Rental Contract


This is a rough copy of our rental agreement, the spacing is off because it is formatted for a doc, not a web page.  The purpose for the page is to give you preview of the wording and specifications of the content within the agreement.

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THIS RENTAL AGREEMENT, is made this First day of      , 2011, between Gary Byers, hereinafter designated as the Owner/Landlord, and       &      , jointly & severally, hereinafter designated as the Tenant(s).
IT IS AGREED: That said Owner does hereby rent to Tenant(s) the residence located at 7113 NE 55th Av. Vancouver WA 98661.
1. TERM: The premises are rented on a month to month basis, commencing       1, 20     , and continuing on a month to month basis then terminating indefinitely thereafter. Tenant or Owner shall be required to give notice of termination as outlined in Section 8 of this Agreement.
2. RENT: Tenant shall pay rent for the above premises in the amount of$ 950.00, plus interest as may be earned through any investments by the Landlord of the Tenant’s security deposit during the term of tenancy. All rents are payable on the first (1st) day of each month, in advance, to the Landlord. Rent checks shall be payable to: GARY BYERS, and must be sent to PO BOX 488 Camas WA, 98607.
a) If rent is postmarked BEFORE the first day of the month, the rent for that month shall be reduced by fifty ($50) dollars.
b) If rent is not postmarked by the fifth (5th) day of the month, a late fee of twenty ($20) dollars per day will be imposed [or if court ordered eviction, a flat fee of fifty ($50) dollars]. Any checks returned as NSF will be charged a fifty ($50) dollar NSF check charge, in addition to the accrued late fee. If rent is not received by the tenth 10th day of the month Tenant will be served with an eviction notice based on non-payment of rent (3-day notice to pay rent or vacate) and will be charged a notice fee of thirty-five ($35) dollars in addition to any other applicable fees. Tenant acknowledges and agrees that the date payment is received will be determined by the united states post office marked date on the envelope when retrieved from the PO BOX.
c) Tenant shall make all rental payments in full by the due date. Payment or receipt of a rental payment of less than the full amount shall be deemed to be nothing more than partial payment on that month’s account, or any month’s past due account which remains owing. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner’s right to collect the balance due on the account, despite any endorsement, stipulation, or other statement made on any check.
d) Tenant agrees and understands that the last month of occupancy will not be pro-rated; this is a month-to-month rental agreement. The entire months rent must be paid.

3. MOVE IN FEES NON-REFUNDABLE

  • CLEANING FEE $ 9.00
  • PET FEE $ 150.00
UTILITIES: Tenant shall pay for services and utilities supplied to the premises, except NONE which will be furnished by Owner.

4. Tenant acknowledges that the above premises contain: refrigerator (YES), range (YES), Operable smoke alarms (YES), dishwasher (YES). Tenant also acknowledges that hot water heater has been set at 120F.
5. Tenant also acknowledges and agrees to accept this home in its “as is” condition and has completed a Statement of Condition Report and agrees to return the premises upon vacation to original or better condition, normal wear and tear excepted, and assumes responsibility if returned in any other condition. Costs of Owner, if any to so restore the premises will be deduced from the Tenant security deposit, except in cases where the tenancy is less than six (6) months, in which case Tenant agrees to pay the same upon presentation of a statement of restoration charges.
6. No more than a total of (ONE (1)) occupant(s) and (ZERO (0)) pet(s) shall occupy unit.
7. THIS AGREEMENT, INCLUDING THE ATTACHED TERMS AND CONDITIONS PAGE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES. Any modification to this agreement must be made in writing, signed by the Owner, in which Owner states and agrees to the modification. The Owner may accept any partial payment check with any conditional endorsement without prejudice to Owner’s right to recover the balance remaining due, or to pursue any other remedy available under this agreement or under Washington State law.
8. This is a month-to-month rental agreement and the Washington Residential Landlord-Tenant Act provides that is may be terminated by Owner or Tenant by giving written notice of the intention to terminate at least twenty (20) days before the end of a calendar month. If resident gives notice to terminate during the last twenty (20) days of a calendar month, Tenant is required to pay rent for the following month.


IN WITNESS WHEREROF, the Tenant (s) and Owner each set their hand.



________________________________________
TENANT NAME TENANT NAME


________________________________________
GARY BYERS/OWNER




TENANT UNDERSTANDS AND AGREES:

1. TENANT OBLIGATIONS: Tenant shall:
(a) To keep the premises in a clean and sanitary condition. NO SMOKING allowed inside the building.
(b) To properly dispose of rubbish, garbage, and waste in a clean and sanitary manner at reasonable and regular intervals, and to assume all costs of extermination and fumigation for infestation caused by tenant.
(c) To properly use and operate all electrical, gas, heating, pluming facilities, fixtures and appliances.
(d) To not intentionally nor negligently destroy, deface, damage, impair or remove any part of the premises, their appurtenances, facilities, equipment, furniture, furnishings and appliances, nor to permit any member of Tenant’s family, invitee, licensee or other person acting under Tenant’s control to do so. Tenant shall be liable for all acts of vandalism or other destruction during Tenant’s tenancy.
(e) Not to permit a nuisance or common waste
(f) Tenant is responsible for replacing batteries in smoke alarms as needed. To mow and water the grass and lawn; to keep the grass, lawn, flowers and shrubbery in good order and condition, and to weed same; to keep the sidewalks surrounding said premises free and clear of all obstructions, including snow and/or ice; to replace in a neat and workmanlike manner all glass and doors broken during occupancy thereof: to use due precaution against freezing of water or waste pipes and stoppage of same in and about said premises, and in the event water or waste pipes are frozen or become clogged by reason of negligence of Tenant, the Tenant shall repair the same at Tenant’s own expense, as well as any and all damage caused thereby.
(g) To not make alterations, or to do or cause to be done, any painting or wallpapering to said premises without the prior written consent of Owner.
(h) To not use said premises for any purpose other than that of a residence, nor to use said premises without the prior written consent of Owner.
(i) To notify Owner in writing of any repairs required of Owner under the Rental Agreement, within a reasonable time of Tenant’s discovery of same. Owner must be notified immediately of ANY water damage.

2. SUBLET: This agreement is NOT assignable, transferable, or otherwise alienable without the prier written consent of the Owner. Resident shall not sublet ANY or ALL of the premises without prior written consent of Owner.

3. OWNER OBLIGATIONS: Owner shall:
(a) Immediately notify Tenant, by U.S. mail or updated posting, of any changes as to the person of address of the Owner.
(b) Maintain all structural components in good repair.
(c) Keep common areas reasonably clean and safe from defects increasing the hazards of fire or accident.
(d) Provide a reasonable program for the control or infestation by insects, rodent, or other pests at the initiation of the tenancy; provided, however, that Owner shall not be held responsible where infestation is caused by the tenant.
(e) Maintain all electrical, plumbing, heating and other facilities and appliances supplied by Owner in reasonably good working order, unless otherwise provided in this agreement.

4. OWNER ACCESS: Owner shall have the right to place and maintain “For Rent” signs in a conspicuous place on said premises for sixty (60) days prior to Tenant’s vacation of said premises. Owner further reserves the right of access to the premises for the purpose of:
(a) Inspection (with at least 24-hour notice). Owner shall be authorized to enter premises whether or not Tenants are present.
(b) Repairs, alterations, or improvements.
(c) Supplying services.
(d) Exhibiting or displaying the premises to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. Access shall be at reasonable times, except in cases of emergency or abandonment.
If the rental unit is now or hereafter placed for sale, the Tenant agrees to cooperate with all authorized real estate agents in the showing of the premises, and to allow a Lock Box to be installed.

5. SURRENDER OF PREMISES: In the event of default in payment of rents for any reason, Tenant will immediately quit, vacate and surrender said premises to Owner.

6. DEFAULT: In the event any action, suit or proceeding is instituted to enforce any provision contained herein, or to recover possession of the premises, or to cause payment of any sums due hereunder, Tenant agrees to be responsible for and to pay, as additional rent, all costs, expenses and attorney’s fees incurred by Owner to the extent permitted by the Washington Residential Landlord-Tenant Act. Any breach of Tenant’s covenants, duties or obligations recited herein shall be deemed a material breach of this Rental Agreement.

7. DEPOSIT: All or a portion of such deposits may be retained by Owner, with a refund of any portion of such deposits being conditioned upon the following:
(a) No security deposit will be refunded if tenancy is for less than six (6) months.
(b) Tenant shall fully perform the obligations of this Agreement, as well as those provided in Chapter 59.18 Revised Code of Washington, or as such may be subsequently amended.
(c) Tenant shall occupy said premises for the term agreed above.
(d) Tenant shall surrender and return to Owner all keys to the premises within 24-hours of vacating said premises.
(e) Any refund form deposits, which are shown to be due to the Tenant by itemized statement, shall be returned to
Tenant within fourteen (14) days after termination of this tenancy and Tenant’s vacation of the premises.

8. BINDING EFFECT, COVENANTS: Each individual Tenant who signs this Agreement is individually and jointly liable for full and faithful performance of all duties and obligations hereunder. This Agreement shall be binding upon Tenant’s heirs, representatives and assigns; Tenant’s rental application is a part of this agreement and is incorporated herein by this reference.

9. NONWAIVER: Owner’s failure or delay to enforce or insist upon full compliance with any term of covenant hereunder shall not be deemed a waiver or relinquishment of right to enforce such terms or covenant hereunder.

10. DESTRUCTION/CONDEMNATION: in the event of damage or destruction of the premises or the building of which it is a part by fire or any other casualty, Owner may, at its option, elect to terminate this Agreement as of the date of happening. In no case shall Tenant be entitled to compensation for damages on account of loss, annoyance or inconvenience resulting from such damage, destruction or its repair.

11. INSURANCE & PERSONAL PROPERTY: Tenant will be liable for losses resulting form Tenant’s negligent acts and omissions. Therefore; Tenant should obtain and keep in full force and effect, during Tenant’s occupancy of the premises, a policy of liability and property insurance insuring all of Tenant’s personal property in the premises and the building in which the premises are located form loss, damage or destruction caused by Tenant’s acts or omissions. Neither Owner nor Owner’s Agent shall be liable for any loss or damage to Tenant’s personal property arising directly or indirectly form acts of other tenants or persons not under Owner’s direct control or from fire, theft, water or the elements. All of Tenant’s personal property in the premises and in designated storage areas shall be at Tenant’s sole risk.

12. NOTICES: Any notice given by either party shall be in writing, either delivered personally (posted on door if not at home), or sent by U.S. Mail prepaid, to Tenant at the address of the premises, or the Tenant’s last known address; notices to Owner shall be sent to the P.O. BOX of the Owner.

13. AGENT: Owner has appointed Aaron Johnson as its duly authorized agent to manage the premises and to receive all notices, demands, process and payments. If the premises are a part of an apartment complex, the Resident Manager of the apartment complex is designed to act in behalf of this agent. Agent, in the name of Owner, may commence unlawful detainer actions or other legal proceedings against Tenant. Owner reserves the right to change the duly authorized agent at Owners discretion.

14. ABANDONMENT: Resident shall be deemed to have abandoned the premises when there has occurred a default in rent together with (a) an indicator from Tenant by words or actions of intent not to resume the tenancy or (b) Tenant’s absence form the premises for ten (10) consecutive days, in such event, at Owner’s option, tenancy may be immediately terminated and Owner may then enter the premises and remove all of Tenant’s personal property and store the same in any reasonably secure place. Tenant is solely responsible for loss or theft of the property or damage to the property during any period of abandonment. Owner shall, within fourteen (14) days after determining that abandonment has occurred, provide a full and specific statement to Tenant at Tenant’s last know address of the basis for retaining any of the deposit.

15. SUBORDINATION: This Agreement shall be subordinate and junior to any and all liens and encumbrances whether existing or to be existing, placed by Owner on the property of which the premises are a part.

16. SAVINGS CLAUSE: To the extent that any term or this Agreement is declared invalid or unenforceable, such declaration shall not affect or invalidate any other portion of this agreement.



Tenant (s) and Owner have read all the above Terms and Conditions and agree to comply and uphold each, exactly as they are set out in this agreement.



________________________________________
TENANT NAME TENANT NAME


________________________________________
GARY BYERS/OWNER