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
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ODE
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. § 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
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.
§
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
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ODE
A
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.
§
78-36-3
(1953).
26. ABANDONMENT:
Pursuant to U
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A
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.
§
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
C
ODE
A
NN
.
§
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
TENANT
TENANT
TENANT
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