A person may genuinely not consider their action may create a negative event but a jury may determine that person was negligent and is liable due to their failure of a standard for a reasonable person.

Giano Rodriguez

Disclosures to help You make Good Decisions

Partial Lease Payments

Why a lessee should not pay partial lease payments?

↓Review an actual section of Lease Agreement↓

Payment Collection and Receipt

Subject to owner's input for a lease payment, payable to whom and mailing address or direct deposit information.

  • The Lease Payment herein is payable in advance and no later than due date, which is the first (1st) day of each month.
  • If payment is made by personal check or cashier's check or money order and mailed, postmark date on the envelope shall serve as date the Lease Payment herein was received and stamped with the due date herein or earlier.
  • Any payment lost in the mail shall be considered as unpaid until received by the Owner, or Owner's Licensee.
  • In the event Lease Payment herein is paid by personal check, the Lessee acknowledges that method paid shall serve as a receipt.
  • Lessee may demand and is entitled to a signed receipt of such payment from the Owner, or Owner's Licensee. Lessee shall verify date on that receipt.
  • If payment is made by direct deposit, Owner shall provide account information to Lessee thereby to set up online bill pay for Lease Payment herein, which is payable in advance and deposit date may be earlier than due date herein.
  • If direct deposit, Lessee's bank must deposit funds on or before the due date herein. Bank Hold Funds Regulation CC is availability of funds and collection of checks that allow receiving banks to take two (2) to four (4) business days to deposit funds into Owner's, or Owner Licensee's financial account. Lessee acknowledges set up for a direct deposit shall be funds to be withdrawn five (5) days or more before the due date herein to ensure Lease Payment herein is deposited no later than due date herein.
  • Owner and Lessee may agree the Lessee may personally give Lease Payment herein to the Owner, or Owner's Licensee. If Owner makes a request for Lease Payment herein before due date herein, Owner acknowledges not to deposit personal check or cashier's check or money order no earlier than due date herein. Lessee may request a reason for Lease Payment herein before due date herein, and Owner's reason could be will be out of town or will be in the area and save energy by combining trips. The Owner acknowledges to pay Lessee's bank fees for insufficient funds if bank allows that deposit into the Owner's account before the due date herein.
If payment check is Dishonored or Returned Unpaid
  • The Lease Payment herein must be made payable to the Owner, or Owner's Licensee, with a cashier's check.
  • Any fees charged by the financial institution for a returned item shall be paid by the Lessee on demand by the Owner, or Owner's Licensee.
  • Lease Payment herein shall be considered unpaid until satisfied with a cashier's check.
  • All subsequent Lease Payment herein must be made by a cashier's check.
Payment Past Due Date Charge

In the event Owner does not receive Lease Payment herein upon the due date hereof, the Lessee shall pay to the Owner a past due date daily fee in the sum of (Subject to Owner's input) per day and, if any, other unpaid and payable charges hereunder, must be added to this Lease Payment herein.

Lessee acknowledges such past due payments shall be reported as past due by the Owner, or Owner's Licensee, if the Lessee intends to use this Agreement as a credit and character reference for any other qualification objectives.

Owner will not accept partial lease payments. Lessee acknowledges a partial lease payment is a Lease Agreement default of the Lease Agreement terms hereunder.

A Lease Agreement Default

Owner should not accept partial lease payments regardless of Owner's desperation. Lease Agreement covenant is Lessee acknowledges a partial lease payment is a Lease Agreement default of the Lease Agreement terms hereunder..

In the event of court proceedings, a Judge may use state statues or another Judge's decision made for another similar case. The Judge may subjectively decide on the merits of each party's actions and evidence because an owner decided to accept a partial payment inconsistent with the Lease Agreement terms. The owner's actions may infer a change of the original terms of that Lease Agreement.

Letter of Understating

If more than one lessee, execute a Letter of Understanding between all lessees that provides conditions and provisions for events such as a lessee moves out, loss of income or mental condition. If that lessee does not fulfill their obligations and you decide to sue to recoup funds, that letter and paid receipts will be your evidence.

One Full Payment One Consistent Method

A Lessee will experience greater success by completing timely payments if paid in full days before the due date. We recommend mailing the envelope more than seven (7) days before the due date in case of a mail disruption or set up direct deposits more than five (5) days before the due date in case of electronic transfer disruption or Bank Hold Funds Regulation CC availability of funds and collection of checks. Date on a lease payment check or money order does not waive late fee charge if a postmarked envelope including that check or money order is after a due date. Late fee charge is not waived if a direct deposit appears after a due date. Owner and Lessee need to acknowledge direct deposits are subject to either bank's sending and receiving policies, and that becomes a customer service issue.

Personal Responsibility

How do you take control of your personal_responsibility?

↓Review an actual section of Lease Agreement↓

Lessee's Personal Responsibility

Lessee acknowledges their responsibility to pay for repair, replacement or restoration from loss or cleanup of unclean habits if the Lessee or Occupant Dependent or Guest causes accidental or negligent damage such as, and without limitation:

  • Fire caused by:
    • Unattended cooking during the use of any cooking device.
    • Unclean grease or other flammable material on cooking device
    • Unattended candles.
  • Leaving windows open during wind, rain, hail, tornadoes, etcetera causing water or wind damage.
  • Dumping or flushing environmental hazards or other items such as, and without limitation, automotive fluids, grease, personal wipes or any other solid or semi-solid objects that is beyond the use of the purpose design of the sewer pipes constructed for water waste, sewage or toilet tissue causing sewer stoppage or damage.
  • Unattended faucets or unreported leaks causing overflow or flooding of water causing water damage.
  • Environmental or pavement damage caused by any leaking automotive fluids.
  • Broken items such as windows or doors including hardware such as locks, torn screens, light fixtures, ceiling fans, walls, and without limitation.
  • Rips in the carpet or scratches on the floor from dragging furniture across the surface without lifting or using protective moving pads or other similar apparatus.
  • Any and all vehicles or automobiles driven on the lawn.
  • Unclean habits causing either an animal or other infestation issue.
  • Utilities turned off due to past due and unpaid utilities.
  • Installation of a Sataelite Dish and cables or other devices that create holes on the roof and exterior walls.

Plan, prepare or inspect an emergency supply kit for an event such as utilities are turned off because of a storm event.

A Person's Perception

A lessee should return an owner's property in the same condition as when a lessee took possession but that perception of condition is one-sided.

Some people return property in better condition due to their high level sense of personal agency, but other persons experience a low level sense of personal agency creating tendencies to procrastinate their beneficial responsibilities. Those persons may consider cleaning and maintenance a boring job, or are unable to schedule time, or do not know how to care, and any of that behaviour creates a stressful environment. A person living with a low level sense of personal agency lays on a couch watching nonsense entertainment without experiencing joyful self-accomplishment. Try to discover your reasons for your lack of motivation.

Your Guide

To reduce that stress, and minimize disputes, this disclosure further defines the Lease Agreement section Possession subsection Surrender of the Premises.

Lessee is not responsible for:

Lessee is responsible for reimbursement to owner for payments made by owner to professional contractors for repair or replacement or restoration, or all, in the event of an accident or negligence, and without limitation:

Replacement

Lessee is responsible for reimbursement to owner for proportional payments made by owner to professional contractors for the replacement of a dwelling improvement because Internal Revenue Service requires that improvement to depreciate greater than one year. For example, a carpet depreciates over 10 years, and its cost is $1,000. The owner deducts $100 per year for depreciation on a tax return. A lessee accidentally or negligently ruins a 5 years old carpet; therefore, the lessee pays $500. If the carpet is over 10 years, the lessee pays its value before ruined, and its value is the opinion provided by a licensed carpet installer.

Licensed Professionals

If a lessee is not a licensed professional for a particular repair or restoration made by that lessee and the owner deems repair or restoration as unprofessional, the lessee is responsible for reimbursement to owner for payments made by owner to professional contractors to professionally repair or restore.

Mold and Bacteria

How do you control mold and bacteria?

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↓Review an actual section of Lease Agreement↓

Control Dangerous Mold and Bacteria

Lessee acknowledges their behavior of observing plumbing conditions, ventilating a home, cleanliness and types of material stored in a basement if dwelling includes a basement, may cause mold or bacteria, or both, to quickly grow and spread throughout your home, and Owner is not responsible for the control of mold or bacteria because microbes exist naturally.

Lessee acknowledges basements and slabs are not water resistant due to foundations move because of soil moisture levels. Owner recommends Lessee performs periodic checks of plumbing water and drain pipes, basement or exterior walls on the slab, and if Lessee notices standing water or mositure stains, immediately mop up or clean, or both, and notify the Owner pursuant to the section Communication(s) hereof.

The Owner recommends Lessee enable ventilation protocols such as open windows depending on the amount of outside humidity, use bathroom fan or dehumidifier, or both, and good weekly routine cleaning habits.

Centers for Disease Control and Prevention

Centers for Disease Control and Prevention provides information concerning prevention, cleanup and control.

Centers for Disease Control and Prevention, mold can cause many health effects. For some people, mold can cause a stuffy nose, sore throat, coughing or wheezing, burning eyes, or skin rash. People with asthma or who are allergic to mold may have severe reactions. Immune-compromised people and people with chronic lung disease may get infections in their lungs from mold.

Learn How to Take Control of Your Mold and Bateria

If a bathroom includes a shower area, mold growth may begin on a wall above a window. Toilet flushes with lid up disperses decomposing organics and bacterium into the air. Mold feeds on biodegradation of those organics. Bathrooms require regular weekly cleaning, or more often depending on the number of persons using a bathroom.

If ceiling color changes to a blotch brownish color, the entire ceiling needs cleaning.

If your home includes a basement, and you store cardboard boxes, clothes and any other organic items, trash or liquids in the basement, immediately remove all items into the trash unless that basement includes a good ventilation system controling humidity level no higher than 50% and mitigates mold and bacteria growth.

If you suspect a leaking roof, inspect ceiling areas to confirm affected area is not mold, and immediately report any circular brown stains.

A Household Effort

Controling mold and bacteria is a combination of different efforts because its presence is a natural event similar to dust, and a fan is only one of those efforts. This disclosure is only a summary of efforts to control mold and bacteria, and each household member needs to understand that effort in order to live in a happy and healthy home.

Personal Property Not allowed

What is expense of managing excess personal property?

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↓Review an actual section of Lease Agreement↓

Personal property not Allowable, without Limitation
  • Large appliances such as refrigerators, freezers, stoves, dishwashers, washers and dryers except appliances provided by the Owner. Lessee acknowledges additional appliances may exceed dwelling electrical load capacity creating a fire hazard.
  • Large trucks configured with more than four (4) wheels, recreational vehicles, boats, four-wheel off road vehicles, unregistered automobiles, undisclosed automobiles excluded from lease application. Lessee acknowledges such vehicles may not comply with rules, restrictions and regulations affecting areas of the Premises.
  • Excessive personal property such as personal property not belonging to Lessee or Occupant Dependent, or property is non-functional or unusable, or can lead to fire hazards, tripping hazards and health code violations during the term of this Agreement.
  • Waterbeds

Owner may consent to Lessee's request for unallowed personal property. For example, the Owner does not provide a washer and dryer thereby a lessee may request to utilize their own washer and dryer if the Premises sustains such installation, or a Lessee may have an sentimental attachment to a non-functional or unusable object.

Stress Test

If you walk into a person's home, what do you observe? More often than not, I see an abundance of shoe greeters, a dining room table used as a command center stacking a future of I will get to that later and a kitchen counter exposing minimal open space infused with clutter, and do not get me started on inside those cabinets. Your stress test is what is your comment to a visitor in your home?. If you apologize for your clutter, your stress is much greater than a person comfortable living with chaoes, and most likely you experience more health issues. And if you are a dropper, you are wasting your time looking for commonly used items such as keys or wallet or device. Otherwise, organized collections may give you happiness and a way to emotionally pass your time.

If you are disorganized and living with clutter, your environment may be condusive for you to experience mental challenges, fire, tripping and solving health code violations.

Reason for Selling

You can avoid expense of renting a storage unit at a storage facility by identifying trash or recyclables and donating or selling unused and excessive personal property unless you are managing a business and you earn a profit from selling personal property. Otherwise, that personal property becomes an expense against your valuable time and a reduction from your savings.

If you rent a storage unit for $100 per month for one (1) year and your personal property value is $500, your first year loss is $700. Can you think of other ways to use that $700?

Fire Prevention and Safety

How do you manage fire prevention and safety to save your life?

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↓Review an actual section of Lease Agreement↓

Hazardous Materials

Lessee shall not keep on the Premises any materials or substances, whether or not properly contained, that are dangerous, flammable or explosive by nature and may unreasonably increase the danger of either fire or explosion or poison, or that might be considered at any level as hazardous by a governmental authority or any responsible insurance company.

A List for You

Use the following simple list as one of the methods supporting fire prevention and safety.

National Fire Protection Association (NFPA) reports cooking is a leading cause of fires.

Most home fires and fire casualties result from five causes: cooking, heating, electrical distribution and lighting equipment, intentional fire setting, and smoking materials.

  1. Regularly clean stove to avert a grease fire.
  2. Regularly clean and inspect electrical heating equipment. In addition, consider the age, cleanliness and wattage usage of that equipment.
  3. Exits from each bedroom and bathroom are clear of obstructions and functional operation of windows and doors.
  4. Confirm the location of a fire extinguisher, and inspect its condition.
  5. Test smoke and carbon detectors, and replace batteries at least once a year, or as necessary.
  6. Electrical outlets do not exhibit sparking smudge or overloading conditions.
  7. Electrical Panel does not exhibit sparking smudge conditions.
  8. Electrical outlets on the same circuit breaker cannot exceed maximum watts allowed. For example, electrical panel 15 amps circuit breaker and 120-volt service should not exceed 1800 watts.
  9. Remove all electrical extension cords crossing a walking path or underneath rugs, if any. Consider moving an item closer to the outlet instead of using an extension cord.
  10. Any appliance including a three (3) prong plug must be connected to a three (3) prong grounded outlet.
  11. Electrical outlet plugs should not exceed the number of configured connections. Please use an outlet strip having surge protection that does not exceed the allowed watts for either that strip or circuit breaker.

Please contact owner immediately if you regularly reset a circuit breaker or notice sparking smudge.

Escape Plan

Your family should prepare an emergency escape plan. Please review: National Fire Protection Association escape planning

  1. If you see or smell smoke, or hear an alarm, and room door is not open, before exiting into the hallway, touch door handle, if hot, do not open door and seek another exit.
  2. If there is no other exit and you have access to water, wet rags or towels and place on bottom of door, then wet rags or towels and cover your mouth area, and stay low on the floor.
  3. If help does not arrive quickly, knock out walls in areas that appear to be away from the fire.

Plumbing and Sewer Apparatus

How do you maintain plumbing and sewer in good working condition?

↓Review an actual section of Lease Agreement↓

  1. All kitchen(s), bathroom(s), lavatory(s), laundry(s), sink(s), toilet(s), bathtub(s) and all other water and plumbing or sewer apparatus are to remain in a clean, good working order, repair and use for the purpose design and construction.
  2. Lessee acknowledges their responsibility for frequent inspection of floor drains, if any, showing no sewer backup or standing water.
  3. In the event of sewer backup, the Lessee shall immediately notify Owner pursuant to section Communication(s) hereof. Lessee shall reimburse the owner for that expense if tree roots or a mechanical failure does not cause a sewer backup .
  4. Lessee shall not dump, throw or deposit any substances such as, and without limitation, automotive fluids, grease, personal wipes or any other solid or semi-solid objects that is beyond the use of the purpose design of sewer pipes constructed for water waste, sewage or toilet tissue. If the Lessee or Occupant Dependent or Guest causes accidental or negligent misuse, clog, block, stop or damage any such plumbing or sewer apparatus, the Lessee shall pay the sum of cost to clean, clear or repair damage resulting from such misuse.

Risk of Clogging Drains or Sewer

Danger of using Chemical Drain Cleaners

Hydrogen sulfide intoxication known as sewer gas and use of chemical drain cleaners increases the impact from that gas, and if a person inhales a high enough concentration, hydrogen sulfide starves a person's cells of oxygen, which is similar to carbon monoxide intoxication.

An easy way to avoid Hydrogen sulfide intoxication is following some regular and easy methods for living with clean and fresh drains.

Maintaining Clean and Fresh Smelling Drains

Regular and easy methods using hot water, baking soda and vinegar to avoid using toxic chemicals, and remove rotting food and grease from a drain p-trap. You will be pleasantly surprised how easy it is and inexpensive.

  1. Pour two (2) quarts of hot water into the drain.
  2. One (1) cup of baking soda and stir warm water until it becomes a slow pourable mixture down the drain.
  3. Heat one (1) cup of vinegar until hot then pour down the drain and immediately cover the drain hole with a folded towel or large sponge.
  4. Wait five (5) minutes before flushing the drain with two (2) quarts of hot water.
  5. Repeat this process a few times if necessary, and follow this process as a regular maintenance method for your drains.

Another method:

  1. One (1) cup of baking soda, half (1/2) Cup of salt and stir warm water until it becomes a slow pourable mixture down the drain.
  2. Allow mixture to stay in the drain for several hours, or overnight for better results.
  3. Flush the drain with two (2) quarts of boiling water.
  4. The mixture works best if you do it right before retiring for sleep as it works until morning.

Lessee's Renter's Insurance

How do you and why you should purchase important renter's insurance?

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↓Review an actual section of Lease Agreement↓

Renter's Insurance

Owner recommends Lessee orders and pays for their own Renter's Insurance to insure against accidental losses or damages, or injury or harm, incurred by the Lessee or Lessee's Party that may occur on the premises. The Lessee hereby acknowledges Owner's Insurance does not cover or insure against loss of or damage to any personal property or vehicles, or injury or harm, incurred by the Lessee or Lessee's Party, The Lessee hereby acknowledges Renter's Insurance does not insure against flood damage and may purchase a separate insurance policy from National Flood Insurance Program (NFIP).

Owner's Insurance

Owner, or Owner's Licensee, or, if any, the neighborhood association shall not be liable for or responsible for or insure for Lessee's or Lessee's Party's personal property or vehicles against loss or damage caused by fire, water, rain, criminal activity such as theft or vandalism, or negligent acts by others, or any other cause. The Owner emphatically suggests the Lessee purchase their own Renter's Insurance to protect against any loss or damage thereof.

The Owner shall communicate to Lessee pursuant to the section Communication(s) hereof to pay for increased insurance premium amount if Lessee's actions increases the Owner's insurance premium. Lessee shall not do or take any actions to cause a cancellation of the Owner's insurance.

A Lessee's Liability

Experience peace of mind knowing you have coverage against losses or damages, or injury or harm. Anyone you invite onto the property becomes your liability. For example, During a holiday such as Halloween, some Lessees present their homes as an invite to unfamiliar persons such as children and adults onto the premises.

Reasons for Purchasing Insurance

Owner's property insurance does not protect you from lawsuits filed by persons injured or harmed on the premises. If the lawsuit includes an Owner, the Owner has the right to file a lawsuit against the Lessee for redress.

Owner's property insurance does not protect you from the following:

Nerdwallet: The Average Renters Insurance Cost for 2023 The average renters insurance cost in the U.S. is $179 per year, or about $15 per month, according to NerdWallet’s latest rate analysis. We based this estimate on a policy for a hypothetical 30-year-old tenant with $30,000 in personal property coverage, $100,000 in liability coverage and a $500 deductible.

Forbes Advisor: How Much Is Renters Insurance? Renters insurance costs an average of $173 a year for $15,000 of personal property coverage. This works out to about $14 a month. The average renters insurance policy with $30,000 of personal property coverage averages $19 a month, and a $50,000 policy costs an average of $25 a month.

If property is located in a flood zone, you can purchase a separate insurance policy from National Flood Insurance Program (NFIP) to insure loss of or damage to your personal possessions.

Disclosures Government Requires Owner to provide to Lessee

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