Residential Tenancy Agreement

Residential Lease – Rental Agreement

BITTERROOT PROPERTY MANAGEMENT, INC.
414 W. Broadway · Missoula, MT 59802 · 406-549-9631 (phone) · 406-542-1396 (fax)
http://www.rentbpm.com

This is intended to be a legally binding contract, including the specific and general terms described below and consisting of six pages. If not understood, tenant(s) is advised to seek the advice of competent legal counsel.

PARTIES: Bitterroot Property Management Inc., hereinafter known as "Manager", and hereinafter known as "Tenant(s)" agree as follows:

SPECIFIC TERMS:

RENT: Please mail rent checks to P. O. Box 3503, Missoula, MT 59806 or deliver to 414 W. Broadway, Missoula, MT 59802.

NOTICE OF STATUS AS MANAGER: Manager hereby notifies Tenant(s) that Manager is authorized to manage the Premises, which are described below, on behalf of its owner, as the owner's agent and that the Manager is authorized to accept service of process, notices and demands on behalf of the owner.

PREMISES: The Tenant(s) hereby agree to lease the premises located at , in Missoula, Montana, consisting of Bed(s), Bath(s) and Smoke Detector(s).

ADDITIONAL OCCUPANTS: In addition to the Tenant(s) identified above, it is agreed that the following individuals shall occupy the premises

TERM OF LEASE: This Agreement shall begin on , at which time Tenant(s) shall be entitled to possession of the unit. This tenancy is (check one of the following):

MONTH-TO-MONTH

_____ FIXED TERM for a period of Months

PROPER NOTICE TO VACATE: The tenant(s) must deliver to the Manager, a written “Notice to Vacate” 30 days or more prior to the actual move out date.

CONFIRMATION OF END OF LEASE: The tenant(s) must deliver to the Manager, a written “Confirmation of End of Lease” 30 days or more prior to the actual move out date/end of lease.

HOLDOVER: When the tenant(s) do not give written “Confirmation of End of Lease” to the Manager and the term of the original Agreement is expired, this Agreement shall be automatically renewed on a MONTH-TO-MONTH basis at the current rental rate and subject to the terms of this Agreement, except as modified by this paragraph.

PAYMENT TERMS: The Tenant(s) agrees to pay Manager the amounts set out as follows:

First Month's Rent: $ , upon entry into this Agreement;

Monthly Rental: $ , on the 1st day of each month hereafter;

Security Deposit: $ , upon entry into this Agreement;

Late Charge: $ , if rent is paid between the 3rd and the 10th of the month;

NSF Check Fee: $ , if your check is returned once;

NSF Check Fee: $ , if your check comes back the second time.

PETS: No pets shall be permitted on the premises, except the following described pet(s):

KEYS: The Tenant(s) shall pay all re keying or replacing charges in the event that the keys are either lost or not returned upon termination of this Agreement.

NO SMOKING ON PREMISES: Smoke damage could result in tenant(s) being charged for repainting and/or carpet replacing.

UTILITIES: The Utilities checked below are the obligation of the Tenant(s). Tenant(s) shall contract with and pay the utility provider directly for the indicated utilities.

Sewer Gas Water Electricity for a well

Heat Trash Electric Other

UTILITIES, OR SERVICES, BILLED BY BITTERROOT PROPERTY MANAGEMENT, INCORPORATED:

% Sewer % Gas % Water % Electricity for a well

% Heat % Trash % Electric % Other

SERVICES: The services checked below are the obligation of the Tenant(s). If Tenant(s) retains third parties to provide any of the services, Tenant shall pay such third party directly.

Snow Removal Lawn Care Sprinkler Other

RELATED DOCUMENTS: Incorporated into the terms of this Agreement are the following (check all that apply):

Tenants Application for Rental Move in Property Condition Report

Lead Based Paint Disclosure/Handout Other

EMERGENCY CONTACT: In case of an emergency, notify the following individual:

Name:

Address:

Phone: () Relationship:

SIGNATURES OF APPROVAL:

IT IS UNDERSTOOD THAT THE GENERAL TERMS CONTAINED IN THE SECTIONS THAT IMMEDIATELY FOLLOW ARE AN INTEGRAL PART OF THIS AGREEMENT.

GENERAL TERMS:

RENT: Rent is payable in advance on or before 5:00 p.m. on the day indicated on for each calendar month to Manager at the address indicated in the Specific Terms of this Agreement, or at such other place as may be designated by Manager from time to time.

LATE CHARGE: In the event rent is not paid by the date set out in the Specific Terms of this Agreement, a late charge in the amount set forth therein shall arise.

NSF CHECKS: In the event any payment, made by check, to the Manager by Tenant(s) is returned unpaid, the Tenant(s)'s payment shall not be considered made until such funds are made good.

SECURITY DEPOSITS: Tenant(s) agrees to pay concurrent with the signing of this Agreement a security deposit to secure Tenant(s) compliance with all of the conditions of this Agreement and Manager's Rules and Regulations if any.

ADDITIONAL OCCUPANTS/GUESTS: The premises shall not be occupied by any person other than those named as Tenant(s) or additional occupants in this Agreement, without the prior written consent of the Manager.

LAWN CARE: Lawn care includes weeding, trimming and raking as necessary as well as mowing at least every seven days and watering in accordance with local regulations.

ANIMAL/PETS: No animals will be brought on the premises by Tenant(s) or guest at any time without a prior written consent of the Manager.

RULES AND REGULATIONS: The Manager may adopt Rules and Regulations concerning the Tenant(s)'s use and occupancy of the premises...

ORDINANCES AND STATUTES: Tenant(s) shall comply with all applicable statutes, ordinances, and requirements of all municipal county, state and federal authorities and with any applicable private restrictive covenants regarding the use of the premises.

ASSIGNMENT AND SUBLETTING: Tenant(s) will not assign their interest in this Agreement or sublet any portion of the premise without prior written consent of the Manager.

MAINTENANCE, REPAIRS OR ALTERATIONS: Tenant(s) acknowledge that the premises are in good order and repair, unless otherwise indicated on your property condition "move in" report.

INSPECTIONS: Except in emergencies, Manager shall give Tenant(s) a twenty-four (24) hour notice of intent to enter the premises at a reasonable time...

INSURANCE: Manager and/or Owner shall not be liable to Tenant(s), nor insure Tenant(s), for any personal injury or property damage caused by the act or omission of any other Tenant(s) or third party...

ABSENCES: Tenant(s) shall notify Manager of any anticipated absence of greater than seven (7) days or such absence will be considered abandonment of the premises...

DEFAULT: Tenant(s) agrees that each of the terms of this Agreement and of Manager's Rules and Regulations, if any, constitutes an independent condition of Tenant(s)'s right to possession of the premises.

ABANDONED PERSONAL PROPERTY: Upon termination of tenancy, if Tenant(s) fail to remove personal property from the premises, Manager agrees to give Tenant(s) fifteen (15) days notice...

VACATING PREMISES PRIOR TO LEASE TERMINATION: Tenant(s)'s obligations under the terms of this Agreement shall not cease upon surrender of premises.

TERMINATION OF TENANCY: Upon termination of tenancy, Tenant(s) shall return premises to Manager in as good as condition and repair as when received, ordinary wear and tear excepted, and free of all Tenant(s)'s personal property, trash and debris.

KEYS: Tenant(s) is responsible for the cost of re-keying or replacing, if all keys are not returned upon vacating.

TENANT(S) OBLIGATIONS:

1. To comply with all obligations primarily imposed upon Tenant(s) by applicable provisions of building and housing codes materially affecting health and safety;

2. To keep that part of the premises that they occupy and use as reasonably clean and safe as the condition of the premise allows;

3. To dispose from the dwelling all ashes, garbage, rubbish and other waste in a clean and safe manner;

4. To keep all plumbing fixtures in the dwelling unit or used by Tenant(s) as clean as their condition permits;

5. To use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning facilities as well as elevators and other facilities on the premises;

6. To conduct themselves and require other persons on the premises by consent of Tenant(s) to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment of the premises;

7. To use parts of the premises including the living room, bedroom, kitchen and dining room in a reasonable manner considering the purposes for which they were designed and intended;

8. Neither to commit nor allow any illegal acts on or about the premises;

9. To periodically inspect the premises and immediately notify Manager of necessary repairs;

10. To have all carpets professionally cleaned upon vacating and provide a receipt to Manager verifying such service;

11. To keep balconies, patios and porches neat and tidy at all times; no indoor/stuffed furniture is allowed on porches; bicycle storage and patio furniture are allowed;

12. To not store personal property in the interior common areas and hallways and to utilize exterior storage only as designated.

13. No hazardous material may be stored at anytime at the living premises, balcony, patio, porches or garages.

WAIVER OF DEFAULT: Failure to require strict compliance with term(s) of this Agreement or to exercise any right provided for in this Agreement shall not be deemed a waiver of the term(s).

SEVERABILITY: If a part of this Agreement is invalid, all valid parts that are severable from the invalid part shall remain in effect.

NOTICES: Unless otherwise provided, any notice required to give pursuant to the terms of this Agreement, may be given personally or by mailing the same, postage prepaid, certified to Tenant(s) at the premises or to the Manager at the address stated in the Specific Terms of this Agreement or at such other places as may be designated by the parties from time to time.

TIME: Time is of the essence to the terms of this Agreement.

ATTORNEY'S FEES: In any action brought by the Tenants(s) or Manager to enforce any of the terms of this Agreement, the prevailing party in such actions shall be entitled to such reasonable attorney fees and costs as the court or arbitrator shall determine just.

FAIR HOUSING: Civil rights laws of the United States prohibit housing discrimination on the basis of race, religion, sex, national origin, color, handicap, or familial status.

COLLECTION COSTS: In the event Bitterroot Property Management, Inc. takes legal action against the lessees, costs other than attorneys' fees may be the obligation of the tenant.

MEGAN'S LAW: Sexual or Violent Offender Registration information.

RADON WARNING: The Manager has no knowledge of a Radon hazard or any knowledge of prior Radon testing.

AGENCY DISCLOSURE: Bitterroot Property Management, Incorporated, is under contract to represent the owner of the property.

PROPERTY (MOVE IN) CONDITION REPORT: Tenant will be furnished with a Condition Report for the Premises at the initiation of this Agreement.

ENTIRE AGREEMENT: The foregoing six pages and the following disclosure on page 8 constitutes the entire Agreement between the parties.

MOLD DISCLOSURE: There are many types of mold. Inhabitable properties are not, and cannot be, constructed to exclude mold.

TENANTS INDEMNIFICATION: Tenant agrees to indemnify and hold harmless Bitterroot Property Management, Incorporated, and or the property owner, from any and all costs.

THE FOLLOWING TAKE AFFECT IMMEDIATELY

1. CANDLES: Have been found to be a severe fire hazard and their use is prohibited.

2. FLAMMABLE LIQUIDS: Gasoline, kerosene, mineral spirits, etc., constitute a serious danger and are prohibited.

3. FIRE ALARMS, FIRE EQUIPMENT, AND SMOKE DETECTORS: Tampering with fire alarms, smoke detectors and fire equipment is prohibited.

4. HALOGEN LAMPS: Light bulbs greater than 75 watts either incandescent or halogen are not allowed.

5. OPEN FIRES AND COOKING FIRES: shall be constantly attended by a competent person until such fire is extinguished.

6. CONCERNING USAGE OF: a Hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall not be used or kindled on any balcony or under any overhanging portion or within 10ft (3m) of any structure.

7. TO MEDICAL MARIJUANA USERS: No smoking on premises. No marijuana cultivation on property.

8. MOLD STATEMENT: Traces of mold are found everywhere as an ongoing process of nature.

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS

Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a Federally Approved pamphlet on lead poisoning prevention.

Lessor's Disclosure (initial)

(a) Presence of lead-based paint or lead-based paint hazards (check one below):

Known lead-based paint or lead-based paint hazards are present in the housing (explain).

Lessor has no knowledge of lead-based paint and/or lead based paint hazards in the housing.

(b) Records and reports available to the lessor (check one below):

Lessor has provided lessee with all available records pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).

Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Lessee's Acknowledgment (initial)

(c) Lessee has received copies of all information listed above.

(d) Lessee has received the pamphlet "PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME".

Agent's Acknowledgment (initial)

(e) Agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

CERTIFICATION OF ACCURACY

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate.