENTAL AGREEMENT
Harmony Apartments Owned and Operated By:
205 East 4600 South Harmony Investment Properties, LLC
Murray, Utah 84107 801-712-0453 or 801-712-0454
RECEIVED FROM , Lessee hereinafter referred to as Resident, the sum of $ DOLLARS evidenced by ( ) Cash ( ) Check ( ) Other, as a deposit which, upon acceptance of this rental agreement, shall belong to the Lessor of the premises, hereinafter referred to as Owner, and shall be applied as follows:
Monthly Rental Amount $ Received PAYABLE PRIOR
TO OCCUPANCY
Rent for the period from:
to $ $
(Pro Rate to End of Month)
Last $ $
Security Deposit
Refundable Security Deposit $ $
Lease Initiation Fee $ $
Other
TOTAL $ $
*LEASE BUY-OUT AMOUNT (if applicable) $
*The Lease Buy-Out Amount will be an amount required to terminate lease before end of agreed term. Thirty-day prior written notice must be given to terminate, and all amounts due must be paid up. Resident will still be responsible for condition of premises. If no amount is given, or if it is stated as $0, the amount shall be deemed to be the full amount due through the termination of the term. The lease may only terminate on the last day of a month unless otherwise agreed by Owner or due to default.
MOVE IN DISCOUNTS: Subject to completion of the terms of this lease. Owner shall grant to Resident the following discounts: n/a
In the event Resident fails to complete the entire term (regardless of the reason, even eviction by Owner) or violates any other term of this agreement, Owner shall be entitled to recover the amounts stated above that were discounted to Resident. It is agreed that any concession shall be deemed a rental payment deferment, which shall become due and payable upon breach or at the termination of the lease unless the lease is completed wherein the deferred rental payment shall be forgiven.
FEES: Unless otherwise provided for, any violation or infraction of the Lease or House Rules will result in the following action:
· 1st Offense: $25 fee per incident or per month.
· 2nd Offense: $50 fee per incident or per month.
· 3rd and Subsequent Offenses: $100 fee per incident or per month and subject to termination of lease.
· Charges for damages may apply.
· Service of Notice Fee: $50.00
If this agreement is not accepted by the Owner or his agent, within 0 days, the total deposit received shall be refunded. Resident agrees to rent from the Owner of the premises situated in
the City of Murray ,
County of Salt Lake , State of Utah 84107 ,
located at 205 East 4600 South ,
Apt No. , consisting of 2 bedrooms, 1 bath upon the following
TERMS and CONDITIONS.
1. TERM: The term shall begin on 20 and continue
(Check one of the following alternatives)
( ) on a lease basis until 20
( ) on a month to month basis until the tenant shall terminate by giving the Owner
30 days notice prior to the end of the rental period or Owner shall
terminate by giving tenant 15 day notice prior to the end of the Rental period.
This agreement will automatically renew on a month to month basis at the end of lease term unless notice is given by either party at least thirty days before initial term ends.
2. RENT: Rent shall be $ per month, payable in advance upon the 1st day of each calendar month to Owner or his authorized agent at the following address:
3434 East 7800 South #155; Salt Lake City, Utah 84121 .
If rent is not paid within 5 days after due date, Resident agrees to pay a late charge of $25.00 plus $3per day additional charge until account is paid in full. Resident also agrees to pay $25.00 for a dishonored bank check. If check is dishonored, the Owner may require renter to make all future payments with cash or cashier's check, and Owner will provide receipt for all such payments. The Owner may require Resident to pay 2% per month interest on outstanding delinquent amounts.
3. SECURITY DEPOSIT: The security deposit set is to be paid at time of agreement and shall secure the performance of the Resident’s obligations. Any sums due or owing to Owner by Resident may be deducted from this deposit; deductions will be used to pay for non-rent items first. Any remaining deposit shall be returned to Resident within thirty days of move out if Resident has fulfilled ALL of the following conditions:
1. Resident has provided written, thirty day notice to Owner prior to the date of termination or expiration.
2. Resident has no monies in excess of deposit amount due.
3. Resident has thoroughly cleaned the premises, appliances and fixtures. Owner may deduct from deposit all reasonable charges to accomplish cleaning or repair from damage above normal wear and tear.
4. All individuals occupying the premises have surrendered premises to Owner, and all keys to the premises, mailbox, or storage rooms have been returned to Owner.
5. Resident has supplied the Owner with a forwarding address, in writing, in order to send any correspondence.
RESIDENT MAY NOT APPLY SECURITY DEPOSIT TO PAYMENT OF LAST MONTH'S RENT.
4. DEPOSIT/REFUNDS: Any refundable deposits shall be delivered or mailed to the Resident within 30 days of termination of tenancy or within 15 days of receipt of Residents new mailing address, whichever is later.
5. MULTIPLE OCCUPANCY: It is expressly understood that this agreement is between Owner and signatories, jointly and severally. In the event of default by any one signatory, each and every remaining signatory shall be responsible for timely payment of rent and all other provisions of this agreement.
6. UTILITIES: Resident shall be responsible for the following utilities and services:
( ) Water ( ) Sewer (X) Gas (X) Electricity (X) Other Telephone, Cable TV, etc.
7. DISCLOSURE AND ACKNOWLEDGEMENT REGARDING SMOKING: Resident waives any right to a cause of action for a nuisance pursuant to Utah Code 78-38-1 (3) (smoke and second hand smoke) and holds Owner harmless for any damages relating to smoke. Resident acknowledges that smoke from outside the Premises or from adjoining Premises may drift into Resident’s Premises. Resident specifically agrees to abide by the smoking policies of Owner. This waiver shall apply to all occupants and minors. Second hand smoke is defined as a nuisance and may be a cause for eviction. Resident shall abide by any regulations promulgated by Owner regarding smoking. Further Resident acknowledges that smoking damages the Premises and agrees to pay for any such damage. Smoking is prohibited inside apartments and on walkways. The only area where smoking is allowed is the north stairway entrance on the same level as the ash tray. Cigarette butts should be disposed of in the ash tray. If either tenant or guest smokes in the apartment, resident is in default of lease agreement and can be evicted. If tenant or guest smokes in a non-smoking area, tenant will be fined.
8. USE: The premises shall be used as a residence by the undersigned adults and children and for no other purpose without the prior written consent of the Owner. Occupancy by guests staying for more than seven days will be considered to be in violation of this provision unless prior written consent is given by Owner.
9. PETS: No pets shall be brought on the premises EVEN TEMPORARILY, without the prior written consent of the Owner. The unauthorized presence of a pet will subject the Resident to damages and termination.
10. HOUSE RULES: Resident, guests and other occupants, agree to abide by all house rules, which are hereby made part of this agreement, including but not limited to rules with respect to noise, odors, disposal of refuse, pets, parking and use of common areas. Residents shall not have a waterbed on the premises. Resident understands that all guests and occupants are bound by this agreement.
11. ORDINANCES & STATUTES: Owner and Resident shall comply with all laws, health codes, and regulations of all municipal, state and federal authorities.
12. ASSIGNMENT & SUBLETTING: Resident shall not assign this agreement or sublet any portion of the premises without prior written consent of the Owner.
13. MAINTENANCE, REPAIRS, OR ALTERATIONS: Resident accepts the premises as being in good order and repair, unless otherwise indicated. Resident shall at his or her own expense, maintain the premises in a clean and sanitary manner including all equipment, appliances, furniture, and furnishings therein, and shall surrender the same at termination in as good condition as received, normal wear and tear is accepted. Resident shall be responsible for all repairs required for damages caused by Resident's negligence and that of Residents family, invites, or guests. Residents shall not paint, or otherwise redecorate or make alterations to the paint, without written consent of the Owner. Residents shall not remove Owner's fixtures, furniture, or furnishings from the apartment for any purpose. When Resident moves in, Owner shall furnish light bulbs of prescribed wattage for apartment sockets, thereafter, light bulbs will be replaced at the Residents' expense. Light bulbs shall be 60 watts or less. Resident agrees to notify Owner of any malfunction or worn out batteries in smoke detectors.
14. RIGHT OF ENTRY: Unless otherwise restricted by law, Owner may enter the premises during reasonable hours with or without notice in order to inspect, make repairs, provide general or preventive maintenance, replace filters, leave any notices or other reasonable business purposes while Resident is present in the premises. If Resident is not present at the premises, Resident can request written notice of and the reason for any such entry made. If, in Owner’s opinion, there exists an emergency or a violation of this agreement exists, Owner may enter without notice at any time for any inspection, repair, or to determine the condition or occupancy of the premises. It is the intent of the parties hereto that this provision grant to Owner immediate access if Resident is in default of any term of this agreement and that this provision be interpreted with the existing law to grant as broad and timely access as possible and permissible. Any request for maintenance or repairs shall be deemed to give Owner authority to enter the premises without further permission unless specifically restricted in writing from Resident. Owner may secure the premises at any time Owner deems in its sole discretion, that the security of the premises may have been compromised, including but not limited to death of a Resident, incarceration, or hospitalization of a Resident, usage of the premises by non-residents, and protection of Owner’s security.
15. POSSESSION: If Owner is unable to deliver possession of the premises as agreed, Owner shall not be liable for damages caused. Residents shall not be liable for any rent until possession is delivered. Resident may terminate this agreement if possession is not delivered as agreed above.
16. ATTORNEY'S FEES: If legal action is taken by either party to enforce this agreement or to enforce any rights arising out of the breach of this agreement, the prevailing party shall be entitled to all costs incurred with such action, including reasonable attorney's fees and collection costs, with or without suit.
17. WAIVER: No failure of Owner to enforce any part of this agreement shall be deemed a waiver, nor shall any acceptance of a partial payment of rent be deemed a waiver of Owner's right to full amount.
18. SEVERABILITY: Should any provision of this agreement be held invalid or unenforceable, the remainder of the agreement shall not be affected thereby.
19. NOTICES: All notices shall be given in accordance with state laws. Where requirements are not spelled out by law, notice may be given by mailing the same, postage pre-paid, to Resident at the premises or to the Owner at the address shown below or at such other places as may be designated.
20. REIMBURSEMENT BY RESIDENT: Resident agrees to reimburse Owner promptly for replacement cost of any loss, property damage, or cost of repairs or services (including plumbing trouble) caused by negligence or improper use by Resident, his agents, family or guests. Resident will be responsible for damage from windows or doors left open. Such reimbursement is due when Owner makes demand. Owners' failure to demand damage reimbursements, late payment charges, returned check charges, or other sums due by Resident shall not be deemed a waiver, and Owner may demand same at any time, including after move-out.
21. LIMITED LIABILITY: Owner will not be liable for any damages or losses to person or property caused by any Resident or other person, including, but not limited to, any theft, burglary, assault, vandalism, or other crimes. Owner shall not be liable for any personal injury to Resident unless caused by gross negligence of Owner. Owner shall not be liable for damage to or loss of Resident’s personal property (furniture, jewelry, clothing, etc.) from any cause including but not limited to fire, flood, water leaks, theft, rain, hail, ice, snow, smoke, structural problems, explosions, interruptions of utilities, sonic booms, acts of God, negligent behavior of Owner or its agents unless such injury or damage is caused by gross negligence of Owner or its agents. Owner strongly recommends that Resident secure renters insurance to protect against all of the above occurrences. Resident agrees to indemnify and hold harmless Owner and its representatives from any and all liability for actions or inactions of Resident which cause damage or injury to any party or person. Resident agrees that locks and latches are acceptable subject to Owner’s duty to make needed repairs upon request of Resident. Upon payment of a reasonable charge, Resident shall have the right to require Owner to change (re-key) a door lock for a fee. Resident may not place its own locks on the Premises. Resident shall pay for and replace smoke detector and/or carbon monoxide detector batteries as needed. If Owners employees are requested to render services not contemplated in this agreement, Resident agrees to hold Owner harmless for all liability regarding the same. This agreement is subordinate to all present or future mortgages or security interests placed on the property of which these Premises are a part; and subject to the provisions of any regulatory agreement with any Housing Authority and others that burden such property. Owner may provide security patrols and or security equipment for the purpose of protecting its property. However, Owner will not provide any security for Residents. Each Resident is responsible for its own personal security and the security of its property. It is acknowledged that the Premises have been occupied and used by other individuals and that Owner cannot represent what such persons have had or done within the Premises. Resident acknowledges that it will not hold Owner, its agents, or employees liable for prior actions within the Premises by other occupants or their guests including such actions that may have unknown continuing residual effects on the Premises.