Move in ready house conveniently located between Charleston and Huntington. Private setting with large yard. Freshly painted throughout with newly installed window blinds. Washer/dryer hookups. Utilities and lawn care are tenant responsibility. Motivated landlord addresses maintenance issues in a timely manner. 1. TERMS: This agreement shall commence on _________, 20__, to the same month/day in 20__. Thereafter, this lease will automatically renew from month to month unless terminated by either party providing to the other a 30-day written notice of intention to terminate. 2. PAYMENTS: RESIDENT agrees to pay $750 per month on/before the 1st day of each month in advance and without demand or notice. Monthly rent per the terms shall be payable to ____________________ at the following address_______________________________________. Payments are to be made by check, money order or cash. A deposit of $750 was previously collected payable to _________________________. 3. SECURITY DEPOSIT: The total of the above deposit shall secure compliance with the terms and conditions of this agreement and shall be refunded to the RESIDENT within 40 days after the premises have been completely vacated less any amount necessary to pay the OWNER any unpaid rent, cleaning costs, key replacement costs, cost for repair of damages to premises above normal wear and tear and any other amount legally allowable under the terms of this agreement. A written account of said charges shall be presented to the RESIDENT within 40 days of move out. If deposits do not cover such costs the RESIDENT shall immediately pay said additional cost for damage to the OWNER. 4. LATE RENT: A late fee of $35 shall be added and due for any payment made after the 1st of the month. Any dishonored check shall be treated as unpaid rent and subject to the late fee. Late payment of two consecutive months will result in a written two-week (14 day) RESIDENT notice to vacate the residence followed by immediate cancellation of this agreement at the conclusion of the two-week period. 5. UTILITIES: RESIDENT agrees to pay all utilities and/or services based upon occupancy of the premises. 6. OCCUPANCY AND USE: ONLY the following persons __________________________________________ and NO OTHERS shall occupy the premises solely as a private residential dwelling for more than 14 days unless the express written consent of the OWNER is provided in advance. Guest(s) staying more than 14 days without OWNER written consent shall be considered a breach of this lease agreement. RESIDENT agrees not to use or permit the use of the premises for unlawful or immoral purposes including processing, storing or use of illegal drugs. RESIDENT agrees not to hamper, disturb or interfere with other persons in the neighborhood or to cause or allow excessive noise or activity on the premises. Further, RESIDENT agrees to comply with all laws, rules, regulations and direction of governmental authorities. Such actions shall be considered a breach of this lease agreement. 7. EQUIPMENT: The OWNER has furnished the premises with a refrigerator, stove, AC/ heating system, wooden window blinds and light fixtures among other mechanical installations. RESIDENT agrees to use and maintain all such equipment and plumbing fixtures in accordance with the manufacturer's specifications and OWNER regulations. The OWNER shall approve all repairs. If the RESIDENT fails or refuses to make repairs caused by the RESIDENT'S misuse or neglect, after reasonable notice, the OWNER may cause same to be done and cost thereof shall be additional rent immediately to the OWNER. 8. PETS: Cats and small dogs are permitted for an additional deposit of $300 per pet. The total of this deposit shall secure compliance with ensuring damage to the property is not caused by the RESIDENT'S pet(s) and shall be refunded to the RESIDENT within 40 days after the premises have been completely vacated less any amount is necessary to pay the OWNER for wear and tear causes by the RESIDENT'S PET(S). A written account of said charges shall be presented to the RESIDENT within 40 days of move out. If deposits do not cover such costs the RESIDENT shall immediately pay said additional cost for damage to the OWNER. 9. SMOKING: Smoking by the RESIDENT or any other persons visiting the residence is prohibited on the property. 10. LAWN CARE: RESIDENT agrees to regularly (at least weekly or as needed) maintain all lawn care including mowing and trimming. 11. PARKING: The RESIDENT may park in the driveway located beside the house, which shall be used exclusively for the parking of passenger vehicles listed on the RESIDENT'S application. The RESIDENT may not park or store nonfunctioning vehicles (e.g., automobiles, boats, campers) on the property. Parking space may not be used to repair or paint vehicles. Parking in front of the property on the grass by the road may only be utilized for temporary guest parking when driveway parking is unavailable. RESIDENT or guests may not drive or park in the yard/grass area of the property. 12. DESTRUCTION OF PREMISES: If the premises become totally or partially destroyed during the term of the agreement so that the RESIDENT'S use is seriously impaired, the OWNER and RESIDENT may terminate this lease agreement immediately upon three-day notice to the other. 13. CONDITION OF PREMISES: RESIDENT acknowledges that s/he has examined the premises prior to move in and that said premises provided by the OWNER are clean and in satisfactory condition. RESIDENT agrees to keep the premises in good order/condition and to repair/replace damages whether natural or by the READIDENT and/or his/her guests in a reasonable amount of time. At the termination of this agreement, the premises shall be returned to the OWNER in clean and good condition except for reasonable wear and tear. Further, the premises shall be free of all personal property and trash not belonging to the OWNER. This includes removing all the RESIDENT'S personal items from the basement of the rental. Finally, it is agreed that excessive dirt, holes, tears, burns and stains in the carpets, window fixtures and/or other parts of the premises, do not constitute reasonable wear and tear. 14. ALTERATIONS: RESIDENT shall not paint, wallpaper, alter, decorate or install locks or antennas or other equipment, place signs or other exhibits on or in any portion of the premises without prior written permission from the OWNER. Exterior changes to the property (e.g., installation of swimming pools, swing sets, fire pits, gardens) require written permission from the OWNER. 15. PROPERTY MAINTENANCE: RESIDENT shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat/clean. Placement of the garbage canister shall be on the concrete area of the driveway rather on than the grassy area of the yard. RESIDENT shall be responsible for disposing of items of such size and nature, as are not normally acceptable by the garbage collector. RESIDENT shall be responsible for keeping the kitchen and bathroom drains free of items that may tend to cause clogging of the drains. RESIDENT agrees to provide the OWNER prompt notice of any defect/maintenance need including issues with water, electrical, plumbing, AC/heating system, appliances, etc. to ensure prompt repair. 16. CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by the OWNER after the expiration of the agreed lease period upon 30-day written notice setting forth such change and delivered to the RESIDENT. Any changes are subject to laws in existence at the time of the Notice of Change of Terms. 17. TERMNATION; After expiration of the annual leasing period, this agreement is automatically renewed from month to month, but may be terminated by either party giving to the other a 30-day written notice of intention to terminate. The premises shall be considered vacated only after all areas, including storage areas, are clear of the RESIDENT'S personal belongings and keys are returned to the OWNER. Should the RESIDENT hold over beyond the termination date or fail to vacate all possessions on or before the termination date, RESIDENT shall be liable for additional rent charges/damages, which may include damages due to the OWNER'S loss of prospective rent income. 18. INSURANCE: RESIDENT acknowledges that the OWNER'S insurance does not cover personal property caused by fire, theft, rain, war, acts of God, acts of others and/or any other causes, nor shall the OWNER be held liable for such losses. RESIDENT is hereby advised to obtain rental insurance to cover any personal losses. 19. RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect and/or repair the premises at any time in case of emergency or suspected neglect/abuse, abandonment of property or to ensure unlawful activities are not conducted on the premises. OWNER shall give 24 hours advance notice and may enter the premises for the purpose of annual smoke detector inspection/battery replacement and/or for periodic equipment inspections/maintenance. The OWNER is permitted to make alterations, repairs and maintenance that in the OWNER'S judgement are necessary to perform. 20. ASSIGNMENT: RESIDENT agrees not to transfer, assign or sublet the premises or any part thereof. 21. PARTIAL INVALIDITY: Nothing contained in this agreement shall be construed as waiving any of the OWNER'S or RESIDENT'S rights under the law. If any part of this agreement shall be in conflict with the law, that part shall be void to the extent that it is in conflict, but shall not invalidate this agreement nor shall it affect the validity or enforceability of any other provision of this agreement. 22. DEFAULT CLAUSE: If the RESIDENT shall fail to pay rent of any other required charge or if the RESIDENT shall breach any of the terms of the lease agreement, then as to every default or breach, including non-payment of rent, the OWNER will give the tenant two-weeks (14 days) notice of the termination of the lease agreement. This lease shall expire accordingly and the RESIDENT shall surrender possession to the OWNER, but the RESIDENT shall remain liable as hereinafter provided. If the premises becomes vacant or abandoned, this lease agreement shall expire and the OWNER will enter and take possession. In this case the OWNER shall not be required to remove the property of the RESIDENT for storage and may dispose of the property and the OWNER will not be responsible for damages for entering the premises or removing/disposing of the RESIDENT'S property. The RESIDENT agrees that whether possession is taken, or this lease agreement is cancelled by the OWNER, the entire unpaid balance of rent shall accelerate and immediately become due and payable and the RESIDENT shall be responsible for all costs, including attorney's feeds incurrent the OWNER in and about enforcing this and any other provision of this lease agreement. In the event of a default by the RESIDENT, the OWNER shall not either retain the security deposit as liquidated damages or to apply it against actual damage sustained by the OWNER by reason of the RESIDENT'S. The retention of the security deposit shall not be the only remedy to which the OWNER is entitled, but shall have all recourse against the RESIDENT provided by this lease agreement, by law and all remedies shall be cumulative and non-exclusive. RESIDENT agrees to pay OWNER'S reasonable attorney's fees and expenses incurred in and about enforcing any terms of this agreement, in collection of past due rent and in about recovering possession from the RESIDENT. 23. CANCELLATION: OWNER may cancel or terminate this lease giving 30-days written notice of intent to so terminate/cancel the lease agreement. If the RESIDENT desires to terminate/cancel this lease agreement prior to maturity, the OWNER must approve the termination request in writing. 24. REPORT TO CREDIT/TENANT AGENCIES: RESIDENT is hereby notified that a nonpayment, late payment or breach of any of the terms of this rental/lease agreement may be submitted/reported to a credit and/or tenant reporting agency and may create a negative credit record. 25. NOTICES: All notices to the RESIDENT shall be delivered by the OWNER to the RESIDENT'S premises with the exception of a legal notice delivered via certified mail to the RESIDENT'S rental address. All notices from the RESIDENT shall be served to the OWNER'S residence address as noted in #2 above. 26. *KEYS AND INSPECTION OF PROPERTY: RESIDENT acknowledges receipt of the following which shall be deemed as a part of this agreement: _____ # of keys to side and front doors _____ Utility Contact Information _____ Initials to indicate property has been inspected and is clean and maintained. Further, the basement is empty with exception of the following items: replacement windows/screens, 3 tables, a mirror and a snow shovel at the top of the steps for tenant utilization. 27. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the OWNER and the RESIDENT. No oral agreements have been entered into and all modifications or notices shall be in writing to be valid. 28. RECEIPT OF AGREEMENT: The undersigned RESIDENT(S) have read and understand the agreement and hereby acknowledge receipt of the copy of this rental agreement.
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