Example lease FROM ALASKA

[Slavik Lund]

Hello,

This is to reply to a previous post as well as information for others. This is the lease that I am going to use when the previous lease expires. It has been revised by my attorney. All comments, concerns, opinions welcome. I am a new landlord/investor and welcome all input.

I took out my personal information.
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(blank areas are room to write in)

This Lease Agreement (the “Lease”) is made this day of , 20 , by and between Slavik Lund (hereinafter “Landlord”) and (hereinafter, “Tenant”). Landlord shall lease to Tenant the following described premises: 104 Fireoved Drive, Anchorage AK 99508 (hereinafter, the “Leased Premises”) under the following terms and conditions.

1. TERM; RENEWAL. Tenant shall occupy the Leased Premises under the Lease for a term of months beginning on , 20 , and terminating on , 20 . Tenant may renew the Lease with the written approval of Landlord on a month-to-month basis at the end of the aforesaid term on the same terms and conditions as set forth herein by giving written notice of such intent at least thirty (30) days in advance of the last day of the term. Renewal for any longer term, such as six months or one year shall also be at the sole discretion of Landlord and on such terms and conditions as Landlord, in Landlord’s sole discretion, is agreement.
TENANT’S INITIALS: .]

2. RENT; LATE CHARGE; HOW PAID; HOW PAYMENTS ARE APPLIED. During the term of Lease, as aforesaid, Tenant shall pay on a monthly basis rent (hereinafter, “Monthly Rent”) to Landlord in the amount of $ . Monthly rent shall be paid by Tenant by or before 9:00 PM the second (2nD) day of the month in which it is due. Monthly Rent paid after 9:00 PM the second day of the month in which it is due is subject to a late charge of $50.00 and $10.00 dollars every day afterwards. THERE IS NO GRACE PERIOD! Monthly Rent will be paid by Tenant by check, money order, or cash. All payments made by Tenant are accepted subject to negotiation by Landlord, and a $50.00 charge (“NSF Charge”) will be imposed for any check received by Landlord that fails for any reason to negotiable upon presentation to the financial institution on which it is drawn. All amounts received shall be credited first to any outstanding Security Deposits, then to NSF Charge, then to any outstanding Late Charges, then to any Monthly Rent arrearage, then to the current Monthly Rent. Monthly Rent shall not be deemed received or accepted by Landlord for any reason or purpose until the entire amount of Monthly Rent currently due has been received by Landlord and, if payment was made by check, the check has been negotiated by the financial institution on which it is drawn. [TENANT’S INITIALS: .]

3. PRORATION OF MONTHLY RENT. Should Tenant’s first month of occupancy of the Leased Premises be less than a full month, the Monthly Rent paid during that month shall be prorated by dividing the number of days in that month Tenant will occupy by the total number of days in the month, then multiplying the result by the full Monthly Rent. In addition the amount of rent paid prior to occupancy shall equal not less than a full month’s rent. The additional rent paid shall be credited to the following month’s rent.
[TENANT’S INITIALS: .]

4. SECURITY DEPOSIT; RETURN OR APPLICATION ON TERMINATION. Tenant has paid to Landlord a security deposit (“Security Deposit”) in the amount of $ as security for Tenant’s full and complete performance of all covenants and agreements under the Lease. Landlord shall maintain during the term of the Lease and any renewal of the Lease Security Deposit in accordance with Alaska Law. Tenant hereby acknowledges that under no circumstances shall the Security Deposit be considered or otherwise deemed to be pre-paid Monthly Rent, last month’s rent, or as a credit against any other amount due under the Lease. On termination of this Lease for any reason, Landlord shall furnish Tenant a statement concerning the refund, if any, and any other disposition or application of the Security Deposit in accordance with the time periods established and in accordance with Alaska Law, and if a refund is due Tenant, the refund shall accompany this statement. Tenant acknowledges that it is the Tenant’s responsibility to furnish a valid forwarding address for Tenant at the time of termination, otherwise Landlord shall send the statement and refund, if any to the address of the Leased Premises or any other address the Tenant has otherwise provided Landlord during the Lease term and Landlord will not be held responsible for any delay or failure in the statement and refund, if any, reaching Tenant under such circumstances.
[TENANT’S INITIALS: .]

5. ACCEPTANCE OF LEASED PREMISES. Tenant agrees and accepts the Lease Premises in good and serviceable condition following a full and complete opportunity to inspect same for the purpose of noting any exceptions. Tenant acknowledges that the Leased Premises is accepted with no damage and all appliances and fixtures, such as sinks, toilets and tubs, clean and functioning properly, all light bulbs working, all windows clean, unbroken and in good working order, all smoke and carbon monoxide detectors functioning and in good working order.
[TENANT’S INITIALS: .]

6. CONDITION OF LEASED PREMISES ON TERMINATION; MOVEOUT WALK THROUGH. Upon vacating the Leased Premises on termination of this Lease, Tenant shall leave the Leased Premises in the same condition as on taking occupancy, less fair wear and tear consistent with the length of occupancy under the Lease. Further, Tenant is responsible for having any and all flooring, curtains and blinds professionally cleaned, with proof in the form of receipts provided to Landlord at the time Tenant vacates. If Landlord has not received proof of cleaning of all these items, or any of them, if applicable, with three (3) business days of the date Tenant vacates, Landlord shall be entitled to retain the sums necessary to accomplish this required cleaning and in addition the Landlord’s time and effort in arranging for the same from the Security Deposit. Should the Leased Premises require cleaning to return them to the condition they were in on Tenant’s initial occupancy, Landlord shall be entitled to retain the sum of $60.00 per hour times the number of hours expended in cleaning from the Security Deposit. Repairs made by the Landlord, if necessary, will be charged against the Security Deposit based upon the actual cost of the repairs plus labor at the rate of $60.00 per hour times the number of hours expended in making the repairs. Repairs made by third parties, if necessary, will be charged against the Security Deposit based upon the third party charges plus a $60.00 per hour additional charge against Landlord’s time and effort in arranging for same. Any time required to clean and/or repair the Leased Premises following Tenant’s vacating will be charged, in addition to the cleaning and repair time, a day’s rent for each day or part thereof unit is unavailable to rent. This will be charged against the Security Deposit. Any excess garbage that will not fit in garage containers with the lids closed shall be removed to the city dump by Tenant at Tenant’s expense. Garage service will not take any garbage that will not fit in garbage cans. The Tenant further agrees to pay the full replacement cost of any missing furnishings or items plus $60.00 an hour for the Landlord’s time and efforts in obtaining replacements. If all amounts charged against the Security Deposit exceed the amount of the Security Deposit exceed the amount of Security Deposit, Tenant shall promptly, on Landlord’s written demand accompanying the itemization of charges, pay over to Landlord within ten (10) business days the amount said charges exceed the Security Deposit.
[TENANT’S INITIALS: .]

7. UTILITIES. Tenant is required to provide the following utilities while occupying the Leased Premises under Lease: . Tenant further agrees to transfer these utilities to the Tenant’s name within three (3) business days of taking possession of the Leased Premises and provide Landlord within a reasonable time not to exceed two (2) business days with proof of the transfer furnished by the provider of the utility. Tenant shall be responsible for payment of all deposits, charges, and installation and connection fees associated with establishing any utility service for which Tenant is responsible under this Lease. It shall be a breach of the Lease for Tenant to receive any disconnects or other late notice for utility service. The Landlord will pay all other utilities, including the following: . [TENANT’S INITIALS: .]

PLEASE NOTE: It is required that, in connection with any utility service, but in particular for utility service provided by Landlord, that Tenant will conserve energy. Heat must be turned down at night and during the day if Tenant is absent from the dwelling or working all day. The Tenant must not leave windows or doors open during the cold months of the year (October 1st – May 31st ). If Tenant does not conserve energy, then Tenant agrees to transfer the gas bill to their name and pay the gas bill for the duration of their tenancy. [TENANT’S INITIALS: .]

8. KEYS. Tenant hereby acknowledges the receipt of ___ door ___utility room keys for exterior doors to the Leased Premises. Tenant agrees to pay any costs required to replace the lockset associated with a key or keys in the event that same are lost, broken, stolen or duplicating keys for any key lost to an outside door. [TENANT’S INITIALS: .]

9. INSURANCE. The Landlord does not insure Tenant’s personal property, nor does Landlord provide general liability coverage for Tenant’s or guests. It is strongly recommended that Tenant obtain during the Lease term a policy of “Renter’s Insurance”.
[TENANT’S INITIALS: .]

10. TENANT’S OBLIGATIONS GENERALLY.
• Tenant shall not unreasonably withhold consent from the Landlord for entry to the Leased Premises in order to inspect, make repairs, or exhibit the dwelling to prospective purchasers, tenants, workman, or contractors. Entry shall be made during reasonable hours (8:00am to 5:00pm) and notice will be given to the Tenant, if possible. Landlord may enter the Leased Premises without prior noted in the event of an emergency such as, but not limited to the following: Fire, flooding, frozen water lines, natural disaster, or if, in Landlord’s reasonable estimation, a hazard involving life, health or safety exists or if the Leased Premises appear to have been abandoned by Tenant.
[TENANT’S INITIALS: .]
• Tenant shall not keep, harbor or allow to visit any pets or animals of any sort or description whatsoever in or about the unit on a temporary basis without Landlord’s prior permission in writing attached to this Lease as an addendum, with same to be granted in Landlord’s sole discretion and on such further terms and conditions and for such further financial consideration as Landlord, in Landlord’s sole discretion, shall establish.
[TENANT’S INITIALS: .]
• Tenant shall occupy the Leased Premises only as a private residence for______(____) persons whose names are: _____________________________________________________________________________________________________________________________________________________________________________________________________________________. If Landlord determines that additional occupants, other than from birth of a child or children to Tenant, are residing in the Leased Premises without prior written consent of Landlord granted in Landlord’s sole discretion, Tenant will be deemed in material and substantial breach of this Lease, giving rise to Landlord’s various remedies available under the Utah Law. Without any intention to grant permission for such act by Tenant, Tenant shall be charged, in addition to the Monthly Rent, an additional $100.00 per month, or part-month for each such unlisted additional occupant.
[TENANT’S INITIALS: .]
• Tenant shall not use the Leased Premises for any business purpose, to include the operation of any “home business” without prior written permission.
[TENANT’S INITIALS: .]
• Tenant shall not smoke or allow guests to smoke cigarettes, pipes, cigars, etc., inside or outside the Leased Premises or dispose of cigarette butts, ashes, etc., on the grounds surrounding the Leased Premises. Should Landlord have a reasonable belief that Tenant is not in compliance with this provision of the Lease, Tenant will be deemed in material and substantial breach of this Lease, giving rise to Landlord’s various remedies available under the Utah Law. Any smoking in a unit will require repainting and deodorizing the unit and its furnishings at the Tenant’s expense in addition to forfeiture of their entire security deposit.
[TENANT’S INITIALS: .]
• Tenant shall not make loud noises and disturbances while occupying the Leased Premises, and particularly between the hours of 9:00 p.m. and 7:00 a.m.
[TENANT’S INITIALS: .]
• Tenant shall keep excess moisture from building up in the Leased Premises, which Tenant acknowledges will cause damage to the sheet rock and window frames. Tenant shall use, as appropriate, bathroom and kitchen exhaust fans and open the window blinds to facilitate airflow within the unit. [TENANT’S INITIALS: .]
• Tenant shall pay Monthly Rent and all other amounts due under this Lease on or before the due date, without need of further reminder or demand by Landlord.
[TENANT’S INITIALS: .]
• Tenant shall park Tenant’s vehicles in carport location assigned or otherwise designated by Landlord. Tenant shall immediately remove any leaking, inoperable or untagged vehicles from the Leased Premises. ALL FULID LEAKS must be cleaned up by the Tenant within seven days or Tenant agrees to pay Landlord for all cleaning costs. Tenant must pay for any damage caused to the concrete/asphalt. Tenant shall not perform any maintenance at the Leased Premises. Nothing will be parked or stored on the lawn. No cars will be stored on the street that is inoperable. All vehicles need to be licensed that are at Leased Premises and no more than 4 cars at Leased Premises at a time belonging to Tenant and including Tenant’s guests. (NO MORE THAN 4 CARS!)
[TENANT’S INITIALS: .]
• Tenant shall not paint or make any alterations to the Leased Premises without prior written consent of the Landlord, with same granted in Landlord’s sole discretion.
[TENANT’S INITIALS: .]
• Any cable TV or satellite dish to be installed must be approved by Landlord and Landlord must be notified before installation so Landlord can be present for installation. The Landlord will determine placement based on appearance of any hardware. No exterior cables will be run because the whole house is prewired. Mounting of any flat screen TV’s to walls will be done by landlord’s maintenance man at Tenant’s expense.
[TENANT’S INITIALS: .]
• Tenant shall not use adhesive fasteners on wood trim, cabinets or doors or otherwise on the Leased Premises. Only small picture hooks may be used to hang pictures and decorative items on the walls. Tenant shall not install “swag” hooks or otherwise drill or create holes in walls or ceilings.
[TENANT’S INITIALS: .]
• Tenant shall be responsible for any and all snow removal on the sidewalk in front of their unit on the Leased Premises. In case of Tenant’s inability to perform such tasks Tenant will contact Landlord and Landlord will have a service perform snow removal.
[TENANT’S INITIALS: .]
• Tenant shall not use any exterior areas including the roof, attic, and yard, of Leased Premises to store Tenant’s property or otherwise access the roof or attic areas.
[TENANT’S INITIALS: .]
• Tenant shall keep all stairs, porches, patios, entrances, walkways and outside areas at the Leased Premises neat and clean and free of Tenant’s property, trash or rubbish. Tenant specifically acknowledges that this includes, without limit, shoes, bicycles, spare tires, children’s toys, “blue” tarps, boots, fishing gear, coolers (ice chests) sledding equipment and the like. [TENANT’S INITIALS: .]
• Tenant shall dispose of all household trash/garbage in the garbage containers provided. Any excess garbage that will not fit in garage containers with the lids closed shall be removed to the city dump by Tenant at Tenant’s expense. Tenant’s trash collection day is Tuesday. Tenant shall not place any hazardous, dangerous or toxic substances or materials in household trash for collection. Tenant shall be solely responsible for proper disposal of such items.
[TENANT’S INITIALS: .]
• Tenant shall use all appliances and fixtures, such as sinks, toilets and tubs, at the Leased Premises in a reasonable manner and for the purpose for which they are intended. Tenant shall empty the dryer lint and defrost their freezer as needed. Tenant shall not put any foreign objects such as tampons, dental floss, condoms, etc., down the sinks or toilets. Tenant is responsible for calling and for paying a plumber in the event that Tenant causes a drain or toilet to become clogged or over flows. Tenant will immediately notify the Landlord of the problem also. Tenant should not expect the Landlord to deal with the situation.
[TENANT’S INITIALS: .]
• Tenant shall be responsible for replacing any windows cracked or broken at the Leased Premises during the term of the Lease.
[TENANT’S INITIALS: .]
• Tenant shall bring to the Landlord’s attention any and all other problems, deficiencies, unsafe or potentially dangerous conditions in, at, or around the Leased Premises promptly.
[TENANT’S INITIALS: .]
• Tenant shall not at any time sublet the Leased Premises, or assign this Lease or otherwise transfer possession of the Leased Premises or any portion thereof to any other person.
[TENANT’S INITIALS: .]
• Tenant will not have a waterbed on the Leased Premises without the written consent of Landlord.
[TENANT’S INITIALS: .]
• Tenant shall notify Landlord if Tenant will be absent from the Leased Premises for more than 4 days. Please notify Landlord of individual(s) who will be taking care of Leased Premises while absent. In the event Tenant will be having house guests staying at the Leased Premises for more than 7 days the Tenant agrees to pay $100.00 per guest per month or any part thereof for each guest staying at the Leased Premises.
[TENANT’S INITIALS: .]

11. SMOKE AND CARBON MONOXIDE DETECTORS. It is Tenant’s responsibility to test smoke and carbon monoxide detectors weekly and replace batteries when required. Tenant shall notify Landlord if any such device is malfunctioning so that it can be replaced in a timely manner. Tenant shall not for any purpose, disconnect or disable a smoke or carbon monoxide detector and, should it be determined that a Tenant has done so, Tenant will be deemed in material and substantial breach of this Lease, giving rise to Landlord’s various remedies under the Utah Law.
[TENANT’S INITIALS: .]

12. MILITARY CLAUSE. A Tenant who is a member of the United States Armed Forces and who has been notified of a permanent change of station from the Anchorage area may terminate the Lease before the end of the lease term set forth above. Regarding the following terms have been met: 1) a copy of military orders or written documentation showing the permanent change of station is supplied to the Landlord. 2) Tenant provides at least thirty (30) days written notice as is otherwise required under this Lease. In such event, Tenant may vacate on the date given in the military official orders without breaching the Lease.
[TENANT’S INITIALS: .]

13. BREACH; NO WAVIER. If Tenant fails to keep or perform any of the covenants of agreement contained in this Lease, the Landlord may deliver written notice specifying the time frames for cure and as otherwise provided from under the Alaska Law. The failure of Landlord to give such notice at any time shall not be deemed a waiver of Landlord’s right to give such notice at a later time. If requested by Landlord, in writing, Tenant agrees to vacate premises for breach of this Lease within 10 days. [TENANT’S INITIALS: .]

14. ENTIRE AGREEMENT; MODIFICATION; NO CONSTRUCTION AGAINST THE DRAFTER. This Lease is the entire agreement between the Landlord and Tenant and no modification of the Lease shall be valid unless in writing and signed by both Landlord and Tenant. The rule of construction that construes writing against the drafter shall not be applied in connection with any construction of this Lease for any purpose.
[TENANT’S INITIALS: .]

15. IN WITNESS AND AGREEMENT WHEREOF, the parties have signed and sealed this Lease Agreement on the date hereinabove written. We agree we have read, understand and will comply with all conditions of this Lease.

Residents:_______________________________ Date:____________________________

Residents:_______________________________ Date:____________________________

Signed by Landlord:
[ADDRESS]