Apartment Lease Agreement And Deposit Receipt

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Appletree Apartments
APARTMENT LEASE AGREEMENT AND DEPOSIT RECEIPT
Manager: Curtis and Justina Checketts (208) 356-6411
TENANT(S): _____________________________________________________________________ Lease Ending Date __________, _____ 20____
Tenant Initials _________ ______ ____
AMOUNT RECEIVED
BALANCE OWING PRIOR TO
OCCUPANCY
First Months Lease for the month of____________________________
$ _____________________
$ _____________________
Security deposit (not applicable toward last month's lease payment) ($300)
$ _____________________
$ _____________________
TOTAL
$ _____________________
$ _____________________
Tenant hereby offers to lease from the Owner an apartment in the Appletree Apartments, 347 S 4th W, Rexburg, Idaho, upon the following TERMS
AND
CONDITIONS:
1. TERM: The term hereof shall commence on the above date and end on the ending date above. The Tenant shall be liable for all lease payments due through
the lease ending date above, regardless of whether or not the Tenant resides in the apartment. At the end of the lease ending date above, the lease shall be
renewable (in writing only) for any period ending with last day of the month of April, August or December only and must be signed by both parties by 60 days prior
to the ending date above. A stay of less than one semester will cause forfeiture of the deposit.
2. LEASE RATE: $600.00 per month; payable in advance, upon the first day of each calendar month to Owner or his authorized agent, through the
Rentmatic payment system, or at such other places as may be designated by Owner from time to time. In the event lease is not paid within three (3) calendar
days after due date, Tenant agrees to pay a late charge of $50.00 plus interest at 1.5% per month on the delinquent amount. Tenant further agrees to pay
$30.00 for each dishonored bank check. The late charge period is not a grace period, and Owner is entitled to make written demand for any lease payment unpaid
on the second day of the lease payment period. Any unpaid balances remaining after termination of occupancy are subject to 1.5% interest per month.
3. MULTIPLE OCCUPANCY: It is expressly understood that this agreement is between the Owner and each signatory jointly and severally. In the event of
default by any one signatory each and every remaining signatory shall be responsible for timely payment of lease payments and all other provisions of this
agreement.
4. UTILITIES: Tenant shall be responsible for the payment of all utilities and services, except: water, sewer and garbage, which shall be paid by Owner.
5. USE: The premises shall be used exclusively as a residence for no more than four (4) persons. Guests staying more than a total of 10 days in a calendar year
without written consent of Owner shall constitute a violation of this agreement.
6. ANIMALS: No animals of any kind, including insects, fish, reptiles, birds, etc., shall be brought on the premises without the prior consent of the Owner.
7. HOUSE RULES: Tenant agrees to abide by any and all house rules, whether promulgated before or after the execution hereof, including, but not limited to,
rules with respect to noise, odors, disposal of refuse, animals, parking, and use of common areas. Tenant has signed and agreed to all of the terms in the attached
“Rules & Regulations – House Rules” addendum.
8. ORDINANCES AND STATUTES: Tenant shall comply with all statutes, ordinances and requirements of all municipal, state and federal
authorities now in force, or which may hereafter are in force, pertaining to the use of the premises.
9. ASSIGNMENT AND SUBLETTING: Tenant shall not assign this agreement or sublet any portion of the premises without prior written consent of the
Owner. Tenant must receive written consent from owner at least 60 days prior to the end of their lease term if Tenant desires to assign this contract. There will be
a $50 charge for selling, trading, or any other types of contract changes if approved by Owner. Tenant shall still be responsible for cleaning the apartment and the
Security Deposit shall be returned to the Tenant as per the terms in Section 19 below.
10. MAINTENANCE, REPAIRS, OR ALTERATIONS: Tenant acknowledges that the premises are in good order and repair, unless otherwise indicated
herein. Tenant shall, at his own expense, and at all times, maintain the premises in a clean and sanitary manner including all equipment, appliances, furniture and
furnishings therein and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. Tenant shall be
responsible for damages caused by his negligence and that of his family, invitees or guests. Tenant shall not paint, paper or otherwise redecorate or make
alterations, including wiring of any kind, to the premises without the prior written consent of the Owner. Tenant shall not commit any waste upon said premises, or
any nuisance or act which may disturb the quiet enjoyment of any tenant in the building.
11. INVENTORY: A stove, fridge, and dishwasher will be furnished by Owner.
12. PARKING: Only One (1) parking space is made available for each apartment by assignment. Additional parking may be available in Visitor Parking, but
cannot be guaranteed.
13. DAMAGES TO PREMISES: If the premises are so damaged by fire or from any other cause as to render them untenantable, then either party shall have
the right to terminate this Lease as of the date on which such damage occurs, through written notice to the other party, to be given within fifteen (15) days after
occurrence of such damage; except that should such damage or destruction occur as the result of the abuse or negligence of Tenant, or its invitees or guests, then
Owner only shall have the right to termination. Should this right be exercised by either Owner or Tenant, then the lease payment for the current month shall be
prorated between the parties as of the date the damage occurred and any prepaid lease payment and unused security deposit shall be refunded to Tenant. It this
Lease is not terminated, then Owner shall promptly repair the premises and there shall be a proportionate reduction of lease payment until the premises are
repaired and ready for Tenant's occupancy. The proportionate reduction shall be based on the extent to which the making of repairs interferes with Tenant's
reasonable use of the premises.
14. ENTRY AND INSPECTION: Owner shall have the right to enter the premises: (a) in case of emergency; (b) to make necessary or agreed repairs,
decorations, alterations, improvements, supply necessary or agreed services, exhibit the premises to prospective or actual purchasers, mortgagees, tenants,
workmen, or contractors; (c) when tenant has abandoned or surrendered the premises. Except under (a) and (c), entry may only be made during normal waking
hours (8 am to 8 pm) and only with at least 24 hours prior notice to Tenant, unless Tenant agrees to such.
15. INDEMNIFICATION: Owner shall not be liable for any damage or injury to Tenant, or any other person, or to any property, occurring on the premises or
any part thereof, or in common areas thereof, unless such damage is the proximate result of the negligence or unlawful act of Owner, his agents, or his
employees. Tenant agrees to hold Owner harmless from any claims for damages, no matter how caused, except for injury or damages for which Owner is legally
responsible.
16. PHYSICAL POSSESSION: If Owner is unable to deliver possession of the premises at the commencement hereof, Owner shall not be liable for any
damage caused thereby, nor shall this agreement be void or void able, but Tenant shall not be liable for any lease payment until possession Is delivered or made
available for delivery. Tenant may terminate this agreement if possession is not delivered within 5 days of the commencement of the term hereof.
17. DEFAULT: If Tenant shall fail to pay the lease payment when due, or perform any term hereof, after not less than three (3) days written notice of such
default given in the manner required by law, the Owner, at his option, may terminate all rights of Tenant hereunder, unless Tenant, within said time, shall cure such
default. If Tenant abandons or vacates the property, while in default on the lease, Owner may consider any property left on the premises to be abandoned and
may dispose of the same in any manner allowed by law. In the event the Owner reasonably believes that such abandoned property has no value, it may be
discarded. All property on the premises is hereby subject to a lien in favor of Owner for the payment of all sums due hereunder, to the maximum extent allowed by
law. In the event of a default by Tenant, Owner may elect to (a) continue the lease in effect and enforce all his rights and remedies hereunder, including the right
to recover the lease payment(s) as it becomes due, or (b) at any time, terminate all of Tenant's rights hereunder and recover from Tenant all damages he may
incur by reason of the breach of the lease, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of
an award if suit be instituted to enforce this provision, of the amount by which the unpaid lease payments for the balance of the term exceeds the amount of such
lease payment loss which the Tenant proves could be reasonably avoided.
18. SECURITY: The security deposit set forth, if any, shall secure the performance of Tenant's obligations hereunder. Owner may, but shall not be obligated to,
apply all portions of said deposit on account of Tenant's obligations hereunder. Any balance remaining upon termination shall be returned to Tenant. Tenant shall
not have the right to apply the security deposit in payment of the last month's lease payment. A stay of less than one semester will cause forfeiture of the entire
security deposit. Tenant shall also forfeit the entire deposit after signing this lease agreement, even if tenant does not move into the property.
19. DEPOSIT REFUNDS: The balance of all deposits shall be refunded within eight weeks from date possession is delivered to Owner or his Authorized
Agent, together with a statement showing any charges made against such deposits by Owner. A carpet-cleaning fee of $50 shall be deducted from your deposit.
Any additional required cleaning shall also be billed accordingly. Deposit Refunds are at the discretion of owner based upon damages to the premise.
20. ATTORNEY'S FEES: In any legal action brought by either party to enforce the terms hereof or relating to the demised premises, the prevailing party shall
be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee.
21. WAIVER: No failure of Owner to enforce any term hereof shall be deemed a waiver. Acceptance by Owner shall not waive his right to enforce any term
hereof.
22. NOTICES: Any notice which either party may give or is required to give, may be given by mailing the same, postage prepaid, to Tenant at the premises or to
Owner at the address shown herein or at such other places as may be designated by the parties from time to time.
23. TIME: Time is of the essence of this agreement.
ENTIRE AGREEMENT: The foregoing Constitutes the entire agreement between the parties, except for House Rules, and may be modified only by a writing
signed by both parties.
The undersigned Tenant hereby acknowledges receipt of a copy hereof.
TENANT:______________________________________ CO-TENANT:_______________________________________________ DATED:________________
ACCEPTANCE by Owner (or Owner’s Agent): __________________________________________________ DATED:_______________________________
ADDITIONAL TERMS AND CONDITIONS:
_________________________________________________________________________________________________________
Tenant’s email address for Rentmatic activation _________________________________(please do not use a BYU-I email)
TENANT TO DO LIST:
1)
Please read your lease agreement and house rules (attached) so that you understand the rules and procedures to be followed.
2)
Pay rent or any remaining rent for the current month and any other miscellaneous charges. Pay deposit if it has not already been taken
care of.
3)
Your address is: 347 S 4th W #___
Rexburg, Idaho 83440
4)
Call the electric and gas utilities to put your name on the account for your apartment.
Have them put the utilities in your name as of the date you move in.
a) Qwest Telephone, 12 N Center, 1-800-244-1111 (optional) Call phone company first if you are getting one so you can give the number
to the other utilities.
b) Intermountain Gas, 12 N Center, 1-800-548-3679
c) Utah Power & Light, 12 N Center, 1-888-221-7070
5)
After you move in: Fill out your move-in checklist and utility sheet. Return these with your signed and dated House Rules document
within 24 hours.
6)
Your rent payments are made through an automated system called Rentmatic. Once we receive your utility sheet, we will send you an
email with the sign up instructions for Rentmatic. Please look for this email and sign up for Rentmatic immediately upon receiving the sign
up instructions.
7)
If you find anything wrong in the apartment, please call me as soon as possible.
TENANT'S PERSONAL AND CREDIT INFORMATION
(In the event of co-tenants, other than spouses, use separate sheet for each tenant.)
Name
Date of Birth
Social Security No.
Name of Co-Tenant
Date of Birth
Social Security No.
Phone 1-
Phone 2-
Email 1 -
Email 2 -
Present Address – City/State/Zip
Present Landlord Name, Phone # & Email
Previous Address – City/State/Zip
Previous Landlord Name, Phone # & Email
Car Year
Make
Model
Color
License No.
OCCUPATION INFORMATION
PRESENT OCCUPATION
PRIOR OCCUPATION
CO-TENANTS
OCCUPATION
Occupation
Employer
Self-employed, d.b.a.
Business Address
Business Phone
Type of Business
Position held
Name and Title of Superior
How long
Monthly Gross Income
REFERENCES
PERSONAL REFERENCE NAME___________________________________________________________________________________
ADDRESS_______________________________________________________________________________PHONE___________________________
CITY, STATE ZIP___________________________________________________________________________________________
LENGTH OF ACQUAINTANCE __________________ OCCUPATION______________________________________________________
NEAREST RELATIVE______________________________________________________________________________________
ADDRESS______________________________________________________________________________PHONE____________________________
CITY, STATE ZIP___________________________________________________________________
RELATIONSHIP_______________________________________
OTHER RELATIVE_________________________________________________________________________________________
ADDRESS______________________________________________________________________________PHONE____________________________
CITY, STATE ZIP___________________________________________________________________________________________
RELATIONSHIP_______________________________________
Have you ever filed a petition of bankruptcy? __________
Have you ever been evicted from any tenancy? _________
Have you ever willfully and Intentionally refused to pay any rent or lease payments when due? _______
I DECLARE THAT THE FOREGOING IS TRUE AND CORRECT AND AUTHORIZE ITS VERIFICATION.
I agree that the Landlord may terminate any agreement entered into in reliance on any misstatement made above.
TENANT_____________________________________________________________ DATED: _________________________
CO-TENANT____________________________________________________________________ DATED: _________________________
APPLETREE APARTMENTS RULES AND REGULATIONS
HOUSE RULES
I.
GENERAL
1. This Agreement is an Addendum and part of the Lease Agreement between Owner and Resident.
2. Owner may adopt new rules and regulations, or amendments to these rules, upon giving 30 days
notice in writing. These rules and any changes or amendments have a legitimate purpose and
are not intended to be arbitrary or work as a substantial modification of resident rights. They
will not be unequally enforced. Resident is responsible for the conduct of guests and the
adherence to these rules and regulations at all times.
II.
CONDUCT and NOISE
1. All activities and conduct of Residents, their family, and guests, in and around the premises and
common areas must be reasonable and not interfere with the peace, comfort and quiet enjoyment
of other residents.
2. Residents, their family and guests will respect the peace, comfort, and quiet enjoyment of other
residents. Musical instruments, radio, television sets, stereos, etc., should be played only during
reasonable hours, normally 10:00 a.m. to 10:00 p.m. and at a reasonable volume.
3. The activities and conduct of Residents, their family and guests, outside of the unit on the
common grounds, parking areas, or any recreation facilities must be reasonable at all times and
not annoy or disturb other persons.
III. CLEANLINESS and TRASH
1. The unit must be kept clean, sanitary, and free from objectionable odors.
2. Residents shall assist management in keeping the outside common areas clean.
3. No littering of papers, or trash is allowed.
4. No trash or other materials may be accumulated which will cause a hazard or be in violation of
any health, fire or safety code.
5. Garbage is to be placed inside the containers provided and lids should not be slammed. Garbage
should not be allowed to accumulate and should be placed in the outside containers on a daily
basis. Garbage collectors will not pick up anything spilled or set next to the containers.
6. Furniture must be kept inside the unit. Unsightly items must be kept out of vision.
7. Articles are not to be left in the hallways, decks, porches or common areas.
8. Clothing, curtains, rugs, etc. shall not be shaken or hung outside of any window, ledge, or
balcony.
9. Do not place furniture or other large items in, or next to, the dumpster. These items must be
taken by the Resident to the city dump.
IV. SAFETY
1. All doors must be locked during absence of the Resident(s).
2. All appliances must be turned off before leaving the unit.
3. When leaving for an extended period, Resident shall notify management how long resident will
be away.
4. Smoking is strictly prohibited anywhere on the property or inside the apartments.
5. The use or storage of gasoline, cleaning solvent or other combustibles in the unit is prohibited.
V.
MAINTENANCE, REPAIRS, AND ALTERATIONS
1. The unit is supplied with smoke detection device(s) upon occupancy. It shall be the responsibility
of Resident to regularly test the detector(s) to ensure that the device(s) is in operable condition.
Resident will inform management immediately, in writing, of any defect, malfunction or failures
of such smoke detector(s). Resident is responsible to replace smoke detector batteries, if any, as
needed.
2. Alteration or replacement of locks or installation of knockers or other attachments upon any door
is not permitted. The Management shall retain a passkey to all the premises for emergency
purposes
3. Resident shall advise management, in writing, of any items requiring repair (dripping faucets,
defective light switches, electrical outlets, etc.). Notification should be immediate in an
emergency, or for normal problems within the hours of 9:00 a.m. to 4:00 p.m. Repair requests
should be made as soon as the defect is noticed. Resident may be responsible for additional costs
due to their negligence in notifying Owner in a timely manner of any defects.
4. Costs of repair or clearance of stoppages in waste pipes or drains, water pipes or plumbing
fixtures caused by Resident negligence or improper usage are the responsibility of Resident.
Resident must pay for corrective action on demand. PLEASE NOTE: Drain cleaners such as
Draino, Liquid Plumber, etc. are very damaging to the pipes. These cleaners are not allowed to
be used in the unit.
5. Resident shall be responsible for the repair and maintenance of all glass and mirrors in the unit.
6. No alterations or improvements shall be made by resident without the consent of the
management. Any article attached to the woodwork, walls, floors or ceilings shall be the sole
responsibility of Resident. Resident shall be liable for any repairs necessary during or after
residency to restore the premises to the original condition. Glue or tape shall not be used to affix
pictures or decorations.
THE UNDERSIGNED RESIDENT(S) ACKNOWLEDGES HAVING READ AND UNDERSTOOD
THE FOREGOING, AND RECEIPT OF DUPLICATE ORIGINAL, WHICH CONSISTS OF TWO
PAGES. (Please initial at the bottom of previous page)
OWNER (OR AGENT):
Owner or Agent's Signature
TENANT:
Date
Date
CO-TENANT:
Date
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