HomeMy WebLinkAboutGarcia, Jose - Residential Month to Month Rental Agreement RESIDENTIAL MONTH TO MONTH
RENTAL AGREEMENT
THIS RESIDENTIAL MONTH TO MONTH RENTAL AGREEMENT, is made
this VII r$ day of 414 /4 , 2009, between the City of Yakima ( "City "), or
"Landlord," and Jose Garcia, hereinafter "Tenant."
Landlord does, by this AGREEMENT consent to rent a portion of the property
commonly known as 7906 Cowiche Canyon Road, situated in Yakima, Yakima County,
Washington upon the following terms and conditions:
1. Term. The term of this AGREEMENT shall be for 30 days beginning
and shall terminate no later than 30 days thereafter, but will be automatically renewed for
additional months unless cancelled in writing by either party with notice to the City
provided by first class mail or hand- delivered to: R. A. Zais, Jr., City Manager, City of
Yakima, 129 North Second Street, Yakima, WA 98901. Tenant covenants that no illegal
drug activity will be conducted on the rental premises. Drug related activity means any
activity which constitutes a violation of Chapter 69.41, 69.50, or 69.52 RCW. In the
event that Tenant violates this provision, this AGREEMENT may be terminated by the
Landlord.
2. Rent. The Tenant shall pay rent in the amount of Six Hundred Dollars
($600) per month for the Premises on the first day of each month in advance to Landlord.
Payment is due at: City of Yakima, 129 N. 2 Street, Yakima, WA 98901.
3. Refund. If the Tenant gives at least 7 days advance notice of
termination and vacates the rented premises prior to the end of the paid rental period, a
prorata refund will be granted by the City. If the Tenant gives advance notice of
termination and vacates the rented premises during the first 30 days of this
AGREEMENT, the City will refund all rent paid.
4. Late Charge. If any payment of rent or if any other sum due the City is
not received by the City on or before the due date, a late charge of one percent (1 %) per
day of the rent due and unpaid plus a $25.00 administration fee shall be added to the
amount due and the total sum shall become immediately due and payable to the City. If
the rent payment is not received by the 10 of the current month, the late fees as stated
will be calculated from the due date and will take effect and become immediately due and
payable to the City. Each additional month that the amount due goes unpaid shall be
subject to a late charge of one percent (1 %) per day of that month's rent plus one percent
(1 %) on the balance forward and an administration fee of $25.00 for each month in
arrears. Acceptance of late payment charges and /or any portion of the overdue payment
by the City shall in no event constitute a waiver of Tenant's default with respect to such
overdue payment, nor prevent the City from exercising any other rights and remedies
granted in the AGREEMENT. When late payments exist, any payments received will be
applied first to the late payment and may include late payment fees.
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5. NSF Checks. A fee shall be charged as provided for in WAC 468 -20-
900 for any check returned as uncollectible.
6. Utilities /Assessments. The Tenant further agrees to promptly pay all
bills for utilities or other services supplied to the premises in addition to the above rent.
All assessments and charges not specifically assumed by the City herein are the
obligation of and payable by the Tenant.
7. Occupancy Limits and Requirements. The dwelling, which is the
tenant's primary place of residency, shall be occupied by no more than a single family.
The family occupying the rental unit must be that of the tenant and includes the tenant.
8. Fixtures /Improvements. Tenant shall not remove any fixtures, or alter
or make improvements to the premises unless agreed to by the City in writing and any
such fixtures and improvements shall remain upon and be surrendered with the premises
at the termination of this rental AGREEMENT.
9. Personal Property. Upon taking possession of the premises, either upon
termination of this AGREEMENT or upon abandonment of said premises by the Tenant,
the City or its Agent may remove from the premises all personal property of the Tenant
located therein and place the same in storage at a public warehouse at the expense and
risk of the owners thereof. Personal property so stored shall be subject to the rules and
regulations as set down by such public warehouse. Disposition of any personal property
shall be subject to the Residential Landlord- Tenant Act, RCW 59.18.
10. Hold Harmless. Tenant, its successors or assigns, will protect, save and
hold harmless Yakima City, its authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the Tenant, its assigns, agents, contractors, licensees, invitees, employees or
any person whomsoever arising out of or in connection with any acts or activities
authorized by this AGREEMENT, whether those claims, actions, costs, damages, or
expenses result from acts or activities occurring on or off the premises. The Tenant
further agrees to defend the City, its agents or employees, in any litigation, including
payment of any costs or attorney's fees, for any claims or actions commenced thereon
arising out of or in connection with acts or activities authorized by this AGREEMENT.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the City or its authorized agents or employees; provided,
that if the claims or damages caused by or result from the concurrent negligence of (a) the
City, its agents or employees, and (b) the Tenant, its agents or employees, and involves
those actions covered by RCW 4.24.115, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Tenant or Tenant's agents or
employees.
11. Sublet. The Tenant agrees not to sublet said Premises nor assign this
AGREEMENT or any part thereof, without the prior written consent of Landlord.
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12. Tenant's Obligations.
Tenant shall:
(a) keep said Premises in a neat, clean and sanitary condition at all
times; and
(b) properly dispose of rubbish, garbage and waste in a clean and
sanitary manner at reasonable and regular intervals and pay all costs of
extermination and fumigation for infestation caused by Tenant; and
(c) properly use and operate all electrical, gas, heating and plumbing
facilities, fixtures and appliances; and
(d) not intentionally or negligently destroy, deface, damage, impair or
remove any part of the Premises, their appurtenances, facilities,
equipment, furniture, furnishings and appliances, nor permit any family
member, guest, invitee, licensee or other person acting under Tenant's
control to do so; and
(e) not permit a nuisance or common waste.
13. Maintenance of Premises. Tenant shall be responsible for and agrees to
use due precaution against freezing of water or waste pipes and stoppage of same in and
about the Premises and in case water or waste pipes are frozen or become clogged by
reason of neglect of Tenant, Tenant shall repair the same at his own expense as well as all
damage caused thereby. Tenant shall further be responsible for and shall repair any
damages to the Premises or any fixtures, appliances or systems located thereon resulting
from misuse or negligence by Tenant or Tenant's guests and invitees.
14. Alterations. Tenant agrees not to make alterations or do or cause to be
done any painting or wallpapering to the Premises without the prior written consent of
Landlord.
15. Use of Premises. Tenant shall use the Premises for residential purposes
only and shall not use said Premises or any part thereof for any illegal purpose. Tenant
agrees to conform to municipal, county and state codes, statutes, ordinances and
regulations concerning the use and occupation of said Premises. Landlord shall maintain
the Premises in substantial conformance with all applicable provisions of municipal,
county and state codes, statutes, ordinances and regulations governing maintenance or
operation of such Premises.
16. Access. The City reserves the right of access to the Premises for the
purposes of:
(a) Inspection;
(b) Repairs, alterations or improvements;
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(c) To supply services; or
(d) To exhibit or display the Premises to prospective or actual
purchasers, mortgagees, tenants, workmen or contractors.
Access shall be at reasonable times except in case of emergency or abandonment.
17. Surrender of Premises. In the event of default in payment of any
installment of rent or at the expiration of the term of this AGREEMENT, Tenant will quit
and surrender the Premises to the City. If this AGREEMENT is for an indefinite time,
termination shall be by written notice of at least thirty (30) days preceding the end of any
such monthly rental period, given by either party to the other. The City shall further have
all rights related to Tenant's default as provided in law or equity.
18. Costs and Attorneys Fees. If, by reason of any default or breach on the
part of Tenant of any of the provisions of this AGREEMENT, a legal action is instituted
by the City, the parties agree the court shall award attorney fees and costs as provided by
Washington law. The parties agree jurisdiction and venue for any action brought under
the terms of this AGREEMENT or action arising from the tenancy shall be in Yakima
County Superior Court.
19. Waiver. No failure of the City to enforce any term of this
AGREEMENT shall be deemed a waiver, nor shall any acceptance of a partial payment
of rent be deemed a waiver of the City's right to the full amount thereof.
20. Governing Law. This AGREEMENT shall be governed by Washington
law.
IN WITNESS WHEREOF, Tenant and Landlord have executed this AGREEMENT as of
the date and year first above written.
LANDLORD: TENANT:
CITY OF YAKIMA, Jose Garcia
a Washington Municipal Corporation
By: % ay
R.A. Zais, Jr.
City Manager
Date: 19 c ej Date:
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