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Rental Agreement
Asheville Property Investments, LLC.
P.O. Box 2135
Fairview, N.C. 28730
THIS AGREEMENT made this ___ day of __________, 20____, by and between Asheville Property Investments, LLC. herein called “Landlord”, and _________________________________________________________
________________________________________, herein called “Tenant”. Landlord hereby agrees to rent to Tenant the real property located in the City of Asheville, County of Buncombe, State of North Carolina, commonly known as _____________________________________ . The term of this rental agreement shall be for one year commencing on the _____ day of ____________, 20_____ and ending on the _____ day of __________, 20_____. Upon termination of this agreement the Tenant shall have the right to continue this agreement with the rent to be negotiated and agreed upon by the Landlord and Tenant. Unless an agreement to the contrary is made in writing, the rental agreement shall continue for the same term and be subject to the convenants listed herein. Landlord rents the premises to Tenant on the following terms and conditions:
1. RENT
Tenant agrees to pay Landlord as a base rent the sum of $________ per mont.h. Rent payments shall be due without demand or notice, on or before the first day of each month, with a grace period of five days. After the 5th a late fee will be assessed as described in Section 4 - “Rental Collection Charge”.
2. PAYMENT OF RENT
The initial payment of rent and security deposit under the terms of this Rental Agreement must be made in cash. Thereafter, rent payments may be paid by check until the first dishonored and returned unpaid. Time is of the essence and no excuses will be accepted. Rent shall be made payable to “Asheville Property Investments, LLC.” and delivered to Landlord or agent thereof, at
P.O. Box 2135
Fairview, N.C. 28730
or sent by mail, at Tenant’s risk, to same.
3. APPLIANCES
The house is rented with refrigerator, stove/range, dishwasher and _________________ _______________________ . Ceiling fans are included in all bedrooms and living spaces. These items are the property of the landlord who assumes responsibility for their operation under normal circumstances. Evidence of abuse of any of these items may cause Landlord to terminate this agreement. Washer and dryer hookups are provided. Tenants are responsible for any and all user damage to those afore mentioned items.
4. RENTAL COLLECTION CHARGE
Tenant hereby acknowledges that late payment will cause Landlord to incur costs not contemplated by this Rental Agreement, the exact amount of which will be extremely difficult to ascertain. In the event rent is not received prior to 5:00PM on the 5th of the month, regardless of the cause including dishonored checks, Tenant further agrees to pay a late charge to the Landlord equal to five percent (5%) of such overdue amount or $15.00 dollars, whichever is greater, but no more. Neither ill health, loss of job, financial emergency or other excuse will be accepted for late payment.
5. BAD CHECK SERVICING CHARGE
In the event Tenant’s check is dishonored and returned unpaid for any reason to Landlord, Tenant agrees to pay as additional rental the sum equal to five percent (5%) of the monthly rent. If a check is dishonored or returned, all future rent payments must be made in cash or by money order.
6. USE
The Tenant(s) agree to use the premises only as a residence for themselves and their children named ______________________________________ and their pets named _________
__________________________. Tenant agrees to pay $100.00 dollars each month for each additional person who shall occupy the premises in any capacity. If Tenant fails to inform Landlord of additional people occupying the premises, the $100.00 dollar per person per month fee will be assessed retroactive to the date commencing this Rental Agreement.
7. PETS
There shall be no pets allowed on the rented premises except as may be granted by Landlord, in writing. Tenant hereby agrees that of found in violation, the rents due hereunder may be raised at the Landlords discretion. If pets are allowed by Landlord, Tenant agrees to render an additional non-refundable security deposit of One Hundred Dollars ($100.00) per pet.
This consent constitutes a representation by the Tenant and a consent by the Landlord for maintenance in house at said property of the following described pet(s):
The animal is a ________________________________________________
The breed is __________________________________________________
The weight is not more than ______________________________________ pounds
The height is not more than _______________________________________ inches
The color is ____________________________________________________
It’s name is ____________________________________________________
Tenant is to be fully responsible for any damage to property of the Owner or of others which may result from the maintenance of the pet. Tenants agree to pay for pest infestation services after termination of occupancy. Said monies shall be the responsibility of the Tenant and shall be deducted from the security deposit. If pets cannot be kept from being a nuisance to others and/or destructive to the property, Landlord will revoke this consent. Any animals on the property not registered under this Rental Agreement will be presumed and reported as strays.
8. NON-ASSIGNMENT OF RENTAL AGREEMENT
Tenant agrees not to assign this agreement, nor to sub-let any part of the premises, nor to allow any other person to live herein other than as named in Section 6 above without first requesting permission from the Landlord and paying the appropriate surcharge. Further, that covenants contained in this Rental Agreement, once breached, cannot afterwards be performed; and that unlawful retainer proceedings may be commenced.
9. LEGAL OBLIGATIONS
Tenants hereby acknowledge that they have a legal obligation to pay their rent on time each and every month regardless of any other debts or responsibilities they may have. They agree that they will be fully liable for any back rent owed. They also acknowledge that defaulting on this Rental Agreement could result in a judgement being filed against them and a lien being filed against their current and future assets and/or earnings.
10. ATTORNEY”S COST
If court action is sought by either party to enforce the provisions of the Rental Agreement, attorney’s fees and costs may be awarded to the prevailing party in the court action.
11. REPAIR POLICY
The Tenants hereby acknowledge that they have been informed that the Landlord and/or his agents are not always available to provide support services to Tenants. If a problem comes up that should cost more than fifty dollars ($50.00) to repair, then the Tenant must get in touch with Landlord as soon as possible, between 9:00AM and 5:00PM on Monday through Friday. After normal business hours, Tenants may leave a message and someone will get back to them as soon as possible. Under no circumstances will Landlord be responsible for any improvements or repairs costing more than $50.00 unless Tenants were given written authorization to make repairs or improvements in advance.
12. SECURITY DEPOSIT
Tenants hereby agree to pay a security deposit of $_____________________ to be refunded within no more than thirty (30) days following the termination of this Rental Agreement according to the terms herein agreed along with the return of all keys. No interest will be paid on this money and in no case will it be applied to back or future rent. The security deposit is held to cover any possible damage to the property. The deposit will be returned minus any necessary charges for repairs, cleaning, etc., with a written explanation of deductions, if any.
13. CLEANING FEE
Tenant hereby agrees to accept the property in it’s present state of cleanliness. They agree to return the property in the same condition or pay a cleaning fee which will be deducted from the security deposit and described in writing when said deposit is refunded.
14. TENANT COOPERATION
Tenant agrees to cooperate with Owner/Agent in showing property to prospective tenants, prior to termination of occupancy.
15. REMOVAL OF LANDLORDS PROPERTY
If anyone removes any property belonging to Landlord without the express written consent of Landlord, this will constitute abandonment and surrender of the premises by Tenant and termination by them of this Rental Agreement. Landlord may also take further legal action.
16. TENANT INSURANCE
No rights of storage are given by this agreement. Landlord will not be liable for any loss of Tenant’s property. Tenant hereby acknowledges this and agrees to make no such claims for any losses or damages against Landlord, his agents, or employees. Tenants agree to purchase insurance - at their own expense - sufficient to protect themselves and their property from fire, theft, burglary, breakage, electrical connections. They acknowledge that if they fail to procure such insurance, it is their responsibility and they alone shall bear the consequences.
17. ABANDONMENT
If the Tenants leave the premises unoccupied for 15 days without paying rent in advance for that month, or while owing any back rent from previous months, which has remained unpaid, the Landlord and/or his representatives have the right to take immediate possession of the property and to bar the Residents from returning. Landlord will also have the right to remove any property that the Residents have left behind and store it at Tenant’s expense.
18. LOCK POLICY
No additional locks will be installed on any door with out the written permission of Landlord. Landlord will be given duplicate keys for all locks so installed at the Tenants expense, before they are installed.
19. CONDITION OF PREMISES
The Tenants hereby acknowledge that the property is in good condition. If there is anything about the condition of the property that is not good, they agree to report it to the Landlord within 3 days of taking possession of the property. They agree that failure to file any written notice of defects will be legally binding proof that the property is in good condition at the time of occupancy.
20. INVENTORY AND INSPECTION RECORD
Landlord warrants that all major systems will be functional and in good repair at time of possession. However, the Tenant has 3 days to report any malfunctions, at which time Landlord will take action to complete necessary repairs. Tenants are advised that Landlord does not normally repair or replace nonfunctional items such as paint, carpets, etc., every time a property changes possession. Those items are scheduled for repair/replacement at regular intervals regardless of tenant turnover.
21. TENANT RESPONSIBILITY
Good housekeeping is expected of everyone. Tenant agrees to keep quarters clean and in a sanitary condition. The Tenants agree not to permit ANY deterioration or destruction to occur while they are occupying the property.
22. ALTERATIONS
Tenant shall make no alterations, decorations, additions or improvements in or to the premises without Landlord’s propr written consent, and then only by contractors or mechanics approved by Landlord. All changes made by either party, shall become the property of the Landlord and shall be surrendered with said premises, as a part thereof, at the end of the term.
23. MAINTENANCE OF LAWNS
The Tenants acknowledge that they are legally responsible for maintaining the lawns and landscaping and will be held liable for any damage caused by lack of water, abuse or neglect. Lawn maintenance is not required for those Tenants living in a duplex apartment.
24. VEHICLE POLICY
The Tenants agree never to park or store a motor home, camper, trailer or any sort of recreational vehicle on the premises and to park only __________ autos, as described below, on the areas provided. Junk cars, cars on blocks, non-functional vehicles as well as unlicenced automobiles are not permitted on the property. Removal will be at Tenant’s expense. Tenants agree that any vehicle parked on unpaved areas may be towed and stored at Tenant’s expense.
Vehicle make _______________ Model _____________ License Tag ________________
Vehicle make _______________ Model _____________ License Tag ________________
Vehicle make _______________ Model _____________ License Tag ________________
25. UTILITIES
Resident will be responsible for payment of all utilities (ie. garbage, water and sewer charges, telephone, electric, gas, etc. ) or other bills incurred during their residency when applicable. They specifically authorize Owner to deduct amounts of unpaid bills from their Security Deposits in the event they remain unpaid after termination of this agreement.
26. ROOF AND TERMITE ALERT
Tenant agrees to notify Landlord immediately if roof leaks, water spots appear on ceiling or at the first sign of termite activity.
27. PHONE
Tenant agrees to provide the Landlord with day and evening contact telephone numbers as soon as possible after occupying the premises.
28. NON-LIABILITY
The Tenants hereby state that any work or repairs that need to be done will be handled by competent professionals, unless Tenants are qualified and capable of doing the work themselves and doing it properly, in a safe manner that meets all federal, state and local regulations. Tenants further state that they will be legally responsible for any mishap they either do themselves or others do. Landlord will be held free from harm and liability along with his agents and representatives. In the event that needed repairs are beyond the Tenant’s capacity, they are urged to arrange for professional help.
29. DISCLOSURE OF LANDLORD/AGENT
The Owner/Landlord is Jim Bartels and the Managing Agent is Asheville Property Investments, LLC. Asheville Property Investments, LLC is authorized to act for and on behalf of the Owner for the purpose of receiving and receipting for notices and demands and for the service of process and all other acts which Landlord could or would do if personally present.
30. VALIDITY OF LEASE PROVISIONS
Any provision set forth in this Rental Agreement which is contrary to the North Carolina Landlord and Tenants Act shall be treated as Landlord and Tenant as void and as if it were not set forth herein, but all other provisions of the Rental Agreement shall remain in full force and effect.
31. ACCESS TO PREMISES
The Owner reserves the right to enter the residence at reasonable times to inspect, make necessary repairs, supply services or show it to prospective residents, purchasers, mortgages, workmen or contractors. Whenever required, a two-day notice of the Owner’s intent to enter shall be given to the Resident. However, in cases of emergency the owner or managing agent will attempt to notify Tenant but may need to enter premises without notification. The Owner may also display “for rent” and “for sale” signs on the building of which the rented residence is a part.
32. PEST CONTROL POLICY
Resident is responsible for any ongoing pest control services, if the resident desires such a service. Owner is not responsible for any damage done to the Resident’s person or property by such pests, or to the person or property of Resident’s family or any other persons on their premises.
33. WAIVER
All rights given to Landlord by this agreement shall be cumulative in addition to any laws which exist or might come into being. Any exercise of any rights by Landlord or failure to exercise any rights shall not act as waiver of those or any other rights. No statement or promise by Landlord, it’s agents or employees, as to tenancy, repairs, amount of rent to be paid, or other terms and conditions shall not be binding unless it is put in writing and made a specific part of this agreement.
34. LEGAL BINDING
Tenant here by states that they have the legal right to sign for any and all other Residents and to commit them to abide by this contract.
35. TERMS
In this agreement, the singular number where used will include the plural, the masculine gender will include the feminine, the term Owner will include Landlord, Lessor; and the term Resident will include Tenant, Lessee.
36. FULL DISCLOSURE
The Tenants signing this Rental Agreement hereby state that all questions about this Rental Agreement have been answered, that they fully understand all the provisions of the agreement and the obligations and responsibilities of each party as spelled out herein. The Lessee agrees that if default shall be made in the payment of rent, or if Lessee shall violate any covenant of this Lease, Lessor may terminate said lease, causing said Lessee to become a tenant at sufferance, waiving all right of notice, and Lessor shall be entitled immediately to re-enter and re-take possession of the demised premises. Signature by the Tenant on this Rental Agreement is acknowledgment and he/she has received a signed copy of the Rental Agreement.
ACCEPTED THIS ________ DAY OF ________________, 20____
____________________________ _________________________________
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Asheville Property Investment, L.L.C.
