This lease for the rental of residential property is between Owner/Agent Name ("Owner/Agent") And Resident Name ("Resident")
The Owner/Agent is:
Name Owner/Agent Name
Address Owner/Agent Address Phone Owner/Agent Phone
2. Leased Premises
Owner/Agent hereby leases to Resident the premises described below:
Fixed Term. The term of this lease shall be from 12 P.M. o'clock on Start of Term, to 12 P.M. o'clock End of Term (usually same day +1 year). No notice to terminate at the end of such fixed term is necessary unless otherwise agreed in writing.
Fixed Term. The total rental price for the term of this lease is $Full Lease Price. Of this amount, the first rental payment in the amount of $First Payment (usually = 1st month) is due prior to the first day of the lease. The remainder is payable in monthly installments of $Monthly Installment each, due on the Xth day of each month, beginning Start of Term + 1 month.
Rent payments shall be made to Owner/Agent Name at Owner/Agent Address or as a direct deposit to their bank account.
Resident shall not be entitled to withhold, from any rent payment, the cost of any repair, alteration, maintenance or improvement to the property, except as expressly agreed by Owner/Agent.
Resident shall incur and be charged $ 20.00 per day as a late fee for payment of rent received after 5 P.M. on the 8th day of the month. Such fee, which will be considered additional rent, may be collected immediately by Owner/Agent or, at Owner/Agent's option, such fee may be withheld from Resident's security deposit if written notice of such intended withholding is provided to Resident within 45 days of the date that the late fee is incurred. The giving of such notice of intent shall not relieve Owner/Agent of any obligation pertaining to the security deposit set forth in section 6 of this lease. Late fees may be waived if Owner/Agent agrees in writing.
Resident should request such waiver by notifying Owner/Agent on or before the rental due date and mutually arranging an alternative payment date.**
A charge of up to $35 may be imposed for any Resident's check returned to Owner/Agent because of insufficient funds, whether the check is for rent, security deposit, or other payment.
Any late fee and returned check charge shall be a reasonable estimate of the administrative costs incurred by Owner/Agent.
Unless otherwise specified in this lease, all notices provided by this lease shall be in writing and shall be delivered to the other party personally, or sent by first class mail, postage pre-paid, or securely and conspicuously posted, as follows:
To Resident: at the premises, or at Resident's last known address, or at Resident's Email
To Owner/Agent: Owner/Agent NameOwner/Agent Address, and Owner/Agent Email
Notice to one Resident shall be deemed to be notice to all residents.
6. Security Deposit
A. Resident has paid Owner/Agent the sum of $Full Security Deposit Sum as a security deposit to secure the performance of this rental agreement and for Resident’s full and faithful performance of Resident’s obligations under this Lease.
B. The rest of the security deposit shall not be refunded if the lease is not executed according to its terms such as but not limited to: Dates of payment, payment amounts, commencement dates, defaults, damages, etc.
C. Any advance or deposit of money, whether termed last month's rent, damage deposit, or security deposit, constitutes a security deposit under this section. Resident may not use the security deposit in place of rent without the written permission of Owner/Agent.
D.No Interest shall be paid on the security deposit except to the extent required by any applicable laws or ordinances, in which event interest shall be computed and paid per the then applicable terms of any such law or ordinance.
E. It is the duty of Resident to return the premises, including any outside areas, yards or driveways required to be maintained by Resident under this lease, to their condition at the commencement of this lease, except for normal wear and tear. Colorado state law defines normal wear and tear as: "that deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the Resident or members of his household, or their invitees or guests."**
F. Owner/Agent shall return the security deposit minus any debits to Resident within 60 days after termination of this lease. If actual cause exists for retaining any portion of the security deposit, Owner/Agent shall provide Resident with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained(debits). Owner/Agent is deemed to have complied with this paragraph F by mailing said statement and any payment required to the last known address of Resident. The failure of Owner/Agent to provide a written statement within the period of time stated above shall work a forfeiture of all Owner/Agent's rights to withhold any portion of the security deposit.
G. Owner/Agent, at Owner/Agent's option, may use Resident's security deposit during the term of this lease to fulfill Resident's obligations under this lease. Nothing in this paragraph G shall relieve Owner/Agent of any obligation created by the state security deposit law set forth in Colorado Revised Statutes 1973, section 38-12-101 et seq.
7. Eviction/holding over
A. Owner/Agent may evict Resident from the premises or undertake other legal action to regain possession for non-payment of rent or substantial breach of the lease.
B. Resident shall continue to be liable for rent and be bound by the other provisions of this lease during the time Resident remains in possession of the leased premises even though Owner/Agent has chosen to seek eviction because of Resident's breach of this lease.
C. If the premises are abandoned or if Resident is evicted, Resident will remain liable for any loss of rent for the remainder of the lease term. Owner/Agent will attempt to re-rent the premises to minimize any loss.
D. Eviction procedures, including notice requirements, as set forth in Colorado Revised Statutes 1973, section 13-40-101 et seq. (court-ordered evictions) shall be the sole remedy available to Owner/Agent to evict a Resident.
Only the persons named herein as a Resident, and their children, if applicable, may reside in the Premises.
Resident shall not allow guests to stay upon the premises more than 7 days per month without written consent of Owner/Agent.
The demised Premises shall be used and occupied by the Resident exclusively as a private single family residence and neither the Premises nor any part thereof shall be used at any time during the term of this lease by the Resident for the purpose of carrying on any business, professional, or trade of any kind, or for any purpose other than as a private single family residence.
Resident shall not engage in any illegal activities on the premises. Any illegal activities shall allow the Owner/Agent to terminate said lease and Resident shall be in default, be responsible for the unpaid balance of the lease and indemnify the Owner/Agent of any damages that may be incurred.
Unless specifically exempted in writing, the Resident shall be responsible for all utilities including but not limited to water, gas, electric, cable, and phone.
Also on premises: Central A/C Cooling system, Washer/Dryer, Range/Oven, Dishwasher, Microwave, Refrigerator.
Within 3 business days after the beginning of the lease term, Resident shall arrange for such utilities or services and for billing directly to Resident.
The party responsible for any particular utility or service shall not be liable for failure to furnish the utility or service when the cause of such failure is beyond that party's control.
Resident shall permit Owner/Agent to enter the premises at reasonable times and upon reasonable 24 hour prior to entry notice for the purpose of making necessary or convenient repairs or reasonable inspections, or to show the premises to prospective residents, purchasers, or lenders. Entry may be made without prior notice only if Owner/Agent reasonably believes that an emergency exists, such as a fire or broken water pipe, or that the premises have been abandoned.
Resident shall not assign this lease, or sublet any portion of the leased premises, for any part or all of the term of this lease without prior written consent of Owner/Agent.
Owner/Agent agrees to release Resident from this lease if Resident finds a replacement Resident, acceptable to Owner/Agent, who will sign a new lease for the remaining term. Owner/Agent shall exercise good faith and reasonableness in accepting a replacement Resident.
13. Noise and Nuisance
Resident agrees not to make any excessive noise or to create any nuisance such as will disturb the peace and quiet of neighbors.
14. Rules and Regulations
The Resident shall comply with all sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy and preservation of the demised Premises, and sidewalks connected thereto, during the term of this lease. The Resident shall further agree to comply with all Laws and Ordinances of Centennialand the Jackson Farm II HOA. TheResident is responsible to contact the City of Centennial as well as the HOA regarding any laws and regulations that they may have questions about.
15. Check-in/check-out sheet
Resident agrees to fill out provided check in/check out sheet and return to the Owner /Agent within 5business days after the beginning of the lease term. Ifthe form is not received on time then the Resident is subject to Owner/Agent's determination of the condition of the premises at the time possession was delivered to Resident hereunder. Complete and sign this form as soon as possible in order to help protect both parties.**
The premises come unfurnished.
17. Repairs and Maintenance
A. If repairs are required in order for the premises to be in compliance with applicable housing codes, Owner/Agentshall be responsible for making such repairs. Owner/Agent shall be responsible for payment of any costs of such repairs unless the repairs were necessitated by the negligence or willful acts of the other party to this lease. If Resident believes repairs are necessary, Resident should contact Owner/Agent and request such repairs. For more information, see The Colorado Renter’s Guide, Renter Rights and Responsibilities.**
B. Resident shall not make repairs without written consent of Owner/Agent. Minor upkeep not due to Residents misuse shall be done at the Owner/Agent’s discretion.
C. The Resident, at his/her sole expense, shall keep the fixtures in the house or on or about the leased Premises in good working order and Resident shall pay reasonable charges (other than for normal wear and tear) for the repair of damage to the premises or common areas caused by the negligence or willful acts of Resident, members of Resident's household, or guests. Excessive damage to the premises by Resident, members of Resident's household, or guests shall be grounds for Owner/Agent to evict Resident.
D.Resident shall not keep or have on the Premises any articles or things of dangerous, inflammable or explosive character that might unreasonably increase the danger of fire on the leased Premises or that might be considered hazardous or extra hazardous by a responsible insurance company. Resident shall not use the basement room or garage for storage of paints, cleaning chemicals or other flammable products.
18. Constructive Eviction
When conditions beyond the control of Resident cause the premises to become legally uninhabitable, and when Owner/Agent is responsible for remedying those conditions but does not do so within a reasonable time after notification by Resident, Resident may vacate the premises, terminate this lease, and owe no future rent. It is recommended that Resident consult legal counsel prior to exercising the remedy of constructive eviction.**
19. Outside Maintenance
Resident shall be responsible for the routine care and maintenance of the yard and outside areas, unless otherwise agreed in writing. Resident’s responsibilities include, but are not limited to adequate watering of the lawn, shrubs, and trees, removing weeds, raking leaves, removing snow and ice from sidewalks, walkways, and driveways.
The Owner/Agent shall be responsible for the mowing and trimming of the lawn.
20. Alterations to Premises
Resident agrees that before making any alterations to the premises including, for example, painting, adding or changing door locks, or altering landscaping, advance written consent of Owner/Agent will be obtained.
21. No Pets and No Smoking
No pet shall be allowed on the premises without prior written consent of Owner/Agent.
No smoking of any kind may be done on the premises.
The premises include the following parking facilities: 2.5 attached car garage and driveway.
Owner/Agent's insurance does not cover Resident's personal possessions in the event of loss or damage due to fire, windstorm, flood, theft, vandalism, or other similar cause. It is highly advised for the Resident to obtain renter’s insurance to protect personal possessions or to insure against Resident's personal liability. Call Colorado's insurance office at 303-894-7499, to find out if there have been any complaints against any companies you are considering.**
24. Attorney's fees
In the event of any legal action concerning this lease which results in a judgment, the losing party shall pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court.
Resident will only be liable for the injury to any person or damage to any property caused by the negligence or willful acts of Resident. Owner/Agent will only be liable for the injury to any person or damage to any property caused by the negligence or willful acts of Owner/Agent.
This lease shall be subordinate to all existing and future mortgages and deeds of trust upon the property.
Any waiver by either party of any breach of any provision of this lease shall not be considered to be a continuing waiver or a waiver of a subsequent breach of the same or a different provision of this lease.
The unenforceability of any provision or provisions of this lease shall not affect the enforceability of any other provision or provisions.
29. Joint and Several Liability
If this lease is signed on behalf of Resident by more than one person, then the liability of the persons so signing shall be joint and several. The language "joint and several" means that if more than one person has signed this lease, then each of these persons individually and all of these persons collectively are fully responsible for fulfilling all of the obligations of this lease, except where expressly otherwise agreed between Owner/Agent and Resident. For example, one person signing the lease may be liable for any or all damages to the premises, even if caused by another person signing the lease, and one person signing the lease is liable for the total amount of rent due, even though other persons have also signed the lease.**
30. Surrender of Premises
At the expiration of the lease term, the Resident shall quit and surrender the Premises and equipment hereby demised in as good state and condition as they were at the commencement of this lease, minor evidence of use and wear thereof and damages by the elements excepted. See paragraph 15, Check in/check out sheet.
Carpet, bathrooms, countertops, kitchen and kitchen appliances, windows and cabinets must be professionally cleaned or cleaned as though professionally cleaned. If the Owner finds that the cleaning is insufficient the Resident agrees that professional cleaning may be paid at Resident’s expense.Resident further agrees that if any carpeting in a room or hallway must be replaced due to odors or stains Resident shall be liable for replacement of all carpeting in such room or hallway or otherwise as is reasonably required to avoid a “patched” appearance of the replacement carpeting.
31. Signatures/amendment of lease
Facsimile signatures shall be valid and binding upon all parties.
This lease contains the entire agreement of the parties and may not be altered or amended except by mutual written agreement signed by both parties.
Signed this Sign Date
** THE PORTIONS OF THIS LEASE WHICH APPEAR IN ITALICS ARE FOR EDUCATIONAL
OR INFORMATIONAL PURPOSES ONLY. THEY ARE NOT PART OF THE LEASE
AGREEEMENT ITSELF AND DO NOT CREATE ANY OBLIGATIONS UNDER THE LEASE.