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Jim Eiberger Rental Agreement
Rental Agreement
This rental agreement dated this x day of x, between x as Landlord/Owner(s), and x as
Tenant(s)/ Resident(s).
DESCRIPTION AND TERM: Owner hereby leases to Resident, and Resident hereby leases
from the Owner, the premises x Subject to the terms and provisions hereof. The premises are
leased for a minimum term of 12 months and starting x – x.
RENT: The base rent for the term of the Lease shall be $ x/month* payable in advance, plus all
utilities, in ONE check, in equal consecutive monthly payments of $ x commencing on the x day
of x. If occupancy commences prior to the first day of the month, rental shall be prorated for
such portion of a month. Move in date is xxx
Payable to: Jim Eiberger
Rent is due at: PO Box x Denver, Colorado x ON or BEFORE the FIRST DAY of each month.
_______ _______
3. USE: Resident agrees that the premises are to be used and occupied by residents and
Residents immediate family only, consisting of x, as a private dwelling, no illegal purpose, and
for no other purpose. Resident agrees to pay Owner $50.00 per day for each additional person
who remains at the premises for any period longer than ten (10) days. Only the following
persons may occupy the Premises UNLESS OWNER/AGENT GIVES WRITTEN PERMISSION.
4. LATE, CANCELED, OR RETURNED CHECK CHARGES: Resident understands that if
the total rent is not received by the third (3rd) day of each month, by 12:00 pm M.S.T, there will
be a $125.00 Late Charge assessed in addition to the full rent due, plus $25.00 per day
thereafter until the balance is fully paid. After 8 days resident is subject to eviction. If a check is
returned by Resident’s bank for any reason, there will also be a $150.00 Return Check Charge
in addition to the full rent and Late Charges(s) due. Late charges will continue to accrue until full
payment has been credit. If in the event Resident, closes a bank account or cancels or stops
payment on a check made out to Owner a canceled/stop payment or closed account fee of
$200.00 plus full rent and Late Charge(s) due. In the event any check issued by the Resident is
returned by Resident’s bank unpaid, Resident agrees to make all future payments to Owner by
money order, certified check or cashier’s check. All aforementioned late penalties shall apply to
rental payments in this manner. Such fees, which will be considered liquidated damages, may
be collected immediately by Owner/Agent; or at Owner/Agent’s option, such fee may be
withheld from Residents Security deposit. The giving of such notice of intent shall not relieve
Owner/Agent of any obligation pertaining to the security deposit set forth in the lease.
5. UTILITIES: Tenant/Resident shall pay for all individually metered electricity, natural gas,
and water consumed in the Premises, and Tenant further agrees to be responsible for notifying
Denver Water, Xcel Energy company or any applicable utility company of the fact that electricity
and gas, and water usage should be converted to the Tenant’s name, and that all bills for such
usages should be billed directly to Tenant. Tenant agrees to designate Landlord/Owner as
attorney-in-fact to accomplish this. Tenant agrees that if utilities are not placed into tenants’
name within three days of lease commencement, Owner/Agent will transfer the utilities for them
at an administrative cost of $75.00 per utility.
_______ _______
Resident shall pay for all other utilities and related deposits and for all charges on Resident’s
utilities bill, including but not limited to electricity, gas, water, sewage, cable TV, satellite and
storm drain. Resident shall not allow water, electricity or gas to be shut off by any means
(including non-payment of bill) until the end of the lease term or renewal period. Utilities shall
be used only for normal household purposes and not wasted. Resident agrees to pay fees
charged by any public utility for transfer of service to Resident. Resident further agrees that
said charge and outstanding balances shall be deducted from the security deposit when the
lease is terminated.
6. RECEIPT OF MONIES BY OWNER: Resident and Owner hereby agree that all monies
received by the owner or his agents shall first be applied to any and all charges due other than
the rent and the balance of any monies received shall be applied toward rent due. Owner/Agent
at Owner/Agent’s option, may use Resident’s Security Deposit during the term of this Lease to
fulfill Resident’s obligations under this Lease
AGENT INITIALS ________ RESIDENT(S) INITIALS
_______ _______
7. SECURITY DEPOSIT:
A. Landlord/Owner acknowledges receipt from resident of Security Deposit in the
amount of x and to secure the performance of this Lease. The Security Deposit, in the amount
above, is to secure Landlord against any breach by the tenant of the terms, covenants and
conditions of this agreement, including without limitation, the payment of rent, the condition
of5the premises on termination of this agreement and notice requirements. Landlord agrees to
account to the Resident for the security deposit within sixty (60) days of Resident’s delivery of
possession of the premises to the Landlord or termination of the lease, whichever occurs last.
The security deposit many not be applied to any amount due until such time as Resident
delivers possession of the premises to Landlord, however after delivery of possession, landlord
may apply the deposit to any amounts due pursuant to this agreement or any cost or expense
arising out of Resident’s breach of this agreement is in the form of an electronic transfer listed
above as security against the breach by resident of any of Residents covenants and
agreements contained herein, including without limitation: damage to the building of which the
premises is part, common areas and building owned by the Owner and surrounding or adjacent
to the building of which the premises is a part, furniture, fixtures, appliances, and carpet;
abandonment of the premises; nonpayment of rent, late fees, insufficient check charges, and all
other costs.
B. Resident and Owner agree that within (60) sixty days after termination of this Rental
Agreement or surrender and acceptance of the premises, whichever occurs last, Owner/agent
shall provide Resident with a written statement listing the reasons for the retention of any
portion of the security deposit. When statement is delivered, it shall be accompanied by
payment of the difference between the security deposit and the amount retained or stating
balance due. Owner/Agent is deemed to have complied with this paragraph B. by mailing said
statement and any payment required to the last known address of Resident. The owner is not
required to provide any notice or accounting of any charges during the period this rental
agreement is in effect. The security deposit shall be returned to Resident only after each and all
of the following conditions have been met:
1. The full lease term must have expired or been terminated without default by Resident, &
Resident must not have held over, “Holding Over” is defined as retaining possession of the
premises after either party has given proper notice of termination per the terms and condition of
the lease. Resident agrees to pay Owner a fee of $250.00/ day for all hold over days.
2. Prior to date of termination or expiration, sixty (60) calendar days, written notice of intent to
terminate lease, with all signatures, must be given and sent by certified mail by Resident(s) to
Owner or his representative. TENANT UNDERSTANDS THAT NOTICES NOT SENT BY
CERTIFIED MAIL AND NOT TENDERED LESS THAN SIXTY (60) FULL DAYS PRIOR TO
THE END OF THE LEASE WILL NOT BE EFFECTIVE. See item # 18 and other provisions of
lease. _______ _______
3. There are no unpaid charges, costs, fees, payments, damages, rents or other monies due
from Resident(s) hereunder.
4. The home must be in showable condition during the 60 days prior to lease termination.
5. The premises, including all appliances must be presented to the Owner in a thoroughly
cleaned condition to meet the Owners subjective standards. If the Owner finds it necessary to
clean the premises after the lease is terminated, the Owner will provide resident with a listing of
all costs incurred in cleaning the premises and the Owner is entitled to an overhead allowance
equal to said costs. Furthermore, if Owner is unable to offer the premises for inspection to
prospective tenants or is unable to rent the premises due to delays incurred by cleaning or
having the home suitable for showing as a result of the condition of the property, the Resident
agrees that a charge of $250.00 per day will be deducted from the security deposit until said
cleaning operations have been completed.
6. After inspection by Owner or owner’s representative, appropriate charges will be deducted
for any un-repaired damages or wear (beyond normal wear and tear), to the premises or its
contents; insufficient light bulbs; stickers, scratches, burns, holes, etc., on the walls, doors,
floors, draperies, blinds, carpets, and/or furniture, etc. In addition, the Owner is entitled to an
overhead allowance equal to such costs and charges.
7. Forwarding address left with Owner to Refund Security Deposit.
C. The security deposit or other like amount received by the Owner from Resident pursuant to
this Rental Agreement will be
held and disbursed subject to the terms of this Rental Agreement and law. In the event Owner
appoints his agent, broker or manager to hold and disburse said funds; Resident hereby
consents to such appointment. In the event of a sale of the premises by Owner, upon Owners
compliance with the applicable law, Resident shall look solely to the successor Owner, or said
Owners agent, broker or manager, as the case may be, for satisfaction on all claims relating to
said security deposit and shall not look to the original Owner.
Security Deposit Refund: Owner shall refund Tenant’s deposit in accordance with C.R.S.
Section38-12-103, except the Landlord shall have 60 days to account to Tenant for the
disposition of Tenant’s deposit. The costs of labor and materials for cleaning, repairs, and
delinquent payments will automatically be deducted from the Security Deposit. Also, these costs
will be deducted if the above 6 provisions and other lease provisions are not complied with. The
portion of the Security Deposit due tenant will be refunded by one check, mailed to the last
known address, made payable to all persons signing the lease, but said refund will not be made
earlier than 14 days nor later than 60 days after proper termination of lease, & lease provisions.
_______ _______
D. Owner/Agent at Owner/Agent’s option, may use Resident’s security deposit during the term
of this Lease to fulfill Resident’s obligations under this Lease including payment of rent, &
performance of necessary repairs or maintenance to the Premises, furnishings, which may
become necessary due to the negligence of the Resident(s), members of Resident’s household
or Resident’s guests. To the extent that all or any portion of the security deposit is depleted
pursuant to this paragraph, Resident’s shall replenish these funds up to the original amount of
the security deposit within (10) ten days of their receipt of written notice from Owner/Agent of
the amount of their obligations. Failure of Residents to replenish the security deposit within ten
days shall constitute a breach of this lease and grounds for eviction.
8. NORMAL WEAR AND TEAR: Normal wear and tear means the deterioration that
occurs, based upon the premises being used as a residence for the number of persons
designated, without negligence, carelessness, accident, or abuse of the premises or equipment
or chattels by the Resident or members of the Residents household, or Resident’s invitees or
guests. Dirt does not constitute normal wear and tear.
AGENT INITIALS ________ RESIDENT(S)
INITIALS _______ _______
9. CONDITION OF PREMISES ON BEGINNING DATE OF RESIDENCY: The Tenant
agrees to keep the Premises in as good order and condition as when this Lease commenced
ordinary wear and tear excepted. ** UNLESS NOIFIED WITHIN 24 HOURS OF THE MOVE-IN,
CLEANING SHALL BE DEEMED ACCEPTABLE. The Resident accepts said premises in its
present condition, acknowledges that it is in clean and in good condition and repair, and agrees
to keep said premises in a good, clean condition and repair, free from dirt, filth, waste, or any
flammable, dangerous, or detrimental material. Residents are taking the premises in “as is”
condition and the Landlord is not required to make any changes or alteration to the Premises
during the terms of the lease. The Resident agrees that if the Resident discovers that the
premises is damaged in some way, the Resident will, within three days from the beginning date
of this tenancy, provide the Owner with a written list of discrepancies or damages found upon
the premises. Should Resident not provide such a written list, it shall be an admission by the
Resident that there are none. TENANT IS RESPONSIBLE FOR UPKEEP AND
MAINTENANCE OF SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS.
_______ _______
10. MOVE-IN AND MOVE-OUT INSPECTIONS: The Resident(s) agree that immediately
prior to receiving the keys to the premises, to complete a walk-thru with Owner/Agent.
Resident(s) are responsible for the documentation of all damage upon move-in. A move-
in/move out form will be provided to Resident(s) upon move in. Resident(s) agree to complete
and sign this form within 1 day of lease commencing in order to help protect both parties. (If
move-in/move-out form is not returned to Owner/Agent, Resident(s) may be held responsible for
pre-existing conditions.) The Resident also agrees to inspect the premises together with
Landlord/agent (if available) on the last day of tenancy after the Resident has completely
vacated and cleaned the premises, and returned the keys to the Owner, and to fill in and sign
the Resident Move-Out Condition Agreement as to the condition of the premises at the
termination of the Agreement. Should the Resident fail to inspect the premises on the last day of
the Lease Agreement period, then the Owner will solely determine the condition of the premises
_______ _______
12. PETS: NO PETS OR ANIMALS OF ANY KIND PERMITTED. No animal of any kind shall
be kept or harbored in the leased premises, unless the same in each instance is expressly
permitted in writing by the Owner, and such consent, if given shall be revocable by Owner at
any time. A charge of $50.00 per day for pet rent will be made for each animal kept in violation
of this agreement and a non-refundable pet deposit/pet-cleaning of $6500.00/pet fee shall be
paid to the Owner. _______ _______
Pet Exception: TBD
13. MOTOR VEHICLES: Resident and Owner agree that any abandoned, unlicensed,
derelict, and/or inoperable vehicles parked on the premises may be towed off the premises and
disposed of by the Owner at the vehicle owner’s expense after posting a three (3) day notice in
a conspicuous place on the vehicle indicating the Owners intent. Resident further agrees not to
store andor park any trailer, camper, boat, or any other similar recreational item or vehicle on
the premises without written consent of the Owner. Resident further agrees not to store andor
Park any commercial or public vehicle on the premises under any conditions. Resident agrees
not to make any repairs of the aforementioned motor vehicles andor recreational items without
written consent of the Owner.
14. RULES AND REGULATIONS: Resident, Residents guests and occupants shall comply
with written rules of the premises (including community policies, and county regulations) which
shall be considered part of this lease. Owner may make reasonable rule changes if in writing
and distributed. Changes are effective immediately; resident shall be liable to Owner for
damages caused by Resident or Residents guests or occupants. Sidewalks, steps, entrance
halls, walkways, and stairs shall not be obstructed or used for any purpose other than ingress or
egress.
15. DISORDERLY CONDUCT: Resident agrees not to permit or suffer any disorderly
conduct, noise, odors or other nuisance whatever, about the premises, having a tendency to
annoy or disturb any persons occupying adjacent premises, or landlord and to use no
machinery or other apparatus which would damage the premises or annoy other.
16. ASSIGNMENT: Resident shall not assign this Agreement or sublet the premises or
any part thereof, and shall not allow any persons to occupy same other than persons to whom
the premises are rented under this Agreement without prior written consent of the Owner.
17. LEGAL: Any clause, which is contrary to the law, shall be excluded and unenforceable
as to that clause only. Resident is obligated to make all payments as prescribed by this
agreement and Owner is not required to provide any notice of monies due. Owner not providing
notice of any monies due does not waive any of the requirements of this agreement. Should
however, the Owner/Agent find it necessary to provide notice to Resident under this agreement,
Resident agrees to pay a notice fee of $50.00 per occurrence. Resident and Owner agree that
all the terms and conditions of this agreement are fair and equitable as the premises are of
great monetary value compared to the rent and security deposit received. In the event either
party incurs court costs and attorney fees with regard to this contract for any reason, the
prevailing party will be responsible for paying all court costs, attorney fees. Should Resident fail
to make any payment due the Owner, Resident hereby authorizes any attorney at law to appear
in any court of record and waive issuing and service or process and confess judgment against
Resident in favor of the Owner for the amount owed with interest together with all costs, and
thereby release all errors and waive all right of appeal. Any such fees or costs assessed
against the Owner shall not exceed the Owner limitation liability mentioned elsewhere in the
Agreement.
AGENT INITIALS ________ RESIDENT(S)
INITIALS_______ _______
18. NOTICE TO QUIT & HOLDOVER: Resident agrees at least SIXTY (60) day notice prior to
the expiration of the term hereof, to give written notice to Owner, by certified mail, of the
intention to vacate the subject premises at the end of the minimum term of the lease. And if
such notice is not properly & timely given, the Resident shall be liable for & agrees to pay to the
Owner, the rent due for the remaining months of the lease. Also, if proper notice is not given
and/or, if resident fails to complete the minimum lease term, Resident agrees to pay to Landlord
an Improper Termination Fee in the amount of $5650.00 or 2 months’ rent of the current
monthly rent amount whichever is greater. In the event that the Resident holds over the
premises after the term of the Rental agreement and Owner does not provide notice to the
contrary, the term on the expiration date or extension thereof of the rental agreement shall
automatically be extended for a period of time as the original term which is an additional 12
months, an automatic increase of 6.5% per month from the existing rental rate shall be effective,
with all other of the lease term shall remain in full force & effect.
______ _____
19. OWNER LIABILITY (PERSON & PROPERTY): The resident hereby acknowledges that
at no time during the period of the lease will the Owner provide any insurance, nor will the
Owner assume any liability which will indemnify or compensate the Resident for any injury to or
death of the Resident or damage to the Residents personal property, and the Resident agrees
to indemnify and save the Owner harmless from all claims of any nature. The Resident agrees
to purchase such insurance if he so desires. The Owner and Resident hereby agree that the
Resident assumes all responsibility and liability for all personal injuries, which occur to, or death
of any person, including the Resident and children or any damage to any item of personal
property on the premises. Said injuries and damages include but are not limited to injuries and
damages caused by other residents, third parties, thefts, assaults, burglary, vandalism and any
and all other crimes of any nature. Owner and Resident further agree that Resident is solely
liable for any damage or loss of any nature whatsoever to the Residents personal property
including but not limited to fire, flood, water leaks, rain, hail, ice, snow, smoke damage,
explosions, interruption of utility service, and Acts of God. Resident further acknowledges and
states he has inspected all of the existing locks and safety devices and agrees that all devices
are in working order and adequate.
Owner/Agent’s insurance does not cover Resident’s personal possessions in the event of loss
or damage due to fire, windstorm, flood, theft vandalism, or other similar cause. Owner requires
tenant to have his or her own individual renter’s insurance and proof of such must be given to
owner within 30 days of execution of the contract. _______
_______
20. OWNER LIABILITY (CONTRACTUAL): Resident agrees that Owner and Agents total
contractual liability for any reason whatsoever is limited to an amount equal to $100.00.
21. FAILURE TO PROVIDE NOTICE: Resident agrees to furnish the Owner with written
notice of the Residents intent to vacate the premises pursuant to this Agreement. If such notice
is not properly and timely given by the Resident(s) pursuant to Section 18, the Resident shall
become liable to Owner and agrees to pay to the Landlord/Owner, the rent due for the
remaining months of the lease and, an Improper Termination Fee in the amount equal to two (2)
months’ rent of the current monthly rent. Said amount may be deducted from the security
deposit. _______ _______
22. FAILURE TO PAY LAST MONTHS RENT: Resident agrees that should Resident fail to
pay the last month’s rent, the Resident shall become liable to Owner and agrees to pay to the
Landlord/Owner, the rent due for the remaining months of the lease and an Improper
Termination Fee in the amount equal to two (2) months’ rent in addition to the monthly lease
payment to compensate the Owner for lack of useable funds and other property management
expenses. Said amount may be deducted from the security deposit.
_______ _______
23. VACATING PREMISES: If the resident vacates the premises without paying all of the
rent due to the Owner, the Owner may re-enter the premises and lease the premises to a third
person without terminating this Agreement. The Resident remains liable for all rent required
under this lease for the full term of this lease and an Improper Termination Fee in the amount
equal to two (2) months’ rent of the current monthly rent amount.
_______ _______
24. REMEDIES: Where multiple remedies are available to the Owner upon breach by the
Resident, selection of any remedy, remedies, or combination thereof shall solely be the right of
the Owner.
25. ABANDONMENT: Should the Resident abandon or is evicted from the premises, the
Resident shall be liable for and agrees to pay to the Owner, the rent due for all remaining
months of the lease and an Improper Termination Fee in the amount equal to two (2) months’
rent. If Resident abandons the premises within 60 days or less remaining on the lease, the
Resident shall become liable to Owner for an amount equal to two months’ rent in addition to
the monthly lease payment to compensate the Owner for making unplanned rental arrangement
and other property management expenses. The Resident grants the Owner the right to use any
and all personal property of the Resident left on the premises to satisfy any and all amount,
which become due and owing Owner under this Agreement. The Owner will determine if
Resident has abandoned the premises based on the Owner subjective standards. Application
of this remedy will not preclude the Owner from using any other remedy in this agreement or
any remedy permitted by law.
_______ _______
26. BREACH: Should Resident fail to perform any provision or make any payment as
provided for in this agreement, Resident agrees to compensate Owner for lost rent and all other
expenses until said property is re-let, plus the amount equal to two months’ rent of the current
monthly rental amount. This shall include if the Owner finds it necessary to evict the Resident
for failing to perform under this agreement. Resident agrees that Owner is entitled to recover all
costs resulting from any breach of this Agreement, including but not limited to, late fees,
overhead costs, insufficient funds charges, Three-day Notice Fees, F.E.D. fees, attorney’s
costs, all costs of collection, and any fees and costs due but not yet paid. If the Owner has not
received the rent due from the Resident for the month on the due date, if the Resident has
caused or allowed any negligent, willful, wanton, or intentional damage to the premises, or if the
Resident has defaulted in any other terms or conditions of this agreement, such action shall
constitute a breach of this agreement
AGENT INITIALS ________ RESIDENT(S)
INITIALS _______ _______ (# 26. continued) by the Resident and the Owner may, at Owners
option, take any or all of the following remedies without further notice to the Resident: A. The
Owner may enter the premises and use all necessary and reasonable force to remove all
persons and property from the premises, all without any liability to the Owner. The Owner may
take possession of any of said property and assert a lien over the property, which property may
be redeemed if the Resident pays the entire amount due the Owner. B. The Owner may
change the locks on said premises, take over possession of the premises to the exclusion of the
Resident, and assert a lien on all property including motor vehicles in or on the premises, all
without any liability to the Owner; The Resident may redeem said property by paying amounts
due to the Owner. C. The Owner may declare this Agreement to be terminated immediately
and written notice of such will be delivered to the Resident or left on the premises.
27. LANDLORDS LIEN: The Owner shall have at all times a valid lien for all rent and other
sums of money becoming due from Resident, and upon all goods, equipment, fixtures, motor
vehicles, furniture, and other personal property of the Resident, whether or not situated on the
premises and any such personal property on the premises shall not be removed therefore
without the consent of the Owner until all arrearages in rent as well as any and all other sums of
money then due the Owner hereunder shall first be paid and discharged. Upon the occurrence
of any such event of breach by the Resident, the Owner may, in addition to any other remedies
provided hereunder or by law, enter upon the premises and take possession of any and all
goods, equipment, motor vehicles, fixtures, furniture, and other personal property of the
Resident, whether or not situated on the premises, without having such personal property at the
sale, at which the Owner or his assigns may purchase, and apply the proceeds thereof, less any
and all expenses connected with the taking of possession and sale of the personal property, as
a credit against any sums due by the Resident to the Owner. Any surplus shall be paid to the
Resident, and the Resident agrees to pay any deficiency forthwith. Alternately, the lien hereby
granted may be foreclosed in the manner and form provided by law. The statutory lien for rent
is not hereby waived, the express contractual lien herein granted being in addition and
supplementary thereto. The Resident will execute, upon Owner’s request, a financing
agreement and security agreement evidencing the owner’s security interest on or in the
Residents personal property and warrants to the Owner that there are not prior liens or security
interest on or in said personal property.
28. PROPERTY MANAGEMENT: Should Resident fail to perform any provision or make
any payment provided in this agreement, Resident agrees to pay Owner an additional amount
equal to any stated costs, charges, expenses, fees, etc. to compensate for additional
unspecified property management overhead, expense and costs.
29. COMPENSATION OF OWNER: The Owner shall be entitled to compensation under this
agreement at Owners usual and customary rate for any work the Owner must perform as a
result of any breach of this Agreement by the Resident.
30. GRATITUDE: The Owner may from time to time provide services and benefits above
those required in this agreement or in some cases grant relief or waiver to the Resident. Such
gratitude on behalf of the Owner will be considered on a case by case basis and any such
granting shall not invalidate any provision of this agreement nor be the basis for establishing a
precedent of any sort no matter how many times performed or granted.
31. CARE OF PROPERTY: Resident agrees to assume responsibility for the routine
maintenance of the premises, including but not limited to watering of lawns, all snow removal
from walks and drives, as well as maintenance of screens, windows, doors and locks and
immediate replacement of broken glass and screens. If the Resident does not perform these
duties in a reasonable manner, Resident agrees to permit Owner to hire outside labor to
perform said maintenance. All cost incurred in the hiring of said outside labor shall become due
and owing Owner as part of the next month’s rent.
Alterations: The Tenant/Resident agrees not to place/drive any nails, molly bolts, tacks
adhesive-type substance, stickers, or screws or other objects to the walls, ceilings, floors roof,
doors, or woodwork of the premises, to make any alterations or repairs in or about the Premises
not to install any aerial, antennas or wiring or connect to any existing aerials or antennas, or
affix anything for the purpose of supporting or securing any object, without first obtaining the
written consent of the Landlord/Owner.
Exception: A reasonable number of APPROPRIATE small nails pre-drilled for hanging pictures
are acceptable. Without exception, nothing of any sort shall be nailed, screwed, drilled, to the
perimeter walls or ceilings. Also, without exception nothing of any sort shall be affixed to,
attached to, or glued to any doors, and exposed brick walls. The Resident shall not attach any
contact paper not any other sticky substance on any walls, appliance, drawers, cupboards, or
any other surfaces of the premises. _______ _______
The Resident shall check & replace the furnace filter monthly, and clean a/c or swamp cooler
filters, to assist in the removing of dust and dirt. Resident is required to shut off water supply to
swamp cooler and shall not operate swamp cooler prior to or during freezing weather. Resident
is responsible for all repairs, costs and maintenance due to damage and/or neglect. _______
_______
32. WALKS, STAIRS, AND DRIVES: The Resident agrees to keep all sidewalks and
walkways, driveways, decks, porches, patios and stairs serving the premises free of snow, ice,
dirt and all other refuse at all times. Resident also agrees to abide by city and county regulations
for removing snow from all walkways, sidewalks, etc. in a timely fashion. _______
_______
33. YARDS: The Resident agrees to cut all of the grass on the premises on a regular weekly
basis in order to insure a neat well-kept appearance of the grass. If mowing is not performed on
the schedule of once per week, The Agent will hire contractors to have the lawn mowed at the
Resident(s) expense weekly. NO notice will be given to the Resident(s) in the event that said
contractors are hired to mow and fertilize the lawn. The minimum charge for lawn mowing is
$75.00 per occurrence. Mowing and fertilizing lawn will be provided by owner. The Resident
agrees that during the hot summer months to keep the grass at such a length as to prevent the
yard from drying out or burning. The Resident agrees to water all foliage and grass on the
premises as is required during the entire year to keep the in a green, healthy condition. The
Resident is responsible for watering lawn, foliage and trees, removing weeds, raking leaves,
maintenance, repair, and upkeep of all trees, bushes, shrubs, flowers, and garden areas on the
premises. Resident is to remove water timers and all hoses from spigots if temp is below 40
degrees to avoid freezing and damaging plumbing._____ _____
34. RIGHT OF RE-ENTRY: The Owner may enter the premises at any reasonable time to
examine and inspect the same, to clean and repair the premises if necessary, to exercise a
Landlords Lien, to collect rent, to solve any problem of an emergency nature at any time, to
accomplish a right given elsewhere in this agreement, to show the premises or for any other
reasonable purpose. Once the Resident has vacated the premises, Owner may at any time
perform repairs, maintenance, or improvements.
AGENT INITIALS ________ RESIDENT(S)
INITIALS_______ _______
35. TERMINATION BY RESIDENT OR OWNER: This Agreement may be terminated by the
Resident only by written notice, by certified mail, to the Owner at least Sixty (60) days prior to
the expiration of the minimum term or if lease is renewed, it is extended for a period of time as
the original term and notice for termination remains the same. If resident delivers possession of
the premises to landlord, or abandons the premises, prior to the termination of this lease,
Resident agrees to pay to Landlord the rent until the date the lease terminates at the end of the
applicable notice period. Landlord /Owner may terminate this Agreement without cause by
giving resident ten (10) or more days written notice prior to the end of the minimum term or,
thereafter, ten (10) or more days prior to the end of any month. Landlord may terminate this
agreement for cause as provided by Colorado Law. _______ _______
Resident acknowledges that failure to complete the minimum lease term or failure to give the
required written sixty (60) day notice, will damage Landlord and Landlord will incur costs and
expenses including , but not limited to costs to make the premises showable to prospective
residents that would not normally be chargeable as damages, advertising costs, time showing
the unit and screen potential residents, delay in scheduling work by contractors or Landlord’s
employees, and lost opportunity costs of renting other premises. If proper notice is not given
and/or, if resident fails to complete the minimum lease term, Resident agrees to pay to Landlord
an Improper Termination Fee in the amount equal to two (2) months’ rent of current monthly rent
amount.
_______ _______
36. INCREASE IN RENT: At any time while the tenancy is on a month-to-month basis, the
Owner may increase the rent described in this Agreement. Such notice of an increase in rent
shall not constitute a termination of this Agreement. If the Resident does not desire to continue
renting the premises at the increased rental rate, Resident shall terminate the Agreement
pursuant to the provisions of this Agreement. An increase in the rent amount due under this
Agreement shall have no effect on the other provisions in this Agreement and all other
provisions of this Agreement will remain in effect. If lease is renewed or extended an automatic
increase of 6.5 % per month from the existing rental rate shall be effective.
_______ _______
37. NEW TENANTS: Resident agrees to permit the Owner to put “For Rent” signs upon the
premises at any time during the 60-day period before the termination of this tenancy. The
Resident agrees that the Owner or his agent may enter the premises at any time or on any day
during the 60-day period before termination of this tenancy between 9:00 A.M. and 7:00 P.M.
To show the premises to prospective tenants. The premises may be shown during these hours,
whether or not the Resident or any of Residents family is present on the premises. During the
60-day period, the Resident agrees to keep the premises in a clean and orderly condition and
suitable for showing of the premises to prospective tenants. The Resident agrees that any pets,
which might interfere with the showing of the premises, will be locked in the garage, chained in
the back yard, or will be kept away from the premises so that the premises can be freely shown
to prospective tenants.
The resident agrees that if all of the provisions of this agreement and this paragraph are not
complied with, any notice of termination from the Resident to the Owner will not be effective until
all of said provisions are complied with. The Owner may enter the premises to make whatever
cleaning, repairs, upkeep, and maintenance are deemed necessary by the Owner so that the
premises are suitable for showing to prospective tenants. The Resident agrees to pay
immediately to the Owner the amount of all said cleaning, repairs, upkeep, and maintenance
plus the overhead allowance stated elsewhere herein. All provisions in this Agreement will be in
full force and effect if the Owner notifies the Resident that the premises are being sold and will
be shown to prospective buyers
_______ _______
38. GENERAL PROVISIONS: This Agreement together with any written agreement
executed simultaneously herewith, contains the entire Agreement between the parties and shall
not be changed, modified, or discharged in whole or in part except by an Agreement in writing
signed by Owner and Resident(s). THERE ARE NO ORAL UNDERSTANDINGS, initials, terms
or conditions and neither party has relied upon any representations, expressed, or implied, not
contained in this Agreement or written Agreement, if any, executed simultaneously therewith.
39. LAST DAY OF LEASE: The Resident specifically agrees to completely vacate the
premises by 10:00 A.M. on the last day of the tenancy.
40. OWNER RELIEVED OF OBLIGATIONS: The Owner shall be relieved of all of the
obligations under this lease in the event of any Acts of God, fire, civil commotion, vandalism,
failure of utilities, government action, sale of the property, or any other interruption of the
Agreement beyond reasonable control of the Owner. _______ _______
41. ALTERATIONS TO PREMISES: The Resident agrees to make NO alterations to the
premises, or to install any antennas, or to affix or make any holes in the roof or walls without
first obtaining the written consent of the Owner. The Resident agrees that any and all
improvements made on the premises shall become the property of the Owner and that the
Owner shall be under no obligation to reimburse the Resident for such improvements. The
Resident agrees to obey all laws affecting said premises, to repair all damages to the premises
due to negligence and/or abuse during the term of this agreement, to replace all broken and
cracked glass, and to replace all burned-out light bulbs on said premises. The Resident agrees
to keep all the improvements upon said premises including all sewer connections, sod,
plumbing, wiring, glass, door and window screens in good order and repair at Residents
expense, and at the expiration of this Agreement, to surrender and deliver up said premises
including all plumbing, sewer connections, sod, wiring, glass, door and window screens in as
good order and condition as when the same was entered upon. _______ _______
42. CLEANING PREMISES: Upon vacating the property, Agent shall contract for deep
cleaning at the resident(s) expense if deemed necessary by agent. Resident(s) agrees to pay
any cleaning costs, which will be deducted from resident(s) security deposit. If resident(s) clean
on their own, agent reserves the right to re-clean if necessary, at the resident(s) expense with
the contractor of agent’s choice. In the event that the Resident has not caused the interior of
the premises to be cleaned by 10 A.M. on the last day of this agreement, the Resident hereby
contracts and agrees with the Owner that the Owner shall have all of the interior premises
cleaned. Resident agrees to pay Owner $300.00 per days as additional rent if Resident
remains in premises after 10:00 AM on the termination date of the lease.
AGENT INITIALS ________ RESIDENT(S)
INITIALS_______ _______
Carpet: Upon vacating the property, resident(s) agree to contract to clean all carpet on the
premises. Carpet cleaning must be performed by a professional reputable licensed and insured
company using a truck mounted carpet cleaning system, Pet antibacterial, enzyme, anti-
microbial, deodorizer and scotch guard must be applied to all carpeting. Proof of service/work
performed is required prior to end of lease. Agent reserves the right to re-clean the carpets, at
resident(s) expense, if necessary, with the contractor of Agent’s choice. Agent shall contract for
professional carpet cleaning at the Resident’s expense. Cost of cleaning will be deducted from
the Resident’s security deposit
_______ _______
Touch up Painting. Upon vacating the property, agents shall contract for touch up painting at
the owner’s expense up to $50.00. Resident(s) agree to pay any additional touch up painting
costs. Cost of touch up painting will be deducted from resident(s) security deposit. If
resident(s) touch up paint on their own, agent reserves the right to re-paint if necessary, with the
contractor of agent’s choice. Touch up painting shall include but is not limited to painting entire
walls, rooms, or the entire property if necessary.
If the premises are not left clean, and in good condition and repair, normal wear and tear
accepted, the Resident agrees to pay $250.00 per day for each day that the premises are being
cleaned, painted, and repaired by the Owner. In addition to these termination provisions, the
Owner shall have the termination options described elsewhere in this Agreement.
43. NOTICE OF DAMAGE: The Resident shall promptly notify the Owner of any damage to
the premises in writing and sent to PO BOX x Denver Colorado x. or Resident is liable for repair
of same, due to negligence and/or abuse. Residents are not allowed to hire outside labor for
repair to any damages without prior written authorization by owner/manager._______ _______
44. NOTICES: Resident agrees that any notice or court process may be served by posting
on the property and Resident waives personal service.
45. JOINT AND SEVERAL LIABILITY: It is understood and agreed that each party signing
this Rental Agreement is liable for the full amount of any and all financial obligations and is
further agreed that each and all of the signors herein are jointly liable for any and all financial
obligations.
46. SMOKING: Resident(s) agree that the leased Premises is a NON-SMOKING premise.
No Resident, member of Resident’s household or Resident’s guests will be allowed to smoke
anything including medical Marijuana on the Premises unless specific authorization in writing is
given by Owner/Agent under this Lease. Resident(s) understand and acknowledge that
smoking in the unit may result in damage that may require extra cleaning, painting, re-carpeting,
and/or the replacement of window coverings or the entire unit to remove smoke: the cost of
which will be deducted from the Resident’s security deposit. _______ _______
47. LEASE CHANGE: If this Lease is changed at the request of the Resident(s) and agreed
to by the Owner/Agent in writing $525.00 lease change fee must be paid. This fee must be paid
prior to making any changes to the lease.
48. MAINTENANCE REQUESTS: All maintenance requests must be made in writing and
sent to the office at PO Box x Denver Co x, unless the maintenance issue is a genuine
emergency. Maintenance requests that are not made in writing that are not an emergency may
not be attended to. If maintenance issues have not been addressed within two business days
from receipt of notification by the Owner/Agent, in writing the resident(s) are required to follow
up with the Owner/Agent at that time. ______ _____
49. ADDENDUM(S): All addendums and attachments are incorporated as part of this
agreement.
50. GUARANTORS): If the Lease is guaranteed the person(s) guaranteeing the Lease
(“Guarantor”) absolutely guarantees Resident’s/Tenant’s obligations and performance under the
Lease. Guarantor further agrees to be bound by the same covenants and conditions of the
Lease and makes the same warranties and representations as Tenant under the Lease. If
Tenant defaults in the performance of Tenant’s obligations under the Lease, Guarantor will
perform Tenant’s obligations.
TENANT(S)/RESIDENT(S) AND GUARANTOR(S) STATES THAT TENANT AND
GUARANTOR HAS READ THE ABOVE AGREEMENT IN ITS ENTIRETY, THAT TENANT
AND GUARANTOR COMPLETELY UNDERSTANDS ALL THE PROVISIONS OF THE
AGREEMENT, AND THAT TENANT AND GUARANTOR AGREES TO PERFORM, SAID
AGREEMENT.
Signed and sealed this x day of x.
___________________________________
OWNER/AGENT
_______________________________________________________
RESIDENT Print Signature
_______________________________________________________
RESIDENT Print Signature

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Jim Eiberger Rental Agreement Redacted Former Lease.docx

  • 1. Jim Eiberger Rental Agreement Rental Agreement This rental agreement dated this x day of x, between x as Landlord/Owner(s), and x as Tenant(s)/ Resident(s). DESCRIPTION AND TERM: Owner hereby leases to Resident, and Resident hereby leases from the Owner, the premises x Subject to the terms and provisions hereof. The premises are leased for a minimum term of 12 months and starting x – x. RENT: The base rent for the term of the Lease shall be $ x/month* payable in advance, plus all utilities, in ONE check, in equal consecutive monthly payments of $ x commencing on the x day of x. If occupancy commences prior to the first day of the month, rental shall be prorated for such portion of a month. Move in date is xxx Payable to: Jim Eiberger Rent is due at: PO Box x Denver, Colorado x ON or BEFORE the FIRST DAY of each month. _______ _______ 3. USE: Resident agrees that the premises are to be used and occupied by residents and Residents immediate family only, consisting of x, as a private dwelling, no illegal purpose, and for no other purpose. Resident agrees to pay Owner $50.00 per day for each additional person who remains at the premises for any period longer than ten (10) days. Only the following persons may occupy the Premises UNLESS OWNER/AGENT GIVES WRITTEN PERMISSION. 4. LATE, CANCELED, OR RETURNED CHECK CHARGES: Resident understands that if the total rent is not received by the third (3rd) day of each month, by 12:00 pm M.S.T, there will be a $125.00 Late Charge assessed in addition to the full rent due, plus $25.00 per day thereafter until the balance is fully paid. After 8 days resident is subject to eviction. If a check is returned by Resident’s bank for any reason, there will also be a $150.00 Return Check Charge in addition to the full rent and Late Charges(s) due. Late charges will continue to accrue until full payment has been credit. If in the event Resident, closes a bank account or cancels or stops payment on a check made out to Owner a canceled/stop payment or closed account fee of $200.00 plus full rent and Late Charge(s) due. In the event any check issued by the Resident is returned by Resident’s bank unpaid, Resident agrees to make all future payments to Owner by money order, certified check or cashier’s check. All aforementioned late penalties shall apply to rental payments in this manner. Such fees, which will be considered liquidated damages, may be collected immediately by Owner/Agent; or at Owner/Agent’s option, such fee may be
  • 2. withheld from Residents Security deposit. The giving of such notice of intent shall not relieve Owner/Agent of any obligation pertaining to the security deposit set forth in the lease. 5. UTILITIES: Tenant/Resident shall pay for all individually metered electricity, natural gas, and water consumed in the Premises, and Tenant further agrees to be responsible for notifying Denver Water, Xcel Energy company or any applicable utility company of the fact that electricity and gas, and water usage should be converted to the Tenant’s name, and that all bills for such usages should be billed directly to Tenant. Tenant agrees to designate Landlord/Owner as attorney-in-fact to accomplish this. Tenant agrees that if utilities are not placed into tenants’ name within three days of lease commencement, Owner/Agent will transfer the utilities for them at an administrative cost of $75.00 per utility. _______ _______ Resident shall pay for all other utilities and related deposits and for all charges on Resident’s utilities bill, including but not limited to electricity, gas, water, sewage, cable TV, satellite and storm drain. Resident shall not allow water, electricity or gas to be shut off by any means (including non-payment of bill) until the end of the lease term or renewal period. Utilities shall be used only for normal household purposes and not wasted. Resident agrees to pay fees charged by any public utility for transfer of service to Resident. Resident further agrees that said charge and outstanding balances shall be deducted from the security deposit when the lease is terminated. 6. RECEIPT OF MONIES BY OWNER: Resident and Owner hereby agree that all monies received by the owner or his agents shall first be applied to any and all charges due other than the rent and the balance of any monies received shall be applied toward rent due. Owner/Agent at Owner/Agent’s option, may use Resident’s Security Deposit during the term of this Lease to fulfill Resident’s obligations under this Lease AGENT INITIALS ________ RESIDENT(S) INITIALS _______ _______ 7. SECURITY DEPOSIT: A. Landlord/Owner acknowledges receipt from resident of Security Deposit in the amount of x and to secure the performance of this Lease. The Security Deposit, in the amount above, is to secure Landlord against any breach by the tenant of the terms, covenants and conditions of this agreement, including without limitation, the payment of rent, the condition of5the premises on termination of this agreement and notice requirements. Landlord agrees to
  • 3. account to the Resident for the security deposit within sixty (60) days of Resident’s delivery of possession of the premises to the Landlord or termination of the lease, whichever occurs last. The security deposit many not be applied to any amount due until such time as Resident delivers possession of the premises to Landlord, however after delivery of possession, landlord may apply the deposit to any amounts due pursuant to this agreement or any cost or expense arising out of Resident’s breach of this agreement is in the form of an electronic transfer listed above as security against the breach by resident of any of Residents covenants and agreements contained herein, including without limitation: damage to the building of which the premises is part, common areas and building owned by the Owner and surrounding or adjacent to the building of which the premises is a part, furniture, fixtures, appliances, and carpet; abandonment of the premises; nonpayment of rent, late fees, insufficient check charges, and all other costs. B. Resident and Owner agree that within (60) sixty days after termination of this Rental Agreement or surrender and acceptance of the premises, whichever occurs last, Owner/agent shall provide Resident with a written statement listing the reasons for the retention of any portion of the security deposit. When statement is delivered, it shall be accompanied by payment of the difference between the security deposit and the amount retained or stating balance due. Owner/Agent is deemed to have complied with this paragraph B. by mailing said statement and any payment required to the last known address of Resident. The owner is not required to provide any notice or accounting of any charges during the period this rental agreement is in effect. The security deposit shall be returned to Resident only after each and all of the following conditions have been met: 1. The full lease term must have expired or been terminated without default by Resident, & Resident must not have held over, “Holding Over” is defined as retaining possession of the premises after either party has given proper notice of termination per the terms and condition of the lease. Resident agrees to pay Owner a fee of $250.00/ day for all hold over days. 2. Prior to date of termination or expiration, sixty (60) calendar days, written notice of intent to terminate lease, with all signatures, must be given and sent by certified mail by Resident(s) to Owner or his representative. TENANT UNDERSTANDS THAT NOTICES NOT SENT BY CERTIFIED MAIL AND NOT TENDERED LESS THAN SIXTY (60) FULL DAYS PRIOR TO THE END OF THE LEASE WILL NOT BE EFFECTIVE. See item # 18 and other provisions of lease. _______ _______ 3. There are no unpaid charges, costs, fees, payments, damages, rents or other monies due from Resident(s) hereunder. 4. The home must be in showable condition during the 60 days prior to lease termination. 5. The premises, including all appliances must be presented to the Owner in a thoroughly cleaned condition to meet the Owners subjective standards. If the Owner finds it necessary to clean the premises after the lease is terminated, the Owner will provide resident with a listing of all costs incurred in cleaning the premises and the Owner is entitled to an overhead allowance equal to said costs. Furthermore, if Owner is unable to offer the premises for inspection to prospective tenants or is unable to rent the premises due to delays incurred by cleaning or
  • 4. having the home suitable for showing as a result of the condition of the property, the Resident agrees that a charge of $250.00 per day will be deducted from the security deposit until said cleaning operations have been completed. 6. After inspection by Owner or owner’s representative, appropriate charges will be deducted for any un-repaired damages or wear (beyond normal wear and tear), to the premises or its contents; insufficient light bulbs; stickers, scratches, burns, holes, etc., on the walls, doors, floors, draperies, blinds, carpets, and/or furniture, etc. In addition, the Owner is entitled to an overhead allowance equal to such costs and charges. 7. Forwarding address left with Owner to Refund Security Deposit. C. The security deposit or other like amount received by the Owner from Resident pursuant to this Rental Agreement will be held and disbursed subject to the terms of this Rental Agreement and law. In the event Owner appoints his agent, broker or manager to hold and disburse said funds; Resident hereby consents to such appointment. In the event of a sale of the premises by Owner, upon Owners compliance with the applicable law, Resident shall look solely to the successor Owner, or said Owners agent, broker or manager, as the case may be, for satisfaction on all claims relating to said security deposit and shall not look to the original Owner. Security Deposit Refund: Owner shall refund Tenant’s deposit in accordance with C.R.S. Section38-12-103, except the Landlord shall have 60 days to account to Tenant for the disposition of Tenant’s deposit. The costs of labor and materials for cleaning, repairs, and delinquent payments will automatically be deducted from the Security Deposit. Also, these costs will be deducted if the above 6 provisions and other lease provisions are not complied with. The portion of the Security Deposit due tenant will be refunded by one check, mailed to the last known address, made payable to all persons signing the lease, but said refund will not be made earlier than 14 days nor later than 60 days after proper termination of lease, & lease provisions. _______ _______ D. Owner/Agent at Owner/Agent’s option, may use Resident’s security deposit during the term of this Lease to fulfill Resident’s obligations under this Lease including payment of rent, & performance of necessary repairs or maintenance to the Premises, furnishings, which may become necessary due to the negligence of the Resident(s), members of Resident’s household or Resident’s guests. To the extent that all or any portion of the security deposit is depleted pursuant to this paragraph, Resident’s shall replenish these funds up to the original amount of the security deposit within (10) ten days of their receipt of written notice from Owner/Agent of the amount of their obligations. Failure of Residents to replenish the security deposit within ten days shall constitute a breach of this lease and grounds for eviction. 8. NORMAL WEAR AND TEAR: Normal wear and tear means the deterioration that occurs, based upon the premises being used as a residence for the number of persons designated, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the Resident or members of the Residents household, or Resident’s invitees or guests. Dirt does not constitute normal wear and tear.
  • 5. AGENT INITIALS ________ RESIDENT(S) INITIALS _______ _______ 9. CONDITION OF PREMISES ON BEGINNING DATE OF RESIDENCY: The Tenant agrees to keep the Premises in as good order and condition as when this Lease commenced ordinary wear and tear excepted. ** UNLESS NOIFIED WITHIN 24 HOURS OF THE MOVE-IN, CLEANING SHALL BE DEEMED ACCEPTABLE. The Resident accepts said premises in its present condition, acknowledges that it is in clean and in good condition and repair, and agrees to keep said premises in a good, clean condition and repair, free from dirt, filth, waste, or any flammable, dangerous, or detrimental material. Residents are taking the premises in “as is” condition and the Landlord is not required to make any changes or alteration to the Premises during the terms of the lease. The Resident agrees that if the Resident discovers that the premises is damaged in some way, the Resident will, within three days from the beginning date of this tenancy, provide the Owner with a written list of discrepancies or damages found upon the premises. Should Resident not provide such a written list, it shall be an admission by the Resident that there are none. TENANT IS RESPONSIBLE FOR UPKEEP AND MAINTENANCE OF SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS. _______ _______ 10. MOVE-IN AND MOVE-OUT INSPECTIONS: The Resident(s) agree that immediately prior to receiving the keys to the premises, to complete a walk-thru with Owner/Agent. Resident(s) are responsible for the documentation of all damage upon move-in. A move- in/move out form will be provided to Resident(s) upon move in. Resident(s) agree to complete and sign this form within 1 day of lease commencing in order to help protect both parties. (If move-in/move-out form is not returned to Owner/Agent, Resident(s) may be held responsible for pre-existing conditions.) The Resident also agrees to inspect the premises together with Landlord/agent (if available) on the last day of tenancy after the Resident has completely vacated and cleaned the premises, and returned the keys to the Owner, and to fill in and sign the Resident Move-Out Condition Agreement as to the condition of the premises at the termination of the Agreement. Should the Resident fail to inspect the premises on the last day of the Lease Agreement period, then the Owner will solely determine the condition of the premises _______ _______ 12. PETS: NO PETS OR ANIMALS OF ANY KIND PERMITTED. No animal of any kind shall be kept or harbored in the leased premises, unless the same in each instance is expressly permitted in writing by the Owner, and such consent, if given shall be revocable by Owner at any time. A charge of $50.00 per day for pet rent will be made for each animal kept in violation of this agreement and a non-refundable pet deposit/pet-cleaning of $6500.00/pet fee shall be paid to the Owner. _______ _______ Pet Exception: TBD
  • 6. 13. MOTOR VEHICLES: Resident and Owner agree that any abandoned, unlicensed, derelict, and/or inoperable vehicles parked on the premises may be towed off the premises and disposed of by the Owner at the vehicle owner’s expense after posting a three (3) day notice in a conspicuous place on the vehicle indicating the Owners intent. Resident further agrees not to store andor park any trailer, camper, boat, or any other similar recreational item or vehicle on the premises without written consent of the Owner. Resident further agrees not to store andor Park any commercial or public vehicle on the premises under any conditions. Resident agrees not to make any repairs of the aforementioned motor vehicles andor recreational items without written consent of the Owner. 14. RULES AND REGULATIONS: Resident, Residents guests and occupants shall comply with written rules of the premises (including community policies, and county regulations) which shall be considered part of this lease. Owner may make reasonable rule changes if in writing and distributed. Changes are effective immediately; resident shall be liable to Owner for damages caused by Resident or Residents guests or occupants. Sidewalks, steps, entrance halls, walkways, and stairs shall not be obstructed or used for any purpose other than ingress or egress. 15. DISORDERLY CONDUCT: Resident agrees not to permit or suffer any disorderly conduct, noise, odors or other nuisance whatever, about the premises, having a tendency to annoy or disturb any persons occupying adjacent premises, or landlord and to use no machinery or other apparatus which would damage the premises or annoy other. 16. ASSIGNMENT: Resident shall not assign this Agreement or sublet the premises or any part thereof, and shall not allow any persons to occupy same other than persons to whom the premises are rented under this Agreement without prior written consent of the Owner. 17. LEGAL: Any clause, which is contrary to the law, shall be excluded and unenforceable as to that clause only. Resident is obligated to make all payments as prescribed by this agreement and Owner is not required to provide any notice of monies due. Owner not providing notice of any monies due does not waive any of the requirements of this agreement. Should however, the Owner/Agent find it necessary to provide notice to Resident under this agreement, Resident agrees to pay a notice fee of $50.00 per occurrence. Resident and Owner agree that all the terms and conditions of this agreement are fair and equitable as the premises are of great monetary value compared to the rent and security deposit received. In the event either party incurs court costs and attorney fees with regard to this contract for any reason, the prevailing party will be responsible for paying all court costs, attorney fees. Should Resident fail to make any payment due the Owner, Resident hereby authorizes any attorney at law to appear in any court of record and waive issuing and service or process and confess judgment against Resident in favor of the Owner for the amount owed with interest together with all costs, and thereby release all errors and waive all right of appeal. Any such fees or costs assessed against the Owner shall not exceed the Owner limitation liability mentioned elsewhere in the Agreement.
  • 7. AGENT INITIALS ________ RESIDENT(S) INITIALS_______ _______ 18. NOTICE TO QUIT & HOLDOVER: Resident agrees at least SIXTY (60) day notice prior to the expiration of the term hereof, to give written notice to Owner, by certified mail, of the intention to vacate the subject premises at the end of the minimum term of the lease. And if such notice is not properly & timely given, the Resident shall be liable for & agrees to pay to the Owner, the rent due for the remaining months of the lease. Also, if proper notice is not given and/or, if resident fails to complete the minimum lease term, Resident agrees to pay to Landlord an Improper Termination Fee in the amount of $5650.00 or 2 months’ rent of the current monthly rent amount whichever is greater. In the event that the Resident holds over the premises after the term of the Rental agreement and Owner does not provide notice to the contrary, the term on the expiration date or extension thereof of the rental agreement shall automatically be extended for a period of time as the original term which is an additional 12 months, an automatic increase of 6.5% per month from the existing rental rate shall be effective, with all other of the lease term shall remain in full force & effect. ______ _____ 19. OWNER LIABILITY (PERSON & PROPERTY): The resident hereby acknowledges that at no time during the period of the lease will the Owner provide any insurance, nor will the Owner assume any liability which will indemnify or compensate the Resident for any injury to or death of the Resident or damage to the Residents personal property, and the Resident agrees to indemnify and save the Owner harmless from all claims of any nature. The Resident agrees to purchase such insurance if he so desires. The Owner and Resident hereby agree that the Resident assumes all responsibility and liability for all personal injuries, which occur to, or death of any person, including the Resident and children or any damage to any item of personal property on the premises. Said injuries and damages include but are not limited to injuries and damages caused by other residents, third parties, thefts, assaults, burglary, vandalism and any and all other crimes of any nature. Owner and Resident further agree that Resident is solely
  • 8. liable for any damage or loss of any nature whatsoever to the Residents personal property including but not limited to fire, flood, water leaks, rain, hail, ice, snow, smoke damage, explosions, interruption of utility service, and Acts of God. Resident further acknowledges and states he has inspected all of the existing locks and safety devices and agrees that all devices are in working order and adequate. Owner/Agent’s insurance does not cover Resident’s personal possessions in the event of loss or damage due to fire, windstorm, flood, theft vandalism, or other similar cause. Owner requires tenant to have his or her own individual renter’s insurance and proof of such must be given to owner within 30 days of execution of the contract. _______ _______ 20. OWNER LIABILITY (CONTRACTUAL): Resident agrees that Owner and Agents total contractual liability for any reason whatsoever is limited to an amount equal to $100.00. 21. FAILURE TO PROVIDE NOTICE: Resident agrees to furnish the Owner with written notice of the Residents intent to vacate the premises pursuant to this Agreement. If such notice is not properly and timely given by the Resident(s) pursuant to Section 18, the Resident shall become liable to Owner and agrees to pay to the Landlord/Owner, the rent due for the remaining months of the lease and, an Improper Termination Fee in the amount equal to two (2) months’ rent of the current monthly rent. Said amount may be deducted from the security deposit. _______ _______ 22. FAILURE TO PAY LAST MONTHS RENT: Resident agrees that should Resident fail to pay the last month’s rent, the Resident shall become liable to Owner and agrees to pay to the Landlord/Owner, the rent due for the remaining months of the lease and an Improper Termination Fee in the amount equal to two (2) months’ rent in addition to the monthly lease payment to compensate the Owner for lack of useable funds and other property management expenses. Said amount may be deducted from the security deposit. _______ _______ 23. VACATING PREMISES: If the resident vacates the premises without paying all of the rent due to the Owner, the Owner may re-enter the premises and lease the premises to a third person without terminating this Agreement. The Resident remains liable for all rent required under this lease for the full term of this lease and an Improper Termination Fee in the amount equal to two (2) months’ rent of the current monthly rent amount. _______ _______ 24. REMEDIES: Where multiple remedies are available to the Owner upon breach by the Resident, selection of any remedy, remedies, or combination thereof shall solely be the right of the Owner.
  • 9. 25. ABANDONMENT: Should the Resident abandon or is evicted from the premises, the Resident shall be liable for and agrees to pay to the Owner, the rent due for all remaining months of the lease and an Improper Termination Fee in the amount equal to two (2) months’ rent. If Resident abandons the premises within 60 days or less remaining on the lease, the Resident shall become liable to Owner for an amount equal to two months’ rent in addition to the monthly lease payment to compensate the Owner for making unplanned rental arrangement and other property management expenses. The Resident grants the Owner the right to use any and all personal property of the Resident left on the premises to satisfy any and all amount, which become due and owing Owner under this Agreement. The Owner will determine if Resident has abandoned the premises based on the Owner subjective standards. Application of this remedy will not preclude the Owner from using any other remedy in this agreement or any remedy permitted by law. _______ _______ 26. BREACH: Should Resident fail to perform any provision or make any payment as provided for in this agreement, Resident agrees to compensate Owner for lost rent and all other expenses until said property is re-let, plus the amount equal to two months’ rent of the current monthly rental amount. This shall include if the Owner finds it necessary to evict the Resident for failing to perform under this agreement. Resident agrees that Owner is entitled to recover all costs resulting from any breach of this Agreement, including but not limited to, late fees, overhead costs, insufficient funds charges, Three-day Notice Fees, F.E.D. fees, attorney’s costs, all costs of collection, and any fees and costs due but not yet paid. If the Owner has not received the rent due from the Resident for the month on the due date, if the Resident has caused or allowed any negligent, willful, wanton, or intentional damage to the premises, or if the Resident has defaulted in any other terms or conditions of this agreement, such action shall constitute a breach of this agreement AGENT INITIALS ________ RESIDENT(S) INITIALS _______ _______ (# 26. continued) by the Resident and the Owner may, at Owners option, take any or all of the following remedies without further notice to the Resident: A. The Owner may enter the premises and use all necessary and reasonable force to remove all persons and property from the premises, all without any liability to the Owner. The Owner may take possession of any of said property and assert a lien over the property, which property may be redeemed if the Resident pays the entire amount due the Owner. B. The Owner may change the locks on said premises, take over possession of the premises to the exclusion of the Resident, and assert a lien on all property including motor vehicles in or on the premises, all without any liability to the Owner; The Resident may redeem said property by paying amounts due to the Owner. C. The Owner may declare this Agreement to be terminated immediately and written notice of such will be delivered to the Resident or left on the premises. 27. LANDLORDS LIEN: The Owner shall have at all times a valid lien for all rent and other sums of money becoming due from Resident, and upon all goods, equipment, fixtures, motor vehicles, furniture, and other personal property of the Resident, whether or not situated on the premises and any such personal property on the premises shall not be removed therefore
  • 10. without the consent of the Owner until all arrearages in rent as well as any and all other sums of money then due the Owner hereunder shall first be paid and discharged. Upon the occurrence of any such event of breach by the Resident, the Owner may, in addition to any other remedies provided hereunder or by law, enter upon the premises and take possession of any and all goods, equipment, motor vehicles, fixtures, furniture, and other personal property of the Resident, whether or not situated on the premises, without having such personal property at the sale, at which the Owner or his assigns may purchase, and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale of the personal property, as a credit against any sums due by the Resident to the Owner. Any surplus shall be paid to the Resident, and the Resident agrees to pay any deficiency forthwith. Alternately, the lien hereby granted may be foreclosed in the manner and form provided by law. The statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. The Resident will execute, upon Owner’s request, a financing agreement and security agreement evidencing the owner’s security interest on or in the Residents personal property and warrants to the Owner that there are not prior liens or security interest on or in said personal property. 28. PROPERTY MANAGEMENT: Should Resident fail to perform any provision or make any payment provided in this agreement, Resident agrees to pay Owner an additional amount equal to any stated costs, charges, expenses, fees, etc. to compensate for additional unspecified property management overhead, expense and costs. 29. COMPENSATION OF OWNER: The Owner shall be entitled to compensation under this agreement at Owners usual and customary rate for any work the Owner must perform as a result of any breach of this Agreement by the Resident. 30. GRATITUDE: The Owner may from time to time provide services and benefits above those required in this agreement or in some cases grant relief or waiver to the Resident. Such gratitude on behalf of the Owner will be considered on a case by case basis and any such granting shall not invalidate any provision of this agreement nor be the basis for establishing a precedent of any sort no matter how many times performed or granted. 31. CARE OF PROPERTY: Resident agrees to assume responsibility for the routine maintenance of the premises, including but not limited to watering of lawns, all snow removal from walks and drives, as well as maintenance of screens, windows, doors and locks and immediate replacement of broken glass and screens. If the Resident does not perform these duties in a reasonable manner, Resident agrees to permit Owner to hire outside labor to perform said maintenance. All cost incurred in the hiring of said outside labor shall become due and owing Owner as part of the next month’s rent. Alterations: The Tenant/Resident agrees not to place/drive any nails, molly bolts, tacks adhesive-type substance, stickers, or screws or other objects to the walls, ceilings, floors roof, doors, or woodwork of the premises, to make any alterations or repairs in or about the Premises not to install any aerial, antennas or wiring or connect to any existing aerials or antennas, or
  • 11. affix anything for the purpose of supporting or securing any object, without first obtaining the written consent of the Landlord/Owner. Exception: A reasonable number of APPROPRIATE small nails pre-drilled for hanging pictures are acceptable. Without exception, nothing of any sort shall be nailed, screwed, drilled, to the perimeter walls or ceilings. Also, without exception nothing of any sort shall be affixed to, attached to, or glued to any doors, and exposed brick walls. The Resident shall not attach any contact paper not any other sticky substance on any walls, appliance, drawers, cupboards, or any other surfaces of the premises. _______ _______ The Resident shall check & replace the furnace filter monthly, and clean a/c or swamp cooler filters, to assist in the removing of dust and dirt. Resident is required to shut off water supply to swamp cooler and shall not operate swamp cooler prior to or during freezing weather. Resident is responsible for all repairs, costs and maintenance due to damage and/or neglect. _______ _______ 32. WALKS, STAIRS, AND DRIVES: The Resident agrees to keep all sidewalks and walkways, driveways, decks, porches, patios and stairs serving the premises free of snow, ice, dirt and all other refuse at all times. Resident also agrees to abide by city and county regulations for removing snow from all walkways, sidewalks, etc. in a timely fashion. _______ _______ 33. YARDS: The Resident agrees to cut all of the grass on the premises on a regular weekly basis in order to insure a neat well-kept appearance of the grass. If mowing is not performed on the schedule of once per week, The Agent will hire contractors to have the lawn mowed at the Resident(s) expense weekly. NO notice will be given to the Resident(s) in the event that said contractors are hired to mow and fertilize the lawn. The minimum charge for lawn mowing is $75.00 per occurrence. Mowing and fertilizing lawn will be provided by owner. The Resident agrees that during the hot summer months to keep the grass at such a length as to prevent the yard from drying out or burning. The Resident agrees to water all foliage and grass on the premises as is required during the entire year to keep the in a green, healthy condition. The Resident is responsible for watering lawn, foliage and trees, removing weeds, raking leaves, maintenance, repair, and upkeep of all trees, bushes, shrubs, flowers, and garden areas on the premises. Resident is to remove water timers and all hoses from spigots if temp is below 40 degrees to avoid freezing and damaging plumbing._____ _____ 34. RIGHT OF RE-ENTRY: The Owner may enter the premises at any reasonable time to examine and inspect the same, to clean and repair the premises if necessary, to exercise a Landlords Lien, to collect rent, to solve any problem of an emergency nature at any time, to accomplish a right given elsewhere in this agreement, to show the premises or for any other reasonable purpose. Once the Resident has vacated the premises, Owner may at any time perform repairs, maintenance, or improvements. AGENT INITIALS ________ RESIDENT(S) INITIALS_______ _______
  • 12. 35. TERMINATION BY RESIDENT OR OWNER: This Agreement may be terminated by the Resident only by written notice, by certified mail, to the Owner at least Sixty (60) days prior to the expiration of the minimum term or if lease is renewed, it is extended for a period of time as the original term and notice for termination remains the same. If resident delivers possession of the premises to landlord, or abandons the premises, prior to the termination of this lease, Resident agrees to pay to Landlord the rent until the date the lease terminates at the end of the applicable notice period. Landlord /Owner may terminate this Agreement without cause by giving resident ten (10) or more days written notice prior to the end of the minimum term or, thereafter, ten (10) or more days prior to the end of any month. Landlord may terminate this agreement for cause as provided by Colorado Law. _______ _______ Resident acknowledges that failure to complete the minimum lease term or failure to give the required written sixty (60) day notice, will damage Landlord and Landlord will incur costs and expenses including , but not limited to costs to make the premises showable to prospective residents that would not normally be chargeable as damages, advertising costs, time showing the unit and screen potential residents, delay in scheduling work by contractors or Landlord’s employees, and lost opportunity costs of renting other premises. If proper notice is not given and/or, if resident fails to complete the minimum lease term, Resident agrees to pay to Landlord an Improper Termination Fee in the amount equal to two (2) months’ rent of current monthly rent amount. _______ _______ 36. INCREASE IN RENT: At any time while the tenancy is on a month-to-month basis, the Owner may increase the rent described in this Agreement. Such notice of an increase in rent shall not constitute a termination of this Agreement. If the Resident does not desire to continue renting the premises at the increased rental rate, Resident shall terminate the Agreement pursuant to the provisions of this Agreement. An increase in the rent amount due under this Agreement shall have no effect on the other provisions in this Agreement and all other provisions of this Agreement will remain in effect. If lease is renewed or extended an automatic increase of 6.5 % per month from the existing rental rate shall be effective. _______ _______ 37. NEW TENANTS: Resident agrees to permit the Owner to put “For Rent” signs upon the premises at any time during the 60-day period before the termination of this tenancy. The Resident agrees that the Owner or his agent may enter the premises at any time or on any day during the 60-day period before termination of this tenancy between 9:00 A.M. and 7:00 P.M. To show the premises to prospective tenants. The premises may be shown during these hours, whether or not the Resident or any of Residents family is present on the premises. During the 60-day period, the Resident agrees to keep the premises in a clean and orderly condition and suitable for showing of the premises to prospective tenants. The Resident agrees that any pets, which might interfere with the showing of the premises, will be locked in the garage, chained in
  • 13. the back yard, or will be kept away from the premises so that the premises can be freely shown to prospective tenants. The resident agrees that if all of the provisions of this agreement and this paragraph are not complied with, any notice of termination from the Resident to the Owner will not be effective until all of said provisions are complied with. The Owner may enter the premises to make whatever cleaning, repairs, upkeep, and maintenance are deemed necessary by the Owner so that the premises are suitable for showing to prospective tenants. The Resident agrees to pay immediately to the Owner the amount of all said cleaning, repairs, upkeep, and maintenance plus the overhead allowance stated elsewhere herein. All provisions in this Agreement will be in full force and effect if the Owner notifies the Resident that the premises are being sold and will be shown to prospective buyers _______ _______ 38. GENERAL PROVISIONS: This Agreement together with any written agreement executed simultaneously herewith, contains the entire Agreement between the parties and shall not be changed, modified, or discharged in whole or in part except by an Agreement in writing signed by Owner and Resident(s). THERE ARE NO ORAL UNDERSTANDINGS, initials, terms or conditions and neither party has relied upon any representations, expressed, or implied, not contained in this Agreement or written Agreement, if any, executed simultaneously therewith. 39. LAST DAY OF LEASE: The Resident specifically agrees to completely vacate the premises by 10:00 A.M. on the last day of the tenancy. 40. OWNER RELIEVED OF OBLIGATIONS: The Owner shall be relieved of all of the obligations under this lease in the event of any Acts of God, fire, civil commotion, vandalism, failure of utilities, government action, sale of the property, or any other interruption of the Agreement beyond reasonable control of the Owner. _______ _______ 41. ALTERATIONS TO PREMISES: The Resident agrees to make NO alterations to the premises, or to install any antennas, or to affix or make any holes in the roof or walls without first obtaining the written consent of the Owner. The Resident agrees that any and all improvements made on the premises shall become the property of the Owner and that the Owner shall be under no obligation to reimburse the Resident for such improvements. The Resident agrees to obey all laws affecting said premises, to repair all damages to the premises due to negligence and/or abuse during the term of this agreement, to replace all broken and cracked glass, and to replace all burned-out light bulbs on said premises. The Resident agrees to keep all the improvements upon said premises including all sewer connections, sod, plumbing, wiring, glass, door and window screens in good order and repair at Residents expense, and at the expiration of this Agreement, to surrender and deliver up said premises including all plumbing, sewer connections, sod, wiring, glass, door and window screens in as good order and condition as when the same was entered upon. _______ _______
  • 14. 42. CLEANING PREMISES: Upon vacating the property, Agent shall contract for deep cleaning at the resident(s) expense if deemed necessary by agent. Resident(s) agrees to pay any cleaning costs, which will be deducted from resident(s) security deposit. If resident(s) clean on their own, agent reserves the right to re-clean if necessary, at the resident(s) expense with the contractor of agent’s choice. In the event that the Resident has not caused the interior of the premises to be cleaned by 10 A.M. on the last day of this agreement, the Resident hereby contracts and agrees with the Owner that the Owner shall have all of the interior premises cleaned. Resident agrees to pay Owner $300.00 per days as additional rent if Resident remains in premises after 10:00 AM on the termination date of the lease. AGENT INITIALS ________ RESIDENT(S) INITIALS_______ _______ Carpet: Upon vacating the property, resident(s) agree to contract to clean all carpet on the premises. Carpet cleaning must be performed by a professional reputable licensed and insured company using a truck mounted carpet cleaning system, Pet antibacterial, enzyme, anti- microbial, deodorizer and scotch guard must be applied to all carpeting. Proof of service/work performed is required prior to end of lease. Agent reserves the right to re-clean the carpets, at resident(s) expense, if necessary, with the contractor of Agent’s choice. Agent shall contract for professional carpet cleaning at the Resident’s expense. Cost of cleaning will be deducted from the Resident’s security deposit _______ _______ Touch up Painting. Upon vacating the property, agents shall contract for touch up painting at the owner’s expense up to $50.00. Resident(s) agree to pay any additional touch up painting costs. Cost of touch up painting will be deducted from resident(s) security deposit. If resident(s) touch up paint on their own, agent reserves the right to re-paint if necessary, with the contractor of agent’s choice. Touch up painting shall include but is not limited to painting entire walls, rooms, or the entire property if necessary. If the premises are not left clean, and in good condition and repair, normal wear and tear accepted, the Resident agrees to pay $250.00 per day for each day that the premises are being cleaned, painted, and repaired by the Owner. In addition to these termination provisions, the Owner shall have the termination options described elsewhere in this Agreement. 43. NOTICE OF DAMAGE: The Resident shall promptly notify the Owner of any damage to the premises in writing and sent to PO BOX x Denver Colorado x. or Resident is liable for repair of same, due to negligence and/or abuse. Residents are not allowed to hire outside labor for repair to any damages without prior written authorization by owner/manager._______ _______ 44. NOTICES: Resident agrees that any notice or court process may be served by posting on the property and Resident waives personal service.
  • 15. 45. JOINT AND SEVERAL LIABILITY: It is understood and agreed that each party signing this Rental Agreement is liable for the full amount of any and all financial obligations and is further agreed that each and all of the signors herein are jointly liable for any and all financial obligations. 46. SMOKING: Resident(s) agree that the leased Premises is a NON-SMOKING premise. No Resident, member of Resident’s household or Resident’s guests will be allowed to smoke anything including medical Marijuana on the Premises unless specific authorization in writing is given by Owner/Agent under this Lease. Resident(s) understand and acknowledge that smoking in the unit may result in damage that may require extra cleaning, painting, re-carpeting, and/or the replacement of window coverings or the entire unit to remove smoke: the cost of which will be deducted from the Resident’s security deposit. _______ _______ 47. LEASE CHANGE: If this Lease is changed at the request of the Resident(s) and agreed to by the Owner/Agent in writing $525.00 lease change fee must be paid. This fee must be paid prior to making any changes to the lease. 48. MAINTENANCE REQUESTS: All maintenance requests must be made in writing and sent to the office at PO Box x Denver Co x, unless the maintenance issue is a genuine emergency. Maintenance requests that are not made in writing that are not an emergency may not be attended to. If maintenance issues have not been addressed within two business days from receipt of notification by the Owner/Agent, in writing the resident(s) are required to follow up with the Owner/Agent at that time. ______ _____ 49. ADDENDUM(S): All addendums and attachments are incorporated as part of this agreement. 50. GUARANTORS): If the Lease is guaranteed the person(s) guaranteeing the Lease (“Guarantor”) absolutely guarantees Resident’s/Tenant’s obligations and performance under the Lease. Guarantor further agrees to be bound by the same covenants and conditions of the Lease and makes the same warranties and representations as Tenant under the Lease. If Tenant defaults in the performance of Tenant’s obligations under the Lease, Guarantor will perform Tenant’s obligations. TENANT(S)/RESIDENT(S) AND GUARANTOR(S) STATES THAT TENANT AND GUARANTOR HAS READ THE ABOVE AGREEMENT IN ITS ENTIRETY, THAT TENANT AND GUARANTOR COMPLETELY UNDERSTANDS ALL THE PROVISIONS OF THE AGREEMENT, AND THAT TENANT AND GUARANTOR AGREES TO PERFORM, SAID AGREEMENT. Signed and sealed this x day of x.