THIS
LEASE (the "Lease") dated ___________________________
BETWEEN:
|
Jud Landlord
Address:
333 E 300 S
Provo, UT 84604
Telephone:
800 - 374 - 4564
(the
"Landlord")
|
OF THE FIRST PART
|
-
AND -
|
Jud Tenant
Address:
down the hall
Provo
, ut, 84606
Telephone:
801 - 123 - 4567
(collectively
and individually the "Tenant")
|
OF THE SECOND PART
|
IN
CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the
Tenant leasing those premises from the Landlord and the mutual benefits and
obligations provided in this Lease, the receipt and sufficiency of which
consideration is hereby acknowledged, the parties to this Lease agree as
follows:
Leased
Premises
- The Landlord agrees to rent to the Tenant the
apartment municipally described as Your Address, Your City, UT 84604, (the 'Premises') for use as residential premises
only. The Premises are more particularly described as follows: .
Neither the Premises nor any part of the Premises will be used at any time
during the term of this Lease by Tenant for the purpose of carrying on any
business, profession, or trade of any kind, or for the purpose other than
as a private single-family residence.
- Subject to the provisions of this Lease, apart from
the Tenant, no other persons will live in the Premises without the prior
written permission of the Landlord. If LANDLORD,
with written consent, allows for additional persons to occupy the
premises, the rent shall be increased by $100 for each such person. Any
person staying 14 days cumulative or longer, without the LANDLORD'S
written consent, shall be considered as occupying the premises in
violation of this agreement.
- No guests of the Tenants may occupy the Premises for
longer than one week without the prior written consent of the Landlord.
- No liquid filled furniture of any kind may be kept on the premises. If the structure was built in 1973 or later TENANT may possess a waterbed if he maintains waterbed insurance valued at $100,000 or more. TENANT must furnish LANDLORD with proof of said insurance. TENANT must use bedding that complies with the load capacity of the manufacturer.
Terms
- The term of the Lease commences at 12:00 noon on 12/25/2007 and
ends at 12:00 noon 12-25-2008.
- Should the Tenant remain in possession of the
Premises with the consent of the Landlord after the natural expiration of
this Lease, a new tenancy from month to month will be created between the
Landlord and the Tenant which will be subject to all the terms and
conditions of this Lease but will be terminable upon the Landlord giving
the Tenant the notice required under the Act.
Rent
- Subject
to the provisions of this Lease, the rent for the Premises is $500 per
month
- The
Tenant will pay the Rent on or before the of each and every month of
the term of this Lease to the Landlord at payment 484 E 300 S1, Provo1, U 84604, or at such other place as the Landlord may later designate.
- The
Tenant will be charged an additional amount of $ 50 for any late Rent.
Security
Deposit
- On
execution of this Lease, the Tenant will pay the Landlord a security deposit of
$ 300 (the 'Security Deposit').
- The
Landlord will return the Security Deposit at the end of this tenancy, less such
deductions as provided in this Lease but no deduction will be made for damage
due to reasonable wear and tear nor for any deduction prohibited by the Act.
- During
the Term of this Lease or after its termination, the Landlord may charge the
Tenant or make deductions from the Security Deposit for any or all of the
following:
o repair of walls due to plugs, large
nails or any unreasonable number of holes in the walls including the repainting
of such damaged walls;
o repairing cuts, burns, or water damage
to tile, linoleum, rugs, and other areas;
o repainting required to repair the
results of any other improper use or excessive damage by the Tenant;
o repairs and replacement required where
windows are left open which have caused plumbing to freeze, or rain or water
damage to floors or walls; and
o replacing damaged or missing doors,
windows, screens, mirrors or light fixtures;
o any other repairs or cleaning due to
any damage beyond normal wear and tear caused or permitted by the Tenant or by
any person whom the Tenant is responsible for;
o unplugging toilets, sinks and drains;
o the cost of extermination where the
Tenant or the Tenant's guests have brought or allowed insects into the Premises
or building;
o any other purpose allowed under this
Lease or the Act.
For the purpose of this clause, the Landlord may charge the Tenant for
professional cleaning and repairs if the Tenant has not made alternate
arrangements with the Landlord.
- The
Tenant may not use the Security Deposit as payment for the Rent.
- Within
the lesser of Max days and any time period required by the Act after
the termination of this tenancy, the Landlord will deliver or mail the Security
Deposit less any proper deductions or with further demand for payment to: ______________________________,
or at such other place as the Tenant may advise. Any refund may be paid to any
of the Tenants.
Noise and Disruptive
Activities
- TENANT or his/her guests and invitees shall not disturb, annoy, endanger or inconvenience other tenants of the building, neighbors, the LANDLORD or his agents, or workmen nor violate any law, nor commit or permit waste or nuisance in or about the premises.
- The
Landlord covenants that on paying the Rent and performing the covenants
contained in this Lease, the Tenant will peacefully and quietly have, hold, and
enjoy the Premises for the agreed term.
- TENANT shall not do or keep anything in or about the premises that will obstruct the public spaces available to other residents. Lounging or unnecessary loitering on the front steps, public balconies or the common hallways that interferes with the convenience of other residents is prohibited
Inspections
- At
all reasonable times during the term of this Lease and any renewal of this
Lease, the Landlord and its agents may enter the Premises to make inspections
or repairs, or to show the Premises to prospective tenants or purchasers in
compliance with the Act.
Tenant
Improvements
- The
Tenant will obtain written permission from the Landlord before doing any of the
following:
o applying adhesive materials, or
inserting nails or hooks in walls or ceilings other than two small picture
hooks per wall;
o painting, wallpapering, redecorating
or in any way significantly altering the appearance of the Premises;
o removing or adding walls, or
performing any structural alterations;
o installing a waterbed(s);
o changing the amount of heat or power
normally used on the Premises as well as installing additional electrical
wiring or heating units;
o placing or exposing or allowing to be
placed or exposed anywhere inside or outside the Premises any placard, notice
or sign for advertising or any other purpose; or
o affixing to or erecting upon or near
the Premises any radio or TV antenna or tower.
Utilities
and Other Charges
- The
Tenant is responsible for the payment of the following utilities and other
charges in relation to the Premises: Lights
Insurance
-
The Tenant is hereby advised and understands that the personal property of the
Tenant is not insured by the Landlord for either damage or loss, and the
Landlord assumes no liability for any such loss. The Tenant is advised that, if
insurance coverage is desired by the Tenant, the Tenant should inquire of Tenant's
insurance agent regarding a renter's policy of insurance.
-
The Tenant is not responsible for insuring the Landlord's contents and furnishings
in or about the Premises for either damage or loss, and the Tenant assumes no
liability for any such loss.
-
The Tenant is responsible for insuring the Premises for either damage or loss
to the structure, mechanical or improvements to the building of the Premises,
and the Tenant assumes liability for any such loss.
-
The Tenant is responsible for insuring the Premises for liability insurance,
and the Tenant assumes liability for any such loss.
Abandonment
- If
at any time during the term of this Lease, the Tenant abandons the Premises or
any part of the Premises, the Landlord may, at its option, enter the Premises
by any means without being liable for any prosecution for such entering, and
without becoming liable to the Tenant for damages or for any payment of any
kind whatever, and may, at the Landlord's discretion, as agent for the Tenant,
rent the Premises, or any part of the Premises, for the whole or any part of
the then unexpired term, and may receive and collect all rent payable by virtue
of such renting, and, at the Landlord's option, hold the Tenant liable for any difference
between the Rent that would have been payable under this Lease during the
balance of the unexpired term, if this Lease had continued in force, and the
net rent for such period realized by the Landlord by means of the renting. If
the Landlord's right of re-entry is exercised following abandonment of the
premises by the Tenant, then the Landlord may consider any personal property
belonging to the Tenant and left on the Premises to also have been abandoned,
in which case the Landlord may dispose of all such personal property in any
manner the Landlord will deem proper and is relieved of all liability for doing
so.
Attorney Fees
- In
the event that any action is filed in relation to this Lease, the unsuccessful
party in the action will pay to the successful party, in addition to all the
sums that either party may be called on to pay, a reasonable sum for the
successful party's attorney fees.
Governing Law
- It
is the intention of the parties to this Lease that the tenancy created by this
Lease and the performance under this Lease, and all suits and special
proceedings under this Lease, be construed in accordance with and governed, to
the exclusion of the law of any other forum, by the laws of the State of UT,
without regard to the jurisdiction in which any action or special proceeding
may be instituted.
Severability
- If
there is a conflict between any provision of this Lease and the applicable
legislation of the State of UT (the 'Act'), the Act will prevail
and such provisions of the Lease will be amended or deleted as necessary in
order to comply with the Act. Further, any provisions that are required by the
Act are incorporated into this Lease.
- If
there is a conflict between any provision of this Lease and any form of lease
prescribed by the Act, that prescribed form will prevail and such provisions of
the lease will be amended or deleted as necessary in order to comply with that
prescribed form. Further, any provisions that are required by that prescribed
form are incorporated into this Lease.
- In
the event that any of the provisions of this Lease will be held to be invalid
or unenforceable in whole or in part, those provisions to the extent
enforceable and all other provisions will nevertheless continue to be valid and
enforceable as though the invalid or unenforceable parts had not been included
in this Lease and the remaining provisions had been executed by both parties
subsequent to the expungement of the invalid provision.
- If any provision of this agreement is held to be invalid, such
invalidity shall not affect the validity or enforceability of any other provision
of this agreement
Amendment
of Lease
- Any
amendment or modification of this Lease or additional obligation assumed by
either party in connection with this Lease will only be binding if evidenced in
writing signed by each party or an authorized representative of each party.
Assignment
and Subletting
-
An assignment, subletting, concession, or license or an assignment or subletting by operation of law, will be void and
will, at Landlord's option, terminate this Lease.
Damage
to Premises
- If
the Premises, or any part of the Premises, will be partially damaged by fire or
other casualty not due to the Tenant's negligence or willful act or that of the
Tenant's employee, family, agent, or visitor, the Premises will be promptly
repaired by the Landlord and there will be an abatement of rent corresponding
with the time during which, and the extent to which, the Premises may have been
unlivable. However, if the Premises should be damaged other than by the
Tenant's negligence or willful act or that of the Tenant's employee, family,
agent, or visitor and the Landlord decides not to rebuild or repair the
Premises, the Landlord may end this Lease by giving appropriate notice.
Maintenance
- The
Tenant will, at its sole expense, keep and maintain the Premises and
appurtenances in good and sanitary condition and repair during the term of this
Lease and any renewal of this Lease.
-
In particular, the Tenant will keep the fixtures in the Premises in good order and
repair. The Tenant will, at Tenant's sole expense, make all required repairs to
the plumbing, range, heating apparatus, and electric and gas fixtures whenever
damage to such items will have resulted from the Tenant's misuse, waste, or
neglect or that of the Tenant's employee, family, agent, or visitor.
- Major
maintenance and repair of the Premises involving anticipated or actual costs in
excess of $100.00 per incident not due to the Tenant's misuse, waste, or
neglect or that of the Tenant's employee, family, agent, or visitor, will be
the responsibility of the Landlord or the Landlord's assigns.
-
Where the Premises has its own sidewalk, entrance, driveway or parking space which is
for the exclusive use of the Tenant and its guests, the Tenant will keep the
sidewalk, entrance, driveway or parking space clean, tidy and free of
objectionable material including dirt, debris, snow and ice.
-
Where the Premises has its own garden or grass area which is for the exclusive use of
the Tenant and its guests, the Tenant will water, fertilize, weed, cut and
otherwise maintain the garden or grass area in a reasonable condition including
any trees or shrubs therein.
Care
and Use of Premises
- The Tenant will promptly notify the Landlord of any
damage, or of any situation that may significantly interfere with the
normal use of the Premises or to any furnishings supplied by the Landlord.
- Vehicles which the Landlord reasonably considers
unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed
are not permitted in the Tenant's parking stall(s), and such vehicles may
be towed away at the Tenant's expense. Parking facilities are provided at
the Tenant's own risk. The Tenant is required to park in only the space
allotted to them.
- The Tenant will not make (or allow to be made) any
noise or nuisance which, in the reasonable opinion of the Landlord,
disturbs the comfort or convenience of other tenants.
- The Tenant will keep the Premises reasonably clean.
- The Tenant will dispose of its trash in a timely,
tidy, proper and sanitary manner.
- The Tenant will not engage in any illegal trade or
activity on or about the Premises.
- The Landlord and Tenant will comply with standards
of health, sanitation, fire, housing and safety as required by law.
- The Landlord will use reasonable efforts to maintain
the Premises in such a condition as to prevent the accumulation of
moisture and the growth of mold, and to promptly respond to any written
notices from the Tenant in relations to accumulation of moisture and
visible evidence of mold.
- The Tenant will use reasonable efforts to maintain
the Premises in such a condition as to prevent the accumulation of
moisture and the growth of mold, and to promptly notify the Landlord in
writing of any moisture accumulation that occurs or of any visible
evidence of mold discovered by the Tenant.
- The Tenant agrees that no signs will be placed or
painting done on or about the Premises by the Tenant or at the Tenant's
direction without the prior, express, and written consent of the Landlord.
Notwithstanding the above provision, the Tenant may place election signs
on the Premises during the appropriate time periods.
- If the Tenant is absent from the Premises and the
Premises are unoccupied for a period of four consecutive days or longer,
the Tenant will arrange for regular inspection by a competent person. The
Landlord will be notified in advance as to the name, address and phone
number of this said person.
- The hallways, passages and stairs of the building in
which the Premises are situated will be used for no purpose other than
going to and from the Premises and the Tenant will not in any way encumber
those areas with boxes, furniture or other material or place or leave
rubbish in those areas and other areas used in common with any other
tenant.
- Boots and rubbers which are soiled or wet should be
removed at the entrance to the building in which the Premises are located
and taken into the Tenant's Premises.
- At the expiration of the lease term, the Tenant will
quit and surrender the Premises in as good a state and condition as they
were at the commencement of this Lease, reasonable use and wear and
damages by the elements excepted.
Hazardous
Materials
- The
Tenant will not keep or have on the Premises any article or thing of a
dangerous, flammable, or explosive character that might unreasonably increase
the danger of fire on the Premises or that might be considered hazardous by any
responsible insurance company.
Rules
and Regulations
- The
Tenant will obey all rules and regulations posted by the Landlord regarding the
use and care of the building, parking lot, laundry room and other common
facilities that are provided for the use of the Tenant in and around the
building containing the Premises.
Lead
Warning
- 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, lessors must disclose the presence of known lead-based paint
hazards in the dwelling. Lessees must also receive a federally approved
pamphlet on lead poisoning prevention.
General Provisions
- Any waiver by the Landlord of any failure by the
Tenant to perform or observe the provisions of this Lease will not operate
as a waiver of the Landlord's rights under this Lease in respect of any
subsequent defaults, breaches or non-performance and will not defeat or
affect in any way the Landlord's rights in respect of any subsequent
default or breach.
- This Lease will extend to and be binding upon and
inure to the benefit of the respective heirs, executors, administrators,
successors and assigns, as the case may be, of each party to this Lease.
All covenants are to be construed as conditions of this Lease.
- All sums payable by the Tenant to the Landlord
pursuant to any provision of this Lease will be deemed to be additional
rent and will be recovered by the Landlord as rental arrears.
- Where there is more than one Tenant executing this
Lease, all Tenants are jointly and severally liable for each other's acts,
omissions and liabilities pursuant to this Lease.
- Locks may not be added or changed without the prior
written agreement of both the Landlord and the Tenant, or unless the
changes are made in compliance with the Act.
- The Tenant will be charged an additional amount of
$25.00 for each N.S.F. check or check returned by the Tenant's financial
institution.
- The Tenant will professionally steam clean the
carpets on a yearly and at the termination of this Lease or the
Landlord may charge the Tenant or deduct the cost of having the carpets
professionally steam cleaned from the security deposit.
- Headings are inserted for the convenience of the
parties only and are not to be considered when interpreting this Lease.
Words in the singular mean and include the plural and vice versa. Words in
the masculine mean and include the feminine and vice versa.
- This Lease and the Tenant's leasehold interest under
this Lease are and will be subject, subordinate, and inferior to any liens
or encumbrances now or hereafter placed on the Premises by the Landlord,
all advances made under any such liens or encumbrances, the interest
payable on any such liens or encumbrances, and any and all renewals or
extensions such liens or encumbrances.
- This Lease may be executed in counterparts.
Facsimile signatures are binding and are considered to be original
signatures.
- Time is of the essence in this Lease.
- This Lease will constitute the entire agreement
between the Landlord and the Tenant. Any prior understanding or
representation of any kind preceding the date of this Lease will not be
binding on either party except to the extent incorporated in this Lease.
- The Tenant will indemnify and save the Landlord, and
the owner of the Premises where different from the Landlord, harmless from
all liabilities, fines, suits, claims, demands and actions of any kind or
nature for which the Landlord will or may become liable or suffer by
reason of any breach, violation or non-performance by the Tenant or by any
person for whom the Tenant is responsible, of any covenant, term, or
provisions hereof or by reason of any act, neglect or default on the part
of the Tenant or other person for whom the Tenant is responsible. Such
indemnification in respect of any such breach, violation or
non-performance, damage to property, injury or death occurring during the
term of the Lease will survive the termination of the Lease, notwithstanding
anything in this Lease to the contrary.
- The Tenant agrees that the Landlord will not be
liable or responsible in any way for any personal injury or death that may
be suffered or sustained by the Tenant or by any person for whom the
Tenant is responsible who may be on the Premises of the Landlord or for
any loss of or damage or injury to any property, including cars and
contents thereof belonging to the Tenant or to any other person for whom
the Tenant is responsible.
- The Tenant is responsible for any person or persons
who are upon the or occupying the Premises or any other part of the
Landlord's premises at the request of the Tenant, either express or
implied, whether for the purposes of visiting the Tenant, making
deliveries, repairs or attending upon the Premises for any other reason.
Without limiting the generality of the foregoing, the Tenant is
responsible for all members of the Tenant's family, guests, servants,
tradesmen, repairmen, employees, agents, invitees or other similar
persons.
- During the last 30 days of this Lease, the Landlord
or the Landlord's agents will have the privilege of displaying the usual
'For Sale' or 'For Rent' or 'Vacancy' signs on the Premises.
- The lease is subject to all rules, regulations and bylaws of any applicable Condominium and/or Home Owner Associations.
IN
WITNESS WHEREOF Jud Jenkins1, Jud Tenant have duly affixed their signatures on this _______________(date).
Witness:
Witness:
SAMPLE LEASE NOT A LEGAL DOCUMENT