HOUSE RULES
(For Subsidized Programs)
THESE HOUSE RULES (these“House Rules”) are attached to, incorporated into and made an integral part of the Lease for Subsidized Programs (as amended from time to time, the “Lease”), dated as of the Lease Date set forth in the Lease, by and between Landlord and Resident. Any word with its initial letter capitalized and not defined in these House Rules shall have the meaning given to it in the Lease. The provisions of these House Rules amend provisions of the Lease. As used in these House Rules, the term “Resident” has the same meaning as “tenant” under applicable HUD statutes, regulations and rules. Accordingly, “Resident” may sometimes be referred to in the Lease as “Tenant.”
A.Landlord:
B.Resident:
C.Community:
D.Apartment Unit:
E.Statement of Purpose:Landlord desires to maintain an outstanding Community. In order to promote and maintain the Community, and as a condition of residency, Landlord has established these House Rules for the comfort and convenience of all Community residents.
F.Defined Terms:As used in these House Rules, “Resident Party” means Resident, Additional Live-In Residents (as defined below) and their guests and invitees. “Additional Live-In Resident” means (i) a person who is under 18 years of age, or has a legal guardian, as identified in Resident’s rental application or as subsequently changed with the prior written consent of Landlord or (ii) any Live-In Aide as identified in any Live-In Aide Addendum (if any).
RESIDENT HAS READ AND SHALL ABIDE BY ALL OF THE RULES, REGULATIONS AND AGREEMENTS IN THESE HOUSE RULES. RESIDENT ACKNOWLEDGES AND AGREES THAT A VIOLATION BY ANY RESIDENT PARTY OF ANY OF THE TERMS AND CONDITIONS OF THESE HOUSE RULES SHALL CONSTITUTE A DEFAULT BY RESIDENT. RESIDENT ACKNOWLEDGES AND AGREES THAT THESE HOUSE RULES MAY BE CHANGED FROM TIME TO TIME BY LANDLORD UPON ADVANCE WRITTEN NOTICE TO RESIDENT IN ACCORDANCE WITH THESE HOUSE RULES.
RESIDENT(S):Signature:
Print Name:
Date:
Signature:
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Date: / Signature:
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Date:
Signature:
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LANDLORD:
Signature:
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RESIDENT AGREES AS FOLLOWS:
1.General.
1.1Management Office; Landlord’s Representative. As referenced in the Lease, the management company that manages the Community for Landlord is referred to herein and in the Lease as “Landlord’s Representative”. Landlord’s Representative is Landlord’s agent. Office hours for Landlord’s Representative are as follows:8:00 am to 4:30 pm Monday through Friday (except holidays), closing for lunch from 12:00 noon to 1:00 pm. The office phone number for Landlord’s Representative is 970-249-8014 and its email address is .
1.2Notification of Changes. A Resident shall notify Landlord in writing within 10 days after any change in such resident’s employer, employer telephone number, or home telephone number.
1.3Service Requests. All requests for service shall be made, in writing, to the on-site office of Landlord’s Representative. Unless otherwise specified in writing by Resident, a request by Resident to Landlord or Landlord’s Representative for a maintenance, repair or other service request shall be deemed consent by Resident for Landlord and/or Landlord’s Representative to enter the Apartment Unit. Normal service repairs are to be made during business hours Monday through Friday. For your convenience and information, a set of instructions for the operation of appliances and mechanical equipment is available upon request. Resident is responsible for the cost of all repairs resulting from the negligence or intentional act of any Resident Party and for any damage beyond normal wear and tear. All damage charges must be paid within 30 days of the date charged.
1.4Payment of Rent. Rent is due and payable on the first (1st) day of each month. Late fees will be applied to any rent past due. If rent is not paid by the sixth (6th) day of the month, Landlord may take legal action in accordance with the Lease. No partial payments and no cash will be accepted. Landlord may charge a service fee, equal to the amount of bank charges incurred, for any check returned after the second occurrence. Landlord reserves the right to require payment in the form of certified check or money order after Resident has two returned checks.
1.5Grievance Procedure. Before contacting Landlord, Resident should attempt to resolve any dispute with a neighbor personally. If your efforts are unsuccessful, you may file a complaint with Landlord’s Representative, in writing, signed and dated by Resident. Resident also may file a complaint against Landlord or Landlord’s Representative. Any complaint must identify the specific problem, the names of any witnesses or other evidence, and the steps Resident has taken to resolve the problem. Landlord reserves the right to respond to any complaint consistent with the Lease and these House Rules. If Resident believes that Resident has not received an adequate response to Resident’s complaint, Resident may contact the regional manager or property manager’s corporate office at 303-322-8888.
1.6House Rules; Modifications. Resident Parties shall comply with these House Rules. Landlord may make reasonable policy changes that are applicable to all residents if in writing and given to Resident 60 days in advance. All policy changes shall be effective immediately and shall constitute a part of the Lease. Resident acknowledges receipt of theseHouse Rules from Landlord prior to the execution of the Lease and understands that the terms and conditions of theseHouse Rules are incorporated in the Lease.
1.7General. If any provision of these House Rules is invalid or unenforceable under applicable law, such provision shall be amended to comply with such law. The reformation of any provision of these House Rules shall not invalidate these House Rules or the Lease. An invalid provision that cannot be reformed shall be severed and the remaining portions of these House Rules shall be enforced. Any breach of the terms of these House Rules shall constitute a breach of the Lease to the same extent and with the same remedies to Landlord as provided in the Lease or otherwise available at law or equity. These House Rules do not limit any of Landlord’s rights or remedies stated in the Lease, which are cumulative of those stated in these House Rules.
2.Emergencies; Safety; Liability and Insurance.
2.1Emergency. In the event of an emergency, such as a natural disaster, injury, sickness, or death, criminal or suspicious activity, call 911 directly for help rather than LANDLORD OR LANDLORD’S REPRESENTATIVE. Notify Landlord and/or Landlord’s Representative immediately only AFTER calling 911. If an emergency occurs which jeopardizes the health, safety or welfare of any Resident Party or persons in the Community, or if Landlord is otherwise required by Law, Landlord may take any such action in light of such emergency as necessary to protect the health, safety and welfare of Resident Parties and employees.
2.2Fire Safety. Residents are responsible for notifying Landlord’s Representative when a fire extinguisher, sprinkler, or other fire suppression device activates, or when a smoke detector is damaged or becomes inoperable. If Landlord’s Representative discovers UNREPORTED discharges or damage to fire prevention or detection equipment, a charge may be assessed against Resident for replacement. DO NOT REMOVE OR TAMPER WITH ANY FIRE PROTECTION OR DETECTION EQUIPMENT! DO NOT:
(a)Leave stove unattended or allow grease to accumulate in cooking areas;
(b)Smoke carelessly (ensure all smoking is done in accordance with the provisions of the Lease and these House Rules and that all smoking materials are completely extinguished and ashes are disposed of properly);
(c)Play with or allow play with matches or lighters;
(d)Leave an iron or lit candle unattended;
(e)Overload wall plugs or extension cords; or
(f)Store anything in the furnace or hot water heater areas.
Fire-related damage to an Apartment Unit or any other portion of the Community caused by a Resident Party is cause for immediate action up to and including Lease termination. Resident will be responsible for all repairs to the Apartment Unit and any other portion of the Community.
2.3Liability and Insurance.
(a)Disclaimer of Liability; Insurance. Each Resident is responsible for insuring their personal property for loss and damage. Resident acknowledges and agrees that Landlord and Landlord’s Representative are not responsible for the loss or damage to any personal possessions and property. Such items are not covered by the Community’s insurance and are not the responsibility of Landlord. LANDLORD AND LANDLORD’S REPRESENTATIVE ARE NOT INSURERS FOR RESIDENT’S PERSONAL PROPERTY. LANDLORD STRONGLY RECOMMENDS THAT RESIDENT SECURE INSURANCE TO PROTECT AGAINST PERSONAL INJURY AND PROPERTY DAMAGE, INCLUDING LOSSES FROM THEFT, FIRE, WATER DAMAGE AND VANDALISM.
(b)Personal Safety. Landlord’s Related Parties do not guarantee or warrant Resident’s personal security or safety. Landlord has no duty to provide security services. Any protective steps (such as courtesy patrols or guards) that Landlord takes are neither a guarantee nor warranty against criminal acts or against the violent tendencies of third persons in the Community or otherwise. In the event of criminal activity, Resident should immediately contact the police department.
(c)Responsibility. Resident’s head of household shall be responsible for the conduct and actions of all Resident Parties (including, without limitation, residents, guests and invitees), and liable for the actions of those parties.
3.Use and Use Restrictions; Condition of the Apartment Unit.
3.1Limitations on Use. Resident may use the Apartment Unit only as a private residence and, except as expressly set forth in this Section 3.1, not for any business or commercial use (including child care on a regular or full-time basis); however, Resident may maintain a home office in connection with a full-time off-premises business office (including telecommuting) as long as the home office use does not involve visitors, patrons or other persons coming to the Apartment Unit or the sale of goods or services from or to the Apartment Unit. Resident also may conduct incidental business such as computer work, limited babysitting, etc., in the Apartment Unit only if all of the following requirements are satisfied:
(a)Resident must first provide written notice to Landlord or Landlord’s Representative of such proposed use;
(b)Such use shall not involve the sale of goods from or to the Apartment Unit;
(c)Such use shall not create excessive foot or motor vehicle traffic as determined by Landlord;
(d)No sign, advertisement, or notice shall be inscribed, painted or affixed on any part of the inside or the outside of the Community in connection with such use;
(e)Resident shall comply and shall ensure that any Resident Party in connection with such use complies with Section 7 (Parking) of these House Rules;
(f)Resident shall not create or permit any disturbing noises in or about the Apartment Unit or the Community by any Resident Party in connection with such use or otherwise interfere with the rights of other residents or surrounding neighbors, including the right to peaceful and quiet enjoyment, by any Resident Party. No Resident Party shall engage in any activity that would constitute an offense against persons, public order, or public health or decency, or that involves fraud, deception, firearms, or other weapons in connection with such use; and
(g)Such use only may be conducted during normal during business hours Monday through Friday.
3.2Smoking. NO SMOKING is allowed in any common areas of the buildings, including hallways, breezeways, common rooms, etc. Smokers must be at least 25 feet away from the exterior of any Community entrance/exit doors. No smoking shall be permitted in any Apartment Unit where oxygen tanks or production devices are used or stored. Resident must inform guests and invitees of the smoking policy set forth above. Neither Landlord nor Landlord’s Representatives guarantees or warrants Resident’s health or the smoke-free condition of the areas listed above.
3.3Guests. Only the persons listed on the Lease are considered members of the household and are allowed to live in the Apartment Unit. A visit is considered to be no longer than 14 consecutive days in duration, or 28 days per year. Any visit that extends beyond four (4) days must have prior written consent from Landlord’s Representative. No one other than persons listed on the Lease will be admitted by Landlord into the Apartment Unit without your prior written permission.
3.4Utilities. Residents who pay their own utilities are responsible for continuous service of all utilities other than telephone to the Apartment Unit and must provide written proof of utility service prior to move-in. Resident shall not allow any utility, other than telephone, to be interrupted or interfered with or disconnected by any means, including the non-payment of a bill, until the end of the Lease Term. Utility shut off from an Apartment Unit is a HAZARDOUS ACT and may result in termination of the Lease. Resident shall pay any Utility Reconnect Fee associated with gas or electricity, either directly to the utility provider or to Landlord, if paid by Landlord on Resident’s behalf.
3.5Posting Flyers. Flyers may be posted only in designated areas, if any. If flyers are allowed to be posted, Landlord may remove any commercial or offensive material, or material which is not in keeping with the nature of the Community, as determined by Landlord.
3.6Solicitors and Salespeople. Solicitors and salespersons are not allowed in the Community. Residents shall immediately report all solicitors or salespeople to Landlord’s Representative.
3.7Trash Removal. Residents shall wrap all refuse securely and place it in a designated receptacle or chute. Trash may not be disposed of by any other means at the Community. Residents shall not place large articles, such as furniture or mattresses, for trash removal and instead shall contract with private disposal services. Boxes shall be completely collapsed before disposal. Residents shall not dispose of hazardous materials at any trash receptacles, chute or other location at the Community. Residents shall dispose of refuse only in compliance with applicable laws. If a Resident needs to dispose of fireplace ashes, consult with Landlord’s Representatives, in advance, regarding proper disposal procedures. A Resident who fails to properly dispose of large items may be charged the actual disposal fee incurred by Landlord. Children must be accompanied by an adult when taking trash to the dumpster.
3.8Unit Appearance and Interior Alterations. Resident shall not make any alterations, improvements, or installations to the interior or exterior of the Apartment Unit, including wallpapering, contact paper, cork boards, mirrored squares, painting, awnings, window guards, shelves, screen doors, carpeting, alarm systems, electrical systems, telephone, computer, cable television outlets, shower head devices, washers, dryers (portable or otherwise), fans, heaters, or air conditioners without the prior written consent of Landlord. Interior painting can only be completed by Landlord’s Representative. Clutter and debris is not allowed on balconies, breezeways, common areas or stairs. Laundry is not allowed to be hung from balconies or windows. No yard or porch sales are allowed without prior written approval from Landlord or Landlord’s Representative.
3.9Window Treatments. Residents shall use only those window coverings provided by Landlord and may not use other window coverings. However, if Landlord does not provide window coverings, then all window treatments must appear white to the outside. Residents shall not use sheets, blankets, foil, etc., in place of draperies or blinds. Residents shall not place objects on a window sill which are visible from the outside. Landlord reserves the right to determine the acceptability of any window coverings.
3.10Appliances.
(a)Residents shall not overload dishwashers and shall use detergents made for automatic dishwashers.
(b)Residents shall turn on cold water before starting the disposal, and not grind bones, rinds, pasta, rice or stringy foods. If a disposal stops, Resident shall check the reset button (normally located on the outside bottom of the disposal) before reporting the problem to Landlord’s Representative.
(c)Residents shall not put paper towels, disposable diapers, aluminum can tabs, sanitary napkins, food, tampons, toilet wipes, baby wipes or cotton swabs in the toilets. Resident shall not use Clorox or similar tablets in toilets.
(d)If the Apartment Unit does not have a frost-free refrigerator, the refrigerator shall be defrosted when there is approximately one inch of frost. Do not use sharp objects to defrost a freezer.
(e)Do not install additional appliances without written approval from Landlord or Landlord’s Representative.
3.11Mold. Resident shall use best efforts to prevent any conditions in the Apartment Unit, such as excessive moisture, that could create an environment conducive to mold growth. If such conditions develop, Resident shall notify Landlord immediately and shall remedy any such conditions caused by any Resident Party. Landlord’s Related Parties are not responsible for the consequences of any conduct of any Resident Party that leads to or exacerbates mold growth. Resident promptly shall report to Landlord, in writing, any actual or potential moisture or mold problem, regardless of what may have caused such problem. If Landlord notifies Resident of Landlord’s intention to remediate mold in the Apartment Unit, Resident shall provide immediate access to the Apartment Unit to permit Landlord to remediate any problem. If Landlord determines that Resident should vacate the Apartment Unit during remediation, Landlord may temporarily relocate Resident at Landlord’s expense for the period of time necessary to complete such remediation. Resident’s refusal to relocate in accordance with these provisions, or any other interference with Landlord’s remediation efforts, shall constitute a breach of the Lease by Resident.
3.12Insect and Other Infestations; Limitations on Used Furniture. Resident shall use best efforts to prevent any conditions in the Apartment Unitthat could create insect, parasite, rodent or other infestations. If such conditions develop, Resident shall notify Landlord immediately and shall remedy any such conditions caused by any Resident Party. Landlord’s Related Parties are not responsible for the consequences of any conduct of any Resident Party that leads to or exacerbates an infestation. Resident promptly shall report to Landlord, in writing, any actual or potential infestation, regardless of cause. If Landlord notifies Resident of Landlord’s intention to remediate any infestation in the Apartment Unit, Resident shall provide immediate access to the Apartment Unit to permit Landlord to remediate any problem. In order to prevent possible infestations in the Apartment Unit, Resident agrees that no Resident Party shall be permitted to bring any used furniture item (including, without limitation, mattresses, couches or other personal property prone to infestation) into the Apartment Unit unless and until Landlord has inspected and approved such furniture.