From Bill Laughner, Submitted to Pittsburgh REIA.
Here is a version of Jean’s lease I use. I modified and added a couple of clauses such as no interest on security deposit, scheduled and missed contractor appointments. I had tenants scheduling repairs but to lazy to get out of bed to let contractor in. This clause fixed that.
THIS AGREEMENT IS MADE AND ENTERED INTO BETWEEN:
Property Manager for Owner (Landlord): TENANT(s) (PRINT FULL REAL NAME):
|Manager for Owner||
|Allegheny||Single Family Dwelling|
MONTHLY RENT: $
SECURITY DEPOSIT: $
ANIMAL DEPOSIT: $
If the rent is received by the 5thof the month, fifty dollars ($50.00) is discounted from the rent. The received date is the post-marked date on mailed payment.
Annual Cost of Living: effective the 13th month of this rental agreement and annually thereafter, rent will adjust 2.9% due to cost of living expenses.
Your first annual adjustment effective date will be _____ and the new effective rent will be $____ per month. $50.00 will be discounted from this amount if payment is post-marked by 5th of the month. If payment is post-marked by 5th new payment will be: $000.00effective _________.
TERM OF AGREEMENT: BEGINNING DATE: ENDING DATE:
LATE RENTAL PAYMENTS: There is a $5.00/day charge for each day after the 10th of the month with the discount being waived for that month. Returned checks are the same as non-payment, and all late charges will, at the Agent/Landlord’s discretion, apply to the date that such checks are made good.
A SECURITY DEPOSIT OF: $
is deposited with Agent/Landlord that is returned upon leaving premises and successful completion of all terms of this Agreement. This amount returned within thirty (30) days with a written explanation of any charges. There is no charge for normal wear and tear.
NO PART OF THE SECURITY DEPOSIT MAY BE USED TOWARD RENT PAYMENT.
The Agent/Landlord may apply any unused portion to unpaid rent, damages or late fees or any other costs as they decide.
- Payment of Rent: Tenant shall pay in full the monthly rent specified above on or before the 1st day of each month in advance without notice or demand. Rent shall be mailed to:
Standing Rock Holdings, LLC
P.O. Box 971
McMurray PA, 15317
The time of each and every payment is of the essence. Payment received date will be recorded same as U.S. Mail postmark stamped on envelope that payment is received.
2. UTILITIES: Tenant is responsible for the following utilities:
X_ Gas _X Electric X Water X_ Sewage X_ Garbage X Other
3. In the case of multiple persons in a unit, each person shall have the responsibility of this contract in the case of non-payment or if one of the persons leaves.
4. Premises are to be used only by those named ____adults and children named
These are the only occupants that are to occupy the Rented Premises; the Landlord must approve any others:
Full Real Name Birthdate Social Security Number
Any other person occupying premises is a breach of this Agreement. There is an additional seventy-five dollar ($75.00) per month charge for each additional person. An extra person is defined as someone occupying premises more than eight (8) days/month.
4. Premises can only be used as a residence.
5. PARTIAL RENT: If the Agent/Landlord accepts partial payment of rent due, it does not under any circumstances mean that the Agent/Landlord accepts the partial rent as full payment. It also does not affect any notice or legal proceedings.
- No painting or changes in the premises may be made without written approval of Agent/Landlord.
7. Anything attached must be left in place or the area repaired.
8. No signs may be erected on the premises.
9. No pets are allowed on the premises without written consent of Agent/Landlord.
10. Tenant must comply with all statutes, ordinances of all municipal, state and federal authorities.
11. Tenant is not permitted to allow another person to take over this Agreement or sublet.
12. Tenant agrees premises are in good order, except as indicated.
13. Smoke Detectors. Tenant(s) acknowledges that smoke detectors are installed on the premise and working properly. Tenant(s) assume responsibility to test monthly that all smoke detectors are functioning properly. If smoke detector is determined to be defective landlord or agent will replace as long as smoke detector has not been damaged by result of tenant(s) or guests of tenant(s) actions.
14. Tenant must permit Agent/Landlord to enter the premises at convenient times and with reasonable notice to make repairs or to show to prospective Tenants or purchasers, even if tenant is not home. Also to maintain safety. If attempts by mail or phone go without response for more than 24 hours, Agent/Landlord may enter to show or repair.
- Agent/Landlord or their representatives may enter lease premises at any time without the consent of Tenant in case of emergency.
- Tenant to send any requests for repairs by certified or proof of mailing. It can be preceded by phone call to expedite.
- Maintenance & Repairs: Landlord agrees to repair the property when repairs needed are caused by forces beyond Tenant’s control and to which Tenant have not contributed. All repairs and maintenance that Landlord is responsible for shall be done at Landlord’s sole discretion. Tenant agrees to keep the premises in a clean and good condition at all times and to repair the premises or property. When damage is caused by misuse or neglect, rather than as a consequence solely of normal and reasonable wear.
a.) When sanitary napkins, garbage, grease, or foreign or harmful substances are placed into plumbing receptacles.
b.) When damage results from activities or actions, which violate this agreement by Tenant or Tenant’s guest(s).
c.) When damage is caused by wind, rain, or other elements from leaving windows open or by the overflow of water in the property.
d.) When and if the premises are burglarized or broken into.
e.) Garbage & debris as a result of storms or littering on the premise is the sole responsibility of tenant to clean and remove.
f.) Tenant agrees to be responsible for the cost of:
1.) all pest control
2.) snow removal
3.) any broken glass, no matter how it gets broken
4.) any broken door or lock – including storm doors, no matter how it gets broken. Replacement of broken glass, doors or locks in the home is Tenant responsibility.
5.) If Tenant fails to make repairs or replacement, Landlord may do so at Tenant’s expense and charge Tenant the cost of the repair or replacement as added rent which shall be due and payable under the terms and conditions of normal rent.
6.) Tenant shall phone the police if Tenant believes a crime is being committed or occurred.
- Missed Appointments. In the event Resident fails to keep a pre-arranged, mutually agreed to appointment allowing access to the Property, the Resident agrees to pay $75.00 per missed appointment as liquidated damages to management; such amount shall become due as additional rent under this Residential Rental Agreement. Cancelations mustbe made at least 24 hours in advance to avoid fees.
- No failure of Agent/Landlord to enforce any item in the Agreement can be understood as not in force.
- Garbage must be placed in plastic bags and placed in garbage cans. It must be placed for collection according to the collection schedule. Under no circumstances can the garbage collect in the premises.
21. Two months’ notice in writing is required to leave premises during the term of this Agreement. Tenant is responsible for rent during that time, costs to re-rent the premises and nominal penalty. Penalty is governed by the time of the year and other situations. The cost of ads is included in charges. Tenant is responsible for any utilities in the premises that are currently their responsibility during this 60 day period.
22. Agent/Landlord may give Tenant two months’ notice to vacate premises.
23. Premises is rented maid clean and must be left maid clean or cleaning expense is charged to Tenant.
24. Any expense for damage incurred by clogging drain or commode or any other damage due to negligence of Tenant is paid by Tenant. This also includes any expense for damage done by any visitor of the Tenant/s. No tampons or sanitary napkins are to be placed in commode. No coffee grounds, grease, or smoking materials to be disposed of in drains or sinks or toilets.
25. Any costs incurred during the month is due at the time of the next month’s rent or the rent is
considered to be in default.
26. Tenant is required to have all utilities that are his/her responsibility on at all times during the lease.
27. Tenant shall pay to Agent/Landlord as additional rent upon demand in writing any sums Agent/Landlord has paid or services performed, Tenant is responsible for.
28. No alternate heating sources may be used. If found, they will be removed and is cause for eviction.
29. Electrical and plumbing work done by the Tenant is strictly prohibited.
30. Any electrical or plumbing work contracted by the Tenant must be done by a licensed electrician or a registered plumber. Agent/Landlord must be notified if any work is contemplated. This would include but not be limited to: installation of an air conditioner, light fixtures, or light switches.
31. Utilities: Landlord furnishes No utilities. Interruption of any utility service due to Tenant’s non-payment will terminate this Rental Agreement.
32. Successful completion of this Agreement includes return of all keys and removal of items by the Tenant from the premises. Any items left are considered abandoned. Agent/Landlord can remove them. Any costs in the removal are the responsibility of the Tenant.
33. If all keys in the possession of Tenant are not returned within five (5) days of the termination of this Agreement, the cost of new locks and keys are the responsibility of the Tenant.
34. In the case of non-payment, Tenant agrees to waive the ten (10) day notice period for eviction.
35. Tenants are responsible for all legal costs associated with eviction, including attorney fees and court costs. Any collection costs are also the responsibility of tenant.
36. No water beds are permitted without written permission. If permitted, evidence of rental insurance is required naming Property Owner as also insured. A policy for Owner is required.
37. RETURNED CHECKS: There is a Thirty dollar ($30.00) charge for any returned checks. In the event a check is ever, for any reason, dishonored and returned unpaid, Tenant agrees to pay, as additional rent for that month, an additional thirty dollars ($30.00). If, for any reason, a check is returned or dishonored more than once, all future rent payments are accepted by cashier’s check, money order or cash only.
38. Tenant to supply current telephone number to Agent/Landlord.
39. LOCKS: Tenant is prohibited from adding locks, changing locks or in any way altering locks installed on the doors, without the written approval of Agent/Landlord. Tenant must supply a key to Agent/Landlord. If Tenant changes, or alters any lock, and does not supply Agent/Landlord with a key, Agent/Landlord may change the locks and charge Tenant for the new lock and for installation.
40. ABANDONMENT: If the premises are left unoccupied for ten (10) days while rent is due and unpaid, Agent/Landlord is permitted to take immediate possession. The Agent/Landlord may exclude Tenants. The Agent/Landlord may place all Tenants property into storage, with a charge of fifteen ($15.00) dollars per day at Tenant’s expense. Property left unclaimed for more than fifteen (15) days is presumed abandoned. Tenants give Agent/Landlord specific authority to dispose of it in any manner they choose without any recourse on the part of the Tenant.
41. All screens, kitchen equipment, shades, curtain rods, drapery rods, carpeting, blinds, doors, fans, and any and all other equipment is to remain in the premises at all times. Tenant agrees to replace or pay for any items missing or damaged.
42. It is the Tenant’s responsibility to supply Agent/Landlord with their forwarding address.
43. Any items of this Agreement that are not followed will result in a termination of this Agreement. The remaining payments of this contract become due and payable.
44. Agent/Landlord reserves the right to charge for excessive or unreasonable use of any utilities supplied by Agent/Landlord.
45. Renter’s Insurance: Tenant shall obtain Renter’s Insurance with an effective date the same as this rental agreement, naming Standing Rock Holdings, LLC., its successors and/or assigns as additional loss payee and/or additional insured. Landlord does not insure Tenant’s person and all personal property in the rented premises. The Tenant states that the rented premises have been examined to the extent necessary to ascertain its condition. The premises are rented in the condition found and Landlord shall not be liable to Tenant, or anyone on the premises with consent or at the invitation of the Tenant, for property damage or personal injuries caused by or arising out of the condition of the rented premises, it being understood that the Tenant, and all others, take the premises as they find them. In the event such damage or injury arises out of Tenant’s failure to maintain or repair, the Tenant shall indemnify Landlord, agents and employees, from any such claims and hold them harmless. If tenant does not provide evidence of renter’s insurance by move-in, agent will increase monthly rent by $18.00 per month to purchase renter’s insurance on behalf of tenant and list Standing Rock Holdings, LLC as additional insured.
46. AGENT/LANDLORD OBLIGATIONS CONSIST OF:
a) Keeping the leased premises fit and habitable.
b) Complying with all State, County and/or Municipal Codes.
47. Tenant must keep premises in fit, clean and habitable condition at all times.
48. VEHICLES: Tenant agrees never to park or store a Motor Home, RV, or Trailer of any type
on the premises; and to park only on the paved areas provided. Tenant agrees that any
vehicle parked on unpaved areas may be towed and stored at Tenant’s expense. Repairing of
cars is not permitted on the premises. All vehicles must be in good working order, licensed
49. Any visitors to leased premises must abide by all parts of this Agreement.
50. If Tenant requires access to apartment or house by Agent/Landlord due to their negligence, this will be deemed an emergency situation induced by Tenant and Tenant must pay Agent/Landlord $75.00 for ACCESS. Amount will be due and payable as additional rents.
51. Tenant must notify Agent/Landlord if Tenant will be absent for any extended absence.
Extended absences are defined as more than one week.
52. Tenant is responsible for the following:
X All Grass Cutting, Trimming shrubs X Removal of leaves/Fall cleanup
X Snow Removal X Weeding. Grass must be kept to a height of 3” or less.
I further acknowledge, as the tenant, I am responsible for any/all fines assessed for negligence associated with, but not limited to cutting grass, weeding, trimming shrubs, leaf removal and snow removal. Snow and ice must be removed from sidewalks within 24 hours. Fines can range from $500-$1,000. If Landlord or Agent of the owner, initiates services to address negligent items above, the cost of the services to rectify problem, plus a penalty of $500.00 will be assessed. The amount assessed will become due and payable as additional rent owed.
53. Tenant shall reimburse Agent/Landlord for any municipal service fee, special assessment, inspection fee, license fee, rental permit fee or special tax levied upon the rental unit, which must be paid to permit its use as a residential rental. Tenant shall be responsible for such fees and taxes whether they’re in effect at the start of this Agreement or if they become effective during the term of this Agreement. The amount due shall be considered as additional rent, and must be paid when the next rent is due, or within ten (10) days if billed.
54. Bankruptcy: If Tenant should be declared bankrupt during the term of this Rental Agreement, the Landlord, at his option, may terminate this Rental Agreement. If so terminated, the Tenant agrees to promptly vacate the premises removing all personal property and belongings and upon his failure to do so, the Landlord may take all steps necessary, including storage of Tenant’s property, and shall not be responsible to Tenant for loss or damage due to causes beyond Landlord’s control.
55. Basements. All basements leak.
56. Hazardous Items: Tenant shall not keep or have on the rented premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the rented premises or that might be considered hazardous by any responsible insurance company.
57. Legal Fees / Court Costs: Tenant is responsible for all court costs, attorney fees, and all other reasonable charges associated with legal action allowed by law for the Landlord to enforce any or all parts of this rental agreement. If Landlord refers Tenant’s account for collection, Tenant balance shall increase 33% for collection fee and interest will accrue thereon.
58. EMERGENCY CONTACTS: Landlord may contact below listed person(s) if an emergency occurs including non-payment of rent.
59. Tenant acknowledges receiving copy of EPA747-K-94-001 “Protect Your Family from Lead in Your Home“
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, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. Tenant also understands and acknowledges that effective June 1, 1999 Tenant is required to be present and sign as a receipt of receiving this same pamphlet mentioned above if ever more than 2 square feet of a painted surface are disturbed.
60. Washing machines and dryers if present are not part of the rental agreement, but if working properly may be used by tenant. Property manager does not guarantee washing machines nor furnish washers and dryers. Owners and agents will not be responsible for washer and dryers if they damage clothing and/or cause of loss to tenant. If washer and/or dryer becomes inoperable property manager will not repair or replace the units. Property manager does not hookup, setup washing machines and dryers and does not furnish extension cords, hoses and dryer ventilation hoses. All dryers must be vented properly to the outside of the property.
61. The following appliances are provided to the tenant by property manager and tenant agrees units provided are in good working order except where indicated on Additional Provisions section of this rental agreement
_X__Refrigerator __X_Gas/Electric Range ___ Dishwasher ___Central Air
62. Security deposits and interest. I acknowledge that landlord, agent, owner, property manager does not pay interest on security deposit held by Standing Rock Holdings, LLC. I further waive any current or future right to interest bearing on a security deposit and agree I/we will not be entitled to any security deposit refund in excess of what has been paid for rental period.
63. Additional Provisions: (The following additional provisions have been made part of this rental agreement)
____________________________________ __________________________________ AGENT/LANDLORD DATE TENANT DATE
9075 Federal Register / Vol. 61, No. 45 / Wednesday, March 6, 1996 / Rules and Regulations
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed 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 and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):
(i)_____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
(ii)_____Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the lessor (Check (i) or (ii) below):
(i)_____Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead- based paint hazards in the housing (list documents below).
(ii)____Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
TENANT’s Acknowledgment (initial)
(c) ______ Lessee has received copies of all information listed above.
(d) ______ Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
Agent’s Acknowledgment (initial)
(e) ______ Agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
Agent for Landlord Date
Landlord’s Additional Provisions to Rental Agreement
With HUD Section 8 Program
1) Tenant is responsible to test smoke alarm(s) monthly and replace batteries as needed.
2) Tenant agrees to have renters insurance with liability coverage on occupied property as additional insured.
3) Rent: Tenant portion of rent is due on or before the 5th of each month or
4) Late Charge: of $25.00 per month will be assessed while rent payments are outstanding and late. Payment received date will be recorded as the date post-marked on the envelope the payment is received via First Class Mail.
5) Tenant is responsible for all occupants and guests and not violate any Public Nuisance Ordinance.
6) Missed appointments on scheduled service calls will cost Tenant $75.00 per missed appointment.
7) Tenant acknowledges receipt of EPA publication “EPA747-K-94-001″(May 1995) “Protect Your Family From Lead In Your Home.” pamphlet.
8) Tenant agrees to give 60 (sixty) days advance notice to move out.
9) Tenant must submit rent package to their worker on or before ____________________ or Landlord may cancel and terminate the pending rental agreement and the prospective applicant/tenant. For example, if Tenant fails to deliver papers to their worker by the date listed here, Landlord may rent this unit to the next qualified applicant and tenant forfeits any deposits.
10) Although not a Tenant responsibility, the scheduled Inspection must occur within 10 days of worker receiving Tenant package or Landlord may cancel this rental agreement and rent this unit to the next qualified applicant.
11) Annual renewal agreements with (Section 8) will be for an additional 12 month term and will not be deemed a month to month agreement for tenancy.
12) Tenant agrees to carry Renter’s Insurance at all times of Rental Agreement. If proof of Renter’s insurance is not provided by move-in date, I agree to accept Renter’s Insurance from Landlord’s agent and agree to pay $15.00 per month to Standing Rock Holdings for Renter’s insurance coverage for the duration of rental agreement.
13) No criminal activity is allowed.
14) Fill Out Form Fee: $15.00 fee paid in advance required with any form to be filled out by Landlord for Tenant.
15) Keys and Lock Out: If Tenant becomes locked out of home:
- During office hours:
1.) Tenant may purchase another key for $15.00.
2.) A service person, if available, may unlock door for current rate listed in office.
- $85.00 After office hours charge to Tenant to solve problem.
16) Single Family Homes Only:
a.) Tenant responsible for all lawn care and maintenance.
b.) Tenant responsible for snow removal on but not limited to sidewalks, porches and steps.
c.) Tenant responsibility to change furnace filters monthly and Tenant will turn off air conditioning in the home while cutting or trimming grass around the outside air unit. If Tenant requests service for malfunctioning HVAC and service person determines failure due to Tenant’s failure to change air filter or grass clippings in coil/fins, Tenant will pay for service call.
d.) Landlord may place sign in yard.
e.) Extermination/Pest Services – this is a Tenant responsible item.
f.) Garage(s), if any, are NOT included in rental agreement.
g.) Each household member living in unit over 18 MUST complete an application or will not be permitted to reside in unit. Person(s) not mentioned in application(s) will not be permitted to occupy the household.
Tenant Signature:_____________________________________ Date:___________
Tenant Signature:_____________________________________ Date:___________
Landlord Signature:_____________________________________ Date
RENTAL AGREEMENT ADDENDUM
Address: ___________________________________ Date: ____________
_______________________________ has permission to have ________ animal(s) in the rental unit as provided for in the original Rental Agreement and described below:
Animal Type: ___________________ Sex: ____ Weight: _________ Color:_________
Animal Type: ___________________ Sex: ____ Weight: _________ Color:_________
A $35.00 charge per Animal will be added to the monthly Rent Agreement and the additional Animal charges will be included as part of the monthly rent.
No animal of any kind, not provided for and described on this agreement shall be allowed without the full written consent of the Landlord. Tenant understands and acknowledges that should any local ordinance or rental agreement violations that can be attributed directly or indirectly to these animal(s) will require the Tenant to immediately remove all animal(s) involved from property within 7 days after receiving written notice from Landlord.
$ __________ has been paid this date as a Animal Deposit for listed Animal(s) as permitted.
This Animal Deposit shall be returned to Tenant utilizing the same procedures noted in the Rental Agreement involving Security Deposits.
Agent, Owner, Landlord, and Tenant further agree that agent and owner will not be liable for any damages or losses to person or property caused by Tenant’s Animal(s).
Vicious animals of any breed, size, weight, age are NOT permitted on the property at anytime. We do not permit more than two pets to occupy the unit.
Property Mgr. by: TENANT: _____________________________
__________________________ TENANT: _____________________________
PLUMBING – SINKS & DRAINS
We are concerned about the health, safety, and welfare of all our residents and those who provide services to our properties.
Do NOT put any kind of chemical treatment into any plumbing fixture – (sinks, toilets, drains).
- Products such as Liquid Fire, Drano, and Liquid Plumber can cause serious physical injury to you and/or our service person.
- These products can cause property damage to plumbing pipes and drains. Some products actually melt pipes.
- If your home is on a septic system, these kind of products can upset the natural processing of waste that occurs in a septic system.
In order to avoid injury to anyone and costly charges to your account, do not put food, grease, etc., or chemical products in waste lines.
LEAD PAINT POISONING
Children get lead poisoning when they eat bits of paint that contain lead. Older houses often have layers of lead paint on the walls, ceilings, and woodwork. When the paint chips off or when the plaster breaks, there is possible danger for babies and young children. Outdoors, lead paints and primers may have been used in many places, such as walls fences, and porches.
Be sure to tell your family and any guests with small children about the danger of lead poisoning. Your child can be poisoned by eating paint, dirt, or other non-food substances containing lead. Some other items which contain lead include newspaper, pottery, furniture and even common household dust.
Since your home was probably built before 1978 it may have been painted with lead based paint years ago. We wanted to warn you of the possible dangers. Realizing this, and still wanting to rent this property from us, you hereby agree to hold Standing Rock Holdings, LLC and its members, agents, property management company, subcontractors and property owner harmless of any problems which could result from lead based paint, and any costs involved in diagnosis and treatment of the same. This includes all who will be living with you for whom you are responsible and all of your guests.
I further acknowledge I have received from the property manager a full copy of the lead paint pamphlet furnished by the EPA.
Tenant: __________________________ Date:__________