Standard Lease Agreement

_Re/Max Prestige Property Management, 2331 Hualapai Mtn Rd, Kingman, Arizona as Manager and Agent (Hereinafter “Management” for Owner, rents to Resident(s), jointly and severally, the premises located at

 

_____________________________________________ ________________, Arizona to be used for the

Sole purpose of a personal residence by (Name each Occupant):

 

(1) ________________ ____________Social Security Number_____________________

 

(2) ____________________________Social Security Number_____________________

 

(3) ____________________________Social Security Number_____________________

 

(4) ____________________________Social Security Number_____________________

 

DAY TIME CONTACT TELEPHONE NUMBER_________________________________

 

Add additional sheet as necessary

 

Lease period is for a term of ____ month(s) beginning ___________ ______ and ending _________________. Resident(s) shall pay rent, tax, charges and deposits as set forth below. Occupancy is limited to those persons named above only. Total lease for period shall be $_________payable in monthly installments of $____________.

 

Rent _________________________                        Security Deposit _________________

Pet Rent ______________________                                     Cleaning Deposit___________________

Parking Rent __________________

Other ________________________                          Non-Refundable

Application Fee: __$30____________

_____________________________                          Pet Deposit _____________________

 

Subtotal ______________________                          Pet Sanitizing Charge ______________

City Sales Tax _________________

(Applicable rate subject to change                              UTILITIES

during lease term)                                                       Paid By:   Owner    Tenant

RENT PAYMENT. The rent shall be $________ per month plus applicable sales tax payable

in advance on or before the _________day of each month at the location designated by Management, which is payable with a personal check, cashier’s check, certified check or money order in the exact amount due.

 

No second party checks will be accepted. Resident will pay as additional rent no later than the next

rental payment date: (1) $10.00 per day for each day after the _____________ that any

portion of the rent is delinquent; (2) $35.00 for each non-sufficient fund check returned by

the Resident’s bank and thereafter all future rent and charges shall be paid only in the form of cashier’s

check or money order; (3) The costs or repairs caused by damages due to act of neglect by Resident or Resident’s guest; and (4) $ 50.00  fine for bringing an unauthorized pet on the property.

Resident’s failure to pay any rent or any other charges due may provide basis for termination of the Rental

Agreement regardless of remaining lease length at the option of Management. Resident further agrees that Management has the exclusive right to determine how Resident’s payments are applied towards the various monetary obligations of this Rental Agreement (i.e. rent, unpaid deposits, charges and/or pet permit violations).

 

UTILITY COST ADJUSTMENT DURING LEASE TERM. Management shall have the right, upon

thirty (30) days notice to Resident, to increase the total rent due by an amount reasonably related to any

increase in the cost of utilities for either electricity and/or natural gas, if applicable, for those utilities paid by the owner or manager.

 

PARKING POLICIES. Resident agrees that only those vehicles (including trailers and boats)

identified below may park on the property without separate written consent from Management

 

MAKE/MODEL TYPE YEAR LICENSE NO. STATE SPACE NO. (Apartments only)

_____________________________________________________________________________________

_____________________________________________________________________________________

 

Management may assign parking spaces or areas for residents and guests. Management may also

designate: (1) No Parking areas; (2) Whether trailers, boats, or campers may park and where

inoperable, abandoned or unauthorized vehicles will be towed away at the owner’s expense after a

__24________ hour notice is posted on vehicle. The 24-hour notice does not apply to vehicles that are

parked in a space assigned to another resident, parked in a marked tow-away zone or parked to impede

traffic or trash collection easements. Vehicles parked in this manner will be towed away immediately

without warning at owner’s expense. If Management pays resident’s towing expenses, such expense

shall be deemed as additional rent owed and be immediately due and payable. Guests must only use

unassigned spaces. Vehicle repairs may only be done with Management’s permission and in areas and

at times specified by Management. Motorcycles must be parked in parking lots, never on sidewalks, in

landscape areas or apartments and must not damage asphalt, etc. Vehicles parked on the property must

park “head in” only and show current registration. Management may elect to charge as additional rent a

$100.00 fine for repeat offenders.

 

 

ACCESS. Management will not enter Resident’s unit without prior 48-hour notice except to deal with

an emergency. Resident further agrees that this notification to Management of service or maintenance

request grants Management authority to enter the unit at all reasonable times for the purpose of that

request, and Management must have advance written permission from Resident to open Resident’s unit

for others (i.e. delivery personnel, service personnel, friends, etc.). Resident is aware that under these

circumstances, Management is not responsible for lost or stolen articles. Resident allows that the

property may be shown during the last thirty (30) days of the tenancy to prospective residents, buyers, or

others with a 24-hour phone notice. Resident acknowledges that it is impractical to give 48 hours

written notice during this last thirty-day time period and shall allow access as agreed herein.

RESIDENT’S POLICIES. (A) Resident shall not decorate or alter the unit, patio or balcony area,

change door locks, add a new lock, have a waterbed, sublet, or park a motorized vehicle in the unit

without written permission from Management. (B) Resident further agrees to comply with state statutes

and city ordinances which are applicable to the premises. (C) Resident shall show due consideration of

his neighbors and not interfere with other residents’ quiet enjoyment, and Management shall be sole

judge of acceptable conduct. (D) Resident has carefully inspected the premises and finds them to be in

a clean, rentable, undamaged condition except as may be noted otherwise in the unit inventory. Resident

agrees to exercise reasonable care in the use of the premises and maintain and redeliver the same in a

clean, safe and undamaged condition. (E) To avoid potentially serious damage to a dwelling, tenant must notify management within 24 hours of finding any portion of the dwelling in need of repair; If tenant neglects to notify management in a timely manner, tenant shall assume full financial responsibility for damage. (F) Guest(s) of the Resident are limited to the equivalent of 2 persons per bedroom for each dwelling and must have Management’s written consent if they stay in the dwelling more than seven (7) days.

 

ABANDONMENT. Abandonment means absence of the Resident from the dwelling unit without

notice to Management for at least seven (7) days if rent for the unit is outstanding and unpaid for ten

(10) days and there is no reasonable evidence, other than the presence of the Resident’s personal

property that the Resident is occupying the unit. Such abandonment shall not constitute a “surrender”

without the consent of Management, and in the event of abandonment, Management shall be entitled to

all remedies at law or in equity, which provides that if personal property is abandoned by the Resident

and determined by Management to be of less value than the cost of moving, storage and conducting a

sale of such personal property, Management may destroy or otherwise dispose of any or all of the

abandoned property.

 

COMMUNITY POLICIES. The community policies, if applicable, are for the mutual benefit of all

residents and are deemed a part hereof of this Rental Agreement and violations or breaches of any

community policy shall constitute a default under the Rental Agreement.

DISCLOSURE. __________________________ __________________ is the Owner under this

Lease and service of process can be made through its statutory agent. All other notices must be in

writing and delivered to the Manager’s Office during regular business hours or sent by registered or

certified mail to the Manager’s Office during regular business hours, except as may be provided by

Addendum to this Lease.

 

 

OPTION TO RENEW/RENT INCREASE. At expiration of this Lease, this Lease will automatically

renew on a month-to-month basis under the same terms and conditions unless Resident gives

Management a 30-day prior written notice of Resident’s intent to vacate by delivering to Management a

vacate notice, or unless Management, at its sole option, chooses to not renew this Lease, and in such

case, Resident agrees to vacate on the expiration date of the Lease. The rent may increase upon the

expiration date if a 30-day prior written notice of such an increase is provided to Resident. A specific

length lease of greater than one month, but no longer than one year, may be required for continued

occupancy.

INDEMNIFICATION. Management shall not be liable for any damage or injury to the Resident(s) or

any other person, or to any property, occurring on the premises, or any part thereof, or in the common

areas thereof, unless such damages is the proximate result of gross negligence or unlawful act of

Management, its agency, or employees and Resident agrees to hold Management harmless from any and

all claims for damages no matter how caused, except for injury or damages for which Management is

legally responsible. Resident shall be responsible for obtaining fire, extended coverage and liability

insurance with respect to the contents of the dwelling. Resident understands that Management’s

insurance does not cover Resident’s belongings from losses not caused by Management’s negligence

and Management encourages Resident to obtain an all-risk policy in addition to marking all valuables

for “Operation Identification”.

 

WAIVER. Failure of Management to insist upon strict compliance with the terms of this Rental

agreement shall not constitute a waiver of Management’s rights to act on any violation.

ATTORNEY’S FEES. In the event of legal action to enforce compliance with this Rental Agreement,

the prevailing party may be awarded court costs and reasonable attorney’s fees.

SEVERABILITY. If any provision of this Rental Agreement is invalid under applicable law, such

provisions shall be ineffective to the extent of such invalidity only, without invalidating the remainder of

this Rental Agreement.

REMEDIES CUMULATIVE. All remedies under this Rental Agreement of by law or equity shall be

cumulative.

SECURITY. Resident hereby agrees and acknowledges that Management and Owner shall not provide

and shall have no duty to provide any security services to Resident or the community. Resident shall

look solely to the public police force for security protection and Resident agrees and acknowledges that

protection against criminal action is not within the power of Management and Owner, and, even if from

time to time Management provides security services, those services cannot be relied upon by Resident

and shall not constitute a waiver of, or in any manner, modify the above agreement. Management and

Owner shall not be liable for failure to provide adequate security services or for criminal or wrongful

actions by others against Resident, Resident’s relatives or Resident’s guests.

TRANSFERS. Military personnel on active duty may terminate the Rental Agreement upon receipt of

orders transferring to another base, releasing from active duty, or ordering occupancy of government

quarters. Resident agrees to give as much written notice as possible and rent will be prorated from the

notice date to move-out date. Assignment instructions for the voluntary occupancy of government

quarters is not sufficient for termination of the Apartment Rental Agreement.

MOVE-OUT CHARGES. Resident agrees that move-out charges will be determined as follows:

_ A. RENT. Resident must deliver a signed vacate notice at least thirty (30) days prior to move-out

and fulfill the agreed upon terms of the Rental Agreement.

Month-to-Month Rental Agreements. Resident agrees to pay rent for thirty (30) days from the next periodic rental due date from the date Resident delivers his notice. Rental Agreements with more than thirty (30) days remaining. Resident agrees to pay rent until the apartment is reoccupied or until the expiration of the rental agreement, whichever comes first.

_ B. INADEQUATE CLEANING. If Resident does not complete the cleaning requirements listed

as determined by Management, normal wear and tear excepted.

_ C. ADMINISTRATIVE CHARGES. I agree to pay $100.00  to defray Management’s

administrative and marketing costs if “Resident does either of the following:

1. Fails to fulfill the agreed upon term of the Dwelling Rental Agreement, or

2. Fails to deliver a written “VACATE NOTICE” to Management at least thirty (30) days prior

to move-out.

_ D. PROPERTY DAMAGE. Resident agrees that if the dwelling is not returned in the same

condition as Resident received it, less fair wear and tear as determined by Management, Resident

will be charged Management’s cost to repair. Personal property remaining after move-out will be

disposed of without accountability.

_ E. OTHER. Resident agrees to pay any unpaid preparation fee, pet sanitizing fees, late charges,

lost key charges or other unpaid charges at time of move-out. Failure to vacate on move-out date

will cost me daily rent plus two months’ rent or twice the Management’s damages, whichever is

greater as provided by law.

 

IMPORTANT: Management will first apply security and pet deposits to satisfy the

charges listed above in Paragraphs A through E. HOWEVER, IF THESE DEPOSITS

ARE INSUFFICIENT TO SATISFY THE TOTAL CHARGES, MANAGEMENT WILL

SEND RESIDENT, AT THE MOST CURRENT ADDRESS RESIDENT GIVES

MANAGEMENT, AN ITEMIZED BILL WHICH RESIDENT AGREES TO PAY

PROMPTLY. MANAGEMENT AGREES TO RETURN ALL REFUNDABLE

DEPOSITS IN ACCORDANCE WITH A.R.S. § 33-1321.

GENERAL PROVISIONS. No oral promises, representation or agreements have been made by

Owner or Management. This Lease is the entire agreement between the parties and Management

(including its employees, leasing personnel and other personnel) has no Authority to waive, amend or

terminate this Lease or any part of it and no authority to make promises, representations or agreements

which impose duties of security or other obligations on Owner or Management unless done in writing.

Further, Resident may obtain a copy of the Arizona Residential Landlord and Tenant Act at the Arizona

Secretary of State’s Office. Resident may be present at a move-out inspection of the rental unit with

written notice to the Landlord. Resident further acknowledges that he/she was provided a copy of the

Federal Lead Hazard pamphlet and accepts responsibility for reading and understanding its contents.

 

FAIR HOUSING ACCOMMODATIONS. This community is dedicated to honoring Federal and

Arizona Fair Housing laws. Accommodations will be made/allowed as reasonably necessary to the

policies and regulations of the community in order to enable Residents with disabilities to utilize the

rental premises. The community reserves the right to require reasonable medical evidence of the

disability and that the requested accommodation is necessary. The Resident may be required to restore

the premises to their prior condition if failure to make restoration would interfere with the Owner’s or

next tenant’s use and enjoyment of the premises.

Resident agrees that there shall be no smoking of cigarettes, cigars, etc. inside the rental property

at any time. Any smoking must be done outside of the rental property. Resident agrees to pay

management a fine of $___________for a violation of this provision and further

understands that this is grounds for noncompliance of the Lease Agreement and all possible

resulting legal ramifications. .

 

Resident agrees that if Resident elects to install a satellite dish they shall comply with all FCC

regulations and any other restrictions that Management may prohibit regarding the placement of

said satellite dish. Management will not unreasonably prohibit the placement of said satellite

dish but will require the Resident to fully comply with all regulations and/or conditions that

include but are not limited to no holes being drilled in outside walls, roofs, or windows and

balcony railings (if exixting).

 

5. TENANT LIABILITY/RENTER’S INSURANCE.

Resident assumes all liability for personal injury, property damage or loss, and insurable risks.

Management strongly recommends that Resident obtain and keep renter’s insurance in full force

and effect during the full term of this Agreement. .

 

6. RULES, REGULATIONS AND APPLICABLE LAW.

Both Landlord and Tenant agree to comply with applicable laws, ordinances, regulations,

Covenants, Conditions and Restrictions, and Homeowners’ Association rules and regulations

concerning the premises. Tenant agrees to supervise Tenant’s family, guests and invitees to

insure their compliance with these rules, regulations, and laws. Tenant shall be responsible for

any actions of Tenant’s family, guests and invitees who violate this Agreement or Landlord’s

rules or regulations, pursuant to A.R.S. § 33-1368(G). Tenant is responsible for any fines or

penalties assessed by any governing body as a result of “Tenant’s violation of any of these rules,

regulations, and laws. The Tenant has either received a copy of any rules, regulations, and laws

concerning the premises, or has made an independent investigation of the applicability of such

rules, regulations and laws as to the Tenant’s use of the premises. If the state, county, municipal

or other governmental bodies adopt new ordinances, rules or other legal provisions affecting this

Agreement, the Landlord may make immediate amendments to bring this Agreement into

compliance with the law. In such event, the Landlord agrees to give Tenant written notice that

this Agreement has been amended and shall provide a brief description of the amendment and

the effective date. A.R.S. § 33-1342(C).

Resident and Landlord agree that in the event of any litigation including a Special/Forcible

Detainer action or civil litigation that the parties waive their rights to a jury and agree that the

matter may be heard by a Judge. .

Resident agrees that in the event they default in their Lease Agreement and their account is

turned over to a collection agency, they shall pay the costs of the collection agency in addition to

the full amount due the Landlord for breach of the lease agreement.

 

Resident agrees that if they own a firearm, it will not be loaded at any time while on the

premises. Furthermore, the firearm must be holstered at all times and can only be in the

Resident’s vehicle or the Resident’s dwelling and not anywhere in the common or adjacent public areas of the property. .

________No pets allowed. Tenant agrees not to keep or permit any pets on the premises without

prior written consent of the Landlord.

 

_______Landlord hereby grants Tenant permission to keep the following pets on the premises:

_______No Pit Bulls

11. MISCELLANEOUS MATTERS: The following shall be the responsibility of the party

indicated: (O=Owner, T=Tenant)

 

 

In consideration of the execution of or renewal of a Lease of the unit identified in the Rental Agreement,

the parties agree as follows:

 

1. Tenant, any member of the Tenant’s household or a guest or other person under the Tenant’s

control shall not engage in criminal activity including drug-related criminal activity on or near

the said premises. “Drug-related criminal activity” means the illegal manufacture, sale,

distribution, use or possession with intent to manufacture, sell, distribute or use of a controlled

substance (as defined in Section 102 of the Controlled Substance Act {21 U.S.C. 02}).

 

2. Tenant, any member of the Tenant’s household, or a guest of another person under the Tenant’s

control shall not engage in any act intended to facilitate criminal activity, including drugrelated

criminal activity on or near the said premises.

 

3. Tenant or members of the household will not permit the unit to be used for or to facilitate

criminal activity, including drug-related, regardless of whether the individual engaging in such

activity is a member of the household or guest.

 

4. Tenant, any member of the Tenant’s household or guest, or another person under the Tenant’s

control shall not engage in the unlawful manufacturing, selling, using, storing, keeping or

giving of a controlled substance as defined in A.R.S. § 13-3451, at any locations whether on or

near the premises or otherwise.

5. Tenant, any member of the Tenant’s household, or a guest or another person under the Tenant’s

control shall not engage in any illegal activity, including prostitution, as defined in A.R.S. §

13-1211, criminal street gang activity as defined in A.R.S. § 13-105 and 13-2308, threatening

or intimidating as prohibited in A.R.S. § 13-1202, assault as prohibited in A.R.S. § 13-1203

including but not limited to the unlawful discharge of firearms, on or near the premises or any

damage, as defined in A.R.S. § 33-1368(A).

FOR IMMEDIATE TERMINATION OF THE TENANCY. A single violation of any of the

provisions of this added Addendum shall be deemed a serious violation and a material and

irreparable noncompliance. It is understood that a single violation shall be good cause for

immediate termination of the rental agreement under A.R.S. § 33-1368. Unless otherwise

provided by law, proof of violation shall not require criminal conviction but shall be by a

preponderance of the evidence.

7. In case of conflict between the provisions of this Addendum and any other provision of the

Rental Agreement, the provisions of the Addendum shall govern.

 

8. Tenant hereby authorizes Landlord to use all police generated reports as direct evidence in all

eviction hearings and trials for violation of this Addendum.

9. This ADDENDUM is incorporated into the Rental Agreement executed or renewed this date

between Landlord and Resident.

 

There has been some recent publicity regarding the existence of certain types of toxic and non-toxic

mold and similar organisms in homes, apartments and commercial buildings. Current information

indicates that some types of mold may cause severe health problems for certain individuals.

Real estate agents are not trained to identify mold or similar conditions. Mold is not detectable by a real

estate agent – sometimes not even by a professional home inspector or pest control inspector. It is even

possible that a property could have a serious but hidden mold problem unknown to the seller.

The only way to provide any reasonable assurance that a property does not have mold or other health

hazard problem is to retain the services of an environmental expert who will conduct specific tests.

Normally, these tests will consist of an interior and exterior examination for airborne spores, and a

carpet test, though other procedures may be necessary. Any visible mold should be professionally

evaluated.

Since most varieties of mold thrive on moisture, it is extremely important that you report all water leaks

to the landlord or property manager in a timely manner. It is also your obligation to report any signs of

mold or unusual odors in the property.

If the presence of mold is a material matter, you must conduct any and all inspections or tests prior to

signing a lease.

 

By signing below, Tenant acknowledges receipt of this notice.

 

Property Address:__________________________ ______________________________________

 

Tenant: _________________________________________Date:_____________________________

 

Tenant: _________________________________________Date:_____________________________

 

Landlord: _______________________________________Date:_____________________________

 

Landlord: _______________________________________Date:_____________________________

 

PROPERTY ADDRESS:­­­­­­­­­­­­­­­­­­­___________________________________________________

 

TENANT(S):______________ ________________________________________________

 

LANDLORD(S):____ReMax Prestige Properties_______________________________

 

DATE:_________________________________

 

Landlord and Tenant acknowledge that Landlord must provide Tenant with a signed copy of his/her lease and a move-in form to list existing damages of the property. Tenant is herby given written notice that they may be present at the move-out inspection.

 

Tenant may obtain a copy of the Arizona Residential Landlord and Tenant Act from the Arizona Secretary of State’s Office, 602-542-4086.

 

Landlord____________________________________ Landlord__________________________

 

 

Tenant_______________________________________ Tenant___________________________

 

 

 

 

 

 

 

 

 

 

 

a) You must pay the rent by the date it is due, and you have the right to obtain a receipt from the landlord.

b) Any security deposit and/or advance rent required from you by the landlord cannot exceed 150 percent of one month's rent. However, you can voluntarily pay more than one-and-one-half month's rent in advance.

c) You can get back the balance of any refundable security deposit within 14 business days after your rental agreement with the landlord has been terminated. However, the landlord may deduct any rent or other reasonable charges (which must be itemized in a written statement) from your security deposit.

d) Any redecorating or clean-up deposits which you pay are also returnable to you unless your rental agreement with the landlord states otherwise.

a) All blank spaces in a written rental agreement must be filled in, and you must receive a signed copy.

b) The agreement should indicate whether the landlord or tenant is responsible for paying specific utility bills.

c) Rental agreements remain in effect unless:

·         the landlord or tenant violates the conditions of the agreement, and proper notice is given to either party by the other;

·         both you and the landlord agree to end the agreement; or

·         either you or the landlord gives the other party proper notice that the agreement will be terminated.

d) Your landlord cannot raise your rent, except:

·         when the full term of any written rental agreement has expired;

·         after providing you with at least one month advance notice, in the case of a month-to-month agreement;

·         when a written rental agreement specifically provides for increases in the amount of your rent; or

·         when a transaction privilege tax on residential property is increased.

a) You must keep the rental premises as clean and safe as the condition of the dwelling permits.

b) You must dispose of all garbage, rubbish and other wastes in a clean and safe manner.

c) You must keep all plumbing fixtures clean, and use appliances and supplied utilities in a reasonable manner.

d) You must allow the landlord to enter the rental premises for repairs/inspections at reasonable times, after the landlord has given you at least two days advance notice.

e) In an emergency, the landlord can enter without your consent.

a) You must not damage or destroy any part of the rental premises.

b) You are responsible for the actions of your guests.

c) You are entitled to privacy and peaceful use of the premises. You must not act in a way which disturbs neighbors.

d) You must promptly return all keys to the landlord when you move out.

e) You must be truthful about information concerning occupants, pets, income, employment or criminal history.

a) When there is no dispute about rent being due:

If you are renting month-to-month, you must provide the landlord with written notice -- at least 30 days before your next payment would be due -- that you will be terminating the rental agreement.

If you are renting for a longer period you still may be required to provide the landlord with written notice of your intent to terminate the rental agreement. Carefully read the terms of any agreement to see what requirements apply to you.

b) If you have fallen behind in your rent payments:

You can stay in the rental dwelling if you pay any past due rent and late charges within five calendar days of being given legal notice by the landlord of possible termination of your rental agreement.

If, after your landlord files suit against you, but before a judge issues a ruling, you pay the rent, late charges, court costs and reasonable attorney fees, you also can stay in the rental dwelling. Your landlord cannot force you to move out unless a judge grants an order for your eviction (called a Writ of Restitution), and the order is served on you (usually by a sheriff or constable). If judgment is in favor of the landlord in a special detainer case, the landlord has sole discretion regarding the reinstatement of the rental agreement.

If your landlord accepts a partial payment of the rent you owe, the landlord still may have the right to evict you unless you have a written agreement that allows you to stay.

You can be held liable for two months rent (or twice the amount of any damages you caused) after your rental agreement with your landlord is terminated if it is found that you willfully failed to act in good faith, according to the terms of your rental agreement.

You may be entitled to two months free rent (or twice the amount of damages you may have suffered) if your landlord wrongfully locks you out of the dwelling or intentionally cuts off essential services.