Originally posted by @Michaela G.:
Originally posted by @Ronald Starusnak:
Holy cow, this tenant would be out on the street if they talked to me like that.
I'd love to, but on what basis?
You said they have a trial? Do you have a crime addendum in your lease? We have so much in our lease that we can almost always find something to begin an eviction unless they're a good tenant and then we wouldn't want to anyways. If the payment is 3 days late we evict, if landscaping isn't upkept we evict, obviously not always but we do everything we can to protect ourselves from destructive tenants.
Maintenance
Landlord shall have the responsibility to maintain the major items of the property such as the roof and siding. Tenant is responsible for all other items such as appliances, flooring, paint, counters, plumbing, electrical, HVAC, porches & decks, gutters, etc.
Property Insurance
Tenant shall be responsible for acquiring and maintaining the appropriate insurance for their interests in the property located on the Premises. Tenant shall be required to add xxx as a certificate holder & additionally insured on the policy.
Use Of Premises
Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first (1st) day of the extended absence.
Dangerous Materials
Tenant shall not keep or have on the Premises any article of thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.
CRIME FREE LEASE ADDENDUM
In consideration of the execution of a lease of the dwelling unit or renewal of the lease, Owner and Resident agree as follows:
1. Resident, and any member of the resident's household, guest(s) or other person(s) on the premises with the resident's consent shall not engage in criminal activity, including drug-related criminal activity. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled Substance (as defined in Sections 1 through 42 of the Controlled Substance Act [30-3 1 -1 NMSA]).
2. Resident, any member of the resident's household, guest(s) or other person(s) on the premises with the resident's consent shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or about the said premise.
3. Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless or whether the individual engaging in such activity is a member of the household, or a guest.
4. Resident, any member of the resident's household, guests(s), or another person(s) on the premises with the resident's consent shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled Substance whether on or about the dwelling unit or premises.
5. Resident, any member of the resident's household, or a guest or another person on the premises with the resident's consent shall not engage in any illegal activity, including but not limited to prostitution, criminal street gang activity, threatening or intimidating assault, or tile unlawful discharge of firearms, on or about the dwelling unit premises, or any breach of the lease that otherwise jeopardizes the health, safety and welfare of the landlord, his agent or other tenant or involving imminent serious property damage.
6. VIOLATION OF THIS ADDENDUM OCCURRING ON OR NEAR THE PROPERTY SHALL BE A MATERIAL VIOLATION OF THE LEASE AND CAUSE FOR TERMINATION OF TENANCY. Certain violations of this addendum may be "Substantial Violations" as defined in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978). It is understood that a single Substantial Violation is good cause for termination of the lease on as little as three days notice. Proof of violation shall not require criminal conviction or even arrest, but shall be by a preponderance of the evidence.
7. No provision of the lease shall diminish the Resident's obligations under this addendum.
It is understood and agreed that a single violation shall be good cause for termination of the housing agreement. Unless otherwise provided by law, proof of violations shall not require criminal conviction, but shall be by the preponderance of the evidence.
Tenant_________________
Tenant:_________________
Landlord:_______________
Additional Requirements
The following requirements are set-forth to ensure uniform appearance of the property and to ensure full compliance with local codes and expectations of the neighborhood.
- Landscaping must be maintained: Shrubs, trees, flowerbeds, mulch beds, must be maintained. Landscaping must not be touching or growing into siding or foundation. Grass must be maintained under 4” in height.
- Window Coverings: Curtains / Blinds / other items created specifically for this purpose are the only acceptable window coverings. (No blankets / sheets / etc.)
- No exterior furniture outside unless being properly disposed of.
- Vehicles must be parked in designated areas. No vehicles parked or stored on the lawn.
- Porches / decks are not for additional storage. All exterior items on property must be designed for such use.
- Trampolines & Swingsets must be approved by Landlord.
- All vehicles must be registered & inspected with license plates. No abandoned vehicles.
- Must periodically test smoke and c02 detectors and must not remove.
- Guests that are staying over for more than a total of 21 nights within 1 year must be added to the lease.
- Must maintain sidewalks per local code requirements. IE Shoveling sidewalk in winter.
- Lease cannot be assigned or sublet.
Tenant_________________
Tenant:_________________
