House of Anahatlan Residential Lease Agreement
This Lease Agreement (the "Agreement") is made and entered on _______________ (the "Effective Date") by and between Atlan, LLC (the "Landlord") and the following tenants:
Subject to the terms and conditions stated below the parties agree as follows:
1. Property. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant a single room and access to all common areas including kitchen, bathrooms and outdoor areas described below, located at 105 Nestor Peak Rd, White Salmon, Washington 98672 (the "Property").
2. Term. This Agreement will begin on _________________ (the "Start Date"), and will continue from that date as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. Landlord may terminate the tenancy by giving written notice as provided by law.
A) Additional Terms of the Tenancy: Trial Period & Community Living
The first six months of tenancy will be a month-to-month trial period, at the end of which the tenant’s fit with the house will be evaluated. If the evaluation is harmonious and an agreement is made that the tenant will stay on as a resident, the tenant is then eligible for a one year residential lease.
B) Tea Date, Questionnaire & Exit Interview
As part of your application process you must fill out the Residential Questionairre and participate in a tea date where you are able to meet all residential members and have a Q&A session with them. Upon your termination of your residency you are required to complete and exit interview.
C) Decision Making
For the first six months of a tenant's rental period, tenant will share in group decision making however will not be empowered to prevent any action from taking place via the use of a “paramount objection” such as rejecting another new tenant or proposed work on the house or grounds.
D) Conflict Resolution
Being committed to conflict resolution is part of living in a Community. All tenants and long term residents agree to use conflict resolution tools including but not limited to: restorative circles and/or one-on-one mediations. If you choose not to participate in the conflict resolution process this may be grounds for termination of your rental agreement.
Tenant will vacate the Property upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy will be created which either party may terminate as specified above. All other terms and conditions of this Agreement will remain in full force and effect.
3. Management. The Tenant is hereby notified that Atlan, LLC is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact Atlan, LLC by one of the methods below:
Address: 37 Nestor Peak Rd, White Salmon, Washington 98672 Telephone: 206-898-9206
Phone: Margo 503-891-1518 or La 206-898-9206
4. Rent. There will be no rent increases through the initial term of the lease. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant.
Payments should be arranged through automatic bank transfer or deposited in the payment box at:
Payment address: 37 Nestor Peak Rd, White Salmon, Washington 98672, or at such other place as Landlord may designate from time to time.
Payments can be made by using one of the following methods of payment:
Acceptable forms of payment:
Tenant agrees to submit rent payments by one of the methods above. In the event of roommates, or another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due date stated herein. Mailed payments must be received on or before the due date. Rent payments for any partial month will be pro-rated at the rate of 1/30th of the monthly rent payment per day. You may make a request for a written receipt from the Landlord for all monies paid. 5. Security Deposit & Last Month's Rent. At the time of signing this Agreement, Tenant must pay to the Landlord a security deposit in the amount of half the monthly rent $________________ (the "Security Deposit") and the last month's rent. Landlord may use therefrom such amounts as are reasonably necessary to remedy Tenants' default in the payment of rent, repair damages to the Property exclusive of ordinary wear and tear, and to clean the Property if necessary. Tenant & Landlord may make an arrangement for the payment of the deposit and last month's rent over a period of time not more than one year. If at the time of termination of this rental agreement the deposit and last month’s rent has not been paid in full it will be due in full at the time of written 30 day notice to vacate the property. In accordance with RCW 59.18.270, the Security Deposit will be deposited in an account at the following Washington financial institution: Bank name: Umpqua Bank
Bank address: 73 NE Estes Ave, White Salmon, Washington 98672. At the end of the tenancy, Tenant will provide Landlord with a forwarding address to which any refund will be sent with a written list of reasons why Landlord retains any portion of the deposit. Landlord and Tenant agree an Inventory and Inspection Checklist (attached hereto) is required to collect a deposit per RCW 59.18.260. The Inventory and Inspection Checklist will be used to determine the refund of the Security Deposit at the end of the tenancy. Within twenty-one (21) days after the termination of the rental agreement and vacation of the premises or, if the Tenant abandons the premises as defined in RCW 59.18.310, within twenty-one (21) days after the Landlord learns of the abandonment, the Landlord shall give a full and specific statement of the basis for retaining any of the deposit together
with the payment of any refund due the Tenant under the terms and conditions of the rental agreement. The Landlord complies with this section if the required statement or payment, or both, are delivered to the Tenant personally or deposited in the United States mail properly addressed to the Tenant's last known address with first-class postage prepaid within the twenty-one (21) days.
6. Non-Sufficient Funds. Tenant will be charged a monetary fee of $20.00 as reimbursement of the expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient funds. In addition, a check returned due to insufficient funds will be subject to any and all late payments provisions included in this Agreement (if any). All charges will be immediately due from Tenant and failure to make immediate payment will constitute a default under the terms of this Agreement.
Landlord reserves the right to demand future payments by cashier's check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Landlord as a payee of a dishonored check. Landlord and Tenant agree that three (3) returned checks in any 12 month period constitutes frequent return of checks due to insufficient funds and may be considered a just cause for eviction.
7. Late Payments. In the event that any payment required to be paid hereunder by Tenant is not made within 6 days of when due, Tenant will pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of $20.00.
8. Failure to Pay. Tenant is hereby notified that a negative credit report reflecting on Tenant's credit history may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this Agreement.
9. Occupants. The only persons who may live on the Property during the term of this Agreement are: - _________________
Anahatlan is part of Atlan Community and the protocol for guests includes a nightly contribution of $10 unless other arrangements are in place prior to the guests' stay at Anahatlan. Guests that are significant others staying in the Tenant’s room, will be limited to 2 times per week and further stays must be discussed by the Household with contribution to the LLC for utilities and to the household for sundries, to be discussed further with the Owner/Member of the LLC (Laurrien Gilman). Please also check with all members of the House prior to guests staying in your personal room.
Tenant may have guests on the Property for not over 14 consecutive days in a calendar year, and no more than two guests per bedroom at a time. Persons staying more than 14 consecutive days in any calendar year will NOT be considered original occupants of the Property and must establish their own residential agreement. Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Property for more than 14 consecutive days or 0 days in a calendar year.
10. Possession. Tenant will be entitled to possession of the Property on the first day of the term of this Agreement, and will yield possession to the Landlord on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant will remove its goods and effects and peaceably yield up the Property to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
11. Use of Property/Absences. Tenant will occupy and use the Property as a full-time residential dwelling unit. Tenant will notify Landlord of any anticipated extended absence from the Property not later than the first day of the extended absence.
No retail, commercial or professional use of the Property is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant to obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.
The failure to abide by the provisions of this section will constitute a material breach of this Agreement and is a just cause for eviction.
12. Appliances. The following appliances will be provided by Landlord: - Stove
Tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.
13. Storage. Tenant will be allowed use of the following additional storage: designated storage space is allocated to each resident. Space will be designated upon the first day of your tenancy.
Tenant will store only personal property Tenant owns, and will not store property claimed by another or in which another has any right, title or interest. Tenant will not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances. Landlord will not be liable for loss of, or damage to, such stored items.
14. Parking. You may park one vehicle per person in the driveway. Additional vehicles must be approved prior to parking them at the House.
15. Roof/Fire Escapes. Use of the roof and/or the fire escapes by Tenants and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property.
16. Pets. Tenant is not allowed to keep any animals or pets on or about the Property without Landlord's prior written consent, except for the following:
Number of pets allowed: 1 Type of pets allowed:
Weight limit for each pet: No pets larger than 20 lbs.
17. Keys and Locks. No keys are provided at this time. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Property without Landlord's approval prior to installation.
18. Smoking. Smoking is prohibited indoors or near common entrances. This policy applies to all owners, tenants, guests, employees, and servicepersons. The Tenant will be liable for any damages caused to the Property due to Tenant or Tenant's visitors or guests smoking in or on the Property. Any violation of this policy will be seen as a breach of this Agreement and the Landlord will be entitled to all remedies allowable by law including eviction.
19. Smoke Detectors. Landlord has provided Tenant with functional smoke detectors. All smoke detectors have been checked and are operational.
Tenant must maintain all smoke detectors, including battery replacement. Tenant will not tamper with or otherwise disable smoke detectors, or Tenant may face a fine up to $200 under RCW 43.44.110/WAC 212.10.050. Tenant must check smoke detectors monthly and report any problems to Landlord. Tenant may be liable for damages if he or she has no maintained smoke detectors.
20. Maintenance. Landlord will have the responsibility to maintain the Property in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability, except that Tenant will be responsible for the following:
- In addition to standard community house cleaning and chores each resident is required to participate in a minimum of 4 hours maintenance and/or work parties for maintaining the property.
Except in an emergency, all maintenance and repair requests must be made in writing and delivered to the Landlord or property manager. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. A repair request will be deemed permission for the Landlord or property manager to enter the Property to perform such maintenance or repairs in accordance with this Agreement unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlord or property manager's access or entry. Landlord will have the expectation that the Property is in a safe and habitable condition upon entry.
21. Repairs. The Tenant must notify the Landlord of all damages and defects known to or discovered. This notification is for the Landlord's information only. The Landlord is not obligated to repair the damage or defect unless obligated to repair under Washington Residential Landlord-Tenant Act of 1973.
22. Deductions in Rent. Unless the Landlord has agreed in writing or is required by the Washington Residential Landlord-Tenant Act of 1973, the Tenant cannot offset, reduce or claim a credit in rent for Tenant's actual or imputed costs of labor or materials for repairs, maintenance, alterations, improvements, or other work done to the property; and Landlord is not required to remit payment, compensate or otherwise reimburse the Tenant.
23. Utilities and Services. Tenant will pay directly for all utilities, services, and charges provided to the Property, including any and all deposits required, except for the following, which will be paid by Landlord:
24. Water-Heater. Pursuant to RCW 19.27, the State of Washington requires that upon occupancy, the Temperature control in an accessible domestic hot-water heater within a rental dwelling be set no higher than 120 degrees Fahrenheit.
Resident acknowledges that, if accessible, Resident has inspected the hot-water heater and to the best of Resident's knowledge does not believe it to be set higher than 120 degrees Fahrenheit.
25. Default. Tenant will be in default of this Agreement if Tenant fails to comply with any material provisions of this Agreement by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation (or any other obligation) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action will be added to Tenant's financial obligations under this Agreement. All sums of money or charges required to be paid by Tenant under this Agreement will be additional rent, whether or not such sums or charges are designated as "additional rent." The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
26. Termination upon Sale of Property. Notwithstanding any other provision of this Agreement, Landlord may terminate this Agreement upon 30 days' written notice to Tenant that the Property has been sold.
27. Early Termination. Tenant may, upon 30 days' written notice to Landlord, terminate this Agreement provided that the Tenant pays a termination fee equal to $0.00 or the maximum allowable by law, whichever is less. Termination will be effective as of the last day of the calendar month following the end of the 30 day notice period. The termination fee is in addition to all rent due up until the termination day.
28. Military Termination. In the event, the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Property is located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, then in any of these events, the Tenant may terminate this lease upon giving thirty (30) days written notice to the Landlord. The Tenant will also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer, reflecting the change, which warrants termination under this provision. The Tenant will pay prorated rent for any days (he/she) occupies the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Property.
29. Condition of Property. Tenant stipulates, represents and warrants that Tenant has examined the Property, and that they are at the time of this Agreement in good order, repair, and in a safe, clean and tenantable condition.
30. Alterations and Improvements. Tenant will make no alterations to the buildings or improvements to the Property or construct any building or make any other improvements on the Property without the prior written consent of the Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Tenant will, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement.
31. Hazardous Materials. Tenant will not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
32. Damage to Property. If the Property is damaged or destroyed as to render it uninhabitable, then either Landlord or Tenant will have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other party to be given within 20 days of occurrence of such damage. However, if such damage should occur as the result of the conduct or negligence of Tenants or Tenants' guests or invitees, Landlord will have the right to termination and Tenants will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.
33. Landlord Access to Property. Landlord and Landlord's agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon. Tenant will make the Property available to Landlord or Landlord's agents for the purposes of making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord will give Tenant reasonable notice of intent to enter. For these purposes, forty eight (48) hour written notice will be deemed reasonable. This is in accordance with RCW 59.18.150.
34. Indemnity Regarding Use of Property. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Property, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or agent from any and all liability for loss or damage to Tenant's property or effects whether on the Property, garage, storerooms or any other location in or about the Property, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or agents.
35. Accommodation. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenants responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability.
36. Compliance with Regulations. Tenant will promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
37. Renters Insurance: Tenant acknowledges that Landlord’s property insurance policy will not cover damages to or loss of Tenant’s personal property. Tenant will obtain a renter’s insurance policy that will:
~reimburse Landlord for the cost of fire or water damage caused by Tenant or Tenant’s guests and vandalism to the premises.
~indemnify Landlord against liability to third parties for any negligence on the part of the Tenant, Tenant’s guests, or invitees, and
~cover damage to Tenant’s personal possessions to a minimum of $100,000
38. Statutory Obligations. Tenant's obligations can be found in RCW 59.18.130. Landlord's obligations can be found in RCW 59.18.060.
39. Mechanics Liens. Neither Tenant nor anyone claiming through the Tenant will have the right to file mechanics liens or any other kind of lien on the Property and the filing of this Agreement constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Property free of all liens resulting from construction done by or for the Tenant.
40. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists, or may be given later by the Landlord, with respect to the Property.
41. Assignment and Subletting. Tenant may not assign or sublease any interest in the Property, nor assign, mortgage or pledge this Agreement. This is a blanket prohibition, meaning no replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed on the Property even if a Tenant leaves the Property. This prohibition applies to each and every term of this Agreement in regard to space leased to Tenant. Any waiver of this prohibition must be secured from the Landlord in writing. In the event the prohibition is invalidated or lifted, Tenant, Landlord and any subtenant or assignee agrees to be bound by each and every provision contained in this Agreement.
42. Additional Provisions; Disclosures.
The first six months of tenancy will be a trial period, at the end of which the tenant's fit with the house will be evaluated. If the evaluation is positive and an agreement is made that the tenant will stay on as a resident, a lease will then be signed for
a subsequent term of one year. Once the tenant's rental arrangement has transitioned to month-to-month, should the tenant decide to leave, thirty days notice must always be provided.
43. Notice. Notice under this Agreement will not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions will be deemed received on the third day after posting.
_________________, on behalf of Atlan, LLC
37 Nestor Peak Rd, White Salmon, Washington 98672
105 Nestor Peak Rd, White Salmon, Washington 98672
Such addresses may be changed from time to time by any party by providing notice as set forth above.
44. Attorney's Fees. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Property, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
45. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation for the State of Washington. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
46. Governing Law. This Agreement will be governed, construed and interpreted by, through and under the Laws of the State of Washington.
47. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.
48. Time of Essence. Time is of the essence with respect to the execution of this Lease Agreement.
49. Estoppel Certificate. Tenant will execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within three (3) days after its receipt. Failure to comply with this requirement will be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
50. Entire Agreement. This document constitutes the entire Agreement between the Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenants and procedures as required by law.
51. Application. Tenant represents and warrants that all statements in Tenant's rental application are accurate. Any misrepresentations will be considered a material breach of this Agreement and may subject Tenant to eviction. Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenant's application is false.
52. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.
Security Deposit: $
Pet Deposit: $
Prorated rent for the Period: $
Prepaid rent for the Period: $
_________________ to _________________
Other Charges or Deposits: $ _______ Total Charges Received: $ _______
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date.
By: s_Af_Landlord_Name_Name_ Date: d_Af_Landlord_Name_Date_ _________________, on behalf of Atlan, LLC
37 Nestor Peak Rd
White Salmon, Washington 98672
By: s_Af_Tenant_Name_Name_ Date: d_Af_Tenant_Name_Date_ _________________