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楼主: 老郭

驱逐房客(Eviction)的经历 by  老郭

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匿名  发表于 2010-11-18 13:07:38
Lao Gu,

Thanks a lot for the information.  This is very needed information for the situation like us as rental owner.
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匿名  发表于 2010-11-23 01:00:22
thanks
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发表于 2011-4-1 10:55:42 | 显示全部楼层
引用第29楼老郭于2010-11-18 11:56发表的  :
刚刚把我驱逐房客用的样板信等加入正文。请批评指正。
你的东西都太实用了,谢谢分享^_^
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匿名  发表于 2011-4-23 13:27:24
谢谢你将经验与大家分享!我在俄勒冈州,也正在搞这个烦心的事情。不知俩地的法律规定相差多少?难啊·!
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匿名  发表于 2011-4-23 17:06:12
这些催房租信,最好有中文,英文,西班牙语,或者看是哪里的租客。不然他们收到信也看不懂,有写等于没有写。
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匿名  发表于 2011-5-24 13:20:37
老郭,很实用啊,非诚感谢,最近我也碰到不交房租的了,正好用到
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匿名  发表于 2011-5-25 22:53:16
你太好了, 我也遇到了同样的问题, 头痛着呢
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 楼主| 发表于 2011-5-25 23:20:01 | 显示全部楼层
样品合同:

RESIDENTIAL HOUSE LEASE AGREEMENT

This Residential House Lease Agreement ("Lease") is made and effective this 20th day of May, 2011 and between                (hereinafter called “Landlord” or the property manager)
and                      (hereinafter called “Tenant”)

In consideration of mutual covenant herein get forth. Landlord leases to Tenant and Tenant leases from Landlord, the residential dwelling with the following address:    123 Abc rd, Norcross,  GA  34567  according to the present system of numbering in and around this area, of xyz  Subdivision/Project and county of Gwinnett, Georgia records together with the Premises and all fixtures, landscaping, improvements, and appurtenances, all being hereinafter collectively referred to as the “Property”

This Lease creates joint and several liabilities in the case of multiple Tenants.

1. PREMISES.
Landlord hereby rents to Tenant and Tenant accepts in its present condition the house at following address (the "House").

2. TERM.
The term of this Lease shall be for 12 months, beginning on JUNE 1, 2011 and ending on MAY 31, 2012. After the 12 month lease, the term is month by month.

If the Tenant decides to terminate this contract before the lease ends, there is a penalty equal to one month’s rent, and if landlord decides to terminate this contract before the lease ends, there is a penalty equal to one month’s rent, and the Landlord must inform the Tenant 60 days in advance.  

3. RENT.
Tenant agrees to pay, without demand, to Landlord as rent for the House the sum of One Thousand One Hundred Dollars ($1100.00) per month in advance by the 1st day of each calendar month. Tenant may send a check to Landlord and shall make sure that the check should arrive at:                 . Payable to:        or the Landlord will impose a late payment charge of $10 per day start from the 1st day of the month. There is a $20 charge for returned check (for any reason). The Tenant may also use electronic payment or deposit cash by the first day of each calendar month to (Landlord’s bank account)

After the 5th days of the month, if the rent is not received, the Landlord or the property manager may start eviction process.

4. SECURITY DEPOSIT.
A. Amount of Security Deposit: Tenant has paid a security deposit in the amount of $1100.00 (“Security Deposit”) by check # 12345 paid to Landlord, the receipt of which is hereby acknowledged. Upon execution of this Lease, Tenant deposits with Landlord cash or a cashier’s check equal to one-month’s rent  as security for the performance by Tenant of the terms of this Lease to be returned to Tenant, without Interest, following the full and faithful performance by Tenant of this Lease. In the event of damage to the House caused by Tenant or Tenant's family, agents or visitors, Landlord may use funds from the deposit to repair, but is not limited to this fund and Tenant remains liable.

B. Return of the Security Deposit: The Security Deposit shall be returned to Tenant by Holder (“Landlord”) within one month from the date Tenant vacate the premises.

C. Deductions from Security Deposit: Holder (“Landlord”) shall have the right to deduct from the Security Deposit: (1) the cost of repairing any damage to Premised or Property caused by the negligence, carelessness, accident or abuse of Tenant, Tenant’s household of their invitees, licensees and guests; (2) unpaid rent, utility charges; (3) cleaning costs if Premises is left unclean; (4) the cost to remove and dispose any personal property; and/or (5) late fees and charges referenced herein. If any portion of the security deposit is going to be withheld by the landlord, written notification and explanation must be provided to Tenant within one month along with any portion of the security deposit the landlord does not intend to keep.  If one month has passed and no money or notice has been received, Tenant may be entitled to damages.


5. QUIET ENJOYMENT.
Landlord agrees that if Tenant timely pays the rent and performs the other obligations in this Lease, Landlord will not interfere with Tenant's peaceful use and enjoyment of the House.

6. USE OF PREMISES.
A. The House shall be used and occupied by Tenant exclusively as a private single-family residence, and shall be occupied only by the 4 (#) persons listed as follows                             Neither the House nor any part of the House or yard shall be used at any time during the term of this Lease for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family residence.

B. Tenant shall comply with all the health and sanitary laws, ordinances, rules, and orders of appropriate governmental authorities with respect to the House.

7. NUMBER OF OCCUPANTS.
Tenant agrees that the House shall be occupied by no more than 2 persons per bedroom without the prior written consent of Landlord.

8. CONDITION OF PREMISES.
A. Tenant agrees that Tenant has examined the House, including the grounds and all buildings and improvements, and that they are, at the time of this Lease, in good order, good repair, safe, clean, and tenantable condition.

B. Landlord and Tenant agree that a copy of the "Joint Inspection," the original of which is maintained by Landlord and a copy provided to Tenant, attached hereto reflects the condition of the House at the commencement of Tenant's occupancy.

9. ASSIGNMENT AND SUBLETTING.
A. Tenant shall not assign this Lease, or sublet or grant any concession or license to use the    House or any part of the House without Landlord's prior written consent.

B. Any assignment, subletting, concession, or license without the prior written consent of Landlord, or an assignment or subletting by operation of law, shall be void and, at Landlord's option, terminate this Lease.

10. ALTERATIONS AND IMPROVEMENTS.
A. Tenant shall make no alterations to the House or construct any building or make other improvements without the prior written consent of Landlord.

B. All alterations, changes, and improvements built, constructed, or placed on or around the House by Tenant, with the exception of fixtures properly removable without damage to the House and movable personal property, shall, unless otherwise provided by written agreement between Landlord and Tenant, be the property of Landlord and remain at the expiration or earlier termination of this Lease.

11. DAMAGE TO PREMISES.
If the House, or any part of the House, shall be partially damaged by fire or other casualty not due to Tenant's negligence or willful act, or that of Tenant's family, agent, or visitor, there shall be an abatement of rent corresponding with the time during which, and the extent to which, the House is untenantable. If Landlord shall decide not to rebuild or repair, the term of this Lease shall end and the rent shall be prorated up to the time of the damage.

12. DANGEROUS MATERIALS.
Tenant shall not keep or have on or around the House any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on or around the House or that might be considered hazardous.

13. UTILITIES.
Tenant shall be responsible for arranging and paying for all utility services, such as natural gas, electricity, water required on the premises. Tenant shall not default on any obligation to a utility provider for utility services at the House. Tenant shall be responsible for taking care of lawn, such as cutting grasses if they are more than 4 inches tall.

The Landlord is responsible for paying the normal household weekly trash collection fee.
Phone # for utilities companies for your reference:
Electricity: 770-963-6166
Water: 678-376-6800
Trash collection: (Paid by landlord)
Natural gas: Gas South: 1-866-762-6427, Georgia Natural Gas: 770.850.6200;  SCANA Energy: 1.877.GO.SCANA (1.877.467.2262)



14. MAINTENANCE AND REPAIR.
A. Tenant will, at Tenant's sole expense, keep and maintain the House and appurtenances in good and sanitary condition and repair during the term of this Lease. In particular, Tenant shall keep the fixtures in the House in good order and repair; keep the furnace clean; and keep the walks free from dirt and debris. Tenant shall, at Tenant's sole expense, make all required repairs to the plumbing, range, oven heating apparatus, electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls whenever damage to such items shall have resulted from Tenant's misuse, waste, or neglect, or that of the Tenant's family, agent, or visitor.

B. Tenant agrees that no signs shall be placed or painting done on or about the House by Tenant without the prior written consent of Landlord.

C. Tenant agrees to promptly notify Landlord in the event of any damage, defect or destruction of the House, or the failure of any of Landlord's appliances or mechanical systems, and except for repairs or replacements that are the obligation of Tenant pursuant to Subsection A above, Landlord shall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system.

15. ANIMALS.
Tenant shall keep no domestic or other animals in or about the House without the prior written consent of Landlord.

16. RIGHT OF INSPECTION.
Landlord or Landlord's agent shall have the right at all reasonable times during the term of this Lease and any renewal of this Lease to enter the House for the purpose of inspecting the premises and/or making any repairs to the premises or other item as required under this Lease.

The Landlord or Landlord's agent will inspect the house at least twice a year.  
Landlord must give notice to enter the rental property
A landlord may enter a rental property to inspect for maintenance problems, make repairs, do work or replace something.
If a landlord wishes to enter a rental unit for one of these reasons, the landlord must give the tenant written or phone call notice at least 24 hours before the landlord plans to enter.
The written or phone call notice must include:
·    The reason why the landlord wishes to enter,
·    The date the landlord will enter, and  
·    A time of entry between 8:00 a.m. and 8:00 p.m.

17. DISPLAY OF SIGNS.
During the last thirty (30) days of this Lease, Landlord or Landlord's agent may display "For Sale" or "For Rent" or "Vacancy" or similar signs on or about the House and enter to show the House to prospective purchasers or tenants.



18. HOLDOVER BY TENANT.
Should Tenant remain in possession of the House with the consent of Landlord after the expiration of the Term of this Lease, a new tenancy from month to month shall be created which shall be subject to all the terms and conditions of this Lease, but shall be terminable on thirty (30) days by either party or longer notice if required by law. If Tenant holds over without Landlord's consent, Landlord is entitled to double rent, pro-rated per each day of the holdover, lasting until Tenant leaves the House.

19. SURRENDER OF PREMISES.
At the expiration of the Lease, Tenant shall quit and surrender the House in as good a condition as it was at the commencement of this Lease, reasonable wear and tear and damages by the elements excepted.

20. FORFEITURE OF SECURITY DEPOSIT - DEFAULT.
It is understood and agreed that Tenant shall not attempt to apply or deduct any portion of any security deposit from the last or any month's rent or use or apply any such security deposit at any time in lieu of payment of rent. If Tenant fails to comply, such security deposit shall be forfeited and Landlord may recover the rent due as if any such deposit had not been applied or deducted from the rent due. For the purposes of this paragraph, it shall be conclusively presumed that a Tenant leaving the Premises while owing rent is making an attempted deduction of deposits. Furthermore, any deposit shall be held as a guarantee that Tenant shall perform the obligations of the Lease and shall be forfeited by the Tenant should Tenant breach any of the terms and conditions of this Lease. In the event of default, by Tenant, of any obligation in this Lease which is not cured by Tenant within fifteen (15) days notice from Landlord, then in addition to forfeiture of the Security Deposit, Landlord may pursue any other remedy available at law, equity or otherwise.

21. ABANDONMENT.
If at any time during the term of this Lease, Tenant abandons the House or any of Tenant's personal property in or about the House, Landlord shall have the following rights: Landlord may, at Landlord's option, enter the House by any means without liability to Tenant for damages and may relet the House, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting; Also, at Landlord's option, Landlord may hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by Landlord by means of such reletting. Landlord may also dispose of any of Tenant's abandoned personal property, as Landlord deems appropriate, without liability to Tenant. Landlord is entitled to presume that Tenant has abandoned the House if Tenant removes substantially all of Tenant's furnishings from the House, if the House is unoccupied for a period of two (2) consecutive weeks, or if it would otherwise be reasonable for Landlord to presume under the circumstances that the Tenant has abandoned the House.

22. SECURITY.
Tenant acknowledges that Landlord does not provide a security alarm system or any security for the House or for Tenant.  Tenant hereby releases Landlord from any loss, suit, claim, charge, damage or injury resulting from lack of security or failure of security.
23. SEVERABILITY.
If any part or parts of this Lease shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.

24. INSURANCE.
Tenant acknowledges that Landlord will not provide insurance coverage for Tenant's property, nor shall Landlord be responsible for any loss of Tenant's property, whether by theft, fire, acts of God, or otherwise.

25. BINDING EFFECT.
The covenants and conditions contained in the Lease shall apply to and bind the heirs, legal representatives, and permitted assigns of the parties.

26. GOVERNING LAW.
It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia.

27. ENTIRE AGREEMENT.
This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Lease is hereby superseded. This Lease may be modified only by a writing signed by both Landlord and Tenant.

28. NOTICES
Any notice required or otherwise given pursuant to this Lease shall be in writing; hand delivered, mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, if to Tenant, at the House and if to Landlord, at the address for payment of rent.

29. Move-in Inspection
Prior to Tenant tendering a Security Deposit, Landlord shall provide Tenant with “Move-In, Move-Out Inspection Form” attached hereto and incorporated hereinafter (the”Form”) itemizing any existing damages to Property. Prior to taking occupancy, Tenant will be given the right to inspect Property to ascertain the accuracy of the Form. Both Landlord and Tenant shall sign the Form. Tenant shall be entitled to retain a copy of the Form. Tenant acknowledges that Tenant has carefully inspected Property in which Premises are located and is familiar with the same.


30. SPECIAL STIPULATIONS  
1.    The refrigerator, wash machine and dryer are believed in good working condition at the time of signing this contract. In the future, if there is any problem with the refrigerator, wash machine and dryer, the Landlord is NOT responsible for repairing or replacing. It is up to the Tenant, and Tenant’s expenses to repair or replace.  
2.    Tenant will bring his/her own washer and dryer machines.
3.    In the future, if there is any problem with the refrigerator, the Tenant will replace the refrigerator at his/her solo expense and will take the refrigerator when decide to leave the property.
4.    Tenant shall be responsible for paying for the first $25.00 of any minor repairs.
5.    Landlord will use one room in basement to store and secure his/her personal items. Storage of personal property/items by Landlord in Premises or in any other portion of Property shall be at Landlord’s risk and Tenant shall not be responsible for any loss of damage. Tenant will not have access to Landlord storage room.
.


IN WITNESS WHEREOF, the parties hereto have set their hand and seal the day and year first written above.




Landlord’s Signature        Date            Tenant’s Signature        Date                        


                    
Print or Type Name                    Print or Type Name



Landlord’s E-mail Address                Tenant’s Signature        Date


                           
                           
Print or Type Name




Tenant’s E-mail Address



Tenant’s cell phone number



Tenant’s work phone number
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匿名  发表于 2011-5-27 03:00:59
谢谢分享。
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发表于 2011-5-27 15:07:47 | 显示全部楼层

回 37楼(老郭) 的帖子

谢谢。老郭真是好人。
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