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Hawaii S -------------- ---------------- ------------------ Agent Date Agent Date EXHIBIT A SCHEDULE OF FURNISHINGS Article of Furniture Or Equipment Value Comments EXHIBT B BUILDING RULES AND REGULATION---- -------------------- ------------------ Lessor Date Lessor Date -------------------- -------------------- -------------------- ---------------- Lessee Date Lessee Date -------------------- ------The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. ------------------ ----------------knowledgment (initial) (e)------ Agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy essee's Acknowledgment (initial) (c) _____ Lessee has received copies of all information listed above. (d) _____ Lessee has received the pamphlet Protect Your Family From Lead In Your Home. Agent's Ac the housing (list documents): ______________________________________________ (ii)____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lorts available to the lessor (Check (i) or (ii) below): (i) _____ Lessor has provided the lessee with all available records and reports pertaining to leadbased paint and/or lead-based paint hazards inesent in the housing (explain): ______________________________________________ (ii) ____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and repning prevention. Lessor's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below): (i) _____ Known lead-based paint and/or lead-based paint hazards are pring pre-1978 housing, lessors must disclose the presence of known leadbased paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoy contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before rent___________________ ___________________________________ RESIDENTIAL LEASE DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS Lead Warning Statement Housing built before 1978 maes further agree that a copy of this Joint Inspection was provided to Tenant. Tenant: ___________________________________ ___________________________________ Acknowledged by Landlord: _______________________________________________________ Landlord and Tenant have inspected the Premises on ________________ (Date). The move in conditions are those noted on this inspection as shown above. The parti______________________ NOTES: ____________________________________________________________________________________________________ __________________________________________________________________________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ _______________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ MOVE-OUT OK NO Comments _______________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ___ws Window coverings Yard _______________ _______________ _______________ _______________ _______________ _______________ _______________ Comments ________________________ ________________________ ___m 2 Bedroom 3 Bathrooms Entry Area Living Areas Balcony Carpeting Ceilings Closets Dishwasher Disposal Drapes / Blinds Doors Fireplace Lights Locks Patio Refrigerator Screens Storage Stove Walls Windommediately before the Lease is signed or the Premises are occupied Address of Premises: Move In date Inspected by (for Landlord) Move out date Inspected by (for Tenant) MOVE-IN OK NO Bedroom 1 Bedroo_____________________________________ ___________________________________ (Name) Initials Landlord________ Tenant __________ PREMISES INSPECTION MOVE-IN / MOVE-OUT The Premises should be inspected i___________________________ ___________________________________ (Name) TENANT: ____________________________________________________ ___________________________________ (Name) TENANT: _______________one" if there are no additional provisions.) IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written. [Signature] LANDLORD: ________________________nant. Landlord will not be liable to Tenant for anyone's violation of these rules. Attached hereto as Exhibit B are a copy of the existing rules and regulations. [__] ADDITIONAL PROVISIONS (Specify "nme to time, which will become part of this rental agreement and incorporated herein after 30 days written notice to Initials Landlord________ Tenant __________ Apartment Lease-Furnished Page - 7 Tee name, address and telephone number of the manager is: __________________________________________________________________________. [__] BUILDING RULES: The Landlord may publish building rules from ti_] LIQUID-FILLED FURNITURE: Tenant shall not use or have any liquid-filled furniture, including but not limited to waterbeds, on the Premises without Landlord's prior written consent. [__] MANAGER: Th all entrance doors of the building during such hours as the Landlord deems advisable for the safety and protection of the building and its occupants. Tenant shall not prop open any entrance doors. [_esignated by the Landlord and not in any other parts of the building including the hallways, entrances and lobbies. [__] LOCKING OF ENTRANCE DOORS: Landlord reserves the right to close and keep lockedALCONIES: The Tenant shall not use to balcony for the purpose of storage, drying clothes, cleaning rugs or grilling. [__] BICYCLES: All bicycles owned by the Tenant shall be stored only in the areas dpose of his vehicle or not require parking accommodation for any other reason, the Tenant shall not assign or sublet the parking space unless expressly granted prior permission by the Landlord. [__] Bking of passenger vehicles and not to be used for washing, painting or servicing of vehicles. Tenant's vehicle will occupy the parking space entirely at the risk of the Tenant. If the Tenant shall dise entitled to use _____ parking space(s) for the parking of motor vehicle(s) located ___________________________________________________________. The parking space will be used exclusively for the parl be allowed in the common areas between the hours of ________p.m. and _____a.m. Furniture delivery and removal will take place at such time as designated by the Landlord. [__] PARKING: Tenant shall b_] NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting wilto show the Premises to prospective tenants during the last sixty (60) days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of Landlord. [_ TERMS AND CONDITIONS (check all that apply): [__] DISPLAY OF SIGNS: Landlord or Landlord's agent may display "For Sale" or "For Rent" or "Vacancy" or similar signs on or about the Premises and enter given ___ key(s) to the Premises, entrance doors and ____ mailbox key(s). , Tenant shall be charged $_________ if all keys are not returned to Landlord following termination of the Lease. ADDITIONALl pay the prevailing party reasonable attorneys' fees and costs in addition to all other relief. Initials Landlord________ Tenant __________ Apartment Lease-Furnished Page - 6 KEYS: Tenant will bet the Premises with Tenant's express or implied consent except Landlord's act or negligence LEGAL FEES: In the event of any legal action by the parties arising out of this Lease, the losing party shalath of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or abouATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord's property, including the Premises, free and harmless from any liability for losses, claims, injury to or deequently enforce and compel strict compliance with every provision of this Lease. The acceptance of rent by Landlord does not waive Landlord's right to enforce any provisions of this Lease. INDEMNIFICive of each other unless otherwise required by law. WAIVER: The failure of either party to enforce any provisions of this Lease shall not be deemed a waiver or limitation of that party's right to subs change such addresses from time to time by providing notice as set forth above. CUMULATIVE RIGHTS: Landlord's and Tenant's rights under this Lease are cumulative, and shall not be construed as exclusd certified return receipt requested, postage prepaid, or delivered by overnight delivery service, if to Tenant, at the Premise and if to Landlord, at the address for payment of rent. Either party mayof this Lease. This Lease may be modified in writing and must be signed by both Landlord and Tenant. NOTICE: Any notice required or otherwise given pursuant to this Lease shall be in writing and mailer representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter governed by and construed in accordance with the laws of the State of Hawaii. ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the parties and supersedes any prior understanding onts and conditions contained in the Lease shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the parties. GOVERNING LAW: This Lease shall be by theft, fire, riots, strikes, acts of God, or otherwise. Landlord encourages Tenant to obtain renter's insurance or other similar coverage to protect against risk of loss. BINDING EFFECT: The covenaty located on the Premises. Tenant understands that Landlord will not provide any insurance coverage for Tenant's property. Landlord will not be responsible for any loss of Tenant's property, whether artment Lease-Furnished Page - 5 INSURANCE: Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises, the Furnishings and properompetent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. Initials Landlord________ Tenant __________ Apshall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Lease is deemed invalid or unenforceable by any court of clord from any loss, damage, claim or injury resulting from the failure of any alarm system, security or from the lack of any alarm system or security. SEVERABILITY: If any part or parts of this Lease vent any alarm system is provided, Tenant understands that such alarm system is not warranted to be complete in all respects or to be sufficient to protect Tenant or the Premises. Tenant releases Landin the property and inspect for damages and needed repairs. SECURITY: Tenant understands that Landlord does not provide any security alarm system or other security for Tenant or the Premises. In the e Premises for more than ____ consecutive days, Tenant agrees to notify Landlord in writing of such absence. During such absence, Landlord may enter the Premises at times reasonably necessary to mainta by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law (Haw. Rev. Stat. § 521-44). EXTENDED ABSENCES: In the event Tenant will be away from theer than the presence of the Tenants' personal property, that the Tenant is occupying the unit, Landlord may at Landlord's option terminate this agreement and regain possession in the manner prescribedt 20 consecutive days without notice to Landlord while rent is outstanding. If Tenant abandons the premises while the rent is outstanding for more than 20 days and there is no reasonable evidence, othtion enter the Premises by any legal means without liability to Tenant and may at Landlord's option terminate the Lease. Abandonment is defined as absence of the Tenants from the premises, for at leas landlord or on longer notice if required by law (Haw. Rev. Stat. § 521-71). ABANDONMENT: If Tenant abandons the Premises or any personal property during the term of this Lease, Landlord may at its opgreed by the parties in writing. Such month-to-month tenancy shall be terminable on forty-five (45) days written notice from landlord to tenant and twenty-eight (28) days written notice from tenant toHoldover Period"), a new month-to-month tenancy shall be created subject to the same terms and conditions of this Lease at a monthly rental rate of $_____________________ per month, unless otherwise atem, including instructions on how to disarm it in case of emergency entry. HOLDOVER: In the event Tenant remains in possession of the Premises for any period after the expiration of the Lease Term ("l times Landlord shall be provided with a key or keys capable of unlocking all such locks and gaining entry. Tenant further agree to notify Landlord in writing if Tenant installs any burglar alarm systy-eight (48) hours notice shall be deemed reasonable (Haw. Rev. Stat. § 521-53, (b)). Tenant shall not, without Landlord's prior written consent, add, alter or re-key any locks to the premises. At ales or show the premises to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord shall give Tenant reasonable notice of intent to enter. For these purposes, for Page - 4 RIGHT OF INSPECTION: Tenant agrees to make the premises available to Landlord or Landlord's agents for the purposes of inspection, making repairs or improvements, or to supply agreed serviclue of the Furnishing as listed on Exhibit A; or (ii) if the Furnishing is damaged, the cost required to repair the Furnishing. Initials Landlord________ Tenant __________ Apartment Lease-Furnished for all repairs caused by Tenant's misuse, waste, or neglect, or that of Tenant's family, agent or visitor. The extent of the liability shall be as follows: (i) if the Furnishing is destroyed, the vanitary condition and repair during the term of the Lease and any renewal thereof. Tenant hereby agrees to be liable for any damages to the Furnishings, ordinary wear and tear excepted, and responsible repair or replace any such damaged or defective area, appliance or equipment. LIABILITY FOR FURNISHINGS: Tenant will, at Tenant's sole expense, keep and maintain the Furnishings in good, clean and sa Tenant shall promptly notify Landlord of any damage, defect or destruction of the Premises, or in the event of the failure of any of the appliances or equipment. Landlord will use its best efforts tonant's misuse, waste, or neglect, or that of the Tenant's family, agent, or visitor. Tenant agrees that no painting will be done on or about the Premises without the prior written consent of Landlord.n and sanitary condition and repair during the term of this Lease and any renewal thereof. Tenant shall be responsible to make all repairs to the Premises and Fixtures that may have been damaged by Teup to the time of the damage. Any unearned rent paid in advance shall be refunded to Tenant. MAINTENANCE AND REPAIR: Tenant will, at Tenant's sole expense, keep and maintain the Premises in good, clea the rent will be abated during the time that the Premises are uninhabitable. If Landlord decides not to repair or rebuild the Premises, then this Lease shall terminate and the rent shall be prorated iration of the Lease, unless otherwise agreed in writing. DAMAGE TO PREMISES: If the Premises or part of the Premises are damaged or destroyed by fire or other casualty not due to Tenant's negligence, or around the Premises, with the exception of fixtures and personal property that can be removed without damage to the Premises, they shall become the property of Landlord and shall remain at the expPROVEMENTS: Tenant agrees not to make any improvements or alterations to the Premises without prior written consent of the Landlord. If any alterations, improvements or changes are made to or built on_________________________________ (list services paid by Landlord or "none"). PETS: Tenant shall not keep any Pets on the Premises without the prior written consent of the Landlord. ALTERATIONS AND IMon the Premises, except Landlord will provide: ________________________________________ ______________________________________________________________________________ _________________________________losion on or around the Premises or that might be considered hazardous by any responsible insurance company. UTILITIES AND SERVICES: Tenant will be responsible for all utilities and services required Page - 3 DANGEROUS MATERIALS: Tenant shall not keep or have on or around the Premises any item of a dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or expwithheld. Any assignment or sublease without Landlord's written prior consent shall, at Landlord's option, terminate this Lease. Initials Landlord________ Tenant __________ Apartment Lease-Furnishedable notice to Landlord. ASSIGNMENT AND SUBLEASE: Tenant shall not assign or sublease any interest in this lease without prior written consent of the Landlord, which consent shall not be unreasonably habitable and (ii) the Furnishings are in good and acceptable condition. If at any time during the term of this Lease, in Tenant's opinion, the conditions change; Tenant shall promptly provide reasonTenant's agent has inspected the Premises and the Furnishings, the fixtures, the grounds, building and improvements and acknowledges that: (i) the Premises are in good and acceptable condition and ares regarding the use of the Premises OCCUPANTS: Tenant agrees that no more than ____ persons may reside on the Premises, without prior written consent of the Landlord. CONDITION OF PREMISES: Tenant or idence. The Premises shall not be used to carry on any type of business or trade, without prior written consent of the Landlord. Tenant will comply with all laws, rules, ordinances, statutes and orderrnishings to Landlord or Landlord's agent in good condition, as it was at the commencement of the Lease, reasonable wear and tear excepted. USE OF PREMISES: Tenant shall only use the Premises as a resRRENDER OF PREMISES: Tenant shall be entitled to possession of the Premises on the first day of the Lease Term. At the expiration of the Lease, Tenant shall peaceably surrender the Premises and the Fuet enjoyment of the Premises, and Landlord will not interfere with that right, as long as Tenant pays the rent in a timely manner and performs all other obligations under this Lease. POSSESSION AND SUcomply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenants and procedures as required by law. QUIET ENJOYMENT: Tenant shall be entitled to quiy Tenant, Landlord may at its option hold Tenant liable for the balance of the unpaid rent under this Lease if this Lease had continued in force. The failure of Tenants or their guests or invitees to ontinued in force and any rent paid by any successive Tenant if the Premises are re-let. In the event Landlord is unable to re-let the Premises during any remaining term of this Lease, after default bshings. Landlord may, at it's option, hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had cunder this lease; or (b) declare Tenant in default of the Lease. In the event of default, Landlord may also, as permitted by law, re-enter the Premises and re-take possession of the Premises and Furnird to cure the default. In the event Tenant does not cure a default, Landlord may at Landlord's option (a) cure such default and the cost of such action may be added to Tenant's financial obligations in default of this Lease. Subject to any statute, ordinance or law to the contrary, Tenant shall Apartment Lease-Furnished Page - 2 have seven (7) days from the date of notice of default by Landlothe costs to remedy tenant defaults (i.e. estimates, invoices or receipts.) (Haw. Rev. Stat. § 521-44). DEFAULTS: If Tenant fails to perform or fulfill any obligation under this Lease, Tenant shall beLandlord must either return the tenant's security deposit or notify the tenant in writing within 14 days of the tenant's moving out of why the deposit is being retained, including written evidence of pply any such security deposit at any time in lieu of payment of rent. If Tenant breaches any terms or conditions of this Lease, Tenant shall forfeit any deposit, as permitted by law. DEPOSIT RETURN: the security deposit amount and Tenant remains liable for any balance. Tenant shall not apply or deduct any portion of any security deposit from the last or any month's rent. Tenant shall not use or aart or all of the security deposit to repair any damage to the Premises or Furnishings caused by Tenant, Tenant's family, agents and visitors to the Premises. However, Landlord is not just limited to ance by Tenant of the terms under this Lease and for any damages caused by Tenant, Tenant's family, agents and visitors to the Premises or Furnishings during the term of this Lease. Landlord may use ped to Landlord for lack of sufficient funds. SECURITY DEPOSIT: At the signing of this Lease, Tenant shall deposit with Landlord, in trust, a security deposit of $__________ as security for the performease is more than _____ days late, Tenant agrees to pay a late fee of $________. INSUFFICIENT FUNDS: Tenant agrees to pay the charge of $_____ for each check given by Tenant to Landlord that is returness designated by Landlord. If the Lease Term does not start on the first day of the month or end on the last day of a month, the rent will be prorated accordingly. LATE CHARGES: If any amount under L amount of $_________ ("Rent") each month in advance on the first day of each month at: _____________ __________________________________________________ (address for rent payment) or at any other addrM: The lease will start on _____________ (begin date) and will end on ___________ (end date) (Lease Term). LEASE PAYMENTS: Tenant agrees to pay to Landlord as rent for the Premises and Furnishings theress of Premises) together with all furnishings and appliances therein as listed on the schedule attached hereto as Exhibit A (each a "Furnishing," collectively the "Furnishings") to Tenant. LEASE TER Tenants. The Parties agree as follows: PREMISES: Landlord hereby leases the premises located at: ___________________________ ___________________________________________ (the "Premises") (complete add________________________ ("Tenant") on ____________ (Date). Landlord and Tenant may collectively be referred to as the "Parties." This Lease creates joint and several liability in the case of multipleov. -3­ APARTMENT LEASE AGREEMENT--FURNISHED This Lease Agreement ("Lease") is entered by and between ________________________________________ ("Landlord") and _____________________ ________________und at: http://www.epa.gov/opptintr/lead/pyfcameraeng.pdf and at http://www.hud.gov/offices/lead/outreach/leapame.pdf and. Additional information can also be found on the EPA site at: http://www.epa.gng. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. An Environmental Protection Agency's pamphlet entitled "Protect Your Family From Lead In Your Home." can be fos especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelli his co-tenants fail to pay their share). Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure i, each tenant may be responsible for all the obligations under the lease if the other tenant(s) don't perform their obligations (e.g. a tenant may be responsible for paying the entire rental amount ifst return a security deposit to a tenant(s) (e.g. within 30 days after the termination of the lease). Landlords should be familiar with the laws of their state. If more than one tenant signs the leasen an interest bearing account and that the interest be given to the tenant at the termination of the lease. There are also different time requirements in each state regarding how quickly a landlord mud to protect tenants from dishonest landlords. In addition, states have different laws regarding the amount and the handling of security deposits. Some states require that a security deposit be held io complete one. A joint inspection can also help the landlord justify any security deposit deductions, if warranted. Most states also have different laws relating to residential leases, mainly designeform is useful to document the inspection and can help avoid problems or misunderstandings at the end of the lease term. Even if a state does not require a joint inspection, it is always a good idea tme states also require that the landlord and tenant conduct an inspection of the premises to be rented either before physical occupancy by the tenant or before the lease is signed. A joint inspection ritten agreement. This lease agreement is different than our generic lease agreement because it includes specific provisions governing the furnishings and appliances that are included in the lease. Soe terms of the agreement. Such a document is generally called a lease or rental agreement. Many states will consider oral agreements regarding the rental of real property to be invalid and require a wrnished Whenever a landlord (owner of an apartment building, condominium or residence) rents a unit to a tenant, an agreement should be written and signed by both landlord and tenant, setting forth th any document with another party. [_] The purchase and use of these forms is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. -2­ Information Apartment Lease Agreement - Fuarting point for you and should not be used or signed before first consulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiatingtry to make them part of the agreement. [_] Laws vary from time to time and from state to state. These forms are not intended and are not a substitute for legal advice. These forms should only be a stte agent or attorney in your area to determine what additional -1­ disclosures, if any, are required in your state or locality. If not required by law, a Tenant may still request the disclosures and ighborhood, environmental disclosures and any other known problems. Some cities and other municipalities may also have specific disclosure requirements that need to be included. Check with a real estat should be included in similar agreements. The laws in some states require a lessor to make additional written disclosures, including disclosures about the condition of the unit, the building, the ne with the rules. A copy of the "Disclosure of Information On Lead-Based Paint and/or LeadBased Paint Hazards" form is included in this package. [_] These forms contain the basic terms and language thaof Information on LeadBased Paint." Federal law requires the Landlord to keep the signed copy of the "Disclosure of Information on Lead-Based Paint" for a minimum of three years as proof of complianceis always a good idea to do one. [_] If the property was built before 1978 property (i.e. pre-1978 property), federal law requires that the Landlord and Tenant (and their Agents) sign the "Disclosure ndlord and Tenant to conduct an inspection of the premises to be rented, before physical occupancy by the Tenant or before the Lease is signed. Even if a state does not require a joint inspection, it e be recorded. Recording a Lease would generally also require notarization. The parties should also investigate under what circumstances a Lease may need to be recorded. [_] Some states require the Lasigned Lease. Therefore, if there is one Landlord and 2 Tenants, 3 original leases should be executed (i.e. signed). [_] If a Lease exceeds a certain number of years, some states require that the Leasust sign the Lease. [_] The Tenant(s) must sign the Lease. If there is more than one adult Tenant, all should sign the Lease. [_] Generally both the Landlord and the Tenant(s) each retain an original bout the Lease; (3) The Lease; (4) Inspection Checklist; (5) Lead Paint Disclosure; (6) Exhibit A--Schedule of Furnishings; (7) Exhibit A Building Rules and Regulations cover sheet. [_] The Landlord mInstructions & Checklist Hawaii Apartment Lease Agreement - Furnished [_] This package contains: (1) Instructions and Checklist for Apartment Lease Agreement-Furnished (the "Lease"); (2) Information a Hawaii