APARTMENT RENTAL AGREEMENT 2024-2025

RESIDENTIAL RENTAL AGREEMENT FOR INDIVIDUALS SHARING ACCOMMODATIONS

 

This agreement is made by and between Thunderbird Landing LLC (hereinafter “Management”) and______________________________

(hereinafter “Tenant”), for the lease of the housing premises at Thunderbird Landing Student Housing, Cedar City, Utah. It is expressively

understood that this agreement is between the Management and each and every Tenant, and the responsibility of the Tenants shall be joint and several. Management represents that these premises are in a good, clean and habitable condition, to which the Tenants hereby agree, except as they may deliver in writing to the Management within three (3) days of occupation of said premises. The parties further agree as follows:

 

1. Term: The Term shall begin on Saturday, August 24th 2024 and continue until Saturday, April 26th 2025. Tenants agree to vacate the premises at 12:00 noon on or before the final day of this Term unless other arrangements are made in writing.

 

2. Rent: The rent per Tenant shall be $3,800.00. Rent may be paid in one lump sum payment at the time of entering into this agreement or per the following payment schedule:

• $500.00 due on or before Friday, June 14, 2024

• $1650.00 due on or before Friday, August 9, 2024

• $1650.00 due on or before Friday, November 8, 2024

A late fee of $50 will be charged for each payment not received on or before the date due. In addition, legal action may be taken if rent is not paid by due date. These payments are based on six Tenants per apartment. No more than this number of people shall occupy the premises without the written consent of management, including Red Riots. A $20.00 service fee will be applied on all returned checks. A returned check will also result in a late fee of $50.00 if proper payment is not made on or before the date due.

 

3. Security Deposit: A $300.00 deposit shall be paid prior to occupancy and returned by mail as provided by law within thirty (30) days following the end of this contract period, less damages caused by the Tenants and their guests, less a $50.00 carpet cleaning/painting charge, and a $25.00 utility handling charge. These security deposits shall not be applied to rent by the Tenants, but shall be used by Management at its option to reduce Management’s damages if Tenants(s) vacate the premises without suitable replacements while still under contract, fail to pay rent as agreed, or any other action or negligence causing damage including physical destruction of property, cleaning costs necessary to restore premises to the condition at the beginning of occupancy, and other costs provided for in this agreement. If a Tenant must vacate the premises for violation of any of the provisions of this contract, the entire security deposit shall be forfeited in addition to the about described damages, cleaning and lost rent charges. Retention of this deposit by the Management shall not relieve Tenants from paying the full amount of their contracted responsibilities. Tenant agrees that if he/she sells his/her contract, they agree to pay a $50 Cancellation/Transfer of Contract Fee.

 

4. Maintenance and Alterations: Tenants accept the premises as being in good order and repair, unless otherwise indicated. Tenants shall maintain the premises, including common areas and all furnishings therein, in a clean and sanitary manner, and shall surrender the same at termination in as good condition as received, normal wear and tear excepted. Tenants shall not paint or otherwise redecorate or make alterations to the premises without prior written consent of the Management. When Tenants move in, Management will furnish light bulbs; thereafter light bulbs will be replaced by Tenants. Tenants agree to notify Management of any malfunctions and to request repairs and services in writing, except in an emergency when telephone calls will be accepted followed up by an email. Tenants shall notify Management immediately of reasonably necessary maintenance. Management shall act with due diligence in making necessary repairs, and rent shall not abate during such period.

 

5. Tenants’ Personal Property: Management will not be liable or responsible in any way for loss or damage to person or property of Tenants or their guests unless due to negligence of Management. Management recommends that Tenants secure insurance against such losses.

6. Property Damage: All missing or damaged articles which are furnished with the premises by the Management shall be charged against the Tenants at replacement cost. Tenants are held responsible for all damages to the premises and furnishings caused by action or negligence by themselves or their guests including fire and water damage. Expenses or damage caused by stopping of waste pipes or overflow from showers, toilets or washbasins must be paid by Tenants. Failure to immediately report leaky faucets or any other conditions which result in property damage shall be considered Tenant negligence.

 

7. Rules and Regulations: Tenant shall abide by the Thunderbird Landing Rules of the Conduct Supplement included with and made a part of this Rental Agreement.

 

8. Right to Inspect: Management reserves the right to enter the premises at reasonable times for the purposes of inspection, maintenance, repairs, disturbances, and to show the premises to prospective Tenant, purchasers and appraisers. If rule violations occur or other situations arise, Management reserves the right to inspect on the same day that notice is given. Tenants agree to give Management access to all areas of the property upon request. Management reserves the right to inspect at random those who have previously been in violation of Thunderbird Landing Rules provided in the Conduct Supplement. All Tenants are welcome to change their personal door locks but will be required to supply a key to the Managers. In the case that the managers cannot get in and have given proper notice, the tenant agrees to pay for a locksmith if a backup key has not been supplied.

 

9. Assignment: Tenant(s) shall not assign or sublet their interests in this contract or permit additional persons to occupy the premises without prior written consent of Management, including Red Riots.

 

10. Utilities: Tenant pays per Semester, the sum of $125.00 in addition to rent for utilities. Management uses the $125.00 to pay for natural gas, electricity, and water. If Tenant’s unit goes over the $750.00 ($125.00 per person) per semester, Tenants will be responsible for the overage. If Tenants are under, Tenants will be refunded the difference. Refunds and overages may be settled at the end of each semester, but refunds may be accumulated and refunded at the end of the school year at Managements discretion. Utility payments must be made on or before the date rent is due for each semester or incur a $50.00 late fee.

 

11. Abandonment: Abandonment shall have occurred if, (1) Without notifying the Management, Tenants are absent from the premises for two (2) days while rent is due and tenants; possessions remain on the premises, or (2) without notifying the Management, Tenants are absent for one (1) day while rent is due and Tenants’ possessions have been removed from the premises. If Tenants abandon premises, Management may retake premises and attempt to rent it at fair market value. Tenants shall be liable for the entire rent due for the remainder of the Rental Agreement term, or the cost of re-renting the premises, including rent lost, the cost of restoring the premises to the condition at the time it was rented, and reasonable fees for re- renting the premises. If Tenants have left personal property in the apartment, Management may remove and store it and attempt to give Tenants notice of this action. Tenants may obtain property by paying moving and storage costs. If Tenants fail to claim property within 30 days of notice, Management may make a reasonable effort to sell the property at its fair market value and apply the proceeds toward any amount the Tenants may owe. Any money remaining after such action shall be disposed of in accordance with UCA-78-44-11.

 

12. Notices: All notices shall be given accordance with state laws. Where delivery is not specified by law, notices may be given by mail and or email or to Tenants at their premises, to management at the address shown below or at such other places as may be designated. Tenants authorize Management to distribute Tenant’s email addresses and phone numbers to the other Tenants assigned to live in the same apartment at any time to allow for communication between Tenants.

 

13. Waiver: No provision of this contract can be waived except by the written consent of Management and Tenants. Nor failure of management to enforce any part of this agreement shall be deemed as a waiver, nor shall any acceptance of a partial payment of rent be deemed a waiver of Management’s right to the full amount. If for any reason, any portion of this agreement is declared void the balance of the agreement will remain in full force and effect.

 

14. Enforcement: In the event of failure to faithfully perform the terms of this agreement, the defaulting party shall pay all costs, including reasonable attorney’s fees, resulting from the enforcement of this contract or any right arising out of such breach. Violation of this agreement will constitute grounds for termination of the rental agreement with forfeiture of rent and deposits.

 

15. Exhibits: The following exhibits have been made a part of this agreement: A) Rental Applications; B) Inspection and Inventory Sheet; C) Rules of Conduct Supplement

 

16. Entire Agreement: The foregoing constitutes this entire agreement between the parties. Nor verbal statement made by anyone relative to this agreement shall be construed to be a part of this agreement unless incorporated in wiring herein. This contract may be modified only by a written agreement signed by both parties.

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Thunderbird Landing Rules of Conduct Supplement – January 1, 2022

 

UPON MOVING INTO APARTMENT

1. Tenants must pay their “Hassle Free” utility payment on or before the rental payment due date for each semester.

 

2. All tenants must fill out a “Condition and Inventory Sheet” about the apartment. (Obtain from the manager upon arrival.) Tenants will be charged for all damages not listed on the sheet. Inventory sheets will only be accepted during the first two weeks of occupancy.

 

3. All tenants having a car will need a parking permit. (Obtain from the manager upon arrival.) Only cars with official parking tag may park in the parking area or risk being “booted” or towed. All visitors must park on the street. The parking tag must be visible through the front windshield of the car. The parking tag must be turned in when the school year is over, or tenant will be charged $10, taken from deposit.

One parking permit will be issued per tenant.

 

4. No Tenant shall move into the premises without first checking in with Management, when a key will be issued. There will be a $10 charge

for each lost key.

 

RULES

5. No dogs, cats, fish, or other animals will be allowed in or on the premises or grounds at any time, whether permanent or temporary,

whether belonging to Tenants, guests or others. Violation of this section shall provide Landlord with the following remedy: Tenant agrees

to pay the Landlord a Fine of $150.00. Tenant agrees to be responsible for the cost, both labor and materials, of replacing ALL carpet &

pad in the premises upon Management’s request. Violation of this rule constitutes a violation of the lease which cannot be brought into

compliance and is grounds for EVICTION.

 

6. Emotional Support Animals (ESA): ESA are allowed by law if a signed document of a licensed professional is provided as required by law. If accommodation is granted, Tenants are responsible for any damages caused by the animal. Failure to pay for damages caused by the animal, neglect to clean up after the animal, or the animal creating a hostile housing environment is grounds for the termination of accommodation or eviction. Accommodation can be rejected if the number or size of ESA are not appropriate for the space available.

 

7. Possession or use of alcoholic beverages, tobacco, e-cigarettes, hookah, or any illegal substance in the apartment, or on the premises, is

strictly prohibited. This applies to both residents and their guests. Management may impound alcoholic beverages, tobacco, e-cigarettes,

hookah, or any illegal substance found on the premises. Any impounded item can be reclaimed from management within thirty days from

the date of impound. After thirty days, impounded items may be destroyed. Violation of this section shall provide Landlord with the

following remedy: Tenant agrees to pay the Landlord a Fine of $500.00. Violation of this section constitutes a violation of the Rental

Agreement which cannot be brought into compliance and is grounds for EVICTION.

 

8. Mattresses, screens and all other furnishings are to remain within the apartment at all times. Only Management is authorized to remove them. There shall be no tampering with screens, electrical systems or any other fixtures.

 

9. Gasoline, fireworks or other combustible materials are not to be stored on the premises. Nothing shall be stored in the furnace rooms as this could be a fire hazard. Open flames of any kind are not permitted inside apartments.

 

10. Tenants and guests are to remain off the roofs of the apartments.

 

11. There are to be no waterbeds without written approval by the Management.

 

12. Automobiles and motorcycles may be driven or parked only in designated areas, never on lawns or sidewalks. Snowmobiles, water vehicles, and trailers of any kind are strictly prohibited on the premises. There shall be no major repairs or disassembling on the premises.

 

13. No party shall violate local, state or national laws or health codes.

 

14. Disorderly conduct which disturbs the peace, including shouting, loud music, noise, boisterous parties, pranks, indoor wrestling, rowdy

behavior or any activities creating a nuisance or endangering the health or safety of individuals or damaging property is strictly prohibited.

 

15. Tenants agree to inform Management of any occurrence of disturbing, destructive, hazardous, unlawful or suspicious activities on or near

the premises, and Management agrees to strictly enforce all rules and regulations according to its best judgment.

 

16. Do not park motorcycles, bikes, or cars on the sidewalks. Do not lock bikes to light poles or gas meters. If bikes are stored inside the

apartment, care should be taken that they do not scratch/scuff the walls or stain the carpets.

 

17. Barbecue grills are not allowed within 25ft of any of the Thunderbird Landing Apartment buildings.

 

18. Vehicles must be operable at all times, and must be moved from parking lots upon notice from the manager for snow removal, etc.

 

19. Any overnight visitors must receive approval from the manager, including red riot guests. The host must obtain written approval of all

roommates 24 hours prior to a guest staying over. Live-ins and unauthorized visitors are strictly prohibited. Individual apartments are NOT

co-ed and overnight visitors of the opposite sex are strictly prohibited.

 

MAINTENANCE/PROPERTY DAMAGE

20. Vacuums are available at the manager’s residence. To borrow a vacuum you need to bring in your Driver’s License or SUU ID and trade it for a vacuum. Please return the vacuum within one hour. After using a vacuum, please empty the vacuum of debris and cut off any hair

that has accumulated on the bottom of the vacuum roller before returning it.

 

21. Please keep filter screens cleared of debris in the bottom of your dishwasher. If the dishwasher motor jams or hums, turn the dishwasher off and immediately call the manager. If the motor burns out due to jammed debris, the motor will be replaced at the Tenants’ expense.

 

22. Please report jammed garbage disposals to the manager. If the disposal motor burns out due to tenant negligence, the motor will be

replaced at the Tenants’ expense.

 

23. Do not remove window screens except in emergencies or to wash windows. Any bent or broken screens will be replaced at Tenants’

expense.

 

24. Please help keep the grounds free of litter. Tenants will be held responsible for garbage around or in the apartments. All personal property

of the tenants must be stored in the apartments.

 

25. Any tenant who does not pass inspection at check-out time will be charged the necessary amount to hire a cleaning crew.

 

26. Do not poke holes in walls exceeding pinhole size or you will be charged.

 

27. During move out time (whether you move out or not), all tenants are responsible to clean their personal area and at least 1 common area

duty BEFORE the inspection day specified by the managers (usually move out day). If you do not sign up for a common area duty, one will

be assigned to you and the costs acquired to clean it will be your responsibility if it was not cleaned adequately before inspection time. If

you leave prior to move out day, it is your responsibility to have your roommates sign a cleaning release form before you leave and get it to

Management in order to be released from a common area duty. You can only submit a roommates cleaning release form if you actually

clean the area and your roommates agree to how well it was cleaned. When roommates sign a cleaning release form, they will then be

responsible for the costs acquired to clean it if any. Note that if there are less than 6 of you before checkout, you will still have to split the

cleaning duties evenly in order to complete ALL common area cleaning duties.

 

SELLING CONTRACTS

28. If a tenant needs to sell his/her contract, written permission must be obtained from the Management prior to and following the sale.

Tenants are responsible for selling their own contracts and collecting rent payments (if any) from the buyer. Management will not be involved in the sale of contracts for tenants or handling rent payment agreements between the buyer and seller unless otherwise agreed upon by Management. A $50 fee will be charged to the seller. No rent is refunded to seller from Management.

 

ENTIRE AGREEMENT

29. Any violation of contract will result in a warning. A second violation will result in eviction except in extreme circumstances where

Management deems necessary to evict on first violation (Ex: smoking, fighting, use of illegal substances