1.1 PARTIES
__________________, (tenant) being all the allowed Occupants of the Premises eighteen years of age and older (hereinafter collectively referred to as “Resident”); and being all the allowed Occupants of the Premises under the age of eighteen; and the herein named rental unit owner Country Corner (hereinafter referred to as “Owner”). Resident represents and warrants that it has legal custody and is legally responsible for all minors.

1.2 PREMISES

THIS AGREEMENT, entered into the date first written below is between the parties listed herein for the Premises located as follows:

123 Street New Plymouth Idaho 00000 located in Payette  County, State of Idaho (herein referred to as the “Premises”) is for the use as a private residence only, according to the terms set forth herein. No other occupants shall reside in the Premises except as listed above. Occupancy by guests remaining over three consecutive days or more than 5 days in ay calendar quarter will be considered to be in violation of this provision unless prior written consent is given by Owner. Owner may restrict  any guest for any or no reason.

1.3 RENTS AND FEES

Monthly Rent: $0.00

Amenity Fee: $125.00

Property Tax: $10.00

Total: $0.00

Prorated rent due at move-in:

Rent (Prorated) $0.00

Amenity Fee (Prorated) $0.00

Property Tax (Prorated) $0.00

Total:  $0.00

Security Deposit: $0.00

Total: $0.00

Late Fee $100.00 due if the full payment is not received before 5:00 PM within the first 3 days of the month. 

Lease Initiation Fee: $200.00

Service of Notice Fee: $25.00

Eviction Turnover Fee: $50.00

Month-to-Month Fee: $150.00

Re-Inspection Fee: $50.00

Transfer Fee: $150.00

Move-In Date 00/00/0000

Commencement Date: 00/00/0000

Initial Term End Date: 00/00/0000

1.4 TERM

The initial term shall commence on Commencement Date and will end on the Initial Term End Date. Occupancy will start on the commencement date unless the premises are not ready for occupancy. Owner shall not be liable for any damages in the event the premises are not available for occupancy on the commencement date. This Agreement will automatically renew on a month-to-month basis unless written notice of termination is given by either party at least thirty (30) days before the initial term ends. The above month-to-month fee shall be added to the Monthly Rent in the event Resident remains in the Premises after the expiration of the Term, no notice is necessary. Additionally, Owner may increase the rent on a month-to-month tenancy upon thirty (30) days written notice. In the event this Agreement extends beyond the term above on a month-to-month tenancy, such tenancy shall then terminate only on the last day of a month. The Lease Initiation Fee above shall be paid upon execution of this Agreement and shall be deemed consideration for the institution of this Agreement and is not a deposit. The Pro-rata rent charged is a stated amount and is not related to the Monthly Rent. Owner shall be entitled to the Eviction Turnover Fee for the work processing the paperwork to the attorney for an eviction after failure of the Resident to comply with any eviction notice. Resident shall pay this fee once the work is done regardless of whether the eviction is filed.

1.5 SECURITY DEPOSIT

Resident agrees that security deposit above shall be payable on/or before signing of this Agreement. Any sums due or owing by Resident to Owner may at any time be deducted from said deposit; deductions shall be used to pay non rent items first. Resident agrees to promptly reimburse the security deposit within five (5) days after notice is given and Resident may not apply any portion of the security deposit to any month’s rent. Resident’s security deposit will be refunded in full, if all of the conditions of this Agreement are fulfilled, including:

The full Agreement term has expired or the Agreement has been terminated without default of Resident and Resident has not “held over.” “Held over” means the Resident is still in possession of the Premises after either party has given the other notice of termination.

Resident has provided a written notice of intent to vacate as required by this agreement to Owner prior to the Initial Term End Date and/or the notice required by this agreement if on a month to month prior to the last day of the month intends upon vacating. This provision does not allow Resident to terminate the lease prior to the expiration of the initial term but does require the appropriate and timely notice of the intent to vacate at all times.

Resident has no other monies due pursuant to any term or condition of this Agreement or any other amounts due to Owner from any other agreement, arrangement, addendum, or other indebtedness.

Resident has thoroughly cleaned the Premises, appliances, and fixtures. Resident acknowledges that there are specific charges that Owner may charge for cleaning and damages. Those charges are agreed to by Resident and Resident does affirmatively agree to have Owner’s agents inspect the premises prior to move-out. The Owner will be entitled to and may deduct from the security deposit monies due pursuant to the Owner’s cleaning charge list and all other reasonable charges to accomplish cleaning or repair from damage to allow the premises to be re-rented.

All individuals using or occupying the Premises have surrendered the Premises to Owner, and all keys to the mailbox, storage rooms, Premises, and all other keys and passes related to the Premises are turned in to the Owner.

Within thirty (30) days following the later of Resident’s surrender of said Premises to Owner or Resident providing a forwarding address, Owner will forward the balance of the security deposit less all deductions with an itemized statement of any deductions made.

It is the Resident’s obligation to provide Owner with all required notices in writing prior to move-out and arrange for an inspection of the Premises by Owner using the Move-In and Move-Out Inventory and Condition Form. Resident agrees to the charges as stated and as may be amended on the Move-out Form. In the event there are charges in excess of the security deposit, Resident agrees to pay such amount upon demand.

This Agreement may not be cancelled once executed by Resident without the express written consent of the Owner. 

1.6 MOVE-OUT NOTICE

In a month-to-month tenancy or end of lease term termination, at least thirty (30) days written notice of intent to vacate must be given to Owner’s representative by Resident prior to move-out. In the event of a month-to-month extension, the Agreement term shall extend to, and the rent shall be paid through the last day of the calendar month; in other words, the last month’s rent must be a full month without any prorating (unless otherwise agreed to in writing by Owner). This lease may only terminate on the last day of a month unless otherwise provided by law, stated herein, or by written agreement with Owner. Owner is only obligated to give a thirty (30) day notice during the lease term and a fifteen (15) day notice on a month to month tenancy.

1.7 SUBORDINATION

This Agreement as executed is subordinate to the mortgage or mortgages financing the Premises, which are of record or may become of record during the term of this residential rental Agreement and subject to the provisions of any regulatory agreement with any Housing Authority and others that burden such property. Resident agrees to be the tenant of a new landlord or owner of the Premises upon such new owner’s acquisition of the Premises and agrees that foreclosure by a mortgagee shall not void this Agreement.

1.8 CREDIT CHECKS

Resident agrees that Owner may conduct background, criminal history, and credit checks at any time after application, during the term of this Agreement or thereafter so long as Resident has an outstanding balance due to Owner. Resident grants consent to Owner and its agents to disclose information about Resident so long as Resident has an obligation under this agreement.

1.9 GOVERNMENT

In the event the premises are condemned or access is restricted as a result of any type of governmental action or damage to the premises, Owner shall not be liable for any damages to Resident including alternate housing, damage to personal property, replacement of personal property, and/or any other consequential damage. Such action may include any action by any governmental agency or entity including but not limited to health departments, division of environmental quality, fire departments, police, zoning departments, etc. If the action is taken, tenant shall be relieved of rental obligations effective the date that access is restricted or prevented unless the cause of such governmental action relates to actions of Resident, its guests, or occupants. In the event this agreement is terminated pursuant to this provision, Resident shall be responsible to take all steps necessary to have its contents immediately removed at Resident’s expense.

1.10 NOTICES TO OWNER

In the event Resident determines to utilize the provisions of the Utah Fit Premises Act, notice as required by that Act shall be delivered in writing to Owner at the address below. If there is an on-site management office, notices may be delivered at such office during normal business hours. Provisions of the Utah Fit Premises Act may be found in Utah Code 57-22 or at http://le.utah.gov

1.11 NOTICES TO RESIDENT

Resident agrees that any and all notices required by this agreement of by law may be served by emailing the notice to Resident at the email address provided below. Resident is obligated to maintain a proper email address for delivery of any notices. Resident may change that email only be delivering a written notification to Owner served in the same manner as required by the Fit Premises Act. All Residents acknowledge that notice to this email address shall be effective for all Residents.

1.25

RELEASE OF RESIDENT

Resident will not be released on grounds of voluntary or involuntary school withdrawal or transfer, voluntary or involuntary business transfer, loss of employment, marriage, divorce, loss of co-residents, bad health, problems with other tenants, or any other reasons, unless otherwise provided in this Agreement or mandated by law. Upon vacating prior to the expiration of the term, this Agreement shall remain enforced in full, with all monies and future rent (later of through the end of the initial term or required notice period) immediately due and payable. In the event Resident files a bankruptcy and fails to accept this lease through the bankruptcy and remains in the premises, this Agreement shall be deemed to be a tenancy at will with rent payable daily and calculated at the current monthly rate divided by 30, all other obligations shall remain in effect.

2.1 RULES AND REGULATIONS

Resident, its guests and other occupants shall comply with all written rules and regulations which shall be considered part of this lease. Such rules and regulations shall be available from Owner and Resident acknowledges receipt of such Rules and Regulations. Owner may make reasonable rule changes if made in writing and notice is given to all Residents. Resident agrees that the conduct of Resident, his guests or other occupants shall not be disorderly, boisterous or unlawful and shall not disturb the rights, comforts, or convenience of other persons. Resident shall be liable to Owner for any damages to the premises regardless of who caused the damage unless specifically caused by Owner or Owner’s actions or inactions as described herein. Sidewalks, steps, entrance halls, walkways and stairs shall not be obstructed or used for any purpose other than ingress or egress. The Premises are to be used only as a residence and may not be used for any business. The Premises and other areas which are reserved for Resident’s private use shall be kept clean and sanitary by Resident. Garbage shall be disposed of only in appropriate receptacles. Swimming pools, storage rooms, laundry rooms and other facilities, amenities, and common areas are available to Resident as a privilege and not a right granted under this Agreement, and is to be used wholly at the user’s risk. Any person including Resident may be restricted from usage at Owner’s sole discretion. All written rules may be enforced through Owner’s representatives or agents and Resident shall hold same harmless for reasonable enforcement. Owner may regulate the manner, time and place of all parking. Owner may regulate, limit, or prohibit from the premises and the areas owned by Owner the following: swimming pools, motorcycles, trampolines, commercial equipment, nonresidential materials, weight or workout equipment, bicycles, tricycles, skateboards, recreational vehicles, boats, trailers, inoperable vehicles, guest vehicles, guests who have lived or stayed in Resident’s Premises, former tenants, and guests who, in the Owner’s reasonable judgment, have been disturbing the peace or disturbing other residents, may cause a threat to other tenants or who have or may be violating rules and regulations. Resident acknowledges the review of such rules and regulations and agrees to be bound by them. Such rules and regulations may be changed or modified at any time with thirty (30) days’ notice to Resident. Resident agrees that all firearms are restricted from all the common areas, amenities and other areas controlled by Owner.

2.2 PREMISES CONDITION

Resident has the right to inspect the Premises prior to signing this Agreement and Resident agrees that it has been given the opportunity to conduct whatever inspection of the Premises is needed prior to signing this lease. Resident acknowledges that the Premises have been inspected, are satisfactory in condition, and all existing damages have been acknowledged in writing by Owner. Resident by taking possession of the Premises evidences the fact that the Premises (including appliances, furnishings, and fixtures) are in clean, safe, sanitary, and in good-working condition and that any exception has been or will be delivered to Owner in writing within 48 hours of taking of possession of the Premises. Owner makes no warranty of any kind, expressed or implied, and relies upon the fact that Resident has inspected the Premises. Resident agrees to maintain the Premises, appliances, furnishings, and fixtures in good condition throughout the term of this Agreement (excepting normal wear and tear). Resident will return the Premises to the Owner in the same condition as when Resident moved in (subject to normal wear and tear). Resident agrees to make no alteration or repair to the Premises (including painting, wallpapering, stickers, new locks, etc.) without first obtaining the prior written consent of the Owner, which permission may be withheld for any or no reason.

2.3 REPAIRS

Resident agrees to request all repairs and services in writing from Owner’s designated representative. Owner shall have the right to temporarily turn off equipment and interrupt utilities to avoid damage to property or to perform repairs or maintenance which require such interruption. In case of malfunctions of equipment or utility damage by fire, water, or other cause, Resident shall notify Owner’s representatives immediately. Owner shall act with due diligence in making repairs; the lease shall continue, and rent shall not abate during such periods. Resident may not hire or allow any third party to perform work on the premises without Owner’s prior written approval (or as allowed by law). Resident is responsible for, and will reimburse Owner for, any damages or loss caused to the premises while Resident is entitled to possession of the premises. This includes, but is not limited to, damages caused by the negligence, carelessness, abuse or intentional misconduct of Resident, Resident’s family, occupants, pets, guests or others. Resident shall indemnify Owner from any liability to any third party. Owner may assess costs for such damages when they occur. The intent is to require the premises to be maintained in substantially the same condition as when Resident took occupancy. If the damage to the Premises, regardless of how caused, is substantial in the reasonable judgment of Owner, Owner may terminate this lease by giving written notice to Resident. Such termination due to damage may occur immediately if the premises are uninhabitable. The costs of repairs, restorations and replacements shall be paid for by the Owner if rendered necessary by normal wear and tear but shall only be required during the tenancy if a habitability issue. Otherwise, if such repairs, alterations or replacements are rendered necessary by the negligence, carelessness, accident or abuse of Resident and/or Resident’s guests or other third parties, then all such costs shall be paid by Resident. Resident agrees to reimburse Owner for all such costs within five (5) days of notice. Such reimbursement shall be a priority payment over all other obligations of Resident to Owner. Owner may periodically deduct such costs from Resident’s security deposit and Resident agrees to promptly reimburse security deposit to its original amount. It is agreed that Owner carries insurance for its own protection and that Resident is not a beneficiary of such insurance. None of Resident’s rent is considered to pay for Owner’s insurance. Resident shall be responsible to Owner for all costs of repair for damages as stated herein regardless of Owner’s insurance. In the event Resident has complied with the Utah Fit Premises Act and is allowed to make repairs, Resident agrees that it will first obtain three independent estimates, utilize the lowest estimate, and only use licensed and insured contractors to perform the repairs.  Resident agrees to pay a reasonable Property Inspection Fee for an inspection of the property which may occur at the option of Owner, sometime approximately half way through the lease term and may occur again prior to the expiration of the lease. If during the inspection, items are determined to be in violation of the lease and require mitigation by the Resident, Owner may require additional inspections to verify compliance. Resident shall be obligated to pay a Property Inspection Fee for each such subsequent inspection to verify compliance. Imposition of the fee shall be at the option of Owner. Resident shall be responsible for any damages as determined by Owner at any inspection as provided in this agreement, the addendums thereto and the rules and regulations. Payment must be made as provided in this agreement.

2.4 RIGHT OF ENTRY

Unless otherwise restricted by law, Owner may enter the premises during reasonable hours with or without notice in order to inspect, make repairs, provide general or preventive maintenance, replace filters, leave any notices, and/or any other reasonable business purposes while Resident is present in the Premises. If resident is not present at the Premises, then owner will have the same right to make such entries by duplicate or master key. If, in Owner’s opinion, there exists an emergency or a violation of this Agreement exists, Owner may enter without notice at any time for any inspection, repair, or to determine the condition or occupancy of the premises. It is the intent of the parties hereto that this provision grant to Owner immediate access if Resident is in default of any term of this Agreement, immediate access if in Owner’s sole opinion giving notice could change an investigation, and that this provision be interpreted with the existing law to grant as broad and timely access as possible and permissible. Any request for maintenance or repairs shall be deemed to give Owner authority to enter the premises without requiring notice or further permission. Owner may secure the premises at any time Owner deems, in its sole discretion, that the security of the premises may have been compromised, including but not limited to death of a Resident, incarceration or hospitalization of a Resident, usage of the premises by non-residents, and protection of Owner’s assets or security.

2.5 CONTAMINATION

Resident agrees to defend, indemnify and hold harmless Owner against any and all claims, actions, causes of action, demands, liabilities, losses, damages, and expenses of any kind, including but not limited to, attorney’s fees and court costs, that may be made as against Owner (its officers, directors, employees, agents, managers, and affiliates) as a result of or arising out of the growth or proliferation of mold or mildew or other contaminations in the premises. It is further agreed that such indemnification shall extend to the existence of any contamination of any type from any person or cause that is unknown to Owner. 

Resident further agrees that it will not cause, hire, or conduct any inspection or testing to be done in the premises for any type of contamination or pests but may request that Owner conduct such testing provided Resident prepays the costs of such testing. Owner shall have the right to retain the third party certified testing of its choice. 

The results of such testing shall be the property of Owner who shall only be obligated to disclose positive results exceeding the legal limits. Resident further agrees that Owner shall not be liable for any damages caused to Resident, Resident’s guests, occupants, or any property within the premises resulting from mold, mildew or any other contamination. Resident shall indemnify Owner from any liability relating to mold, mildew, or any other contamination resulting in damages to any person or property within Resident’s premises regardless of the source. Resident agrees to immediately notify Owner of the existence of any mold, mildew, or other contamination within the premises. Failure by Resident to diligently inspect and notify Owner of mold or contamination issues will result in Resident being liable for the damages to the premises caused by the mold or contamination.

2.6 MILITARY CLAUSE

In the event Resident is or becomes a member of the Armed Forces on extended active duty and receives change of station orders to permanently depart the local area, then resident may terminate this Agreement by giving thirty (30) days written notice as provided herein and by the Act. Resident may also utilize the Service members’ Civil Relief Act (SCRA) to otherwise terminate the lease as provided by such Act. As required by the Act, Resident shall be required to pay rent for thirty (30) days after the notice is given with appropriate documentation. Resident agrees to furnish Owner a certified copy of his official orders which warrant termination of this Agreement. Permission for base housing does not constitute a permanent order. Other termination as provided under the SCRA will be allowed as provided by that Act.

2.7 DISABILITY

It is the policy of Owner to reasonably accommodate all handicaps and disabilities as defined under state and federal laws as required by existing law. It is agreed that Resident shall notify Owner of any need relating to a disability or handicap (in writing if possible) to insure the proper procedures are implemented to comply with existing laws. In the event Resident fails to notify Owner of any needed accommodation, Owner shall not be liable for damages suffered by Resident. It is agreed that Owner is under no obligation to accommodate Resident until proper notification with supporting documentation (if necessary) is provided to Owner and Owner has had the opportunity to grant or deny the accommodation or modification. Owner may deny any request that does not meet the necessary requirements, is not reasonable, or where insufficient information has been provided to establish the required elements of the request.

2.8 LIMITED LIABILITY

It is agreed that Owner will not be liable for any damages or losses to person or property caused by any Resident or any other person including, but not limited to, any theft, burglary, assault, vandalism, or other crimes. Resident agrees to be responsible for its own property and for its own safety. It is acknowledged and agreed that although Owner is responsible for the upkeep of common areas, parking lots, sidewalks, and areas of the community not subject to control by Resident, Resident agrees to accept liability and responsibility in the use of these areas. It is agreed that once Owner gives notice to Resident by any means of any potential hazard, it is Resident’s obligation to avoid the hazard or it assumes the risks of the hazard. It is acknowledged and agreed that Resident’s duty of care shall be significant as it pertains to its awareness of use of areas under control of Owner. 

It is the agreed intent of this Agreement (to the greatest extent allowed by law) that Owner shall not be liable for personal injury or for damage to or loss of Resident’s personal property (furniture, jewelry, clothing, etc.) unless caused by gross negligence of Owner, its agents, management, or assigns.

It is specifically mutually agreed that Owner shall NOT be liable for any damages (personal injury or to property) directly or indirectly caused by any other occupant, resident, tenant or guest. Owner shall not be liable to Resident for any type of damages from fire, flood, water leaks, theft, rain, hail, ice, snow, smoke, structural problems, environmental issues, toxins, mold or mildew, or contamination left by prior residents, explosions, interruptions of utilities, acts of God, or negligent behavior of Owner or its agents, unless such injury or damage is caused by gross negligence of Owner or its agents. 

OWNER RECOMMENDS THAT RESIDENT SECURE RENTERS INSURANCE TO PROTECT AGAINST ALL OF THE ABOVE OCCURRENCES. 

Owner shall hold Resident liable for any damages caused by Resident, its occupants, guests and/or invitees including but not limited to fire, flood, explosion, water damage, and pests. Owner strongly suggests and recommends that Resident obtain additional insurance to protect its own belongings. Resident agrees to indemnify and hold harmless Owner and its representatives from any and all liability for actions or inactions of Resident which cause damage or injury to any party or person. Resident agrees that locks and latches are acceptable subject to Owner’s duty to make needed repairs upon request of Resident. It is acknowledged and agreed that Resident had other options available for obtaining housing and chose to enter into this agreement with the limitation on liability of Owner. Further, Resident acknowledges that it had to qualify to enter into this agreement. Upon payment of a reasonable charge, Resident shall have the right to require Owner to change (re-key) a door-lock for a fee. Resident may not place its own locks on the Premises or devices which prevent Owner entry. Resident shall pay for and replace smoke detector and/or carbon monoxide detector batteries as needed. If Owner’s employees are requested to render services not contemplated in this Agreement, Resident agrees to hold Owner harmless for all liability regarding the same. Owner may provide security patrols and/or security equipment for the purpose of protecting its property. However, Owner will not provide any security for residents. Each Resident is responsible for its own personal security and the security of its property. It is acknowledged that the premises have been occupied and used by other individuals and that Owner cannot represent what such persons have had or done within the premises. Resident acknowledges that it will not hold Owner, its agents, or employees liable for prior actions within the premises by other occupants or their guests, including such actions that may have unknown continuing residual effects on the premises. Owner does not warrant that other tenants will have or maintain renter’s insurance, and shall not be liable for damages resulting from the actions of such other tenants. Rental insurance obtained by Resident must have a non-subrogation provision as against Owner and Owner’s insurance. Resident expressly agrees and understands that Resident will not be considered a co-insured under Owner’s commercial insurance policy for purposes of subrogation, and Resident agrees to be responsible for damage resulting from a fire, flood, explosion and water damage caused by Resident, its guests, occupants, and invitees. It is the intent of the parties that this section be applied so as to provide the maximum allowable protection from actions against Owner and that any provisions determined to violate law or policy be severed only to the minimal extent possible leaving all other provisions intact. No officer, director, shareholder, employee, or agent shall have personal liability under the terms of this agreement.  Resident agrees to look solely to Owner’s equity, interest and rights in the Premises for satisfaction of any claims or damages or other remedies of Resident. Owner shall not be liable for consequential or punitive damages. Additionally, Resident hereby agrees to hold Owner harmless from and to pay on demand all reasonable costs of repair or restoration resulting from any damage or destruction to the Premises, or the buildings of which Premises are part, the common areas, or any part thereof resulting from any act or omission of Resident, Resident’s guests, and/or any person on the Premises through or under Resident, including but not limited to damage or destruction resulting from leaving windows open during rain and storms, flows or water from pipes faucets or other sources, failure to turn off gas or electrical appliances or lights when not in use and littering of the premises or adjoining common areas.

3.1  EARLY VACATE

If Resident does not fulfill the entire initial term (even if such failure is due to eviction by Owner), Resident shall be liable to Owner for the costs incurred by Owner as a result of the early termination. These costs are in addition to the other damages and rent (including future rent) that may be assessed pursuant to this Agreement. They may include, but are not limited to: leasing agent costs, advertising expenses, turnover expenses, and such other costs incidental to re-renting the premises. If Resident vacates prior to the end of the initial term, all future rents under this Agreement shall accelerate and become immediately due. Resident shall additionally be responsible for damages, repayment of concessions, and such other provisions as contained herein. It is agreed that an eviction notice shall terminate occupancy but NOT the obligations to pay rent and other obligations under this Agreement. It is agreed that termination  notices pursuant to an eviction due to non-payment of rent or nuisance shall not relieve Resident from obligations for future rent until such time as the premises have been re-let or the expiration of the initial term whichever occurs first. Eviction at the end of a term shall still obligate Resident to pay for the time notice should have been given as required by this agreement for vacating the premises.

3.2 RENT INCREASES

If, during the lease term, taxes (non-property), utilities, governmental fees, or other common expenses paid by Owner increase in any year in excess of five percent (5%), Owner may increase Resident’s monthly rental amount in a prorate amount (formula to be determined by Owner) with thirty (30) days written notice. In addition, if any utility or governmental entity creates a new fee, tax, or assessment at any time during the tenancy, such amount may be assessed directly to Resident in a pro-rata amount as stated herein or as otherwise assessed by such entity. Business license fees may be directly passed on to Resident as they are imposed by any municipality. Payment of such amount is due five (5) days after Owner sends the billing. Owner may not assess Residents an amount greater than Owner is assessed. Owner may make any such assessments based upon a reasonable formula that requires one hundred percent of the new assessment to be paid by the Residents.

3.3 OWNER DEFAULT

Owner agrees to act with diligence to: (a) keep common areas reasonably clean, (b) maintain fixtures, furniture, hot water, heating equipment; (c) remain in substantial compliance with accepted federal, state and local laws regarding safety and sanitation; and (d) make all reasonable habitability repairs subject to Resident’s obligation to pay for damages caused by Resident, its guests, third parties, or other occupants. Resident must comply with the appropriate obligations under state and local laws relating to notification of Owner and any fit premises laws or ordinances for Owner to be in default.

3.4 RESIDENT DEFAULT

The following events shall constitute events of default: (a) failure to pay any rent, deposits or other amounts agreed to herein or any other sums due and owing by Resident to Owner pursuant to any terms of this Agreement and addendum; (b) failure to perform all or any part of this Agreement or a violation of this Agreement or any of the rules and regulations adopted by Owner or of any law; (c) Resident’s abandonment of the premises–abandonment is hereby agreed to mean Resident’s absence from the premises for fifteen (15) consecutive days without first notifying Owner in writing and with the rent unpaid and no reasonable evidence that Resident is occupying premises other than items of personal belongings left in said Premises OR by vacating the premises without providing appropriate notice; (d) violation by Resident, an occupant, or any guest of any state, federal, or local law or ordinance including the violation of any such law by an occupant or resident while living in the premises regardless of where the violation occurs; (e) allowing the property to be named on any listing relating to sex offenders; (f) Resident taking any action or failing to take any action which may jeopardize Owner’s status within any good landlord program; (g) if Resident holds over and fails to vacate on or before the required move-out date (i.e., the end of current lease term, the end of the month or any renewal or extension period, or the move-out date agreed to by both parties) Resident shall be liable to pay rent for the hold-over period and to indemnify Owner and/or prospective Resident for damages including rental loss, lodging expenses and attorney’s fees. Hold-over rent shall be immediately due on a daily basis and delinquent without notice or demand. Resident shall be liable to Owner for any and all costs incurred as a result of any breach by Resident. Notice of termination of housing assistance by any housing authority (if Resident’s qualification included such assistance) shall be deemed a default of this Agreement and grounds for immediate termination and eviction.

3.5 ILLEGAL ACTS

Resident may be evicted from the Premises without further notice or opportunity to cure for any illegal activity conducted by Resident, any occupant, or guest whether or not such activity is cited by a police authority. It shall be considered a breach of this Agreement for any Resident or occupant to commit a criminal act on the premises or elsewhere while an occupant of these premises. Prior undisclosed or unresolved criminal acts shall also be a breach. It is the responsibility of Resident to fully disclose all prior criminal activity, including but not limited to, convictions, pending charges, and plea bargains of all Occupants including minors. Resident has an affirmative duty to keep its premises from being reported on any Sex Offender’s list. Any such listing is grounds for immediate eviction.

3.6 LIEN

By this Agreement, Resident grants to Owner a security interest in any and all property which is placed on the property of Owner pursuant to the Resident’s occupancy of the Premises. This shall include any and all property in the Premises, storage areas, parking lots, common areas, or other Premises of Owner. The right to execute and take possession upon this security interest shall become effective upon any rent or fees being due and unpaid. Owner shall have the right to retain such property and utilize it to satisfy any monies due under this Agreement. Owner may file a security filing with any governmental agency as notice of this Lien. This security interest shall be deemed effective against all property in the premises and shall be in addition to the statutory Landlord’s Lien. Owner may inspect the Premises at any time that there is an unpaid balance due for purposes of preparing an inventory of the secured items. Sale of items under this provision may take place with seven (7) days written notice to the last known address of Resident. Resident agrees to waiver of notice of the sale, to the sale being a public auction, to the sale taking place at a location determined by Owner within the State, notices to be posted at the location of the sale and listed in the electronic version of any paper within the State, and to be held at such time and day as determined by Owner.

3.7 ABANDONMENT

In the event, Resident abandons any personal property on the premises with Owner; such abandoned property may be sold, donated, or disposed of by Owner as allowed by law. This shall include any and all property in the Premises, storage areas, parking lots, common areas, or other Premises of Owner. Owner shall have the right to retain any abandoned property and utilize it to satisfy any monies due under this Agreement. Sale of items under this provision may take place with five (5) days written notice to the last known address of Resident. Resident agrees to waiver of notice of the sale, to the sale being a public auction, to the sale taking place at a location determined by Owner within the State, notices to be posted at the location of the sale and listed in the electronic version of any paper within the State, and to be held at such time and day as determined by Owner.

3.8 ANIMALS

Resident may not keep, allow, or maintain animals of any kind on or near the premises for any length of time without the prior written consent of Owner. For any violation of this provision, in addition to Owner’s other remedies, Owner may charge and collect the sum of $50 per day, per violation. All costs of cleaning, de-fleaing or other damage or loss suffered on account of a violation of this section shall be promptly paid to Owner by Resident. Violation of this provision will allow Owner to commence eviction on the basis of nuisance without any further notice or opportunity to cure. Resident is required to get approval for any companion or service animal PRIOR to the animal coming onto the premises. Failure to obtain prior approval is a significant violation of this agreement which shall allow for immediate eviction. Owner may create and maintain such rules and regulations relating to animals as Owner, in its sole discretion, determines appropriate.

3.9 TAX PASS-THROUGH

Owner may pass through to Resident a pro-rata amount of the property taxes assessed against the entire premises. Such amount shall be billed monthly and be deemed to be part of the rent due each month. Owner shall inform Resident of the assessment at the commencement of the term (or may commence such assessment at any time with thirty days’ notice) and may increase such assessment upon thirty (30) days written notice. Owner may utilize any such formula for pro-rating the tax assessment provided that the aggregate amounts billed to all residents may not exceed the actual property tax for the entire property.

3.10 UTILITIES

 Utilities shall be used for ordinary household purposes only. Resident will provide and pay for all utilities except those listed below or those for which a separate agreement is entered into concurrently. All utility services whether provided by Owner or Resident, are subject to interruption or temporary termination for the purpose of repairs, alterations, or improvements to the Premises or for emergency reasons. Any such interruption or temporary termination of utility service shall not constitute a default by Owner, nor is Owner liable for interruption or termination. In any event, Resident shall be responsible for its own telephone service, cable service (unless specifically stated otherwise), and any other optional service which may be deemed a utility. Resident must obtain written approval to install a satellite dish and sign an addendum to this Agreement. Resident shall establish the utilities for which it is responsible in its name immediately. If Resident fails to establish the utilities, Owner may at its option terminate this Agreement or bill Resident a handling fee of $50 per utility per month. It is required that all Residents have both gas and electrical service. Owner may establish a policy for payment of pro-rating utilities that are not directly metered, including but not limited to sewer, water, and garbage and may charge Resident a monthly administrative fee for such utility billing.

Utilities that are not directly metered: WATER, SEWER, TRASH, COMMON AREA ELECTRICITY and GAS WILL BE CHARGED BACK. (RUBS)

3.11 PESTS

It is acknowledged that most pest problems result from the actions of residents and that such problems often cannot be detected by Owner. Resident acknowledges and warrants that any and all furnishings, clothing, food items, and other materials that is brought into the premises or upon Owner’s property is free from any type of pest infestation including but not limited to bed bugs, mice, lice, and cockroaches. Resident warrants and represents that none of the items brought onto Owner’s property or within the premises have been exposed to such pests and that all such items have been inspected by Resident. Resident agrees that during its tenancy, it warrants to Owner that no infested items will be brought into the premises or on Owner’s property. Resident agrees that it will be responsible for all costs relating to removal, extermination, control, cleanup, and management of pests which are brought in by Resident, its guests, occupants, or others (intentionally or not). Resident further agrees to be responsible for all costs relating to removal, extermination, control, cleanup, and management of pests which exist or whose existence is supported by the actions or inactions of Resident, particularly issues relating to cleanliness and clutter of the premises. Pests include but are not limited to cockroaches, bed bugs, mice, ants, lice, and moths. Resident agrees to assist in enforcement of this provision by reporting to management any violations. Resident agrees to notify Owner immediately of any infestation or sighting of any pests within the premises. Resident may hire any licensed and bonded pest control/extermination company to remedy such infestation but shall notify Owner prior to such company entering the premises. All costs related to resolution of any pest problem shall be the responsibility of Resident. In the event it is necessary for Owner to obtain pest control for another unit, a whole building, or the entire community, Resident agrees that it will pay its pro-rata share of the costs relating to such pest control regardless of the source of the pest problem and shall be responsible for the full cost if the infestation. It is agreed and acknowledged that a pest problem may spread to other units. Failure to Resident to notify Owner and take appropriate action may result in additional units becoming infested. All costs relating to resolution any pest infestation that is caused or exacerbated by Resident shall be paid by Resident. These costs include but are not limited to actual costs of pest control/extermination, loss of rents, replacement of infested/damaged materials, and any such other costs as may be incurred. Violation of this provision is grounds for eviction. Resident agrees that it shall hold harmless Owner from any and all damages relating to pests within the premises; extermination, control or cleanup of pests; damages to personal property from pests; and any and all other damages relating to pests, regardless of their source.

3.12 SMOKING

Smoking may or may not be allowed on the premises. However, Owner may restrict smoking altogether at any time. Resident waives any right to a cause of action for a nuisance pursuant to Utah Code 78B-6-1101(3) (smoke and second hand smoke) and holds Owner harmless for any damages relating to smoke. Resident acknowledges that it has been informed that smoke from outside the premises or from adjoining premises may drift into Resident’s premises. Resident specifically agrees to abide by the smoking policies of Owner which may prohibit smoking. This waiver shall apply to all residents, occupants, guests, and minors. Second hand smoke is defined as a nuisance and may be a cause for eviction. Resident shall abide by any regulations promulgated by Owner regarding smoking. Further Resident acknowledges that smoking damages the premises and agrees to pay for any such damage.

3.13 INSURANCE

Resident is encouraged to obtain and maintain liability insurance for Owner. Coverage should be in the amount of One Hundred thousand Dollars ($100,000.00) for damage to Owner’s and third party’s property with the provisions covering at least perils of fire, explosion, sewer backup, smoke, and accidental water discharge. Owner should be named as an additional insured or listed as an interested Party on Resident’s policy. Such policy shall be written as a policy not contributing with and not in excess of coverage which Owner may carry. It is agreed that Owner carries insurance for its protection and that Resident is not a beneficiary of such insurance. Resident shall be responsible to Owner for all costs of repair for damages as stated herein and within this agreement regardless of insurance that Owner may carry. In the event Resident fails to maintain renter’s insurance, Resident shall be liable to Owner and such other Resident’s for any and all damages sustained due to Resident’s negligence, actions, inactions, or such other events as may cause damage. Resident acknowledges that Owner shall not be liable for damages caused to it or its property due to the actions or inactions of other residents.

3.14 CASH PAYMENTS

Resident agrees that it will not make any payment required by this agreement in cash. Cash will not be accepted by Owner and any cash payment shall not be deemed to be a valid payment on any obligation under this agreement. Resident agrees to notify Owner of any request by any agent, employee, or manager to make any payment in cash. No cash payment shall be evidence of any payment required by this agreement. However, this provision shall not apply to any payments which are made to Owner’s attorney pursuant to an eviction or collection matter.

4.1 General Clauses

No oral agreements have been made. Nor shall any oral agreements be allowed between the parties during the term of Resident’s occupancy. This Agreement is the entire agreement between the parties and it may be modified only in writing signed by all parties except for reasonable rule changes or additions to the Owner’s “Rules and Regulations.” This Agreement integrates all previous agreements except those entered into concurrently. All of Resident’s statements in the rental application were relied upon by Owner in executing this Agreement and any misinformation therein shall be considered cause for immediate termination by Owner of Resident’s right of occupancy. 

Resident may not withhold rent or offset against rent except as specifically allow and provided for by law. In the event of more than one Resident, each Resident is jointly and severally liable for each provision of this Agreement. In addition, each Resident shall be jointly and severally liable for any statutory damages accessed pursuant to state law, even if one Resident vacates the premises appropriately. No Resident shall be released from this Agreement unless agreed to in writing by Owner. Liability under this Agreement continues until all occupants and Residents vacate or a new lease is signed. In the event any Resident transfers to other premises, any amounts due for rent or damages shall automatically transfer as rent to the new premises and shall be immediately due. Resident shall not be entitled to interest on security deposits. All Residents’ obligations are to be performed in the County where the Premise is located. Owner’s past delay or non-enforcement of rent payment due date or any other provision hereof shall not be a continuing waiver thereof under any circumstances. To enforce any breach or in any lawsuit involving statutory or contractual obligations of Owner or Resident, the non-defaulting party shall be entitled to recover costs of collection, attorney’s fees, court costs, and all other costs from the defaulting party regardless of whether the matter is litigated or not. 

All amounts past due and/or in any lawsuit the entire judgment shall bear interest from due date at the rate of twenty four percent (24%) per annum compounded daily until paid. Any clause declared invalid by law shall not invalidate the remainder of this Agreement. In the event Resident brings a claim against Owner or its agents with a state or federal agency, Owner shall be entitled to recover as against Resident any attorney fees and/or costs and damages for its time (including an hourly rate for Owner or its agent’s time) if the agency fails to make a finding against Owner. This Agreement may not be assigned by Resident nor can Resident sub-let the premises. In the event obligations under this agreement or its addendums is assigned to a licensed collection agency or attorney, a collection fee of forty percent (40%) of the debt/obligation assigned shall be added to the amount owed pursuant to the terms hereof and as allowed by law.

4.2 MISCELLANEOUS

Monthly Rent is due on or before the first day of each month by 5:00 p.m. local time.

 Rent paid after such date and time is delinquent. If all rent and other accrued fees are not paid on or before the date stated in Rent And Fees above, before 5:00 p.m. (Time determined by time at Owner’s office), Resident agrees to pay a late charge as stated above. Any payment due must be paid before 5:00 pm on the due date or will be deemed paid late. Any check returned shall accrue the maximum charges as allowed by law which shall be in addition to the late fees. In the event, Owner determines to serve any notice upon Resident due to Resident’s failure to pay rent or for Resident’s violation of this Agreement, Resident shall be liable to Owner for the Service of Notice Fee stated above. Owner may without notice require payments in money orders or certified funds. Acceptance of personal checks is not required. Electronic payments are not deemed received if paid after service of an eviction notice. Owner shall be entitled to reject and return any funds paid electronically if done so within five (5) days after Resident gives notice in writing of such payment. Resident shall notify Owner in writing when paying electronically. 

Any dispute in amounts due by Resident must be stated in a separate written notice provided to Owner and not merely stated on the face or rear of a negotiable instrument. 

Such dispute must be mailed to the Owner at the registered agent’s office or delivered to the address herein. As used in this Agreement, rent shall mean all obligations of this Agreement (and addendums) owed to Owner, including but not limited to, monthly rent, late fees, service fees, attorney fees, damages, month-to-month fees, court costs, pet fees, taxes, and security deposits. However, for accounting purposes only, payments shall be applied in the following order: first to damages, security deposits, late fees, services fees, month-to-month fees, other fees, court costs, attorney’s fees, any and all other amounts due, and lastly to rent. The lease initiation fee provided herein shall be deemed to apply to the operational costs of Owner in preparation of documents, files, and such other costs incident to the leasing of the premises to Resident. It is in addition to any application fee which may be charged. The Eviction Turnover Fee shall be deemed to compensate Owner for costs and time related to preparation of materials for an eviction. The above rental rate is for an unfurnished Premise. Resident’s right to possession and all Owners’ obligations are expressly contingent on prompt payment of rent. Use of the premises by Resident is obtained only on the condition that the rent is paid on time. Payment of rent shall be an independent covenant and all monies received by Owner shall be applied first to non-rental obligations of Resident, then to the oldest amounts due, regardless of notations on checks. After the initial term above, at least thirty (30) days prior written notice is required for any rent increase unless stated otherwise herein. Each Resident does hereby grant to each of the other Residents herein the power to sign documents binding all of the Residents as it may pertain to this tenancy and this Agreement. By this Agreement each Resident herein grants a power of attorney to each other Resident to bind all Residents as it pertains to this Agreement, addendums, notices, and pleadings which relate to this tenancy, including the ability to accept service of process and give notices to Owner. Resident agrees that firearms and weapons are restricted from common areas and amenities. Owner may further restrict possession, storage, and usage of any firearm or weapon.

4.3 OTHER OBLIGATIONS/CONDITIONS

All Appliances and window treatments are property of the property owner(s).

4.4 MOVE-IN DISCOUNTS-CONCESSIONS

Subject to completion of the terms of this lease, Owner shall grant to Resident the following discounts:  SEE DISCOUNT-CONCESSIONS ADDENDUM IF APPLICABLE.

In the event Resident fails to complete the entire term (regardless of the reason, even eviction by Owner) or violates any other term of this Agreement, Owner shall be entitled to recover the amounts stated above that were discounted to Resident. It is agreed that any concession shall be deemed a rental payment deferment which shall become due and payable upon breach or at the termination of the lease unless the lease is completed wherein the deferred rental payment shall be forgiven.

4.5 OWNER’S ADDRESS FOR NOTICES

The Country Corner

Address:

3685 South Eastwood Drive

Salt Lake City, Utah 84109

Mobile: 801-277-6615

Email: carlstonproperties@gmail.com

The Law Offices of Kirk A. Cullimore, LLC 09/2014 This document may not be copied, reproduced, altered, or used without express written permission.  https://www.cullimorelaw.com/ 

4.6 RESIDENT’S EMAIL ADDRESS FOR NOTICES

carlstonproperties@gmail.com

5.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

5.2 FEES AND CHARGE

Lease Fees:

$150.00 – To add or remove an additional occupant after lease has been executed.

$150.00 – Month to Month Fee

$100.00 – Short-Term Lease Fee (6 month lease)

$100.00 – Late Rent Payment Fee

Varies – Settlement Agreement.  To be released from one’s lease early.

$150.00 – Pet Fee (non-refundable)

$200.00 – Unauthorized Pet Fee

Administration Fees:

$200.00 – Lease Initiation Fee (non-refundable after 72 hours)

$50.00 – Paper Lease Fee

$150.00 – Transfer Fee

$50.00 – Re-Inspection Fee

$50.00 – Eviction Turnover Fee

$25.00 – Service of Notice 

$25.00 – If contact information, phone and/or email, has been changed since the time of the original lease and the management has not been given the updated information. 

$50.00 – Utility Handling Fee (per utility per month)

$15.00 – Check Processing Fee

$20.00 – NSF (Non-sufficient funds)

$10.00 – Paper Statement Fee 

$200.00 – Apartment Marketing Fee

Maintenance Fees:

$50.00 per hour – If reason for maintenance request is tenant caused, tenant will pay a labor fee and the cost of any materials needed to make the repair. After hours (before 9:00 am and after 5:00 pm), weekends, and holidays will be billed out at time and a half.  Time will be billed in 1/2 hour increments beginning from the time the maintenance technician is called. 

$50.00 – Missing or Disabled Smoke Detector Fee

$35.00 – FOB (Electric Key) Replacement Fee

$10.00 – Replacement Key Fee

$50.00 – Lock Replacement Fee.  Per Lock.

$50.00 – Unreturned Keys or Parking Pass Fee.  Per key or pass.

Services:

$15.00 – Replace Light Bulbs.

$15.00 – Replace Smoke Detector Batteries.

$15.00 – Replace Furnace Filters.

$50.00 – Maintenance Labor for tenant requested projects (per hour).

6.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

6.2 COLLECTION POLICY

1. Rent is due on or before the first of the month.

• No cash will be accepted.
• If a check is used a $15.00 check processing fee will be applied to resident’s account.

2. A late fee of $100.00 will be applied at 5:00 pm on the 3rd day of the month.
3. A Three (3)-day Notice to Pay or Vacate will be served on the 4th day of the month with a service charge of $25.00.
4. Once a Three (3)-day Notice to Pay or Vacate has been served rent can only be paid by certified funds (ie. Cashiers Check, Money Order, or 7-11 Voucher).
5. Any unpaid rent amounts will be sent to our attorney for collection and/or eviction after the Three (3)-day Notice to Pay or Vacate has lapsed.
6. Return payments (insufficient funds, account closed, etc) will be handled as follows:

• Will be charged a late fee.
• Charged a $20.00 NSF fee.
• Served a Three (3) day Notice to Pay or Vacate.
• Online payments and checks will no longer be accepted as payment for rent after two returned payments.

7.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Corner Property

123 Street

City, State 00000

7.2  COMMUNITY POLICIES AND PROCEDURES

It is Management’s goal to maintain this development as an outstanding apartment community in this area.  In order to promote and maintain this community and as a condition of residency, Management has established the following policies.  All residents and guests must abide by these policies, as they are essential for the comfort and convenience of all community residents.

7.3 ABANDONMENT

Tenants may not abandon or vacate the leased premises at any time without the proper 30 day notice to vacate. If a tenant is absent from the premises and a rental payment is due and unpaid for more than fifteen consecutive days, the tenancy will be deemed to have been abandoned. Any property left in an abandoned premises may be moved to storage and, if not claimed within 30 days, at the management’s discretion sold or disposed of by donation to a charity.

In addition to the remaining rent on the premises, Tenants will be liable for the costs of inventory, moving and storage of abandoned property. The minimum storage charge will be five dollars ($5.00) per day. However, it is agreed that the property may be stored off site and tenant will be liable for any actual costs and charges of storage.

7.4 ABSENCE FROM PREMISES

If a tenant is going to be absent from the premises for a period exceeding seven (7) days, formal written notice should be given to the management. This includes vacations, business trips, etc. Although the management does not incur a greater obligation as a result of such notice, it does allow for a more expedited response to problems. Such notice will also allow the management to take proper steps to notify you or your designated representative in the event of a problem during your absence.

7.5 ACCESS

In order to provide both routine and emergency maintenance service, management keeps a pass key to each of the premises. Service requests and work orders placed by a tenant, will be answered as quickly as possible. The Residential Rental Agreement requires that all maintenance requests be in writing.

When making a request, it is important to let management know if maintenance can enter your apartment “at any time,” or if you want to set up an appointment. Prior notice will be given before entering premises for routine maintenance.

The Residential Rental Agreement provides for management’s access to each premises.

Generally, this access will be limited to maintenance and scheduled inspections. However, if management, in its sole discretion, determines to inspect a premises for any or no cause, such inspection may take place at any time with or without notice.

Tenant agrees to maintain the locks in such a condition to allow the required access.

7.6 APARTMENT ACCEPTANCE

Upon signing the Residential Rental Agreement, tenant demonstrates satisfaction with the physical condition of the premises. Tenants should check the premises carefully and report any defects or damages to Management upon completion of this inspection. Written notice of defects must be reported within forty-eight (48) hours of taking possession of the premises.

Tenant may be liable for the costs of repair of any defects which are not reported. The

premises are deemed accepted and in proper condition (with the exception of properly noticed defects) forty-eight (48) hours after taking possession of the premises.

7.7 CHANGE IN POLICIES

From time to time, as deemed necessary, it becomes important to modify or change the rules and regulations to better suit the community’s needs. Once the change is effective and tenant’s have been notified, the new policy will be considered a formal part of the apartment rental agreement.

Notice of any such changes in rules and regulations may be given by publishing the new rules in any monthly newsletter, by posting the new rule on all community bulletin boards, or by posting or delivering the new rule to each Tenant at the premises. Thirty (30) days after such change is noticed, all tenants will be required to comply with the new rule.

7.8 SERVICE REQUESTS

All requests for service should be made to the on-site Management Office in writing.  Any plumbing leak of a serious nature, frozen water lines, lack of heat in winter or electrical failure should be considered and emergency, in which case Management should be notified immediately.  Any expense incurred by Management, as a result of mistreatment of the apartment or common areas will, insofar as necessary, be assessed against the resident(s) responsible.  If for any reason it should be necessary to call FIRE, RESCUE or POLICE for assistance, please call 911 directly for help rather than the Management office.  Notify management immediately AFTER calling the Police, Fire Department, etc. as to the nature of the emergency.

7.9 GUESTS

Tenants shall be responsible and liable for the conduct of their guests. Acts of guests in violation to the rental agreement and rules and regulations shall be deemed a default by the Tenant. Guests may not reside in the premises for more than three (3) consecutive days or more than five (5) days in any one month period without prior written approval of management.

Management may restrict any guest from the usage of any common facility for any reason or no reason. Tenant shall then be responsible to insure that it’s guest complies. Tenants are responsible for informing their guests of all the rules and regulations and insuring that such are kept.

Tenants may not have as guests persons who have previously been evicted from the premises. Management may specifically restrict certain guests who have failed to abide by rules and regulations.

We may also exclude from any patio or common area a person who refuses to show photo identification or refuses to identify himself or herself as a resident, occupant or guest of a specific resident.

7.10 INSURANCE

Tenants are strongly encourage to obtain renter’s insurance and insurance on vehicles. Theft, water damage, fire, freezing, vandalism, etc., are personal losses and are not covered by this community’s insurance.

You may also be liable for damage caused to other tenant’s by your negligence. This may also be covered by renter’s insurance.

We are NOT responsible for damage or loss of your personal property kept or stored in your apartment. We STRONGLY encourage you to protect your personal property by taking out a renter’s insurance policy. You should arrange for your policy to take effect the same day you plan to move in.

7.11 WRITTEN INTENT TO VACATE

According to the Residential Rental Agreement, tenants must turn in a 30 day written “Intent to Vacate” notice before leaving their apartment. This must be done in order to fulfill your lease agreement. This form can be obtained from the office, where management can answer any questions concerning the move-out.

Before moving and after the premises have been cleaned, an inspection of the apartment with the office personnel must be completed. Please contact the office to set up an appointment. Tenants are responsible for rent until all keys are turned into the office and the premises are completely vacated.

The Intent to Vacate notice must be given thirty days in advance even if you are vacating at the end of the lease term. Giving the notice during the lease term will not release any tenant from the remaining term of the Residential Rental Agreement.

Generally, the notice must be given such that the tenant will be liable for rent through the end of the month in which the tenant is vacating.

7.12 LATE PAYMENTS

YOUR RENT IS DUE THE FIRST DAY OF EACH MONTH. Late fees are assessed as

provided in the Residential Rental Agreement. Rent is late that is paid after the first. Any attorney fees, legal or collection costs incurred by management in order to collect rental payments or other unpaid amounts will be directly charged to each tenant. Dishonored checks will carry a service fee as allowed by law which will be assessed in addition to any late charges.

Management may serve a legal notice at any time when tenants owe funds pursuant to the Residential Rental Agreement. Notice fees as provided in the Residential Rental Agreement shall be assessed upon service.

7.13 LEASE TERMINATION

The Residential Rental Agreement automatically becomes a month to month tenancy unless tenant notifies management, in writing, 30 days before the end of the term. In order to terminate tenancy, Tenants must fill out a NOTICE TO VACATE form.

Any termination of the Residential Rental Agreement that is either during the term or after the term and improperly noticed, will result in tenant being responsible for costs incurred in re-letting the premises, as well as future rent through the term of the Residential Rental Agreement.

An early termination does result in additional costs to the Owner. These costs will be passed on to the tenant who does not fulfill the entire lease term or who fails to give proper notice. These costs include, but are not limited to: advertising costs, leasing costs, general maintenance costs, and administrative costs. Because these costs cannot always be exactly determined on a per apartment basis, a formula which includes the actual costs from the previous year and the known costs for this year is divided by the number of vacant units from last year to determine the early termination fee. This fee amount will vary according to the formula factors. Tenants may obtain the current early termination fee from management.

7.14 CHANGE IN NUMBERS OF OCCUPANTS

Tenant shall be responsible for reporting changes in family size or composition to the

management. All occupants must be on the lease or tenants will be in violation and may face eviction. The premises shall be used solely as a private dwelling.

Management may limit the number of occupants in any premises.

Your apartment is to be used solely as a private dwelling. The number of occupants is not to exceed the number shown on the Residential Rental Agreement without prior written approval. Occupancy is considered as residing in the apartment three days or more in any one week period or five days in any one month.

Tenants agree not to permit any unlawful or immoral practice on the premises. Nor shall tenants permit the apartment to be used for any purpose which will injure the reputation of the community or which will disturb the tenants of your building or the inhabitants of the community.

Occupancy changes which are a result of pregnancy or adoption of a child requires written notification to management. Because there are specific occupancy standards for each unit, the addition of a new family member may result in more occupants than allowed. Generally, this type of situation is resolved upon the expiration of the current lease term. However, management does reserve the right to require reasonable changes in either occupants or a move to another larger unit to maintain its occupancy standards.

7.15 OWNER LIABILITY

Owner shall not be liable for any damage or injury resulting from carelessness, negligence or improper conduct on the part of any tenant or guest.

In the event of utility or equipment malfunction, you must notify the office immediately. During such periods, rental payments will not be canceled nor will they be diminished. Owner shall not be liable for any actual or consequential damages as a result in loss of utilities or telephones.

Owner shall not be liable for the costs of or any damages caused by any repairs made by third parties or by tenants unless such repairs were specifically authorized in writing prior to their commencement.

Winter conditions may exist from time to time. Owner shall make reasonable efforts to remove snow and ice from sidewalks and drive areas. However, tenant acknowledges the risks inherent from a winter climate and agrees to take all reasonable precautions to avoid being injured or damaged. Owner shall only be liable for any injury or damage in the event Owner is grossly negligent.

7.16 SECURITY DEPOSIT

The security deposit paid shall be held until the premises are vacated. The security deposit shall be returned within a reasonable time after vacating the premise.

NOTE: YOU MAY NOT APPLY THE SECURITY DEPOSIT AGAINST RENTAL

PAYMENTS OR THE LAST MONTH’S RENT. YOU ALSO CANNOT TRANSFER

YOUR DEPOSIT IF AND WHEN YOU TRANSFER APARTMENTS.

Remember that in order to qualify for a security deposit refund, you MUST FULFILL THE FULL TERM OF YOUR PRESENT LEASE and give the management office the proper 30 day notice.

A new mailing address must be provided to management upon move-out.. Management will provide tenants with a written itemization of any amounts deducted from the security deposit and the reason for making the deduction. This statement will be mailed to the address provided along with the balance of the deposit.

Tenants are not entitled to interest on security deposit funds. Management may utilize these funds during the term of the residency for its own purposes. The security deposit is not due or payable to tenant until thirty days after tenant has vacated and only if tenant has paid all sums owed pursuant to the Residential Rental Agreement and the Rules and Regulations.

7.17 SUBLEASING

Tenants shall not have the right or power to sublet the premises or any part thereof, or to transfer or assign the Residential Rental Agreement without the written consent of the owner; nor shall any tenant offer any portion of the premises for a sublease by placing any “to rent,” “furnished room,” “rooms to let” or similar sign or notice or by advertising in any newspaper or place or manner whatsoever.

The premises are to be used solely as a residence. No business may be conducted from any apartment.

7.18 UTILITIES

Utilities that are specified as the responsibility of tenant in the Residential Rental Agreement must be paid by tenant. Tenant may not allow the gas or electricity to be turned off. It is the tenant’s responsibility to contact these utilities, sign up and to pay these bills directly to the utility companies. It is also the responsibility of each tenant to notify the utilities of their move-out date to terminate service.

Unpaid utilities shall be deemed additional rent. Payment of such shall be due upon demand. Failure of any tenant to have the utilities placed in the tenant’s name, or who cause the utilities to be shut off may be evicted for breach of this rule.

7.19 INTER – COMMUNITY TRANSFERS

Transfers from one apartment to another must be approved by the Community Manager, a new escrow deposit made, transfer fee paid and a new lease must be signed. There are no transfers of the provisions of the old lease to me new lease.  The vacated apartment will be inspected and if left in the same condition it was at the time of occupancy (normal wear and tear excepted), the deposit will be refunded to resident. All outstanding balances must be brought current at time of transfer.

7.21 MOVE-OUTS

If you wish to move out of your apartment after lease expiration, you must give us a minimum of THIRTY DAYS WRITTEN NOTICE to vacate. For a refund of your entire escrow deposit the following requirements must be met;

1. The full term of your lease must he completed
2. A minimum of thirty days written notice must be given, and you must pay through the 30 days
3. The apartment must be left in the same condition as at the time of occupancy (normal wear and tear excepted).
4. All keys must be returned
5. All equipment-provided (ice trays, broiler pans, -etc.) must be returned
6. All sums due must be paid prior to move out

Any charges, if applicable, will be made against your escrow deposit.  The excess charges over your escrow deposit must be paid or your account will be turned over for collection.

7.22 APARTMENT ALTERATIONS

No modifications or alterations maybe made to the premises without prior written permission of management. Tenants may not paint, change locks, wallpaper, hang wall shelving, add lighting or other electrical devices (other than those that plug into existing outlets), fix fixtures or other items owned by the Owner (without specific written approval), apply glass/window stickers or adhesive shelf/drawer covers, nor make any other alteration to any of Owner’s property.

Any such alterations or modifications will be considered a breach of the rental agreement and may subject tenant to eviction. In all such cases, in addition to any other remedy, tenant will be obligated to reimburse Owner for all costs to return the premises to the condition that existed prior to tenants alterations.

7.23 CARPET CARE

Tenant shall be responsible for cleaning and care throughout the tenancy. Any damage caused to carpets by pets, Tenants or their guests, shall be charged to the Tenant. This cost may include replacement of the carpet if the damage is significant.

Care should be taken to insure that no damage is done to any of the flooring. Carpet generally has a useful life of at least ten years. Vinyl flooring has a useful life of at least twenty years. Damaged carpet may not be able to be replaced on a room by room basis. Damage to carpet in one section of the room will require the entire room to be replaced as a minimum. Damaged vinyl will require the entire vinyl to be replaced.

Tenant agrees to pay all such costs of replacement if flooring is damaged during its tenancy.

7.24 DAMAGE TO DOORS AND WALLS

Stickers, tape, or glue, should not be placed on the doors or walls. Often damage is caused when adhesives are pulled away. This type of damage constitutes more than normal ‘wear and tear’ and as such will be a cost accessed to the tenant. Pictures and other light objects may be hung on the wall with small nails. However, there should not be an excessive amount hung and multiple holes regardless of size may result in the need to repaint the apartment.

Nothing should be hung on doors. No tape, glue, stickers, or nails should be used on any doors.

Any damage to doors or walls should be reported immediately to the management to allow for repairs.

7.25 LOCKS AND KEYS

So as not to restrict management’s ability to provide tenants with maintenance and emergency service, tenants shall not place additional locks (except those installed by management) upon any doors of the premises, nor shall locks be changed without the owner’s prior written permission. The keys to tenant’s premises must be returned upon move out including any and all keys made by Tenant. Without a return of keys, tenant will be charged for replacement of all keys, as well as, for replacement of the locks for which tenant has kept keys, $50.00 per lock change.

Any Tenant who has unpermitted locks on doors or who changes locks, shall be liable to management for the costs related to changing the lock and/or removal of the lock. Locks can be changed by management upon request, but management may charge a fee for such change.

Only one set of keys will be provided per person on the lease.  Duplicate keys should not be made by Tenant.  Replacement keys are $10.00 per key and $35.00 per key fob.

If tenant desires a change of locks during the tenancy there will be a charge of $50.00 per lock.

Tenants who lose their keys and require management to open their premises will  also be charged a fee. During office hours – $25.00 /After-hours – a locksmith should be called.  It is the tenants responsibility to come to the leasing office to pick up a duplicate key.  If coming to the leasing office is not an option, a locksmith should be called.  The tenant is responsible for any charges incurred by the locksmith.  Management shall not be required to open premises for tenants.

So as not to restrict management’s ability to provide tenants with maintenance and emergency service, tenants shall not place additional locks (except those installed by management) upon any doors of the premises, nor shall locks be changed without the owner’s prior written permission. The keys to tenant’s premises must be returned upon move out including any and all keys made by Tenant. Without a return of keys, tenant will be charged for replacement of all keys, as well as, for replacement of the locks for which tenant has kept keys, $50.00 per lock change.

Any Tenant who has unpermitted locks on doors or who changes locks, shall be liable to management for the costs related to changing the lock and/or removal of the lock. Locks can be changed by management upon request, but management may charge a fee for such change.

Only one set of keys will be provided per person on the lease.  Duplicate keys should not be made by Tenant.  Replacement keys are $10.00 per key and $35.00 per key fob.

If tenant desires a change of locks during the tenancy there will be a charge of $50.00 per lock.

Tenants who lose their keys and require management to open their premises will  also be charged a fee. During office hours – $25.00 /After-hours – a locksmith should be called.  It is the tenants responsibility to come to the leasing office to pick up a duplicate key.  If coming to the leasing office is not an option, a locksmith should be called.  The tenant is responsible for any charges incurred by the locksmith.  Management shall not be required to open premises for tenants.

7.26 PLUMBING AND ELECTRICAL

Tenants are responsible for the daily maintenance of toilets, sinks and garbage disposals. Disposable diapers, sanitary napkins, toys, etc., will cause your toilet to clog and can cause a sewer backup. If maintenance is called out and such items are found, the Tenant will be charged for the costs and expense of the correction. Do not put bones, aquarium gravel, corn cobs, celery, glass, etc. down the garbage disposals. The blades are small and meant to chew up things the consistency that a persons own teeth can.

Electric sockets are 120 volt and will, if overloaded, blow. Please restrict overloading and avoid a possible fire. Extension cords should be used with care and must be free from wear.

7.27 SHUTTERS AND BLINDS

Please use the shutters and blinds provided in the premises. They have been specifically purchased to assist in maintaining privacy. Please refrain from using foil or other coverings in the windows. If the shutters are not adequate or if you prefer to use your own, please contact the management and obtain permission first.

Replacement of blinds and shutters is expensive. It is the responsibility of tenants to maintain these items and insure of their proper usage and care. Damaged or malfunctioning blinds should be reported immediately to the management.

7.28 SMOKE ALARMS

Smoke alarm are contained in each of the premises. Tenants should periodically check the alarm to insure they are functioning properly. Malfunctioning smoke alarms should be reported to the management immediately.

The intentional disabling of a smoke alarm by a tenant or its guest is a violation of these rules and regulations and the tenant shall be subject to a $50.00 charge if the smoke alarm is found to be missing or disabled.

7.29 WATER BEDS

Water beds and other liquid filled furniture are permitted if a copy of your Renter’s Insurance Policy covering liquid filled furniture is provided to the Management Office prior to installation of such furniture.  This policy must cover the Community for any damage caused by ruptures or leaks of the furniture.

7.30 FURNISHINGS

All equipment, appliances and amenities in the apartment are to be used for the purposes intended and in accordance with any instructions provided:  Alteration of these furnishings is strictly prohibited without written consent of Management.  No appliances (including washer and dryers) may be. 

Please do not overload your dishwasher and only use detergents made for automatic dishwashers.

Turn on the cold water before starting your disposal.  To keep your disposal in good working order, do not grind bones, rinds or stringy foods. If your disposal stops, check the reset button (normally located on the outside bottom of the disposal) before reporting the problem to the Management Office.

Do not flush paper towels, disposable diapers, aluminum can tabs, sanitary napkins, tampons or cotton swabs in toilets.

7.31 FURNACE ROOM

The furnace room is located for sound insulation purposes and ease of repair. Storage of any kind in this area is prohibited because of the potential fire hazard. Management may ask to inspect this area on a routine basis. Tenants found storing items in the furnace area will be accessed an inspection fee of $25.00. Tenants are not to make any repairs or adjustments to the furnace unit.

7.32 PIPE FREEZE PREVENTION

If you plan to be away from your apartment for any length of time during the cold weather season, remember to leave the heat on in your apartment at a minimum of 60 degrees, drip your faucets and notify the Management Office.  Failure to do so may result in damage to waterlines from freezing, for which you will be responsible.

7.33 RADIO AND TELEVISION AERIALS AND DISHES

Aerials for radio, television, satellite communications, shortwave, or any other purpose many not be placed or erected on the roof or the exterior of the buildings. This includes usage on any balcony or patio area. Amateur radio operators are also prohibited from transmitting within the apartment community. The usage of portable communication devices, listening devices, and video devices may also be restricted by management. Such restrictions may include the prohibition of usage within the community. This prohibition or restriction may be implemented on a case by case basis where in the sole discretion of the management, it is needed or appropriate.

However, in keeping with regulations and rulings by the Federal Communications

Commission, tenants may have small satellite dishes. These dishes may not be attached to any of the structures. They may be set up on a tenant’s balcony or in such other place as may be approved, in writing, by management.

7.34 EXTERIOR DISPLAYS

Tenants shall not display any signs, exterior lights or markings on the premises. Awnings or other projections shall not be attached to the outside walls without written consent of the management. Christmas lights and other holiday decorations must be limited to the interior of each of the premises.

7.35 PATIOS AND BALCONIES

Please keep your balcony and patio clean at all times. Tenants shall not store, hang or drape clothing, or other household items on the railings or other portions of balcony or patio. Bicycles, boxes and other belongings which are not patio furniture are not to be stored on patios or balconies. We reserve the right to require Tenants to remove items which management in its sole discretion, deem to detract from the appearance of the community.

No open flame barbecuing of any kind is allowed on the balconies.

7.36 CLEANLINESS OF GROUNDS

Please place all trash in provided containers. Do not leave trash in common areas, porches, on patios, balconies, or beside containers. All trash must be put in the dumpsters located throughout the parking lot. Please do not flip cigarette butts on the lawn, parking area etc. Help us keep your home attractive. It is the responsibility of each tenant to pick up after themselves and their guests.

7.37 CRIMINAL ACTIVITY

NO CRIMINAL ACTIVITY OF ANY KIND WILL BE TOLERATED ON THE

PREMISES.

Any criminal activity on the premises will be grounds for immediate eviction. This includes criminal activity of any tenant, occupant or guest within the community. Criminal activity need not be charged or investigated by police authorities to be grounds for eviction.

The discharge of any firearm or other weapon within the community will be grounds for immediate eviction.

Tenants who commit criminal activity outside the community may be evicted if the activity is drug or gang related, results in the incarceration of the tenant for any length of time, or the consequences of the activity has any impact on the community (including but not limited to searching of the premises by the police, the arrest of an individual while within the apartment community, the activity involved another tenant, etc.)

Tenants are responsible for the actions of their guests and visitors. Criminal activity by a guest will result in immediate eviction of the tenant.

Criminal activity includes but is not limited to: possession, use, or sale of drugs; destruction of property of another or the community; assault of another person; threats of bodily harm to another person; theft; disturbing the peace; domestic violence; animal cruelty; possession of stolen items; harboring a criminal/fugitive; improper and/or indecent exposure; trespass; etc.

7.38 PARKING AND INOPERABLE VEHICLES

No vehicles that are unlicensed, inoperable, improperly licensed, or under repair may be parked on the premises. No vehicle that is not registered to a tenant (or which is being used by a tenant and management has been informed in writing) may be parked on the premises. No vehicle may be parked anywhere on the premises that is not specifically marked as a parking place. Vehicles that park in areas that restrict parking (viz. Handicap stalls, reserved for management, police reserved parking, etc.) must be in full compliance with that restriction.

IT IS THE POLICY OF MANAGEMENT TO TOW VEHICLES THAT ARE IN VIOLATION OF PARKING POLICY.

Such towing will be at the expense of the violator and or owner of the vehicle. Parking privileges on the premises may be revoked for any tenant found to be in constant violation of parking policies.

Covered parking, where available, is reserved for designated individuals. Vehicles parked improperly in such reserved spaces will be towed without notice at the violators expense. Trailers, boats, motor homes, campers, recreational vehicles, etc. may not be parked on the premises without prior written consent of the management. Such consent may require tenant to pay additional costs for such privilege.

CERTAIN PROPERTIES REQUIRE A PARKING PERMIT ISSUED BY THE MANAGEMENT TO PARK ONSITE.  ALL GUESTS SHOULD PARK OFF SITE UNLESS THEY HAVE RECEIVED A TEMPORARY PARKING PASS FROM THE MANAGEMENT.

7.39 DISTURBING NOISES

The premises are sound-conditioned but not sound proof. Loud noises will carry from apartment to apartment. Noise levels should be monitored to insure all tenants quiet enjoyment of their premises.

Tenants who cause excessive noise problems, as determined in the sole opinion of the

management, will be considered a nuisance and may be evicted. Obvious noise problems will not be given any warnings. Tenants must not allow parties or other activities to disturb other tenants. It shall be a nuisance that will be cause for eviction for any tenant to allow a obvious noise problem to exist or continue after 10:00 p.m. on any night or prior to 8:00 a.m. on any morning.

Televisions, stereos, musical instruments, and other amplified devices should not be used in the community unless the noise level can be maintained within the leased premises.

However, these are apartments which are attached to each other. There maybe tenants above, below, and to any side of your premises. Normal usage of any premises will result in some noise that transfers through walls, floors, and ceilings. Tenants are reminded that this is a normal part of apartment community life and that each tenant should remember that each premises is a “home” for use by those who live there.

Language is also a matter of respect and courtesy. When in the common areas and in other places within the community where others may be present or be able to hear, profanity and vulgar language will not be allowed. Threats, and abusive language will be grounds for eviction.

7.40 PETS

This community may or may not allow pets.  Pets are only allowed on the premises with Tenants who have signed a Pet Agreement.

Tenants are required to follow the specific rules and terms of the Pet Agreement and such additional regulations as promulgated by management. Violation of the Pet Agreement or having a pet on the premises without a Pet Agreement is considered a grounds for eviction.

All animals must abide by the following rules:

Outdoor droppings must be removed immediately.  Pet owners will be charged $200.00 per occurrence if droppings are not picked up.

The animal must maintained in the premises and only in the common areas as specifically necessary.

The animal may not interfere with the peaceful enjoyment of other tenants.

The animal must be on a leash at all times when outside the premises.

The tenant must repair any damage done by the animal within 10 days written notice.

7.41 POTENTIAL HAZARDS

Sidewalks, driveways, walkways, lawns, entrances, hallways, stairs, parking areas, and other public areas, shall not be obstructed at anytime. Motorcycles, bicycles, toys, clothes lines, small vehicles, etc. left in the common areas are fire safety and health hazards. Please keep the community clean and hazard free. Flammable liquids such as gasoline, kerosine, and explosives may not be stored on the premises or in storage areas. Illumination will be provided by electric devices only.

Flammable liquids such as gasoline, kerosene, naphtha, or explosives may not be stored in your apartment, private storage or furnace room area. Illumination will be provided by electric device only.

7.42 RECREATIONAL FACILITIES

This community offers many recreational facilities for its tenant’s use and enjoyment. All facilities have reasonable safety rules and precautions. However, tenants, occupants and their guests using the community’s recreational facilities does so at their own risk. Tenants agree to comply with said posted rules and regulations regarding all common areas and amenities. The facilities are provided for tenant’s use, and any guest must be accompanied by a Tenant. Each apartment is limited to a maximum of two guests at any one time. Remember tenants are personally responsible for their guests while they are in the community.

NO ALCOHOLIC BEVERAGES ARE ALLOWED IN ANY AMENITY AREAS!

The use of all common area facilities and amenities is a privilege granted to each tenant. As such, the privilege may be revoked by management.

7.43 SECURITY

Resident acknowledges that it is responsible for its own personal security and the security of its property. Owner may from time to time employ or contract with a security agency or individual for the protection of Owner’s property. Nothing Owner shall do in employment of security shall be deemed to provide any benefit to Resident or create any liability on the part of Owner.

Owner shall not be liable to any Resident for any acts of any third party, criminal or otherwise, which may cause damage to any Resident or its property.

Resident shall have the affirmative responsibility to notify Owner of any potential problems relating to individuals or property damage.

7.44 SOLICITING

Soliciting within the community is strictly forbidden. Tenants should notify the management if a solicitor appears at your door. Local advertising may be done only through the community newsletter or through the office. There is a set fee of $200 for the passing out of handbills within the community. This applies to Tenants, guests, and outside solicitors.

7.45 SPEED LIMIT ON PREMISES AND LICENSING

There is a speed limit of 10 mph inside the apartment property. Driving faster than 10 mph could endanger tenants, visitors, and other vehicles.

The speed limit enforced for motor vehicles while traveling on premises is 10 miles per hour. If you are traveling faster than this speed limit you will be issued a warning from the management. Repeated violations shall be grounds for eviction.

No person may operate a motor vehicle of any kind on the premises unless such person is properly licensed or has obtained permission of management.

7.46 COMMON AREAS

All common area, including but not limited to parking lots, stairwells, breezeways, jogging trails, laundry rooms, courtyard areas, clubrooms, sports courts, sidewalks, creeks, lakes, pools and lawns must be kept clear at all times of any trash, debris, bicycles, athletic equipment, riding and other toys.  If any such items are noticed by Management personnel and appear to be abandoned, they will be picked up and may be retrieved from the Community Manager’s office upon paying a storage fee of $25.00.  If not picked up in 30 days they may be disposed of in any manner, including possible donation to a charitable organization.

Common areas are for the use and enjoyment of all residents at the community.  No loitering is permitted.  Any resident, occupants and/or their guests conducting themselves in any unreasonable or offensive manner shall be subject to removal from the common areas and such conduct shall further constitute a breach of the lease.

For health and safety reason, residents and/or their guests may not serve alcoholic beverages in any common area.

7.47 RECREATIONAL FACILITIES (IF APPLICABLE)

Please check with the Management Office prior to using the swimming pool or other recreational facilities for the specific policies that govern their use.  Use of such facilities is prohibited after the hours posted.  Please adhere to all posted signage for your safety and protection.  For health and safety reason, persons under the age of 14 must be accompanied by mature supervision at all times.

There are no attendants present at any time at our on-site facilities (including, but not limited to pool, hot tubs, clubhouse, exercise facility, laundry rooms).  Therefore, use of our community facilities is solely at the risk of the resident, occupant and/or permitted guests.

Resident agrees to hold Owner and/or Management harmless for any and all injuries, accidents or loss suffered by Resident, occupant and/or permitted guest by reason of any use or misuse of the equipment or facilities of this community.

7.48 LAUNDRY FACILITIES (IF APPLICABLE)

Laundry facilities are available for the exclusive use by residents during the hours posted. For health and safety reason, persons under the age of 14 must be accompanied by mature supervision at all times. Clothes, laundry baskets, detergents, etc. should not be left unattended in the laundry areas.  Please remove your laundry as soon as the machine shuts off.  Management is not responsible for loss or damage to personal articles.  Please help Management in maintaining your laundry facility by disposing of lint, empty containers, softening sheets, etc., in a trash receptacle.  At no time should the laundry facility waste container be used for your daily accumulation of refuse, nor should the facilities be used as a playroom or storage area.

7.49 TRASH REMOVAL SERVICE

Please wrap all refuse securely and place it immediately in the receptacle.  Do not place garbage outside apartment door for any length of time.  Please do not place large articles such as furniture, mattresses, etc., in these areas since the removal service will not dispose of them.  Boxes should be completely collapsed before disposal.  Cigarette Butts should be disposed of properly and not thrown on the property grounds.  Anyone in violation of this policy will be charged a $25.00 fine per occurrence.

7.50 MOTORCYCLES AND MOPEDS

Motorcycles and Mopeds are permitted in this community.  They must be parked in the areas designated by Management with a small wooden board under the kickstand to prevent damage to the asphalt.  At no time may gasoline powered vehicles be stored inside the apartment or building, on a patio/balcony or next to a building, in an entranceway, on a sidewalk or under a staircase.  No explosive materials or fluids are to be stored or left in the above areas (such as gasoline or fuel grade alcohol, etc.)

7.51 CAR WASH AND REPAIR

Due to the damage caused to asphalt and landscaping by detergents and cleaning solvents, washing of cars in the community will not be permitted unless designated by Management in a specific area.  Management also asks that resident not perform any repairs such as changing oil or engine tuning on their cars in the community.

7.52 MOVING OF FURNITURE

Management reserves the right to designate the time and method for moving or removing any freight, furniture, goods, merchandise or other articles to or from the premises.  Residents may not move furniture in or out of the premises, through patio doors or through the use of elevators without Management permission.

7.53 ACCESSABILITY POLICY

It is the intent of the management of this community to provide assistance to all persons within the requirements of the Federal and State Fair Housing laws, rules, and guidelines. It is further the intent of management to assist and fully comply with requests for reasonable accommodation pursuant to the Federal and State laws regarding accessability for the disabled.

7.54 ACCESSABILITY ASSISTANCE GENERAL

Residents who reside in a handicap accessible unit and meet the current federal definition of disabled may request the following to further accommodate the disability:

Any other reasonable accommodation or repair necessary to bring the unit or the common areas into compliance with the currently existing guidelines as established by the Department of Housing and Urban Development.

Other non-required accommodations may be requested for review by management.

7.55 ACCESSABILITY ASSISTANCE PARKING

Residents who reside in a handicap accessible unit and meet the current federal definition of disabled may request the following to further accommodate the disability:

Upon request, parking will be assigned as close as possible to accommodate any disability.

In addition, if the Resident has the appropriate authorization to park in a handicap stall, a handicap accessible stall will be provided as close to the Resident’s unit as possible. If covered parking is provided to residents, a covered handicap stall will be provided as close to the Resident’s unit as possible.

In all marked handicap parking stalls, cars must display the appropriate handicap designation on the vehicle as required by law.

7.56 ACCESSIBILITY ASSISTANCE MAIL

Residents who meet the current federal definition of disabled may request the following to further accommodate the disability:

Upon request, mail will be delivered to the management office where it may be picked up by the Resident.

7.57 ACCESSABILITY ASSISTANCE CLIMATE CONTROLS

Residents who reside in a handicap accessible unit and meet the current federal definition of disabled may request the following to further accommodate the disability:

In the event the heating/cooling controls are too high as required by the federal guidelines, Tenant may request that management either lower the controls or provide a remote control unit for the controls. Management shall have the discretion to determine which option to utilize.

7.58 ACCESSABILITY ASSISTANCE ELECTRICAL OUTLETS

Residents who reside in a handicap accessible unit and meet the current federal definition of disabled may request the following to further accommodate the disability:

In the event the electrical outlets do not meet the required height, Tenant may request outlet extensions to raise the outlets to the required height.

7.59 ACCESSABILITY ASSISTANCE REFRIGERATOR

Residents who reside in a handicap accessible unit and meet the current federal definition of disabled may request the following to further accommodate the disability:

In the event the refrigerator sticks out too far to meet the accessibility dimensions required in the kitchen, tenant may request a different refrigerator that will meet the requirements. Such refrigerator may be smaller in size to meet the requirement.

7.60 ACCESSABILITY ASSISTANCE CARPET AND PADDING

Residents who reside in a handicap accessible unit and meet the current federal definition of disabled may request the following to further accommodate the disability:

Upon request, the carpet and padding in the unit will be replaced with carpet and padding that meet the accessibility requirements. This may include no padding. It is preferred that this request be made prior to moving into the unit.

7.61 SERVICE ANIMALS

In compliance with Federal regulations and as an accommodation to tenants, service animals need not have a pet deposit. Service animals are any guide dog, signal dog, or other animal trained to provide specific assistance to an individual with a disability. Service animals perform some function that the disabled individual cannot perform. Documentation may be required to establish service animals.

In some instances, an animal may not qualify as a service animal but may be required as due to a disability. This complex will give reasonable accommodation to companion animals that meet the requirements of the ADA. Companion animals require the filling out of a request by both the tenant and its medical provider.

All animals must abide by the following rules:

1. Outdoor droppings must be removed immediately.
2. The animal must maintained in the premises and only in the common areas as

specifically necessary.

1. The animal may not interfere with the peaceful enjoyment of other tenants.
2. The animal must be on a leash at all times when outside the premises.
3. The tenant must repair any damage done by the animal within 10 days written

Notice.

It is the policy of this complex to reasonably accommodate the needs of its handicapped tenants. This accommodation must be reviewed in each case to insure the peaceful enjoyment of all tenants. As a result not all animals may qualify as a reasonable.

7.62 ASSUMPTION OF LIABILITY

Neither the Owner nor the Management Company shall be liable to resident or to any person on the premises for any damage to person or property caused by the wrongful act or mission or negligence or resident, or any other persons on the premises with resident’s consent, or caused by the wrongful act or by omission or negligence of any other resident or other resident’s family, licenses or invitees.  Neither the Owner not the Management Company shall be liable for loss or damage to any property of residents or resident’s family, employees or guests at any time located in the leased premises or on any lands and/or buildings of which the leased premises are part, whether due to theft or suffered by reason of fire, rising water, rain, hail, lightning, explosion or any other cause beyond the Owner’s or Management Company’s control.  Landlord shall not be liable for any injury to property or persons resulting from any failure or interruption of any utilities or of heating, air conditioning or plumbing systems, unless such failure or interruption is due to Owner’s or Management Company’s unreasonable delay and wrongful act or omission and gross negligence following notice to Owner or Management Company of such defect or condition.  Should the resident or any other person on the premises with resident’s consent use any laundry, pool or recreational facilities connected with the land or buildings of the leased premises are a part, with or without Owner’s or Management Company’s consent, the use thereof shall be wholly at the risk of the person using the same, and neither Owner nor Management Company shall be liable for any injury to person or loss of or damage to property arising from such use.  Resident hereby releases Owner and Management Company, and their successor and assigns, from any accidents or injuries to the resident or any other person on the premises with the resident’s consent that may occur in connection with use of such facilities.  Resident hereby assumes, for the resident and any other person the premises with the resident’s consent, any and all risks from any accidents in connection with use of said facilities, and agrees that neither Owner nor the Management company shall be held liable for any such injury sustained by resident or any such persons in connection with use of said facilities.

8.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

8.2 DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

8.3 LESSOR’S DISCLOSURE

(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

(i) ______ Known lead-based paint and/or lead-based paint hazards are present in the housing

(ii) __X___ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the lessor (check (i) or (ii) below):

(i) ______ Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).

(ii) __X___ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Lessee’s Acknowledgment (initial)

(c) _______   Lessee has received copies of all information listed above.

(d) ___X___  Lessee has received the pamphlet Protect Your Family from Lead in Your Home.

Agent’s Acknowledgment (initial)

(e) ________ Agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

8.4 CERTIFICATION OF ACCURACY

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

9.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

9.2 ADDENDUM

Tenants must have a valid parking permit from the Management and must be displayed to park on site, in the parking lot.  

It is the tenant’s responsibility to ensure the parking permit is visible when parked in the parking lot.

Tenants vehicle must be currently registered with the DMV, with current license plates and tags displayed at all times.

Tenants must not park at red curbs, in front of dumpsters, fire lanes, where restricted by a sign, or in a manner that obstructs the flow of traffic.

Cars with flat tires, oil leaks, or are otherwise inoperable will be towed or booted.

All guests must park on the street unless they have received a temporary parking permit from the Management.  It is your responsibility to inform your guests of these rules.

Unreturned parking passes are subject to a $15.00 fee.

9.3 VEHICLES

All tenant(s) may not store unused vehicles on the property. All vehicles, trailers and boats kept on the property must be identified as to owners license plate numbers. Vehicles may be restricted to those on rental application.

9.4 PARKING ENFORCEMENT

All vehicles that are not listed on the rental application will be towed by our parking enforcement. All tenants and visitors are responsible for towing fees.

If towed you will need to contact Parking Enforcement at 000-000-0000.

10.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

10.1 ADDENDUM

Resident has inspected the premises and acknowledges that it is free from pests and infestations.

RESIDENT AGREES NOT TO BRING INTO THE PREMISES ANY PESTS OR MATERIALS THAT MAY CONTAIN PESTS RESIDENT AGREES TO MAINTAIN THE CLEANLINESS OF THE PREMISES TO DISCOURAGE PESTS

It is acknowledged that most pest problems result from the actions of residents and that such problems often cannot be detected by Owner. Resident acknowledges and warrants that any and all furnishings, clothing, food items, and other materials that are brought into the premises or upon Owner’s property are free from any type of pest infestation including but not limited to bed bugs, mice, and cockroaches. Resident warrants and represents that none of the items brought onto Owner’s property or within the premises have been exposed to such pests and that all such items have been inspected by Resident. Resident agrees that during its tenancy, it will warrant to Owner that no infested items will be brought into the premises or on Owner’s property. 

Resident agrees that it will be responsible for all costs relating to removal, extermination, control, cleanup, and management of pests which are either brought in by Resident, its guests, occupants, or others (intentionally or not). Resident further agrees to be responsible for all costs relating to removal, extermination, control, cleanup, and management of pests which exist or whose existence is supported by the actions or inactions of Resident, particularly issues relating to cleanliness of the premises. Pests include but are not limited to cockroaches, bed bugs, mice, ants, and moths.

Resident agrees to assist in enforcement of this provision by reporting to management any violations. Resident agrees to notify Owner immediately of any infestation of any pests within the premises. Resident shall not hire its own pest control professionals but shall work with Owner to have appropriate and approved pest control professionals conduct all work. All costs related to resolution of any pest problem shall be the responsibility of Resident. In the event it is necessary for Owner to obtain pest control for another unit, a whole building, or the entire community, Resident agrees that it will pay its pro-rata share of the costs relating to such pest control regardless of the source of the pest problem.

It is agreed and acknowledged that a pest problem may spread to other units. Failure to Resident to notify Owner and take appropriate action may result in additional units becoming infested. All costs relating to resolution any pest infestation that is caused or exacerbated by Resident shall be paid by Resident. These costs include but are not limited to actual costs of pest control/extermination, loss of rents, replacement of infested/damaged materials, and any such other costs as may be incurred. Violation of this provision is grounds for eviction. Resident agrees that it shall hold harmless Owner from any and all damages relating to pests within the premises; extermination, control or cleanup of pests; damages to personal property from pests; and any and all other damages relating to pests, regardless of their source.

11.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

11.1 INSURANCE ADDENDUM

This Addendum is attached to and becomes a part of the Residential Lease Agreement.  For the duration of the Lease Agreement, Lessee is required to maintain and provide the following minimum required insurance coverage:

$100,000 Limit of Liability for Lessee’s legal liability for damage to the landlord’s property for no less than the following causes of loss: fire, smoke, explosion, backup or overflow of sewer, drain or sump, and water damage (“Required Insurance”).

Lessee is required to furnish Lessor with evidence of Required Insurance prior to occupancy of leased premises and at the time of each lease renewal period.  If at any time Lessee does not have Required Insurance, Lessee is in breach of the Lease Agreement and Lessor shall have, in addition to any other rights under the Lease Agreement, the right but not the obligation to purchase Required Insurance coverage and seek reimbursement from the Lessee for all costs and expenses associated with such purchase. 

Lessee may obtain Required Insurance from an insurance agent or insurance company of Lessee’s choice.  If Lessee furnishes evidence of such insurance and maintains the insurance for the duration of the Lease Agreement, then nothing more is required.  If Lessee does not maintain Required Insurance, the insurance requirement of this Lease Agreement may be satisfied by Lessor, who may schedule the Lessee’s unit for coverage under the Landlord’s Required Resident Liability insurance policy (“LRRL”).  The coverage provided under the LRRL will provide the Required Insurance coverage listed above.  An amount equal to the total cost to the Lessor for the LRRL coverage shall be charged to Lessee by the Lessor.  Some important points of this coverage, which Lessee should understand are:

1. LRRL is designed to fulfill the insurance requirement of the Lease Agreement.  Lessor is the Insured under the LRRL.  Lessee is not the insured under the LRRL policy. 
2. LRRL coverage is not personal liability insurance or renters insurance. Lessor makes no representation that LRRL covers the Lessee’s additional living expenses or liability arising out of bodily injury or property damage to any third party.  If Lessee requires any of these coverages, then Lessee should contact an insurance agent or insurance company of Lessee’s choice. 
3. Coverage under the LRRL policy may be more expensive than the cost of Required Insurance obtainable by Lessee elsewhere.  At any time, Lessee may contact an agent of their choice for insurance options to satisfy the Required Insurance under this Lease Agreement. 
4. Licensed insurance agents may receive a commission on the LRRL policy. 
5. The total cost to the Lessee for the LRRL coverage shall be nine dollars and fifty cents Dollars ($9.50) per month.

Scheduling under the LRRL policy is not mandatory and Lessee may purchase Required Insurance from an insurance agent or insurance company of Lessee’s choice at any time and coverage under the LRRL policy will be terminated by the Lessor.

12.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

12.2 SMOKING IS NOT ALLOWED ON PREMISES

1. Definition of Smoking – The term “smoking” means inhaling, exhaling, using, carrying or disposing of any lighted cigar, cigarette or tobacco product or similar lighted product in any manner or in any form. 
2. Purpose of No-Smoking Policy – Owner has instituted a No-Smoking Policy (“Policy”) at Premises to mitigate the increased maintenance, cleaning and turnover costs from smoking; the increased risk of fires caused by smoking; and the higher costs of fire insurance for a building in which smoking is permitted.  Under the Policy, smoking is not permitted in common areas, patios and balconies, clubhouse, parking lots, amenities, inside units and any and all other areas which are owned and/or controlled by the Owner.  It is the intent of this agreement to prohibit smoking in as broad an area as possible and legal.
3. Agreement to Maintain Smoke-Free Apartments – Resident agrees and acknowledges that the Apartment to be occupied by Resident and members of Resident’s household is located in a building that has been designated as a smoke-free living environment under the Policy.  Resident, members of Resident’s household and Resident’s guests and visitors shall comply with the Policy by not smoking anywhere in the Apartment, on the Apartment’s patio or balcony, or anywhere on the Premises.
4. Acknowledgement that Existing Residents May Smoke – Resident acknowledges that existing residents are not required to comply with the policy and may continue to smoke in the non-smoking section of the building until their leases expire. 
5. Resident’s Responsibility Under Policy – Resident shall inform members of Resident’ household and Resident’s guest and visitors of Policy.  Resident shall be responsible for any violation of Addendum by Resident’s household member, guest or visitor.  Resident acknowledges that smoking damages the Premises and agrees to pay for any such damages.  Further, Resident shall promptly notify Owner of any violations of the Policy that Resident observes.
6. No Guarantee of Smoke-Free Environment – Resident acknowledges that Owners adoption of the Policy at the Premises does not guarantee a smoke-free environment in the Apartment and in the building containing the Apartment.  Resident acknowledges that smoke from outside the Premises or from adjoining premises may drift into the Apartment even though it may be prohibited.  Owner shall use its best effort to enforce the Policy.  This Addendum does not grant to Resident any rights in the event smoking occurs on the Premises.  Resident still waives any right to a cause of action for a nuisance pursuant to Utah Code 78-38-1(3) (smoke and second hand smoke) and holds Owner harmless for any damages related to smoke.  This waiver applies to all occupants and minors.  Owner is not required to take steps in response to violations of the Policy unless owner has actual knowledge of said violation or has been given written notice of said violation. 
7. 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 the by the Owner.  Resident shall be responsible for all damages and costs associated with the termination of the Lease.
8. Disclaimer by Owner – Resident Acknowledges that the Owner’s adoption of the Policy does not in any way change the standard of care the Owner or its managing agent has to the Resident and the Apartment.  This agreement shall not place greater liability on Owner.  Owner specifically disclaims any implied or expressed 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.  Owner does not warrant or promise that the Apartment or the building containing the Apartment will be smoke-free.  Resident acknowledges that the Owner’s ability police, monitor or enforce the Policy is dependent in significant part on the voluntary compliance by Resident, members of the Resident’s household and Resident’s guests and visitors.
9. 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.

13.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

13.2 PERSONAL RESPONSIBILITY ADDENDUM

It is acknowledged that it is impossible to completely clear all areas of snow and ice. Resident agrees to assume and accept liability and responsibility for it, it’s occupants, and it’s guests safety while utilizing the walkways, stairways, parking lots, and driveways of the Owner’s property. Resident shall supervise and assist all guests, minors, and occupants while on the premises. Owner shall only be liable for damages in the event of gross negligence by Owner in refusing to rectify a known defect that causes ice accumulation. Residents, occupants, and guests accept the risk of walking upon areas that have snow or ice accumulation. It is acknowledged that ice may form underneath snow accumulation and that there may be other unseen hazards under any snow, Resident acknowledges this and agrees to assume the risks associated with such. It is Residents obligation and responsibility to inform occupants and guests of this limitation in liability and to indemnify Owner from any claims relating to snow and ice.

Residents agree to notify Owner or its agents of any and all defects or of places where there could be a problem with ice or snow accumulation. Residents agree to take all steps necessary to assist in maintaining the safety of the walkways, stairways, parking lots and driveways. Resident agrees to hold harmless and indemnify Owner from any liability relating to damages from snow or ice sustained by Resident, it’s guests, occupants, or other visitors and their property. Resident agrees to disclose and advise its guests as to this policy and agrees to indemnify Owner from any liability associated with claims from such guests.

14.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

14.2 LEASE ADDENDUM

In consideration of the execution or renewal of a lease of the rental dwelling unit identified in the lease, Carlston Properties LLC (“Landlord”) and Resident(s)  __________________ (Resident) agree as follows:

1. Resident, any members of the Resident’s household or a guest or other person under the Resident’s control shall not engage in criminal activity, including drug-related criminal activity, on or near said premises. “Drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance.
2. Resident, any member of the Resident’s household or guest or other person under the Resident’s control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the said premises.
3. Resident or members of the household will not permit the dwelling unit to be used for, or facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.
4. Resident, any member of the Resident’s household, or guest or another person under the Resident’s control shall not engage in any illegal activity including prostitution, criminal street gang activity, threats, intimidation or stalking, assault, the unlawful discharge of firearms, on or near the dwelling unit premises; in any breach of the lease agreement that otherwise jeopardizes the health, safety, and welfare of the Landlord, his agent or other tenants; or involves imminent or actual serious property damage.
5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and a material and irreparable non-compliance. It is understood that a single violation shall be good cause for immediate termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by substantial evidence of the type reasonably relied upon by property managers in the usual and regular course of business.
6. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern.
7. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Landlord and Resident.

The Landlord will provide two annual meetings with tenants to discuss tenant concerns and review rental dwelling licensing rules. It is the responsibility of owner/landlord/management to see that persons occupying the property conduct themselves in a manner that will not cause the property to be disorderly. A property is disorderly when any of the following activities occur:

• Overcrowding
• Prostitution
• Indecent Conduct
• Participation in Disorderly Conduct
• Loud Parties, gatherings or other unnecessary loud noises
• Unlawful possession, transportation, sale, or use of weapon
• Unlawful possession of controlled substances
• Contributing to the delinquency of a minor
• Assaults
• Gambling
• Obscenity

15.1 PARTIES

This addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for leasing a residential rental unit.

Resident(s): Tenant Name

Premises: , The Country Corner

123 Street

City, State 00000

15.2 SECOND HAND SMOKE

Smoking may or may not be allowed on the premises. However, Owner may restrict smoking altogether at any time. Resident waives any right to a cause of action for a nuisance pursuant to Utah Code 78B-6-1001(3) (smoke and second hand smoke) and 78B-6-1106, and holds Owner harmless for any damages relating to smoke.Resident acknowledges that it has been informed that smoke from outside the premises or from adjoining premises may drift into Resident’s premises. Resident specifically agrees to abide by the smoking policies of Owner which may prohibit smoking. This waiver shall apply to all residents, occupants, guests, and minors. Second hand smoke is defined as a nuisance and may be a cause for eviction. Resident shall abide by any regulations promulgated by Owner regarding smoking. Further Resident acknowledges that smoking damages the premises and agrees to pay for any such damage.

15.3 LANDLORD’S LIEN

By this Agreement, Resident grants to Owner a security interest in any and all property which is placed on the property of Owner pursuant to the Resident’s occupancy of the Premises. This shall include any and all property in the Premises, storage areas, parking lots, common areas, or other Premises of Owner. The right to execute upon this security interest shall become effective upon any rent or fees being due and unpaid. Owner shall have the right to retain such property and utilize it to satisfy any monies due under this Agreement. Owner may file a security filing with any governmental agency as notice of this Lien. This security interest shall be deemed effective against all property in the premises and shall be in addition to the statutory Landlord’s Lien. Owner may inspect the Premises at any time that there is an unpaid balance due for purposes of preparing an inventory of the secured items. Sale of items under this provision may take place with seven (7) days written notice to the last known address of Resident. Resident agrees to waiver of notice of the sale, to the sale being a public auction, notices to be posted at the location of the sale and listed in the electronic version of the local paper, and to be held at such location as determined by Owner.

15.4 GENERAL

Monthly Rent is due on or before the first day of each month by 5:00 p.m. Rent paid after such date and time is delinquent. If all rent and other accrued fees are not paid on or before the date stated before 5:00 p.m., Resident agrees to pay a late charge as stated . Any check returned shall accrue such additional charges as allowed by law which shall be in addition to the late fees. In the event, Owner determines to serve any notice upon Resident due to Resident’s failure to pay rent or for Resident’s violation of the rules and regulations, Resident shall be liable to Owner for Service of Notice Fee. Such fee shall be set by Owner between $10 and $40 per service. Owner may without notice require payments in money orders or cash. Acceptance of personal checks is not required. As used in this agreement, rent shall mean all obligations of this agreement owed to Owner including but not limited to monthly rent, late fees, service fees, attorney fees, damages, month to month fees, court costs, and security deposits. However, for accounting purposes only, payments shall be applied in the following order, first to damages, security deposits, late fees, services fees, month to month fees, court costs, attorney fees, any and all other amounts due, and lastly to rent. Resident’s right to possession and all Owner’s obligations are expressly contingent on prompt payment of rent, and use of the premises by Resident is obtained only on the condition that the rent is paid on time. Payment of rent shall be an independent covenant and all monies received by Owner shall be applied first to non-rental obligations of Resident, then to the oldest rental amounts due, regardless of notations on checks. Each Resident does hereby grant to each of the other Residents herein the power to sign documents binding all of the Residents as it may pertain to this tenancy and this agreement. By this agreement each resident herein grants a power of attorney to each other resident to bind all residents as it pertains to this agreement, addendums, notices, and pleadings which relate to this tenancy.

15.5 EARLY VACATE

If Resident does not fulfill the entire term above (even if such failure is due to eviction by Owner), Resident shall be liable to Owner for the costs incurred by Owner as a result of the early termination. These costs are in addition to the other damages and rent (including future rent) that may be assessed pursuant to this agreement. They may include, but are not limited to: leasing agent costs, advertising expenses, turnover expenses, and such other costs incidental to re-renting the premises.

15.6 MISCELLANEOUS DEFAULT PROVISIONS

Owner’s past delay or non-enforcement of rent payment due date or any other provision hereof shall not be a waiver thereof under any circumstances. In any lawsuit involving statutory or contractual obligations of Owner or Resident, the prevailing party shall be entitled to recover attorney’s fees and all other costs of litigation from the non-prevailing party. All amounts past due and/or in any lawsuit judgment shall bear interest from due date at the rate of twenty four percent (24%) per annum compounded daily. Any clause declared invalid by law shall not invalidate the remainder of this agreement. In the event Resident brings a claim against Owner or its agents with a state or federal agency, Owner shall be entitled to recover any attorney fees or costs and damages for its time (including an hourly rate for Owner or its agents time) if the agency fails to make a finding against Owner.

15.7 RIGHT  OF ENTRY

Owner may enter the premises during reasonable hours with or without notice in order to inspect, make repairs, provide general or preventive maintenance, replace filters, leave any notices or other reasonable business purposes while Resident is present in the Premises. If resident is not present at the Premises, then owner will have the same right to make such entries by duplicate or master key but will leave written notice of and the reason for any such entry made. If, in Owner’s opinion, there exists an emergency or any violation of this agreement exists, Owner may enter without notice at any time for any inspection, repair, or to determine the condition or occupancy of the premises.

15.8 CONTAMINATION

Resident agrees to defend, indemnify and hold harmless Owner against any and all claims, actions, causes of action, demands, liabilities, losses, damages, and expenses of any kind, including but not limited to, attorney’s fees and court costs, that may be made as against Owner (its officers, directors, employees, agents, managers, and affiliates) as a result of or arising out of the growth or proliferation of mold or mildew or other contaminations or infestations in the premises caused by actions, inactions, omissions, carelessness, or negligence of Resident or any guest or occupant within the premises. 

Resident further agrees that it will not cause, hire, or conduct any inspection or testing to be done in the premises for any type of contamination or infestation but may request that Owner conduct such testing provided Resident prepays the costs of such testing. Owner shall have the right to retain the third party certified testing of its choice.

 The results of such testing shall be the property of Owner who shall only be obligated to disclose positive results exceeding the legal limits. Resident further agrees that Owner shall not be liable for any damages caused to Resident, Resident’s guests, occupants, or any property within the premises resulting from mold, mildew or any other contamination or infestation. Resident shall indemnify Owner from any liability relating to mold, mildew, or any other contamination or infestation resulting in damages to any person or property within Resident’s premises regardless of the source. Resident agrees to immediately notify Owner of the existence of any mold, mildew, or other contamination or infestation within the premises. Failure by Resident to diligently inspect and notify Owner of mold or contamination or infestation issues will result in Resident being liable for the damages to the premises caused by the mold or contamination or infestation.

15.9 PRECEDENT OVER LEASE

In the event there is a conflict in the terms of the lease and this addendum, the terms and conditions of the addendum shall apply. This addendum shall apply to all renewals or transfers of Premises.

15.10 OWNER’S ADDRESS FOR NOTICES

Community Name (Owner) The Country Corner

Address: 3685 South Eastwood Drive Salt Lake City Utah 84109

15.11 BURING WITHIN HOUSE/PROPERTIES

Under no circumstances may wood, coal, or propane be burned within the house.

15.12 BURNING OF TRASH

No burning (including trash) is allowed on the property.