THIS HOUSE RENTAL AGREEMENT (hereinafter "Agreement") is entered into, this September 22, 2007 by and between:
The Lessor:
Joe Strub of 955 Ascot Dr
Eugene, Oregon
97401
(Hereinafter "Landlord")
and the Lessee:
Adam Robe of
3834 Robbie St
Eugene, Oregon
97404
(Hereinafter "Tenant")
In regards to the Property:
1836 Milo Way
Eugene, Oregon
97404
(Hereinafter "House")
The Landlord and Tenant do hereby agree to abide by the terms set out in this Agreement. The terms of this Agreement are as follows:
THE HOUSE
In consideration of the rent payment to be paid by Tenant and of the other covenants and agreements herein contained, the Landlord rents to Tenant the House.
Tenant shall use the House only for residential purposes. Tenant shall not use or allow the use of the House in any way that interferes with other tenants' use and enjoyment of the House or neighboring property. Tenant shall not use the House for any illegal or improper use. Additionally, the Tenant shall comply with all Zoning Ordinances, Protective Covenants and Deed Restrictions.
The Tenant agrees that the House shall be a smoking environment. The Tenant shall be liable for any damage caused as a result of smoking.
Any Tenant entering into this Agreement shall be at least 18 years of age. Any guests of any Tenant that is under this age shall be accompanied by an adult over the age of 18 at all times.
The Tenant agrees that no more than 4 residents are allowed to occupy the House.
The Tenant agrees that no pets of any kind shall be allowed in the House. Failure to abide by this paragraph will result in immediate eviction without prior notice and forfeiture of all prepaid rent and deposits.
Parking is available with the House. It is described as: Drive way and garage
PAYMENT SCHEDULE AND DETAILS
The Tenant agrees to pay a Monthly rate of Seven Hundred Dollars ($700 USD).
Payment shall be made in the form of Cash, on or before: First of the month during the entire length of this Agreement. Payments shall be made at: 955 Ascot Dr, Eugene Oregon, 97401, or at such other place as the Landlord and Tenant agree upon.
Should a Tenant's payment be 15 days late, the Tenant shall be liable to the Landlord for $50 as a penalty.
LENGTH OF AGREEMENT
This Agreement shall begin September 21, 2007. Unless terminated, this Agreement shall be automatically renewed monthly. Either party may terminate this Agreement by giving written notice to the other at least 30 days prior to the end of the calendar month.
TERMINATION
After expiration of the leasing period, this agreement is automatically renewed from month to month, but may be terminated by either party giving to the other a 30-day written notice of intention to terminate. Where laws require "just cause", such just cause shall be so stated on said notice. The premises shall be considered vacated only after all areas including storage areas are clear of all Tenant belongings, and keys and other property furnished for Tenant use are returned to Landlord. Should the Tenant hold over beyond the termination date or fail to vacate all possessions on or before the termination date, Tenant shall be liable for additional rent and damages which may include damages due to Landlord loss of prospective new renters.
DEFAULT
If Tenant fails to fulfill or perform any obligation under this Agreement, Tenant shall be in default of this Lease. Tenant shall receive 30 days' notice by Landlord to cure the default (ie. Non-payment of rent). In the event Tenant does not cure a default, Landlord may at Landlord option cure such default and the cost will be added to Tenant financial obligations under this lease, or declare Tenant in default of the Agreement. Landlord may re-enter the premises and re-take possession of the House in the event of default. After default, Tenant may be held liable for the balance of the unpaid rent under this Agreement if Landlord cannot re-let the House during the remaining term of this Agreement.
TENANT RESPONSIBILITIES The Tenant agrees to accept responsibility for the following:
Maintaining the lawn, including mowing, watering, weeding and other reasonable maintenance as needed.
The Tenant shall comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes; maintain the House in good condition during the entire length of this Agreement and shall neither cause nor allow any abuse of the facilities therein.
The Tenant shall inform the Landlord of any condition that may cause damage to the House. If the House, or any part of the House, is partially damaged by fire or other casualty not due to the negligence or willful act of the Tenant or an agent of the Tenant, the House will be immediately repaired by the Landlord and there will be an abatement of rent corresponding with the time during which the House was untreatable.
Upon the termination or expiration of this Agreement the Tenant shall redeliver the property, amenities, furniture, appliances and any other applicable aspects of the House, in as good condition as at the commencement of the Agreement or as may be put in during the Agreement. Reasonable wear and tear from use and obsolescence to the House shall be accepted. Furthermore, the Landlord retains a Landlords Lien on all personal property placed upon the premises to secure the payment of rent and any damages to the House.
UTILITIES
The Agreement does not include utilities.
AMENITIES The House includes use of the following amenities:
Fire Place
APPLIANCES The House includes the following appliances for the Tenant use:
Washer
Dryer
Microwave
Stove
Dishwasher
Refrigerator
Air-Conditioning
FURNITURE The House includes the following furniture for the Tenants use:
Sofa
Coffee Table
Drapes/Curtains/Blinds
HOUSE ALTERATIONS
Tenant shall make no alterations, additions or improvements to the House (including the application of paints, stains, nails or screws to the woodwork, walls, floors or furnishings) without first obtaining the express written consent of the Landlord.
INSURANCE
Tenant acknowledges that Landlord’s insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall Landlord be held liable for such losses. Tenant is hereby advised to obtain his own insurance policy to cover any personal losses.
ENTRY FOR REPAIRS OR SHOW
In addition to the rights provided by the laws applicable to the State of Oregon, the Landlord shall have the right to enter the House at all reasonable times for the purpose of inspecting the and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by the Landlord for the preservation of the House or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Agreement. The Landlord shall give reasonable notice of intent to enter House except in the case of an emergency.
QUIET ENJOYMENT
The Tenant shall be entitled to quiet enjoyment of the House for the term of this Agreement provided that the Tenant pays rent in a timely manner and performs all covenants and obligations under this Agreement.
POSSESSION AND SURRENDER OF THE HOUSE
At the expiration of the Agreement Term, Tenant shall immediately surrender the House to the Landlord in the same condition as at the start of the Agreement, reasonable wear and tear elements excepted. The Tenant shall return a complete set of keys to the Landlord and provide in writing, the Tenant forwarding address. If any Tenant remains on the House after the expiration or termination of this Agreement without the Landlord written permission, the Landlord may recover possession of the House in the manner provided for by law.
ABANDONMENT
Abandonment is defined as absence of the Tenant from the premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid - whereupon Tenant will be considered in breach of this Agreement. If Tenant abandons the House during the term of this Agreement, the Landlord may enter the House by any legal means, without being liable for such entering, and without becoming liable to the Tenant for damages caused upon entering. Landlord may consider any personal property belonging to the Tenant and left on the property to also have been abandoned, in which case the Landlord may dispose of all such personal property in any manner the Landlord deems proper without becoming liable to the Tenant for doing so.
The Landlord may at its option terminate the Agreement and re-let the House, and may receive and collect all rent payable by virtue of such re-letting. Had this Agreement continued in force, the Landlord may hold the Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term and the net rent for such period realized by the Landlord by means of the re-letting.
LEGAL FEES
If the Tenant is in breach of this Agreement, and the Landlord finds it necessary to enforce this Agreement, or collect rental or other damages, through an attorney or in a legal action, the Landlord shall be indemnified by the Tenant for any reasonable attorneys' fees and out-of-pocket costs which in any way relate to, or were precipitated by, the breach of this Agreement by the Tenant.
WAIVER
The Landlord’s failure to enforce or insist on compliance with any provisions of this Agreement shall not be deemed a waiver nor a limitation of the Landlord's right to enforce or insist on compliance with the provisions of this Agreement.
BINDING EFFECT
Except as otherwise provided in this Agreement, all of the covenants, conditions, and provisions of this Agreement shall apply to and bind the parties and the heirs, personal representatives, successors, and assigns of the parties.
HEADINGS
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
ASSIGNMENT, SUB-LET AND LICENSE
The Tenant shall not assign this Agreement, or sub-let or grant any license to use the House or any part thereof without the prior written consent of the Landlord.
Consent by the Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license.
An assignment, sub-letting or license without the prior written consent of the Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at the Landlord option, terminate this Agreement.
AMENDMENT OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by both parties.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral covenants or representations relating thereto and not set forth herein shall be binding on either party hereto. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by the Landlord and Tenant. The Landlord has made no representation or warranty to Tenant except as herein expressly set forth.
SEVERABILITY
Should any conflicts arise between any party of this Agreement and the applicable legislation of the State of Oregon, the State Laws will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the State Laws. Furthermore, any provisions that are required by State Laws may be subsequently incorporated into this Agreement.
In the event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Oregon.
The parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this Agreement in its entirety.