RESIDENTIAL LEASE
This Lease Agreement (the "Agreement") is made and entered on ___________________ (the "Effective Date") by and between Barbara Cepinko & Stephen Grande (the "Landlord") and the following tenant:
______________
(the "Tenant")
Subject to the terms and conditions stated below the parties agree as follows:
1. PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the following: One Private Bedroom, One Shared Bathroom, One Garage Storage Rack and the General Living Area of a residential house (the "Premises") located at 5405 NE 70th Circle, Vancouver, Washington 98661. No other portion of the building (hereinafter, the Building), wherein the Premises is located is included unless expressly provided for in this Agreement.
2. TERM. The lease term will begin on ______________ ("Commencement Date") and will terminate on ________________, and thereafter shall be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated.
Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate by Tenant giving Landlord written notice of at least 30 days prior to the desired termination date, or by Landlord giving Tenant written notice as provided by law. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect.
Any notice of termination must provide for the vacation of the Premises by all occupants unless otherwise agreed to by Landlord in writing. If Tenant vacates the Premises prior to the expiration hereof or without notice as required by this paragraph, Tenant shall be liable for additional rent as provided for in RCW 59.18.310. Any items left behind in the unit by Tenant after termination of tenancy will be handled as required under RCW 59.18.310.
Residency shall terminate at 11:59pm on the last day of occupancy. It is Tenant's obligation to have the Premises vacant and thoroughly clean by that hour.
3. MANAGEMENT. The Tenant is hereby notified that Barbara Cepinko & Stephen Grande is the property manager in charge of the Property. Should the tenant have any issues or concerns
the Tenant may contact Barbara Cepinko & Stephen Grande at 6400 NE Highway 99 G149, Vancouver, Washington 98665, 360-356-6751, babs@trainweb.com.
4. RENT; LEASE PAYMENTS. "Rent" shall mean all monetary obligations of Tenant to Landlord under the terms of this Agreement, except the Security Deposit.
(a) Tenant shall pay to Landlord lease payments of $850.00, payable in advance on the first day of each calendar month, and is delinquent on the next day. Lease payments shall be made to Landlord at the address of Landlord noted in the Notices provision of this Lease which may be changed from time to time by Landlord.
(b) Rent shall be paid by the following method(s):
Personal Check
If any payment is returned for non-sufficient funds or because Tenant stops payments, then, after that, (i) Landlord may, in writing, require Tenant to pay Rent in cash for three months and (ii) all future Rent shall be paid by money order or cashier's check.
5. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
6. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a full-time residential dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.
No retail, commercial or professional use of the Premises is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.
The failure to abide by the provisions of this section shall constitute a material breach of this Agreement and is a just cause for eviction.
7. OCCUPANTS. No more than 3 person(s) may reside on the Premises unless the prior written consent of the Landlord is obtained.
This Lease and occupancy of the Premises is binding, individually and severally, on each person(s) specifically named and who signs this Lease, regardless of the named person's occupancy of the Premises.
Authorized Tenant/Occupant:
_________________________
Tenant may have guests on the Premises for not over 5 consecutive days or 60 days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than 5 consecutive days or more than 60 days in any calendar year shall NOT be considered original tenants of the Premises. Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Premises for more than 5 consecutive days or 60 days in a calendar year.
8. KEYS. Tenant will be given 3 key(s) to the Premises and 1 mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged $10.00. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Premises without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately upon installation.
9. LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged $10.00 to regain entry.
10. SMOKING. Smoking is not permitted inside the leased Premises. Smoking is authorized only on the patio and elsewhere outside. The Tenant will be liable for any damages caused to the Premises or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property.
11. SMOKE DETECTORS. It is the responsibility of Tenant to maintain the smoke detection device in their room, including replacement of any batteries. Tenant shall not tamper with, remove batteries, or otherwise disable any smoke detection devices. Any Tenant failing to comply with the provisions of this paragraph can be fined up to $200.00 in accordance with RCW 43.44.110/WAC 212.10.050. Tenant acknowledges that the smoke detection device in the room is in proper working order as of the date of this Agreement. Failure to maintain the smoke detector is also grounds for termination of tenancy. Additionally, if liability or damages occur because of Tenant's failure to maintain the unit, you may leave yourself open to potential lawsuits and liability (see WAC 212-10-050). Tenant also agrees to test the smoke detector for proper operation once a month and report any malfunctions to Landlord/agent in writing.
Tenant(s) Initials: __________ __________
12. WATER-HEATER. Pursuant to RCW 19.27, the state of Washington requires that upon occupancy, the Temperature control in an accessible domestic hot-water heater within a rental dwelling be set no higher than 120 degrees Fahrenheit. Tenant acknowledges that, if accessible,
Tenant has inspected the hot-water heater and to the best of Tenant's knowledge does not believe it to be set higher than 120 degrees Fahrenheit.
Tenant(s) Initials: __________ __________
13. STORAGE. Use of one garage storage rack is provided and authorized by this Lease. Tenant shall not store any property in any area outside of the rented room and garage storage rack of the rented Premises at any time.
14. PARKING. This Lease does not include or provide for parking spaces for motor vehicles or motorcycles anywhere in or about the Premises and or Building. Plenty of free street parking is available in front of and near the Premises.
15. MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in reasonably good repair at all times and perform all repairs reasonably necessary to satisfy any implied warranty of habitability.
Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or its Agent. A repair request will be deemed permission for the Landlord or its Agent to enter the Premises to perform such maintenance or repairs in accordance with ACCESS BY LANDLORD TO PREMISES herein unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlords or Landlord's Agents access or entry. Landlord shall have expectation that the Premises is in a safe and habitable condition upon entry.
16. REPAIRS. The Tenant must notify the Landlord of all damages and defects known to or discovered to exist. This notification is for the Landlord's information only. The Landlord is not obligated to repair the damage or defect unless obligated to repair under Washington Residential Landlord-Tenant Act of 1973. Tenant will bear the cost of any cleaning or repair performed by Landlord to restore the Premises to the condition indicated on the attached Inventory and Inspection Checklist, except for wear resulting from ordinary use of the Premises. Tenant is responsible for rent lost by Landlord while performing repairs and/or cleaning because of Tenant's failure to comply with the foregoing. The Inventory and Inspection Checklist will be used to determine the refund of security deposit at the end of this tenancy.
17. DEDUCTIONS IN RENT. Unless the Landlord has agreed in writing or is required by the Washington Residential Landlord-Tenant Act of 1973, the Tenant cannot offset, reduce or claim a credit in rent for Tenant's actual or imputed costs of labor or materials for repairs, maintenance, alterations, improvements, or other work done to the property; and Landlord is not required to remit payment, compensate or otherwise reimburse the Tenant.
18. UTILITIES AND SERVICES. Utilities are included with room rental with the exception of phone, internet and cable/satellite TV. Internet and/or cable/satellite TV is available if desired by sharing the cost with other tenants. Tenant will provide their own cleaning supplies, soap, toilet paper, etc. or optionally can chip in $25 per month to other tenants to share in cost of such supplies.
19. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows:
REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for the Premises.
PERSONAL PROPERTY TAXES. Landlord shall pay all personal property taxes and any other charges which may be levied against the Premises which are attributable to Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments.
20. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises.
21. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action shall be added to Tenant's financial obligations under this Lease, including reasonable attorneys' fees. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
22. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 60 days' written notice to Tenant that the Premises have been sold.
23. EARLY TERMINATION CLAUSE. Tenant may, upon 30 days' written notice to Landlord, terminate this lease, provided that the Tenant pays a termination charge of $0.00 the maximum allowable by law, whichever is less. Termination will be effective as of the last day of the calendar month following the end of the 30 day notice period. Termination charge will be in addition to all rent due up to the termination day.
24. MILITARY TERMINATION CLAUSE. In the event the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located; is relieved from active duty, retires or separates from the military; or is ordered into military housing, the Tenant may terminate this lease upon giving thirty (30) days' written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer reflecting the change that warrants termination under this clause. The Tenant will pay prorated rent for any days he or she occupies the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Premises.
25. PERSONAL PROPERTY REMAINING ON PREMISES. In accordance with RCW 59.18.310, it is Tenant's responsibility to remove all personal property items at the time of vacating the Premises. In the event of such abandonment of tenancy and an accompanying default in the payment of rent by the tenant, the landlord may immediately enter and take possession of any property of the tenant found on the Premises and may store the same in any reasonably secure place. A landlord shall make reasonable efforts to provide the tenant with a notice containing the name and address of the landlord and the place where the property is stored and informing the tenant that a sale or disposition of the property shall take place pursuant to this section, and the date of the sale or disposal, and further informing the tenant of the right under RCW 59.18.230 to have the property returned prior to its sale or disposal.
26. INSPECTION OF PREMISES. Tenant has inspected the Premises, furnishings and equipment including smoke detectors, where applicable, and finds the Premises to be satisfactory and in good working order, except as otherwise indicated on the Inventory and Inspection Checklist (attach form as required by RCW 59.18.260).
27. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord.
28. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to the most recent rate preceding the Holdover Period. Such holdover shall constitute a month-to-month extension of this Lease.
29. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
30. REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall be allowed to conduct construction or remodeling (at Tenant's expense) only with the prior written consent of the Landlord which shall not be unreasonably withheld. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) any such fixtures, and shall restore the Premises to substantially the same condition that existed at the commencement of this Lease.
31. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. Landlord will provide reasonable notice of its intention to enter the Premises. If Tenant has, after written notice to cease, continued to deny Landlord access to the unit, as required by State law, such failure is a substantial breach of this agreement and is a just cause for
eviction. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants.
32. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or Agent from any and all liability for loss or damage to Tenant's property or effects whether in the Premises, garage, storerooms or any other location in or about the Premises, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or Agents.
33. ACCOMMODATION. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenant's responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability.
34. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.
35. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
36. MECHANICS LIENS. Neither Tenant nor anyone claiming through the Tenant shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Premises free of all liens resulting from construction done by or for the Tenant.
37. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises.
38. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld.
39. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.
LANDLORD:
Barbara Cepinko & Stephen Grande 6400 NE Highway 99 G149 Vancouver, Washington 98665
TENANT:
_________________________
5405 NE 70th Circle Vancouver, Washington 98661
Such addresses may be changed from time to time by either party by providing notice as set forth above.
40. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Washington.
41. ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
42. SEVERABILITY; WAIVER. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
43. TIME OF ESSENCE. Time is of the essence with respect to the execution of this Lease.
44. ESTOPPEL CERTIFICATE. Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within 3 days after its receipt. Failure to comply with this requirement shall be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
45. TENANT REPRESENTATION; CREDIT. Tenant represents and warrants that all statements in Tenant's rental application are accurate. Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord may cancel this Lease (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenant's application is false.
46. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
47. RESPONSIBILITY IN SIGNING. All persons signing this Agreement as Tenants do so as principals. Each individual is both jointly and severally liable for the Tenant's obligations defined throughout this Lease. Landlord may enforce this agreement against any or all of the persons signing this Lease as Tenants at his or her election. The Landlord is not bound by any agreement between the Tenants on how costs or obligations are divided and Landlord may seek to collect any costs or obligations owed from any Tenant signing this Lease.
LANDLORD:
By: ___________________________________ Date: __________________
Barbara Cepinko & Stephen Grande
TENANT:
By: ___________________________________ Date: __________________
RESIDENTIAL LEASE INSPECTION CHECKLIST
WASHINGTON RESIDENTS: This checklist shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the Premises. The tenant has the right to request one free replacement copy of the written checklist. If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys' fees.
Tenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:
SATISFACTORY COMMENTS
Bathrooms _______ ______________________________ Carpeting _______ ______________________________ Ceilings _______ ______________________________ Closets _______ ______________________________ Countertops _______ ______________________________ Dishwasher _______ ______________________________ Disposal _______ ______________________________ Doors _______ ______________________________ Fireplace _______ ______________________________ Lights _______ ______________________________ Locks _______ ______________________________ Refrigerator _______ ______________________________ Screens _______ ______________________________ Stove _______ ______________________________ Walls _______ ______________________________ Windows _______ ______________________________ Window coverings____ ______________________________
Tenant:
By: ___________________________________ Date: __________________
Acknowledged by Landlord:
By: ___________________________________ Date: __________________
Barbara Cepinko & Stephen Grande