3234 SE Alder Ct

Lease terms

1. RENT: A. Monthly rent in the amount of $3,500 is due and payable on or before the 1st of each month, and will be considered late after the 5th of each month, at which time a LATE PAYMENT FEE of One hundred ($100.00) will also be due. After the 10th day of unpaid rent, an additional Ten dollar ($10.00) fee will be charged for each day until the rent is paid in full. B. Rent payment may be made in the form of a first party personal check, money order, cashiers check, or cash only. A $25.00 fee will be charged in addition to the full rent for any check that is returned by the Tenants' bank for insufficient funds. 2. SECURITY DEPOSIT: The Landlords acknowledge receipt of $3,500 as a security deposit for the performance of the Tenants' obligations hereunder. This deposit does not limit the Landlords' rights or the Tenants' obligations. The sum is deposited in the Landlords' trust account with Wells Fargo in Portland, OR, and any interest earned on said deposit is the property of the Landlords, as allowed by state law. The Tenants understand and acknowledge that the Landlords may retain all or a portion of the Deposit upon termination of the tenancy, and that a refund of any portion of the Deposit shall be conditioned as follows: A. Tenants shall comply with all conditions of this Agreement. B. Tenants shall clean and restore the house to its condition at the commencement of this residency as evidenced by the MOVE IN/MOVE OUT REPORT completed at Move In unless wear and tear is from normal usage. Tenants agree that soilage is not wear and tear from normal usage and agrees to professionally shampoo carpets as part of their cleaning and restoring the house to its condition at the commencement of this residency, unless specifically advised by the Landlords otherwise in the Pre-Termination Inspection. C. Tenants shall replace or repair any missing or damaged personal property provided by the Landlords, including keys. D. Within ten (10) days after the termination of the tenancy and vacating of the premises, the Landlords shall mail to the Tenants' last known address a full and specific statement of the basis for retention of any or all of the Deposit together with the payment of any refund due to the Tenants. The Landlords shall have the right to proceed against the Tenants to recover costs for cleaning, painting, or repairs to the property and replacement of lost or missing items for which the Tenants are responsible, and which exceed the amount of the Security Deposit, as well as reasonable costs, expenses and attorney's fees. 3. UTILITIES: The Tenants shall pay for electric, water, and natural gas and agree to maintain a current account as applicable with the relevant utility companies. 4. SUPPLIED PROPERTY: The Landlords have provided for the Tenants' use the following items: A. Refrigerator B. Gas Stove C. Dishwashing machine D. Washing machine and dryer E. Lawn mower and leaf blower F. Dehumidifier in the basement G. Fire Extinguisher H. Curtains covering the windows in the living room and dining room I. Curtains in the two downstairs bedrooms, basement bedroom, and shades in the upstairs bonus room J. Curtains in the Kitchen The condition of each item is outlined on the MOVE IN/MOVE OUT REPORT. 5. USE OF PREMISES: The house shall be occupied only by the tenants on the lease agreement, and no part of the premises shall be used at any time for the purpose of carrying on any business, profession or trade of any kind, or for any other purpose other than a single family dwelling. The Tenants shall not allow any other person other than the Tenants' immediate family or transient relatives and friends who are guests, to use or occupy the premises without first obtaining the Landlord's written consent. Further, any guest staying longer than 14 calendar days requires the Landlords' written consent. Items on the front porch are limited to furniture appropriate to the neighborhood. 6. ASSIGNMENT AND SUBLETTING: The Tenants shall not assign, sublet, or grant any license to use any part of the premises without the Landlords' written consent. An assignment, sublet or license without such consent shall be absolutely null and void, and at the Landlords' option, shall terminate this agreement. 7. CONDITION OF PREMISES: The Tenants stipulate that they will examine the premises and acknowledge the MOVE IN condition on the MOVE IN REPORT, and that they are at this time in a safe, clean, and livable condition. 8. LIABILITY: The Tenants agree that the Landlords shall not be liable for loss due to theft, or for any damages to person or property sustained by the tenants or their guests due to the apartment becoming out of repair, or due to any accident from whatsoever cause, except as provided and limited by state law. THE LANDLORDS STRONGLY RECOMMEND THAT THE TENANTS OBTAIN THEIR OWN RENTER'S INSURANCE POLICY. 9. ALTERATIONS: The Tenants shall make no alterations or improvements to the property and premises without the Landlord's prior written consent. This includes, but is not limited to painting. 10. MAINTENANCE: The Tenants shall maintain the premises including the appliances, floor coverings, wood floors and grounds in good order and in a clean and sanitary condition. The Tenants agree to immediately notify the Landlord of any potential defect or problem with any system or appliance in the house. In case of emergency, where immediate repair is required to prevent damage to the property, or to return a major system to service (such as refrigerator or heat, etc) and the Landlords are unavailable, the Tenants may employ a suitable contractor of their choice to make necessary repair at the Landlords' expense. Tenants further agree to keep trash and recycling containers neatly placed inside the designated containers in the backyard. Tenants shall water the lawns, plants and shrubs as needed to maintain a green appearance. Tenants shall weed the garden beds to maintain a reasonably neat appearance. In the fall, tenant shall be responsible for raking or blowing leaves into the street during designated leaf collection days. During the winter, if snow comes, the tenants shall be responsible for shoveling snow on the sidewalk and porch. 11. SMOKING: Smoking inside the house or anywhere on the property by the Tenants or their guests is prohibited. Smoking anywhere on the property may result in the termination of this lease agreement and retention of all or a portion of the Security Deposit solely at the discretion of the Landlords. 12. PETS: No pets are permitted on the premises at any time under any circumstances without permission. Violation of this rule will result in the termination of the Tenants' residency and will result in the retention of some or all of the Tenants' Security Deposit. 13. LANDLORD'S ACCESS: The Landlords or their representatives shall have access to the premises at all reasonable times for the purposes of inspection, maintenance and repair, to show said premises to prospective purchasers or renters, or any other legitimate interest. Landlords shall, whenever practicable, give Tenants 24 hour prior notice of their intention to enter the premises, however, the Tenants agree that in case of an emergency or abandonment, the Landlords may enter the premises without consent or notice. Additionally, the Tenants agree that they shall allow the Landlords to show the house to prospective residents at reasonable times for a period of twenty (20) days prior to expiration of their tenancy. The Landlords shall give the Tenants 24 hours notice of the showing. 14. NOISE: The Tenant agrees to keep the level of sound from all sources (i.e., radios, TVs, stereos, voices, vehicles, etc) at a level that does not annoy or cause complaint from their neighbors. 15. HAZARDOUS MATERIALS: The Tenants shall not keep on the premises any item of a dangerous, flammable, or explosive character. Nothing should be poured down any drain except soap and water no grease, chemicals or solvents of any kind. 16. ILLEGAL ACTIVITIES: The Tenants agree that they shall not permit any illegal activity of any kind on the premises. 17. VEHICLES/ PARKING: The Tenants agree that they may keep a maximum of three (3) vehicles, in proper functioning mechanical order, on the premises. No vehicle overhaul or maintenance shall occur on the premises, including oil changes. Any vehicle improperly parked, placed, abandoned or disabled on or in the vicinity of the premises shall be towed at the Tenants' expense. 18. SMOKE DETECTOR: The Tenants acknowledge that they have inspected the smoke detectors in the house and that they are operable and in good condition at the start of tenancy. Oregon State Law provides that it is the Tenants' responsibility to maintain the smoke detector, including batteries, and that the Tenants test the smoke detector at least once a month. 19. NOTICE TO VACATE: The Tenant and Landlord agree that either party must give the other a minimum of thirty (30) days advance written notice of the intent to vacate the property. 20. REMOVAL OF PROPERTY: If the apartment is vacated or abandoned by the Tenants, the Landlord may enter the premises and remove all personal property and place it in storage at the Tenant's expense. After the required written notice to the Tenants, the Landlord may proceed to dispose of such property as provided by Oregon Law. 21. NON-WAIVER OF BREACH AND SEVERABILITY: Failure of the Landlords to insist on strict performance of any of the covenants and agreements of this lease, or to exercise any option herein, shall not be construed to be a waiver of any other covenant or agreement, but that the same shall be and remain in full force and effect. In the event of invalidity of any part of this agreement, the rest of the agreement shall be deemed separate and severable, and the remainder of the agreement shall remain in full force and effect. 22. ATTORNEY'S FEES & COURT COSTS: In the event litigation is commenced to enforce or interpret any provision of this rental agreement, or to collect any amount due as a result of this agreement, the prevailing party in such litigation shall be entitled to receive, in addition to all other sums and relief, its reasonable attorney fees, incurred both at and in preparation for trial and any appeal or review, such amount to be set by the court(s) before which the matter is heard.