Fill and Sign the Kansas Residential Rental Agreement Form

RENTAL AGREEMENT This Agreement is made on _______________________, ________, between _________________ ___________________,"Landlord," and ______________________________, "Tenant." 1. Premises . This Agreement covers the Premises at _____________, _____________. 2. Term . The term of this Agreement will be for ______ months, commencing on _____________, ______, and terminating at __________ p.m. on ________________, ________. If Tenant remains on the Premises after the end of the term with Landlord's consent, then this Agreement shall run from month -to- month. In that case, either party may terminate the Agreement by giving at least 30 days' written notice. The notice must state that the lease will terminate on a periodic rent -paying date not less than 3 0 days after receipt of the notice. 3. Rent . Tenant will pay rent of $_____________, payable at $_____________ per month, due on the ________ day of each month. A 5% service charge will be added if rent is not received by the _________ of the month. There shall be no apportionment of rent on a daily basis, except the first and last months' rent shall be apportioned if the Agreement begins and ends on ________ other than the _______ day of a month. 4. Taxes . Landlord shall pay all real estat e taxes and special taxes assessed against the Premises. 5. Utilities and Other Services . Tenant shall pay all trash, water, electric, gas, telephone, and other utility bills. Tenant shall also pay for pest control of the property. All of these s ervices shall be contracted for in the name of Tenant. 6. Security Deposit . Prior to taking possession, Tenant will deposit $ _____________ as a security deposit to be held by Landlord to apply against unpaid rent and damages which Landlord may suffer by reason of Tenant's noncompliance with the _____________ Residential Landlord Tenant Act, this Agreement, and the Rules of Tenancy. Landlord may also use the deposit after Tenant moves out to restore the Premises to substantially the same condition, as they exist at the beginning of the initial term of this Agreement. The security deposit is not prepayment of rent, does not constitute a trust fund, and Landlord may deposit it in any bank or depository selected by Landlord and may commingle it with Landlord's funds. Landlord shall be under no obligation to pay or account to Tenant for any interest on the security deposit. 7. Notice . All rental payments and notice shall be sent to the Landlord at the following address: ______________________________________ ______________________ ___________________________________________________________________ All notices to Tenant shall be delivered or mailed to the Premises. 8. Maintenance and Repairs . Landlord will repair the Premises as needed to maintain the i ntegrity of the structure of the Premises, including the roof and exterior walls, heating and air conditioning systems, plumbing, and electrical wiring. Landlord shall make all other repairs as are reasonably necessary to keep the Premises in good condition and repair. 9. Tenant agrees : (a) to comply with all local, state, and federal laws, ordinances, rules, and regulations; (b) to remove all trash and garbage and other wastes in a clean, safe manner; (c) to keep all plumbing fix tures as clean as their condition permits; (d) use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in a reasonable manner; (e) to be responsible for any destruction, defacement, dam age, impairment, or removal of any part of the Premises caused by an act or omission of Tenant or by any person or animal on the Premises at the time with the express or implied permission or consent of Tenant; (f) that Landlord's liability for fire, theft, or breakage is limited to Landlord's negligence; (g) to notify Landlord of any absence from the Premises for more than seven (7) days; (h) to notify Landlord promptly of any damage to the Premises; (i) not sublet or assi gn this Agreement or any part of it without the written consent of Landlord; (j) not to make alterations without written consent of Landlord; (k) to keep the Premises in clean and safe condition; (l) not to use the Premises or permit their use in a manner that will void or increase the rate of insurance thereon; (m) not to permit or keep pets or animals on the Premises without the consent of Landlord; (n) not to park vehicles in the yard, and not to keep inoperative vehicles o n the Premises or in the street near the Premises; and (o) to comply with the Rules of Tenancy. 10. Mechanics' Liens . Under no circumstances whatsoever shall Tenant be deemed as agent of Landlord under the provisions of the ______________ Laws, ___ _______, et seq., unless such authority is specifically given in writing for a limited job that itemizes the work to be done and the contractors dealt with. 11. Further Agreements by Landlord . Except for prevention by an act of God, failure of public utility services, or other conditions beyond Landlord's control, Landlord agrees: (a) to comply with the requirements of applicable building and housing codes affecting health and safety; (b) to maintain in working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and appliances required to be supplied by Landlord; and (c) to supply running water and reasonable amounts of hot water and heat. (But Tenant must stil l pay for these and other utility services as set out above.) 12. Default . (a) Default for not paying rent. Landlord may declare a default of this Agreement and re -enter the Premises if rent is unpaid when due and Tenant fails to pay the full rent due, i ncluding late payment charges, within three (3) days after being given written notice from Landlord of Landlord's intention to terminate this Agreement and re -enter the Premises if the rent is not paid within those three days. Notice shall be deemed suffic ient when mailed or personally delivered to the Premises. If Landlord obtains possession after default, Tenant shall still be liable for the balance of rent owed under the term and for damages and deficiencies otherwise provided for in this Agreement. (b) Default for other reasons. Tenant will also be in default if Tenant breaks any other term of this Agreement. In that case, a default will exist after Tenant receives notice from Landlord specifying the acts or omissions constituting the breach and Tenant fails to remedy the breach in the first 14 days after receiving the notice. If the same or similar breach happens again, Landlord can declare a default with 30 days' written notice and without giving Tenant an opportunity to cure the breach. Upon default, Landlord shall be entitled to immediate possession of the Premises, and Tenant shall still be liable to Landlord for the balance of rent owed under the ten -n and for other damages provided for in this Agreement. 13. Entry of Premises . Landlord, its agent s, and employees shall have the right to enter the Premises at reasonable hours, after reasonable notice to Tenant, in order to inspect the Premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed ser vices, or exhibit the Premises to prospective purchasers, mortgagees, tenants, workers, or contractors. Landlord, its agents, or employees may enter the Premises without the consent of Tenant, if, in Landlord's sole and absolute discretion, there exists or may exist the possibility of an extreme hazard involving the potential loss of life or severe property damage. 14. Insurance and Loss . Landlord does not and will not carry insurance on Tenant's possessions, and Landlord shall not be liable for any damag e or injury to goods or property of Tenant, or any other person, except as provided by law. 15. Damage to Premises . If the Premises are damaged by fire, the elements, or other casualty, or if the building is so damaged that Landlord decides within thirty (30) days after such occurrence not to rebuild, then this Agreement shall terminate, and the rent shall be paid up to the date the damage occurred. If Landlord elects to rebuild, this Agreement shall remain in full force except that rentals due shall abate proportionately to the extent the Premises of Tenant are rendered temporarily untenantable. Tenant will pay Landlord for any loss or damage to the Premises, or to other property of Landlord, caused by Tenant, guests or invitees of Tenant, or persons resi ding with Tenant. 16. Condemnation . If any of the Premises are taken by any authority for public or quasi -public use, then this Agreement shall terminate from the date when the possession was so taken. All damages awarded for such taking shall belong to Landlord. 17. Nonwaiver . Any waiver by Landlord of one or more of the terms of this Agreement shall not be a continuing waiver, nor shall it operate as a waiver of any other tenant in this Agreement. 18. Total Agreement . This Agreement and the Rules of Tenancy contain the full agreement between the parties, and any oral agreements and/or representations not contained in this Agreement or the Rules of Tenancy shall not be binding upon the parties. 19. Miscellaneous . (a) This Agreement is covered by the _____________ Residential Landlord Tenant Act. (b) No oral agreements or representations shall be binding upon either party. (c) This Agreement shall be binding on the heirs, administrators, executors, and assigns of the parties. 20. Sale of Property -Right to Cancel Lease . Landlord may sell the Premises during the term of this lease. In that event, Landlord may terminate this leas e after entering into such a contract to sell the Premises by giving Tenant 30 days written notice to vacate the Premises. 21. Hazardous Materials . Tenant and Landlord warrant that: (a) They are not aware of any Hazardous Materials generated from or loc ated on the Premises, nor are they aware of any prior use of the Premises that might involve Hazardous Materials. (b) They have no licenses or permits concerning the Premises which involve air or water, or which involve dumping or storage of material on the Premises, nor are they required to obtain any such licenses or permits. (c) They are not aware of any investigations, complaints, or inquiries of any kind, from any source, concerning Hazardous Materials or environmental conditions of the Premises or properties adjoining the Premises. (d) Tenant shall not allow the use, storage, transportation, or other presence of Hazardous Materials or other pollutants on the Premises without Landlord's prior written consent. Tenant will indemnify and hold Landlor d harmless for: (i) any liability, loss, cost, damage, or expense (including, without limitation, attorneys' fees and expenses) arising from the imposition or recording of a lien, the incurrence of any cleanup and removal costs under any hazardous waste, environmental protection, spill compensation, clean air and water, or other local, state, or federal law of this type ("Statute") with respect to Tenant's use or control of th e Premises, or liability to any third party in connection with any violation of a Statute or other action by Tenant or its agents; (ii) any loss of value in the Premises as a result of any such lien, cleanup and removal costs, or any other liability incur red pursuant to (i) above; and (iii) any liability, loss, cost, damage, or expense arising from any failure or defect in title occasioned by an incident described in (i) above. This indemnification and hold -harmless provision shall remain effective beyon d termination of this Agreement. "Hazardous Materials" shall mean (a) any "hazardous waste" as defined by law, including, but not limited to, the Resource Conservation and Recovery Act of 1976 (42 U. S.C. § 690 1, et seq.), as amended from time to time, and regulations promulgated thereunder; (b) any "hazardous substance" as defined by any law, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U. S.C. § 960 1, et seq.) ("CERCLA"), as amende d from time to time, and regulations promulgated thereunder; (c) asbestos; (d) polychlorinated biphenyls; (e) any substance the presence of which on the Premises is prohibited by any Governmental Requirements (as defined below); (f) any petroleum -based pro ducts; (g) underground storage tanks; and (h) any other substance which by any Governmental Requirements requires special handling or notification of any federal, state, or local governmental entity in its collection, storage, treatment, or disposal. For p urposes herein, "Governmental Requirements" shall mean all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, Kansas, the county in which the Premises are located, the city where the Premises are located, or any other political subdivision in which the Premises are located, and any other political subdivision, agency, or instrumentality exercising jurisdiction over Tenant or the Premises. "Hazardous Materials Contamination" shall mean the contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, air, or other elements on or of the Premises by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air, or other element s on or of any other property as a result of Hazardous Materials at any time (whether before or after the date of this Rental Agreement) emanating from the Premises. 22. 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. LEASES MUST ALSO RECEIVED 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 d isclosure 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. ” __________________________ Landlord __________________________ Tenant INVENTORY Pursuant to the Rental Agreement dated ________________, ________, between ______________ _____________, Landlord, and __________________________, Tenant, the parties inventoried the Premises at _____________, _____________, on ________________, ________. Contents Leased: __________________________ Condition or Defects: __________________________ 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 Int roduction: 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.hud.gov/offic es/lead/outreach/leapame.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://w ww.adobe.com/products/acrobat/readstep2.html . The download is quick and easy. ~ Thank you for using USLF ~