LEASING TERMS AND POLICY
1. RENTS: Rent and all other monthly charges are due on the first of the month and must be paid on time. If rent is not paid by the end of the 4th day of the rental period a late fee in the amount stated on this Rental Agreement will be imposed and become due on the 5th day of the rental period. Partial payments will not be accepted without prior Owner approval. Cash payments are not accepted. Acceptable forms of payment include check, money order, Section 8 Voucher, and paying online through the resident portal.
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If any check from Resident has been dishonored for any reason, Owner may require Resident to make all future rent payments by certified check or money order. If the tenancy is a month-to-month tenancy, Owner may not increase rents during the first year after the tenancy begins, and may increase rents at any time after the first year of the tenancy by giving Resident at least 90 days prior written notice of the effective date of the rent increase. The notice will specify the amount of the rent increase, the amount of the new rent and the date on which the increase becomes effective. The daily prorates of rents and other monthly charges will be based a 365-day year.
2. NONPAYMENT OF RENT OR OTHER AMOUNTS DUE: If rent is not paid when due, on or after 8th day of the rental period, Owner may issue a 10-day notice of nonpayment of rent.
3. APPLICATION OF PAYMENTS: All payments made by Resident to Owner after the tenancy commences, no matter how designated by Resident, may be applied by Owner as follows: first to any outstanding rent from prior periods; second, rent for the current rental period; third, utility or service charges; fourth, to late rent payment charges; and finally, to any other fees, charges, damage claims or other claims owed by Resident.
4. EARLY TERMINATION OF LEASE: If this lease is for a set term, failure to complete the terms of this lease will result in a lease break fee of 1.5 times the monthly rent.
5. TERMINATION BY RESIDENT: Resident may only terminate a month-to-month tenancy without cause by giving Owner written notice no less than 30 days prior to the date Resident intends to move out. If Resident vacates without providing proper notice to terminate a month-to-month tenancy, Owner may charge and recoup actual damages which may include up to 30-days of rent beyond the date that Owner regains possession.
If this is a fixed term rental agreement and the specified ending date falls within the first year of occupancy, Resident agrees to provide a minimum of 30 days written notice to Owner of Residentʼs intent to vacate at the end of the fixed term. If Resident fails to provide the notice required in this section, Owner may recover all actual damages incurred, which may include rental loss due to Owner not being able to market the unit prior to the end of the fixed term. “First year of occupancy” includes all periods in which any of the Residents has resided in the dwelling unit for one year or less."
6. NO REVOCATION OF TERMINATION NOTICE: Any termination notice from Resident may not be revoked without Owner's written consent.
7. PETS: No cats, dogs or other pets capable of causing damage to persons or property are allowed on the Premises, regardless of living or visiting there, without a signed pet agreement and payment of any deposit, as required by Owner. Resident will be responsible for any and all damage or injuries caused by Residentʼs pets or visiting pets.
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8. WATERBEDS/AQUARIUMS: Waterbeds and/or aquariums are allowed only with proper insurance and written approval by Owner.
9. MUSICAL INSTRUMENTS: Musical instruments are not allowed without the prior written consent of Owner.
10. OCCUPANTS: The unit will be used only for housing persons listed on this Rental Agreement. Additional Residents must be approved by Owner and are subject to full screening procedures. Persons other than those specifically listed on this Rental Agreement shall be strictly prohibited from staying in the rental unit for more than 10 consecutive days, or a total of 20 days in any 12-month period. For purposes of this section, “staying in the rental unit” means presence on the Premises for a substantial amount of time, whether during the day or overnight, and shall include, but not be limited to, long-term or regular house guests, live-in baby-sitters, visiting relatives, etc.
Resident shall notify Owner in writing at the earlier of: any time the Resident expects any guest to be staying in excess of the time limits contained in this paragraph; or when such person in fact stays in excess of such time limits. Subsidized Residents shall be required to submit a report to the Owner identifying any person not identified on this Rental Agreement and staying in the rental unit for more than 10 consecutive days, or 20 nonconsecutive days in any 12-month period, and shall state whether such person is contributing to the income of Resident and to what extent.
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11. SUBLETTING: Transfer of any interest in this Rental Agreement or subletting the Premises, or any part, is not permitted.
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12. CARE OF PREMISES: Resident agrees to keep all areas of the Premises clean, sanitary and free from any accumulations of debris, filth, rubbish and garbage and to dispose of same in a proper manner. Resident shall take particular caution regarding the use of cigarettes, if allowed, and other fire hazards. Resident shall not store flammable or hazardous materials. Resident is responsible for all damages to furnishings or Premises caused by Residentʼs negligence, or beyond normal wear and tear. Damage from any type of smoke will never be considered normal wear and tear. Resident shall report leaky or defective faucets at once. Resident must pay for any and all expense due to damage to the building or furnishings, other than ordinary wear and tear, including but not limited to damage caused by stoppage of waste pipes or overflows of bathtubs, toilets or wash basins.
13. BARBECUES/FIRE PITS: Barbecues must be under 20 lbs. Fire pits, pellet cookers/stoves and smokers of any kind are prohibited.
14. USE OF PREMISES: Resident will use all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances on the Premises in a reasonable manner. Resident will immediately obtain, pay for and not allow to be disconnected or discontinued the utilities for which Resident is responsible.
"(d) not install or attach anything on the walls, ceilings or in the windows that will cause damage to the unit without the prior written consent of Owner/Agent; (e) not hang anything on or tamper with any fire safety system; (f) not engage in any conduct that violates any applicable laws; (g) not remove, obstruct or tamper with a sprinkler head used for fire suppression. Satellite dishes and/or antennas will be allowed only in strict compliance with Owner/Agentʼs satellite dish policy and applicable law."
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15. CHANGES TO PREMISES: Resident will not make changes or additions to the Premises. Resident will not install anything on the windows, ceiling, or walls without Owner's written consent. Satellite dishes and/or antennas are allowed only with compliance to Owner's Satellite dish policy, as outlined in Resident's Rental Agreement.
16. DAMAGE: Resident agrees not to destroy, damage, deface or remove any part of the Premises or permit any persons to do so and to assume all liability for damages other than ordinary wear and tear.
17. SECURITY DEPOSITS: All refundable deposits, however designated, may be used by Owner to offset any damage, unusual wear and tear or unpaid accounts (including rent) either during the tenancy or at the time of move-out. Owner may deduct the cost of carpet cleaning from the deposit regardless of whether Resident cleans the carpet before delivering possession of the dwelling unit back to Owner. If any portion of the deposit is used during the tenancy, Resident will replenish it upon demand. If applied at move-out, any excess will be refunded within the time and in the manner required by law. Any deficiency will be due from Resident at the time the accounting is sent to Resident. Sending the accounting and/or refunding any deposit does not waive the Owner's right to payment for charges discovered or finalized after the accounting was sent.
Any security deposit received from multiple Residents shall be refunded only when the last Resident vacates the unit and terminates the tenancy, unless otherwise stated by Owner in writing. Other than a security deposit final accounting which must be delivered as required by law, Resident authorizes Owner to send communications about past due amounts to any email, mobile phone or other electronic method listed on the front of this Rental Agreement. If the Owner is specified on page 1 of this Rental Agreement as the party who will hold refundable security deposits, all deposits received by the Agent will be deposited by Agent into a trust account as required by Oregon law. Agent will then forward the deposits to the Owner of the property, who will manage the deposits pursuant to Oregon law. If the Owner will hold refundable security deposits, Resident will look solely to the Owner, and not Agent, for any refund due.
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18. CHARGE RATES: The list below is not all inclusive of possible charges arising out of unusual wear and tear, negligence of the rental property conduct or liability of the residents.
Cleaning:
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Light Clean: $100 - $180
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Regular Clean: $181 to $279
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Heavy Clean: $280 to $380
Carpet Cleaning:
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Studio: $70 to $125
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1x1: $70 to $125
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2x1 / 2x2: $75 to $130
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3x1 / 3x2: $85 to $140
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4x1: $105 to $160
Paint:
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Touch up: $75 to $200
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Full Paint: $450 to $1600
Miscellaneous:
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Furniture Removal: $30 - 75 per piece
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Trash Removal per bag: $20 per bag
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Wallpaper Removal: $100 - $375
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Toilet Seat: $15 each
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Repair/Replacement Charges
If any item is missing or damaged to the point that they must be repaired or replaced, you will be charged for the cost of the item plus labor and service charges. The following list represents, but is not limited to, various replacement charges.
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Sink Stopper/Disposal Lids: $3 to $8
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Refrigerator shelves/racks: $25 to $100
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Drip pans: $15 to $40
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DW cups/basket/rack: $25 to $65
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Cabinetry: $150 to $300 per door/drawer
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Stove top element: $30 to $250
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Oven element: $45 to $120
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Disposal: $75 to $245
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Smoke detectors: $10 to $35 each
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Thermostats: $15 to $75 each
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Crisper Cover/drawer: $25 to $85
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Dishwasher: $70 to $500
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Stove: $70 to $700
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Counter tops/Resurface: $70 to $350
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Refrigerator: $70 to $800
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Washer: $70 to $1250
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Dryer: $70 to $1250
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PTAC: $90 to $1200
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Molding and Trim: $20 to $400
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Patch holes: $10 to $200 per hole
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Sheet rock removal, mud, sand: $250 to $450 per sheet
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Blinds/Verticals: $5 to $100
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Window Glass - cost per: $170 to $750
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Window Screens: $10 to $40
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Patio Door Glass - cost per: $650 to $900
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Patio Screen: $50 to $120
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Doors/Door jambs: $45 to $300
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Locks: $15 to $50
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Door knob: $5 to $15
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Remotes/Key cards/Keys: $15 to $50
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Medicine Cabinet: $45 to $150
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Mirrors - bath: $50 to $85
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Shower Rods/Towel bars: $5 to $15
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Tub and shower surround: $200 to $800
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Toilet: $100 to $300
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Shower head: $5 to $45
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Mirrors-other: $35 to $200
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Switches and outlets: $10 to $55
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Ceiling Fan: $50 to $175
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Electrical fixtures: $25 to $125
Blinds, carpet, vinyl, appliances replacements will be based on actual cost including labor and installation. ​
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Carpet Wear & Tear is taken into consideration using the following ratio
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49 - 60 months: 20% of cost
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37 - 48 months: 40% of cost
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25 - 36 months: 60% of cost
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13 - 24 months: 80% of cost
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12 months or less: 100% of cost
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Floor Sealant: 100% of cost
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Urine damage and abuse charged at 100% for up to 10 years of occupancy.
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Vinyl Wear & Tear is taken into consideration according to the following ratio
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73 - 84 months: 40% of cost
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61 - 72 months: 50% of cost
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49 - 60 months: 60% of cost
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37 - 48 months: 70% of cost
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25 - 36 months: 80% of cost
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13 - 24 months: 90% of cost
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12 months or less: 100% of cost
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Abuse charged at 100% for up to 10 years of occupancy
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Prices are subject to change. Additional labor cost will be charged at the rate of $15 to $55 per hour. Pest Control treatment, if necessary, is billed based on the number of treatments needed.
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19. NON-COMPLIANCE FEES: Owner may charge a fee for a second noncompliance or for a subsequent noncompliance with written rules or policies that describe the prohibited conduct and the fee for a second noncompliance, and for any third or subsequent noncompliance, that occurs within one year after a written warning notice. Except as provided below, the fee may not exceed $50 for the second noncompliance within one year after the warning notice for the same or a similar noncompliance or $50 plus five percent of the rent payment for the current rental period for a third or subsequent noncompliance within one year after the warning notice for the same or a similar noncompliance.
Owner may charge a fee for occurrences of noncompliance with written rules or policies for the following types of noncompliance:
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(1) The late payment of a utility or service charge that the tenant owes the landlord (date of payment must be specified in the utility bill and must not be less than 30 days after delivery of the bill)
(2) Failure to clean up pet waste from a part of the Premises other than the dwelling unit
(3) Failure to clean up the waste of a service animal or a companion animal from a part of the Premises other than the dwelling unit
(4) Failure to clean up garbage, rubbish and other waste from a part of the Premises other than the dwelling unit
(5) Parking violations
(6) The improper use of vehicles within the Premises
(7) Smoking in a clearly designated nonsmoking unit or area of the Premises
(8) Keeping on the Premises an unauthorized pet capable of causing damage to persons or property.
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The fee for a second or subsequent noncompliance with subsections 7 or 8 may not exceed $250 and cannot be assessed before 24 hours for subsection 7 and 48 hours for subsection 8 after the required warning to Resident.
20. JOINT RESPONSIBILITY: Each Resident is jointly and severally responsible for rent and all other financial obligations hereunder, as well as any damage caused to the dwelling unit or common area by Resident, any Resident or Occupant of the same unit or any guest. Costs of repairs for damage must be paid within 7 days after Owner sends a bill, unless other arrangements have been made, in writing, with Owner. Any valid termination notice received from any one Resident may be considered by Owner a termination notice from all Residents. Any Resident not giving the notice who desires to remain in the Premises may be required to submit updated financial information and re-qualify under Ownerʼs then-current criteria.
21. ACCESS: Resident agrees not to unreasonably withhold consent to Owner to enter the unit in order to inspect the Premises (including taking pictures to document the condition of the Premises), make necessary or agreed repairs, decorations, alterations, or improvements or to show the unit to prospective buyers or residents. Owner may enter the unit without consent in an emergency or at any reasonable time with 24 hoursʼ actual notice or after receipt of Residentʼs written request for maintenance. If Owner is obligated to maintain the yard, Owner, or its contractors, may enter the yard (but not the dwelling unit) without notice, at reasonable times and with reasonable frequency, to perform the maintenance work.
22. DUTY TO COOPERATE WITH REPAIRS/RENOVATIONS: Resident shall cooperate with all maintenance, repairs, and renovations performed by Owner, its vendors or contractors, which includes allowing Owner, vendors, or contractors access to the Premises (after notice as required by law) and following reasonable instructions such as moving furniture and personal items and temporarily ceasing the use of portions of the Premises which are impacted by the Work.
23. ABSENCE: Resident agrees to notify Owner of any absence in excess of seven (7) days no later than the first day of absence.
24. LEGAL ACTION: In the event that Owner has to bring an action to enforce any provisions of this Rental Agreement or the Oregon Residential Landlord and Tenant Act, Owner shall be entitled to, in addition to costs, reasonable attorneyʼs fees at trial and upon any appeal.
25. LOCKS: Doors of Residentʼs unit should be kept locked. Resident shall notify Owner in writing if locks fail to operate. Owner will not be liable or responsible in any way for loss or damage to articles or property belonging to Resident. Resident shall not change the locks without Ownerʼs prior consent. Resident shall immediately provide Owner with a key to any new locks installed. Owner is not required to provide lockout services.
26. RENTERʼS INSURANCE: Renter's insurance is required for all Residents with a minimum coverage of $100,000. If there are multiple Residents, all must be named insureds on the policy, or at the Residentsʼ option, they may each obtain a policy with limits in the minimum amount of $100,000. Oregon law provides that no insurance may be required if the household income of all of the Residents in the Unit is equal to or less than 50 percent of the area median income, adjusted for family size as measured up to a five-person family, or if the dwelling unit has been subsidized with public funds, not including housing choice vouchers. Resident will supply Owner with evidence of renterʼs insurance prior to occupying the unit. Resident must
name Owner as an interested party on Residentʼs renterʼs liability insurance policy authorizing
the insurer to notify Owner of cancellation or non-renewal of the policy, reduction of policy coverage, or removal of Owner as an interested party. Except to the extent required by law, Owner is not responsible for, and its insurance does not cover damage or destruction to, Residentʼs property.
27. CONDUCT: Resident unit is to be used only as a dwelling. Each Resident is responsible for the conduct of all Residents in the unit, as well as the conduct of any guest. Noisy or other conduct that disturbs the quiet enjoyment of any other resident or drunk or disorderly conduct will not be permitted at any time. Between 10:00 p.m. and 7:00 a.m. the level and/or type of noise emitted from the unit may not exceed what is normal and customary for similar housing. Residents will not be permitted to play in halls, stairways or entrance of buildings, gardens or landscape areas except where permitted by management. The use, possession, manufacture, or distribution of illegal substances, as defined in either federal or state law, either on or in the vicinity of the Premises is strictly prohibited. Resident may not allow any person to be on the Premises who has been excluded from the common areas by Owner or stay in Residentʼs unit, as defined in section 10, who has had their Rental Agreement terminated by Owner.
28. INTERFERENCE WITH MANAGEMENT: Resident, Occupants of Resident, and/or Resident's Guests shall not interfere with management of the Premises. This includes, but is not limited to, verbal, written, and physical harassment.
29. UTILITY BILL-BACK: The party designated as the “customer of record” that is required to provide any utility herein shall also timely pay the provider of that utility except that Resident may be required to pay/reimburse Owner for said charges provided by Owner pursuant to the terms of any Utility Bill-Back Addendum. Owner may require Resident to reimburse Owner for said charges for a utility or service provided directly, or for a public service provided indirectly, to the Residentʼs dwelling unit or to a common area available to the Resident as part of the tenancy. The manner in which the charge is allocated among the Residents is subject to Ownerʼs sole discretion and is subject to change without notice provided that the annual amount charged to all
Residents may not exceed the annual amount Owner pays for said utilities/services.
30. MALFUNCTIONS: Resident will immediately report in writing all malfunctions of equipment, failures of essential services, or needs for repair. Resident shall not tamper with the heating system, plumbing system, appliances, locks, doors, light fixtures, smoke alarms or carbon monoxide alarms. Tampering with or removing a functioning smoke detector will result in a $250 fine.
31. RESIDENT LOSSES: Owner is not liable for damages of any kind caused by the lack of heat, refrigeration or other services to the Premises arising out of any accident, act of God, or occurrence beyond the control of Owner. Resident is limited to the rights and remedies specified in the Oregon Residential Landlord and Tenant Act.
32. CO-SIGNER: If the obligations under this Rental Agreement are guaranteed by a co-signer, Resident agrees that Owner would not have rented without the guaranty. In the event the guaranty is terminated or becomes unenforceable for any reason, this will be considered a material non-compliance with this Rental Agreement."
33. NOTICES: All notices required under this Rental Agreement or state law to be in writing shall be served personally, by first class mail or by first class mail and attachment. If served by first class mail and attachment, a notice from Owner/Agent to Resident shall be deemed served on the day and at the time it is both mailed by first class mail to Resident at the Premises and attached in a secure manner to the main entrance of that portion of the Premises of which Resident has possession. If served by first class mail and attachment, a notice from Resident to Owner shall be deemed served on the day one copy is mailed by first class mail to Owner at the mailing address set forth on page one of this Rental Agreement and a second copy attached in a secure manner to the “Ownerʼs Designated Location for Attached Notices” identified on page one of the Rental Agreement. If the Owner's Designated Location for Attached Notices is located inside a secured building, the notice should be attached to the main entrance of such building. Agent is authorized to accept notices on behalf of Owner.
34. PARKING: One assigned parking spot per unit. Additional vehicles may park in overflow parking in an unassigned spot as space allows. Carports and garages may be rented as they become available. If Resident is renting carport and/or garage spaces, and the number of additionally rented spaces outnumber the amount of vehicles all Residents in unit own, Owner may choose to reassign the initially assigned parking space to allow for more vehicles on the Premises. Resident agrees to comply with all posted parking restrictions. Resident will drive in a safe manner and comply with all posted speed limit signs at all times, and if no posted speed limit, the speed limit is 5 miles per hour.
35. CONTROL OF COMMON AREAS: Owner and any person designated by Owner retain
control over any common areas of the Premises for the purposes of enforcing state trespass laws and shall be the “person in charge” for that purpose as that phrase is defined at ORS 164.205(5).
36. REQUESTS FOR REASONABLE ACCOMMODATION/MODIFICATION: Residents with disabilities may request reasonable accommodations/modifications related to their housing as required under federal, state, and local fair housing laws. All requests must be made to the Owner specifying the nature of the requested accommodation/modification. It is recommended, but not required, that such requests be made in writing.
37. TERMINATION FOR FALSE INFORMATION OR CRIMINAL CONVICTION: If any information supplied in conjunction with application for this rental unit is later found to be false, or if any occupant is convicted of a crime during the tenancy that would constitute grounds for denial of tenancy under Owner's current rental criteria, this is grounds for termination of tenancy.
38. SIGHT UNSEEN: If Resident has executed this Agreement without first visiting the unit, Residentʼs dissatisfaction with the unit at the time possession is delivered is not grounds to terminate this Agreement.
39. COMPLETE AGREEMENT: This Rental Agreement, any rules and regulations for the Premises, and, except as provided below, any other written addenda executed by the parties on or after the date of this Rental Agreement contain the entire understanding of the parties. There are no prior oral or written agreements unless they are referenced herein.
