Boulder Housing Partners

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1 Boulder Housing Partners Providing Homes, Creating Community, Changing Lives Lease and Addenda Boulder Housing Partners 4800 North Broadway, Boulder, CO (720) Table of Contents Lease Agreement Parties and Leased Premises Term of Lease Amount, Due Date, and Manner of Rental Payments Late Fees, Other Charges Security Deposit Utilities Income Information and Eligibility Resident s Obligations and Right to Use Resident Safety and Property Loss Pre-occupancy and Pre-Termination Inspections Condition of the Rental Property and Alterations Mold Entry of Rental Property During Occupancy Pets Parking Disclosure of Information Reimbursement for Repairs Legal Notices Termination of Lease Non-Waiver Insurance/Liability Subordination Severalbility Attorney s Fees Amendment to Lease Addenda Signatures Break Lease Agreement Rental Unit Disclosures Addendum No Smoking Addendum Pet Policy No Pet Agreement Utility Authorization Xcel Application Rent, Deposits, and Fees Parking Permit Program Race and Ethnic Data Reporting Form

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3 Lease Agreement Parties and Leased Premises Landlord: Resident(s): (List all occupants over age 18) It is understood that all persons listed above are joint tenants. They shall be jointly and severally liable for all obligations, financial or otherwise, under this Lease. Each Resident hereby agrees that each of the other Residents shall have the authority to enter into any written amendments or modifications of the Lease on behalf of him or her so as to fully bind him or her. Additional Occupants (all occupants under age 18): No other persons may live in the rental property without written consent of Landlord. Residents may provide temporary accommodation to guests, not to exceed a period of 14 consecutive days, or a total of 28 cumulative days during any six (6) month period. Assignment of this lease, or subletting, is not permitted. No one may be added to this lease without written consent of Landlord. Monthly rent: $ Security deposit: $ Late fee: $ Returned check (NSF) fee: $ Rental property: Street address Apt. # ity State Zip This rental property is to be used and occupied only as a private residence under the terms and conditions as stated herein. It is further understood that rental property includes, in addition to the interior living space and the exterior walls and roof, the patio, if any, and the yards adjoining the unit, if any. Term of Lease The term of this Lease shall be from 12:00 pm on to 12:00 pm on. Resident must give written notice of intent to vacate at least 30 days prior to termination of this lease. If Resident has not signed a lease renewal, the rental must be vacated by 12:00 pm or a Hold Over charge of $ and pro-rated rent will be charged. Amount, Due Date, and Manner of Rental Payments The total rental price for the term of this lease is $. Of this amount, the first rental payment, in the amount of $ is due on. The remainder is payable in monthly installments of $ each, due on the first day of each month, beginning on. The monthly heat/hot water bill for rental property is. Rent shall be paid by personal check, certified check, or money order. Cash is not accepted by BHP. Checks are to be made payable to, address: 4800 Broadway, Boulder CO The rent shall not be considered paid until the payment is actually received by Landlord. Partial payments are not accepted. Only one check per household will be accepted (multiple checks are not accepted). 3

4 Late Fees, Other Charges Rent is due on the first (1st) day of any month and is delinquent if not paid by the first day of each month. Resident shall pay a late fee of $50.00 if payment is received by Landlord after 5:00 pm on the fifth (5th) day of any month. If rent is not paid by 5:00 pm on the fifth (5th) day of any month, a demand for payment of rent or possession will be sent to Resident. If rent is not paid by the date and time specified on the demand, eviction proceedings will begin immediately. Residents will be charged attorney s fees for filing an eviction. If any payment paid by check fails to clear after the due date, it shall be considered late, and charged a late fee of $ In addition, Resident shall pay a non-sufficient funds fee (NSF) of $ Following an NSF check, Resident shall pay by money order or certified check for the next six months. If a second check during a Resident s tenancy is returned for NSF, Resident shall be required to pay by money order or certified check for the duration of tenancy. Resident will be billed for charges for any repair and maintenance of the dwelling unit not considered normal wear and tear. Resident will also be billed for non-emergency work after regular working hours, lock-out charges and for failure to prepare properly for a scheduled extermination appointment. All late fees, insufficient funds fees, and repair and maintenance charges shall be deemed hereinafter in the lease as part of the rent, and shall be due and payable by or before the next rent payment is due and payable. Resident shall at all times be liable for the following charges, if applicable: unpaid rent, unpaid utilities and utility disconnect fees, unreimbursed service charges, damages or repairs (beyond reasonable wear and tear), replacement cost of property that was in or attached to the rental property and is missing, replacing missing smoke detectors or smoke detector batteries, trips to open the rental property when Resident or any guest or occupant is missing a key, key duplicates, unreturned keys, missing or burned-out light bulbs, stickers, scratches, burns, stains, or unapproved holes, removing or rekeying unauthorized security devices or alarm systems, packing and removing property, removing illegally parked vehicles, special trips for trash removal caused by parked vehicles blocking dumpsters, government fees or fines against Landlord caused by Resident s violation of the lease or law, and costs associated with a valid eviction proceeding against a Resident, including attorney s fees, court costs, and filing fees actually paid, and other sums due. Security Deposit Resident agrees to pay $ security deposit. By optional and mutual agreement between Landlord and Resident, Resident agrees to pay the security deposit by or before the scheduled move-in date. Landlord will pay the interest rate set annually by the City of Boulder on the full deposit from the date the Resident paid the deposit to the date Landlord signs the check for the return of the full or partial deposit. The security deposit is held until the end or termination of tenancy to secure all promises Resident has made in this Lease. The security deposit shall be used by Landlord at the termination of this Lease for reimbursement of the cost of repairing any damage to the dwelling unit caused by Resident, household members, or guests; or for cleaning the dwelling unit, to the extent it was not left in a clean condition; or for payment of any rent owed by Resident, and any other monies due under this lease agreement. 4

5 The security deposit may not be used to pay rent or other charges while occupied. Within sixty (60) days after termination of the Lease or surrender and acceptance of the dwelling unit, whichever occurs last; Landlord shall provide Resident with a written statement listing the reasons for the retention of any portion of the deposit, accompanied by a payment to Resident of the difference between any sum deposited and any amount retained. Landlord may not deduct any portion of the security deposit to cover normal wear and tear. Normal wear and tear shall mean the deterioration that occurs, based upon the use for which the dwelling unit is intended, without negligence, carelessness, accident or abuse of the premises or contents by the Resident, household members, or guests. Any additional damage done by smoking or pets in the unit is not considered normal wear and tear, and additional maintenance charges will be assessed. If Resident owes the Landlord beyond the amount of the security deposit, Landlord will retain the right to collect all amounts due including interest and legal fees. Security deposit refunds will be made by one check jointly payable to all Residents signing this lease; the check with any deductions will be mailed to Resident s last known address. Utilities Landlord is responsible for paying the following utilities (as initialed by the Landlord): Gas heat Trash Water/Sewer Gas stove Electricity Resident shall pay for all other utilities, related deposits, connect and disconnect fees, and charges on utility bills delivered to the rental property or connected in Resident s name or during Resident s tenancy. Resident must not allow utilities to be disconnected. Landlord, at Landlord s option, may pay any past due utility bill on behalf of Resident and add the amount paid to the rental balance due by Resident under this lease. Landlord may utilize all remedies available against Resident for nonpayment of amounts due under this lease, including termination of the right of possession and the accruing of late fees on the amount advanced. Landlord does not guarantee that utility services will be uninterrupted during the term of this lease. Landlord may allocate shared utility charges between the various rental properties using a formula based on sub-metering, comparative square footage, or number of bedrooms at the choice of Landlord. Landlord shall be free to change the method of allocation during the term of this lease. Additionally, Landlord or a third-party billing service may charge a reasonable monthly fee for the cost of administering and billing any shared utility charges. Resident agrees that Landlord shall have access to all utility records related to the address on this lease. Income Information and Eligibility Eligibility requirements at the time the lease is executed are considered substantial obligations of residency. By signing this Lease, Resident certifies the accuracy of the statements made in the application and the certification form. Resident agrees that information regarding the family income, family composition, student status, and other eligibility requirements at the time the lease is executed shall be deemed a substantial and material obligation of residency. Resident agrees to immediately report to the Landlord any changes regarding family income, family composition, student status or other eligibility requirements. Resident will comply by the date specified by the Landlord with all requests for information with respect thereto during the term of the Lease. Resident s failure to provide accurate information either prior to entering into the Lease or at any time during the term of the Lease or as it may be extended pursuant to the Lease, shall be deemed a violation of a material and substantial obligation of residency and constitute cause for immediate termination of the Lease. 5

6 Refusal by Resident to comply with a request for information during the term of the Lease or as it may be extended, shall be deemed a violation of a material and substantial obligation of residency and constitute cause for immediate termination of the Lease. Resident agrees that the Lease may be terminated on thirty (30) days notice of any noncompliance by such Resident. Resident s Obligations and Right to Use Resident shall have the right to exclusive use and occupancy of the rental property, subject to the terms and conditions stated in this Lease. Resident agrees: a. Not to assign this Lease, or to sublet or transfer possession of the rental property; not to add any person to the household without Landlord s permission; and b. Not to use or permit the use of the rental property for any purpose other than a private dwelling for Resident and the household members specified in section 1 of this Lease. A person shall be considered to be occupying the rental property if the person reasonably appears to be using the rental property as a place to live. Indications of occupancy shall include, but not be limited to: coming and going to the rental property with the use of a key, providing any third party with the address of the rental property as that person s residential address, receiving mail at the rental property, keeping clothes or personal effects at the rental property, commonly being present in the rental property or common areas of the community, or commonly parking the person s vehicle for extended periods of time or overnight. A person may establish unauthorized occupancy of the rental property, and thereby create a violation of this lease, even if that person owns or leases other Residential property; and c. To be responsible for the conduct of guests and visitors, inside the unit as well as anywhere on or near Landlord s premises. Former residents who have been evicted are not permitted as overnight guests; and d. To live in and physically occupy the rental property, except for reasonable absences for vacations, hospitalizations, rehabilitation not to exceed 30 days, and to notify Landlord in writing whenever Resident knows that the rental property will be unoccupied for a period of 14 days or longer; and e. To respect the rights of other Residents and not to interfere with the lawful and proper use of the rental property of other Residents. Resident shall not permit noise at levels loud enough to be heard by Residents in adjacent properties and shall not become a nuisance or disturbance to the peaceful enjoyment of any other person; and f. To refrain from, and cause his or her household visitors and/or guests to refrain from: loud or obnoxious conduct; unreasonable odors; disturbing or threatening the rights, comfort, health, safety, or convenience of others in or near the community, including unreasonably hostile communications with Landlord, including unreasonably foul language; possessing selling, or manufacturing illegal drugs or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by Colorado Law; discharging a firearm in the community; displaying or possessing a gun, knife, or other weapon; acts prohibited by statute, ordinance or rules and regulations of any government entity or homeowner association; storing anything in mechanical closets; tampering with utilities; bringing hazardous material into the community; soliciting business or contributions; and 6

7 g. To refrain from using the rental property for other than Residential use, to include operating a business or childcare service; and h. To refrain from, and to cause his or her household visitors and/or guests to refrain from, destroying, defacing, damaging, or removing any part of the rental property or community common area. All visitors and/or guests of Residents, whether invited onto the premises or not, are subject to the terms of this lease and Resident shall be held responsible for their actions. Landlord may exclude guests or others who, in Landlord s sole judgment, have violated the lease contract or any addendum, or have been disturbing other Residents, neighbors, visitors or owner representatives; and i. To refrain from, and to cause his or her household visitors and/or guests to refrain from, illegal or other activity which impairs the physical or social environment of the neighborhood, or which interferes with the ability of any employee or agent of Landlord to perform his or her duties and responsibilities on Landlord s behalf; to refrain from engaging in and to cause any member of the household, guest, or any other person under Resident s control to refrain from engaging in any criminal activity or any alcohol abuse that threatens the health or safety or right to peaceful enjoyment of other Residents or of BHP employees; to refrain from any drug-related criminal activity whether on or off the BHP s housing facilities and grounds. Failure to comply with this section shall be deemed a serious violation of a material term of this lease and shall be cause for termination of tenancy and for eviction from unit; and j. To keep children under disciplined control within the boundaries of the property complex; and k. To dispose of all garbage and rubbish from the rental property (including the halls, patio and yards, if any) in a safe and sanitary manner; to permit no garbage or other waste material to accumulate within the rental property, to keep the rental property in a condition which is sanitary and free of health or safety hazards; and to dispose promptly of all garbage and rubbish which was deposited anywhere in any area by Resident, household members, or guests; and l. To use in a reasonable manner all the electrical, plumbing, sanitary, heating, ventilation, air conditioning, and other facilities; and m. To pay reasonable charges (other than normal wear and tear) for the repair of damage to the rental property, apartment buildings, facilities, or common area caused by Resident, household members or guests. Such charges shall be due and collectible on the first day of the month following the month in which the charge is incurred and are considered part of the rent. Resident shall be presumed to have caused all damage which occurs to the rental property. However, this presumption may be overcome by Resident presenting to Landlord convincing competent evidence to the contrary; and n. To prevent fire hazards. All barbecue grills must be placed at least ten feet away from any structure and on a concrete patio when in use. Charcoal grills and hibachis are not permitted. Propane grills are restricted to the type that uses the small 2.5 lb. bottles. Grills may not be used on balconies or where there is a balcony above the grill. Food cooking on stoves or burners should never be left unattended. Potting soil is highly flammable and should not be used to extinguish cigarettes. Burning candles are discouraged. If lit, they may not be left unattended; and 7

8 o. Not to alter the premises in any manner, including painting, without the advance, written consent of Landlord; a Request to Modify form is required for any changes to the unit; and p. Resident agrees to leave the rental property in a clean and good condition, reasonable wear and tear excepted, and to return all keys to Landlord when he or she vacates. Reasonable wear and tear is defined by the Colorado Revised Statutes as that deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his household, or their invitees or guests. Resident Safety and Property Loss Resident acknowledges the following regarding security: a. No Representations. Resident acknowledges that the Landlord has not made any representations, written or oral, concerning the safety of the community or the effectiveness or operability of any security devices or security measures. b. No Warranty or Guarantee. Resident acknowledges that the Landlord neither warrants nor guarantees the safety or security of Residents, occupants, or their guests and invitees. Persons are responsible for protecting their own person and property. c. No Reliance on Security Devices or Measures. Resident acknowledges that security devices or measures may fail or be thwarted by criminals or by electrical or mechanical malfunction. Therefore, Resident acknowledges that they should not rely on such devices or measures and should protect themselves and their property as if these devices or measures did not exist. Resident and all occupants and guests must exercise due care for their own and others safety and security, especially in the use of smoke detectors, dead bolt locks, window latches, and other security devices. Resident shall pay for and replace batteries in smoke detectors if removed by Resident. Resident will be liable to Landlord and others for any loss or damage from fire, smoke, or water if that condition is contributed to by Resident disconnecting or failing to replace smoke detector batteries, or by Resident not reporting malfunctions. Landlord shall not be liable to any Resident, guest or occupant for personal injury or damage or loss of personal property from fire, smoke, rain, flood, environmental problems, water leaks, hail, ice, snow, lightning, wind, explosions, and interruption of utilities, unless that injury or damage is caused by Landlord s negligence. Landlord shall have no duty to remove any ice, sleet, or snow, but may remove any amount without notice. Resident shall not leave appliances, other than furnaces or air conditioners running unattended. Resident shall be liable for damage to Landlord s and other s property if damage is caused by Resident negligence. Resident shall not treat any of Landlord s security measures as an express or implied warranty of security or as a guarantee against crime or reduced risk of crime. Landlord shall not be liable to Resident or any guest or occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. Landlord shall not be obliged to furnish security personnel, security lighting, security gates or fences, or other forms of security unless required by statute. If Resident or any guest or occupant is affected by a crime, Resident shall make a written report to the Landlord and to the appropriate local law-enforcement agency. 8

9 Pre-Occupancy and Pre-Termination Inspections a. Landlord and Resident shall inspect the rental property prior to commencement of occupancy by Resident. Landlord shall furnish Resident with a written statement of the condition of the rental property and the equipment provided with the unit. Landlord shall affirm that the unit is in decent, safe, and sanitary condition. Resident shall acknowledge that the premises contain no conditions constituting or posing a material danger or hazard to Resident s life, health or safety. This statement shall be signed by Landlord and Resident to acknowledge its accuracy. b. Landlord shall inspect at the time Resident vacates the unit and shall notify Resident if there is damage to be repaired and items to be cleaned. Resident may join in such inspection. Condition of the Rental Property and Alterations Resident accepts the Rental Property as is. Landlord disclaims all implied warranties. Resident shall promptly notify Landlord of defects or damage. Resident shall use customary diligence in maintaining the Rental Property and common areas. Unless approved by Landlord in writing, Resident shall not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter the rental property or the common areas. Resident shall not alter or remove any of Landlord s property. No changes or alterations, additions or damage may be made on the exterior of the building or the yard. Resident s alterations or improvements to the Rental Property (whether or not consented to by Landlord) become the Landlord s unless otherwise agreed in writing. Mold Landlord does not warrant or represent that the apartment shall be free from mold. Resident shall keep all areas of the premises thoroughly clean and dry. Resident shall inspect all areas to ascertain if there are any water leaks or signs of water damage. Resident shall ensure that water does not escape from shower or tub enclosures. Resident shall immediately clean and dry any area where water or liquids of any kind have accumulated or spilled. Resident shall keep all windows and doors closed during adverse weather or when the unit is unattended. Resident shall notify Landlord immediately, in writing, of any leaks, accumulations of water, or evidence of mold-like substances. Landlord shall, within a reasonable time, repair water leaks, and clean and mitigate visible mold provided such leaks and visible mold are not caused by the use, misuse, or neglect of Resident, or any Occupants, guest or invitees of Resident. Resident hereby indemnifies and holds Landlord harmless from any and all claims of consequential damages such as damages to Resident s personal property or claims of adverse health conditions associated with exposure to mold. Entry of Rental Property During Occupancy a. The Landlord shall, upon reasonable advance notification to the Resident, be permitted to enter the rental property during reasonable hours for the purpose of performing routine inspections and maintenance, for making improvements or repairs, or to show the rental property to lenders, auditors, inspectors, insurance agents, or prospective buyers or renters. A written statement specifying the purpose of entry, delivered to the dwelling unit at least 48 hours before such entry, shall be considered reasonable advance notice. The requirement of reasonable, advance notification shall be deemed to have been satisfied if Resident has given advance written or verbal permission to Landlord to enter at a particular time, or has requested work to be done within the rental property; 9

10 b. The Landlord may enter the rental property at any time without advance notification when there is reasonable cause to believe that an emergency exists or that the Resident is in violation of the Lease, including noise violations, disturbances, or health or safety hazards. c. In the event that Resident and all adult members of the household are absent from the rental property at the time of entry, the Landlord shall leave in the rental property a written statement specifying the date, time, and purpose of entry prior to leaving the rental property. d. Landlord shall permit entry by a law-enforcement officer with or without a search or arrest warrant. Pets No pets are allowed (even temporarily) anywhere in the rental property or community unless Landlord has authorized in writing. Visiting pets are not permitted. [Reference site specific pet policy, incorporated into the lease by reference.] Parking The availability of parking spaces will vary from site to site. The Resident is required to register with the Landlord the vehicle or vehicles that will be parked in his or her rental property s space(s). In all cases, no vehicle may be parked or stored on the grounds other than in parking areas designated by the Landlord or the City. Abandoned, inoperable or unregistered vehicles are not allowed to park on site. Please refer to the Parking Policy in the Resident Handbook for further details. Disclosure of Information Landlord may disclose the identities and addresses of Resident(s) and all occupants to any requesting law enforcement or other governmental agency, including the U.S. Census Bureau. Landlord shall not be obligated to disclose any information to any other third party. At Landlord s option, Landlord may disclose information regarding rental history if requested or authorized by Resident in writing. Reimbursement for Repairs Resident shall promptly reimburse Landlord for all loss, damage, or cost of repairs or service in the Rental Property or to the exterior of the Rental Property or to the community caused by Resident, guest, or occupant. Legal Notices Any notice required herein will be sufficient if delivered in writing to Resident personally, or to a member of Resident s family 18 years of age or older residing in the rental property, if posted to Resident at rental property or if sent by first class mail, properly addressed to Resident, postage prepaid. Notice to Landlord must be in writing and either delivered to the site management office or mailed by first class mail, properly addressed, postage prepaid to Boulder Housing Partners, 4800 Broadway, Boulder, Colorado,

11 Termination of Lease a. The Landlord may terminate this Lease for violations of its terms. Grounds for termination under this section shall include, but not be limited to, the following: failure to pay rent or any lawful charge ; repeated failure to pay rent or any lawful charge in a timely manner; failure to furnish information to Landlord for purposes of rent or rental property re-determinations; misrepresentations of facts upon which rent or dwelling size is based; failure to meet or attend re-certification meetings, after a prior, written request, with Landlord concerning re-determinations of rent or rental property size; failure to fulfill any of Resident s obligations set forth in section 8 above, or a felony arrest without regard to subsequent legal proceedings. Landlord must give the appropriate notice provided for in the Colorado Revised Statues, which in some cases is as little as 3 days notice. b. If the premises are abandoned or if Resident is evicted, Resident shall continue to be liable for rent and be bound by the other provisions of this lease, even though the Landlord has chosen to seek eviction because of breach of the lease agreement. Resident shall remain liable for any loss of rent for the remainder of the lease term. Resident agrees that if Resident abandons or surrenders the property and leaves behind personal property, Landlord may remove and dispose of abandoned personal property as allowed under Colorado Revised Statute. Resident shall indemnify and hold harmless Landlord against any claim or cost for any damages or expense with regard to the removal and/or disposal of the property. c. If Resident requests to terminate prior to end of the term of this Lease, the Breaklease Policy and resulting administrative fee will be followed and charged (refer to Resident Handbook and attached Addendum). d. If Resident wishes to vacate at the end of the term of this Lease, Resident shall give Landlord notice, in writing, at least 30 days prior to the expiration of the term of this lease. If Resident does not completely vacate the premises or fails to return keys as indicated in the 30-day Notice of Move Out, a hold-over fee of $ will be assessed, in addition to the rent due for continued occupancy. e. Resident hereby agrees to pay damages, attorney fees, and costs of suit in the event the Landlord is the prevailing party in any action brought under the provisions of the lease when the Landlord is the prevailing party. f. Resident shall thoroughly clean the rental property, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, and storage rooms at the time of move-out. Resident shall follow Landlord s move-out cleaning instructions. Resident and BHP Maintenance may meet for a move-out inspection. Any statements or estimates by Maintenance are subject to correction or modification before final accounting. Non-Waiver If the Landlord should, for any reasons, fail to ask a court of competent jurisdiction to take action against the Resident for violating any provision of the Lease, such action or non-action on the part of the Landlord shall not be considered a waiver of any right to take legal action in the future with respect to that violation, if it is repeated, or with respect to any subsequent violation of that provision or other provisions. 11

12 If the Landlord raises or lowers the rent for, or changes the size of, the rental property as required by the provisions of this Lease Agreement, such change shall not in any manner keep the Landlord from taking any and all allowable action against the Resident for breach of any provision of the Lease Agreement. Also, if the Resident and the Landlord change the Lease in writing, such change shall not in any manner keep the Landlord from taking any and all allowable action against the Resident for breach of any provision of the Lease Agreement. Insurance/Liability Resident is required to carry renter s insurance. Landlord will carry casualty and/or liability insurance covering the premises. Landlord s insurance does not cover Resident s personal property (including Resident s automobile) in the event of loss or damage by casualty such as fire, flood, windstorm, burst pipes, theft, vandalism, or similar cause; nor does it insure Resident against liability for injury to persons or damage to property caused by Resident, members of Resident s household, or guests. Resident shall fully indemnify and hold Landlord harmless for any liability for such loss. Resident must carry renter s insurance to cover such losses. Subordination This Lease shall be subordinate to all existing and future mortgages and deeds of trust upon the property. Severability The unenforceability of any provision of this Lease shall not affect the enforceability of any other provision or provisions. Attorney s Fees In the event of any legal action concerning this lease that results in a judgment, the losing party shall pay to the prevailing party reasonable attorney s fees and court costs to be fixed by the court. Amendment to Lease This Lease, along with any attached addenda and the Resident Handbook, contains the entire agreement of the parties. Addenda Addenda added to this lease are hereby made a part of the lease and any violation of it shall subject the Resident to be in violation of said lease and subject to eviction. Addenda include: Break Lease Policy City of Boulder Addendum Smoke Free Housing Addendum Pet Policy Home Owner Association Rules and Regulations Resident Handbook (including Community Policies) 12

13 A violation of any terms, conditions, rules or regulations outlined in any of these documents shall constitute a material violation of the lease and may result in legal termination of the lease contract. This lease and the attached documents are subject to change from time to time with 30 days written notice. All other covenants of the original Lease shall remain in effect and are not waived in any way by this revised Lease. Signatures In witness whereof, the parties have executed this Lease Agreement this day of,, at Boulder, Colorado. Resident Date Landlord Resident Date Date Resident Date 13

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15 Break Lease Agreement Residents wishing to leave a Boulder Housing Partners unit before completing the term of their most recent lease or lease addendum must notify the BHP office IN WRITING and indicate the following in their written notice: 1. That they wish to break their lease or lease addendum. 2. The exact date on which they will be vacating the unit. 3. That showing privileges are granted to BHP as of a specified date. All adults listed on the lease must sign and date the notice. An Administrative Fee of $85.00 will be charged. In Addition a. If written notice, as outlined above, is received 30 days or more before the intended date to vacate the unit, BHP will charge up to 30 days rent from the date of intended vacancy for time spent re-renting the unit. If resident gives BHP 30 days or more written notice of intention to move, with an exact move-out date, BHP will be better able to find a new resident in a timely fashion, thus reducing resident financial liability. Resident is responsible for all rent, including maintenance turnaround time, until the first day of the next resident s occupancy, not to exceed 30 days. Rent must be paid in full for the month during which the tenant wishes to leave. Any balance owed to the tenant will be refunded with the Security Deposit. OR b. If written notice is received less than 30 days before the tenant plans to vacate, BHP will charge up to 30 days rent from the date of intended vacancy PLUS advertising costs associated with re-renting the unit. OR c. If no written notice is received and the unit is vacated, BHP will charge the resident for all vacant days PLUS advertising costs associated with re-renting the unit. All standard move-out maintenance charges and procedures that relate to vacating a unit would apply. Signatures Resident Date Landlord Resident Date Date Resident Date 15

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17 Rental Unit Disclosures Addendum Every person who rents a dwelling unit within the City Limits of Boulder, Colorado must be provided with this information in accordance with the provisions of the Boulder Revised Code, Section (Ordinance 7158). This information is as follows: Occupancy Limits a. No more than three (3) unrelated persons may occupy the dwelling unit you will be renting at the address of: b. Under the current lease or rental agreement, the only people permitted to occupy the dwelling unit are: Resident Resident c. City of Boulder laws permit a renter to have a temporary houseguest. However, if any guest becomes a resident of the apartment or dwelling unit, and if this produces a violation of the legal occupancy limit, a criminal prosecution can result. d. Violations of the occupancy laws of the City of Boulder can result in criminal prosecutions and fines of up to $2,000 for each day in violation. Interest on Security Deposits Interest on security deposits will be paid at the yearly rate specified by the City of Boulder. Noise Ordinances The City of Boulder has several ordinances that regulate noise. Violations of any of these ordinances can result in criminal prosecution and a maximum fine of up to $1,000 and 90 days in jail. a. Disruption of Quiet Enjoyment of the Home, Section 5-3-8, B.R.C This focuses on individuals who engage in loud behavior that disrupts a neighbor who is in his or her own home. b. Unreasonable Noise, Section 5-6-1, B.R.C This is a provision that can be used when officers, standing more than 100 feet away from a noise source, hear amplified music in a residential zone after 11:00 p.m. c. Excessive Sound Levels, Section 5-6-2, B.R.C This is based upon measuring sound levels with meters. Noise must not exceed 50 decibels between 11:00 p.m. and 7:00 a.m. in a residential zone. Late at night, the ambient or background noise level in most neighborhoods is approximately 35 decibels. A sound 15 decibels greater than background noise (50dBA), such as a loud stereo, will wake the average person from a deep sleep. 17

18 Fireworks Ordinances Section 5-6-6, B.R.C Except for police, military and certain other personnel described in Boulder s code, it is illegal for anyone to possess fireworks in any public or private place or to explode fireworks anywhere within the City without first having obtained a permit. Nuisance Party Ordinance A nuisance party is a gathering at which one of a number of violations of Boulder s Code provisions occur. These include the unlawful consumption of alcohol, the unlawful provision of alcohol to minors, property damage, obstruction of traffic, or the generation of excessive noise. A nuisance party is also any party at which an open keg of beer is located in the front yard setback, on the front porch, or in an unscreened side yard of a property. Any person convicted of holding a nuisance party can be criminally prosecuted and sentenced to a fine of up to $1,000 and 90 days in jail. Trash Ordinance Trash Contract Required, Subsection 6-3-3(b), B.R.C Every rental property is required to maintain a valid contract with a commercial trash hauler providing for the removal of accumulated trash on at least a weekly basis; this trash contract is the responsibility of the Landlord, unless otherwise specified in the lease. No overflowing trash receptacles are allowed; recycling bins/carts can be put out no more than 12 hours prior to pick up and empty receptacles must be brought in within 12 hours of pick-up. Violation of these ordinances can be subject to $250 fine plus required Municipal Court appearance. Weed and Snow Removal Ordinance Growth or Accumulation of Weeds Prohibited, Section 6-2-3, B.R.C It is a violation to allow weeds to grow to a height greater than twelve inches. Duty to Keep Sidewalks Clear of Snow, Section , B.R.C Occupants of residential units, along with property managers, are responsible to keep public sidewalks and walkways abutting their residential premises clear of snow. Snow removal of common area sidewalks and walkways is the responsibility of the Landlord. Snow removal of sidewalks leading from rental unit entrances to common area sidewalks and walkways is the responsibility of the residents. Parking on (or Blocking) Sidewalk Parking on a Sidewalk Prohibited, Paragraph (a)(1), B.R.C No vehicle may be stopped or parked on or within a sidewalk. This prohibits parking in a driveway in a way that blocks the sidewalk. 18

19 Agreement and Signatures The undersigned Resident(s) acknowledge that any violation of any federal, state or local regulation, law or ordinance, including, but not limited to those referenced in this Addendum, by persons at the leased premises can expose the Landlord to substantial penalty and loss and substantially endanger the property of the Landlord. Consequently, all Residents hereby acknowledge that any violation of any federal, state or local regulation, law or ordinance by any persons at the premises shall constitute a Substantial Violation of the terms of the lease, as defined by C.R.S and entitles the Landlord to possession of the premises, following a three-day Notice to Quit. All residents shall abide by all federal, state or local regulation, law or ordinance, including, but not limited to those referenced in this Addendum, and shall cause any other person at the premises to do the same. Each Resident hereby indemnifies and shall hold the Landlord harmless from any and all liability, fines, penalties, losses, and damages associated with any violation of any regulation, law, or ordinance by any Resident or other person at the property, during the term of lease. Resident also hereby indemnifies and shall hold the Landlord harmless from any and all liability, fines, penalties, losses, and damages associated with any claimed violation of any regulation, law, or ordinance by the Landlord, during the term of lease, if such violation is in any way related to the behavior, residency, or presence of any person at the premises, other than the Landlord, including, but not limited to, claims that the Landlord failed to reasonably supervise, screen or remove any Resident or other person at the premises. This obligation to indemnify and hold harmless shall be joint and several between all Residents, shall inure to the benefit of any successor in interest or assignee of the Landlord, and shall include any cost and attorney fees of Landlord in defending such claims or enforcing this Addendum. I (we) have read and understand these disclosures and potential consequences including that if I (we) violate these city regulations my (our) residency can be terminated and I (we) can be subject to eviction and the landlord may take legal action against me. This Addendum is to be signed by all Residents, other than minor children living with a supervising parent or other custodian. Resident Resident Resident Date Date Date 19

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21 No Smoking Addendum This lease addendum entered into on day,, by and between Boulder Housing Partners (BHP) and ( Resident ) ( Premises ). Resident hereby agrees that Resident, all household members, and guests shall abide by the following: a. Designation as a Smoke-Free Apartment Community. Landlord hereby designates all apartments, buildings, common areas, and any other structures within the apartment community as a smoke-free living environment. b. Definition of smoking. For purposes of this addendum, the term smoking means inhaling, exhaling, using, carrying, or disposing of any lighted cigar, cigarette, pipe, or any other tobacco or similar lighted product in any manner or in any form. c. Agreement to maintain smoke-free apartment. Resident agrees and acknowledges that the Apartment to be occupied by Resident and members of Resident s household is located in an apartment community that has been designated as a smoke-free living environment. Resident, members of Resident s household, and Resident s guests and visitors are prohibited from smoking anywhere in the Apartment, on the Apartment s patio or balcony, or within 25 feet of the Apartment or the building containing the Apartment. d. Resident s responsibilities under policy. Resident shall inform all members of Resident s household and Resident s guests and visitors of the No Smoking Policy. Resident shall be responsible for any violation of the No Smoking Policy, regardless of whether it was Resident, a member of Resident s household, or Resident s guest or visitor that violated the No Smoking Policy. Further, Resident shall promptly notify BHP of any violations of the No Smoking Policy that Resident observes. e. No guarantee of smoke-free environment. Resident acknowledges that BHP s designation of the apartment community as a smoke-free living environment does not guarantee a smoke-free environment in the Apartment and in the building containing the Apartment. BHP does not represent or warrant the behavior of any third-parties, including other residents and occupants of the apartment community. BHP specifically disclaims any implied or express warranties that the air quality in the Apartment or the building containing the Apartment will improve or be any better than any other rental property. Resident acknowledges that BHP s ability to police, monitor, or enforce the No Smoking Policy is dependent in significant part on voluntary compliance by Resident, members of Resident s household, and Resident s guests and visitors. f. Material breach of lease addendum. A material breach of the Lease Addendum shall be considered a material breach of the Lease and grounds for immediate termination of the Lease by the Landlord. Resident shall be responsible for all damages and costs associated with the termination of the Lease. g. Addendum is incorporated into lease. This Lease Addendum is incorporated into the Lease. In case of conflict between the provisions of the Lease Addendum and any other provisions of the Lease, the provisions of the Lease Addendum shall govern. Should any provision of the Addendum be declared invalid by any Court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect regardless of such declaration. Resident Resident Date Date Landlord Date 21

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23 Pet Policy are allowed in accordance with the following guidelines Purpose The purpose of this Policy and Lease Addendum (hereafter Policy ) is to ensure uniformity in application of Boulder Housing Partners pet and companion animal policy, and to ensure the welfare of all residents and the safety and sanitation of BHP properties. This Policy does not cover Service Animals for the disabled. a. Service Animals are not pets, but are defined by Federal Law under Section 504 of the Rehabilitation Act as auxiliary aids. A service animal is a specially trained animal utilized by individuals with physical disabilities and those with vision and hearing impairments. b. Companion Animals do not have specific training but assist an individual in coping with a disability, such as providing emotional support. c. Pets are any animals, birds, fish, or reptiles which are not Service or Companion Animals under this Policy. No exotic pets, reptiles, or spiders are allowed without written permission from management. Rabbits or ferrets are not allowed. This Policy applies to Pets. Size Pets shall weigh no more than 20 pounds at the time of maturity. No weight restriction Number Limitations No more than one animal is permitted in a unit. (With the express permission of BHP, residents at certain BHP properties may be allowed to keep more than one animal.) A maximum of 2 birds kept exclusively in a cage is acceptable. Aquarium tanks must be 10 gallons or less. Birds and fish are considered one pet; no other animal will be permitted. Registration All animals must be approved by and registered with BHP. Within ten (10) days of getting an animal, a resident must submit the following documentation: a. Completed application, including emergency contact. b. A copy of the animal s license or certification. c. Completed veterinarian s statement. d. Proof of spaying or neutering. e. Payment of deposit. 23

24 Pet Fee A non-refundable pet fee of $ will be collected from the resident at time of application. (Due to HUD regulations, at Canyon Pointe, Glen Willow and North Haven it is a $ security deposit.) At the time of move-out, any damages to the unit, building, grounds, floors, walls, trim, finish, tiles, carpeting, etc. caused by the pet will be the full responsibility of the resident and collected from the security deposit. If the security deposit is not adequate to cover the cost of the damages caused by the pet, the excess amount will be charged to the resident. An itemized list of charges due will be sent within 60 days of the resident s move-out date provided the resident has given proper written notice to BHP. Vicious Animals Prohibited Any animal that behaves in a vicious or threatening way or is otherwise dangerous to other tenants and/or BHP employees will be subject to removal under Section It is the Resident s responsibility to insure that their animal behaves in a safe and non-threatening manner at all times. Vicious Animals Prohibited All pets must be current in their vaccinations and inoculations. A veterinarian s statement to this effect must be submitted at the time of the resident s annual recertification. All animals are required to be spayed or neutered. City Ordinances Pet owners must comply with all city ordinances, including, but not limited to: Licensed required Rabies Inoculation required Dog tags required Improper Care of Animals Prohibited Dogs Running at Large Prohibited Removal of Animal Excrement Required Barking, Howling, or Other Unreasonable Animal Noise Prohibited Aggressive Animals Prohibited Animals as Nuisance Prohibited Nuisance Cat Prohibited Public Access Pets are not allowed in public lobbies, community rooms, TV lounges, laundry rooms, SRO units, or other public gathering places, except when accompanied by the resident and then only as necessary for access to and from the resident s dwelling unit. Pets may not be tied up outside and left unattended. Pets must be on a leash outside of the dwelling unit. 24