Single Family Homes - The No Risk Investment! - Part 14 A copy of our Rental Agreement and Application follow. Read the
agreement carefully and you'll see other tenant requirements.
10-9
RENTAL AGREEMENT
THIS IS A LEGALLY BINDING CONTRACT. YOU ARE ADVISED TO SEEK THE ADVICE OF LEGAL COUNSEL PRIOR
TO SIGNING IT IN THE EVENT YOU FEEL IT NECESSARY FOR COMPLETE UNDERSTANDING AND COMPLIANCE
WITH THIS AGREEMENT.
Read this carefully! This is not an average rental contract. It requires a far higher level of tenant responsibility and self
support for which you will receive a monthly rental credit award to compensate you for your extra effort. By signing this
document you warrant that you understand all the terms and conditions under which the owner has agreed to entrust his
property to you. You stand ready to perform the normal duties of the owner yourself, or to have them performed by a
qualified person at your expense. In return you expect the owner to give you more discretion to make your own decisions
about maintaining the house and grounds.
1. AGENT: _____________ is the agent for service of notice on this property and may be contacted at
____________________________________. In emergencies you may call _________ between 10 A.M. and 5 P.M. on
normal weekdays.
2.
TENANT(S): ________________________________________________________________ agree to rent
the dwelling located at _________________________________________________________________.
3.
PREMISES: The premises hereby leased by Tenant are described as follows: Single family ____ bedroom
home.
4. TERM: The term is one year and shall commence on _______________. After one year, term may continue on a
month-to-month basis thereafter, until either party shall terminate the same by giving the other party 30 days written notice
delivered by hand or certified mail.
5. RENT: $______________due and payable on the 28th of each month via automatic withdrawal from tenants check
account to Landlords checking account. Insufficient funds charge is $25.00.
5a. RENT: $ _____________ due and payable IN ADVANCE THE LAST DAY OF EACH MONTH PRECEDING THE
MONTH THAT RENT IS DUE AND BEFORE 5:00 P.M. ON THAT DAY.
BAD CHECK CHARGE: $25.00 will be charged for each returned check.
Rent made payable to ___________________ and delivered to ______________________________.
Your rent payment is critical! No excuses will be accepted for non-payment! FAILURE TO PAY RENT WHEN DUE AT
THE ABOVE LOCATION WILL RESULT IN IMMEDIATE TERMINATION OF THIS RENTAL AGREEMENT AND
EVICTION.
Rent lost in the mail will be considered unpaid!
6. PETS: $25.00 per month will be added to the monthly rent for pets. Caged birds and tropical fish are excluded. No more
than two other pets are permitted. If you have pets, they must be listed and by listing them you agree to be fully liable for
damages and injuries they might cause to both property and people. Any pets not listed below which are found on the
property will be presumed to be strays and will be removed by the appropriate public agency. In the event Tenant harbors
an undisclosed pet, they agree to pay a pet fee for the entire term of the agreement, regardless of when the pet was first
introduced to the household.
PET NAME:_________________ TYPE____________________ NAME________________ TYPE________
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7. TENANTS: The house will be used only as living quarters for ______adults and _______ children or adult dependents
as follows:
______________________________________, ___________________________________
,
______________________________________, ___________________________________,
______________________________________, ___________________________________,
$150.00 additional rent will be due each month for any additional persons occupying the premises for a period longer than
seven (21) days, and written permission must be obtained in advance for additional residents, or Tenant will be in default of
this agreement.
8. SECURIITY DEPOSIT: Tenant agrees the security deposit shall be in the total sum of $ __________
_
payable to AGENT at the time of signing this agreement. The rights and obligations of the parties hereto regarding the
security deposit are described below.
a) Refund: Refund of the security deposit by AGENT shall be conditioned upon the following.
i) All rents must be paid and current through the day Tenant vacates premises. Tenant may not
apply any part of the security deposit to rent.
ii) Tenant must give AGENT at least 30 days written notice of his/her intention to vacate the
premises. Verbal move-out notice is not sufficient under any circumstance.
iii) Tenant must vacate the premises on or before the date specified in the notice to AGENT.
Tenant agrees not to stay beyond such move-out date.
iv) Tenant must provide AGENT, in writing, notice of the tenant's forwarding address.
b) AMOUNT OF REFUND: Tenant shall receive the full amount of security deposit, less damages or
unpaid obligations owed by the Tenant to AGENT pursuant hereto, including but not limited to, unpaid
delinquent rents, costs of damages or repairs to the PREMISES and cleaning charges. A charge of $20.00 shall
be deducted for each key not returned at the end of the lease term. After subtracting lawful deductions, the
security deposit balance and an itemized list of deductions shall be mailed to Tenant within 15 days after Tenant
surrenders the Premises and keys and delivers Tenant's forwarding address to AGENT in writing. Tenant
agrees to pay AGENT any excess of lawful deductions over the amount of security deposit. Tenant is urged to
make an appointment with AGENT for a move-out inspection. Owner/Agent shall pay no interest on security
deposit.
9. RENT REBATE CREDIT: As an incentive for prompt payment of rent by the last day of each month preceding the
month rent is due BEFORE 5:00P.M., And for the tenant's assuming responsibility for repairs up to $50.00 a month and
continuing upkeep of the Premises, a rent credit in the amount of $50.00 per month will be rebated, BUT ONLY IF THE
RENT HAS BEEN RECEIVED AND NECESSARY REPAIRS HAVE BEEN COMPLETED WITHOUT EXPENSE TO THE
OWNER/AGENT DURING THE PRECEDING 30 DAYS. This rental credit may be used as a credit in paying the following
month's rent only. This is not an automatic rent credit rebate. It is given only if the Tenant meets the above terms.
10. PAYMENT: Tenant's initial rent payment must be in CASH or MONEY ORDER. Thereafter, tenant may pay by check
unless any check is returned unpaid for any reason. In the event a check is returned unpaid all future payments must be in
the form of cash or money order.
11. DELIVERY OF RENTS: Checks sent via the mail are done so at the Tenant's own risk. Rents will be credited as paid
only when actually received by the Agent. Postdated checks are acceptable.
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It is recommended that you mail your check at least one week prior to the last day of the month to allow for any delay in
delivery, or deliver check to AGENT by hand. If your rent is lost in the mail the rent has not been paid. Rent must be
mailed or delivered to 10768 W. Grand Ave., Sun City AZ, 85351.
12. ILLEGAL SUBSTANCES: Tenant will not hold, sell, use, grow or manufacture any illegal substance in or around the
Premises. Any violation of drug laws will be a breach of this agreement.
13. CLEANING: The property is accepted in its current state of cleanliness and will be returned in the same approximate
condition. TENANT WILL HAVE CARPETS PROFESSIONALLY CLEANED WHEN MOVING OUT AND SUPPLY AGENT
WITH A COPY OF THE CARPET CLEANERS WORK CONTRACT. Tenant cleaning the carpet his or herself does not
satisfy this requirement.
14.
TENANT OBLIGATIONS: Tenant agrees to meet the following obligations:
a. Insuring that nothing is done which might place the owner or agent in violation of the applicable building, housing,
occupational, zoning, home owner's association, or health codes, regulations or laws.
b. Keeping the dwelling clean and sanitary, removing garbage and trash before it can attract pests, maintaining the
plumbing in good working order to prevent leaks, stoppages, discharges from pipes, faucets, drains, and fixtures both
inside and outside the Premises.
c. Operating all electrical, plumbing, sanitary, heating and cooling, mechanical, and ventilating systems and other
equipment property, safely, and reasonably. Changing the air-conditioning/heater filters every three months or sooner if
necessary.
d. Not to pollute the house or soil in any way and agrees to remove any motor oil, paints, fluids, etc., and properly
dispose of them when they vacate property.
e. Assuring that the owner's property is safeguarded against damage, loss, removal or theft and maintained as
required to keep it in good working order. No waterbeds are to be allowed on the premises unless approved by Agent in
writing and waterbed insurance is obtained and a copy of the policy is provided to Agent.
f. Conducting yourself, and your family, friends, guests or visitors conducting themselves, in a manner which will
avoid disturbing others.
g. Upon reasonable notice Tenant to allow Agent access to the premises for inspection, repairing or showing.
Tenant specifically authorizes the Owner/Agent to enter the premises any time the rent has not been received and is over
due, or the contract has been terminated, for purposes of serving legal notices, protecting owner's equipment, making
repair estimates, or spraying for pests.
h. Paying the agreed upon rent in a timely manner as required by this agreement, including any additional pet, extra
visitor, late fee or bad check charges when requested by Owner/Agents.
NOTE: FAILURE TO PERFORM THE ABOVE OBLIGATIONS WILL BE GROUNDS FOR TERMINATION OF
THIS CONTRACT AND LOSS OF ALL RIGHTS AND BENEFITS PROVIDED HEREUNDER.
15. UTILITIES: Tenant(s) is responsible for payment of all utility, garbage, water, sewer, gas, telephone, etc., charges
incurred during tenancy. Tenant specifically authorizes the Owner/Agent to charge all unpaid amounts to the Tenant. The
Tenant agrees to have a telephone installed or have an active cell phone and to provide the number to the owner or his
agent within 30 days of occupancy.
16. TERMINATION: The term of this agreement is one year.
After one year, term may continue on a month-to-month
basis thereafter, until either party shall terminate the same by giving the other party at least 30 days written notice
delivered by hand or certified mail. This agreement may be terminated by either party giving written notice as follows:
The tenant shall notify the Owner/Agent by certified mail at least 30 days prior to vacating the premises.
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If the Owner/Agent is terminating this agreement, he shall give 30 days notice in writing prior to the end of the month for
which rent has been received, except where the correct amount of rent has not been paid, in which case Tenant will have
seven (7) working days excluding holidays and weekends in which to pay all rent, penalties and fees in cash or to vacate
the premises. Tenancy will be automatically terminated thereafter without any further notice. Should the Tenant continue to
occupy the premises after the effective date of termination he will be considered as "holding over" and double rents will be
charged.
17. INSURANCE: No rights of storage are given by this agreement. The tenant agrees to report any hazardous condition
to the Owner/Agent in writing. Following this report the Tenant shall accept full responsibility for any injury, damage or loss
by fire, breakage, burglary, or other resulting damage from electrical failure, water, windstorm, etc., from any portion of the
land or improvements thereto especially with regard to any pools or equipment, pipes, electrical or gas lines or fittings,
appliances, regardless of the cause unless said mishap directly results from negligence of the Owner/Agent from
remedying a prior hazardous condition reported in writing. The Tenant agrees to either buy commercially available
insurance or to self-insure himself, family and guests by accepting full personal liability for such mishaps as may have
been covered by commercially available insurance to offset risk of loss or damages and to make no claim against the
Agent or Owner for any such damages or losses. And the Tenant agrees to make a diligent effort to report any hazardous
conditions to the Owner/Agent in writing as soon as they are discovered, so they may be remedied in a timely manner.
18. PROTECTING OWNER'S PROPERTY. Any removal from the premises of the Owner's property without express
written permission shall constitute default in the terms of this contract and may be construed by the Owner/Agent as
voluntary termination without notice by the tenant. The Owner/Agent shall have the option of accepting the return of the
premises as full liquidated damages for said unauthorized removal, or of making formal criminal charges against the
Tenant for theft and unlawful conversion. All property shall be listed on an inventory sheet provided by the Owner/Agent.
Tenant agrees to maintain such property in the same condition unless a formal report of failure has been made and the
Owner/Agent has removed the property. The Tenant agrees to keep the house locked when the Tenant is absent to
protect the property.
19. LIMITED SUPPORT: The Tenant is advised that the Owner is not able to provide the normal range of support
landlords typically provide to tenants. That is the reason for the Rent Credit Rebate provided in this agreement. Tenants
are expected to use their best judgment in resolving problems if they are to realize the rental rebate. By signing this
agreement, you agree to forego the rental rebate any month in which you request any assistance from the owner,
his representatives or others involved in any manner in maintenance; or where rent has not been paid by the
deadline specified.
20. INSPECTION AND INVENTORY: The Tenant warrants that the house being rented is hereby accepted as being in
good and safe condition together with any furnishings unless a written exception is delivered to the Owner/Agent within
three (3) days after moving into the above property. The absence of such notice shall be conclusive proof that there were
no defective or hazardous equipment or conditions existing as of the start of the tenancy. Only after an inspection list has
been delivered to Owner/Agent within the above three (3) daytime period will necessary action be initiated to make any
needed repairs. Any defects noted after the first three (3) days will be presumed to have been caused by the Tenant.
Time is of the essence in returning the inspection form.
21. MAINTENANCE:
Once the inspection report has been returned to Agent or Owner, repairs as needed will be
scheduled as soon as possible. Afterwards, all other maintenance and repairs will become the responsibility of the
Tenant each month up to the amount of their rebate as indicated in this agreement. Tenant will remain eligible to
receive a rebate only as long as Tenant continues to perform needed repairs at no cost to the Owner/Agent. Should
professional assistance be needed for repairs the Tenant should make his own arrangements to obtain such service
rather than attempting the repairs him/herself or risking damaging the property or causing injury to himself.
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22.
All repairs costing more than the rental credit rebate must be approved in advance by the Owner/Agent or the Tenant
will be responsible for their full payment. In no case will the Owner/Agent pay for materials or labor without
Owner/Agent's prior written authorization. Anytime Tenant contacts the Owner/Agent; the Tenant will lose the rental
rebate for that month.
22. ACCOUNTABILITY: The Tenant agrees not to permit any deterioration of the premises during the period of this
tenancy including, but not limited to, woodwork, floors, walls, fixtures, appliances, furnishings, windows, screens, doors,
plumbing, electrical, cooling and heating, mechanical systems, lawns, landscaping, fences, utility sheds, shrubbery, pools,
patios, docks, etc. The Tenant promises no tacks, nails or screws will be placed into the woodwork or walls, nor any
painting be done unless the premises will be returned to the original condition by the Tenant as of the date of this tenancy.
Further, that Tenant will pay for damage done by rain, hail, wind or rising water resulting from leaving windows or doors
open, failing to perform maintenance and repair, or from neglect, overflow of appliances, tubs, sinks, sewer, or failure to
fertilize and water lawns.
23. RADON GAS: Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Arizona. Additional information can be obtained from the county health
department.
24. VEHICLES: The Tenant agrees that no vehicles will be parked on the unpaved areas of the property and specifically
authorizes Owner/Agent to have any such vehicles removed and placed in storage at Tenant's expense. No vehicles may
be talked inside of premises.
25. LOCKS: No additional locks will be installed on any door without the express written permission of the Owner/Agent.
The Owner/Agent must be given duplicate keys to any authorized locks within fifteen (15) days of installation. Locks and
installation shall be at the Tenant's expense.
26. ASSIGNMENT AND/OR SUBLEASING: Assignment of any portion of this contract, or subleasing the premises without
first obtaining written permission of the Owner/Agent will result in termination. Covenants contained in this rental contract,
once breached, cannot afterwards be performed, and unlawful detainer proceedings may be commenced at once with
further notice to remove the Tenant from the premises.
27. LEGAL COSTS: If the Tenant desires to continue to rent the premises after being in default or after being served for
eviction or with notice of termination, Tenant agrees to re-emburse the Owner for actual costs incurred to enforce collection
of rents, to serve notices, for filing fees, etc., including costs of collectors, deputies, marshals, police, constables, etc., plus
a document preparation fee of $25.00 prior to regaining entry or re-instatement of his status as Tenant. Owner/Agent and
Tenant agree that the prevailing party in any litigation, action or controversy arising from this Rental Agreement shall be
entitled to an award of reasonable attorney's fees, litigation expenses and court costs, with regard to whether or not the
matter is contested.
28. ARIZONA LAW: In the event any portion of this contract shall be found to be unsupportable under Arizona Statutes,
the remaining provisions shall continue to be valid and subject to enforcement in the courts without exception. In like
manner, any obligations of either Owner or Tenant, which may become law, shall be binding on both parties as if included
herein. All rights granted to the Owner by the Tenant shall be cumulative in addition to any new law, which might come
into being.
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Any exercise or failure to exercise, by the Owner of any right shall not act as a waiver of any other rights. This contract
represents the total agreement between the parties hereto. No other terms or conditions shall have any effect unless
endorsed herein in writing and initialed by the parties.
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29. ABANDONMENT: In the absence of formal written notice of an intended absence, if the premises are left unoccupied
for 15 days while rent is due and unpaid, the Owner is authorized to take immediate possession of premises. Tenant
expressly authorizes Owner to destroy or otherwise dispose of abandoned property and property left on the premises by
Tenant after Tenancy has terminated, in any manner Owner deems fit, where the Owner reasonably determines that the
value of said property is so low that the cost of moving, storing and conducting a public sale exceeds the amount that
would be realized from the sale. Tenant holds owner harmless for loss of property and/or value of said property disposed
of under these circumstances.
30. LIABILITY: Tenant warrants he/she will not attempt to hire work to be done on the premises except by state licensed
and insured/bonded contractors. Tenant will act as an independent contractor, fully accountable for assuring that work is
performed in a safe, competent manner in accordance with the applicable laws, codes and ordinances. Tenant agrees to
accept full liability for any mishaps or accidents and to hold Owner and Agent free from harm or loss arising from claims of
any other parties, regardless of cause, which might result from said work or tenancy.
31. BANKRUPTCY: If the Tenant shall become insolvent, or if bankruptcy proceedings shall be begun by or against the
Tenant during the above tenancy, the owner is hereby irrevocably authorized at his option to forthwith cancel this rental
contract as for a default. No receiver, trustee or other judicial officer shall have any right, title or interest in or to the above-
described property by virtue of this contract or of the claims of the Tenant or any third party claims.
32. RENTAL COLLECTION CHARGE: Tenant hereby acknowledges that late payment will cause Owner to incur costs not
contemplated by this Rental Agreement, the exact amount of which will be extremely difficult to ascertain. In the event rent
is not received prior to 5:00P.M. On the 5th of the month regardless of cause including dishonored checks, Tenant further
agrees to pay late charge to Owner equal to five percent (5%) of such overdue amount plus $10 extra each day there after.
Neither ill health, loss of job, financial emergency or other excuse will be accepted for late payment.
33. GOOD FAITH PLEDGE AND UNDERSTANDING: By signing this agreement Tenant stipulates and warrants that all
questions concerning this agreement have been answered and that Tenant thoroughly understands all provisions as to the
rights, duties and obligations of all parties. Further, Tenant swears to pay the rent on time, maintain the property, and fulfill
all obligations hereunder or face the full financial and legal consequences of default and termination. Tenant warrants that
Tenant has the legal right to bind all occupants and to sign for them in committing Tenant and them to this rental contract.
TIME IS OF THE ESSENCE IN ALL PROVISIONS OF THIS RENTAL AGREEMENT.
Dated: __________________
Tenant or Tenants (All must sign) Owner/Agent This document and accompanying materials are designed to provide authoritative information in regard to the subject matter covered in it. It is for illustration purposes only and presented with the understanding that the author and publisher are not engaged in rendering legal, accounting or other professional opinions. If legal advice or other expert assistance is required, the services of a competent professional should be sought. |
