Standard Rental Agreement

 

This is a _______ month rental agreement made in duplicate original this  __1st____ day of ____________, 20__, by and between _C I Corporation____ hereinafter called landlord and _____________________________ hereinafter referred to as the Tenant.

 

            The landlord does hereby let and lease to the Tenant the premises commonly known as _806 North 4th Street_, Apartment Number _____, in the Municipality of __Fairfield___, County of _Jefferson _, State of _Iowa_ , for tenancy, commencing on _____________, 20___, and ending _________________, 20___.

 

            The landlord and Tenant hereby agree as follows:

 

I.      LEASE EXECUTION

 

a.      This document must be typewritten or completed in ink.

 

b.      This rental agreement may be changed or any portion thereof may be stricken if initialed by landlord or its agent and Tenant.

 

c.      One original copy of the executed lease shall be provided to the Tenant at time of execution.

 

II.     RENTAL RATE

 

a.      The Tenant hereby agrees to pay the landlord as rent for use of said premises the total sum of $________, payable in ________ equal monthly installments of $________ throughout the agreed term.  The first installment of $________ for the first month’s rent or portion thereof is due on ___________ 2006.  The remaining installments are due on the __1st__ day of each successive month, until the rent for the lease term is paid in full.

 

b.      No additional payment or penalty shall be imposed on Tenant for the failure to make timely payments of rent unless the parties expressly agree to the following additional payment or penalty __10___, provided however that the amount specified (if any) shall in no case exceed $10.00 per month.  No additional payments or penalties may be assessed for the first five (5) days during which the Tenant’s rent becomes over due.

 

c.       If this tenancy is for a fixed term, there shall be no rent increase during the term.  It will stay the same for the year.

 

d.      If the said premises are let as a rental unit to more than one Tenant, each of said Tenants is jointly and severally (individually) responsible for the total rent agreed to in this lease.

 

e.       The landlord shall provide the Tenant with a written receipt for all cash monies received from the Tenant.

 

 

III.      DEPOSIT REFUND AND FORFEITURE PRIOR TO OCCUPANCY

 

a.       If within seventy-two (72) hours after signing lease, Tenant notifies landlord of cancellation in writing or by telephone, landlord shall immediately return all security deposit, rent, and fees.

 

b.      Up to thirty (30) days prior to the first day of the term, Tenant may cancel the lease by providing written notice to landlord signed by all persons denominated “Tenant” above.  Landlord agrees to return all deposits, rent, and fees to Tenant within seven (7) days.  But once the Tenant moves in, the rental period starts.

 

c.       If, before the lease term starts, the Tenant finds other equally acceptable persons to occupy the premises, landlord must return all of any security deposits, rent, and fees within seven (7) days of receipt of written notice.

 

d.      If, for any reason other than the act, omission, or delay of Tenant, the landlord has failed to comply with local and state law for said premises by the first day of the leased term, this lease shall be void and of no force or effect except, however, the landlord shall return all security deposit, rent, and fees to Tenant within seven (7) days.

 

IV.      SECURITY DEPOSIT

 

a.       On execution of this lease, Tenant deposits with landlord the sum of $_100_ (landlords usually charge the same as one month's rent), receipt of which is acknowledged by landlord, as security for the faithful performance by Tenant of the covenants, conditions, and agreements of this lease.  The security deposit shall be equal to one month’s rent.  If the landlord charges more that the equivalent of one month’s rent, as a security deposit, the Tenant shall have the right to recover up to threefold the extra amount so charged, plus reasonable attorney’s fees.  In the event that damages caused by the Tenant exceed the security deposit, Tenant agrees that upon written notice of such damages and excess amount, if any, the Tenant will pay said damages and amount forthwith to landlord providing that landlord and/or its agent and Tenant agree that no questions are involved.  Landlord shall deposit the security deposit at a savings and loan association account bearing the prevailing rate of interest, which shall accrue to Tenant.  Within fourteen (14) days of the date of this agreement, the landlord shall notify Tenant in writing of the location of such account and the account number

 

b.      The security deposit may be used only for the following purposes:

 

1.      To reimburse landlord for actual damages to the rental unit or any ancillary facility which are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling.

 

2.      To pay landlord for all rent due and payable under the rental agreement.

 

c.       Checklist and return of deposit:

 

1.      Landlord shall make use of inventory checklists both at the commencement and termination of occupancy for each rental unit.  These lists detail the condition of the rental unit for which a security deposit is required.

 

2.      At the commencement of the lease, landlord shall furnish Tenant two blank copies of a commencement inventory checklist, which form shall be identical to the form used for the termination inventory checklist.  The checklist shall include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing, fixtures, and electrical fixtures.

 

3.      Unless the landlord and Tenant agree to complete their inventory checklist within a shorter period, the Tenant shall review the checklist, note the condition of the property and return one (1) copy of the checklist to the landlord within seven (7) days after receiving possession of the premises.  It is recommended that Tenant have one or more witnesses present to verify the checklist.

 

4.      The checklist shall contain the following notice at the top of the first page:  “You should complete this checklist, noting the condition of the rental property, and return it to the landlord within seven (7) days after obtaining possession of the rental unit.  You are also entitled to request and receive a copy of the last termination checklist which shows what claims were chargeable to the last prior tenants.”

 

5.      Landlord shall inspect the premises within 3-15 days prior to termination of this agreement and before Tenant vacates, shall give Tenant a written statement of needed repairs and an estimated cost thereof.  If Tenant makes these repairs in a reasonably satisfactory manner, landlord may keep only that portion of the security deposit in the amount of rent still owed.  If landlord fails to so inspect or provide a written statement, the right to claim any reasonable costs shall be forfeited.

 

6.      If landlord does not return either the full security deposit with interest or any balance thereof owing and receipts for actual damages claimed within thirty (30) days of vacating, landlord is liable to Tenant for three times the amount of security deposit plus attorney’s fees and court costs.

 

d.      Any successor in interest to the landlord shall be liable to Tenant for failure to return the security deposit and interest provided by this section.

 

V.      NUMBER OF OCCUPANTS

 

It is agreed that the number of permanent occupants in the room, not including occasional guests who temporarily occupy premises for not more than seven (7) consecutive days, shall not be more than __1___.

 

VI.      UTILITIES

 

Landlord shall be responsible for initialing, maintaining, and paying for all utility services required on the premises, including heat, cooking gas, electricity, hot and cold water, and garbage service (strike any items not applicable).

 

VII.      FURNISHINGS

 

The said premises are leased as furnished, containing the items of furniture and appliances listed in Schedule “A” attached hereto and made a part hereof.  Tenant agrees to return all items listed on the schedule to landlord at the end of the term of this lease in the same condition as when received, reasonable wear and tear excepted.  Landlord agrees to provide and maintain said items in a functional, sanitary condition throughout the lease term, excepting damage conditions caused by intentional or negligent act of Tenant.

 

VIII.      ANIMALS

 

a.       Pets are allowed in or about the leased premises.  However, if the pet causes any damage or odors in the property. a reasonable charge for repair may be assessed.

 

b.      Notwithstanding the above, landlord hereby acknowledges the right of any Tenant who is blind or handicapped to keep and maintain a dog of his/her choice within the dwelling unit and all related structures of areas.

 

IX.      CONDITION OF PREMISES

 

a.       Landlord warrants that at the time of the signing of this lease or at the time of delivery of possession the premises are in compliance with health, housing, and building ordinances of the City of __Fairfield_____ and County of ___Jefferson_____ and the laws of the State of __Iowa__, in a clean, safe, and sanitary condition, in repair and free from rodents and vermin.

 

b.      Taking possession of the premises by the Tenant when one or more of the conditions of the premises violate the warranties of this agreement shall not constitute a waiver of any of the Tenant’s rights or remedies under this agreement or under applicable state or local laws or ordinances.

 

X.      LANDLORD’S DUTY TO MAINTAIN PREMISES

 

a.       The landlord further agrees to make all necessary interior and exterior repairs to premises let in order to maintain the condition warranted in Section IX above throughout the term of the lease.  The landlord agrees specifically among its other warranties to the following:  to furnish sufficient heat to maintain a minimum of 68 degrees F. between the hours of 7:00 a.m. and 11:00 p.m. whenever the temperatures fall below this level regardless of the time of year; to provide hot water at least 120 degrees F. continuously to the kitchen and bathroom sinks and bathtubs in an amount sufficient for average demands; to maintain in functional condition the refrigerator and cooking facilities; to provide operable air conditioning equipment (strike if inapplicable); to maintain the roof in good repair; to repair peeling paint or cracked plaster; to provide a complete set of screens for all windows and doors; to maintain the common areas and grounds appurtenant to the dwelling unit in a safe and sanitary condition; and to maintain all electrical, plumbing, and other facilities in good working order.

 

b.      As part of the consideration of this lease, landlord agrees to complete the following repairs by the following dates:

 

Repair                     Date

 

_______________________    ___________________________

 

_______________________________________    ___________________________

 

XI.      TENANT’S RIGHT OF REPAIR AND DEDUCT FOR DEFECTS

 

a.       If the landlord fails to repair, maintain, keep in a sanitary condition or perform any other duty required by Section IX or X of this lease and fails to remedy such failure within two (2) weeks after being notified by the Tenant to do so, the Tenant may correct the objectionable condition at the landlord’s expense by doing or having done the necessary repairs in a workmanlike manner.  Tenant may deduct such costs from rent by submitting to landlord copies of receipts, provided that the amount is reasonable and not in excess of two month’s rent.  In the alternative, on landlord’s failure to make such repairs within a reasonable time after such notice, Tenant may vacate the premises and thereby be discharged from further payment of rent and from performance of all other conditions of this lease.

 

b.      These remedies shall not apply to condition caused by the lack of due care of the Tenant or other persons on the premises with the Tenant’s consent.

 

c.       The remedies provided by this section shall not be exclusive of any other remedy provided by law to Tenant for landlord’s violation of this agreement, such as the Tenant’s right to pay rent into escrow when authorized by law because of defective conditions.

 

XII.      TENANT’S DUTY TO MAINTAIN PREMISES

 

Tenant shall keep the dwelling unit in a clean and sanitary condition and shall otherwise comply with all state and local laws requiring Tenant to maintain rented premises.  If damage to the dwelling unit (other than normal wear and tear) is caused by acts or neglect of Tenant or others occupying the premises with his/her permission, Tenant may repair such damage at his/her expense.  Upon Tenant’s failure to make such repairs, after reasonable notice by landlord, landlord may cause such repairs to be made and Tenant shall be liable to landlord for any reasonable expense thereby incurred by landlord.

 

XIII.      ENTRY AND INSPECTION OF PREMISES

 

a.       Landlord shall have the right to enter and inspect premises at reasonable times after prior notice to Tenant.

 

b.      Such entry by landlord or its agent shall be allowed only for the following purposes:

 

1.      to make repairs;

 

2.      to inspect to see if Tenant is complying with this agreement;

 

3.      To show prospective buyers, mortgages, and tenants.

 

c.       Such entry shall take place only with prior consent of Tenant, which consent shall not be unreasonably withheld.  If, however, landlord or its agent reasonably believes that an emergency (such as fire) exists which requires an immediate entry, such entry may be made without Tenant’s consent.  If such emergency entry occurs, landlord shall, within two (2) days thereafter, notify Tenant in writing of the date, time, purpose and results of such entry.

 

XIV.      FIRE AND CAUSALTY

 

a.       If the unit leased, or building and improvements are injured or destroyed in whole by fire or other casualty without the negligence or fault of the Tenant, either the Tenant or the landlord may terminate this lease immediately by written notice to the other party.  If the unit leased or the building and improvements are injured or destroyed in part by fire or other casualty without negligence or fault of the Tenant, the landlord shall repair the same, to good and tenantable condition so as to be substantially the same as they were prior to such fire or other casualty as soon as possible after the destruction or injury and the rent shall abate pro rata for the period and portion rendered untenantable.  If the premises are not repaired within thirty (30) days, the Tenant may terminate the lease by written notice to the landlord.

 

b.      The landlord and/or its agent shall not be responsible for any theft of personal property of Tenant or any damage, loss, or destruction of personal property of Tenant due to fire, water, or any other cause whatsoever, unless caused by the negligence of landlord or its agent.  Tenant is encouraged to insure personal property.

 

XV.      NOISE

 

Tenant agrees not to allow on the premises any excessive noise or other activity that materially disturbs the peace and quiet of other tenants in the building.  Landlord agrees to prevent other tenants and other persons in the building or common areas from similarly disturbing Tenant’s peace and quiet.

 

 

 

XVI.      TERMINATION OF OCCUPANCY AND REPLACEMENT OF TENANT

 

a.       If Tenant decides to lease, sublease, or assign any part of said premises, or occupy the premises for a period less than the term specified, landlord and Tenant hereby agree to the following procedure:

 

1.      Tenant shall secure replacement tenant who shall agree to execute a new lease with the landlord.

 

2.      Landlord reserves the right to approve said replacement tenant, which approval shall not be unreasonably withheld and shall be based solely on prospective tenant’s ability to comply with the provisions of this agreement.

 

3.      Landlord shall terminate this lease and cancel all further obligations of Tenant under this agreement, and shall execute said new lease with replacement tenant.  Landlord may require in the new lease payment of a security deposit by the new tenant equivalent to the security deposit agreed to herein as a condition to termination and to execution of said new lease.

 

4.      As consideration of landlord’s termination of this agreement, Tenant agrees further to compensate landlord for the difference in rental, in any, between the balance of unpaid rent due under this lease term and the rental payment agreed upon in the new lease.  Any prepaid rent and security deposit not otherwise used under this rental agreement shall be applied by the landlord against this obligation.

 

b.      If Tenant is evicted pursuant to this agreement or quits the premises before expiration of term without securing replacement tenant, landlord has the duty to make reasonable efforts to re-rent the premises.

 

XVII.      NOTICE OF TERMINATION

 

a.       If this agreement is for a set term no notice to either party is required.  Lacking renewal, termination automatically occurs at the expiration of the term.

 

b.      If the agreement is for a month-to-month tenancy, either Tenant or landlord may terminate upon thirty (30) days written notice to the other party.

 

c.       Landlord may not serve said notice for the primary purpose of retaliating against the Tenant because of Tenant’s attempt to exercise his/her rights under this agreement or any law of Iowa, its subdivisions, or the United States, or because of any other lawful act of Tenant that is not prohibited by this agreement.  Such lawful acts of Tenant shall include, but not be limited to: filing a law suit against the landlord, filing a written or oral complaint with the landlord or any public agency, or organizing or participating in a tenant organization.  It is a rebuttable presumption that a raise in rent or termination of agreement within one year of the exercise of such rights or commission of such lawful acts is retaliatory.

 

XVIII.      ATTORNEY’S FEES

 

In the event of any legal action concerning this agreement, the court may order landlord or Tenant to pay reasonable attorney’s fees and court costs to be fixed by the court in which the judgment shall be entered.

 

XIX.      NOTICES

 

All notices and rent provided by this agreement shall be in writing and shall be given to the other party as follows:

 

               To the Tenant:  __________________________________________________

 

               Address:  ______806 North 4th Street, Fairfield, Iowa 52556______

 

               To the Landlord:  _____C I Corporation_______________

 

             Address:  _____PO Box 1711, Fairfield, IA  52556 ___________

 

           IN WITNESS WHEREOF, the parties to this lease have affixed their signatures below on the date first written above.

 

Landlord _____________________________________

 

Tenant _______________________________________

 

 

FOR USE BY UNEMPLOYED STUDENTS:

 

The undersigned agrees to guarantee payment of only pro rata share (several and not joint) of rent payable by the student tenant and to guarantee payment of damages caused by the negligence of the student tenant.

 

                        Student Tenant’s Parent/Guardian ________________________________________

 

 

                        Student Tenant’s Parent/Guardian ________________________________________

 

 

                        SCHEDULE “A” – INVENTORY OF FURNISHINGS LEASED

 

                        _______________    _______________    ______________

 

                        _______________    _______________    ______________

 

                        _______________    _______________    ______________

 

                        _______________    _______________    ______________