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Form WA-864-1LT
WASHINGTON RESIDENTIAL LEASE AGREEMENT
MONTH TO MONTH
This Residential Lease Agreement (hereinafter “Lease”) is entered into this the ____ 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 jointly, 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
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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____.
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
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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 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
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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;
(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
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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; (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.
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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.
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.
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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.
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,
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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.
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Form WA-864-1LT
36. ADDITIONAL PROVISIONS:
_________________________________________
_______
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
____________________________________
***********************
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: ______________
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
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 ~
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
(Provide copies of this signed Notice to both parties to the Lease.)
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.
