Residential Lease Terms and Conditions
This lease agreement is entered into between LANDLORD and TENANT. The TENANT is defined as the person(s) requesting and named in the BOOKING REQUEST plus the TENANT’s family, guests and invitees, whether welcome or not. The BOOKING REQUEST is the emailed information provided from the website and delivered to the TENANT in a confirming e-mail. The TERM is the length of time specified in the BOOKING REQUEST as agreed upon with the Landlord in the confirming e-mail. The Terms and Conditions below are intended for the sole purpose of identifying the terms of the LANDLORD/TENANT relationship the parties wish to enter into.
The Terms and Conditions relate to the PROPERTY defined as Park’s Edge Unit V4 – 13577 N HillCimb Ln, Kamas, Utah, 84036 United States
RENT, CLEANING FEE and refundable DAMAGE FEE must be fully paid in advance to secure the use of the property for the TERM. Once the RENT and CLEANING FEE are received by the LANDLORD there is NO REFUND FOR ANY REASON. The LANDLORD suggests that the TENANT secure travel insurance to cover any unforeseen issues the TENANT maybe concerned could impact their plans. Within 30 days after all TENANTs have vacated the PROPERTY per the TERM, 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 lost due to damage or other sums owed pursuant to this lease agreement. The TENANT shall be liable for the full costs of all repairs or lost rent that exceed the DAMAGE FEE.
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. If needed repairs and existing 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 by inappropriate use or misuse of the PROPERTY during the TERM and TENANT shall be responsible for the full costs of all repairs.
The PROPERTY is rented to the TENANT for residential use only and for legal purposes only. TENANT shall not assign or sublet the PROPERTY, or any part thereof. 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, immediate EVICTION of the TENANT with no refund of rents or deposits including the DAMAGE FEE. The PROPERTY shall be occupied only by TENANT and other occupants as specified in the rental request. Only the LANDLORD can, with written consent, authorize additional persons to occupy the PROPERTY. 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 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 be responsible for the full costs of all repairs and agrees to reimburse LANDLORD for any and all sums necessary to repair or replace any item that needs service due to the misuse or negligence of TENANT.
TENANT shall behave in a civilized manner and shall be good neighbors, respecting the rights of the surrounding PROPERTY owners and ALL 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 10pm and outdoor noise should be kept to a bare minimum.
TENANT may NOT smoke or use electronic cigarettes or vapor devices in or on the PROPERTY for any reason. TENANT 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 result in EVICTION, the liability of a $125 USD fee, plus cleaning costs and forfeiture of rents or deposits including the DAMAGE FEE.
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 5 days prior to the end of the TERM.
The CLEANING FEE is for LANDLORD to clean the PROPERTY once the TENANT has vacated the PROPERTY per the TERM. The LANDLORD does not provide any additional cleaning or laundry services during the TERM of the agreement.
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 Internet service available in Park’s Edge area and DirecTV as well as other utilities are included in the PROPERTY. Wireless Internet, DirecTV, 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.
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.
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, 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.
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 proper heat will be the TENTANT’s liability and TENANT shall be responsible for the costs of all repairs.
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.
ENTIRE AGREEMENT: The above stated agreement 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.