SAMPLE Occupancy Agreement - 360°VIEW

 

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THIS Occupancy Agreement is made this 19th day of March, 2022, by and between Susan Gautsch ("Owner/Manager”)  and Your Name(s) ("Occupants"). 

 

Pursuant to the terms herein, Owner/Manager grants to Occupant the license to occupy the “360°VIEW” unit (the “Premises”) at the residence located at Exact Address Albuquerque NM 87108 (hereinafter referred to as the "Property"). 

 

1.  GENERAL TERMS:  The terms of this Occupancy Agreement shall begin on Start Date and shall end End Date. The right of occupancy by Occupant shall be for the period defined above for price/mos for the duration of this agreement. All utilities including gas, electric, water, trash removal and internet/wifi are included -- as is all furnishings. 

 

(a)    Cleaning Fee: A mandatory cleaning fee of $190 will be withheld from final security deposit at the end of this agreement that will be paid to cleaners. If a pet is accompanying, acquired or visiting during the occupancy period, an additional pet cleaning fee of $50/pet will be assessed.

 

(b)    Security Deposit: Within 3 days of signing this agreement, Occupants shall provide Owners/Managers a standard security deposit of $security deposit. If a pet is accompanying, acquired or visiting during the occupancy period, an additional pet fee of $150/pet shall also be provided for a total deposit of $security deposit.. The cost of any damage incurred during the Occupants’ stay as a result of the occupants doing or negligence – including that of any guests or pets of the occupant – shall be taken from this security deposit.  The remainder of the security deposit shall be returned to the Occupants within 5 days of the termination date. 

 

(c)    Rent Payments: The first months’ rent payment, prorated to the last day of the following month, is due upon taking occupancy - else the full security deposit will be retained by the Owners/Managers. Subsequent payments are due on the 1st day of each subsequent month. (See full payment schedule & instructions at end of this agreement.)

 

(d)    Cancelation of Agreement: If occupant must cancel and gives Owner written notice 20 or more days in advance of start date, there will be no cancelation fee. If notification comes within 15 days of the start date, half of the security deposit will be returned to Occupant. If notification comes less than 10 days in advance of a new end date, the full security deposit will be retained by the Owner. 

 

(e)    Change Requests: If Occupants require any change in dates once this agreement is signed, the owner will act in good faith to accommodate, but is not ultimately responsible for any refunds or changes in the financial obligations. 

 

NOTE: Mutual Good Faith & Collaborative Spirit: Given the above terms, the Owners/Managers will always aim to work collaboratively and in good faith to accommodate any change requests. Occupants are invited to do the same. 

 

 

2.  SUBLET:  Occupant may not sublet Premises, or transfer or assign this Occupancy Agreement.

 

3.  CASUALTY:  If Premises are made uninhabitable by fire or other casualty, this Occupancy Agreement shall be terminated.

 

4.  HOLD OVER:  Occupant shall deliver possession of the Premises in good order and repair (normal wear and tear accepted) to Owners/Managers upon termination or expiration of this Occupancy Agreement.

 

5.  RIGHT OF ACCESS: 

 

(a)    Occupants.  Between the above stated start and end dates, Occupants shall have full and exclusive use of the Premises including 2 bedrooms, one bathroom, hallway, living room, dining room, kitchen, laundry, front porch and yard. Notwithstanding the foregoing, Occupant shall not interfere with Owner’s reasonable access to the Premises granted below.

 

(b)    Owner/Managers.  Owner/Managers, shall have a reasonable right of access to the Premises during the occupancy period as necessary for property maintenance, landscaping, construction or repair to the Property at all times. 

 

6.  USE & GUESTS:  The Premises shall be used for residential purposes only and shall be occupied only by the 1 person named in this Occupancy Agreement for the entire occupancy period.  Occupants shall have the right to have overnight guests -- up to 4 guests for no more than 10 calendar days.  

 

7. STORAGE: Occupant shall not store any items at the Premises for any time period Occupants do not occupy the Premises.  The Premises shall be used so as to comply with all state, county and municipal laws and ordinances.  Occupants shall not use the Premises or permit them to be used for any disorderly or unlawful purpose or in any way that would create a nuisance.

 

8.  RISK OF LOSS:  Owner/Managers shall not be liable for damage to Occupants’ property of any type for any reason or cause whatsoever, except where such is due to Owner's gross negligence.  Occupants should obtain tenant insurance to protect household goods and personal effects as well as liability insurance at Occupant’s option.

 

9.  CONDITION AND MAINTENANCE OF PREMISES:  Occupant agrees to the Premises as pictured and described on Airbnb, Furnished Finder and communications with Owner/Managers prior to this agreement. Occupant is fully aware of the physical condition of said Premises and hereby accept the Premises (including all improvements, equipment and systems situated thereon), in their present condition, as fully suitable for the purposes for which the same are occupied. Occupants may not alter the Premises nor remove any fixture without written authority from Owner/Managers. Occupants agree to keep water and sewerage pipes clear of obstructions, to replace all broken or missing glass, unless damage is caused by outside forces over which Occupants have no control.  Occupants shall not remove any shrubbery without the written consent of the Owner.

 

10. CLEANING, LAUNDRY & PET-CARE SERVICES AVAILABLE: Occupant may elect to hire the Owner/Managers for additional services such as: house cleaning, laundry & pet care including feeding, walking and more. These services are available on a $25/hr rate. 

 

11. CARE OF OCCUPANTS’ PERSONAL PROPERTY: The Owner/Managers hereby warrants to keep safe and confidential all The Occupant’s personal items retained within the unit. The Owner/Managers hereby accepts no liability for any breach of security or loss of or damage to The Occupant’s property if any other person is given access to the property during the term of this Occupancy Agreement. 

 

12. EVENTS OF DEFAULT:  Any of the following events shall constitute an event of default by Occupants:

 

(a)  failure to perform any of the other terms, conditions, obligations or covenants of Occupants hereunder, which failure shall continue for ten (10) days after written notice from Owners/Managers to Occupants; or

 

(b)  violation of any Rule or Regulation, as they may exist from time to time, which failure shall continue for ten (10) days after written notice from Owner/Managers to Occupants.

 

        

13.  REMEDIES UPON DEFAULT: Thirty (30) days following the occurrence of any event of default set out in Section 10, Owners/Managers may exercise any one or more of the following remedies as well as any other remedy or remedies available at law or in equity:

 

(a)  Termination.  The Owners/Managers may terminate this Occupancy Agreement by giving written notice to Occupants, whereupon this Occupancy Agreement and all rights of Occupants to possess and occupy the Premises shall immediately terminate, whereupon Occupants shall be deemed Occupants at sufferance.

 

(b)  Repossession.  Whether or not Owners/Managers has chosen to terminate the Occupancy Agreement, Owners/Managers, as Occupant's agent, may enter upon and take possession of the Premises, and remove all persons and property therefrom.

 

14.  NOTICES:  All notices, demands or requests required or permitted to be given pursuant to this Occupancy Agreement shall be in writing and shall be deemed to have been properly given or served and shall be effective upon being deposited in the United States mail, postpaid and registered or certified with return receipt requested; provided, however, the time period in which a response to any notice, demand or request must be given shall commence on the date of receipt by the addressee thereof.  Rejection or other refusal to accept or inability to deliver because of changed address of which no notice has been given shall constitute receipt of the notice, demand or request sent.  Any such notice, demand or request shall be sent to the respective addresses set forth below (or such other addresses as the party receiving the notice shall have earlier provided to the other party):

 

As to Owner/Managers:        Susan Gautsch                             

As to Occupant: Your Name(s)

                                 

Any notice required by this Occupancy Agreement shall be in writing and shall be deemed to be given if delivered personally or mailed by registered or certified mail, return receipt requested.

 

15.  MORTGAGEE'S RIGHTS:  Occupants’ right under this Occupancy Agreement shall at all times be automatically junior and subject to any deed to secure debt which is now or shall hereafter be placed on the Premises or the Property of which the Premises are a part; if requested, Occupant shall execute promptly any certificate that Owner may request to specifically implement this paragraph.

 

16.  RULES AND REGULATIONS:  Occupant agrees to comply with the Rules and Regulations attached hereto and made a part hereof by this reference, receipt of a copy of which is hereby acknowledged by Occupant. Occupant acknowledges and agrees that this is not a lease under the law of the State of New Mexico.

 

17.  ENTIRE AGREEMENT:  This Occupancy Agreement and any attached addendums constitute the entire agreement between the parties and no oral statements shall be binding.

        

 

IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed in person or by a person duly authorized the day and year first above written.  We acknowledge that we are each jointly and severally responsible for performance of all covenants, terms and conditions of this Occupancy Agreement.

 

                                                                             

 

RULES AND REGULATIONS

 

(a)    No goods or materials of any kind or description which are combustible or would increase fire risk shall be taken or placed in any storage or garage areas. 

 

(b)       The driveway and garage shall not at any time be blocked. 

   

(c)    No smoking in the Premises or Property.      

 

(f)     Noise levels shall be kept to a minimum between 10 p.m. and 7 a.m. 

 

(g)    Occupants agree to maintain the Premises in as good state as they finds it, reasonable wear and tear excepted.  

 

(i)     The Premises shall be used so as to comply with all state, county and municipal laws and ordinances.  Occupant shall not use the Premises or permit it to be used for any disorderly or unlawful purpose or in any way that would create a nuisance.

 

We acknowledge receipt of the foregoing Rules and Regulations and agree to abide by said Rules and Regulations at all times.

SIGNATURES OF ALL PARTIES REQUIRED.