Residential Lease Agreement
This lease agreement is entered into between LANDLORD and TENANT and is intended for the sole purpose of identifying the terms of the LANDLORD/TENANT relationship the parties wish to enter into. The CONDITIONS and TERMS of said relations are as follows:
PROPERTY address: Park’s Edge Unit V4 – 13577 N Hillclimb Ln, Kamas, Utah, 84036 United States
RENT and CLEANING FEE:
In the event that RENT and CLEANING FEE is not paid within five days after the due date by 5pm MST, a $50 USD late fee will be accessed. LANDLORD will immediately begin the eviction process within 14 days of notice of failure to pay RENT and CLEANING FEE and an additional fee to TENANT of $75 USD will be charged plus any fees incurred as stated in EVICTION FEES of this agreement.
INITIAL DEPOSIT: TENANT shall pay LANDLORD an initial deposit prior to occupancy to secure TENANTs faithful performance of the terms of this agreement. The initial deposit ????? TENANT shall NOT have the right to apply the DAMAGE FEE to payment of last months’ RENT. Within 30 days after all TENANTs have vacated, the LANDLORD shall either return the refundable DAMAGE FEE or if there is damage to the rented PROPERTY, provide a written notice explaining why the DAMAGE FEE is being retained pursuant to Utah Code Ann57-17-1 through 1-3. LANDLORD may use the DAMAGE FEE for unusual cleaning required of the PROPERTY, for any unusual wear and tear to the PROPERTY or common areas, and for any RENT or other sums owed pursuant to this lease agreement.
NON-FULFILLMENT OF LEASE: In the event that TENANT fails to fulfill the lease TERM agreement, TENANT will remain responsible for the remainder of the lease terms or until the PROPERTY is refilled, in addition all deposits held will be forfeit.
CONDITION OF PROPERTY: The LANDLORD acknowledges that the PROPERTY has been inspected, including floor and window coverings, appliances, paint, fixtures and appliances, and has found them to be clean and in complete working order. The TENANT, upon occupancy, will inspect the PROPERTY and provide written notice within 3 days of any conditions on the PROPERTY that are not in working order. Repairs will be made as stated in REPAIRS BY LANDLORD section.
TENANT promises to maintain the PROPERTY in a clean, safe and sanitary manner, and to return the PROPERTY in a condition identical to that which existed when TENANT took occupancy, excepting normal wear and tear. TENANT shall reimburse LANDLORD for any sums necessary to repair or replace any item that needs service due to the misuse or negligence of TENANT or TENANT’s family, guests and invitees, whether welcome or not.
Upon vacating the PROPERTY, TENANT can request LANDLORD complete a walkthrough with TENANT for the purpose of determining the condition of the PROPERTY and the disposition of the DAMAGE FEE. Such a request must be made in writing 30 days prior to the end of the TERM.
CLEANING SERVICE PROVIDED: For the CLEANING FEE, every other week, the cleaning service for the PROPERTY will vacuum all floors and rooms, mop all the tile floors, wipe dust from window seals, bed frames and furniture, wipe off the granite tops in the kitchen and bathrooms, launder towels and sheets and remake beds with extra sheets. The LANDLORD will provide the cleaning service with all materials and equipment needed to perform the service. The service will contact TENANT to schedule the service on a weekday and time convenient for TENANT.
USE & OCCUPANTS: The PROPERTY is rented for residential use only and shall be occupied only by TENANT and other occupants as indicated above. LANDLORD can, with written consent, authorize additional persons to occupy the PROPERTY.
TENANT shall use the PROPERTY for legal purposes only and any other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc.; shall cause termination of this agreement with no refund of rents or deposits. TENANT agrees that Fireworks and other hazardous materials shall not be used in or around the PROPERTY. Only legally owned and permitted firearms shall be allowed on the PROPERTY according to State and local laws.
TENANT or TENANT’s family, guests or invitees shall behave in a civilized manner and shall be good neighbors, respecting the rights of the surrounding PROPERTY owners and the rules of the PROPERTY management association. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding PROPERTY owners. Quiet hours start at 11pm and outdoor noise should be kept to a bare minimum.
TENANT or TENANT’s family, guests or invitees may NOT smoke or use electronic cigarettes or vapor devices in or on the PROPERTY for any reason. TENANT’s failure to comply will be cause for accessing a $125 USD fee, plus cleaning costs and forfeiture of this lease.
TENANT or TENANT’s family, guests and invitees may NOT bring pets, of any kind, on the PROPERTY, even temporarily, without the prior written consent of the LANDLORD. TENANT’s failure to comply will be cause for accessing a $125 USD fee and forfeiture of this lease.
The PROPERTY has a fire extinguisher available on each floor, which TENANT will locate upon arrival. It is the duty of TENANT to inform LANDLORD immediately should the fire extinguisher be discharged and become less than fully charged. TENANT agrees to use the fire extinguisher only for true emergencies.
The highest speed, 50mb, Internet service available in Park’s Edge area and Cable TV as well as other utilities are included in the PROPERTY. Wireless Internet, Cable TV, and utilities are provided as a convenience only and are not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences.
SUBLETTING OR ASSIGNING: TENANT shall not assign or sublet the PROPERTY, or any part thereof, without the prior written consent of LANDLORD.
LANDLORD’S RIGHT OF ENTRY AND INSPECTION: LANDLORD and their agents may enter the PROPERTY during normal business hours and upon reasonable advance notice of at least 24 hours to TENANT, for the purpose of inspection or repair of the PROPERTY, or to show the PROPERTY to prospective TENANTs, purchasers, lenders, appraisers, insurance agents, or other product or service providers. In case of an emergency, no notice need be given.
REPAIRS BY LANDLORD: It is TENANTs responsibility to make LANDLORD aware of all needed repairs and damages. If needed repairs and damages are not reported within 3 business days, TENANT will be held responsible for cost of all damages and repairs regardless of fault. Except in an emergency situation, TENANT shall notify the LANDLORD in writing of all requests for service and repairs. LANDLORD shall act with reasonable diligence in making repairs that are the responsibility of LANDLORD. RENT shall not abate, and TENANT may not withhold RENT during such period necessary to affect LANDLORD’s repairs. Pursuant to Utah Code Ann 57-22-4, LANDLORD may refuse to correct or remedy any condition caused by TENANT or TENANT’s family, guests or invitees by inappropriate use or misuse of the PROPERTY during the TERM or any extension of it.
TENANT’S INSURANCE: TENANT is advised to secure a personal PROPERTY insurance policy to cover any losses sustained to TENANT’s personal belongings or vehicle. LANDLORD does not maintain insurance to cover losses to TENANT’s personal property. TENANT’s omission to maintain such a policy shall constitute a complete waiver of any right that may exist in TENANT to seek damages against LANDLORD for losses to TENANT’s personal PROPERTY.
If the PROPERTY or any other part of the building is damaged by fire or water or other casualty resulting from any act of negligence of the TENANT or TENANT’s family, guests or invitees, RENT shall not be diminished or abated while such damages are under repair, and TENANT shall be responsible for the costs of repair not covered by LANDLORD’s insurance.
ABANDONMENT: Pursuant to Utah Code Ann. 78-36-12.3, abandonment shall be presumed in either of the following two situations: (1) TENANT fails to pay RENT within 15 days after the due date, TENANT fails to notify the LANDLORD that TENANT will be absent from the PROPERTY, and there is no reasonable evidence that TENANT is occupying the PROPERTY other than the presence of TENANT’s personal PROPERTY. Or: (2) The RENT has been due and unpaid for 1 day or more, TENANT fails to notify the LANDLORD that TENANT will be absent from the PROPERTY. In the event of abandonment as above described, LANDLORD will retake the PROPERTY and endeavor to re-RENT the PROPERTY at a fair market value for the TENANT’s benefit. The TENANT will remain liable for all RENTs and other sums due under this lease. The LANDLORD will remove and store for 30 days any personal property left by TENANT, after which time it will be sold or donated to charity unless TENANT pays the actual moving and storage costs within such 30-day period, as per procedure enumerated in Utah Code Ann 78-36-12.6.
EVICTION FEES: In the event that any party, to enforce the terms of this lease or to recover possession of the PROPERTY, undertakes legal action, the prevailing party shall be entitled to recover from the other party all costs incurred in connection with such action, including reasonable attorney fees and collection costs, with or without suit.
MAINTAIN A REASONABLE AMOUNT OF HEAT: In cold weather the TENANT is responsible to maintain a reasonable amount of heat in the PROPERTY to prevent damage to the PROPERTY. Damages, if any, from failure to maintain heat will be the TENTANT’s liability.
ENTIRE AGREEMENT: The above stated “agreement”, including any attachments incorporated by reference, constitutes the complete and final agreement of LANDLORD and TENANT and supersedes any prior oral or written representations or understandings. Moreover, TENANT has been admonished to seek legal advice prior to entering into the agreement, however TENANT acknowledges having relied solely on TENANT’s own judgment in entering into this agreement.