This post is designed to give our residents and future residents a quick review of the primary terms of their WILMOTH lease. Hopefully you will find this easier than reading all the legal details in the lease document itself. Of course, this post is not meant to be a comprehensive guide to the entire lease. We recommend going to the lease for exact details if there are questions not addressed in this guide.
The lease is divided into multiple sections to make it easier to locate topics.
The Terms section is the first section and it addresses the length of the lease, the monthly payments, security deposit and the property leased. Important points include:
- Rent payment can be made on-line through the tenant portal or using a local merchant service called PayNearMe.com. WILMOTH never accepts cash rent payments and rent is not accepted at our office.
- Renewal of the lease will occur automatically unless tenant or landlord provides 45 days notice.
- Rent is due on the first of the month with a five day grace period. Rent is late if received on the 6th of the month or later. Late charges are 10% of the rent payment plus $10 a day each day after.
- Returned payments will incur a charge of $60
- Utilities are to be established by the tenant for all services unless there are shared meters. In the case of shared meters the obligation and payment methods will be described in the lease under the Utilities and Services Section.
Additional Tenant Obligations
This section covers other items Tenants need to know to successfully follow their lease.
- Occupants approved to live in the residence
- All adults on the lease are jointly responsible for the terms of the lease. This means that there is no division of liability for lease payments. Each tenant may be held fully responsible.
- How to report Maintenance (PropertyMeld.com) and after-hours emergencies (888-479-8427)
- Tenants are responsible for obtaining renters insurance and having WILMOTH Group named as a certificate holder.
- Lease violation fees start at $100 payable by the tenant.
- Tenants are responsible for minor repairs and maintenance of less than $175. Examples include light switches, replacing light bulbs, doorknobs, broken windows, leaking faucets, minor toilet problems, etc.
- No painting or redecorating without WILMOTH's approval.
- Tenant is responsible for changing furnace filters on a 30-45 day cycle. If found tenant has not maintained regular filter replacement, tenant will be charged $40 for replacement of the filter by WILMOTH.
- Appliances provided by the landlord are listed in the lease.
- No smoking or offensive odors. Smoking of any kind is prohibited inside the premises and garage by all tenants and guests. Smoking outside the property may only occur outside a perimeter of ten feet from the property. The odor and trash associated with smoking must not be evident either inside or outside the property.
- Infestation of common pests reported within the first fifteen (15) days of occupancy will be exterminated by Owner, and Owner shall have no further obligation or responsibility.
- Tenant is responsible for all plumbing stoppages and cesspool fill ups. Tenant is responsible for the cleanup of waste spills as a result of any plumbing stoppages.
- Tenant agrees to immediately report to the Manager any water intrusion, such as plumbing leaks, drips, or "sweating"
- Tenant will provide access for normal inspections and contractor appointments. Missed appointments are a $75 charge to tenant.
- Rekey fee is $75
- Lockout fee is $100 during normal business hours. Outside those hours tenant will hire a locksmith.
- Tenant agrees to have the carpets in the entire home professionally cleaned and deodorized yearly and at the termination of the lease by a licensed carpet cleaning company.
This is a pretty simple section that describes the acts a tenant can take that will be a default of their lease.
- Failing to make any payment committed to in the lease.
- Filing bankruptcy or being claimed as bankrupt.
- Abandonment of the rental
The rental owner and WILMOTH also makes commitments to the tenant.
- Quiet enjoyment of the property is a tenant right.
- Release of the tenant from the lease under the Soldiers and Sailors Civil Relief Act for military personnel.
- Abatement of rent or release from the lease obligations due to damage to the premises that make it inhabitable and are not the tenants fault.
Covenants and Restrictions
This is the section that provides the tenant with a list of rules regarding the property.
- No subleasing without written consent of WILMOTH.
- Various vehicle restrictions including no parking on the lawn, no motor homes or recreational vehicles or trailers, and no disabled vehicles.
- No storage of dangerous materials.
- All pets must be approved and a pet addendum attached to the lease.
- No improvements or alterations without approval.
- Extended absences of over 15 days must be reported to WILMOTH.
- No security system is warranted by owner or WILMOTH.
- Criminal activity of any kind by tenant or guest is a material and irreparable violation of the lease.
Additional Terms and Conditions
This is the final section of the lease. This section contains legal concepts common in contracts and agreements. If you have questions on this section please consult with a legal representative.
There is a final paragraph on Other Terms and Conditions. This might be blank or it might include something not addressed in the lease. Take a look to see if there is language in that section and, if so, you understand what it states.
Your WILMOTH lease will contain the following:
Authorization to Remove Personal Property- this is a place where the tenant can identify a trusted person (not on the lease) who can be authorized to retrieve personal property from the rental if the tenant is not able to do so.
Other possible Addendums which might be included in your lease:
- Cosigner Agreement
- Exterior Maintenance Rules- single family and duplex properties have specific tenant's exterior maintenance requirements.
- Lead Based Paint Disclosure- required of all homes built prior to 1978.
- Pet Agreement and Rules- If you have an approved pet this will list the pet and state your agreement to the property pet rules.
- Any location specific required documents such as the Indianapolis Marion County Tenants Rights disclosure.