RENTAL AGREEMENT - WASHINGTON

Transcription

1 RENTAL AGREEMENT - WASHINGTON ( ) NEW ( ) RENEWAL ( ) TRANSFER ( ) CHANGE THIS AGREEMENT is entered into on, between: OWNER/AGENT (LANDLORD) Name: Address: City: State: Zip: RESIDENT(S) Name(s): Additional Co-applicants: - Additional Residents (List all adults): Landlord agrees to rent below premises to Resident under the following terms and conditions: PREMISES Property Name: Property Address: Unit #: TERM Lease term begins: ] Lease term ends: Month to month begins: RENTS Monthly rent: $ First month s rent: $ From: To: Rent due date (if other than the first): UTILITIES PAID BY LANDLORD ( )Electricity ( )Water ( )Sewer ( )Garbage ( )Cable Gas Other: DEPOSITS & FEES Security deposit (refundable): $ Pet deposit (refundable): $ Non-refundable pet fee: $ Return check charge: $ Last Month s Rent Deposit: $ Late fee: flat fee / per day / % of rent every 5 days (circle one) ( ) Check if early termination provision applies Early Termination Fee: $ SUMMARY OF CHARGES Rent: $ Prior Payment: $ Deposits: $ Execution Deposit: $ Second month s rent: $ From: To: None Non-refundable fees: $ Description: Fees: $ Other: $ Total due at move-in: $ ACKNOWLEDGEMENTS I have read and agree to the attached Terms and Conditions. Resident (print): Signature: Date: Resident (print): Signature: Date: Landlord (print): Signature: Date: Page 1 of 5

2 TERMS AND CONDITIONS 1. Applicable Law: Landlord and Resident hereby agree to abide by all provisions of the Washington Residential Landlord- Tenant Act, and any other applicable law or ordinance that may govern the parties Landlord-Tenant relationship, and/or performance of any terms or conditions of the parties Agreements. 2. Rents: Resident shall pay Landlord rent, in advance, on or before the first day of each calendar month. If Resident s occupancy commences on a date other than the first day of a calendar month, Resident shall pay one full month s rent at the time of move in, and the second month s rent shall be prorated accordingly. Partial payments shall not be permitted without prior Landlord written approval. All payments shall be made at the above-stated address for Landlord, or at such other location as Landlord may designate. Landlord may refuse to accept cash payments of rent, rent payments from anyone other than the Resident, or multiple checks for rent, in order to protect the Owner, their Agents and/or employees. Personal checks without a bank pre-printed name and address of the account holder may be refused. If a Resident s check has been dishonored for any reason, Landlord may require Resident to make all future rent payments via certified check or money order. Any rent not paid by the end of the 5 th day of the month shall be subject to a late fee in the amount set forth in your Rental Agreement and shall be payable only by money order, cashier s check or certified check. Month-to-month rents may increase upon 30 days prior written notice. Properties located within the Seattle city limits, where the increase equals or exceeds 10% within any 12-month period, shall provide 60 days written notice. In the event any daily prorates are required, whether for rents or other monthly charges, the Landlord may determine the daily prorates by consistently applying one of the following formulas throughout the rental term: a) a 360 day year composed of twelve months of 30 days each; b) a 365 day year; or c) the actual number of days in the current month. 3. Notice To Pay Rent Or Vacate: If Resident does not pay rent when due, Landlord may serve a Notice to Pay Rent or Vacate in accordance with Washington law. Resident understand that if Resident is given a notice to pay or comply or vacate and chooses to vacate the unit during the period of the notice, that the Resident shall remain liable for the rent through the end of the lease term or the next month in the case of a month-to-month tenancy. 4. Application of Payments: All payments made by Resident to Landlord after the tenancy commences, no matter how designated by Resident or any other Payor, may be applied by Landlord as follows: first, to any outstanding non-rent amounts due landlord for damages / repairs, utilities, deposits, fees, late charges, costs or attorney fees, etc.; second, to any rent outstanding from prior months; third, to the current month s rent. 5. Termination of Tenancy by Resident: Either party may terminate Resident s month-to-month tenancy by giving written notice of such termination to the other party, not less than twenty (20) days prior to the end of any rental period. Month-tomonth Residents understand that a rental period is from the first to the last day of a calendar month. In the event that the parties are subject to a lease for a term, Resident shall give Landlord written notice of Resident s intention to vacate the premises at the end of the term at least twenty (20) days prior to the expiration of the term of the Lease, and failure to give such notice shall obligate Resident to continue the Lease on a month-to-month basis under the same terms and conditions set forth herein. In the event Resident fails to provide written legal notice of termination, Resident shall be liable for rent for the following month. 6. Subletting and Assignment: Resident is expressly prohibited from subletting and/or assigning any portion of this Rental Agreement and/or Lease without the prior written consent of the Landlord, and any sublease or assignment, whether consented to or not, shall not release Resident from his/her obligations under this agreement. 7. Notice of Absence: Resident hereby agrees to notify Landlord in writing of any Resident absence in excess of seven (7) days, which said notice shall be provided to Landlord no later than the first day of said absence. 8. Early Termination of Lease: Early termination of the Lease by Resident is not permitted, unless authorized in writing by Landlord. In the event Resident fails, for any reason, to occupy the unit for the full term, Landlord shall be entitled to recover any and all damages incurred thereby, including, without limitation, the following: (a) rent through the earlier of the remainder of the term, the date upon which a new tenancy with a new tenant begins, or the last date permitted by law; (b) the immediate repayment of any concessions previously granted to Resident; (c) turnover costs; and (d) pre- and postjudgment interest as permitted by law. In the event of any abandonment or involuntary termination of Tenant's lease, due to default or otherwise, Tenant shall pay unto Landlord, in addition to any other damages allowed by law, an early termination fee in the amount set forth above, which the parties hereby agree is reasonable. 9. Limitations Upon Types of Personal Property: Waterbeds, pianos and organs are only permissible with prior written approval by Landlord, which shall be at Landlord s sole discretion, and may be made subject to proof of proper insurance. Approved Personal Property: Waterbed Organ Piano Other: 10. Pets: Pets or other animals shall not be maintained in or upon the premises without the prior written consent of Landlord. Permission for any pet may be made expressly conditioned upon Resident s execution of a separate Pet Agreement, and/or the payment of additional pet fees, security deposits, and/or rent. Resident shall be responsible for any and all damage caused by their pets. 11. Occupancy of the Apartment: The premises shall only be used for residential purposes, and shall only house those persons listed in the Rental Agreement. Any change in occupants, and/or proposed addition to the number of occupants, shall be expressly conditioned upon the prior written acceptance and approval of Landlord, which said approval may be withheld without cause. Resident is strictly prohibited from permitting persons other than those listed in the Agreement from staying in the premises more than ten (10) consecutive days, or a total of twenty (20) calendar days in any 12-month period. Staying in the premises shall include, but shall not be limited to, any presence upon the premises of an individual for a substantial amount of time, whether during the day or night, and may further include long term guests, regular guests, live-in babysitters, and/or visiting relatives. Resident shall immediately notify Landlord in writing anytime the Resident expects any guest to be staying in excess of these stated time limits, or when such person stays in excess of such time limits, whichever occurs first. Subsidized Residents shall be required to report to Landlord in writing the identity of any Page 2 of 5

3 persons not identified in the Rental Agreement who are staying in the rental unit for more than ten (10) consecutive days, or a total of twenty (20) days in any 12-month period, and shall further state whether such person is contributing to the income of the Resident, and to what extent. 12. Use and Care of Premises: a) Resident shall keep all areas of the premises clean, sanitary and free from the accumulations of debris, filth, rubbish and garbage, and to dispose of the same in a proper manner; b) Resident shall exercise extreme caution regarding the use of cigarettes and other fire hazards; c) Resident shall not store flammable or hazardous materials; d) Resident shall use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and/or any other facilities or appliances on the premises in a reasonable manner and in accordance with their intended use; e) Resident shall not change, modify or add to the premises, install anything in or upon walls, ceiling, or windows, without the prior written consent of Landlord; f) Resident shall be responsible for all damage in excess of normal wear and tear to furnishings or premises caused by their negligence, and/or the negligence of their guests and/or invitees, all of whom shall be further responsible for all expenses or damages caused by the stoppage of waste pipes or overflows of bathtubs, toilets, and/or wash basins, including, without limitation, damage to the building or furnishings other than ordinary wear and tear; g) Resident shall immediately report any defects in any plumbing, plumbing fixtures, electrical, sanitary, heating, ventilating, air conditioning items, other equipment and/or essential services, and any leaks, standing water, water intrusion of any kind, or mold or mildew; h) Resident shall not destroy, damage, deface, or remove any part of the premises, or permit any persons to do so; i) Resident shall be liable for any damage to the premises exceeding ordinary wear and tear; j) The Resident shall not tamper with the heating system, appliances, locks, doors, light fixtures, or smoke alarms, and/or make any alterations to the premises without the prior written consent of the Landlord. 13. Surrender at Termination of Tenancy: Upon termination of Resident s tenancy, Resident shall clean and restore the premises to its condition at the commencement of the tenancy, excepting for ordinary wear and tear. The parties agree that dirty or stained conditions, including, but not limited to, any cleaning or damages as a result of cigarette or similar smoke, do not constitute ordinary wear and tear from normal usage. Resident shall repair any damage to the premises, or its contents, and shall replace any lost or missing items of furnishings, appliances, equipment, or other personal property of Landlord, including, but not limited to, keys and light bulbs, excepting for ordinary wear and tear from normal usage, all at Resident s sole cost and expense. 14. Satellite Dishes: Satellite and/or antennas shall only be allowed in strict accordance with the Landlord s satellite dish policy and any applicable law. 15. Security Deposits: Resident has deposited with the Landlord, a security deposit in the amount set forth herein above, receipt of which is hereby acknowledged by Landlord as a security deposit. If Landlord is a property manager or broker, such sum shall be deposited in a trust account with the branch of the bank, whose address is. Landlord may retain all, or any portion of, the deposit to cover Resident s default(s), including without limitation, a) Resident s failure or refusal to fully perform all duties imposed by statute, this Agreement, and/or any Addendum hereto; b) Resident s failure or refusal to clean, repair, restore the premises and/or any appliances, furniture, fixtures, equipment and other property supplied by Landlord to the condition it existed in at the commencement of the tenancy, as evidenced by the Move In Inspection Report, excepting for normal wear and tear; c) Resident s failure to pay any rent, returned check charges, late charges, utility charges or other charges which may be owed by Resident pursuant to this Agreement. After applying the security deposits to the foregoing items, any excess security deposits shall be refunded in accordance with applicable state law. Any deficiency shall be due from Resident to Landlord at the time the Accounting is sent to Resident. Any amounts not paid by Resident within thirty (30) days following the due date shall thereafter accrue interest at the rate of 1% per month, and any overdue accounts may be turned over to a collection agency, whereupon the Resident shall be responsible for all collection agency fees and charges. Service of a Final Accounting and/or refunding any deposit shall not constitute a waiver of the Landlord s right to payment for charges discovered or finalized after the Accounting was served. In the event multiple Residents of a single premises have given Landlord a security deposit, said security deposit shall only be refunded when the last Resident vacates the premises and terminates the tenancy, unless other arrangements are made with Landlord in writing prior to the vacation of the first Resident, and Landlord reserves the right to issue any refund check in the name of all Residents or in the name of the final remaining Resident. It is Residents sole responsibility to allocate any refunded amount between themselves. In the event any security deposit is deposited in an interest-bearing account, all interest shall accrue to the benefit of the Landlord pursuant to their agreement. No interest shall be paid to Resident on security deposits. If an agent for the Owner has released the security deposit to the Owner, the Resident shall look solely to the Owner for any refund. 16. Nonrefundable Fee: In the event that any nonrefundable fee has been listed herein, Resident acknowledges that this fee shall be payable prior to Resident s occupancy of the premises, shall not be refundable, and shall not be used to offset any items (including cleaning). 17. Joint and Several Liability/Responsibility: All Residents are jointly and severally liable and responsible for the performance of all terms and conditions of this Agreement, and for any damage caused to the living unit or common area by the Resident, any other Resident or Occupant of the same unit, and/or their guests. In the event of any such damage, and/or related repair, Resident must pay for said repairs and/or damage upon demand by Landlord. Failure to pay any amount due shall be a material breach of this agreement. 18. Access: The Resident agrees not to unreasonably withhold consent to the Landlord to enter the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements or to show the unit to prospective buyers or Residents. Landlord may enter the unit without consent in an emergency or at any reasonable time with two days notice or after receipt of tenant s written request for maintenance. 19. Locks: Doors to Resident s dwelling should be kept locked. Resident shall notify Landlord in writing if locks fail to operate. The Landlord will not be liable or responsible in any way for loss or damage to articles or property belonging to Residents. Resident shall not change the locks without Landlord s prior written consent. Resident shall immediately provide Landlord with a key to any new locks installed. Page 3 of 5

4 20. Risk of Loss of Resident s Property: Resident shall assume and maintain all risks of loss of any and all of Resident s personal property, whether located in the premises, a garage/carport, a designated storage area, or anywhere else upon the premises, whether due to the lack of heat, refrigeration, or other services to the premises arising out of any accident, act of God, or occurrences beyond the control of the Landlord, and Resident s rights and remedies shall be limited to those specified in the Washington Residential Landlord-Tenant Act. Landlord highly recommends that Residents procure and maintain renter s insurance to cover fire, theft and/or other damage to the Resident s personal property. Resident expressly acknowledges that the Landlord s fire insurance and other insurance policies shall not treat the Resident, and/or the Resident s invitees and/or guests, as beneficiaries and Resident shall be liable for any fire related damages caused by the Resident or any member of the household or guest, and shall be subject to any legal action for such damages by either the Owner, Management Company or their insurance carrier. Resident is strongly encouraged to obtain insurance against such loss in an amount up to $100, The Landlord s fire insurance does not reimburse losses to the Resident s personal property in the event of damage to the dwelling and Resident is encouraged to procure separate insurance to cover any such losses or damages. Resident, and Resident s insurers, hereby waive any right of subrogation against the Landlord, with respect to any loss or damage relating to Resident s property to the extent such loss or damage is covered by Resident s renter s insurance. 21. Conduct, Rules and Regulations: Resident covenants that all occupants, invitees, and/or guests of the Resident shall comply with all rules and regulations, and any additional or other rules or regulations adopted by Landlord, including, without limitation, the printed rules and regulations attached hereto, and incorporated herein by reference for all purposes. Resident further covenants that all occupants, invitees or guests of the Resident shall never be disorderly, boisterous or unlawful, and shall not disturb the rights, comforts and convenience of any other Residents, invitees or guests. No noise shall be emitted from any dwelling unit that can be heard outside the unit between the hours of 10:00 p.m. and 7:00 a.m., including, without limitation, noise created by stereos, radios, televisions, musical instruments, and/or any other device which can create analogous sounds and noise. Resident shall not play in halls, stairways, entrance buildings, gardens or landscape areas except where specifically permitted by the Landlord. Possession, manufacturing or distribution of illegal substances and possession or use of drug paraphernalia in, on or in the vicinity of the premises is strictly prohibited and shall result in termination of tenancy. Resident shall not permit and/or acquiesce to having any person on the premises, for any period of time, who has been excluded from any common area by the Landlord, and/or who has had their Rental Agreement previously terminated. 22. Interference with Management: Any action by Resident, any occupant of Resident s unit, or any guest or Resident that interferes with the management of the premises shall be considered a material noncompliance with this rental agreement. 23. Abandoned Property: Any personal property, goods and/or vehicles left at or upon the premises after termination of the tenancy by any means shall be considered abandoned, and shall thereafter be disposed of in accordance with applicable law. 24. Requests for Reasonable Accommodation: All requests for an accommodation by Landlord, as required under the Federal or State Fair Housing Acts, must be made in writing to Landlord, specifying the nature of the requested accommodation. Companion animals requested by the Resident, which are not already owned by the Resident at the time of the commencement of the tenancy, shall be subject to the breed and weight restrictions in the pet and dog addenda and/or rules and regulations. 25. Attorney Fees: In the event the Landlord has to bring an action to enforce any provisions of this agreement of the Washington Residential Landlord / Tenant Act, Landlord shall be entitled to, in addition to costs, pre-judgment interest at the judgment rate from the date of default and reasonable attorney s fees, including upon any appeal. 26. Termination for False Information or Criminal Conviction: If any information supplied in conjunction with application for this rental unit is later found to be false, or if any occupant is convicted of a crime during the tenancy, on or off the premises, that would constitute grounds for denial of tenancy under Landlord s then current rental criteria, this is grounds for termination of tenancy under either RCW (5) or RCW (6) as the false information or commission of a crime shall immediately forfeit Landlord s permission to occupy the premises. 27. Severability: In the event that any clause or provision of this Agreement is found to be illegal, invalid or unenforceable under present or future laws, then it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties that a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable be inserted in its place. 28. Non-Waiver: Failure of Landlord to insist upon the strict compliance of the terms and conditions of this Agreement, and/or any terms and conditions of any Addendum hereto, shall not constitute a waiver or relinquishment of Landlord s rights thereafter to enforce such terms and conditions. Resident agrees that acceptance of rent by the Landlord from the Resident or any person or entity on the Resident s behalf shall not be construed in any way as a waiver of Landlord s right to enforce a previously issued notice under RCW or use actions of the Resident or Resident s guests or invitees which occurred prior to the acceptance of the rent as a basis for issuing and enforcing a notice authorized by RCW Safety and Security: Resident acknowledges that Landlord is not promising, warranting, or guarantying the safety or security of any Resident, occupant, invitee, guest, or of any possessions, and that Landlord does not warrant or guaranty the effectiveness or operability of any security devices or measures. Doors to the Resident s dwelling should be kept locked, and Resident shall immediately notify Landlord in writing if any lock fails to properly function and/or operate. Landlord shall not be liable or responsible to Resident in any manner for any loss or damage to articles or property belonging to Resident. Resident shall not change locks without Landlord s prior written consent. In the event that any locks are so changed, Resident shall immediately provide Landlord a key to any new locks so installed. Failure to provide keys to newly installed locks shall be a material violation of this agreement. 30. Definition of Landlord: Wherever used herein, the term Landlord shall include the Landlord, Owner, Agents, and/or Employees of the same. Page 4 of 5

5 31. Definition of Resident/Tenant: Wherever the words "tenant" or "resident" appear in this Agreement, any Addendum hereto, and/or in any notices from or to either party, said terms shall have the same meaning and shall be defined as a "tenant."32. Attachments to the Agreement: Resident hereby certifies that he/she has received a copy of this Agreement and the following checked attachments to this Agreement. Resident further certifies that he/she understands that these attachments constitute a part of this Agreement, and are incorporated herein by reference: 33. Utilities: Landlord agrees, at Landlord s expense, to furnish the utilities listed on the face page of this Agreement. Resident shall pay all charges, including utility deposits, for any utility not supplied by Landlord, and which is assessed by the utility provider, the Landlord, or Landlord s designated billing party, in connection with Resident s use of utilities during the term of the Rental Agreement, or the period of occupancy by the Resident, whichever is longer. Resident shall not waste utilities, and shall properly use all electrical, gas and plumbing fixtures and appliances. Resident is prohibited from installing or operating a dishwasher, washing machine, clothes dryer or an air conditioning unit unless one has been supplied by the Landlord, or Landlord has first provided prior written approval. In the event that sub-metered or allocation payments are not made when due from Resident to Landlord, said failure shall constitute a default under the Rental Agreement. Resident expressly authorizes Landlord to apply any and all funds received from the Resident, including funds paid as rent, first to any past due balance owing on utilities, and then any remaining funds may thereafter be applied to rent. Resident agrees that this authorization shall supersede any limiting or restrictive endorsement contained on the payment. Landlord may modify the method by which utilities are furnished to the premises or billed to the Resident during the term of this Lease. In the event of any interruption or failure of utility services that the Landlord is required to furnish, Landlord shall use reasonable diligence in its efforts to restore such services, but shall not be liable for any damages directly or proximally caused interruption or failure of utility services, unless such interruption or failure was due solely to the Landlord s failure to pay for the provision of such services for the premises to the utility service provider. Failure of the Resident to pay any utility when due shall be grounds for termination of tenancy. 34. Move In Condition: Resident acknowledges that Resident has fully inspected the premises prior to moving in, and that the results of said inspection are contained in an Inspection Report jointly prepared by Landlord and Resident. Resident acknowledges that, except as set forth in said report, the premises are in good condition, free of habitability defects, and that Landlord is not required to clean any portion of the premises, perform any repairs or work in or upon the premises prior to Resident s occupancy. Resident further acknowledges that the smoke detector is operable, and that it is Resident s responsibility to replace batteries, as needed, and to maintain the smoke detector in accordance with local, state and federal law and any manufacturer s recommendations. Failure to return the signed move in inspection form to the Landlord shall be grounds for termination of the tenancy without regard to any time lapse between the date that the form is presented to the Resident and the date of the demand for the return of the form or rent money accepted during any such time lapse. 35. Parking/Vehicles: Any vehicle parked in any off street parking must be fully operational and functional, and in a running condition capable of being legally operated on the street, and shall be properly licensed and insured. Off street parking is for the primary use of Residents vehicle parking. Second cars, trailers, recreational vehicles, boats and guest vehicles are expressly prohibited, unless authorized in writing by Landlord. Vehicles shall only be permitted in designated spaces. Resident shall not permit, and shall be responsible for, any damage to the grounds of the premises, community, and/or surroundings from dripping oil, gasoline, coolant, and/or related materials, from motor vehicles owned or operated by Resident, his/her guests or invitees. Resident shall not perform or cause to be performed any repairs to motor vehicles within, upon, or near the premises. Any vehicle which fails to comply with the foregoing standards shall be towed at Resident s expense. 36. Notices: All notices required to be in writing under the Rental Agreement or State law shall be served personally, by first class mail, or by first class mail and attachment. In the event of mail and attachment, a notice from the Landlord to the Resident shall be deemed served on the time and day it is both mailed by first class mail to the Resident at the premises and attached in a secure manner to the main entrance of that portion of the premises of with the Resident has possession; and a notice from the Resident to the Landlord shall be deemed served on the time and day it is both mailed by first class mail to the Landlord at the address set forth on this Agreement and attached in a secure manner to the main entrance of the complex office, if one exists, and if not, to the Landlord s location identified on the from of this Agreement. Landlord is authorized to accept notices on behalf of the Owner of the premises. Any termination notice served upon Landlord by one Resident shall constitute a termination notice from all Residents. Accordingly, any Resident who has not provided a notice of termination, who desires to remain in the premises, may be required to re-qualify under Landlord s then-existing criteria. 37. Complete Agreement: This Lease sets forth the entire agreement between the parties with respect to the matters set forth herein, notwithstanding the contents of any prior agreement, assumptions, advertisements, warranties or representations by any person or entity. It shall not be altered nor modified unless such alteration or modification is in writing and signed by all signatories hereto. No verbal agreements, advertisements, warranties or representations have been made or relied upon by either party or any agent or employee of either party, and neither party nor any agent or employee of either party is entitled to alter any provisions of this Lease by any verbal representations or agreements to be made subsequent to the execution of this Lease. The foregoing notwithstanding, should Resident hold over after the expiration of the Lease term on a month-to-month holdover basis, Landlord may change any provision of this Lease without the consent of Resident in the manner prescribed by Washington State law. Rental Agreement/Washington R2008 Page 5 of 5