7604 NORTH 49th AVENUE LEASE



This lease states that NAME (the roommate) will rent two unfurnished bedrooms and one bathroom of the three bedroom and two bathroom home of 7604 North 49th Avenue, LLC (the owner).  This a house share/roommate situation at:


7604 North 49th Avenue

Glendale, AZ  85301


The front yard, back yard, pool, garage, laundry room, kitchen, living room and dining room are common/shared areas.  The owner/the owner’s parents will retain tenancy of the master bedroom and master bathroom.  The owner/the owner’s parents will NOT have access to the roommate’s two bedrooms or one bathroom.  Similarly, the roommate will NOT have access to the owner’s master bedroom or master bathroom.


The lease starts DATE, 2016 and is for NUMBER months ending DATE, 2016.  The rent is $PRICE.00 (U.S.) per month.  Rent is paid one month in advance and MUST be paid by the first of every month.  A $50.00 (U.S.) late fee PER DAY will be charged if the rent is late. 


Pre-payment is always acceptable.  Rent will NOT be pro-rated by days or weeks.  The last month’s rent will NOT be pro-rated.


If move out takes place for any reason prior to DATE, 2016, the remaining months of the lease are the roommate’s financial responsibility.  There is NO sub-leasing or renting out the second bedroom or any other part of the home.  Should the roommate have a change of financial circumstances, the roommate is required to contact the owner within five (5) days of this occurrence.  


A $PRICE.00 (U.S.) non-refundable holding deposit is required by DATE, 2016 to hold the rental and to stop all advertising and marketing efforts.  By move-in day, a refundable security deposit of $PRICE.00 (U.S.) is required.  On move-in day, the non-refundable holding deposit converts to the refundable security deposit.


HOLDING DEOSIT SCHEDULE:

First $PRICE.00 (U.S.) by DATE, 2016

Second $PRICE.00 (U.S.)  by DATE, 2016

Third $PRICE.00 (U.S.) by DATE, 2016


IMPORTANT: The security deposit is NOT rent.  It is a security deposit ONLY and CANNOT be used for last month’s rent.  MONTH´s 201’s rent MUST be paid even though move out will take place on DATE, 2016.


SCHEDULE:

$PRICE.00 (U.S.) Non-refundable holding deposit due: DATE, 2016

$PRICE.00 (U.S.) Non-refundable holding deposit converts to refundable security deposit on: DATE, 2016

$PRICE.00 (U.S.) Additional security deposit due: DATE, 2016

$PRICE.00 (U.S.), First month’s rent due: DATE, 2016

$PRICE.00 (U.S.), Last month’s rent due: DATE, 2016

Security deposit will be returned by: DATE, 2016


NO personal checks will be accepted for the deposit, rent or utilities, only electronic transfers via Paypal, Chase Quick Pay or the roommate’s bank’s bill pay.


Please use north49thavenue@aol.com for payment.


When paying electronically, the rent MUST be deposited on or before the first of the month to avoid the $50.00 (U.S.) PER DAY late fee.  Allow enough time for the rent to post.


The roommate is to provide a valid email address to the owner to complete an occupancy application.  The potential roommate will be emailed a link from TransUnion SmartMove to complete credit, bankruptcy and background checks.  The charge of this service is the potential roommate’s responsibility and approval is based on the findings of these reports, qualifying income and references.  The owner will not reimburse the potential roommate for this charge regardless of approval outcome.


One (1) or Two (2) set(s) of keys will be given on the next business day after the security deposit and rent are deposited.  If this deposit is made on a Saturday (non business day), keys will be given on Tuesday.  If keys are lost or stolen, contact the owner immediately.  $100.00 (U.S.) per set will be deducted from the security deposit to replace the keys and change the locks.


In the event the roommate wishes to renew the lease, option to renew will be offered to the current roommate upon signed commitment to extend the lease with rent to be negotiated.  The roommate is required to provide the owner 30 days written notice of non renewal of lease terms.  Should the roommate fail to provide written notice of non renewal, the lease will auto renew on a month to month basis at a negotiated rate. 


The RIGHT side of the two-car garage is where the roommate parks.  A garage door opener will be provided.  Make sure garage door is closed after parking or leaving property.  If the owner/owner’s parents are using both spots, outside parking on the right side of the garage or street parking are options.  Never park in front the left hand side in or outside of the garage.  Any tickets, towing or impounding charges, however, are the roommate’s financial responsibility so observe signs if there are any.  If the garage door opener is not returned, $100.00 (U.S.) will be deducted from the security deposit.


As long as both cars can park in the garage, the roommate can store personal belongings in the garage.  If not, the roommate will have to park in the driveway and the owner will park in the garage.  The roommate may never use the LEFT side of the garage for storage as this is the owner’s parking space.


The wiring for a landline phone is present but the hookup costs and monthly bills are 100% the roommate’s financial responsibility.  The owner suggests a cell phone instead of a landline.


Dish and Direct TV dishes and wiring for cable/satellite television are present but the hookup costs and monthly bills are 100% the roommate’s financial responsibility.


The roommate is to provide a shower curtain.


Electricity and water (there is no gas) are 100% the roommate’s financial responsibility.  Both bills will be emailed to the roommate as soon as the owner receives them. These will be TWO separate payments from the $PRICE.00 monthly rent payment to keep all accounting accurate.  Payment will be due along with the following month’s rent.  The last month’s electricity can be paid directly or will be deducted from security deposit to be determined by both the roommate and the owner at the end of the lease.  The owner suggests that LED bulbs be used in the roommate’s personal lamps and fixtures to keep electricity costs down.


Currently, there is not an alarm system but the owner would be 100% financially responsible for the equipment and monthly monitoring charges if installed.  There is a video surveillance system.


The owner is 100% financially responsible for high-speed internet, weekly (during summer) and bi monthly (during winter) pool cleanings and weed control services.


PLEASE NOTE THERE IS NOT A FENCE AROUND POOL.  SWIM AT THE ROOMMATE’S RISK.  THE OWNER WILL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH OF ROOMMATE/ROOMMATE’S FAMILY OR GUESTS RESULTING FROM THE POOL.  BY INITIALING BELOW, THE ROOMMATE AGREES TO COMPLETELY HOLD HARMLESS THE OWNER.

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For everyday use items (bulbs, air and water filters for refrigerator, filters for heater) needing maintenance or replacement is 100% the roommate’s responsibility to order and purchase if it is under $50.00.  If it is over $50, then it is the owner’s responsibility.


The owner pays for the mortgage, Home Owner’s insurance and taxes.  Purchase renter’s insurance if the roommate feels the need because the owner is NOT responsible for the roommate’s lost, stolen or damaged personal property.


The owner will do any necessary maintenance and repairs and will give 24-hour notice to access the roommate’s two rooms and one bathroom unless instant access is required for an emergency. .

 

Any damage caused by the roommate is the roommate’s full financial responsibility.  The roommate has one week from date of move in to claim any damage to premises, furniture, appliances, etc. and must provide a written list of all damages so the roommate is not held financially responsible for preexisting conditions upon move out.

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If the rental needs to be shown, the owner will give the roommate 24-hour notice.  The owner may need the roommate to show the property to a potential renter.


HOUSE RULES:


There is a no shoe policy in the house.  Remove shoes prior to entering and leave them in the laundry room or by the front door.  The sand, stones and little rocks lodge into the bottoms of shoes and scratch the tile floor.  The dirt dirties the brand new Berber carpet.

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All doors and windows MUST be closed and locked upon leaving.

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The outside barbecue and pool are communal and at times may be used by the owner/owner’s parents.  The barbecue MUST be cleaned after each use and covered with the cover provided.

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Turn off propane when not in use.  Refilling of the propane is the roommate’s responsibility so please refill it when empty.

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If the roommate decides to activate an alarm service, the alarm MUST always be set when leaving and when home at night.  The cost and monthly service are 100% the roommate’s responsibility. 

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Dirty dishes and utensils MUST be washed and put back into the cabinets to avoid ant and rodent problems.

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Neatness and cleanliness are required at all times.

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Garbage and recyclables MUST be removed from the house and put into the appropriate container provided on the side of the garage.  Garbage day is Monday mornings. 

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The house, front patio, back patio, front yard and back yard are drug, smoke, marijuana, incense, sage and pet free .  Smoking is permitted OFF property ONLY. 

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There is no underage drinking. 

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Clean out the lint filter in the dryer (to prevent fires) EVERYTIME laundry is done.

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  Four (4) patio chairs, two (2) white framed patio tables, six (6) blue covered chairs, one (1) blue ottoman, and one (1) metal framed patio table, one (1) barbecue, two (2) Lazy Boy chairs, six (6) wooden chairs, one (1) red couch, one (1) Whirlpool washer, one (1) Whirlpool dryer, one (1) Frigidaire refrigerator, one (1) Frigidaire dishwasher, one (1) Frigidaire cooktop and oven, one (1) Haier microwave are provided.

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  As far as visitors NOT on the lease, use good judgment and discretion.  NO strangers, only friends and relatives the roommate knows.  As long as it does not become a habit or hangout on a daily basis, the owner will not have a problem.  Guests must follow the no shoe policy and other rules stated above.  Show respect at all times to the neighbors.

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  Any violations of the lease may be subject to a deduction from the security deposit and an eviction.  If a situation occurs where common sense is questioned contact the owner anytime so both parties can explore the situation and make the best judgment call to avoid potential problems.

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For all and any legal disputes/arbitration, the tenant is held liable for all parties involved win, lose or draw. 

ARS33-1315 (2)

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MEDIATION:
A. Consistent with paragraph B below, owner and roommate agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they otherwise would be available to that party in any such action.


B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of a mechanic's lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation provision.

ATTORNEY FEES: In any action or proceeding arising out of this agreement, the prevailing party between owner and roommate shall be entitled to reasonable attorney fees and costs, except as provided in paragraph A.
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DISCLAIMER: By entering into this lease, the roommate hereby accepts the current condition of the home, and does not have any expectations that the home will be altered in any manner, without a notarized addendum to this lease, signed by both parties. The home is as described in the marketing materials the roommate viewed, and the roommate waives the right to seek any alternations or modifications to the property upon entering into the lease. Should the roommate seek any repairs or maintenance throughout the tenancy, the roommate is to contact the owner to discuss the repairs.  THE ROOMMATE WILL NOT REPAIR HIM/HERSELF NOR HIRE COMPANIES TO REPAIR.

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At the end of the lease, dirty dishes and utensils MUST be washed then put back in the cabinets and drawers.


The roommate MUST return one (1) or two (2) set(s) of keys and the one (1) garage door opener.  If keys and the garage door opener are NOT left on the kitchen table after lease ends, $100.00 (U.S.) per set and $100.00 (U.S.) for the opener will be deducted from the security deposit to change the locks and replace the keys and garage door opener.  If either are lost, please notify the owner immediately. To exit, simply double lock the front (and side laundry door) and exit through the open garage door.  Manually shut the garage by pressing the garage door button by the workbench then exiting quickly out of the garage door being aware that the sensors at the bottom will trigger the garage to retract up.


Within 14 days (2 weeks) after the roommate moves out, $PRICE.00 (U.S.) (the $PRICE.00 (U.S.) security deposit minus a minimum of a $200.00 (U.S.) non-refundable cleaning fee) will be returned provided the rental is found in its exact original condition (i.e., there is no damage, no repairs required, stains, breakage or anything missing from the owner’s inventory).


If the roommate leaves the house in move-in ready condition (like house was found upon the roommate’s move in) and sinks and toilets are bleached/sanitized and carpets are steamed cleaned, it is up to the discretion of the owner to return the minimum non-refundable $200 cleaning fee in part or in whole.


The owner HATES taking money from security deposits and HATES replacing or fixing things so a little effort on the roommate’s part ensures deposits are returned in full and minimizes headaches for both parties. 


Please provide:

The make of the roommate’s car(s):


1)


2)


License plate number(s):


1)


2)


Drivers license number(s) and state(s):


1)


2)


Three references (names and numbers) and relationship to  the roommate:


1)


2)


3)


Contact work phone and cell number(s):


1) Cell:


2) Work:


3) Cell:


4) Work


Emergency contact names and numbers:


1)


2)


3)


4)


Email address for the return of deposit:




For an emergency, contact:

Dominick DeCarlo

Cell: 858-488-8679


Don and Toni DeCarlo, owner’s parents in Tucson, AZ

Landline (No texting): 520-577-6155


Julie Miller, neighbor

Cell: 602-653-0517


If in agreement with the above, email $PRICE.00 (U.S.), the non-

refundable holding deposit, to CHASE Bank.


An electronic copy of the lease will be emailed to the roommate for an e-signature.


Any questions or concerns contact Dominick DeCarlo.


Sincerely,

 


______________________________________________

7604 North 49th Avenue, LLC

north49thavenue@aol.com

Cell: 858-488-8679



 

 ______________________________________________

Roommate 1 Signature



 ______________________________________________

Roommate 2 Signature



Monday, September 9, 2019






Cell: 858-488-8679

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