Rental Agreement
Landlord: Rosi Slater, 929 Nelson Road, Bozeman, MT 59718, (406)581-8371
Tenant: _____________________________________________________________________________________________
Premises: (circle one) 889 925 Nelson Road, Bozeman, MT 59718
Parties agree that each of the general and special terms of this agreement and of the Landlord's rules and regulations, if any, constitutes an independent condition on Tenant's rights to possession of the premises. Any failure by Tenant to comply with one or more of such terms shall constitute a default hereunder and Landlord may terminate this agreement and Tenant's right to possession of the premises in any manner provided by law.
Special Terms Parties further agree that:
1. The term of this tenancy shall be month to month beginning __________________ 20______.
2. Tenant shall pay to Landlord a monthly rent of $______________ payable in advance without demand on the 1st day of each month. No exceptions. Tenant shall deliver monthly rent payment to Landlord at 929 Nelson Road (use black mailbox on front of garage) with payment being delivered no later than 8:00 p.m. on the 1st.
3. Rent is considered late if not received by 8:00 p.m. on the 1st of each month and Tenant will be assessed a $25.00/day late fee payable in addition to owed rent for each day beyond the 1st the rent is late. Landlord may also choose to take any or all of the legal actions outlined in the General Terms of this agreement as noted on the reverse of this contract
4. Tenant shall pay for all utilities and services supplied to premises. Should Tenant fail to maintain constant utility service and/or have power/gas cut off for any reason, Landlord will invoke a 3-day eviction and Tenant will have 3 days to vacate premises.
5. Tenant shall not assign this agreement or sublet or otherwise permit the use of the premises for any purpose other than as a private dwelling solely for Tenant and occupants consisting of: (A) It is further understood that in the event any other person or persons who establish residence of more than 30 days will be considered a permanent Tenant and rent will be raised in the amount of $250.00 per person per month.
6. Tenant acknowledges receipt of the copy of the written statement of the condition of premises attached hereto as exhibit A. Tenant shall deposit with Landlord the sum of $__________* to secure Tenant's compliance with all the condition of this agreement. In the event of default by Tenant under the conditions of this agreement, Landlord may deduct the amount necessary from the deposit to compensate Landlord for all tangible loss, injury or deterioration of the leasehold premises caused by Tenant, his family, or guests, plus unpaid rent, cleaning expenses as allowed by law, and unpaid utilities as owed to Landlord. Upon termination of the tenancy, Landlord will within 30 days deliver to Tenant a written list of any deductions from the security deposit and payment of the balance due to Ten ant. If deposit is insufficient to satisfy the damages, cleaning charges, unpaid rent, or unpaid utilities, the Landlord may collect the deficiency from Tenant. If there are no such charges, Landlord must return deposit within 10 days after termination of tenancy. *Note: Tenant agrees to forfeit one half security deposit if Tenant stays less than 6 months provided all other conditions of the rental agreement are met.
7. Snow removal shall be the responsibility of the Tenant.
8. An additional $100.00 deposit per pet required should Landlord allow a pet. Absolutely no unauthorized pets will be tolerated. Aggressive, destructive, nuisance and/or barking animals will not be tolerated. Any unauthorized pets will result in immediate termination of this lease.
9. Tenant responsible for regular removal of dog/cat manure. Should Tenant fail to remove dog/cat manure on regular basis, Landlord will either revoke privilege of having said pet on premises and/or charge Tenant an hourly rate of $15.00/hour to remove manure.
10. Yard maintenance shall be the responsibility of Tenant. Yard maintenance includes regular watering and mowing of lawn. Should Tenant fail to maintain yard adequately, a professional lawn service will be hired at an expense of $35.00/hour charged to Tenant.
11. Tenant has read and understands the General Terms of this agreement as outlined in page two (2) of this contract.
12. It is agreed between the parties that in any litigation relating to this agreement or deposits the proper venue shall be in Gallatin County.
13. Absolutely no smoking within the premises and/or garage (if applicable).
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Landlord's signature ____________________________ Tenant's signature
Page 2
General Terms of Rental Agreement
(1) Tenant acknowledges that he has read the following section of the Montana law and agrees to comply therewith: "Montana Code Annotated 1978 -70-24-321: Tenant to maintain dwelling unit. (1) a tenant shall: A. comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affect ing health and safety. B. keep the part of the premises that he occupies and uses as reasonably clean and safe as the condition of the premises permit; C. dispose from his dwelling unit all ashes, garbage, rubbish and other waste in a clean and safe manner; D. keep all plumbing fixtures in the dwelling unit or used by the 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 on the premises; F. conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises; and G use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner consid ering the purposes for which they were designed and intended.
(2) Upon termination of the tenancy, Tenant shall return the premises to the Landlord in as good order, condition and repair as when received, ordinary wear and tear accepted, and free of all tenant's personal property, trash and debris. Burns, stains, holes or tears of any size or kind in carpeting, draperies or walls, among other conditions, do not constitute reasonable wear and tear.
(3) Tenant shall not bring, keep or maintain any pet or waterbed on the premises without written consent from Landlord.
(4) Landlord or Tenant may terminate this agreement without cause by service of notice in writing on the other at least thirty (30) days prior to the date designated in the notice for termination. Rent shall be uniformly apportioned from day to day.
(5) If rent is not paid when due and Tenant fails to pay rent, including any late fees, within three (3) days after written notice of non payment and Landlord's intention to terminate the rental agreement, Landlord may immediately terminate the rental agreement and bring an action for eviction (70-24-422 M.C.A., 1978).
(6) Landlord may terminate this agreement for Tenant's material noncompliance with the agreement or violation of 70-24-422 M.C.A., 1978, by giving the Tenant a written 14 day notice to cure said noncompliance or violation or to vacate said premises. If the same act or omission that constituted the prior noncompliance should occur within 6 months, Landlord may terminate by givng a 5 day written notice specifying the breach and the date of termination.
(7) Tenant shall allow Landlord to enter the premises for inspections, repairs, alterations, improvements, showing to actual or prospec tive tenants, purchasers, workmen, contractors, or mortgagees and for emergencies. Except in the case of emergency or unless it is im practical to do so, Landlord shall give Tenant 24 hours notice of his intent to enter and will enter only at reasonable time (70-24-312 M.C.A., 1978). Landlord will inspect property regularly to check current condition.
(8) Tenant shall give notice to Landlord of any anticipated absence of greater than seven (7) days.
(9) In order to avoid deductions from Security Deposit for cleaning, Tenant agrees to allow Landlord or his agent to inspect the prem ises at least 48 hours before Tenant surrenders the premises so that Landlord may provide Tenant with a written list of cleaning neces sary to return the premises to its condition when rented. No deduction for cleaning will be made if Tenant accomplishes the cleaning within 48 hours as provided by 70-25-201 M.C.A., 1978.
(10) Any condition of this agreement shall be deemed changed upon the expiration of thirty (30) days following the service by Landlord or Tenant of the written notice setting forth the change in such condition, including but not limited to the right to increase the monthly rental charged and/or the termination of the lease by the Landlord.
(11) Landlord shall not be liable to Tenant nor to insure Tenant for any personal injury or property damage caused by the act or omis sion of any other Tenant or their party. Tenant shall obtain and pay for any insurance coverage that Tenant deems necessary to protect Tenant and Tenant's property.
(12) Tenant shall not violate any law, nor commit or permit any waste or nuisance on or about the premises, nor in any way annoy any other Tenant of the premises or neighbors or keep anything in or about the premises that will obstruct the public spaces available to other Tenants.
(13) Tenant, and all persons in or about the premises with Tenant's permission, shall comply with all Rules and Regulations made by Landlord and served upon Tenant. Any such Rules and Regulations shall be deemed incorporated herein by reference.
(14) It is further agreed that if Tenant should fail to pay the rent herein stipulated promptly when due, or should fail to comply with any and all other provisions of this agreement, Landlord or his agent may bring appropriate legal action to recover possession of the prem ises, damages or delinquent rent and Landlord shall be entitled to recover all costs and expenses included thereby including reasonable attorney fees.
I have received and read the foregoing General Terms and agree to comply therewith. Dated this ____ day of ___________, 200____
Tenant's signature____________________________________
Tenant's signature_______________________________________
Tenant's signature____________________________________
Tenant's signature_______________________________________