Term
Who is Liable in the case that the unit is not ready for move in on the commencement date?
What is “The Tenant”? Or What is “Not the Landlord 😁”
It's a monday and you find out that the cops were called over weekend and aressted a non resident from one of your apartments for dealing drugs. Who responsible and what do you do?
Resident, its guests, invitees, and other occupants shall comply with all written Rules and Regulations which shall be considered part of this Agreement. Such Rules and Regulations shall be available from Owner, and Resident acknowledges receipt of such Rules and Regulations. Owner may make reasonable rule changes if made in writing and notice is given to Resident. Resident agrees that the conduct of Resident, its guests, invitees, and/or other occupants shall not be disorderly,boisterous or unlawful and shall not disturb the rights, comforts, or convenience of other persons. Resident acknowledges and agrees that it is responsible for the actions of its guests, occupants, invitees, and others on the Premises due to Resident. Violation of this provision shall constitute grounds for immediate termination of this Agreement at the option of Owner. Resident shall be liable to Owner for any damages to the Premises regardless of who caused the damage unless specifically caused by Owner or Owner’s actions or inactions as described herein.
Resident agrees to accept the apartment in ___________ Condition?
Resident acknowledges that the Premises have been inspected, are in satisfactory condition, and all existing damages have been acknowledged in writing by Owner. Resident accepts the Premises in “as is” condition.
Tenant comes into the office and says they spoke with the previous Property Manager and they agreed to let them out of their lease with only a 30 day notice note a 60 day notice. What does the lease say?
No oral agreements have been made, nor shall any oral agreements be allowed between the parties. This Agreement is the entire agreement between the parties, supersedes any prior discussions, emails, offers, drafts, or other verbal or written statements and may only be modified in writing signed by all parties except for reasonable rule changes or additions to the Owner’s Rules and Regulations.
When is Rent due and when is it considered delinquent.
Monthly Rent and fees are due on or before the first day of each month by 5:00 p.m. local time. Rent paid after such date and time is delinquent.
When does the Lease agreement start?
What is the commencement date!
The Premises are to be used only as a _____________ and may not be used for any ______________.
The Premises are to be used only as a residence and may not be used for any business!
Damage to the unit after move-in must be reported within how many hours after move-in?
Resident, by accepting keys to the Premises or moving its property into the Premises, evidences and accepts the fact that the Premises (including appliances, furnishings, and fixtures) are in clean, safe, sanitary, and in good-working condition and that any exception has been or will be delivered to Owner in writing within 48 hours of accepting keys to the Premises or by moving its property into the Premises.
What is a work order
A new Resident moves in and you find out 3 weeks later the resident lied about items on their application in order to live at the property. What can you now do?
All of Resident’s statements in the rental application were relied upon by Owner in executing this Agreement and any misinformation therein shall be considered cause for immediate termination by Owner of Resident’s right of occupancy.
Tenant walks into the office to pay rent with cash..... What do you do?
Resident agrees that it will not make any payment required by this Agreement in cash. Cash will not be accepted by Owner and any cash payment shall not be deemed to be a valid payment on any obligation under this Agreement. Resident agrees to notify Owner of any request by any agent, employee, or manager to make any payment in cash.
DOUBLE JEOPARDY:
If the Premises are not available for more than …….. number if days, Resident’s sole remedy is to……………………………………
If the Premises are not available for more than seven(7) days, Resident’s sole remedy is to terminate this Agreement and be entitled to a refund of any security deposit and any rent paid.
You are walking the property and notice a pride flag hanging on a balcony, you walk a little farther and you notice a American flag on another balcony, you walk a little farther and you notice a Russian flag in someones window. What do you do?
No tenant exterior displays! Give them all a 3 day notice to comply or vacate.
Owner may regulate the use of patios, balconies, and porches. Owner may regulate signs, flags, and displays which can be seen from the exterior.
Resident is current on their rent and paid all of their fees and have a $0 balance with the property. You get notice that the Power just got shut off to the unit. Can we evict them? Should we evict them?
Resident also agrees to maintain utility services to the Premises; if Resident fails to maintain utility services to the Premises by failing to pay the required utilities, such action will be grounds for eviction. Resident shall also be responsible to maintain the temperature in the Premises to prevent damage to the Premises. Resident shall be responsible for any and all damages for failure to maintain utilities and temperature.
Tenant is approved to transfer to a bigger apartment onsite. You do a direct unit transfer in AF. Once they move and turn in their old keys you inspect that unit and find alot of damage. What do you do with the charges for the damages?
In the event any Resident transfers to another premises, any amounts due for rent or damages shall automatically transfer as rent to the new premises and shall be immediately due. In addition, any amounts due under any prior Agreement(s) shall automatically transfer as rent to this Agreement and shall be immediately due.
Tenant claims to have put their rent check under the office door or in the dropbox but the office has seen now sign of it...Who is liable?
Use of a rental payment drop box, if one is provided by Owner, is for Resident’s convenience— the risk of receipt of funds when such box is used is Resident’s risk, and not Owner’s risk.
What is the Eviction Turnover fee for?
Owner shall be entitled to the Eviction Turnover Fee for the work processing the paperwork to the attorney for an eviction after failure of the Resident to comply with any eviction notice. Resident shall be obligated to pay this fee once the work is done regardless of whether the eviction is filed.
You have a resident who comes to the pool every afternoon to swim laps and tells everyone else they can't use the pool during that time. He yells and threatens the other tenants to stay out while he is using it. What do you do?
Swimming pools, storage rooms, laundry rooms and other facilities, amenities, and common areas (if provided) are available to Resident as a privilege and not a right granted under this Agreement, and are to be used wholly at the user’s risk. Any person including Resident may be restricted from usage at Owner’s sole discretion.
You're doing quarterly inspections and you notice your new resident now has a very lovely green accent wall in their living room and a nice Unicorn and Elmo wallpaper border in their kids room. What do you do?
Charge them...
Resident will return the Premises to the Owner in the same condition as when Resident moved in (subject to reasonable wear and tear). Resident agrees to make no alteration or repair to the Premises (including painting, wallpapering, stickers, new locks, etc.) without first obtaining the prior written consent of the Owner, which permission may be withheld for any or no reason.
A single tenant applies for a 3 bedroom apartment and qualifies. He is insistent on having a 3 bedroom. What are the potential red flags?
This Agreement may not be assigned by Resident nor can Resident sub-let the Premises (including temporary or vacation rentals to third parties). Specifically, the unit may not be used for any type of vacation or temporary rental (including but not limited to Airbnb, VRBO, and like entities) without Owner’s express written consent. Resident shall not list the Premises for purposes of sub-leasing or vacation type rental.
Resident pays rent on the 1st and on the 6th you get notice that the check came back NSF.... The tenant immediately pays the rent again and comes in and blames the system for her check coming back NSF and demands to not pay the late fee.. What do you do?
Rent is not considered accepted, if the payment/ACH is rejected, does not clear, or is stopped for any reason. Any check or other instrument returned shall accrue the maximum charges as allowed by law which shall be in addition to the late fees.
The Lease Initiation Fee above shall be paid upon execution of this Agreement and shall be deemed…….. what?
What is…..deemed consideration for the institution of this Agreement and is not a deposit.
You have a tenant who loves his guns and Second Amendment rights even more. You notice he is walking around the property with his holster and gun on his hip. What are the rules?
Resident agrees that all firearms and weapons are restricted from all the common areas, amenities and other areas controlled by Owner. Owner may further restrict possession, storage, and usage of any firearm or weapon.
You're walking the property and notice a resident gas a camera on their patio facing the pool area....... You approach them about it and they say its just to watch their dog on the balcony while they are away... what do you do?
Resident must obtain prior written permission for security cameras or security systems. Such cameras may only be used within the unit or at the entry door to the Premises. Security systems must be pre-approved and may not impair or impede Owner’s access to the Premises.
You turn a past tenants account balance over to Cullumore for collections. How much more is Cullimore going add to the balance of the account?
In the event Owner contracts with a licensed collection agency or attorney to collect obligations under this Agreement and/or its Addendums, a collection fee of forty percent (40%) of the debt/obligation contracted to be collected shall be added to the amount owed pursuant to the terms hereof and as allowed by law.
When do you charge a service of notice fee?
In the event Owner determines to serve any notice upon Resident due to Resident’s failure to pay rent, any nuisance related to Resident’s tenancy, or for Resident’s violation of this Agreement (including Rules and Regulations), Resident shall be liable to Owner for the Service of Notice Fee stated above.