Form updated September 9, 2013
RESIDENTIAL LEASE/RENTAL AGREEMENT
This agreement made this _______ day of (mo.) ________ (yr.)______, is between Real Estate Central LLC (hereinafter called
Management) and ________________________________________ (hereinafter called Resident). Management leases to
Resident, and Resident rents from Management, residential unit located at
_______________________________________________________________________________ (hereafter called premises), in
it's present condition, under the following conditions:
1. TERM: The initial term of this lease shall be 1 + year, beginning __________ (yr) ______ and ending Noon, __________ (yr)
______. If the Resident vacates before the term ends, the Resident will be liable for the balance of the rent for the remainder of the
term.
2. POSSESSION: If, after signing this agreement, Resident fails to take possession of the premises, Resident will still be responsible
for paying rent and complying with all other terms of this agreement. If there is a delay in delivery of possession by Management,
rent shall be abated on a daily basis until possession is granted. If possession is not granted within seven (7) days after the
beginning day of initial term, then Resident may void this agreement and have full refund of any deposit. Management shall not be
liable for damages for delay in possession.
3. RENT: Rent is payable monthly, in advance, at a rate of __________________________________ dollars ($______________),
per month, during the term of this agreement on the first day of each month. Tenant agrees to pay $50 for each dishonored debit or
check plus all late fees as assessed in paragraph 4 below. Rent is to be made payable to Real Estate Central LLC and mailed to PO
Box 141, Scott Depot WV 25560. If rent is not paid by the 5th of the month, the terms of this lease have been broken, and this lease
is to be considered expired.
4. LATE FEE: Rent checks must be postmarked on or before the 1st of each month. If the rent is postmarked after the 1st, late fees
will apply. There will be a $50 fee for the 1st day late and an additional $10 fee per day until the rent is paid in full. Do not ask for
these fees to be waived, as the answer will be “no”. Resident agrees to pay a collection fee of $15 any time management or
management's agent makes a personal visit to the leased premises or another agreed location for the collection of any money due
management.
5. APPLICATION OF MONEY PAID: All payments by resident(s), by a governmental agency or by anyone else on behalf of resident
(s) shall be first applied in the following order: deposit, damages, utility charges, late fees, any other charges, past due rent, and then
last to current rent.
5. EVICTION: If the rent called for in paragraph 3 hereof has not been paid by the fifth (5th) of the month, then Management shall
automatically and immediately file a wrongful occupancy suit with □ Kanawha □ Putnam County and have Resident, his/her family
and possessions evicted from the premises. In any action or legal proceeding to enforce any part of this agreement, Resident shall
be liable to pay reasonable attorney fees and court costs. In the event that the rent is paid before the hearing, the tenant shall also
be responsible for the costs of filing the suit in addition to the rent and late fees.
6. INDEMNIFICATION DEPOSIT: Management acknowledges receipt of _________________________________ dollars
($______________), as a deposit to be used by Management at the termination of this lease toward reimbursement of the cost of
repairing any intentional or negligent damages to the dwelling unit caused by the resident(s), his/her family, dependents or guests,
unpaid charges, and any rent owed by the resident, including rent for a vacancy caused by the resident(s) breach of the lease.
Deposit will be returned to Resident less a $100 cleaning charge, thirty (30) days after the residence is vacated if:
(a) Thirty (30) day notice was given in writing to management at least 30 days before resident vacated even if resident vacates at the
end of the first year lease
(b) Lease term has expired or agreement has been terminated by both parties; and
(c) All monies due Management by Resident have been paid; and
(d) Residence is clean and is not damaged and is left in its original condition, normal wear and tear expected, and
(e) Management is in receipt of copy of paid final bills on all utilities (gas, electric, water, garbage, and telephone).
(f) All keys are returned to management
(g)Forwarding address is left with management
(h) Deposit will not be returned if Resident leaves before lease time is completed. Deposit may be applied by Management to satisfy
all or part of Resident's obligations and such act shall not prevent Management from claiming damages in excess of the deposit.
Resident may not apply the deposit to the last month's rent or to any other sum due under this agreement.
The security deposit will be returned in the form of a check and mailed to the forwarding address. The check will be addressed jointly
to all persons whose names appear on the lease. If resident(s) fails to provide a forwarding address, management will be under no
obligation to resident for any deposit.
7. RENEWAL TERM: It is the intent of both parties that this lease is for a period of 12 months. Should this lease be breached by the
Resident, the indemnification deposit shall be forfeited as liquidated damages and the Resident will owe rent for 30 days after turning
into 30 day notice.
8. SUBLET: Resident may not sublet residence or assign this lease without written consent of Management.
9. CREDIT APPLICATION: Management having received and reviewed a credit application filled out by Resident, and Management
having relied upon the representations and statements made therein as being true and correct, has agreed to enter into this rental
agreement with Resident. Resident and Management agree the credit application the Resident filled out when making application to
rent said residence is hereby incorporated by reference and made a part of this rental agreement. Resident further agrees if he/she
has falsified any statement on said application, Management has the right to terminate rental agreement immediately, and further
agrees Management shall be entitled to keep any security deposit and any prepaid rent as liquidated damages. Resident further
agrees, in event Management exercises its option to terminate rental agreement, Resident will remove him or herself, his/her family,
and possessions from the premises within 24 hours of notification from Management of the termination of his lease. Resident further
agrees to indemnify Management for any damages to property of Management including, but limited to, the cost of making residence
suitable for renting to another Resident, and waives any right of "set off" for the security deposit and prepaid rent which was forfeited
as liquidated damages.
__________ ____________
Initials of mgt Initials of tenant(s)
10. FIRE AND CASUALTY: If residence becomes uninhabitable by reason of fire, explosion, or by other casualty, Management may,
at its option, terminate rental agreement or repair damages within 30 days. If Management does not do repairs within this time or if
building is fully destroyed, the rental agreement hereby created is terminated. If Management elects to repair damage, rent shall be
abated and prorated from the date of the fire, explosion, or other casualty to the date of re-occupancy, providing during repairs,
Resident has vacated and removed Resident's possessions as required by Management. The date of re-occupancy shall be the date
of notice that residence is ready for re-occupancy.
11. HOLD OVER: Resident shall deliver possession of residence in good order and repair to Management upon termination or
expiration of this agreement. The lease may be terminated by either party by giving written notice to the other at least thirty (30)
days prior to the expiration of the original lease or any renewal term thereof. Failure to give such notice shall constitute an automatic
renewal of this lease for the term of one month at the same rental rate and on the same conditions, requirements and obligations for
a period of one month, said month starting on the first of the month. Occupancy of one or more days of any month makes the
resident responsible for the entire months rent, unless other arrangements have been permitted in writing by management.
12. RIGHT OF ACCESS: Management or Management's agent may enter the premises in the event of an emergency, to make
repairs or improvements, or to show the premises to prospective buyers or tenants. Management may also enter the premises to
conduct an annual inspection and to check for safety or maintenance problems.
13. USE: Residence shall be used for residential purposes only and shall be occupied only by the persons named in Resident's
application to lease. The presence of an individual residing on the premises who is not a signator on the rental agreement will be
sufficient grounds for termination of this agreement. Residence shall be used so as to comply with state, county, and municipal laws
and ordinances. Resident shall not use residence or permit it to be used for any disorderly or unlawful purpose or in any manner so
as to interfere with other Resident's quiet enjoyment of their residence.
14. PROPERTY LOSS/RENTERS INSURANCE REQUIRED: Management shall not be liable for damage to Resident's property for
any type for any reason or cause whatsoever, except where such is due to Management's gross negligence. Resident acknowledges
that he/she is aware that he/she is required to obtain any desired insurance for fire, theft, liability, etc. on personal possessions,
family, and guests. Management’s insurance does not cover tenants belonging. Within 3 days of signing this agreement, Resident
will obtain renter's insurance, with Real Estate Central LLC listed as a title holder, and provide proof of coverage to Management.
Resident further agrees to maintain the policy throughout the duration of the tenancy, and to furnish proof of insurance on a yearly
basis.
15. PETS: Animals, birds, or pets of any kind shall not be permitted inside the residential unit at any time unless the prior written
approval of Management has been obtained. You will be evicted for having pets without prior written approval!
16. INDEMNIFICATION: Resident releases Management from liability for and agrees to indemnify management against losses
incurred by Management as a result of (a) failure to fulfill any condition of this lease; (b) any damage or injury happening in or about
residence or premises to Resident’s invitees or licenses or such person’s property; (c) Resident’s failure to comply with any
requirements imposed by any governmental authority; and (d) any judgment, lien, or other encumbrance filed against residence as a
result of Resident’s action.
17. FAILURE OF MANAGEMENT TO ACT: Failure of Management to insist upon compliance with the terms of this agreement shall
not constitute a waiver of any violation.
18. REMEDIES CUMULATIVE: All remedies under this agreement or by law or equity shall be cumulative. If a suit for any breach of
this agreement establishes a breach by Resident, Resident shall pay to Management all expenses incurred in connection therewith.
19. NOTICES: Any notice required by this agreement shall be in writing and shall be delivered personally or mailed through the US
Postal Service.
20. REPAIRS: Tenant hereby agrees to be responsible for and pay to management any damages to said premises outside those
resulting from normal wear and tear. Management will make necessary repairs to the home with reasonable promptness after receipt
of written notice from resident. Resident shall keep premises in a safe, clean, and sanitary condition. Resident may not make
changes to the home, paint, or remove any fixture without written permission from Management. Examples of tenant responsibilities
include but are not limited to broken windows, broken mirrors, clogged pipes and repairs to heating & cooling due to not changing
filter monthly as required. Resident agrees to immediately notify Management of any defects or dangerous conditions in and about
the premises of which Resident becomes aware.
21. ABANDONMENT: If Resident removes or attempts to remove property from the premises other than in the usual course of
continuing occupancy, without having first paid Management all monies due, residence may be considered abandoned, and
Management shall have the right without notice, to store or dispose of any property left on the premises by Resident. Management
shall also have the right to store or dispose of any of Resident’s property remaining on the premises after the termination of this
agreement. Any such property shall be considered Management’s property and title thereto shall vest in Management.
22. CRIMINAL ACTIVITY: Management will terminate tenancy and evict tenants for engaging in a criminal activity regardless of
whether the person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal
conviction.
23. PEST CONTROL/BUGS AND RODENTS: Resident agrees to be responsible for pest control and extermination services on the
premises, and to keep the premises clean and sanitary to avoid such problems. Resident shall notify Management immediately of
any evidence of termites, roaches, wood destroying bees or ants, mice or any other pests.
24. LOCKOUTS: There is a $25.00 lockout fee for management to let resident into premises for 9 am to 5 pm Monday - Friday,
excepting Holidays, and $50 for after these hours, Saturdays, Sundays and Holidays. This fee is $5 if resident picks up key from
management.
23: MORTGAGEE’S RIGHTS: Resident’s rights under this lease shall at all times be automatically junior and subject to any deed to
secure debt which is now or shall hereafter be placed on premises of which residence is part; if requested, Resident shall execute
promptly any certificate that Management may request to specifically implement the subordination of this paragraph.
__________ _______________
Initials of mgt Initials of tenant(s)
24. LIABILITIES OF ALL PARTIES: If more than one person signs this lease, the liability of all parties shall be joint and several
meaning that each resident is liable for the entire rental payment and all other obligations in this lease agreement. In the event at
Management sues the resident(s) for any reason, including nonpayment of rent, all those either signing the lease or living in the
premises will be named as defendants.
25. EXPENSES: Expenses are never to be deducted from the rent. Rent is to be paid in full and on time. Expenses and
reimbursements are always to be handled as separate transactions unless prior arrangements have been made.
26. REKEYING/ALARM SYSTEMS: Resident will not, without Management's prior written consent, alter, rekey or install any locks to
the premises or install or alter any burglar alarm system. Resident will provide Management with a key or keys capable of unlocking
all such rekeyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system.
27. VIOLATING LAWS AND CAUSING DISTURBANCES: Resident is entitled to quiet enjoyment of the premises. Resident and
guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws
prohibiting the use, possession, or sale of illegal drugs; (2) commit waste (severe property damage); or (3) create a nuisance by
annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby
resident.
28. LIST OF RESIDENTS AND AGES: __________________________________________________________________________
29. PERSONAL PROPERTY ITEMS: The following items are in the property: □ Refrigerator □ Stove □ Dishwasher □ Microwave □
Washer □ Dryer □ Window a/c #___ □ Furniture __________________ □ Other _______________________
30. ADDITIONAL AGREEMENTS :
□ City of South Charleston city services fee, which includes trash, is to be added to the rent. The current rate is $13.34/month. If
the city raises these fees at any time, tenants will be notified in writing.
□ City of Nitro trash fee is to be added to the rent. The current rate is $25/month. If these city raises these fees at any time, tenants
will be notified in writing.
□ A set fee of ______ for water and sewer is to be added to the rent.
________________________________________________________________________________________________________
________________________________________________________________________________________________________
29. ENTIRE AGREEMENTS: This agreement and any attached addendum constitute the entire agreement between the parties and
no oral statements shall be binding. It is the intention of the parties herein that if any part of this rental agreement is invalid, for any
reason, such invalidity shall not void the remainder of the rental agreement.
________________________________ _______________________________ _______________
signature of property manager signature of tenant date
________________________________ _______________________________
print print
_______________________________
signature
________________________________
print
Rent payable to: Real Estate Central LLC
Address to Send Rent: Real Estate Central LLC
PO Box 141
Scott Depot WV 25560
Broker: Real Estate Central, LLC, Josh McGrath, 3961 Teays Valley Rd, Suite 201A, Hurricane WV 25526