Lease Terms
Last Update: 6/22/2010
RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT is between Delta Real Estate Portfolio, LLC, ( "Property Manager"), who's address is 1410 Park Wild Ave, Omaha, NE 68108 (www.deltarep.com) and the individual ("Roommate") who has completed the online lease via Property Manager's website. Property Manager leases to Roommate and Roommate leases from Property Manager, upon the terms and conditions contained herein:
1. Online Property Manager's Office. All communications from Roommate that would have an impact on this lease shall be completed through Property Manager's website (www.deltarep.com/roommates.html).
This includes application completion, credit/background checks, lease
execution, repair requests, payment changes, questions or concerns,
roommate's required bi-annual feedback, and move out notices. All
other communications from Roommate outside of Property Manager's
website shall have no effect upon this lease. Property Manager may
alter the lease via email notices as agreed upon by both the Property
Manager and the Roommate.
2. Length of Lease. Roommate shall choose between one of three lease durations:
- Twelve Months: Twelve (12) months and month to month thereafter until Roommate provides a full calendar month's notice to terminate lease via Property Manager's website. During the 12 month period Property Manager may adjust rent prices to account for increased costs of utilities, and other increased costs associated with the mortgage, insurance, and property taxes of the occupied property. Once the month to month period begins, an additional $25 may be added on to the Roommate's monthly rent amount, and the total rent price may be adjusted at Property Manager's discretion.
- Three Months: Three (3) months and month to month thereafter until Roommate provides a full calendar month's notice to terminate lease via Property Manager's website. During the 3 month period Property Manager may only adjust rent prices to account for increased costs of utilities, and other increased costs associated with the mortgage, insurance, and property taxes of the occupied property. Once the month to month period begins, an additional $25 may be added on to the Roommate's monthly rent amount, and the total rent price may be adjusted at Property Manager's discretion.
- Month to Month: Month to month until Roommate provides a full calendar month's notice to terminate lease. So long as Roommate is on a month to month arrangement, a $25 premium shall be added to each month's normal rent amount. Property Manager reserves the right to increase the monthly rent amount provided the same full calendar month's notice is given to Roommate as required for move out notice.
3. Rent Amount. Roommate shall pay Property Manager as rent, by automatic bank draft, the sum of the normal monthly rent amount (as entered by Roommate via online lease) per month, due and payable monthly, on the 1st business day of the current month for which rent is due. For the month to month arrangement, an additional $25 shall be added to the normal monthly rent amount. This rent amount includes utilities (Electric, Gas, Water, Sewer, Trash, Cable TV, Wireless Internet), common area house supplies, weekly cleaning service, lawn care, and snow removal which are included in one total payment each month. Should the expenses paid by Property Manager related to utilities, supplies, cleaning, lawn care, and janitorial services increase, a proportional increase shall be passed through to the Roommate.
4. Default. Under any circumstance in which the full balance owed to Property Manager is not received by the 15th business day of the month in which rent is due, Roommate shall receive a fourteen (14) day notice to vacate the property. Partial payments shall not be considered as payment for rent. Due to such strict payment requirements, Roommate has been notified and encouraged to arrange an emergency savings account and/or a personal line of credit to be attached to their bank account designated to make the automatic monthly payments.
5. Move in Fee. Upon completion of the lease by roommate, a $100 move in fee shall be transferred to Property Manager via automatic bank draft. This fee is collected to cover the expenses related to move-in consisting of credit checks, background checks, leasing commissions, property improvements, normal wear and tear from moving, and marketing efforts expended by Property Manager. It also helps pay for the common area furnishings including TV's, furniture, cable modem/router, etc. The amount of the move in fee may be adjusted by Property Manager, but the standard move in fee is $100.
6. Security Deposit. Based upon pets, credit, reference, and background checks, Property Manager may require a security deposit to be withheld in the amount as entered by Roommate via online lease completion. The Roommate agrees to have the security deposit automatically transferred to Property Manager upon the day the lease is completed and approved by Property Manager. The security deposit is collected to reimburse the Property Manager for actual damages to the rental unit or ancillary facilities. Costs for repairs, cleaning, and moving any personal property left by roommate will be deducted from the deposit and any shortfall will be automatically deducted via automatic bank draft. Even if no security deposit was required, any of the above damages may be collected via automatic bank draft upon move out. If after all expenses are deducted from Security Deposit, the remaining balance shall be sent to Roommate within 30 days of move out provided a new mailing address has been provided.
7. Common Area Clutter. Unless written permission is given to Roommate, Property Manager reserves the right to dispose of any personal property contained in the common areas of the property. Common areas consist of all areas except for Roommate's bedroom.
8. Parking. Roommate is allowed to park one vehicle at the property and their guests shall be granted off street parking as available.
9. Pets. Any pets kept on the property without the permission of the Property Manager and unanimous consent of all other roommates at the property shall be a complete and material breach of the lease. Any pet allowed under this lease may require an additional security deposit and/or monhtly pet fee as decided by Property Manager. Costs required to clean up after the pet or repair any damages caused by pet shall be considered "additional rent."
10. No Smoking Inside. Smoking of any kind is not permitted inside the premises and may be considered a complete and material breach of the lease. Outdoor smoking may be allowed so long as it is away from open doors and windows and provided that Roommate properly disposes of trash. If trash is not property disposed of properly, a $20 fee may be assessed to each roommate in the property.
11. Subletting/Guests and Visitors. Roommate agrees not to sublet any portion of the property, nor to allow any other person to live therein other than as named as Roommate. Roommate may have guests stay for a maximum of two days and one night. Any longer stays require consent from other roommates living at the property as well as getting Property Manager's written permission.
12. Utilities. Property Manger calculates the per
roommate cost of utilities and supplies. Utilities include gas, water,
sewer, electrical, TV, and wireless internet. Supplies include all
basic cleaning supplies needed for the common areas of the house
including kitchens and bathrooms. This total amount of utilities and
supplies is divided by the total number of roommates at the property to
be proportionately assigned to each roommate's monthly rent amount.
13. Emergency Access. Property Manager has the right of emergency access to the property at any time in which the safety of Roommates are in question. Access to common areas is also allowed to Property Manager at any time from 9 am to 9 pm. Access to roommate's bedroom requires 24 hour notice unless otherwise agreed upon by Property Manager or it's leasing agents and roommate.
14. Ordinances & Statutes. Roommate shall comply with all municipal, state, and federal law, statutes and ordinances now in effect, or which shall be enacted in the future, and any violation thereof shall be a complete and material breach of the lease.
15. Interruption of Services. As long as the premises are habitable, any interruption of services or utilities, inconvenience, or discomfort arising from repairs or improvements to the premises shall not affect this lease, or reduce the rent.
16. Legal Action. Roommate agrees, without protest, to reimburse Property Manager for all actual and reasonable expenses incurred by way of Roommate's violation of any term or provision of this lease, including, but not limited to all court costs and attorney's fees and all costs of collection.
17. Renter's Insurance. The Property Manager and the Property Manager's agents shall not be liable for any damage to property or loss of property that is caused by theft or casualty on the premises. Roommate has been notified and encouraged to obtain renter's insurance from an insurance agent of the roommate's choice to protect the Roommate's personal property against loss or damage.
18. Roommate's Waiver of Claims. Roommate hereby waives any and all right to assert affirmative defenses or counterclaims in any eviction action instituted by Property Manager.
19. No Waiver by Property Manager. All rights given to Property Manager by this Lease shall be cumulative to any other laws which might exist or come into being. Any exercise or failure to exercise by Property Manager of any right shall not act as a waiver of any other rights. No statement or promise of Property Manager or his agent as to tenancy, repairs, alterations, or other terms and conditions shall be binding unless reduced to writing by Property Manager.
20. Online Lease Completion and Digital Signature. This lease shall be completed online via Property Manager's website. By completing the lease online, Roommate agrees and understands that completion of online lease shall be legally binding just as a paper document. By providing three pieces of identification (First and Last Name, Driver's License Number, and Date of Birth) roommate agrees that providing such information shall be legally binding as a signature from Roommate.
21. Confirmation and Approval of Lease. As Roommate will be creating their lease and the variables within, the lease shall not be binding upon Property Manager until final approval and email confirmation is sent to Roommate from Property Manager.
22. Addendums. Any warrants, promises, or guarantees made by Property Manager or its agents shall not be binding unless contained in this lease or in a lease addendum in writing. Lease addendums shall only consist of electronic messages containing "Lease Addendum" in the subject line of the message from Property Manager and its designated agents.
23. Bi-Annual Feedback. Twice each year, once on April 1st, and again on November 1st, Roommate is required to complete a short online survey at www.deltarep.com/feedback.html.
24. House to House Moving. If roommate wishes to move to another property managed by Delta REP, roommate must terminate their old lease and provide a full calendar month's notice online and must also fill out a new application, be approved, sign a new lease, and pay a new move in fee to move to another house within Delta REP.
25. Move Out Notice. This lease may be terminated online by Roommate so long as roommate is in a month to month period at the time of termination. Notice must be given to Property Manager online at http://www.deltarep.com/roommatenotice.html. The lease terms require "a full calendar's month notice to terminate a lease." For example, whether it is March 2nd, 9th, 15th, or 23rd and Roommate provides a notice, Roommate will be billed for the entire month of April.
26. Move Out Checklist. Roommate is required to complete the following items and ensure the property is in the same or better condition compared to when they moved in. If the following items are not completed by the end of their lease term the following amounts shall be automatically deducted from Roommate's provided bank account and/or security deposit.
Standard Move Out Items:
- Provide a full calendar month's notice - Automatic Payments will not be stopped until online notice is received
- Clear and clean room by the last day of the final month - $100 Overstay Fee + Full Month's Rent
- Vaccum and shampoo floor if carpet - $100 Carpet Cleaning
- Sweep and mop floors if hardwood - $30 Sweep and Mop
- Remove belongings from common areas - $75 Trash and Personal Property Removal
- Return house key and room key - $40 Relock Install (per key not returned)
- All is same or better than move-in - As determined by Property Manager
- Provide address for mail forwarding - Mail received at the premises will be thrown away after last day of lease
- All other non-standard damages incurred by Property Manager shall be automatically deducted from Roommate's provided account.
27. Emergency Eviction. If at any point the safety of any of the other roommates living at the property may be in question, Property Manager reserves the right to serve an immediate eviction and Roommate agrees that all personal property may be moved off the property to another housed location of Property Manager's choice and any previous access to the property may be forbidden and this entire lease shall be void. Any payments or deposits paid by Roommate shall be forfeited in such an event. Personal Property may be held as collateral for any uncollected rents.
28. Parent or Guardian's Approval of Minor. If Roommate is 18 years old or younger and completes this lease, Property Manager requires approval from Parent or Guardian which makes this lease binding not only upon Roommate, but also Parent or Guardian. Parent or Guardian shall be listed as Roommate's emergency contact and Property Manager shall contact them upon lease completion to verify and/or document their approval.
29. Payments via Bank Draft. The financial institution provided by Roommate is authorized to pay the Roommate's monthly rental amount and additional monthly utilities and supplies expenses, and to deduct each payment from Roommate's account. In the event the security deposit is not able to cover damages, Property Manager reserves the right to initiate a transfer of funds to recover from said damages. Roommate understands Property Manager may make needed adjustments to entries, and that each payment shall be the same as a check personally signed by Roommate. This authority remains in effect until roommate has fully moved out of the property described in this lease and has made all payments related to any damages caused to the property. Roommate shall receive notice of each transaction at least seven (7) days before the transaction will take place. Roommate shall pay their security deposit and move in fee from the account of which they choose to use for the monthly automatic payment. If roommate provides invalid bank account information or closes their account without providing a new valid account and notifying Property Manager, this lease may be voided at Property Manager's discretion.
If Roommate wishes to use a different bank account, changes may be made via Property Manager's website by visiting http://www.deltarep.com/paymentchanges.html.
30. Property Manager requires automatic payments. This lease shall not be valid until approved by Property Manager and Roommate pays move in fee, required security deposit, and one full month's rent amount from a valid bank account that Roommate wishes to use for monthly automatic payments. If the bank account is ever found to be incorrect, closed, or unfunded, Property Manager reserves the right to cancel this lease at any time. Upon cancellation, any amount of time of any given month shall be billed as an entire month, no prorated amounts will be used. All payments received prior shall be forfeited and any personal property left on the premises may be held as collateral for any amounts due.