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May 25, 2012, 09:47:43 PM

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Real Estate Investing Forums  |  Real Estate Investing  |  Rehabbing, Landlording Forum (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: House Rules? « previous next »
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Author Topic: House Rules?  (Read 461 times)
jfpen
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« on: February 24, 2010, 07:20:44 PM »

Does anyone have an example of what rules govern your rentals? I'm just curious as to what I should consider. Thanks and take care.

JP
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justin0419
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« Reply #1 on: February 24, 2010, 08:04:48 PM »

From our policy sheet handed out w/ our application:

Occupancy -   In accordance with Federal Fair Housing guidelines, occupancy shall be limited to two people per bedroom plus one.
   
Tenant History -   We don’t accept anyone who has the following history:
                                                Evictions past 5 yrs
         Utilities shutoff past year
         Felony past 5 years
         >2 Misdemeanors past 5 yrs
         Drug activity past 5 yrs

Equal Opportunity -   We do not discriminate based on race, religion, creed, national origin, handicap, sex, or familial status.  We reserve the right to accept or deny tenancy for any other reason as we see fit outside of Federal Fair Housing guidelines.

Move-in Rent, Deposit, & Payment Policy - Deposit and first month’s rent must be paid by cash or money order in full prior to receiving keys.  Following monthly rent can be paid by check.  If check is ever returned due to insufficient funds, you will be charged the NSF fee as determined by our financial institution as well as any applicable late fees.  In addition, all further rent shall be paid by money order only. 
NOTE:  Deposit may NOT be used to pay last month’s rent.  The deposit is held for damages.

Utilities -    Any applicable utilities shall be placed in your name prior to receiving keys.

Deposit Return -     Your deposit shall be returned in a timely manner after you have moved and returned the keys.  Any damage beyond what can reasonably be considered normal wear and tear, any applicable late fees, and any unpaid rents shall be deducted from your deposit.  You will be provided an itemized list of expenses and reasonable labor costs deducted from the deposit.  The resulting amount will be sent to you after a move out inspection by a company agent.

Move out cleaning -    Residents are expected to properly clean the units in order to avoid a cleaning fee from being deducted from the deposit.  Cleaning items should include but not be limited to:  appliances (inside and out), wipe out drawers, clean A/C filter, window coverings, sinks, bath/shower, toilet, carpet/tile/wood floors.

Right of Peaceful Enjoyment -    
You will generally be notified in advance by letter or telephonec all of entry into your unit, however, we reserve the right to enter at any time in case of emergency. 


From the lease:


All rent payments are to be sent to the following address:
   BUSINESS ADDRESS

All checks/money orders shall be made out to:  BUSINESS NAME

Resident will be charged any applicable fees levied by Landlord’s bank as a result of a dishonored check (and applicable late fees will accrue if rent was late because check was dishonored for payment). 
Resident hereby agrees if the property is retained by him/her after the minimum rental period, all conditions and terms as stated remain effective with the exception of rental amount.  Landlord reserves the right to renegotiate the rent amount when the property is being rented in a month-to-month status. 

Late Fees:
Payments postmarked after the 5th day of the month will incur a $15 penalty immediately and a $5 penalty for each additional day they are late. 

Security Deposit:
Resident submits   XXX     for a security deposit on the rental unit.  Receipt will be provided for the deposit.  The deposit is to be returned within 30 days of termination of this tenancy, minus the cost of professional carpet cleaning, provided 30 day written notice is given, keys to said property are returned to agent, premises are left in acceptable condition, all garbage/personal items/items not owned by Landlord have been removed from premises, and said Resident or associates of Resident have caused no damage to property (except usual deteriorations), and owes no rents or penalties to Landlord.
In the event Resident terminates the lease prior to its expiration date, or violates any provision under this Agreement, the entire security deposit shall be forfeited as a charge for Landlord’s efforts in securing a new Resident, but Landlord reserves the right to seek additional damages if they exceed the security deposit.

Utilities:
Resident hereby agrees to transfer of electric service into Resident’s name as of date the lease starts. 
ELECTRIC COMPANY is the electric utility provider.  Call 1-888-XXX-XXXX for service.                             




Initials: __________                                          Page 1 of 4


Maintenance:
Resident has examined the property, acknowledges it to be in good repair, and accepts its condition “as is.”  The Unit and associated property shall be kept clean and free of garbage, trash, and debris.  No condition shall be allowed to develop that would be unsanitary; that would produce offensive odors; or would attract roaches, rodents, or other pests.  The Unit (especially tub and shower areas) shall be kept free of mildew and mold.
Resident is expected to clean A/C filters and replace furnace filters as applicable on a monthly basis during the months of their respective use.

Insurance:
BUSINESS NAME maintains insurance on the structure and all appliances/fixtures/furniture owned by the Landlord.  Our policy does not cover your personal belongings.  If you wish to insure your belongings, you must purchase a separate renter’s insurance policy. 

Locks:
Resident is prohibited from adding or changing locks on the premises.  Landlord shall at all times have keys for access to the premises for inspection, maintenance, pest control, and in case of emergencies.  Resident shall be charged $30 in the event of a lock-out when Landlord comes to let Resident in premises.

Occupancy and Use:
In accordance with Federal Housing Guidelines, maximum occupancy shall be two people per bedroom plus one extra person.  Resident shall not cause a nuisance for Landlord, neighbors, or other Residents.  Such nuisance shall include, but not be limited to, excessive noise.  Guest staying for more than 14 days on one occasion, or more than 21 days in one year, shall require Landlord’s written permission.  Failure to secure Landlord’s written permission for said Guests staying in excess of guidelines shall be a violation of this lease.

Lawn:
Resident will be responsible for all yard maintenance. 

Access:
Resident shall be afforded peaceful enjoyment of the premises.  Landlord does reserve the right to enter the Unit for purposes of inspection, maintenance, pest control, and in case of emergency.

Pets:
Acceptable pets at this property include birds, fish, and hamsters/gerbils.  These pets shall be properly confined in a cage/aquarium as applicable.  Any proposed pets besides those specifically listed here shall be negotiated with the Landlord prior to bringing them to the premises.

Parking:
In accordance with State Law, all vehicles parked on the side of the street shall be properly licensed and insured.  Resident shall keep no more than ____ vehicles on the premises.

Alterations:
Resident shall make no alterations to the property beyond small nails in walls for hanging pictures without the written consent of the Landlord.  Any approved alterations or improvements shall become the property of the Landlord upon lease termination (unless Landlord deems otherwise in writing).

Smoke Detectors:
Resident shall be responsible for keeping smoke detectors operational and changing the battery when needed.  Smoke detectors should be periodically cleaned and tested on a monthly basis.

Repairs:
Resident is wholly responsible for the cost of the following repairs: (1) repair of Resident (or Resident’s Guests, Family, and Acquaintances) caused damages; (2) replacement of broken glass; (3) repair of ripped screens; (4) un-stopping drains when blockage is Resident caused; (5) repair of excess damages caused by Resident’s failure to promptly notify Landlord of need for repair; (6) damage caused by Resident’s failure to take reasonable measures to protect the premises until repairs could be made.
For all other repair issues, please call BUSINESS PHONE

Initials: __________                                          Page 2 of 4

Vacancy and Cleaning:
Upon vacancy of the Unit, Resident is responsible for leaving the Unit in the same clean condition as when Resident commenced the lease.  “Clean” includes, but it not limited to:  bathroom thoroughly cleaned, carpet shampooed, floors mopped, walls clean, kitchen appliances cleaned inside & out, and Unit otherwise suitable for immediate occupancy.  If the premises are not vacated in “clean” condition, the cost of returning the Unit to its “clean” condition will be deducted from the security deposit or charged to Resident as applicable.

Abandonment:
In the event Resident abandons the Unit prior to the expiration of the lease, Landlord may relet the premises and hold Resident liable for any costs, lost rent, or damage to the Unit or premises.  Landlord may dispose of any property abandoned by Resident.

Waiver: 
Any failure by Landlord to exercise any rights under this Agreement shall not constitute a waiver of Landlord’s rights.

Severability:
In the event any section of this Agreement shall be held to be invalid, all remaining provisions shall remain in full force and effect.  In addition, all Residents listed on lease are joint and severally liable for all provisions of this Agreement.

Attorney’s Fees:
The Resident covenants and agrees to pay and discharge all reasonable costs, attorney’s fees, collection agency fees and expenses that shall be made and incurred by the Landlord in enforcing the covenants and agreements of this lease; and all parties to this lease agree that the covenants and agreements herein contained shall be binding.   
Early Lease Termination:
In the event the Resident wishes to end the lease prior to the lease end date, Resident shall be responsible for the full month’s rent of the current month and an additional amount equal to two months of rent. 

Indemnification:
Landlord shall not be liable for any damage or injury of or to the Resident, Resident's family, guests, invitees, agents or employees or to any person entering the Premises or to goods or equipment in the structure, and Resident hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 

Lead Disclosure:
Resident acknowledges receiving the EPA pamphlet “Protect Your Family From Lead in Your Home” and will sign accompanying disclosure associated with lead based paint/hazards for Landlord to keep on file.

Terms & Conditions:
*Said premises are not to be used for unlawful purposes.
*Said Resident shall give 30 days written notice of intent to vacate said premises.
*All payments shall be paid in advance of residency or said payments shall be considered overdue.
*Said Resident shall not lease, sublease, rent, or give access to the premises without written permission of Landlord. 
*Said Resident is responsible for all normal household maintenance, for Resident’s space only.
*Failure of said Resident to pay rent in advance or failure to comply with any terms or conditions of this agreement, which shall at the option of the Landlord constitute a breach of this agreement, will cause Resident to forfeit all rights under this agreement.
*Said Resident shall immediately notify Landlord of all known dangers and hazards.

Modification: 
The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 


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Real Estate Investing Forums  |  Real Estate Investing  |  Rehabbing, Landlording Forum (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: House Rules? « previous next »
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