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U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 1 WASHINGTON RESIDENTIAL LEASE AGREEMENT MONTH TO MONTH This Residential Lease Agreement (hereinafter “Lease”) is entered into this t he ____ day of _____________________, 20____, by and between the Lessor: ______________________________________, (hereinafter referred to as “Landlord”), and the Lessee(s): _____________________________________________________________________________________. All Lessees (hereinafter referred to collectively as “Tenant”), are jointl y, severally and individually bound by, and liable under, the terms and conditions of this Lease. For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows: 1. GRANT OF LEASE: Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in __________________ County, Washington, with address of: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________, including the following items of personal property:______________________________________________ ________________________________________________________________________________________________. 2. NATURE OF OCCUPANCY: As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:______________________________________________________________________________________________________________________________________________________________________________________________. 3. TERM OF LEASE: This Lease shall commence on the ____ day of ___________________, 20____, and extend from month to month until: a. Either Landlord or Tenant gives the other written thirty (30) day Notice of Termination of Lease Agreement. This Notice of Termination need not be of any “cause”, but rather is solely “at the will” of the party giving notice. b. Either Landlord or Tenant gives the other a written Notice of Default, wherein the noticed party must either cure the breach (if cure is an option) or be terminated and vacate the premises on or before the end of the notice period, the length of which period will be dictated by the conditions of the Lease or applicable law. 4. SECURITY DEPOSIT: Upon execution of this Lease, Tenant shall deposit the sum of $___________ to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of this Lease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. In compliance with Revised Code of Washington § 59.18.260: If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or Lease agreement, the lease or Lease agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or Lease agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the Lease agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the Lease agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the Lease. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises. 5. RENT PAYMENTS: Tenant agrees to pay rent unto the Landlord during the term of this Lease in equal monthly installments of $_____________, said installment for each month being due and payable on or before the 1st day of the month, the first full rent payment under this Lease being due on the 1st day of ____________________, 20____. U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 2 Tenant agrees that if rent is not paid in full on or before the _____ day of the month, Tenant will pay a late charge of $________ as allowed by applicable Washington law. The prorated rent from the commencement of this Lease to the first day of the following month is $____________, which amount shall be paid at the execution of this Lease. Tenant agrees that rent shall be paid in lawful money of the United States by (indicate those that apply): [ ] cash, [ ] personal check, [ ] money order, [ ] cashier’s check, [ ] other___________________. Rent payments shall be made payable to ________________________________________ and mailed or delivered to the following address: ________________________________________________ _______________________. All notices from Tenant to Landlord under this Lease and applicable Washington law shall be delivered to the above address. Tenant agrees that rent monies will not be considered paid until Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. Tenant placing rent monies in the mail is not sufficient for rent to be considered paid, and rent will be considered unpaid until actual receipt thereof. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants. 6. CONSEQUENCES OF BREACH BY TENANT: If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person). In compliance with Revised Code of Washington § 59.18.180: (1) If the tenant fails to comply with this Lease in a manner substantially effecting the health and safety of the tenant or other tenants, or substantially increase the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant shall comply within thirty (30) days after written notice by the landlord specifying the noncompliance, or, in the case of emergency as promptly as conditions require. If the tenant fails to remedy the noncompliance within that period the landlord may enter the dwelling unit and cause the work to be done and submit an itemized bill of the actual and reasonable cost of repair, to be payable on the next date when periodic rent is due, or on terms mutually agreed to by the landlord and tenant, or immediately if the Lease agreement has terminated. Any substantial noncompliance by the tenant with this Lease shall constitute a ground for commencing an action in unlawful detainer, and a landlord may commence such action at any time after written notice. If the defective condition is remedied after the commencement of an unlawful detainer action, the tenant may be liable to the landlord for statutory costs and reasonable attorney's fees. (2) If drug-related activity is alleged to be a basis for termination of Lease under RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5), the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action. (3) If activity on the premises that creates an imminent hazard to the physical safety of other persons on the premises is alleged to be the basis for termination of the Lease, and the tenant is arrested as a result of this activity, then the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action against the tenant who was arrested for this activity. (4) If gang-related activity, as prohibited under RCW 59.18.130(9), is alleged to be the basis for termination of the Lease, then the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action after notice to tenant. (5) A landlord may not be held liable in any cause of action for bringing an unlawful detainer action against a tenant for drug-related activity, for creating an imminent hazard to the physical safety of others, or for engaging in gang-related activity that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences under this section, if the unlawful detainer action was brought in good faith. Nothing in this section shall affect a landlord's liability under RCW 59.18.380 to pay all damages sustained by the tenant should the writ of restitution be wrongfully sued out. **************** In case of such breach, Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 3 Tenant shall surrender possession as provided in the notice subject to the following: (a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate; (b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement; If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant. If the breach by the Tenant is nonpayment of rent, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period. Tenant understands and specifically agrees, that notwithstanding any of the above provisions relating to the breach of the Lease, Landlord may, without any cause whatsoever, terminate the Lease by giving the Tenant a written thirty (30) day Notice of Termination, whereby, on or before the conclusion of the thirty (30) day period of notice, Tenant must vacate the premises and surrender same to Landlord. . 7. DELIVERY OF NOTICES: Any giving of notice under this Lease or applicable Washington law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent. Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all. 8. UTILITIES: Tenant will provide and pay for the following utilities (indicate those that apply): [ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up. Landlord will provide and pay for the following utilities (indicate those that apply): [ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up. Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease. 9. NOTICE OF INTENT TO SURRENDER: Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Washington law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant. If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month Lease Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Washington law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice. 10. OBLIGATIONS AND DUTIES OF LANDLORD: In compliance with Revised Code of Washington § 59.18.060: The landlord will at all times during the Lease keep the premises fit for human habitation, and shall in particular: (1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the tenant; (2) Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in reasonably good repair so as to be usable and capable of resisting any and all normal forces and loads to which they may be subjected; U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 4 (3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident; (4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the Lease and, except in the case of a single family residence, control infestation during Lease except where such infestation is caused by the tenant; (5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or Lease agreement should have been, at the commencement of the Lease; (6) Provide reasonably adequate locks and furnish keys to the tenant; (7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him in reasonably good working order; (8) Maintain the dwelling unit in reasonably weather- tight condition; (9) Except in the case of a single family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste; (10) Except where the building is not equipped for the purpose, provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant; (11) Provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW 43.44.110. The notice shall inform the tenant of the tenant's responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of RCW 43.44.110. The notice must be signed by the landlord or the landlord's authorized agent and tenant with copies provided to both parties. (12) Designate to the tenant the name and address of the person who is the landlord by a statement on the Lease agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes by certified mail or by an updated posting. If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom Lease payments are to be made shall be considered such agent. No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant, where the defective condition complained of was caused by the conduct of such tenant, his family, invitee, or other person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section. 11. OBLIGATIONS AND DUTIES OF TENANT: In compliance with Revised Code of Washington § 59.18.130: Each tenant shall pay the Lease amount at such times and in such amounts as provided for in the Lease agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall: (1) Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit; (2) Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant; (3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord; (4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. Violations may be prosecuted under chapter 9A.48 RCW if the destruction is intentional and malicious; (5) Not permit a nuisance or common waste; (6) Not engage in drug-related activity at the Lease premises, or allow a subtenant, sub-lessee, resident, or anyone else to engage in drug-related activity at the Lease premises with the knowledge or consent of the tenant. "Drug-related activity" means that activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW; U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 5 (7) Maintain the smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries where required for the proper operation of the smoke detection device, as required in RCW 43.44.110; (8) Not engage in any activity at the Lease premises that is: (a) Imminently hazardous to the physical safety of other persons on the premises; and (b)(i) Entails physical assaults upon another person which result in an arrest; or (ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352. Nothing in this subsection (8) shall authorize the termination of Lease and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon; (9) Not engage in any gang-related activity at the premises, as defined in RCW 59.18.030, or allow another to engage in such activity at the premises, that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences. In determining whether a tenant is engaged in gang-related activity, a court should consider the totality of the circumstances, including factors such as whether there have been a significant number of complaints to the landlord about the tenant's activities at the property, damages done by the tenant to the property, including the property of other tenants or neighbors, harassment or threats made by the tenant to other tenants or neighbors that have been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant's criminal history; and (10) Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his or her obligations under this chapter: PROVIDED, That the tenant shall not be charged for normal cleaning if he or she has paid a nonrefundable cleaning fee. Tenant agrees that any violation of these provisions shall be considered a breach of this Lease. 12. NO ASSIGNMENT: Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord. 13. TENANT INSURANCE: Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages. 14. CONDITION OF LEASED PREMISES: Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Washington law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non-payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and- tear excepted. Tenant shall have the right to remove from the premises Tenant’s fixtures placed thereon by Tenant at his expense, provided, however, that Tenant in effecting removal, shall restore the leased premises to as good, safe, sound, orderly and sightly condition as before the addition of Tenant’s fixture. Failing this, Tenant shall be obligated to pay for repairs as stated above. 15. ALTERATIONS: Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above-described work shall become part of the dwelling. If carried out by independent contractors, said contractors must be approved by Landlord. Tenant shall not contract for work to be done without first placing monies sufficient to satisfy the contract price in an escrow account approved by Landlord. All work shall be done at such times and in such manner as Landlord may designate. If a construction or mechanic’s lien is placed on the leased premises as a result of the work, such shall be satisfied by Tenant within ten (10) days thereafter at Tenant’s sole expense. Tenant shall be considered in breach of this Lease upon failure to satisfy said lien. U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 6 16. NO ILLEGAL USE: Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Upon obtaining actual knowledge of any illegal acts or omissions upon the leased premises, Tenant agrees to immediately inform Landlord and the appropriate authorities. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant. 17. NOTICE OF INJURIES: In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease. 18. LANDLORD’S RIGHT TO MORTGAGE: Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien. 19. DELAY IN REPAIRS: Tenant agrees that if any repairs to be made by Landlord are delayed by reasons beyond Landlords control, there shall be no effect on the obligations of Tenant under this Lease. 20. ABANDONMENT: Abandonment shall be defined as the absence of the Tenant from the leased premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid- whereupon Tenant will be considered in breach of this Lease. This definition is subordinate to, and shall not in any way impair, the rights and remedies of Landlord under this Lease or applicable Washington law, except that in case of abandonment, Landlord or Landlord’s agents may immediately or any time thereafter enter and re-take the leased premises as provided by applicable Washington law, and terminate this Lease without notice to Tenant. 21. NOTICE OF ABSENCE FROM PREMISES: If Tenant is to be absent from the leased premises for seven (7) or more consecutive days, written notice of such should be served upon Landlord. If such absences are to be customary or frequent, the expected frequency and duration of absence should be summarily noted here: ________________________________________________________________________________________________________________________________________________ Tenant expressly agrees and understands that absence from the premises, with or without notice, in no way obviates the requirement to pay rent and other monies as stated herein, or the consequences of failure to timely pay same. 22. POSSESSION OF PREMISES: Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant. 23. MATERIALITY OF APPLICATION TO RENT: All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease. 24. MODIFICATION OF THIS LEASE: Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect. 25. REMEDIES NOT EXCLUSIVE: The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Washington law. 26. SEVERABILITY: If any provision herein, or any portion thereof, is rendered invalid by operation of law, judgment, or court order, the remaining provisions and/or portions of provisions shall remain valid and enforceable and shall be construed to so remain. 27. NO WAIVER: The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease. U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 7 28. ATTORNEY FEES: In the event that Landlord employees an attorney to collect any rents or other charges due hereunder by Tenant or to enforce any of Tenant's covenants herein or to protect the interest of the Landlord hereunder, Tenant agrees to pay a reasonable attorney's fee and all expenses and costs incurred thereby, to the greatest extent allowed by applicable law. 29. HEIRS AND ASSIGNS: It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term hereof. 30. DESTRUCTION OF PREMISES: In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, then this Lease shall cease and terminate as of the date of such destruction, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction of said premises as if being prorated as of that date. In the event the leased premises are damaged by fire, windstorm or other cause beyond the control of Landlord so as to render the same partially untenable, but repairable within a reasonable time, then this lease shall remain in force and effect and the Landlord shall, within said reasonable time, restore said premises to substantially the condition the premises were in prior to said damage, and there shall be an abatement in rent in proportion to the relationship the damaged portion of the leased premises bears to the whole of said premises. 31. EMINENT DOMAIN: In the event that the leased premises shall be taken by eminent domain, the rent shall be prorated to the date of taking and this Lease shall terminate on that date. 32. LANDLORD ENTRY: In addition to the rights provided by applicable Washington law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency. 33. GOVERNING LAW: This Lease is governed by the statutory and case law of the State of Washington. 34. LEAD-BASED PAINT DISCLOSURE: HOUSING BUILT BEFORE 1978 MAY CONTAIN LEAD-BASED PAINT. LEAD FROM PAINT, PAINT CHIPS, AND DUST CAN POSE HEALTH HAZARDS IF NOT MANAGED PROPERLY. LEAD EXPOSURE IS ESPECIALLY HARMFUL TO YOUNG CHILDREN AND PREGNANT WOMEN. BEFORE RENTING PRE-1978 HOUSING, LESSORS MUST DISCLOSE THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE DWELLING. LEASEES MUST ALSO RECEIVE A FEDERALLY APPROVED PAMPHLET ON LEAD POISONING PREVENTION. Landlord states as follows: [Landlord check one] The leased premises was constructed in 1978 or later. The leased premises was constructed prior to 1978. Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “ Protect Your Family from Lead in Your Home. ” 35. MOLD INFORMATION DISCLOSURE: Landlord to check the following box upon delivery of required mold information/pamphlet to Tenant. Said information/pamphlet must be delivered to Tenant prior to or contemporaneous with signing the lease. By signing this lease, Tenant acknowledges the receipt of said mold information disclosure document. Landlord, by checking this box, indicates delivery of mold information/pamphlet to Tenant. U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 8 36. ADDITIONAL PROVISIONS: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ *********************** U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Residential Lease Agreement, Page 9 WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT: LANDLORD Sign: ___________________________________ Print: __________________________________ Date: ______________ TENANT Sign: ___________________________________ Print: __________________________________ Date: ______________ TENANT Sign: ___________________________________ Print: __________________________________ Date: ______________ TENANT Sign: ___________________________________ Print: __________________________________ Date: ______________ TENANT Sign: ___________________________________ Print: __________________________________ Date: ______________ U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT THIS IS A SEPARATE INSTRUCTION PAGE REGARDING LEAD-BASED PAINT DISCLOSURE THIS PAGE IS NOT PART OF THE LEASE. IT IS PROVIDED BY USLF TO AID THE LANDLORD IN COMPLYING WITH FEDERAL LEAD-BASED PAINT DISCLOSURE LAW, FOR DWELLING UNITS BUILT PRIOR TO 1978. IMPORTANT!!! NOTES CONCERNING LEAD-PAINT DISCLOSURE REQUIREMENTS Introduction: If the rental dwelling unit was constructed PRIOR TO 1978, federal law REQUIRES a Lead- Based Paint Disclosure Form to be attached to the lease, completed and signed by the lessor/landlord and lessee/tenant. If the rental dwelling was constructed in 1978 or later, this form is not required. If in doubt about the timing of construction, use the disclosure form. Whenever the form is used, the landlord must also give the tenant the EPA lead-based paint pamphlet discussed below. Landlords must retain a copy of the signed disclosure form for no less than three years from the date the lease begins. Background: To protect families from exposure to lead from paint, dust, and soil, Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992. HUD and EPA require the disclosure of known information on lead-based paint and related hazards before the lease of most housing built before 1978. Requirements: Before the lease is signed and agreed to, landlords must fully comply with lead-paint disclosure law. Compliance is accomplished by: (1) Fully completing and delivering to the tenants, as an attachment to the lease, the LEAD-BASED PAINT DISCLOSURE form (the lessees/renters also initial and sign this form), and (2) Giving the tenants the EPA pamphlet entitled "Protect Your Family From Lead In Your Home." (See the download link for the pamphlet, below.) Purchase the Disclosure Form: If you need to purchase a Lead-Based Paint Disclosure Form, you can easily do so using USLF. http://www.uslegalforms.com/lead-paint-disclosure-forms.htm Click this link (or copy it into the address window of you internet browser) and select your state. Two forms will be accessed. You want the “LEAD2” form, for rental transactions (not the “LEAD1” form for sales). Click the “Information and Preview” link for more info on the form, and then order the form. The Free EPA Pamphlet: The landlord must give the tenants the EPA-approved information pamphlet on identifying and controlling lead-based paint hazards entitled "Protect Your Family From Lead In Your Home." You may obtain and print this pamphlet free by clicking the following download link (or copying the link into the address window of your internet browser): http://www.epa.gov/lead/pubs/leadpdfe.pdf The form is in .pdf format and you will need the free Adobe Acrobat Reader to view the form. In the unlikely circumstance that the Adobe Acrobat Reader is not installed on your computer, you can download it free from http://www.adobe.com/products/acrobat/readstep2.html . The download is quick and easy. THIS IS A SEPARATE INSTRUCTION PAGE REGARDING MOLD DISCLOSURE U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT THIS PAGE IS NOT PART OF THE LEASE DOCUMENT, BUT CONTAINS INFORMATION THAT MUST BE DISCLOSED TO NEW AND EXISTING TENANTS. IT IS PROVIDED BY USLF TO AID THE LANDLORD IN COMPLYING WITH WASHINGTON MOLD DISCLOSURE LAW. * * * IMPORTANT!!! NOTES CONCERNING MOLD DISCLOSURE REQUIREMENTS During the 2005 legislative session, the Washington State legislature approved Engrossed Senate Bill (ESB) 5049 (Effective 7-24-2005), that requires landlords to notify their tenants about mold. Senate bill 5049 requires landlords to notify tenants about mold. Specifically, landlords must supply information to tenants about: - The health hazards associated with exposure to indoor mold - Steps to take to control mold growth in their dwelling units Landlords must notify: - New tenants starting July 24, 2005 (at the time of entering into the lease/rental agreement). THIS REQUIREMENT HAS BEEN INCORPORATED INTO THE LEASE (no.36) - Current tenants by January 1, 2006. Posting of this information in a visible, public location at the dwelling unit property is allowed. Information Pamphlets: Any one of the following documents will fulfill the notification requirements of Senate Bill 5049. (If your lease is in Spanish/your tenants speak only Spanish, use the Spanish language pamphlet.) Click the link to download FREE: http://www.doh.wa.gov/ehp/ts/IAQ/got-mold.pdf If the above link does not work, download from our server: http://www.uslegalforms.com/Washington/WA-MOLD-DISCL.pdf In Spanish: http://www.cal-iaq.org/moho9809.pdf If the above link does not work, download from our server: http://www.uslegalforms.com/Washington/WA-MOLD-SPAN.pdf For more information, see: http://www.doh.wa.gov/ehp/ts/IAQ/mold-notification.htm ~ Thank you for using USLF ~ U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT WASHINGTON NOTICE OF FIRE SAFETY AND PROTECTION INFORMATION: WRITTEN NOTICE OF SMOKE DETECTION DEVICE As per RCW 43.44.110, this Notice is to inform Tenant(s) of his/ her/ their responsibility to maintain the smoke detection device(s) in the rental dwelling in proper operating condition (including testing and monitoring the condition of the batteries, and changing the batteries as necessary) and of penalties for failure to comply with the provisions of RCW 43.44.110: a fine of not more than $200.00. □ By checking this box, Landlord indicates he/she has either demonstrated the above- noted operations of the smoke detection device(s) to a responsible Tenant, or provided the manufacturer’s documentation regarding same. If the building comprising the dwelling unit is a single-family residence, no more information is required. However, if the building comprising the dwelling unit is NOT a single-family residence, the landlord must provide the following information in this Notice (circle the answer): 1. Is the smoke detection device [hard-wired] or [battery operated]? 2. Does the building has a fire sprinkler system? Yes / No 3. Does the building has a fire alarm system? Yes / No 4. Does the building has a smoking policy? Yes / No If Yes, explain the policy: 5. Does the building has an emergency notification plan for the occupants? Yes / No (If Yes, provide a copy to the occupants) 6. Does the building has an emergency relocation plan for the Occupants? Yes / No (If Yes, provide a copy to the occupants) 7. Does the building has an emergency evacuation plan for the Occupants? Yes / No (If Yes, provide a copy to the occupants) Address of Leased Premises: ____________________________________________________________________________Signed: _____________________________ __________________ Landlord or Authorized Agent Date _____________________________ __________________ Tenant Date _____________________________ __________________ Tenant Date _____________________________ __________________ Tenant Date _____________________________ __________________ Tenant Date U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT (Provide copies of this signed Notice to both parties to the Lease.) U.S. Legal Forms, Inc. http://www.uslegalforms.com Form WA-864-1LT Thank you for downloading our Residential Lease Agreement For Landlords who already have a Lease Agreement form, our database also offers our Supplemental Lease Forms Package for your state – without the Lease – to ensure you have all the forms necessary to complete your transaction. The Supplemental Lease Forms Package contains the following state-specific forms: 1. Residential Lease Application 2. Consent to Background and Reference Check 3. Salary Verification for Potential Lease or Loan 4. Lead Based Paint Disclosure (Rental) 5. Inventory and Condition of Leased Premises: Pre-Lease 6. Inventory and Condition of Leased Premises: Post-Lease 7. Tenant Welcome Letter 8. Warning Notice for Failure to Pay Rent 9. Notice to Pay Rent or Lease Terminates (Residence) 10. Landlord Tenant Closing Statement Save time, money and hassle by having these forms at your fingertips.

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