This Agreement is made and entered on (the “Effective Date”) by and between THE PROPERTY MANAGER (the “Property Manager”) and the “Guests”:
The “Guest” refers to the name of persons listed in the booking reservation.
The “Effective Date” refers to the check-in and check-out dates indicated in the booking reservation and check-in and check-out time stated in the listing reserved.
Subject to the terms and conditions stated below the parties agree as follows:
1. Booking Process. By placing a booking with us (the property owner / his/her representative) you (the lead guest) and your booking party (guests) agree to the following terms and conditions as set-out. During your stay you agree to abide by the subsequent conditions as set-out. If you have any questions about booking with us, please contact us before making a booking.
To place a booking with us the lead guest must be at least 21 years of age. Where the person making the booking is different to the lead guest taking up the occupation, the person making the booking may be held responsible for cancellation, non-arrival and damages as set-out within. Only the lead guest and the named booking party are allowed to use the property and its facilities, any third party visitors are only allowed access at our express permission.
All guests agree to respect the privacy and peace of all other staying guests, neighbours and the owners at all times. We reserve the right to cancel a booking with immediate effect if guests are not honouring this agreement or causing a disturbance / nuisance to other guests, neighbours or the owners.
2. Property. Property Manager, in consideration of the payments provided in this Agreement, leases to Guest a single unit, described in the listing, located at THE PROPERTY (the “Property”). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement.
3. Condition of Premises. The premises must be left in the condition in which they were found at the beginning of the rental period.
4. Maximum Occupancy. The maximum number of staying guests per room is illustrated in the room occupancy details on the website.
5. Check-in and Check-out. Guests must check-in and check-out by the times stated below;
- Check-in by: 4:00pm on day of arrival
- Check-out by: 11:00am on day of departure
6. Minimum & Maximum Stay. The maximum number of nights that can be booked is 21. The minimum stay is 2-10 nights depending on the property.
7. Payment, Fees and Charges. Rate per night and cleaning fee are indicated in the listing details in the website. To secure any booking we require a deposit to be paid in advance, this deposit amount is $250.
Deposit payments must be ‘cleared funds’ before a booking can be confirmed. Deposits are only refundable under the conditions set-out here within.
Payments can be made online using debit / credit card.
8. Credit Card Authorization. When you commence your stay, 1Baz will be entitled to make charges against this credit or debit card in the event of any damage to the property or its contents, or in the event of late check-out, damages or overstaying.
9. Cancellation, Returned Deposit & Non-Arrival Conditions. Guest who need to cancel a booking should contact us as soon as possible. Deposits already paid are only returned in accordance with the following conditions;
- Cancellation made within 24 hours of your receipt of a Confirmation of Booking, provided you book more than seven days prior to your stay, then you are entitled to a full refund.
- Cancellation made more than 14 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees
- Cancellation made 14 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees
- The cancellation policy that applies is the cancellation policy that is in the booking platform where the guest booked.
Non-arrival guests, who are unable to attend or fail to attend for whatever reason forfeit their deposit paid and the full amount of the booking will be due. It is suggested that booking guests take out appropriate holiday / cancellation insurance where required.
In the rare event we need to cancel your booking with us, please be aware that we cannot be held liable for circumstances beyond our control and that our liability to you is limited to the refund of any payment already made.
A) Property Manager’s Insurance Policy does not cover any of Guest’s personal property. Property Manager will carry no Insurance that covers any of the Guest’s property.
B) If there is any loss or damage to guests property due to water, fire, theft, burglary, act of nature or other, guest agrees to relieve the Property Manager from any and all responsibility.
C) Property Manager recommends that the Guest carry Renters Insurance or any other form of insurance to protect their belongings as well as their guests belongings.
D) Property Manager is not responsible for any damage or theft to any guest’s property.
E) Guest agrees not to let any guests bring or store any of their property in the property. Guest agrees that if a guest does bring any property into the property, this property will not be the Property Manager’s liability.
F) Property Manager is not responsible for any liability or injury to any person or guest while on or in the property.
G) The Guest or Guests of the property known as agree to waive my right to sue the Property Manager of the property.
11. Relationship of the Parties. It is agreed and understood the relationship between the parties shall be deemed to be one of owner and temporary lodger or guest and does not create a relationship of landlord and tenant. Guests specifically waive their right to proceed under your stay landlord tenant law.
12. Term. This Agreement will begin on STARTDATE (the “Start Date”), and will continue from that date as a month-to-month tenancy-with a 12 month (s) minimum. If at any time Guest desires to terminate the tenancy, Guest may do so by providing to the Property Manager written notice of intention to terminate. Such notice to terminate must be provided to the Property Manager at least 30 days prior to the desired date of termination of the tenancy. Property Managers may terminate the tenancy by giving a 30-day written notice. If the Guest ends the agreement, before the 12 month (s) terms, the guest will be responsible to pay for 3 months rent, as a penalty.
Guest will vacate the Property upon termination of the Agreement, unless: (i) Property Manager and Guest have extended this Agreement in writing or signed a new agreement; or (ii) Property Manager accepts Rent from Guest (other than past due Rent), in which case a month-to-month tenancy will be created which either party may terminate as specified above. All other terms and conditions of this Agreement will remain in full force and effect.
13. Management. The Guest is hereby notified that PROPERTYMANAGER is the property manager of the Property. Should the Guest have any issues or concerns, the Guest may contact PROPERTY MANAGER by one of the methods below:
Telephone: +1 (877) 959-0074
14. Security Deposit. At the time of signing this Agreement, Guest must pay to Property Manager a security deposit in the amount of $250 (the “Security Deposit”), the Security Deposit will be held in an account at:
Bank name: Bank of America
Bank address: 106 West 117th Street, New York, NY, New York 10035
If the Property is a house, duplex, or an apartment in a building with five or fewer units, then such Security Deposit will be returned to Guest, without interest, and less any set off for damages to the Property upon termination of this Agreement. In the event that Property Manager, at any time, applies such Security Deposit to cover unpaid rent, late, or to repair damage caused to the Property, then, upon request Property Manager to Guest, Guest will immediately deposit with Property Manager, as an additional security deposit, the amount so applied, so that the Security Deposit held by Property Manager will at all times during the term be equal to the aforementioned amount specified in this section.
A) If Guest breaks this Agreement in any way, the security deposit is not refundable.
B) Guest agrees to give Property Manager a written forwarding address and return all keys before moving from property. If keys are not returned, Property Manager will keep Guest’s security deposit in full.
C) Property Manager has 30 days from time of Guest’s notice of move out to forward the balance of the security deposit, plus any additional interest, to Guest’s new forwarding address.
D) Property Manager will give Guest a detailed list of any damages, owed rent, owed utilities, etc., and deduct them from security deposit accordingly.
E) Guest can not apply security deposit to last month’s rent under any circumstances.
F) Property Manager will apply security deposit to money owed in the following order:
1. Additional rent and late fees owed.
2. Utility bills owed.
3. Other fees not paid.
4. Legal fees and court fees owed.
5. Past due rent owed.
6. Current rent owed
7. Damages to property.
15. Return of Security Deposit
The return of the Guest’s security deposit is subject to the following conditions.
1. The full term of the Agreement has been completed.
2. All rent is paid in full.
3. There are no unpaid late charges or fees due.
4. Any and all utility bills are paid in full.
5. Guest has returned all keys to the Property Manager.
6. Guest has given the Property Manager a new forwarding address.
7. Guest has removed all personal property from both inside and outside of the
8. There are no damages to the property other than normal wear and tear.
9. Holes in carpet, flooring, walls, etc. have been properly repaired.
10. The entire property has been cleaned and the basement has been broom swept.
11. All carpets have been properly cleaned and the Property Manager will be given receipt from carpet cleaner rental or professional carpet cleaning company.
12. The Guest shall leave the same amount of oil as was provided by the Property Manager at the time of move in.
13. Grass is cut, bushes and hedges are trimmed, and weeds are pulled.
16. Failure to Pay. Guest is hereby notified that a negative credit report reflecting on Guest’s credit history may be submitted to a credit reporting agency if Guest fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this Agreement.
Guest has been informed and agrees that Property Manager can and will report any and all late rents, fees, past rents, late or owed utilities, damages, or any other fees that were owed by Guest and not paid, to all credit agencies.
Late rents and late utility payments will be reported after 30 days.
Money owed to Property Manager that is not paid after Guest vacates premises will be reported, if not paid in full, 30 days after vacate date.
17. Occupants. The Property may be occupied by the Guest(s) named herein and by the immediate family of the Guest(s), with the approval of the property manager.
A) Any unauthorized occupancy will be considered illegal occupancy and the Property Manager will have the right to end this Agreement in 30 days with written notice. An unauthorized Guest is one who is not on the Agreement.
B) If Guest is receiving Section 8 benefits and houses an unauthorized guest, Property Manager will move for eviction and also contact Guest’s service representative. Property Manager will also move to have Guest’s Section 8 benefits revoked.
18. Together and Individual Liability.
A) If more than one Guest signs this Agreement, each is responsible individually or together for making full rent payments. This means if one Guest moves out or dies, Property Manager can make both Guests or just one Guest responsible to pay the full rent and utilities. It also means that the Property Manager can sue either Guest for breaking the Agreement.
19. Possession. Guest will be entitled to possession of the Property on the first day of the term of this Agreement and will yield possession to Property Manager on the last day of the term of this Agreement unless otherwise agreed by both parties in writing. At the expiration of the term, Guest will remove its goods and effects and peaceably yield up the Property to Property Manager in as good a condition as when delivered to Guest, ordinary wear and tear excepted.
20. Death during Agreement.
A) If there are two or more people responsible for rent payments to the property and one dies, nothing changes and the Agreement remains exactly the same. The deceased Guest will be removed from the Agreement and the surviving Guest will be responsible to complete the Agreement as agreed.
B) If there is only one person responsible for rent payments and this person dies during the term of this Agreement, the Agreement will automatically expire on the date of death. Guest’s heirs or the executor of the estate must have property cleaned out within 30 days.
C) Any property left in the property after 3 days will be considered abandoned and will now belong to the Property Manager or Owner of the property.
A) Guest agrees that at the time of move in and after Guest’s pre-inspection of property, Property Manager has rented Guest a property that is free and clear of all insects, rodents, and pests at time of move in. Guest agrees to return the property to Property Manager in same condition.
B) Guest agrees that after taking possession of the property, Property Manager will no longer be responsible for extermination. Guest agrees that he or she will schedule extermination if or when needed.
C) If Property Manager is forced by Code Enforcement or any other outside entity to exterminate property, Guest will be held responsible for all charges that will be due with the following months rent.
D) At anytime, if rodents or pests infest the property, Property Manager can and will give the Guest 30 days notice to vacate the property.
22. Use of Property/Absences. Guest will occupy and use the Property as a full-time residential dwelling unit. Guest will notify Property Manager of any anticipated extended absence from the Property not later than the first day of the extended absence.
No retail, commercial or professional use of the Property is allowed unless the Guest receives prior written consent of the Property Manager and such use conforms to applicable zoning laws. In such case, Property Manager may require Guest to obtain liability insurance for the benefit of Property Manager. Property Manager reserves the right to refuse to consent to such use in its sole and absolute discretion.
The failure to abide by the provisions of this section will constitute a material breach of this Agreement and is a just cause for eviction.
23. Code Enforcement and Nuisance Violations.
A) Guest agrees to be held responsible for any fines or violations that the Property Manager receives due to guest negligence. These reasons include but are not limited to, unshoveled walkway or driveway, uncut grass or high weeds, trash being put out for pick-up before pick-up day, improper disposal of trash, trash on property, improper or illegal activities or conduct, parking and vehicle violations, noise violations, etc.
B) The Property Manager will bill the Guest the exact amount of the fine and any administrative cost covered by the Property Manager. Guest will be given a copy of the fine.
C) Guest has 7 days to pay Property Manager in full.
D) If Property Manager does not receive payment of fine with in 7 days, guest will be given 30 days to vacate property and a fine amount will be deducted from the security deposit.
E) Continuous receiving of fines will result in eviction, even if Guest pays all fines.
F) If Guest is receiving Section 8 benefits and refuses to pay fines, Property Manager will contact the Guests service representative and move for eviction. Property Manager will also move to have Guest’s Section 8 benefits terminated.
24. Amenities. The amenities provided are indicated in the listing details in the website. Guests will return all such items at the end of the term in a condition as good as existed at the beginning of the Agreement term, normal wear and tear excepted.
25. Storage. Guest will be allowed use of the following additional storage:
Guest will store only personal property Guest owns, and will not store property claimed by another or in which another has any right, title or interest. Guest will not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances. Property Manager will not be liable for loss of, or damage to, such stored items.
26. Parking and Vehicles. This Agreement does not include or provide for parking spaces for motor vehicles or motorcycles anywhere in or about the Property.
A) Guest will not repair or service any vehicle anywhere on the property. This includes the street in front of the property.
B) Any vehicle owned by guest and parked on property must have current registration, inspection stickers, and license plates.
C) No more than 2 cars can be parked on property.
D) Guest agrees not to park any vehicles on grass, front, or rear yards.
E) Guest agrees not to park or store any oversized vehicles on property such as a boat, trailer, camper, RV, camper, etc.
F) Any vehicles found to be illegal will be towed at Guest’s expense.
G) Any code enforcement fines due to illegally parked vehicles owned by Guest or Guest’s guests will be paid in full by Guest.
27. Lawn care and snow removal
A) Guest is responsible for all lawn care and snow removal.
B) Property Manager is not responsible for any type of lawn care.
C) Lawn care consists of the following:
1. Grass cutting
3. Trimming of trees, bushes, and hedges
4. Keeping front and backyards free of trash and debris
5. Shoveling of snow from all steps, porch, sidewalks, and driveways.
6. Salting of any and all ice.
D) If Property Manager is forced to maintain any of these areas, Guest will be charged accordingly and given 30 day notice to vacate property.
E) If property receives fines or violations from Code Enforcement or other Guest will be responsible to pay fine in full.
F) If Guest is receiving Section 8 Benefits and does not participate in lawn care or snow removal of the property, property manager will contact Section 8 and request a “Property Manager Emergency Inspection”, of unit. If Section 8 determines that Guest is in violation of the Agreement, Property Manager will move to have the Guest’s Section 8 Benefits terminated.
28. Roof/Fire Escapes. Use of the roof and/or the fire escapes by Guests and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property.
29. Pets. No pets, dogs, cats, birds or other animals are allowed on or about the Property, without Property Manager’s prior written consent, excepting guide, service, or signal dogs. Strays must not be kept or fed in or around the Property. If a pet has been on or allowed on the Property, even temporarily (with or without the Property Manager’s permission) Guest may be charged for cleaning, de-fleeing, deodorizing, shampooing, or replacing any portion of the Property.
A) Guest agrees not to have any pets or animals in or on the property. If any animal is spotted or reported on property, Property Manager will end the Agreement by giving Guest 30 days notice to vacate property.
B) If an animal is spotted or reported on the property, Guest excuse of watching or babysitting the pet, it’s not Guest’s pet, or any other excuse will not be permissible and the termination of this Agreement shall stand.
C) The Property Manager of the property, will stop at nothing to have the Guest, evicted from the property due to a pet violation. There shall be no second chances to remove the pet from the premises. If the Guest is receiving Section 8 benefits, his or her service representative will be informed that Guest is violating Agreement and Property Manager will move to have Guest’s Section 8 benefits ceased.
30. Keys and Locks. Guest will be given a set number of keys for the Property. If all keys are not returned to Property Manager following termination of the Agreement, Guest will be charged a monetary fee to replace the keys. If a security deposit was collected by the Property Manager at the time of signing this Agreement, then such amount will be subtracted from the Security Deposit. Guest is not permitted to change any lock or place additional locking devices on any door or window of the Property without Property Manager’s approval prior to installation. If allowed, Guest must provide Property Manager with keys to any changed lock immediately upon installation.
31. Lost keys.
A) Property Manager will not be responsible for lost keys or lock-outs.
B) Guest will receive 2 sets of keys at time of move in. Property Manager strongly suggests that guest should have more copies made, at their expense, and kept in a safe place.
C) If Guest is locked out of property, he or she must call a locksmith to get back in property. Property Manager will not reimburse guest for locksmith charges. If locksmith damages any locks on property, guest accepts liability and will have locksmith install new lock.
Property Manager must immediately be notified of lock change and given a key to the new lock.
D) If any locks are changed without permission of Property Manager, Guest will be given 30 days notice to vacate the property.
32. Smoking. Smoking is prohibited in any area in or on the Property, both private and common, whether enclosed or outdoors. This policy applies to all owners, guests, guests, employees, and servicepersons. The Guest will be liable for any damages caused to the Property due to Guest or Guest’s visitors or guests smoking in or on the Property. Any violation of this policy will be seen as a breach of this Agreement and Property Manager will be entitled to all remedies allowable by law including eviction.
33. Window Guards. It is a violation of law to refuse, interfere with installation, or remove window guards where required.
34. Maintenance and Repairs. All repairs that cost less than $100 and do not require professional installation, are the responsibility of the guest. Property Manager will have the responsibility to maintain the Property in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability, except that Guest will be responsible for the following:
– Guest is to maintain any her/his property and common spaces areas clean
– Guest is to not entertain visitors, without the consent of the Property Manager
– Guest is to keep all his/her personal items in her/his property or storage spaces, designated by Property Manager
Except in an emergency, all maintenance and repair requests must be made, by email and delivered to Property Manager or property manager. If Guest is delinquent in rent at the time a repair notice is given, Property Manager is not obligated to make the repair. A repair request will be deemed permission for the Property Manager or property manager to enter the Property to perform such maintenance or repairs in accordance with this Agreement unless otherwise specifically requested, in writing, by Guest. Guest may not place any unreasonable restrictions upon the Property Manager or property manager’s access or entry. Property Manager will have an expectation that the Property is in a safe and habitable condition upon entry.
35. Change, remodeling, and updating of property.
A) Guest agrees not to change, remodel, or update anything in the property without a written permission slip that will be signed by both Guest and Property Manager. Anything, as minor as painting or wall papering a wall, to installing a chandelier, must be approved by the Property Manager.
B) Any and all Property Manager approved changes to the property, now become property of the Property Manager.
36. Utilities and Services. Property Manager will provide cold and hot water and heat as required by law. Guest will pay directly, 0% for all other utilities, services, and charges provided to the Property, including any and all deposits required, except when there is a different direction on the listing and/or upon the advice/ notification from the Property Manager.
A) Property Manager and Guest agree that the utilities to the property are to be paid as follow:
UTILITY SERVICE CHART
Guest Pays All Property Manager Pays All Property Manager Will Only Pay
WATER USAGE x
WATER SERVICE x
HOT WATER x
CABLE TV x
CONDO FEE x
ASSOC. FEE x
B) Should the utility bill exceed the amount Property Manager agrees to pay up to, guest agrees to take full responsibility for the unpaid balance.
C) Guest agrees that they will pay any utility bills that they are responsible for on time.
D) Interruption of utilities: If any utilities that the Guest is responsible for are terminated due to non payment or delinquency, the Property Manager has the right to give Guest 30 days notice to vacate the property.
E) Notice to cease eviction will be granted if utility in question is restored within the 30 days of notice.
F) If Guest is receiving Section 8 benefits and the property fails any inspections due to interruption of utilities, Guest agrees they will be held responsible for any and all lost rent due to the Property Manager during time of interruption. Also, Property Manager will inform guest’s service representative of cancelled utility and move to have guest’s Section 8 Benefits revoked.
37. Default. Guest will be in default of this Agreement if Guest fails to comply with any material provisions of this Agreement by which Guest is bound. Subject to any governing provisions of law to the contrary, if Guest fails to cure any financial obligation (or any other obligation) after written notice of such default is provided by Property Manager to Guest, Property Manager may elect to cure such default and the cost of such action will be added to Guest’s financial obligations under this Agreement. All sums of money or charges required to be paid by Guest under this Agreement will be additional rent, whether or not such sums or charges are designated as additional rent. The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
38. Termination upon Sale of Property. Notwithstanding any other provision of this Agreement, Property Manager may terminate this Agreement upon a 30 days’ written notice to Guest that the Property owner decides to sell or that the property has been sold.
39. Early Termination. Guest may, upon 1 day written notice to Property Manager, terminate this Agreement provided that the Guest pays a termination fee equal to the total cost of the stay. Termination will be effective as of the last day of the calendar month following the end of the 30 day notice period. The termination fee is in addition to all rent due up until the termination day.
40. Notice to leave property or notice to quit.
A) If Guest breaks this Agreement, Guest agrees to give up his or her right of a notice to quit. This means that the Guest allows Property Manager to go to court without giving the required notice. Guest will have the right to challenge the Property Manager’s charges in court.
41. Guest breaks Agreement.
A) The Guest will lose all protection in this Agreement if the following occur:
1. Guest does not pay rent or any other bills owed.
2. Guest skips or abandons the property before full term of the Agreement expires
without giving the Property Manager notice of intent to vacate property.
3. Guest does not follow all rules, terms, and condition of this Agreement.
B) If Guest breaks this Agreement, the security deposit will in no way be refundable.
42. Property Manager’s rights if guest break this Agreement.
A) If the Guest breaks this Agreement, Property Manager has the right to:
1. Go to court to recover rent, utility bills owed, and all other charges due until the end of this Agreement even if this Agreement has not ended.
2. Start removal process without the use of an attorney.
3. Guest agrees that they will pay Property Manager in the amount of $7,000 as collection costs if Property Manager must take Guest to court.
4. Hire an attorney to start a court eviction. Guest agrees to pay all of Property Manager’s attorneys fees and court costs.
5. Go to court and recover possession of the property.
6. End this Agreement.
43. If this Agreement is broken by guest, guest owes property manager.
A) All rent and other charges allowed by this Agreement.
B) All legal fees, court costs, sheriffs fees, storage fees, and any other expenses incurred by Property Manager.
C) The costs to repair any damages made by Guest or Guest’s guest.
44. Military Termination. In the event, the Guest is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Guest receives permanent change of station orders to depart from the area where the Property is located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, then in any of these events, the Guest may terminate this Agreement upon giving thirty (30) days written notice to the Property Manager. The Guest will also provide to the Property Manager a copy of the official orders or a letter signed by the Guest’s commanding officer, reflecting the change, which warrants termination under this provision. The Guest will pay prorated rent for any days (he/she) occupy the dwelling past the first day of the month. Any security deposit will be promptly returned to the Guest, provided there are no damages to the Property.
45. Final inspection (after move out).
A) Guest will give Property Manager written notice that they have completely vacated the unit. Guest agrees, at this time, that all repairs, cleaning, and belongings have been completed and removed from property. Guest will also notify the Property Manager of new address.
B) Property Manager will inspect the unit after receiving notice of move out. It is the Property Manager’s option whether he wants to have the guest present for final inspection.
C) If the Property Manager finds any damages, they will be listed on final inspection sheet and deducted from security deposit. Itemized final inspection sheet with damages and cost of damages will be mailed to Guest’s new address no later then 30 days from Property Manager’s receiving of Guest’s notice that they have vacated the unit.
D) Guest will be responsible for damages that exceed the security deposit.
E) If Property Manager finds the property to be in satisfactory condition, Guest will be mailed full security deposit within 30 days from Property Manager’s receiving of Guest’s notice that they have vacated the unit.
F) Property Manager will not to the move out inspection of the unit while guest still occupies property. Excuses of Guest needs security deposit from unit they are presently occupying to apply towards unit they intend to rent are irrelevant.
46. Property Manager change of Terms and Conditions.
A) If Property Manager plans to make any change to the Agreement or add an addendum, Guest will be given 2-hours notice before the new terms will be active. The Agreement will then be due to expire or renewed in 30 days. Guest can accept changes to Agreement or choose to move.
47. Condition of Property. Guest stipulates, represents and warrants that Guest has examined the Property, and that they are at the time of this Agreement in good order, repair, and in a safe, clean and stable condition.
A) Guest agrees they will inspect the property and sign an inspection sheet stating that everything is fine and in working order in the property. If any items are found to not be in working order or damaged, Guest will list these items on an inspection sheet which will be given to them by Property Manager. Guest will also keep a signed copy of the inspection sheet.
B) When this Agreement ends, Guest will be responsible for all items that are in need of repair that were not listed on original inspection sheet.
C) Guest will inspect each and every room of the property. A picture of each room will be shown to Guest. If Guest agrees that the picture shown to them matches the condition of the room they are in, guest will sign and date the pictures.
D) When Agreement ends, Guest agrees that the room condition will look like the picture they signed and dated when they took possession of the property. Property Manager agrees to allow for minor wear and tear.
E) Guest has been informed that property manager has video taped entire property. If Guest wishes to see video tape before move in, he or she is welcome too. Guest will not be shown video tape after move in unless Property Manager agrees to show video to Guest.
F) If the Guest is receiving Section 8 Benefits, any and all evidence of damages will not only be used in court, but will also be turned over to Section 8 inspectors and Guest’s service representative. Property Manager will move to have Guests Section 8 benefits ceased before Guest moves onto another property.
48. Alterations and Improvements. Guest will make no alterations to the buildings or improvements on the Property or construct any building or make any other improvements on the Property without the prior written consent of Property Manager. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Guest will unless otherwise provided by written agreement between Property Manager and Guest, be and become the property of Property Manager and remain on the Property at the expiration or earlier termination of this Agreement.
49. Hazardous Materials. Guest will not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
50. Lead based paint.
A) The Federal Environmental Protection Agency requires all Property Managers who wish to rent property built before 1978 to give Guest a Lead Based Paint Pamphlet. This Pamphlet explains that young children and pregnant women who are exposed to lead hazards may experience serious health problems. It also explains the physical and mental damage to young children exposed to lead paint and/or lead hazards.
B) Property Manager is required to inform Guest if the property contains any lead based paint. Concerning properties built before 1978, Property Manager can not be 100% sure that the property is lead based paint free unless he or she has had the property properly tested.
C) If the Guest wishes to make sure that the property is free of lead based paint, guest may hire a certified lead based paint inspector to inspect the property. This inspection will be done prior to move in and at the guest’s expense. Property Manager will not pay for testing nor will he reimburse Guest.
D) All lead based paint testing must be performed before the move in date of Agreement. Also, all written results of the testing must be received by the Property Manager before the move in date. The Guest will not be permitted to move into property until all written results are received by Property Manager.
E) Should the written results of the lead based paint testing be delayed past the initial agreed upon start date of the Agreement, the Guest agrees to pay a per-diem per day of 1/30 of the agreed upon rent amount for each day that elapses while waiting for results of lead based paint testing.
F) If the Property Manager does not receive these payments, he or she may immediately terminate original Agreement agreement, return security deposit to Guest, and end all dealings with prospective Guest.
G) Guest has three choices if lead based paint exists in the property:
1. Guest may have lead based paint removed at his or her cost. Guest will continue to pay per-diem per day while waiting for removal of lead based paint to be completed. Property Manager will not be responsible for reimbursement to Guest for work performed.
2. Guest may inform Property Manager in writing that he or she no longer wishes to rent the property from Property Manager.
3. Guest may still rent property but agrees not to hold Property Manager responsible for any future health or medical problems due to lead based paint or any lead based paint hazards.
H) Guest acknowledges receiving a Lead Based Paint Pamphlet before Signing this Agreement.
51. Damage to Property. If the Property is damaged or destroyed as to render it uninhabitable, then either Property Manager or Guest will have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other party to be given within 20 days of the occurrence of such damage. However, if such damage should occur as the result of the conduct or negligence of Guests or Guests’ guests or invitees, Property Manager will have the right to termination and Guests will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.
52. Damage to property by fire, flood, or mishap
A) If in the case of a fire, flood or any other mishap to the property, the Guest may continue to occupy the livable part of the property if local codes and laws grant permission.
B) If guest agrees to stay, rent will remain the same as agreed upon unless changed by Property Manager. Any changes will be made in writing.
C) If rent is changed or lowered by Property Manager, rent will return to original agreed upon rent after repairs to property have been completed to Property Manager’s satisfaction.
D) Guest will give Property Manager, Property Manager’s contractors, and Property Manager’s representatives, permission to enter and repair the property whenever necessary.
E) If fire, flood, or any other mishap was caused by Guest or Guest’s guests, Guest will be held fully responsible for all damages. Guest will also be responsible for rent, utilities, and any other terms of the Agreement. Guest will be responsible for any repairs not covered by Property Manager’s Homeowners Insurance.
F) Guest agrees that if mishap was caused by their neglect or Guest’s guest neglect, they will be held responsible to reimburse Property Manager for the deductible due to Property Manager’s Insurance Policy.
G) Property Manager or owner has right to give Guest 1 day notice to vacate the property if Guest was responsible for fire, flood, or any other mishap.
53. Property Manager Access to Property. Property Manager and Property Manager’s agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon. Guest will make the Property available to Property Manager or Property Manager’s agents for the purposes of making repairs or improvements or to supply agreed services or show the Property to prospective buyers, partners or guests, or in case of emergency. Except in case of emergency, Property Manager will give Guest reasonable notice of intent to enter. For these purposes, twenty-four (2) hour written notice, email, text or call will be deemed reasonable.
A) Property Manager, or person hired by Property Manager, has the right to enter the property without notice for any emergency. If guest is not present, Property Manager agrees to explain to Guest why he or she had to enter the property. Notice may be given in the form of notice, text, email or phone call.
B) Property Manager agrees to give Guest 2 hours notice before entering the property for all non-emergency calls. Property Manager or person hired by Property Manager has the right to inspect all areas of the property, show the property to whomever, and perform maintenance or repairs. All of these activities may occur even if the guest is not home.
C) Guest gives Property Manager permission to display any “For Sale”, “For Rent”, or any other sign Property Manager wishes to display on property.
D) If Guest is receiving Section 8 Benefits, any Section 8 Inspectors at any time, will be permitted to enter property for any and all reasons. Guest excuses of they were not notified by mail are not permissible.
54. Indemnity Regarding Use of Property. To the extent permitted by law, Guest agrees to indemnify, hold harmless, and defend Property Manager from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Property Manager may suffer or incur in connection with Guest’s possession, use or misuse of the Property, except Property Manager’s act or negligence. Guest hereby expressly release the Property Manager and/or agent from any and all liability for loss or damage to Guest’s property or effects whether on the Property, garage, storerooms or any other location in or about the Property, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Property Manager, Property Manager’s employees, heirs, successors, assignees and/or agents.
55. Property Manager’s responsibilities
A) Property Manager agrees to keep electrical, plumbing (excluding clogs), heating, air conditioning (if provided in Agreement), roofing, and all other major services in good and working condition.
B) Property Manager is not responsible for damages caused by guest negligence or intentional abuse of items to the property.
56. Repairs to property
A) Guest agrees that they will immediately notify the Property Manager of any and all dangerous or defective items in the property. Guest must not only call Property Manager, but they must notify Property Manager in writing. If Guest fails to do both, Guest will be responsible for any injury due to defective items.
B) Property Manager will only tolerate normal wear and tear. Guest agrees all items in property that can be repaired for under $___100_____, will be done so at the guest’s expense. These items will not be reimbursed by the Property Manager. Items such as broken door knobs, broken toilet seats, lightbulbs, broken mini-blinds, broken glass windows, etc, will all be paid for by guest. Property Manager, not Guest, will decide the approximate cost of repair.
C) Guest agrees to pay the total cost of any repair that is not that of normal wear and tear. That would be items that were abused or destroyed by Guest or Guest’s guests. Guest agrees that they will correct and pay for these damages. If Guest does not comply, Property Manager will have repairs completed at Guest’s cost. All repair costs will be included in the following months rent.
D) If Guest is receiving Section 8 Benefits and Property Manager suspects excessive damage to property, Guest agrees to cooperate with any “Property Manager Emergency Inspections”.
If excessive damages are found, Property Manager will move to have Guest’s Section 8 benefits revoked.
57. Accommodation. Property Manager agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Property Manager will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a guest, unless undue hardship would result. It is the applicant or guests responsibility to make Property Manager aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Property Manager will make the accommodation. Property Manager reserves the right to require appropriate medical verification of the disability.
A) Guest agrees that they and all guests will follow the following rules accordingly.
1. Any broken windows, screens, doors, skylight glass, or locks damaged by anyone or anything is Guest’s responsibility to repair.
2. Guest agrees that they will not bring a waterbed of any kind into property.
3. Guest agrees not to transfer or sublease property.
4. Guest agrees that they will not let anyone else occupy the property who is not on the Agreement.
5. Guest will tell the truth on the Agreement and original application. If it is found that the Guest was not truthful on either form, Property Manager has option to end this Agreement.
6. Guest agrees they nor cable company (or anyone) will install, mount, or attach any antenna, satellite dish, or any devices to property. Guest also will not give anyone permission to drill holes anywhere in the property.
7. Guest agrees property will be the primary residence for themselves and anyone that is on the Agreement.
8. Guest will not use the property for any type of business.
9. Guest agrees not to use property for any unlawful or hazardous purposes.
10. Guest is responsible for the conduct, behavior, and noise of all people living in or visiting the property.
11. Guest agrees that the phone number given to Property Manager is a true and working phone number. Guest agrees if this phone number is changed, they will immediately provide the Property Manager with the new phone number.
12. Illegal activity – Agreement will immediately end if Guest or Guest’s guest are found to be using, selling, storing, distributing, or manufacturing illegal drugs.
13. Any and all illegal activity under State and Federal law will end this Agreement immediately.
14. Guest understands that they are responsible to repair any Guest or guest inflicted damages to property.
15. Guest will properly dispose of trash from property to its proper place as designated by the Property Manager. Trash will be disposed of on a minimum of once per week.
16. Guest agrees that they, guests, or any other members of the household will not become a nuisance to neighbors.
17. Guest agrees and understands that if Property Manager receives three or more community complaints against the household, this Agreement will immediately be terminated.
18. Guest agrees to send any and all notices to Property Manager in writing via certified mail with the return of receipt requested. Guest understands that this is the only form of notice permitted in a court hearing as evidence of notice given to Property Manager.
19. Guest will not only obey rules of Agreement but will also obey condominium, home owner association, and government housing regulations that apply to Guest.
20. Any belongings left by Guest after move out are considered abandoned property. Property Manager will dispose of abandoned property and Guest will be charged for the cost of disposal.
59. Liens. Neither Guest nor anyone claiming through the Guest will have the right to file mechanics liens or any other kind of lien on the Property and the filing of this Agreement constitutes notice that such liens are invalid. Further, Guest agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Property free of all liens resulting from construction done by or for the Guest.
60. Subordination of Agreement. This Agreement is subordinate to any mortgage that now exists, or may be given later by Property Manager, with respect to the Property.
61. Sale of Property
A) Property Manager may at any given time, sell the property.
B) If sale of property occurs, Property Manager will transfer all security deposits to new owner, not the Guest. New owner is now responsible for security deposit.
C) Property Manager will provide Guest with new owners name, phone number, and address.
D) Guest does not have to be informed of any sale or intended sale of property.
E) After sale of property, Property Manager will have no more responsibilities or obligations to this Agreement. Guest shall not call or contact ex-property manager after sale.
62. Assignment and Subletting. Guest will not assign this Agreement or sublet the Property without the Property Manager’s advance written consent in each instance to a request made by Guest in the manner required by Real Property Law § 226-b. Property Manager may refuse to consent to an assignment for any reason or no reason, but if Property Manager unreasonably refuses to consent to a request for an assignment properly made, at Guest’s request in writing, Property Manager will end this Agreement effective as of thirty (30) days after Guest’s request. The first and every other time the Guest wishes to sublet the Property, Guest must get written consent of the Property Manager unless Property Manager unreasonably withholds consent following your request to sublet in the manner provided by Real Property Law § 226-b. Property Manager may impose a reasonable credit check fee on Guest in connection with an application to assign or sublet. If Guest fails to pay rent, Property Manager may collect rent from sublease or occupant without releasing Guest from the Agreement. Property Manager will credit the amount collected against the rent due from the Guest. However, Property Manager’s acceptance of such rent does not change the status of sublease or occupant to that of a direct guest of Property Manager and does not release Guest from this Agreement.
63. Lighting of all gas pilots. Property Manager is not responsible for the lighting of pilots on gas stoves, heaters, and water heaters. Directions to light all appliances are clearly written and mounted on each and every appliance. Guest agrees to light and keep all pilots lit at all times. If Guest can not light pilot, Property Manager or Property Manager’s service technician will charge Guest a fee of $ _____500_______ if he is successful at lighting the pilot in question. Guest agrees not to hold Property Manager responsible for any damages or injuries due to lighting of any gas pilots.
64. Excess water bill due to leak. Guest agrees to keep the water bill at or under the allotted usage amount which is clearly indicated on the utility service chart. Guest will call Property Manager immediately when seeing or hearing a water leak. Guest is responsible for over usage of water payments at all times. Guest agrees, excuses of leaky sinks, faucets, pipes, toilets, water heaters, etc. are irrelevant if not reported to Property Manager in writing. Guest agrees that in a case of a broken or burst water supply line, Property Manager has shown Guest how to turn the main water supply to the property off. Therefore, Guest will be responsible for excess water charges in all cases.
Report any leaks to the property manager immediately otherwise, you will be charged accordingly.
65. Oil Heating Systems. Guest agrees not to let oil tank drop below 1/8 of a tank. Guest agrees that they will be responsible for any and all repairs to the heating system should the oil tank run dry. Guest agrees that they will be responsible for cost of priming the system should they run out of oil. Guest agrees not to heat the home or unit with any other source other then the heater. Property Manager is giving possession of the property to the Guest with ___10% or more_____ (amount) of oil in the tank. Guest agrees to return the property to the Property Manager with at least the same amount. If the tank is below this amount, Guest will be charged accordingly.
66. Flood Addendum. In the event of a flood, Guest agrees that Property Manager has shown and told Guest how to turn off main water valve in property. Guest agrees to turn main water valve off immediately in case of an emergency such as an overflowing toilet, burst water supply line, burst washer hose line, burst hot water heater, etc. Guest will always turn of main valve during an emergency before calling the Property Manager or a plumber. Guest agrees that if no one will be occupying the property for more than 48hours, such as in the case of vacation or going away for the weekend, they will turn the main water valve off before vacating the property. Should Guest ignore flooding and not protect Property Manager’s property to the best of their ability, Guest agrees that they will and should be responsible for any and all damages caused by flood.
67. Smoke Detector Addendum. If the smoke detector beeps, change the battery. Property Manager has supplied and installed smoke detectors in the unit. Guest Agrees that during pre-inspection of the property, all smoke detectors are working properly. Guest agrees that they are responsible for the changing of smoke detector batteries and the checking of smoke detectors. Guest agrees to notify Property Manager immediately if any smoke detector fails to work for any reason other than a dead battery. Guest agrees that Property Manager has shown them how to check the smoke detectors. Guest agrees that they and their guests will never disconnect any smoke detector for any reason at all. Guest is responsible for any injuries, damages, or loss due to disconnection of smoke detectors. If Guest is receiving Section 8 benefits and the property fails inspection due to any smoke detector violation, Guest will be responsible for any and all lost rents. If smoke detectors are missing and Property Manager has to install new smoke detectors, Guest will be charged $_____200_______ per installed smoke detector. Smoke detectors save lives! Your family is worth more than 69¢ so change the batteries when needed.
68. Clogged Drain Addendum. Guest agrees that during pre-inspection of property, they have tested all drains and flushed all toilets in property. Guest agrees that at this particular time, all drains and toilets are flushing properly and are free and clear of clogs. Guest agrees to pay to open all clogged drains, toilets, sinks, and traps caused by Guest’s Actions. Guest excuses of, “Property Manager has a broken pipe”, or any other excuse will not be tolerated. Guest must first make an attempt to clear clogged line before assuming what is broken. In the event of a clog, Guest will call a professional drain cleaner (not the Property Manager), in an attempt to have the clogged line opened. In the event that the clog can not be cleared, Guest will need to show Property Manager receipt from drain cleaning company as well as provide Property Manager the phone number of the drain cleaning company who attempted to open the clogged line before Property Manager will even attempt to clear clogged line himself. If drain cleaning company that Guest summoned to the property can not clear drain and Property Manager’s chosen company is successful at opening the line, Guest will be responsible to also pay Property Manager’s drain cleaning company or representative. If Property Managers chosen company can not clear drain and it is determined that there is a broken sewage pipe, Guest will be reimbursed in full, so as long as the Guest was not responsible for breaking or damaging the sewer pipe. If Guest is receiving Section 8 benefits and property fails inspection due to a clogged toilet or drain line, Guest will be responsible to reimburse Property Manager all lost rent until property passes inspection. Guests, 99% of all clogs are due to what is flushed or poured down drains and toilets, so think before you flush. The Property Manager can not clog your drain or toilet from his house so please, accept responsibility and keep your drain lines and toilets running free and clear.
69. Appliance Addendum. Property Manager and Guest agree that the only appliance that the Property Manager is leaving and responsible for in the property is the stove. Guest is responsible to keep stove clean and in working order at all times. Should stove stop working, Guest will immediately notify Property Manager. If Guest is receiving Section 8 benefits and the property fails inspection due to defective stove, the Guest will be responsible for all lost rent due to Property Manager until unit passes inspection. Any appliances remaining in unit are property of the Property Manager and are not part of this Agreement. Guests are prohibited from using any appliance not listed on this Agreement. If Property Manager wishes to grant Guest permission to use any additional appliances in the property, Property Manager will list these appliances below:
_________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________
Property Manager accepts no responsibility to the operation, replacement, or repair of the above appliances. The stove is the only appliance that the Property Manager will take any responsibility for.
70. Rental Increase Denial Addendum. The Guest of the Property knows and agrees that if the Property Manager is denied a rental increase for any reason, the Property Manager has the option of continuing or terminating this agreement. If the Property Manager chooses to terminate this Agreement, the Guest will be given 2 hours to vacate the premises.
71. Electric Breaker and Fuse Addendum. Guest agrees to take full responsibility of any and all tripped breakers or blownfuses. Guest agrees that they have been instructed by Property Manager at time of move-in, how to reset tripped breakers as well as change blown fuses. Guest agrees to reset breaker or change fuses before calling Property Manager to property for a service call. Should Property Manager or Property Manager representative be summoned to property and finds that the problem was that of a tripped breaker or blown fuse, Guest will be charged $ ____500___________ for service call.
72. Garage Addendum. Guest, know and agree that the garage of the unit he/she is renting is not included in this Agreement. Guest agree to have no access to this section (the garage) of the property that he/she renting. Guest agree not to tamper with any locks on the garage or try to gain access to the garage by any other means. Guest understand and agree that the Property Manager can, will, and should remove the guest if he/she enter or disturb the garage.
73. Carpet Cleaning Addendum. The Property Manager will not be responsible for any carpet cleaning. Guest agrees that carpets were clean and in good condition when they took possession of the property. Guest agrees that they will keep and return the carpets to the Property Manager in the same condition. When or if carpets become dirty, Guest agrees to call a professional carpet cleaning company, not the Property Manager, to service carpets.
74. New guest excess water bill usage form. The allotted usage and service charge for a 4 bedroom unit is $_______300_________. Should you, the Guest, go over your allotted amount, you will be charged accordingly. The allotted usage and service charge for a 3 bedroom unit is $______300__________. Should you, the Guest, go over your allotted amount, you will be charged accordingly. The allotted usage and service charge for a 2 bedroom unit is $_____300___________. Should you, the Guest, go over your allotted amount, you will be charged accordingly. Guest agrees they do not have unlimited water usage. Guest knows and agrees that the Property Manager will only pay up to the amount listed above. Guest will be responsible for all over usage charges to the water bill. Guest will be given 30 day notice to vacate the property if he or she does not include the over usage payments with the following months rent. By signing below, you are agreeing to the above terms.
75. Broken Window Addendum. Guest take full responsibility for all windows in the property. I understand and agree that if any windows during occupancy become broken, cracked or damaged in any way, I will take full responsibility in having them repaired at my own expense and none of these expenses will be reimbursed by the owner of the property. Whether by passer-by, act of nature, burglary or any other reason, I agree I can, will and should be evicted if the broken window in question is not repaired within 24 hours of being broken.
76. Governing Law. This Agreement will be governed, construed and interpreted by, through and under the State Laws.
77. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.
78. Time of Essence. Time is of the essence with respect to the execution of this Agreement.
79. Estoppel Certificate. Guest will execute and return a guest estoppel certificate delivered to Guest by Property Manager or Property Manager’s agent within three (3) days after its receipt. Failure to comply with this requirement will be deemed Guest’s acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
80. Entire Agreement. This document constitutes the entire Agreement between the Guest and Property Manager. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Property Manager nor Guest has made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Guest or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Guests and procedures as required by law.
81. Application. Guest represents and warrants that all statements in Guest’s rental application are accurate. Any misrepresentations will be considered a material breach of this Agreement and may subject Guest to eviction. Guest authorizes Property Manager and any broker to obtain Guest’s credit report periodically during the tenancy in connection with the modification or enforcement of this Agreement. Property Manager reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Guest’s application is false.
82. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.
By signing below, Guest have read and agreed to all rules listed in this Agreement. As head of household, I agree to comply with and will ensure that all members and guests of my household will comply with these rules as well. Finally, I understand that if I or any household member or guest to my unit should fail to comply with any of these rules, the Property Manager can and should terminate this Agreement immediately.
Guests Signature __________________________________________________________
83. Compliance with Regulations. Guest will comply: (a) with all present and future city, state and federal laws and regulations, including the Rent Stabilization Code and Law, which may affect the Property, and (b) with all orders and regulations of Insurance Rating Organizations which affect the Property.
84. Immediate Termination. If law enforcement, or regulatory body contacts the property manager regarding any investigation involving the guest, the agreement will be immediately terminated, without penalties to the property manager.