Fill and Sign the Apartment or Residential Lease Form

APARTMENT OR RESIDENTIAL LEASE ________________________________________________________________________________________ DATE : TENANTS (limit ___ persons) _____________________________________________________ ____ ( Name, address, zip, phone) __________________________________________________________ LANDLORD (Name, address, zip, phone): _____________________________________________________________ ___________________________ IN -STATE AGENT (For Service of Documents): MANAGER: [ ] Landlord [ ] Manager [ ] Landlord [ ] Other (Name, address, zip, phone): [ ] Othe r (Name, address, zip, phone): ________________________________________________________________________________________ 2. PREMISES: (Apartment number, space number, facility name, address, city, county, state, zip, number of rooms, etc.) [ ] Legal description is attached. ________________________________________________________________________________________ 3. IMPROVEMENTS. Landlord shall complete by the following alterations, improvements, or repairs by ____________________ : ( list specified ta sks ) ________________________________________________________________________________________ 4. USE. The premises shall be used only for: [ ] Residential purposes [ ] Residential and , _____________________________________________________________ ___________________________ ________________________________________________________________________________________ 5. PETS: For the additional consideration of __________ per unit which amount is reflected in the agreed rent, Tenant shall be permitted to keep only the following types of pets or other animals on the premises in accordance with the law: [ ] None [ ] Dogs [ ] Cats [ ] Birds [ ] Fish [ ] Othe r: ________________________________________________________________________________________ 6. ADDITIONAL FACILITIES FOR TENANT USE: Mail boxes: [ ] Those designated: Parking spaces: [ ] Any [ ] Those designated: Trash receptacles: [ ] Any [ ] Those designated: Storage spaces: [ ] None [ ] Those designated: Other areas: [ ] Pool [ ] Barbecue [ ] Other: _______________________________________________________________________________________ 7. ADDI TIONAL PROPERTY. In addition to the real property described above, Tenant is given the following property to be used as part of the premises and to be returned clean and undamaged at the termination of the Lease: (Circle all that apply.) Front door keys Ice trays Coffee tables Dining tables Back door keys Pictures Mirrors Dining chairs Mail box keys Drapes Dressers Rugs Storage keys Lamps Night stands Stoves Sofas Beds Refrigerators Easy chairs Desks Freezers End tables Desk cha irs _______________________________________________________________________________________ 8. DURATION. This Agreement is being entered on the date set forth above and shall be effective for a tenancy with a commencement date of __________________________ _ to continue: [ ] For a term of: _______months; ______ days; to terminate on___________________________ OR [ ] Periodically as follows: [ ] Week -to-week (for a roomer) to terminate on at least 10 days written notice from either party. OR [ ] Month -to-month (for all others) to terminate on the first periodic rental date which is at least 20 days after written notice from either party. ________________________________________________________________________________________ 9. RENT. The agreed rent sh all be $ __________________ per ________________, plus a ________ % sales tax of for the first _____________ rental periods and __________ % sales tax of $ _____________ for each rental period thereafter. AND Rent shall be DUE on or before the ___________ ______ of each _______________ with a late charge of _____________ each _____________ day(s) thereafter. AND Rent shall be PAYABLE BY: [ ] Cash [ ] Check [ ] Other: and shall be PAYABLE AT: [ ] Landlord's address [ ] Agent s address [ ] Manager's address [ ] Tenant's address [ ] Other: _______________________________________________________________________________________ 10. SECURITY DEPOSIT. A security deposit of $ ________________ (At most the amount should be the equivalent of ________ month's rent) shall be held by the Landlord as security against rent due, damage, failure to fulfill rental obligations, and abandonment by Tenant, and the excess will be returned within 14 days after Tenant terminates his tenancy, moves out and demands i ts return. ________________________________________________________________________________________ 11. CLEANING AND REDECORATING DEPOSIT. A cleaning and redecorating deposit of $ _______________ shall be held by Landlord to cover the cost due to change of tenants and will be non refundable with $ ________________ refundable under the following conditions: ________________________________________________________________________________________ 12. EXPENSES. Expenses are to be allocated as follows: EXPE NSES LANDLORD TENANT COMMENTS ________________________________________________________________________________________ Electricity ________________________________________________________________________________________ Gas ________________________________________________________________________________________ Water __________________________________________________________________ ______________________ Trash Removal ________________________________________________________________________________________ Tax (Landlords Property) ________________________________________________________________________________________ Insurance (La ndlords Property) ________________________________________________________________________________________ Tax (Tenant's Property) ________________________________________________________________________________________ Insurance (Tenant's Property ) ________________________________________________________________________________________ 13. GOVERNING LAW. The parties understand and agree that the law to govern this Agreement is the Arizona Residential Landlord and Tenant Act (ARLTA), i.e., Arizona R evised Statutes, Volume 11, Chapter 10, or A.R.S. 33 -1301 to -1399, as well as related statutes, ordinances and relevant Arizona case law. 14. REMEDIES AND DAMAGES. Should any dispute, breach or action arise under this Agreement, the aggrieved party shal l have a duty to mitigate and the remedies and damages shall first be those specified by Article 4 of ARLTA, and where none are specified by Article 4 or elsewhere in ARLTA, they shall be reasonable and allowable under Arizona law. 15. ARBITRATION. At the option of either party, disputes may be settled by arbitration. The arbitrator shall be the American Arbitration Association or any other neutral party to which both parties agree. The parties further agree that arbitration fees shall be [ ] shared equa lly. [ ] Paid by the losing party. 16. COURT COSTS AND ATTORNEY'S FEES. Should any dispute or action arise under this Agreement, court costs and reasonable attorney's fees in arbitration and court shall be awarded to the prevailing party. 17. POSSESSION . The Landlord shall deliver possession for the premises on the tenancy commencement date and the Tenant shall redeliver possession at the termination of the agreement. Failure of either party to deliver possession shall allow the other party to seek appro priate remedies under ARLTA and bring an action for forcible entry and detainer. 18. NOTICE. Any demand or notice arising under this Agreement shall be delivered pursuant to A.R.S. 33 -1313(8), which states: A person "notifies" or "gives" a notice or no tification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person"receives" a notice or notification when it comes to his attention, or in the case of the land lord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any i ndividual who is designated as an agent by 33 -1322 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the a bsence of such designation, to his last known place of residence. The parties agree that a notice addressed to the receiving party and affixed to the door of the receiving party for 48 hours shall be construed as received. 19. ACCESS. Tenant shall provid e and the Landlord shall obtain access to the premises in compliance with A.R.S. 13 -1343, which states: A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. B. The landlord may enter the dwelling unit wit hout consent of the tenant in case of emergency. C. The landlord shall not abuse the rights to access or use it to harass the tenant. Except in case of emergency or if it is important, the landlord shall give the tenant at least two days notice of his in tent to enter and enter only at reasonable times. D. The landlord has no other right of access except by court order and as permitted by 33 -1369 and 33 -1370, or if the tenant has abandoned or surrendered the premises. 20. TERMINATION AND HOLDOVER TENANC Y. This Rental Agreement and Tenant's tenancy shall terminate on the date or in the manner specified elsewhere in this Agreement. Furthermore, Landlord fails to consent to continued occupancy by Tenant; after the termination date unless Tenant is given wr itten notice to the contrary from Landlord or his agent. Should Landlord consent to such continued occupancy by Tenant, it; shall be deemed to be a week -to-week tenancy for a roomer and month -to-month for all other incorporating the other terms of this Lea se. 21. ABANDONMENT. Should Tenant at any time during his tenancy relinquish possession of the premises and cease to pay rent while intending to do so, the premises shall be considered to be abandoned by Tenant and Landlord shall have access provided in A.R.S. 13 -1370. An unexplained absence by Tenant, coupled with a failure to pay rent or give notice that it will be late, where both continue for 7 days after a rental due date shall be deemed to constitute an abandonment by Tenant. 22. RULES AND REGULAT IONS. Landlord reserves the right to initiate, add to, change or delete any rules and regulations for Tenants and their guests so long as such rules or regulations are reasonably related to their legitimate purpose and so long as they do not work a substan tial modification of the Rental Agreement. Such a change may be enforced against Tenant after he is given reasonable notice of the change by either verbal notice, notice as provided in this Lease, or conspicuous posting to the change. All such rules and re gulations when so incorporated become part of this Agreement. A copy of the current rules and regulations, entitled " ______________________ ________________________________________", are to be considered as part of this Agreement is: [ ] posted on __________________________________________; [ ] attached as an exhibit. 23. MAINTENANCE AND REPAIR. The maintenance and repair duties of Landlord and Tenant shall be those specified by the relevant sections of ARLTA which state: 33 -1324. Landlord to maintain fit premises The landlord shall: 1. Comply with the requirements of applicable building codes materially affecting health and safety. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habi table condition. 3. Keep all common areas of the premises in a clean and safe condition. 4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and applianc es, including elevators, supplied or required to be supplied by him. 5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange fo r their removal. 6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where th e building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air conditioning, cooling and hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. 933 -1341. Tenant to maintain dwelling unit; The tenant shall: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety. 2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit. 3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner. 4. Keep all plumbi ng fixtures in the dwelling unit or used by the tenant as clean as their condition permits. 5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises. 6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so. 7. Conduct himself and require other persons on the premises with his consent to conduct themselve s in a manner that will not disturb his neighbors; peaceful enjoyment of the premises. 33 -1310. General definitions 2. "Building and housing codes" include any law, ordinance or governmental regulation concerning fitness for habitation, or the constructi on, maintenance, operation, occupancy, use or appearance of any premises, or dwelling unit. Any shift of the Landlord's duties to Tenant under A.R.S. 33 -1324(D) shall not be part of this Agreement; this section states: D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if: 1. The agreement of the parties is entered into in good f aith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration. 2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2. (see above) 3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. 24. SINGLE FAMILY RESIDENCE PROVISIONS. The parties [ ] do not [ ] do incorporated as part of this Agreement the provis ions pertaining to single family residences and listed on the attached addendum entitled, "Single Family Residence Provisions." 25. FIRE OR CASUALTY. In the event of a fire or casualty the relevant section of ARLTA shall take effect. This section states: 33 -1366. Fire or casualty damage A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may do either of the following: 1. Immediately va cate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating. 2. If continued occupancy is lawful, vac ate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. B. If the rental agreement is terminated, the landlord shall return all security recoverable under 33 -1321. Accounting for rent in the event of termination or apportionment is to occur as of the date the tenant vacates all or part of the dwelling unit. 26. EMINENT DOMAIN. In the event that the le ased premises or any part thereof shall be taken by eminent domain, rent shall be adjusted to be proportionate to the value of the premises not taken. Where the taking leaves the premises unsuitable for occupancy by Tenant, the rent shall be prorated to t he date of the taking and the Lease shall terminate on that date. 27. FIXTURES. Tenant shall have the right, upon termination of this Lease, or at any time during such term, to remove from the premises all fixtures placed thereon by Tenant at his expense provided, however, that Tenant, in effecting removal, shall restore the leased premises to a good, safe, sound, orderly and sightly condition. 28. ASSIGNMENT OR SUBLETTING. No assignment, sublease or sale of this Lease or any interest therein may be made by Tenant without the prior written consent of Landlord. Landlord shall give such consent unless he has a valid reason, which he can substantiate not to. 29. CHANGE OF MANAGER. In the event of a change of manager under this Lease, the first manager shall be relieved of liability under this Agreement for any events occurring subsequent to written notification of Tenant of such change. 30. CHANGE OF OWNERSHIP. In the event Landlord makes a good faith sale or exchange of the premises to a bona fide purchase r, Landlord shall be relieved of his obligations under this Rental Agreement as to any events occurring subsequent to delivery of written notice to Tenant of such conveyance. Landlord shall, however, remain liable to Tenant for any security or cleaning an d redecorating deposits until Landlord obtains a release from Tenant in exchange for a return of said deposits (in which event Tenant shall be obligated to deposit those deposits with new owner), or for a transfer of the deposits to the new owner with appr oval from Tenant. 31. EFFECTIVE DATE OF AGREEMENT. This Agreement shall become complete and binding on all parties when signed, dated and delivered as instructed herein. Failure of any party to comply with the instructions herein relieves all other partie s of any obligation here under. 32. AMENDMENT. This Lease together with any attached exhibits represents the entire agreement between Landlord and Tenant and may be changed only by a writing which is dated, signed by each party, and which clearly identified this lease as the agreement to be modified. 33. ADDITIONAL PROVISIONS: 34. INSTRUCTIONS TO PERSON COMPLETING LEASE. After Lease is made out in full, sig n, date and deliver 2 copies to Tenant, instructing him to sign, date and redeliver one of these copies within a reasonable time. __________________________________________, _____________________________, ____________ Signature of Print Date [ ] Landlord [ ] Manager [ ] Agent __________________________________________, _____________________________, ____________ Tenant Print Date __________________________________________, _____________________________, ____________ Tenant Print Date __________________________________________, _____________________________, ____________ Tenant Print Date __________________________________________, _____________________________, ____________ Tenant Print Date