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UTAH MONTH-TO-MONTH RENTAL AGREEMENT

DEPOSIT RECEIPT

RECEIVED from TENANT(S) named below, the sum of $

DOLLARS

in the form of (cash, cashier’s check, other):

, as a deposit which, upon acceptance of this

lease by the LANDLORD, will be applied as follows:

Total

Received Payable Prior

To Occupancy

Rent for the period from to ................... $ $ $

Security Deposit ............................................................................. $ $ $

Other .............................................................................................. $

$ $

TOTAL

............................................................................................ $

$ $

The total deposit received shall be refunded if this lease is not accepted by the LANDLORD within days.

4. RENT:

TENANT shall pay LANDLORD or his designated agent

the sum of $

per month

in advance, on or before the

first day

of each calendar month. The TENANT shall pay the rent and deliver

notices to the LANDLORD at the following address:

. The LANDLORD or his designated agent must be in actual

receipt of the rent in order to comply with this agreement.

5. SECURITY DEPOSIT:

Prior to occupancy, TENANT shall deposit the sum of $ with

LANDLORD, as a security deposit to secure TENANT’S faithful performance of the terms of this agreement.

Of this deposit, $

shall be refundable, and $ shall be non-refundable.

TENANT shall NOT have the right to apply the security deposit for payment of last month’s rent. Within 30

days after all TENANTS have vacated, or within 15 days after receipt of the TENANT’S new mailing

address (extended to 30 days if there is damage to the rented premises), whichever is later, the

LANDLORD shall either return the refundable deposit or provide a written notice explaining why the deposit

is being retained pursuant to U

TAH

ODE

. § 57-17-1 through -3. LANDLORD may use the security

deposit for cleaning the premises, for any unusual wear and tear to the premises or common areas, and for

any rent or other sums owed pursuant to this lease agreement.

6. OTHER FEES:

(specify, i.e. utility hook-up fee, pet, etc. and whether or not refundable)

7. INITIAL PAYMENT:

The initial payment of rent, deposits and fees, as per the Deposit Receipt above,

shall be made in the form of cash or certified funds, and is all due prior to occupancy.

8. UTILITIES:

TENANT shall pay for all utilities and/or services supplied to the premises with the following

exceptions: .

1. PARTIES:

LANDLORD

TENANT(S)

2. PROPERTY ADDRESS

3. TERM: This agreement shall commence on the date of _____________________, 20____ and continue

on a month-to-month arrangement until either the LANDLORD or the TENANT gives notic

e to terminate with

at least ____ days' notice.

Page 2

9. LATE FEES & BAD CHECKS: In the event that rent is not paid within four (4) days after the due date,

TENANT shall pay a late fee of 8% of the monthly rent amount pursuant to paragraph 4. If LANDLORD

issues a Notice for non-payment of rent, TENANT must thereafter tender all payments via cash or certified

funds only.

In the event of a dishonored rent check, TENANT must thereafter tender only cash or certified

funds for all future payments. In addition, TENANT shall pay a fee of $20.00 for each dishonored check.

10. ACCOUNTING METHOD: All payments received by LANDLORD will be applied first toward any late

fees and/or other additional charges, then toward rent.

11. USE & OCCUPANTS: The premises are rented for residential use only, and shall be occupied by the

undersigned adults and children. If LANDLORD, with written consent, authorizes additional

persons to occupy the premises, the rent shall be increased by $100 per month for each additional person.

Occupancy by TENANT’S guests staying over 7 days without LANDLORD’S written consent, shall be in

violation of this agreement and the rent shall be immediately increased by $100 per month for each

additional person.

12. INVENTORY: The following furnishings, fixtures and inventory are part of this lease agreement:

13. PARKING: TENANT is ☐ is not ☐ (check one) assigned a parking space. If assigned a parking

space it shall be designated as space # _______________. TENANT shall not assign, sublet or otherwise

allow any other person to use this parking space. Only passenger vehicles which are currently operational,

currently registered in the TENANT’S name in the State of Utah, and not leaking any substance, may be

parked on the premises. No other vehicle or item may be stored in this parking space without the prior

written consent

of the LANDLORD. TENANT may not wash, make repairs or paint in this space or any

other place on the premises.

14. SUBLETTING OR ASSIGNING: TENANT shall not assign or sublet the premises, or any part thereof,

without the prior written consent of the LANDLORD.

15. CONDITION OF PREMISES: TENANT acknowledges that the premises have been inspected,

including floor and window coverings, appliances, paint, fixtures and appurtenances, and TENANT has

found them to be clean and in complete working order, except as otherwise noted here:

TENANT promises to maintain the premises in a clean, safe and

sanitary manner, and to return the premises in a condition identical to that which existed when TENANT

took occupancy, excepting normal wear and tear. TENANT shall immediately reimburse LANDLORD for

any sums necessary to repair or replace any item, fixture or appurtenance in or around the premises that

needs service due to the misuse or negligence of TENANT or TENANT’S guests or other occupants.

TENANT shall be responsible for the cleaning or repair to any plumbing fixture where a stoppage occurs

during TENANT’S occupancy. TENANT shall be responsible for repair or replacement of the garbage

disposal where the cause is a result of bones, grease, pits, or any other item which normally causes

blockage of the mechanism. TENANT shall be responsible for any damage done by rain, wind, hail or other

peril, if such damage is caused by leaving windows open, allowing overflow of water and/or sewer pipes, for

broken windows or doors, torn screens, or any other damage caused while TENANT has possession of the

premises. LANDLORD shall deliver possession of the premises with all light bulbs working and of correct

wattage, thereafter replacement of light bulbs will be the responsibility and expense of TENANT.

16.

ALTERATIONS:

TENANT shall make no alterations additions or improvements to the premises,

including but not limited to installing antennas, satellite dishes, lighting fixtures, dishwashers, washing

machines, dryers or other items without the prior written authorization of LANDLORD. TENANT shall not

change or install locks, paint or wallpaper in the premises without the LANDLORD’S prior written consent.

TENANT shall not display any signs, posters or advertisements in a window or other place on the premises.

TENANT shall not store any item or object on the property outside of the unit or on a balcony. TENANT

Page 3

shall not use a balcony as a clothes line. TENANT shall not remove LANDLORD’S fixtures or furnishings

from the premises for any purpose. TENANT shall indemnify LANDLORD from any liens arising out of any

work performed, materials supplied or obligations incurred by TENANT.

17. NOISE & NUISANCE:

TENANT and TENANT’S family, guests and invitees shall not disturb, harass,

annoy, imperil or otherwise interfere with the peaceful enjoyment of other tenants in the building, the

neighbors, the LANDLORD, his agents or workmen. Nor shall TENANT or TENANT’S family, guests and

invitees violate any law, ordinance, or health code, or commit or permit waste or nuisance in or about the

premises.

18.

HOUSE RULES:

TENANT and TENANT’S family, guests and invitees shall abide by all written house,

pool, laundry and other rules which are hereby incorporated by reference and form a part of this agreement.

19. PETS:

No dog, cat, bird, rodent, reptile or other pet or animal of any kind may be brought on the

premises by TENANT or TENANT’S family, guests and invitees, EVEN TEMPORARILY, without the prior

written consent of the LANDLORD. LANDLORD may charge and collect $10.00 per day per violation in

addition to actual damages caused by the animal, and TENANT will be subject to forfeiture of this lease.

20. LANDLORD’S RIGHT OF ENTRY & INSPECTION:

The LANDLORD and/or his agents may enter the

premises during normal business hours and upon reasonable advance notice of at least 24 hours to

TENANT, for the purpose of inspection or repair of the premises, or to show the premises to prospective

tenants, purchasers, lenders, appraisers, insurance agents, or other product or service providers. In case

of an emergency, no notice need be given. TENANT shall not unreasonably deny access to, or withhold

consent to enter the premises.

21.

REPAIRS BY LANDLORD:

Except in an emergency situation, TENANT shall notify the LANDLORD in

writing of all requests for service and repairs. The LANDLORD shall act with reasonable diligence in

making repairs that are the responsibility of LANDLORD. Rent shall not abate, and TENANT may not

withhold rent during such period necessary to effect LANDLORD’S repairs. Pursuant to U

TAH

ODE

57-22-6, LANDLORD may refuse to correct or remedy any condition caused by the TENANT or the

TENANT’S family, guests or invitees by inappropriate use or misuse of the property during the rental term

or any extension of it. In addition, LANDLORD may refuse to correct the condition of the premises and

terminate this lease if the premises are unfit for occupancy, and shall notify TENANT of this decision in

writing within a reasonable time after receipt of TENANT’s notice of noncompliance, in which case the rent

shall be prorated and the balance refunded along with any deposit due after lawful deductions.

22.

SECURITY NOT PROMISED:

Notwithstanding whatever measures LANDLORD may take to maintain

or improve the security of the premises, the parties hereby expressly acknowledge that the premises are

not to be considered a security building which would subject LANDLORD to a higher degree of care.

23. TENANT’S INSURANCE:

TENANT is admonished to secure a personal property insurance policy to

cover any losses sustained to TENANT’S personal belongings or vehicle. It is hereby acknowledged that

LANDLORD does not maintain insurance to cover losses to TENANT’S personal property which may be

caused by theft, vandalism, fire, rain, water overflow/leakage, acts of God, or any other causes. It is hereby

acknowledged that LANDLORD bears no liability for such occurrences. TENANT’S omission to maintain

such a policy shall constitute a complete waiver of any right that may exist in TENANT to seek damages

against LANDLORD for losses to TENANT’S personal property.

the premis

es, or

☐

TENANT may possess a waterbed if TENANT maintains waterbed insurance with

coverage of $100,000.00 or more. TENANT must furnish LANDLORD with proof of said insurance PRIOR to

installing any liquid-filled furniture in the premises.

25. TERMINATION OF LEASE:

If this lease is based on a fixed term, pursuant to paragraph 3 above, this

agreement will automatically continue on a month-to-month basis unless written notice of termination is

given by either party at least 30 days before the end of the initial fixed term. If this lease is based on or

becomes a month-to-month tenancy, (a) TENANT shall provide written notice of termination at least 30

24. WATERBEDS & LIQUID-FILLED FURNITURE: (check one) ☐ No liquid-filled furniture may be kept on

Page 4

days before the end of the month or rental period, and (b) LANDLORD shall provide statutory notice of 15

days or more prior to the end of the rental period pursuant to U

TAH

ODE

78-36-3

(1953).

26. ABANDONMENT:

Pursuant to U

TAH

ODE

78B-6-815

(2008), abandonment shall be presumed

in either of the following two situations: (1) The TENANT fails to pay rent within 15 days after the due date,

TENANT fails to notify the LANDLORD that TENANT will be absent from the premises, and there is no

reasonable evidence that TENANT is occupying the premises other than the presence of TENANT’S

personal property. OR: (2) The rent has been due and unpaid for 1 day or more, TENANT fails to notify the

LANDLORD that TENANT will be absent from the premises, TENANT’s personal property has been

removed from the premises, and there is no reasonable evidence that TENANT is occupying the premises.

In the event of an abandonment as above described, LANDLORD will retake the premises and endeavor to

re-rent them at a fair market value for TENANT’S benefit. TENANT will remain liable for all rents and other

sums due under this lease through the remainder of the lease term, or, until the premises are re-rented

including all costs incurred to advertise, restore and re-rent the premises. LANDLORD will remove and

store for 30 days any personal property left by TENANT, after which time it will be sold or donated to charity

unless TENANT pays the actual moving and storage costs within such 30 day period, as per the procedure

enumerated in U

TAH

ODE

78B-6-816

(2008).

27. WAIVER:

If LANDLORD fails to exercise any right under this agreement, or fails to demand strict

compliance with its terms, or accepts partial compliance, such failure or acceptance of partial compliance

shall not be deemed a waiver of any such rights or terms or right to full compliance. LANDLORD’S

acceptance of rent with the knowledge that TENANT is in default as to any other terms of the lease shall not

be deemed a waiver of any such default.

28. POSSESSION:

In the event that LANDLORD is unable to deliver possession on the agreed date,

either party may terminate this agreement upon written notice to the other party at their last known address.

It is agreed that neither party shall have liability to the other, except LANDLORD shall immediately refund to

TENANT all sums previously paid.

29. ATTORNEY FEES:

In the event that legal action is undertaken by any party to enforce the terms of

this lease or to recover possession of the premises, the prevailing party shall be entitled to recover from the

other party all costs incurred in connection with such action, including reasonable attorney fees and

collection costs, with or without suit.

30. NOTICES:

All notices required or given pursuant to this lease shall be in writing and served in

accordance with state law. Where notice requirements are not spelled out by law, notices shall be sent via

first class mail to the TENANT at the address of these premises, to LANDLORD at the address for payment

of rent, or by hand delivery to any party.

31. SEVERABILITY:

Should any provision of this lease be held to be invalid or unenforceable, the

remainder of the lease shall not be affected thereby.

32. RENT INCREASE:

LANDLORD reserves the right to increase the rent on the subject premises during

the initial term of this lease by a maximum of 10% upon 30 days written notice, if required as a result of an

increase in utilities, insurance, taxes, or other operating expenses.

33.

ADDITIONAL RENT:

All sums owed under this Agreement shall be deemed additional rent.

34.

TIME:

Time is of the essence in this agreement.

absolutely forbidden in or around these premises, or, ☐

Smoking is allowed in other units, and tobacco

smoke from those units may drift into the unit that is the subject of this Agreement.

TENANT’S ACKNOWLEDGMENT: By signing below, TENANT acknowledges having been informed that

tobacco smoke may drift into the unit that is the subject of this Agreement. TENANT hereby waives any

right t

o a cause of action for nuisance under UTAH CODE ANN. § 78B-6-1106 (2008).

35. LANDLORD’S DISCLOSURE REGARDING TOBACCO SMOKE: (check one) ☐ Smoking is

Page 5

36. LEAD WARNING STATEMENT:

Housing built before 1978 may

contain lead-based paint. Lead from

paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially

harmful to young children and pregnant women. Before renting pre-1978 housing, LANDLORDS must

disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.

TENANTS must also receive a federally approved pamphlet on lead poisoning prevention.

LANDLORD’S DISCLOSURE:

(initial where applicable if the premises were built before 1978)

LANDLORD has no knowledge of lead-based paint or lead-based paint hazards in the premises.

LANDLORD has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the

premises.

LANDLORD has knowledge of lead-based paint and/or lead-based paint hazards present in the

premises, and hereby attaches all available records and reports pertaining to same.

TENANT’S ACKNOWLEDGMENT:

(initial where applicable if the premises were built before 1978)

TENANT has received the pamphlet Protect Your Family From Lead In Your Home.

TENANT has received copies of all records and reports attached hereto.

TENANT agrees to promptly inform LANDLORD in writing of any deteriorated and/or peeling paint in the

premises.

37. ADDITIONAL TERMS & CONDITIONS:

38. JOINT RESPONSIBILITY: TENANT and each co-signer and/or guarantor

expressly understands

and agrees that each will be both jointly and individually responsible for the faithful fulfillment of the terms of

this lease agreement. By signing this lease, each co-signer and/or guarantor has a right of possession as a

TENANT of the premises, and shall be named parties in any action necessary to enforce this lease.

39. ENTIRE AGREEMENT:

The above stated agreement, including any attachments incorporated by

reference, constitute the complete and final agreement of LANDLORD and TENANT and supercedes any

prior oral or written representations or understandings. Moreover, TENANT has been admonished to seek

legal advice prior to entering into this agreement and TENANT has waived such counsel. TENANT

acknowledges having relied solely on TENANT’S own judgment in entering into this agreement.

LANDLORD/AGENT

TENANT

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