I am sitting down tonight with the landlord to review the terms of the lease. While we agreed to go over his version of the lease, there were provisions that would be difficult to carve up and cut out. So, to simplify things, I wrote up the following lease addendum myself which covers all of the terms we want the landlord to agree to and supersedes conflicting provisions in the lease. That way, we can just sit down, agree to the Addendum (below), and sign his lease and move on.
(By the way, everything in here with the exception of the Washer/Dryer which we left out are things the landlord already agreed to, but I want it in writing. I think this is fair and is a good way to go about things, how about you?
ADDITIONAL TERMS TO LEASE
The following paragraphs, if agreed to by the landlord, will become part of the lease and will rule over any terms in conflict with these paragraphs.
LENGTH OF LEASE:
The lease will be a one-year lease with the Tenant’s option to renew lease for 3 years under the terms of this lease. The lease will not automatically renew and will become a month-to-month lease unless the Tenant gives notice to the Landlord each year that they intend to renew lease for another year.
If Tenant accidentally does not renew the lease and the time for renewal passes, if both Tenant and Landlord still want to renew the lease, they may do so at will.
PURPOSE OF SECURITY DEPOSIT:
Both Landlord and Tenant understand that the purpose of a Security Deposit is:
1) To compensate Landlord in case Tenant damages property belonging to Landlord from misuse (Security Deposit may not withheld because of damages from normal wear and tear and daily use of the property), and
2) To compensate Landlord for rent losses sustained if Tenant terminates contract and moves out of apartment without Landlord’s permission. Landlord has a duty to mitigate damages (a responsibility to make a reasonable attempt (through FOR RENT signs, classified ads, word of mouth, etc.)) to re-rent the apartment. Damages for early termination are limited to the Security Deposit.
SECURITY DEPOSIT VERSUS “LAST MONTH’S RENT”
“Last Month’s Rent” is separate and unrelated to the security deposit. It is ONLY to be used for paying the Tenant’s last month’s rent prior to moving out and must be returned if not used.
Tenant requests landlord’s permission to pay last month’s rent upon renewal of lease for second year.
APPLICATION OF SECURITY DEPOSIT TO LAST MONTH’S RENT.
If within 30 days of Lease’s termination (or within 60 days if Last Month’s Rent has been deposited with Landlord), if Landlord trusts that no damage has been done to the apartment, Tenant may request that the Security Deposit be applied in lieu of the last month’s rent. At that point, Landlord has the right to inspect premises to make sure no damage has been done that would require use of the Security Deposit funds.
PROCESS OF WITHHOLDING SECURITY DEPOSIT
Should any damage occur that warrants withholding money from Security Deposit, Landlord will give written notice to Tenant containing the description of the damage, the Landlord’s cost to repair, and the approximate date of occurrence of damage. Tenant will have the right to dispute Landlord’s claim. At the end of the lease term before the Tenant moves out, damages will be added up to determine how much of the Security Deposit will be returned to Tenant.
UTILITIES AT END OF TERM
Tenant agrees to pay for: Electricity, Gas, and ½ of the Water costs for the apartment Tenant is occupying for the full length of time Tenant is occupying apartment.
Tenant agrees to place Electricity and Gas in Tenant’s name, and Tenant shall solely be responsible for costs of electricity and gas for said apartment while Tenant is in possession of the apartment.
Tenant agrees to cancel Electricity and Gas within one month of leaving the apartment, and agrees to pay Electricity and Gas bills in full prior to leaving apartment.
If the water bill is not available when the Tenant moves out, Tenant agrees to place a deposit to cover Tenant’s estimated half of the water bill, which shall be calculated based on the prior three (3) water bills.
INTERMINGLING OF FUNDS
Security Deposit and Last Month’s Rent must be separated from all of Landlord’s personal funds. It is understood that both the Security Deposit and the Last Month’s Rent remains property of the Tenant and not the Landlord, and Landlord may not use either for his own personal reasons.
Landlord may use Last Month’s Rent for personal reasons once rent for the last month becomes due.
Landlord grants Tenant the use of one parking space behind the house.
ACCESS TO BASEMENT LAUNDRY ROOM
Landlord grants Tenant access to the laundry room through the stairway connected to Tenant’s apartment.
LANDLORD ACCESS TO APARTMENT
Landlord will give tenant 24 hours before entering apartment to give tenant time to respond to request. Landlord entry under this lease is for repair purposes only.
Landlord may enter apartment WITHOUT 24 HOUR NOTICE for emergency purposes only, or with consent of Tenant.
If Tenant is unable to secure working keys for the apartment, Landlord will promptly provide copies of the keys or will replace the lock.
Tenant has the option whether or not to purchase insurance for the home, and to control how and if insurance proceeds are to be used. If Landlord wishes to obtain insurance, he may. Failure to obtain insurance will not breach this lease.
If Tenant damages property owned by Landlord by misuse or intentional destruction, Tenant will be responsible for the costs to repair damaged property, and Landlord may sue tenant for damages and/or make a claim to withhold said amount from the Security Deposit. Damages to the property and/or broken items due to the normal wear and tear, daily use, and or non-misuse of the Tenant will be promptly repaired and paid for by the Landlord.
Tenant may have guests (and even overnight guests) so long as the guests are not living in the apartment as their home. Tenant may not split the rent with anyone other than those occupying the apartment per the terms of this lease, and may not sublet or have others move in without the Landlord’s written permission.
NOTICE WHEN AWAY FROM APARTMENT
Tenant will NOT give Landlord notice when Tenant is away from the apartment for any amount of time.
ATTORNEYS FEES AND NOTICES
At no point does Tenant waive any rights of notice regarding any legal process between the Landlord and the Tenant. Further, Tenant does not agree to pay any legal fees or attorneys fees should a dispute arise.
This is the simplest way I could write this, and the best I could do. Comments?