This lease, made the 9th day of March, 2007, by James and Kristine Woody, the landlords, and

 

__________________________   __________________________   __________________________ 

 

 

__________________________   __________________________   __________________________ 

 

 

The Tenant(s).  The Landlords and Tenant(s) agree that:

 

The Landlord has this day leased to the Tenant(s) the premise known and described as ___________, in the city of Greeley, Colorado, County of Weld, to be occupied only as a residence by said Tenant(s) and no more than   0 other persons upon the terms and conditions set forth in this lease.  The premises are partly furnished.  The term of this lease shall be from May 17, 2007 to May 15, 2008. Tenants must have house vacated by 12:01am.       

 

RENT:  Rent shall be $_______ payable in advance, upon the 1st of each month to Owner or his authorized agent.  In the event rent is not paid within five (5) days after due date, Tenant agrees to pay an initial late charge of $10.00 plus $5.00 per day on any delinquent amount retroactive to the 1st   of the month.  If late fees are not paid tenant understands that they will be taken out of the security deposit. Tenant agrees further to pay $35.00 for each dishonored bank check.  Any of these fees that accumulate and are not paid may be deducted from said security deposit, at the owner’s discretion.  Rent shall be mailed to:   Woody Investments, LLC

                                     815 16th Street

                                    Greeley, CO  80631

 

MULTIPLE OCCUPANCY:  It is expressly understood that this agreement is between the Owner and each signatory individual and severally.  In the event of default by any one signatory, regardless of circumstances, each and every remaining signatory shall be responsible for timely payment of rent and all other provisions of this agreement.

 

UTILITIES:   Electric shall be in Tenant’s name.   

 

USE:  The premises shall be used as a residence by the undersigned Tenant(s) with no more than 6 adults and 0 children, and for no other purpose on the premises without the prior written consent of the Owner.  Occupancy by guests staying over 15 days will be considered to be in violation of this provision.

 

PETS:  No pets shall be brought on the premises without the prior written consent of the Owner.  All pets found on the premises, which are not registered with the Owner, will be assumed to be strays, and will be disposed of by the appropriate agency as prescribed by law. 1full grown lab allowed.

 

FURNISHINGS:  Tenant agrees to accept said dwelling and all of the furnishings and appliances therein as being in good and satisfactory condition unless a written statement of any objection is delivered to the Owner within three (3) days after Tenants take possession.   Tenant agrees that failure to file such a statement shall be conclusive proof that there were no defects of note in the property.  Waterbeds: NO waterbeds are allowed without prior written approval on a specific per-case basis.

 

ALL DRAINS AND WASTE PIPES:  On  premises are accepted as clear by the tenant, and any partial or complete stoppage occurring during the tenancy shall be repaired by the Tenant or the reasonable cost to repair paid by the Tenant  if the Tenant is found to be at fault or negligent.

 

HOUSE RULES: In the event that the premises are a portion of a building containing more than one unit,  Tenant agrees to abide by any and all house rules, whether promulgated before or after the execution hereof,  including, but not limited to , rules with respect to  noise, odors, disposal of refuse, pets, parking and use of common areas.  Tenant agrees to not make noises loud enough to be heard by other Tenants between the hours of 11:00 p.m. and 6:00 a.m.  NO SMOKING ALLOWED IN HOUSE!

 

ORDINANCES AND STATUTES:  Tenant shall comply with all statutes, ordinances, and requirements of all municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the premises.  If tenants do not comply with ordinances and statutes they will forfeit their entire security deposit.

 

ASSIGNMENT AND SUBLETTING:  Tenant(s) shall not assign this agreement or sublet any portion of this premises without prior written consent of the Owner, which may not be unreasonably withheld.

 

MAINTENANCE, REPAIRS, OR ALTERATIONS:  Tenant(s) acknowledges that the premises are in good order and repair, unless otherwise indicated herein. The Owner shall be under no obligation to make cosmetic repairs to premises.  Cosmetic repairs are defined as repairs that are not detrimental to the well being of the Tenant(s) i.e., painting, carpet repairs & other miscellaneous minor finish items.  The repairs will be made at Owners discretion.  Tenant(s) shall, at his own expense, and at all times, maintain the premises in a clean and sanitary manner including all equipment, appliances, furniture, and furnishings therein and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear expected.  If property is found to be in a state of disrepair and unsanitary condition during the typical “pre-leasing phase” (which typically starts the 15th of January), the tenants shall within 5 business days of written notice from owner clean said property and keep it reasonably clean until the property is pre-leased for upcoming year.  If tenant fails to clean said property within said 5 days, the owner will be granted access to the property to clean and repair damages caused during the course of this lease at the reasonable expense of said tenants.  Tenant shall be responsible for damages caused by his negligence and that of his family or invited guests.  Tenant is responsible for all glass, screen, and storm door repairs, except if broken by act of god.  Tenant shall not paint, paper, or otherwise redecorate or make alterations to the premises without the prior consent of the owner.  The Tenant shall be responsible for keeping all walkways clear of snow and ice.  No stick-ups such as hook and mirror tiles.  No nails or screws to be driven into wood.  Posters shall not be hung with duct tape.  Tenants may not modify doors or jambs in any manner to secure bedroom doors.  Tenant agrees to water lawn according to times and days allotted by the City of Greeley.  If a sprinkler system is in place the tenants are not to in any way tamper with the system.  If it appears system is not in working order the tenant should call owner for maintenance.   Any maintenance repairs made to the property due to negligence of tenant will be billed at $45.00 per hour.  Tenants must not go onto roof for any reason.  Tenant must notify Landlord immediately of any water leaks and or running toilets. 

 

ENTRY AND INSPECTION:  Tenant(s) shall permit owner or owner agents to enter the premises at reasonable times and upon reasonable notice for the purpose of making condition inspections, repairs, or to show the premises to prospective Tenants, purchasers, or mortgagees.  The tenants agree to leave all bedrooms unlocked during any showings scheduled for prospective tenants.  In case of emergency owner reserves the right to enter premises without notice to tenant.

 

INDEMNIFICATION:  Owner shall not be liable for any damage or injury to Tenant, or any other person, or to any property occurring on the premises, or any part thereof, or in common areas thereof, unless such damage is the proximate result of the negligence or unlawful act of owner, his agents, or his employees.  Tenant agrees to hold owner harmless from any claims for damages no matter how caused, except for injury or damages for which owner is legally responsible.

 

INSURANCE:  Owner or agent carries liability insurance for damages, injuries, or losses suffered by residents and their guests where those are caused by defects in the premises or by the willful negligence of owner.  Owners are not responsible for any other loss or damage.  Residents are encouraged to obtain their own liability and personal property insurance.

 

SECURITY DEPOSIT:  The Tenant agrees to pay security deposit of $________ said deposit to be refunded upon vacating after a minimum paid rental of $_________if there is no damage beyond ordinary wear and depreciation, and all rent and other charges are paid in full.  This deposit must be paid in full before premises can be occupied.  The said deposit will not be refunded if the apartment is vacated by Tenant prior to the time specified in the lease.  If premises are not left clean and in a “move in” condition, costs of cleaning at $12.00 per hour will be withheld from said deposit.  The security deposit set forth shall secure the performance of Tenant’s obligations hereunder.  Owner may, but shall not be obligated to, apply all or portions of said deposit on account of Tenant’s obligations hereunder.  Any balance remaining upon termination shall be returned to Tenant.  Tenant shall not have the right to apply the security deposit in payment of rent.  The security deposit is payable at the same time the lease is signed.

 

RETURN OF SECURITY DEPOSIT:  The security deposit will be returned to the residents within 60 days after they have lawfully given up possession of the premises unless cause exists for its retention.  If cause exists, the owner will retain a part or all of the security deposit to cover the cost or damages.  Residents will be furnished with a written statement listing the reasons why a part or all of the deposit was kept, within 60 days after termination of a lease or surrender and acceptance of the premises, whichever occurs last.  If the damages or costs to the owner are greater than the security deposit, the owner may still recover additional moneys to cover its costs or damages.  Residents should make an appointment with the owner or representative to jointly inspect the premises for damages and cleanliness when the residents are giving up possession.  Possession is legally given up by residents only upon the return to owner of all keys at the time of joint inspection.  By signing this lease the Resident agrees that should Resident move out early and breaks this lease agreement no security deposit will be returned to Resident.

 

DEFAULT:  If Tenant shall fail to pay rent when due, or perform any term hereof, after not less that three (3) days written notice of such default given in the manner required by law, the owner, at his option, may terminate all rights of Tenant hereunder, unless tenant, within said time, shall cure such default.  If Tenant abandons or vacates the property while in default of the payment of rent, owner may consider any property left on the premises to be abandoned and my dispose of the same in any manner allowed by law.  In the event the owner reasonably believes that such abandoned property has no value, it may be discarded.  All property on the premises is hereby subject to a lien in favor of owner for the payment of all sums due thereunder, to the maximum allowed by law.

                In the event of a default by Tenant, owner may elect to (a) continue the lease in effect and enforce all his rights and remedies hereunder, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of Tenant’s  rights hereunder and recover from Tenant all damages he may incur by reason of the breach of the lease including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the tenant proves could be reasonably avoided.

                Any violation of any provision of this lease by any of the Tenants, or any person on the premises with the Tenant’s consent, or any failure to pay rent upon the date due, shall result, at the option of the landlord, in the immediate termination of this lease without notice of any kind, and landlord may thereupon enter said premises and take and retain possession thereof and exclude Tenants therefrom.

 

PERSONAL DISPUTES:  Agent has no responsibility for resolving disputes between residents, whatever the nature of those disputes.  If one Tenant leaves prior to the terms of the lease, he or she must find a replacement that is agreeable with the remaining Tenants.

 

ABANDONED PROPERTY:  Personal property of any kind left in or about the premises after residents have moved away shall be deemed abandoned, pursuant to 38-20-116 C.R.S.  Agent may retain the same or dispose of it in any manner desired.

 

AGENT AND OWNER:  Agent is representing an owner and all of the rights granted to the agent hereunder as well as all of the duties, shall be the rights and duties of the owner as well.  Let it be known to all Tenants that the owner, Kristine K. Woody is a licensed Real Estate Broker in the state of Colorado.

 

ATTORNEYS’ FEES:  In any legal action brought by either party to enforce the terms hereof or relating to the premises, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney’s fee.

 

WAIVER:  No failure of owner to enforce any term hereof shall be deemed a waiver, nor shall any acceptance of a partial payment of rent be deemed a waiver of owner’s right to the full amount thereof.

 

NOTICES:  Any notice which either party may or is required to give, may be given by mailing the same, postage repaid to Tenant at the premises or to owner at the address below or at such other places as may be designated by the parties from time to time.

 

TIME:  Time is of the essence of this agreement.

 

STORAGE: No outside protected storage is provided for by this lease.

 

ADDITIONAL TERMS AND CONDITIONS: If any terms of this lease are broken by tenant the security deposit will automatically be forfeited by tenant.  Tenant also agrees to pay rent in the form of a cashier’s check or personal check.  The landlords will not accept cash.  First month’s rent must be paid in full prior to moving into house.  Security Deposit is due upon signing lease, if for any reason tenants choose not to honor this lease and do not move into said property all security deposits received will be forfeited.  No Smoking allowed in rental unit.  Last month’s rent is due by the first day of fall semester. 

 

ENTIRE AGREEMENT:  The foregoing constitutes the entire agreement between the parties and may be modified only be handwriting initialed by all parties.  The following exhibits, if any, have been made a part of this agreement before the parties’ execution hereof.

______________________________________________________________________________________

 

The undersigned Tenant(s) hereby acknowledges receipt of a copy hereof.

 

Landlord: ___________________________________Phone: _________________Date: ______________

                                                                           

 

 

Tenant: ___________________________S.S. #______________________Date:____________________

 

 

Tenant: ___________________________S.S. #______________________Date:____________________

 

 

Tenant: ___________________________S.S. #______________________Date:____________________

 

 

Tenant: ___________________________S.S. #______________________Date:____________________

 

 

Tenant: ___________________________S.S. #______________________Date:____________________

 

 

Tenant: ___________________________S.S. #______________________Date:____________________