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DWELLING UNIT RENTAL AGREEMENT
IT IS AGREED, by and between Cruise Properties, LC, Landlord, and _________________________Tenant:
That Landlord hereby lets to Tenant, and Tenant hereby leases from Landlord, the following described premises situated in Johnson County, Iowa:
_______________, Iowa City, IA 52245 and parking space # ___
Hereinafter referred to as the "dwelling unit," in consideration of the mutual promises of the parties herein, and upon the following terms, provisions and conditions:
1.TERM.. The duration of this Rental Agreement shall be from 12:00 Noon, August 1, 20__ to 12:00 Noon, July 29, 20__.
2. RENT. Tenant agrees to pay to Landlord, as rental for said term, as follows: $________ per month, in advance, the first payment becoming due August 1, 20__ and then on the 1st day of each month thereafter during the term of this Rental Agreement. Each rent payment must be paid with one (1) check and will not be considered paid until the full balance is received. If multiple checks are received a $25.00 service fee will apply.
All sums shall be paid to the Landlord at 113 Wright St., Iowa City, IA 52240 or at such other place as Landlord may, from time to time, direct.
In the event rent is not received prior to 12:00 a.m. on the 2nd of the month (regardless of cause including returned checks), it is considered late. If rent is still not received as of 12:00a.m. on the 5th of the month, TENANT agrees to pay a late fee of $40.00.
If for any reason the check used by the TENANT to pay LANDLORD is returned without having been paid, TENANT will pay an administrative return check charge of $25.00, late fees, and any penalty charged by LANDLORD’s bank. If for any reason a check is returned dishonored, no checks will be accepted for future rent payments. We may prosecute under Iowa theft statute, which includes bad rent checks as theft.
3. SECURITY DEPOSIT. At the time of execution of this Rental Agreement, Tenant shall pay to Landlord in trust the sum of $_______, (equal to one month's rent) to be held and disbursed as a rental deposit pursuant to the provisions of the Iowa Uniform Residential Landlord and Tenant Act. If no mailing address or instructions are provided to the LANDLORD within one year of lease termination, the security deposit shall revert to LANDLORD, and TENANT will be deemed to have forfeited all rights to the deposit.
4. USE-ABSENCES. Unless otherwise agreed in writing, Tenant shall occupy and use the above-described property as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the premises not later than the first day of the extended absence.
5. UTILITIES. Utilities shall be furnished and paid for by the party indicated on the following (Tenant/Landlord):
Electricity: ______
Gas: ______
Water: ______
Trash Removal: ______
Other: ______
TENANT agrees to transfer utilities into his/her name prior to occupying the unit. Failure to do so may result in disconnection of utility services.
6. UTILITY RATES. Tenant hereby acknowledges that Landlord, or the person authorized to enter into this Rental Agreement on Landlord's behalf, has heretofore fully explained to Tenant the utility rates, charges and services for which Tenant will be required to pay, other than those to be paid by Tenant directly to the utility company furnishing service.
7. MANAGER. Cruise Properties, L.C.., whose address is 113 Wright St., Iowa City, IA 52240, (319) 351-0360 is the person designated by Landlord to manage the premises (and to receive and receipt for all notices and demands upon the owner of the premises). To report service or maintenance problems or to serve any “legal” processes, the TENANT should contact the owner’s AGENT: Cruise Properties, L.C.
8. MAINTENANCE BY LANDLORD. Landlord shall:
(a) Comply with the requirements of applicable building and housing codes materially affecting health and safety.
(b) Make all repairs and do whatever is necessary to put and keep the dwelling unit in a fit and habitable condition.
(c) Keep all common areas of the premises in a clean and safe condition, but Landlord shall not be liable for any injury caused by any objects or materials which belong to, or which may have been placed by, a tenant in the common areas of the premises used by Tenant.
(d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by Landlord. In no event or circumstance will LANDLORD be responsible for any loss of use or consequential damages caused by appliance failure.
(e) Provide and maintain appropriate receptacles and conveniences, accessible to Tenant, for the central collection and removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit, and arrange for their removal.
(f) Supply running water and reasonable amounts of hot water at all times and reasonable heat, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of Tenant and supplied by direct utility connection.
If the dwelling unit is a single family residence, it is understood and agreed that Tenant shall perform the Landlord's duties specified in Paragraphs (e) and (f) above, and shall also make whatever repairs, alterations and remodeling, and perform whatever maintenance tasks, as may be specified on an addendum, which shall be attached hereto, and signed by the parties.
9. MAINTENANCE BY TENANT. Tenant shall:
(a) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety.
(b) Keep that part of the premises that Tenant occupies and uses as clean and safe as the condition of the premises permit.
(c) Dispose from the dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.
(d) Keep all plumbing fixtures in the dwelling unit or used by Tenant as clean as their condition permits.
(e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in the premises.
(f) Not deliberately or negligently destroy, deface, damage, impair or remove a part of the premises, or knowingly permit a person to do so.
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Conduct him or herself in a manner that will not disturb a neighbor's peaceful enjoyment of the premises. TENANT agrees to keep down at all times the volume of music and/or any broadcast programs from: within the unit, outside on the premises, and from TENANT’s and/or guests vehicles parked on the premises and/or street so as not to disturb other people’s peace and quiet; no loud/disturbing noises should be heard in halls nor outside dwelling unit, especially between 9:00 p.m.-8:00 a.m.
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Provide the LANDLORD with a working telephone number. LANDLORD is not responsible for the integrity of phone lines or for the upkeep of internal lines during occupancy. TENANT must receive prior written permission from LANDLORD to install additional phone lines or jacks.
10. CONDITION OF DWELLING UNIT, REPAIRS. TENANT agree to all of the following:
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Tenant agrees that the unit, and property of which it is a part, are in good and satisfactory condition at the time of possession. Tenant shall have the right to report, in writing, any defects or damages to LANDLORD within five (5) days from date of occupancy. Without said report, it will be assumed that unit is in acceptable condition.
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LANDLORD shall furnish light bulbs missing or inoperable at time of move-in; thereafter, TENANT will promptly replace all bulbs, except florescent bulbs, at Tenant’s expense.
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TENANT agrees to test smoke detectors and/or carbon monoxide detectors, if present, at least monthly, and to report any problems to the LANDLORD. TENANT agrees to be responsible for the replacement of batteries in detectors through the term of their occupancy.
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Except for windows/screens noted in writing as being cracked, broken, damaged or missing at move-in, TENANT is responsible for any window/screens cracked, broken, damaged or missing while TENANT lives there.
TENANT agrees to pay the charges resulting from involvement in the following:
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A $40.00 minimum service charge for repairs/service calls due to TENANT negligence.
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A $40.00 minimum service charge for Violation Service Calls for noise complaints, improper removal of trash, illegal/improper parking, and/or posting of legal notices to TENANT.
11. ACCESS. Landlord shall have the right, subject to Tenant's consent, which consent shall not be unreasonably withheld, to enter the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgages, tenants, workmen or contractors; provided, however, that Landlord may enter the dwelling without Tenant's consent, in case of emergency and as otherwise provided in the Iowa Uniform Residential Landlord and Tenant Act.
12. ASSIGNMENTS AND SUBLETTING. Tenant shall not assign this Rental Agreement, nor sublet the dwelling unit, or any portion thereof, without the written consent of Landlord. A $100.00 fee shall apply for any sublet procedure. This fee shall be payable to the Agent (at time of procedure), and will be in addition to any advertising expenses to be billed separately. If TENANT desires Agent to solicit sublet TENANT(s), a separate contract between TENANT and Agent will be executed.
13. FIXTURES AND IMPROVEMENTS. Tenant shall leave upon, and surrender to Landlord, with the premises at the termination of this Rental Agreement, all brackets for curtains, and other fixtures attached to doors, windows or woodwork, and all alterations, additions or improvements made by Tenant, without any payment therefore. Tenant shall make no structural alterations without Landlord's written consent. Satellite dish installation is prohibited.
14. FIRE OR CASUALTY DAMAGE. If the dwelling unit or premises are damaged or destroyed by fire or other casualty to the extent that the enjoyment of the dwelling unit is substantially impaired, Tenant may (i) immediately vacate the premises and notify Landlord within fourteen (14) days of Tenant's intention to terminate this Rental Agreement, in which case this Rental Agreement shall terminate as of the date of vacating, or (ii) if continued occupancy is lawful, vacate only that part of the dwelling until rendered unusable by the fire or casualty, in which case, Tenant's liability for rent shall be reduced in proportion to the diminution in the fair rental value of the dwelling unit. If this Rental Agreement is terminated under the provisions of this paragraph, Landlord shall return to Tenant all prepaid rent and security recoverable under the Iowa Uniform Residential Landlord and Tenant Act. Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty.
15. INSURANCE. TENANT understands that LANDLORD is not an insurer of the TENANT’s person or possessions. LANDLORD shall not be liable for personal injury or death of TENANT, his family or guests or damages or loss of any of the TENANT’s personal property for nay causes whatsoever. LANDLORD recommends that TENANT have renters insurance. If TENANT desires a waterbed on the premises, TENANT must receive written permission from LANDLORD and must provide a Certificate of Insurance covering damages caused by waterbeds with LANDLORD named as additional insured.
16. NONPAYMENT OF RENT. In addition to Landlord's other remedies provided by law, and without prejudice thereto, if rent is unpaid when due, and Tenant fails to pay the rent within three (3) days after notice by Landlord of nonpayment and the Landlord's intention to terminate this Rental Agreement if the rent is not paid within that period of time, then Landlord may terminate this Rental Agreement. A processing fee of $40.00 may be charged for issue and service of each 3-DAY NOTICE TO PAY UNPAID RENT - in addtiion to the $50.00 late fee..
17. PRESENT AND CONTINUING HABITABILITY. Tenant has inspected the property and fixtures, and acknowledges that they are in a reasonable and acceptable condition of habitability for their intended use, and that the rent agreed upon is fair and reasonable in this community for premises in their condition. In the event that the condition changes so that, in Tenant's opinion, the habitability and rental value of the premises are affected, then Tenant shall promptly give reasonable notice to Landlord.
18. DAMAGES TO PREMISES\REIMBURSEMENT
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TENANT agrees not to deliberately/negligently destroy, deface, damage, abuse, impair or remove any part of unit, common areas, building, exteriors, grounds, appliances, fixtures, or equipment nor knowingly permit another person to do so.
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TENANT(s) and/or guests who smoke, any other of tobacco products, candle products or incense are responsible for any damages and special cleaning caused by such – including interior painting.
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Whenever damage to premises is caused by carelessness, misuse, abuse, or neglect of TENANT, his/her family, household member, visitor or guest, TENANT agrees to: repair or otherwise correct the damage at his/her expense and in a manner approved in writing by LANDLORD, and to do so within a reasonable time, or to pay LANDLORD the reasonable cost of all repairs and replacements completed by the LANDLORD to restore premises to a decent, safe and sanitary condition, and to do so immediately after completion and billing for payment.
19. VACATING PREMISES. TENANT shall vacate the premises on or before 12:00 Noon on the lease expiration date. TENANT shall return the unit to LANDLORD in good, clean condition, reasonable wear & tear excepted. TENANT shall provide all keys to Agent prior to lease expiration. TENANT is responsible for having all carpeting professionally shampooed at move-out. LANDLORD will arrange for the cleaning and deduct the cost from TENANT(s) deposit. If TENANT remains in possession of the premises after lease expiration without prior, written approval, the LANDLORD may bring an action for possession of the premises after lease expiration liable for damages and reasonable fees, including attorney fees, in accordance with Iowa laws. Failure to vacate unit by noon of the date listed in this agreement will resulting Illegal Holdover charges being assessed to the TENANT’s account in the amount of $75.00 minimum per day for each day of occupancy after lease termination date.
20. ABANDONMENT. The LANDLORD is attempting to exercise due diligence regarding the TENANT’s property. The TENANT agrees that all personal belongings must be removed form the premises when the lease terminates. The TENANT agrees that any property remaining after tenancy termination becomes the property of the LANDLORD and that the TENANT forfeited possession rights. Any arrangements contrary to the proceeding statements must be agreed upon between LANDLORD and TENANT prior to tenancy termination and made in writing.
21. KEYS, LOCKS, LOCKOUTS. TENANT will be furnished with one set of keys. TENANT agrees to pay for re-keying a lock if at anytime during tenancy the TENANT’s set of keys is lost or if all copies of all keys are not returned at termination of tenancy. When moving out, rent will be owed until all copies of keys are returned to LANDLORD. The TENANT agrees not to change locks nor re-key any door/mailbox. TENANT further agrees to not add any locking device (deadbolt, bar lock, chain lock, padlock) to any door, which would prohibit LANDLORD’s access to the unit. If the LANDLORD finds a TENANT in default of this requirement, LANDLORD may have the offending lock removed, and the TENANT will be responsible for all charges associated with this removal. In the event TENANT calls upon LANDLORD, AGENT, or MANAGER to gain access into unit, after normal working hours, because TENANT misplaces, loses or does not have keys in possession, TENANT agrees to pay as a service charge a minimum of $40.00 for admission into the unit AT THE TIME OF ENTRY. If after 9pm, the cost is $75.00. In the case of inability to pay for access after hours, LANDLORD, AGENT, OR MANAGER has the right to refuse to provide this service until the next day of normal business hours.
22. NOTICES. Service of any notice required under this Lease or Iowa Law shall be accomplished by: (1) personal hand delivery to the other party or to any adult occupant, (2) serving in the manner provided by law for the service of original notice, (3) sending Notice by certified mail, return receipt requested, to the last known address, (4) sending Notice prepaid first class postage to current or last known address of either party, (5) posting when allowed by law. In any instance of personal service, either attempted or successful, an administrative fee of $25.00 per trip will be assessed to TENANT’s account.
23. ANTI-CRIME CONDITIONS. The LANDORD and TENANT agree that the following are conditions of this lease:
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TENANT, the members of the TENANT’s household, or the TENANT’s guests shall not engage in criminal activity on or near LANDLORD’s premises.
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TENANT, the members of the TENANT’s household, or the TENANT’s guests shall not engage in any act intended to facilitate criminal activity on or near the LANDLORD’s premises.
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TENANT, the members of TENANT’s household, or the TENANT’s guests will not permit the dwelling unit to be used for or to facilitate criminal activity regardless of whether the individual engaging in such activity is a member of the household or a guest.
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TENANT, the members of the TENANT’s household, or the TENANT’s guests will not possess, manufacture, sell, or distribute illegal controlled substances at any location, whether on or near LANDLORD’s premises or otherwise.
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TENANT, the members of the TENANT’s household, or the TENANT’s guests shall not engage in acts of violence or threats of violence, including, but not limited to, the unlawful discharge of firearms, on or near the LANDLORD’s premises.
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VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of these conditions shall be deemed a serious violation and a material noncompliance with this Lease and shall be good cause for termination of the lease. Proof of violation shall not require criminal conviction but shall be by preponderance for the evidence.
24. OCCUPANTS. TENANT agrees to use the unit as a private residence only for those named as TENANTS and not to conduct any business/acts not in keeping with law/zoning regulations; No business of any kind (baby-sitting, day-care, car-repairs, etc.) not approved prior in writing. No persons, except those specifically named on Application and Section 1 of this Agreement, will be permitted to occupy the dwelling. Any additional occupant 18 years of age or older must also complete an Application for Tenancy and be approved by the LANDLORD. If TENANT fails to inform LANDLORD of additional people occupying premises, the LANDLORD may charge a fee as much as $100.00 per occurrence and/or terminate the Lease. No occupants will be allowed whose occupancy will exceed the standards of the LANDLORD or of any local, state, or federal codes or ordinances. Unapproved occupants are trespassers. All valid TENANTS on lease are liable for unapproved occupants.
25. LIABILITY. If this lease is executed by more than one person, each person listed as “TENANT” shall be jointly and severally liable for the payment of the full rent, security deposit, and damages incurred, not just a share of the rent or limited to only damages they personally incur, to also include co-signors to the Lease. Unapproved roommates are essentially trespassers.
26. PETS. TENANT agrees no fish, birds, reptiles, animals or any pets of any kind are allowed anywhere on the premises at any time, even temporarily, no matter who owns them, without prior written approval from the LANDLORD. Any unauthorized animal not approved by LANDLORD found in the TENANT’s unit will result in a fee of $500.00, payable within seven (7) days of notification, being assessed to the TENANT. In addition, continued occurrences of unauthorized animals in the unit may result in termination of the Lease Agreement. This regulation does not apply to animals trained to serve the handicapped, such as Seeing Eye dogs or hearing dogs. However, upon request of LANDLORD, TENANT will be required to provide proof that any such animal is truly acting in this capacity.
27. RULES. TENANT agrees that he/she has received in writing all existing RULES concerning the TENANT’s use and occupancy of the premises. TENANT understands that additionally, LANDLORD may, from time to time, and in the manner provided by law, adopt further or amend written rules concerning the TENANT’s use and occupancy of the premises. TENANT agrees to be bound by such rules; breaking those rules or violating another part of the Rental Agreement including non-payment of rent is sufficient grounds for termination of lease by eviction. Normally any/all charges resulting from eviction is responsibility of TENANT.
28. ILLEGAL PROVISIONS NOT AFFECTING LEGAL PROVISIONS: Whatever item in this Lease is found to be contrary to any local, state, or federal law shall be considered null and void, just as if it had never appeared and it shall not affect the validity of any other item in the lease.
29. COPIES AND ATTACHMENTS. This lease has been executed in multiple copies – one for the TENANT and one or more for the LANDLORD. The items checked or listed below are attached to this Lease and are binding even if not initialed or signed:
__________________ A. Co-Signor Agreement
__________________ B. Move-In/Move-Out Inspection Report
__________________C. Resident Parking Registration
__________________ D. Pet Addendum
________ __X_______E. City of Iowa City Information Disclosure & Acknowledgement Form (available at http://www.icgov.org/housing/documents/idaf.pdf)
_____________X______F. Addendum to Dwelling Unit Rental Agreement (copy available on website under 'prospective tenants' link)
30. ENTIRE AGREEMENT. This writing, including any addendum attached hereto, constitutes the entire agreement between the parties hereto with respect to the subject matters hereof; and no statement, representation or promise with reference to this Rental Agreement, or the premises leased, or any repairs, alterations or improvements, or any change in the term of this Rental Agreement, shall be binding upon either of the parties unless in writing and signed by both Landlord and Tenant.
By signing below, I/we certify having read this Lease, having received all agreed upon addendums and attachments, and agree to all terms, conditions and covenants contained herein:
Dated: __________________________________
________________________________________
Cruise Properties, LC Landlord
X_______________________________________
X_______________________________________
X_______________________________________
X_______________________________________
________________________
______________, Iowa City, IA, 52245
Including parking space #___
August 1, 20__ till July 29, 20__
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Prospective Tenants