The Lease Addenda is a very, very important form for landlords. This lease addenda spells out in plain English all the key things that we've learned over the years that our renters really need to be informed about. This document includes but is not limited to (there are actually 31 items covered in this document) items like:
- Deposits and last month rent (not to be used for).
- Due dates and late fees for rent.
- Smoke Alarm Batteries Reminder
- Air Conditioning Filter Reminder
- Landscaping Responsibilities
- Unauthorized Repairs / Improvements
- 30 Days Notice Reminder
- Criminal Activity
- Move-in Inspection (Rental Property Condition) Reminder
- Subletting
You'll want to copy and paste these items as well as others items that you can think of that make sense for your specific property into the body of the document at the bottom of this post (which is just a sample header and footer for ease of use). So, with out further ado, here are the 31 items that we put in every lease addenda for every rental agreement that we sign with a tenant:
- Tenant understands that the Security/Cleaning/Redecorating Deposit is NOT to be used toward the last month's rent.
- Rents are due on the 1st of each month and are delinquent on the 2nd. 5-day notices will be served; there is a service fee for each notice, and this is charged to the tenant. Late fee is $35.00 per day retroactive from the 5th day of the month.
- Tenant shall take responsibility for checking batteries in the Smoke Alarm at least once a month and replacing when needed. If the smoke alarm is not functioning, the Tenant should notify Owner/Landlord immediately.
- Tenants are to change air conditioner filters every 30 days. Tenant's failure to change filters may cause the Tenant to be billed for damages. Tenant to maintain the home interior in a neat, orderly and "maid serviced" manner. Failure to do so may be a cause for excess wear and tear, and may be considered a material breach of the lease terms.
- The Tenant is responsible for maintaining the lawns, desert landscaping, shrubs, trees and other landscaping including mowing and trimming. Failure to maintain the exterior of the premises is justification to withhold deposits to restore the property to pre-rental condition.
- Repairs caused by resident neglect or negligence will be charged to the Tenant (i.e. a child's toy causes blockage in a toilet or sewer line, or excess hair stops up sink or shower line). Such charges must be paid within ten (10) days of written notice from the Landlord/Owner.
- The Property Owner/Landlord will NOT pay for unauthorized repairs.
- Tenants will not work on/repair vehicles at the premises; there should be no unregistered, non-functioning or commercial vehicles parked on, in front of or adjacent to the property that is visibly in sight from the street.
- The Owner/Landlord only warrants serviceability on the following appliances: air conditioner, heater, conventional water heaters, range/oven, refrigerator and dishwasher, if provided, and all other major electrical and plumbing systems. Owner/Landlord does not warrant or repair washer(s) and dryer(s).
- It is the responsibility of the Tenant to acquire and maintain liability insurance if the Tenant has a waterbed and/or pet. As noted in lease, written permission must be obtained from the Owner/Landlord to install a waterbed or have a pet at the property.
- The Owner/Landlord is not responsible for the Tenants personal belongings. Tenant understands that they may choose to obtain Renters/Tenants Insurance.
- Tenant must give written notice thirty (30) days prior to the expiration of this agreement to vacate or renew. On a month-to-month basis, the termination of this lease can only coincide with the end of a calendar month, unless agreed to by all parties.
- Tenant is to allow Landlord/Owner/Real Estate Agents to show the property for lease or sale during the last thirty (30) days of tenancy with proper notice. Tenant will allow placement of a Lockbox with property key the last 30 days of tenancy. Failure to comply may result in forfeiture of deposits.
- Tenant may obtain a free copy of the AZ Residential Landlord/Tenant Act from the Secretary of State office.
- Non-refundable fees will be applied to the following: cleaning/carpet cleaning/re-keying property.
- Tenant acknowledges receipt of a move-in inspection form. It is the Tenant's responsibility to return to Owner/Landlord within ten (10) days of occupancy.
- Criminal Activity: Tenant(s) or members of Tenant's household will not permit the dwelling to be used for, or to facilitate criminal activity, including drug related activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. Violation of this provision shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. Proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence.
- Indemnity: Tenant(s) shall indemnify and hold Owner harmless from and against any and all claims, liability, penalties, damages, expenses and judgements for injuries or accidents to people or property of any nature however caused, occurring on or about the leased premises during the lease term and any other period of occupancy, including costs, expenses, attorney's fee incurred by Owner in defense of any such claims, whether or not such claims are adequately covered by insurance.
- Waiver: Either party's waiver of any breach of this lease shall not be deemed to be a waiver of any such breach on subsequent occasion, and failure of either party to insist on performance of the terms, agreements and conditions of this lease shall not constitute a relinquishment of such party's right thereafter to enforce such term, agreement or condition but the same shall remain in full force and effect. Should any provision or any part thereof in this lease agreement be determined unenforceable or illegal, the remaining terms shall remain in full force and effect.
- Utilities: Tenant(s) are responsible for having all utilities placed in their own name(s) prior to move in. Tenant further agrees to pay any and all deposits (if any) as required by utility companies.
- Assignment and Subletting: The Tenant may not assign or sublet the premises without the express written permission of the Landlord/Owner. An application fee will be charged by the Landlord/Owner to cover the cost of credit and background checks.
- Alterations: The Tenant shall make no alteration, addition or improvement to the property, either inside or outside, without the written consent of the Owner/Landlord.
- If property has an electric garage door opener, remotes will be operable upon move-in. Remotes are not warranted beyond move-in.
- Tenant agrees to return all house keys, mailbox keys, garage door openers and any other keys at time of move out. A $75.00 re-keying fee will be charged if all keys are not returned and $35.00 for each garage door remote.
- Tenant agrees to conduct a final walk-through inspection with Landlord/Owner at the end of the lease term. Tenant agrees to have all personal property removed from the premises at the time of final walk-through inspection. Owner/Landlord has no obligation to conduct a joint move-out inspection with the Tenant if A.R.S. 33-1321C shall apply.
- FIRSTNAME LASTNAME and FIRSTNAME LASTNAME are owners of said property.
- Tenant understands that smoking is not permitted inside the home or garage.
- Tenant agrees to notify Landlord/Owner immediately of any water leaks that occur (i.e. leaks at sinks/vanities/tubs/showers/laundry spigots/appliances, ceiling stains or any water penetrations observed).
- Tenants are responsible for carpets being professionally cleaned prior to lease expiring; proof of cleaning is by receipt.
- If property is located in a homeowners association, Tenant is responsible for any fines assessed to property for violations caused by the Tenant. The two most common violations are garbage cans being left out on non-pick-up days and weed control. Homeowner's rules and regulations are available upon written request only.
- In the event that the property is sold the lease / rental agreement between landlord and tenant is cancelled on the date the new owner takes possession of the property. Tenant has 30 days to vacate the property or sign a new lease with the new owner at the owner's option.
Actual.pdf and word documents are available on the post of this article I made on my blog. Located here:
http://landlord.ideaboxllc.com/2010/06/31-items-to-put-in-your-lease-addenda-rental-form/
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