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FORM #2B : FIXED TERM RENTAL AGREEMENT


Tenant, Address & Tenant Contact Info

  • (required entries are indicated by *)
  • Tenant(s)*:
  • Tenant(s):
  • Rented Premises*: Unit: 
  • City: Oregon, Zip:  Phone: 
  • Cell or Mobile:  Alternate Phone: 
  • Email:  Email: 
  • Alternate Mailing:

Lease Amount, Due Date & Lease Term

  • Monthly Rent Amount $ Due Date: 
    Rent is payable on the 1st day of the month if left blank.
  • Lease Term Beginning: Ending:
    1st month’s prorated rent from  to  is 

Late Fees

If payment is not received by 11:59 pm on the 4th day of the rental period Tenant(s) will be charged as follows (select ONLY one):
One charge per rental installment limited to amount customary in rental area.
Per-day late fee shall not exceed 6% of the amount customary in rental area.
Incremental late fee shall not exceed 5% of monthly rent for each 5 days of delinquency or portion thereof.

Move-in Accounting Rent & Deposits

Security Deposit
Pet Deposit
Other Deposits
Pro-rated Rent
1st Full Month's Rent
Last Month's Rent
Other 
Subtotal
Deposit to Hold (subtract)
Total Due
If checked deposits are held by Owner.

Non-Compliance and Other Fees

Smoke Alarm and Carbon Monoxide Alarm tampering fee $250.00 
Dishonored check fee (plus amount charged by bank) $ 35.00 
Late payment of utility fee $ 50.00*
Failure to clean up animal waste, garbage or other waste $ 50.00*
Parking violation or other improper use of vehicle $ 50.00*
Smoking/Vaping in a clearly designated non-smoking/vaping unit or area $ 250.00*
Unauthorized pet capable of causing damage $ 250.00*
* see #21 for explanation
Early termination of lease fee $
(Early termination of lease will be charged as a fee equal to 1-1/2 times the monthly rent OR Actual Damages, to be determined at the time of the deposit accounting, and to be to be exercised at discretion of Owner/Agent.)

Utilities

Please select who pays for each utility
"Owner" = Owner Pays, "Tenant" = Tenant Pays, "N/A" = Utility Not Provided

Electricity Water
Sewer Cable
Gas Garbage
Other
Other

Furnished to Unit

 Range    Disposal    Blinds
 Dishwasher    Refrigerator  
 Garbage Can    Dumpster
Other
Other

Landscaping

Tenant(s) shall mow, water and maintain lawn and landscaping in like manner in which it was received, unless otherwise indicated in writing.

Marijuana

No marijuana, medical or recreational, may be grown, stored, processed, smoked or consumed on the premises without the prior written consent of Owner/Agent.

Occupancy of Premises

  • Only the following person(s) shall occupy the premises:

Payments to Owner/Agent

  • Owner/Agent:
  • Address:
  • City/State/Zip:
  • Phone:
  • Email:

For Services of Notices to Owner/Agent

  • Address:
  • City/State/Zip:

  • Include description of where to post notice (See #12), such as “front door,” “side door,” “gate,” etc.

Emergency Contact for Tenant

  • Person to notify in case of emergency or death of Tenant: (See # 12 page 3)
  • Name:
  • Relationship:
  • Address:
  • City: , State: Zip:
  • Phone: Email:

Utility or Service Charge Disclosure

Utility benefiting other Tenants or common area:

Basis for allocation of utility or service charge for common areas:
Square footage by number of units or $ per
Utility charges must be paid by: to avoid $50 late fee.
If left blank, utility charge must be paid within 30 days of date of Owner/Agent billing to avoid assessment of late charge.

Parking - Storage - Mail

Parking Space(s)
Storage Space
Mailbox #

Pets Allowed ?

No        Yes 
If yes, see attached Pet Agreement

Disclosures

  1. Recycling IS IS NOT available
  2. If checked, Smoking is restricted/prohibited on the premises.
  3. If checked, the dwelling unit is located in a 100-year flood plain, as determined by the National Flood Insurance Program.
  4. If checked, the unit is listed for sale.
  5. If checked, the unit is in foreclosure or default.
  6. If checked, Owner/Agent may enter the exterior of the premises at any reasonable time for landscaping and/or maintenance.
  7. Other:

Rules & Regulations

  1. Prohibited Items: No aquariums, water beds, pianos, organs, swimming pools, trampolines or fire pits may be kept or used without the prior written consent of Owner/Agent. No satellite, cable, security equipment or other similar equipment may be attached to the roof, siding or any structural component of the dwelling unit without the prior written consent of Owner/Agent. No banners, signs or flags may be posted or flown without written consent of Owner/Agent.
     
  2. Guests: Written permission from the Owner/Agent is required if guest remains more than days/nights in any month period (if left blank then - 7 days/nights in any one month period.)
     
  3. Tenant Contact Info: Tenant(s) agrees to provide updated phone, cell and email address to Owner/Agent when applicable.
     
  4. Property Condition: Tenant(s) shall return premises to Owner/Agent in clean condition. The Owner/Agent’s definition of “clean” is binding on all parties.
     
  5. Tenant and Guest Conduct: Tenant(s) shall restrict all sounds or noise to a reasonable volume. Tenant(s) and their Guest(s) shall conduct themselves in a manner that will not disturb their neighbor’s peaceful enjoyment of their premises, including common areas.
     
  6. Notice of Absence: Tenant(s) shall notify Owner/Agent of any anticipated absence from the premises in excess of 7 days, no later than the first day of the absence.
     
  7. Entry into Premises: Tenant(s) shall not unreasonably withhold consent to Owner/Agent to enter premises to inspect, make repairs or improvements, or to show the unit to prospective buyers or tenants. Owner/Agent may enter the premises without consent in an emergency, to post notices, or at any reasonable time with 24-hour notice or with permission of Tenant(s). If boxes are checked, Tenant(s) agrees to allow the use of text messages or email, or both for the purpose of submitting maintenance requests to Owner/Agent and for providing 24-hour notice to enter by Owner/Agent to Tenant(s).
     
  8. Sublease: Tenant(s) shall not transfer their interest(s) in this agreement or sublet the premises, or any part of the premises.
     
  9. Insurance: Owner/Agent will not be liable or responsible in any way for loss or damage to any property belonging to Tenant(s) or their guests unless caused intentionally or negligently by Owner/Agent. Tenant(s) is responsible to maintain their own fire and theft insurance for their personal property. Tenant(s) is also responsible for liability coverage for damage or fire caused by them or their guest’s negligence. If checked, Renter’s Insurance is required – Tenant is also required to maintain minimum of $100,000 liability coverage and add Owner/Agent as Interested Party. If Tenant(s) combined household income falls at or below 50% of the median for the area, Renter’s Insurance may not be required. Owner/Agent is responsible to maintain their own insurance policy and may not “self insure” if Renter’s Insurance is to be required. Owner/Agent must provide proof of property insurance to Tenant upon request.
     
  10. Rent Increases: If lease expires and converts to a month-to-month tenancy, rent may be increased with a 90-day written notice. Rent increases may not be effective prior to the end of the first year of tenancy.
     
  11. Abandonment: Tenant(s) agrees that any belongings, personal property or motor vehicles left on the premises, after termination of tenancy by any means, shall be considered abandoned and may be disposed of in the manner provided by law.
     
  12. Notices: All required notices shall be delivered in the manner provided by law to Owner/Agent or Tenant(s). Any notice served by first class mail ONLY must include an additional 4 days for delivery, including date of service. Where allowed by law, notices may be served by first class mail and on the same day attached in a secure manner to the main entrance to the main portion of the premises of which Tenant(s) has possession or to the Owner/Agent at the address provided above in section entitled, “For Service of Notices to Owner/Agent.” As required by law, Owner/Agent’s designated service address must be described with particularity, reasonably located in relation to the Tenant(s), and available at all hours. Tenant has designated the “person to notify in case of death or emergency” as the person, if the Tenant is living alone, having the same rights and responsibilities as the Tenant regarding personal property. Owner/Agent does not waive the right to terminate tenancy by simultaneously or subsequently served notices.
     
  13. Use of Premises, Maintenance and Repair: The premises shall be used only as a dwelling unit. Tenant(s) shall use all electrical, plumbing, sanitary, heating, ventilation, air conditioning and appliances on the premises in a safe and reasonable manner. ALL REPAIR REQUESTS MUST BE SUBMITTED IN WRITING TO OWNER/AGENT. No credit for repairs or improvements shall be allowed without Owner/Agent’s prior written approval. Alterations to the dwelling unit without the prior written consent of Owner/Agent are strictly prohibited and may be cause for termination of the tenancy.
     
  14. Damage to Property: Tenant(s) is responsible for all damages to property or premises caused by stoppage of waste pipes or overflow of bathtubs, toilets, or washbasins, unless caused by circumstances beyond their control (such as roots in the pipes). Tenant(s) must pay for any damage to the building or furnishings other than normal wear and tear. Tenant(s) shall not tamper with or make any alterations to the premises, including changing locks, without written permission of Owner/Agent. Tenant(s) agrees that Owner/Agent is not required to make a repair caused by Tenant(s) in order for Tenant(s) to be liable for the cost of the repair. Tenant(s) may be held liable for rent while the dwelling unit is being cleaned or repaired, if the cleaning or repair results from the Tenant’s noncompliance with this agreement. All damage caused by Tenant(s) shall be repaired or replaced at the Tenant’s expense.
     
  15. Trash Receptacles: Tenant(s) shall promptly remove trash receptacles from the street within 24 hours after garbage pick-up and, when possible, stored so that they are not visible from the street. All trash shall be bagged or sealed prior to placing in trash receptacles. Tenant(s) are prohibited from rummaging through trash or recycling bins. No hazardous materials shall be placed in trash receptacles.
     
  16. Wildlife: Due to the potential for damage and spread of disease, Tenant(s) and their guests shall not feed, water or otherwise provide sustenance to feral or wild animals, birds, reptiles, snakes or other such animals.
     
  17. Hazardous Materials: Tenant(s) shall not store hazardous or flammable materials at the premises.
     
  18. Smoke and Carbon Monoxide Alarms: Tenant(s) acknowledges the presence of a smoke alarm(s) and, if required, a carbon monoxide alarm(s) in fully operational condition in the unit. Tenant(s) is instructed to test the alarms at least every 6 months and replace the batteries as needed. Tenant(s) shall replace expired batteries with 10-year lithium batteries as required by law. Tenant(s) agrees that Owner/Agent is not liable for loss or damage due to the alarm’s failure to operate. Tenant(s) is required to immediately notify Owner/Agent in writing of any malfunction of the alarm(s). Tenant(s) shall not remove or tamper with a properly functioning alarm, including removing any working batteries. Tenant(s) agrees to pay a fee of $250.00 for each violation.
     
  19. Limited Liability: Owner/Agent shall not be liable for damages of any kind caused by lack of heat, refrigeration, or other services to the premises arising out of any accident, act of God, or occurrence beyond the control of Owner/Agent. Tenant(s) further agrees to be responsible for and to pay for damages, fines, or fees incurred by Owner/Agent caused by acts of Tenant(s), pets, or guests.
     
  20. NSF Payments: Should any payment made by or on behalf of any Tenant(s) be returned by the financial institution for insufficient funds, Owner/Agent may require that all subsequent payments be made in certified funds only (cashier’s check or money order), for the remainder of the tenancy.
     
  21. Non-Compliance Fees: Owner/Agent may charge noncompliance fees as listed on page 1 of this agreement for subsequent violations occurring within one year from issuance of written warning notice of a specific violation. Noncompliance fees for keeping an unauthorized pet capable of causing damage may be charged as early as 48 hours after effective date of written warning notice and for each additional 48-hour period during which the unauthorized pet remains on the premises. For smoking/vaping in a clearly designated non-smoking/vaping unit or area of the premises, Owner/Agent may charge noncompliance fees as early as 24 hours after effective date of written warning notice for each subsequent violation. Late fees and dishonored check fees are due immediately upon default by Tenant(s). Tenancy may be terminated as allowed by law for failure to pay outstanding fees.
     
  22. Carpet Cleaning: If Owner/Agent had carpets cleaned using specialized equipment, or had the carpets replaced before the Tenant(s) took possession, Owner/Agent may deduct the cost of carpet cleaning from the Tenant’s security deposit regardless of whether the Tenant(s) cleaned the carpets before the delivery of possession.
     
  23. Lease Enabling/Trespassing: Owner/Agent retains the power to exclude non-residents from the common areas of the property if they violate the rules of the complex. Owner/Agent retains control over the common areas of the premises for the purposes of enforcing state trespass laws and shall be the “person in charge.”
     
  24. Termination: If the ending date of the lease falls within the first year of occupancy, Owner/Agent may terminate the tenancy at any time within the first year by providing 30-days’ written notice of nonrenewal of lease. First year of tenancy includes all periods during which any of the Tenant(s) has resided in the dwelling unit for less than one year. Such notice may be served prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later. Regardless of length of tenancy, proscribed notice periods may be longer in certain local jurisdictions or in subsidized housing. Tenant(s) may terminate a lease at its end by providing a minimum of 30 days’ written notice to Owner/Agent. Failure of either party to provide notice prior to end of the lease shall result in tenancy converting to a periodic agreement (month-to-month), subject to the laws of periodic tenancies.
    After the first year of occupancy, Owner/Agent may terminate a lease only for cause, or with 90-days’ written notice for a Qualifying Landlord Reason: 1) Owner/Agent intends to demolish the unit or convert it to a use other than residential use within a reasonable time; 2) Owner/Agent intends to undertake repairs or renovations to the unit within a reasonable time and the unit is unsafe or unfit for occupancy, or will be unsafe or unfit for occupancy during repairs or renovations; 3) Owner/Agent intends for the property owner or a member of the Owner’s immediate family to occupy the unit as a primary residence, and the Owner does not own a comparable unit in the same building that is available for occupancy at the time the notice is delivered; 4) Owner is selling the property, and has accepted an offer to purchase the unit separately from any other unit from a person who intends in good faith to occupy the unit as their primary residence. (Owner/Agent must provide the notice and written evidence of the offer to purchase the unit to the tenant not more than 120 days after accepting the offer to purchase.) For a nonrenewal of lease under this section to be valid at the time it is delivered to the tenant, Owner must pay the Tenant(s) the equivalent of one month’s periodic rent – unless exempt. Landlords with an ownership interest in four or fewer dwelling units are exempt from payment of the relocation expense.
    Owner/Agent may terminate a fixed-term tenancy upon expiration of the fixed term following written notice given not less than 90 days prior to the specified ending date for the fixed term or 90 days prior to the date designated in the notice for the termination of the tenancy, whichever is later, and: (a) The tenant has committed three or more violations of the rental agreement within the preceding 12-month period and the landlord has given the tenant a written warning notice at the time of each violation; (b) Each written warning notice: (A) Specifies the violation; (B) States that the landlord may choose to terminate the tenancy at the end of the fixed term if there are three violations within a 12-month period preceding the end of the fixed term; and (C) States that correcting the third or subsequent violation is not a defense to termination under this subsection; and (c) The 90-day notice of termination: (A) States that the rental agreement will terminate upon the specified ending date for the fixed term or upon a designated date not less than 90 days after delivery of the notice, whichever is later; (B) Specifies the reason for the termination and supporting facts; and (C) Is delivered to the tenant concurrent with or after the third or subsequent written warning notice.
    Owner/Agent may also terminate this tenancy in the manner provided by law if Tenant(s) fails to pay rent and/or other charges, or fails to comply with any terms or conditions of this agreement, or fails to comply with any obligations under ORS Chapter 90. Owner/Agent accepting partial payment does not waive the right to terminate tenancy if the balance of rent is not paid as agreed in writing. Acceptance of deposit on last month’s rent does not constitute a waiver of Owner/Agent’s right to terminate for nonpayment of rent. Rent or other charges owed by Tenant(s) shall be deducted from Tenant’s security deposit after all Tenants vacate the premises. Tenant(s) must provide a single forwarding address for final accounting.
     
  25. Early Termination: For a Tenant(s) failure to occupy the premises through the lease term for reasons other than those exempt by law, the Tenant(s) shall be responsible for, at Landlord’s sole election, either:
    1.) All amounts owing at the time of surrender, as well as a fee not to exceed 1-1/2 times the monthly rent, including all amounts necessary to return the premises to a rentable condition, minus normal wear and tear; or,
    2.) All amounts necessary to re-lease the dwelling unit, including but not limited to, damages, property care, advertising and administrative costs, and the difference in rent amount through the term should Owner/Agent be unable to re-lease the property at the same rate, as well as all amounts necessary to return the premises to a rentable condition, minus normal wear and tear.
     
  26. Sale or Transfer of Premises: If the rented premises is sold or transferred during the tenancy, all terms of this agreement shall remain in full force and effect until further notice by Owner/Agent.
     
  27. Tenant(s) Jointly and Severally Liable: If the rental unit is occupied by more than one occupant it is agreed that each person will be responsible for the entire rent and all other charges until the account is paid in full. Any prepaid rents or deposits will not be applied until all Tenants legally vacate the premises.
     
  28. Application of Payments: Owner/Agent must apply payments received by tenant(s) in the following order: A) Outstanding rent from prior months; B) Rent for the current month; C) Utility or service charges; D) Late rent charges; E) Damage claims and any other fees or claims owed by the tenant. If the due date for rent payment or other payment falls on a Sunday or national holiday (New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day), Tenant(s) shall be entitled to one additional day to tender payment without penalty.
     
  29. Legal and Collection Fees: Any funds due from Tenant(s) may be consigned to a Collection Agency, Small Claims Court or Circuit Court. Tenant(s) expressly authorizes Owner/Agent to collect any and all costs, fees, expenses, charges, and incurred interest associated with the attempt to collect any debt due under this agreement. Tenant’s financial obligation expressly includes the actual debt and all other costs, fees, expenses, and charges including charges related to collection activity of a Collection Agency. Specifically, this authorization includes charges in excess of the original debt. Interest on the debt to be charged at a rate of 10% per annum, compounded monthly.
     
  30. Unenforceable Provision: If any portion of this agreement should be ruled unenforceable for any reason, all other portions of the agreement shall remain in full force.
     
  31. Charges: Any charges imposed on a owner/agent by a utility or service provider or on behalf of a local government for one or more municipal services or for the general use of a public resource related to the dwelling unit, including fees assessed to support street maintenance or transportation improvements, transit, public safety and parks and open space, but not including real property or income taxes or business licenses or dwelling inspection fees, may be passed through to Tenant(s) as allowed by law. HOA – Any charges imposed upon Owner/Agent by a Homeowner’s or Condominium Association for anyone who moves into or out of a unit within the Association, may be passed through to the Tenant(s) for payment as allowed by law. Re-Key Mailbox(s) – If the mail receptacle associated with the dwelling unit is a locking type, Tenant(s) are solely responsible for the fees charged by the Postmaster for the re-keying of the box should a key not be provided by the Owner/Agent, or if the box has not been re-keyed between tenancies.
     
  32. Co-signers: If this rental agreement is secured by a co-signer, Owner/Agent reserves the right to notify the Co-signer about any information related to the tenancy deemed necessary, but shall be under no obligation to do so.
     
  33. Attachments to the Agreement: The following are attached and are made a part of this agreement.
     
    • #3 Pet Agreement
    • #9 Check In/Check Out
    • #11 Smoke Alarm & CO Agreement
    • #21 Deposit Refund Checklist
    • #27 Smoke/Vape Free Agreement
    • #33 Rules & Regulations
    • #46 Assistance Animal Agreement
    • #47 Parking Agreement
    • #51 Lead Paint Disclosure
    • #52 Co-Signer Agreement
    • #54 Mold Prevention
    • #65 Exterior Care Agreement
    • #66 Weatherization Agreement
    • Other
    • Other

  34. Signature Block: Where used in this agreement “Owner/Agent” means “Landlord” as defined in ORS 90.100. All parties acknowledge having read and understand all pages and attachments to this agreement. All questions have been answered.
     
  • Tenant__________________ Date_________ Tenant_________________ Date_________
  • Tenant__________________ Date_________ Tenant_________________ Date_________
  • Owner/Agent__________________ Date________________

     

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1462 Commercial St. NE, Salem, OR 97301
Phone: 503-364-5468 | Fax: 503-585-8119

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