Nov 23, So What can go Wrong with Your Construction or Make-over Project?

Will your Contractor Insurance cover all eventualities?

Before awarding a project to a contractor, the homeowner must verify that the contractor is adequately insured.

painter hanging precariously

The contractor must supply proof that he is current with Workman's Compensation - which covers injuries to the contractor and employees whilst working on your project - as well as General / Personal liability which insures you property.

The homeowner must insist on a certificate (not photocopies) from a reputable contractors insurance company, listing the contractor with the homeowner as co-insured.

Please Note: Our main Contractor page has links to all the related information and free legal forms for general contractors.


Site security is normally the responsibility of the contractor, such as when a new building is being constructed. In this case, the contractor will carry the risk for stolen or damaged materials or tools.

It becomes a bit more complicated when the owner may be supplying some of the materials e.g. a stained glass window or recovered pressed ceilings that must be built in. The homeowner should agree on a value for these items with the contractor and get legal advice on how best to assign risk for these special items in the contractor agreement.

If the project is at your home, there may be other goods (such as vehicles, a garden statue, prized plant etc.) at risk. Get advice from your own insurance company, automobile insurance company and the contractor's insurance agency on how best to cover all risks.

Note: It is preferable to the homeowner to have adequate contractor insurance in place, rather than having the burden on his homeowners insurance. Take photographs and copies of identity documents of all workers on site.

Performance Bonds

abandoned building tools

The biggest nightmare to any homeowner when building a home, is the bankruptcy of the contractor midway through the project!

Especially in the case of larger projects, the owner should require the contractor to cause a performance bond to be issued in favor of the homeowner.

In the event of insolvency of the contractor, or if the work is substantially not performed to regulations or the specifications as laid out in the General Contractor Agreement, the homeowner can claim monetary loss up to the amount of the performance bond. The homeowner must ensure that the amount specified, which is the maximum that will be paid out, is sufficient to cover losses.

The homeowner can further protect himself by filing the payment and performance bond as well as a copy of the contractor agreement with the County Recorder.

For more information on selecting a general contractor and waiver of lien forms, please refer to our General Contractor page.

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Nov 21, Social Media Will – Planning Ahead

A social media will should be compiled by everyone who uses the internet in any way.

The mere fact that you are reading this content online, probably indicates that you also use email. And that's just for starters.

Many people have a widespread and very active presence in social media and may also have digital assets such as an online store, Paypal account, photo library account etc.

globe with internet icons

Our Digital Solution!

You could make use of our App and completely bypass the need to capture anything on paper. Much easier to update from time to time!

You will be able to securely and confidentially store your login details, appoint an executor who can access the information when you pass away and who can follow the instructions on closing your accounts.

Visit our EndExec App page to register your email address and get advance notice when we launch our APP!

For Those of You Who Prefer a Hard Copy

We provide a free social media will template here which you can use to compile your own document.

Be sure to read through the guidelines first on managing Digital Assets.

You could simply give this document to your Digital Executor of choice, with instruction to execute after your death. However, if you make mention of this document in your Last Will and Testament (or add it as an Addendum) it serves to inform the executor of your will and your heirs of its existence and your wishes therein.

If you do not wish to start a new will from scratch, you could make provision for your digital assets by creating an Addendum or Codicil as per the sample document below.

Copyright Notice

ADDENDUM TO THE LAST WILL AND TESTAMENT OF

_____________________________________________
(Full Legal Names)

_____________________________________________
(Identification / Social Security Number/s)

_____________________________________________

_____________________________________________
(Address)

I, _______________________________ being of sound mind, declare this to be the First Addendum to my Last Will and Testament which was executed on _______________________20___.

In addition to the above, I add the following provisions:

Social Media and Digital Assets

I appoint __________________________ as Digital Executor to act on my behalf in all matters related to my digital assets and presence on the internet according to my Social Media Will and which do not form part of my estate assets. If he (she) is unwilling or unable to serve, then I appoint _____________________ as alternate Digital Executor.

I have compiled a Social Media Will with instructions to my Digital Executor as to how I wish my digital accounts and assets to be handled. My Digital Executor shall have the power to access all my digital accounts, information and devices listed in my Social Media Will in order to carry out my instructions and wishes. Digital Assets shall be deemed to encompass all online accounts, files and electronic devices so listed.

I direct that a copy of my death certificate be given to my Digital Executor to submit where required in execution of my Social Media Will.

Upon my death I direct that my Social Media Will be handed to my Digital Executor who has stated his/her willingness to serve in this capacity. This document is incorporated into this Addendum by reference only and does not form a material part of my Last Will and Testament, and is not subject to probate or public notice and is intended solely as a letter of instruction for the eyes of my Digital Executor.

Signed on this _________________ day of _________________20_____ at this location _______________________________________ in the presence of the undersigned witnesses.

SIGNED: _______________________________

WITNESSES

As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge ____________________, the creator of this will, is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we then signed as witnesses in his / her presence and in the presence of each other witness, all being present at the same time. Under penalty of perjury we declare these statements to be true and correct on this ________________ day of _________________ 20 __ at this location ________________________________.

Witness 1.

Name: _____________________________________________

Address: __________________________________________

Signature: ________________________________________

Witness 2.

Name: _____________________________________________

Address: __________________________________________

Signature: ________________________________________

***

NOTE: Alternatively you could update your current will (recreate the document) by adding the relevant paragraphs from the Addendum above to your document.


The Social Media Will template below is a separate document from your will. It serves to inform your loved ones (and any other interested parties) in writing of your wishes regarding your digital assets and the person (digital executor) you wish to carry out those wishes. This is a confidential document and need not be admitted for probate.

Note though that your digital assets may have monetary value and may have to form part of your estate unless you've made other arrangements. For example, a website can be registered in a trust and will then not be part of your estate.

Copyright Notice

Social Media Will of

_____________________________________________
(Full Legal Names)

_____________________________________________
(Identification / Social Security Number/s)

_____________________________________________

_____________________________________________
(Address)

I declare that I am of sound mind and of legal age to make this social media will and that this document expresses my wishes without undue influence or duress.

I appoint __________________________ as Digital Executor to act on my behalf after my death in all matters related to my digital assets and presence on the internet as listed below and which do not form part of my estate assets. If he (she) is unwilling or unable to serve, then I appoint _____________________ as alternate Digital Executor. Receipt of this document certifies acceptance to act in this capacity with due diligence and is limited to the digital accounts and electronic assets listed below.

I direct that as far as possible my Digital Executor manages my accounts, profiles or assets as follows:
Email - Delete all emails
PayPal - Withdraw any funds still available to my designated bank account and close my PayPal account
Facebook - Memorialize Account
StockPhotoSite - Cancel monthly subscription. Give login details to my neighbour Jane Doe to use any remaining photo credits
CloudBackUpCompany - Cancel subscription and close account
Skype - Delete account
Pinterest - Deactivate account
LinkedIn - Cancel Premium access and close account
iPhone and iPad - Erase all content and settings
GardeningEbooks - These denote ebooks created by me and listed for sale online. Ownership of copyright shall pass to my son John Smith and he may benefit from any future sales.
MyBlog - All login details to be given to my niece Sarah Smith who will continue work on the blog.
Twitter - This account is associated with MyBlog and all login details to be given to my niece Sarah Smith.

Signed on this _________________ day of _________________20_____ at this location _______________________________________ in the presence of the undersigned witnesses.

SIGNED: _______________________________

WITNESSES

Witness 1.

Name: _____________________________________________

Address: __________________________________________

Signature: ________________________________________

Witness 2.

Name: _____________________________________________

Address: __________________________________________

Signature: ________________________________________

***

hand on login screen

Good Practices for Logins and Passwords

We listed just a few examples of online accounts in the template above to illustrate how you can leave instructions to your Digital Executor. We opted not to include usernames or password details in this document. We all amend these details from time to time and reprinting the updated document every time will be cumbersome.

You need to decide how you will make the username, password and answers to security questions available to your executor.

A practical idea may be to have a dedicated memory stick - protected by one single password - containing all your login information, amended as and when you change anything. This password can be disclosed in your Social Media Will with information as to the location of your memory stick (if not in the same envelope).

This is where you need to get a bit clever! Create a password that only your executor will be able to figure out. E.g. the make of his/her first car and favorite city. The aim is to make it as easy as possible for your executor yet very hard for unintended persons to decipher and access your information.


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Nov 18, Tenant Eviction Process

A landlord's nightmare?

The time has come to use the dreaded eviction forms to get rid of an unwanted tenant.

Some tenants will respond quickly to remedy rent payment when served with a notice to quit.

chain and padlock on door

The problem is those really stubborn cases where you have reached the end of road with them.

Have you exhausted all other avenues?

Before you resort to the sometimes lengthy process process of eviction by completing the eviction notice to quit, have a look at a couple of creative ways to get rid of an unwanted tenant which may just work for you.

By law you may not lock them out, cut off the water and electricity or remove outside windows and doors. The legal way is to serve eviction forms, but maybe you can ...

Bribe Them

I know that galls you - they are already costing you a lot of money. Every day they're staying without paying rent or causing damage to your property is costing you even more. Get a quote from a lawyer to handle the case for you. Tell the tenant that you will lawfully evict them which will go on their record. Then offer to pay them the lawyer's fees if they leave immediately.

Convert the Property to a Shelter

Tell the tenant that you have huge sympathy for their inability to pay rent because of the hard times they're obviously going through. Their plight has opened your eyes to many more people who might be in the same situation, such as the homeless people who sleep on the street. As such you will be allowing a number of other people to share the property and they should be expecting them soon. Maybe that will prompt the tenant into paying or moving.

Reports from Landlords

I have the utility services registered in my name and I have added the following clause to my property rental agreement:

"The landlord shall not be obliged to sell utilities to tenants if there are any payments outstanding for rent, repairs or utilities."

PLEASE NOTE: www.free-legal-document.com and the webmasters do not accept any responsibility for any legal action which may arise from any of the above. You have to stay within the law, but you could get legal advice on whether you would be allowed alternative remedies such as the above. Ask your homeowners association for additional suggestions on how they handled a tenant in breach of an agreement.

For more information on landlord tenant law and links to our other free landlord forms, please visit our main
Real Estate Contracts page.

Sidebar: As landlords we have had no problems in ten years (touch wood) with tenants. We screen tenants thoroughly before accepting them and when in doubt, we would rather have a vacancy. There are many legal reasons to reject an applicant such as incomplete/wrong information or information that cannot be verified on the application form, insufficient funds etc.

Lawful reasons for evicting a tenant and notice time required (varies in different states and countries)

7 Days

how to pay rent

  • Non-payment of rent - tenant may have the option to remedy, i.e. pay and stay
  • Damage to Property
  • Being a nuisance
  • Health and / or safety hazard of the property
  • Illegal drug activity (if provided for in the lease)

30 Days

  • Violation of any clause in the lease which allows for termination
  • Not vacating the property after the lease expires
  • Trespassing

Eviction Forms - the first step

The Eviction Notice must be delivered
  • In person to the tenant
  • By registered / first class mail
  • To another person of legal age at the rental property with instructions to hand it to the tenant

(Suggestion: if not mailed, get a signature of receipt)

The Eviction Notice must contain the following:

  • Tenant's Name
  • Rental property description or address
  • Reason for the eviction
  • Time to take remedial action
  • Landlord's signature and date

If the tenant does not respond in any way to the eviction forms, the landlord has to begin a lawsuit for eviction. (Many times the whole legal process can be avoided if the parties go for mediation)

Every state and country has different forms to complete and procedures to follow. My advice - either get the approved court forms and complete them correctly or consult with a lawyer! We can not supply a universal form to start a lawsuit on this site and you do not want a technicality to ruin your case.

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Nov 16, Selling Something Privately?

A written bill of sale is to the benefit of both buyer and seller when transferring the ownership of goods of any kind.

We've compiled a variety of templates which you can download and print or edit to suit your requirements.

earth for sale

The general contracts of sale can be used for the sale of personal goods such as appliances, computer equipment, musical instruments, sporting or gardening equipment etc.

To document the sale of an automobile, boat or motorcycle, please refer to our free contract templates specifically drafted for those transactions.

Refer to the notes further down on the page for additional guidelines.

General Contracts

Standard Sales Template - Selling Goods with immediate exchange of Payment and Goods

Sales Template - Selling Goods with receipt of a Holding Deposit

Installment Sales and Liens - Legal Guidelines

Installment Sale - Sample Agreement making provision for multiple payments

Assignment of Copyright - To transfer ownership of copyright-protected material

Automobile Bill of Sale

car for sale

Car Sales Agreement - For a Single Payment

Used Car Sales Contract - For Installment Payments

Motorcycles

bike for sale

Free Motorcycle Bill of Sale - For a Single Payment

Motorcycle Installment Sale

Boats

boat for sale

Boat Sales Agreement - For a Single Payment

Boat Installment Sale

Should you need any information on how to download or edit any of our free legal documents, please refer to our Free Legal Forms Online help page.

The following guidelines can assist you in completing or adapting the free legal forms listed above:

  • The most important aspect for the buyer are the warranties made by the seller: The seller must warrant that he/she is the legal owner of the goods and that it is free of all encumbrances.
  • Conversely, it is as important to the seller to have the buyer acknowledge that the goods are bought As-Is, with no further guarantee or warranty from the seller.
  • Take care to describe the goods being sold in detail. List the make, model number and serial number if applicable as well as any other distinguishing details. You may also want to specify items not included if it is pertinent to the sale, e.g. Television Without Remote Control.
  • We've made provision for your bill of sale to be notarized. Should you wish to have your sales agreement notarized, you must sign it in the presence of the Notary Public. In many instances this won't be necessary though, and that portion can be deleted.
  • Buyer, seller and any witnesses must initial every page and any alterations and must sign in full at the end of the form.
  • The buyer and seller should each receive a copy of the document.
  • You can easily insert additional terms and conditions - take care to keep the paragraphs numbered chronologically.

If you have any suggestions as to other specific free legal forms or a tailor made sales agreement that you would like us to add, please Contact Us. You know your requirements best, so please list any terms and conditions that you would like to see included.

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Nov 14, Job Descriptions and the Multiple Uses for this Form

Job descriptions are not cast in stone. They should be adjusted
from time to time to reflect changes in the scope of the work, the company needs or the structure within the company.

The document should contain short but clear instructions in a summarized form and focus on essential activities. There is no need to list trivial tasks.

degree elements on monitor

Accurate and up to date job descriptions are amongst the most important documents to ensure effective employee management.

They form the basis of:

  • Your recruitment specifications - composing advertisements
  • Information required on the Application Form - qualifications, skills, experience
  • Legal Interview Questions
  • Remuneration scale
  • Provisions in the Employment Contract
  • Parameters for Employee Evaluation
  • Your legal defense in discrimination charges or if an employee is dismissed for poor performance.

Note: Visit our Employment Forms main page for links to the above and more job related free documents.


The free template below lists the main categories with explanatory notes in brackets to assist you in compiling your own employment forms.

Copyright Notice

Name of Company:                                        Date:

Job Title:


(Retail Manager, Receptionist, Sales Executive)

Department:


(Accounting, Administration, Sales)

Supervisor:


(Title of the supervisor e.g. Sales Manager - not the name of the person currently in that position)

Location:


(Physical address of the place of employment)

Working Conditions:


(Outdoors, Office, Factory, High noise levels, Chemical fumes)

Basis of Employment:


(Full time, part-time, temporary, fixed-term)

Principal Duties and Responsibilities:

   1.

   2.

   3. etc.

(These duties must be done by the jobholder. List them in order of importance, using active verbs in the description e.g. Maintain accurate stock records and perform stock takes bi-monthly. Prepare and produce monthly internal newsletter. Cleaning of shelves, counter tops and display cabinets)

Additional Duties and Responsibilities:

   1.

   2.

   3. etc.

(These are not essential duties, may be required from time to time and can also be done by another employee e.g. Assisting with annual stock takes. Manning the switchboard whilst the receptionist is on lunch)

Qualifications:

Knowledge:


(Specify the appropriate degree, license, certifications or number of years relevant experience. What is the minimum requirement)

Skills:


(Specify skills required e.g. knowledge of software, operating machinery)

Abilities:


(How physically demanding is the job. Must the applicant be able to see, hear, talk, run, lift heavy equipment)

Signature:


Job Title:


Acknowledgement by Employee:

The contents of this job description have been discussed with me and I have received a copy thereof. I understand that this document is general in nature and that duties and responsibilities required may be amended from time to time.

Signature:


Date:


***

Note: It is important to have your job descriptions drafted in such a way that it is bias-free in order to avoid any charges of discrimination.

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Nov 9, Final Rental Inspection Checklist

Completing a Rental Inspection Checklist in the presence of a tenant (or his/her representative) is important for a variety of reasons.

It details any damages (beyond normal wear and tear) or cleaning which the tenant has to make good at his/her cost failing which such repair or cleaning costs will be deducted from the security deposit.

packing boxes

More importantly (for the landlord) the tenant's signature acknowledges the defects listed.

Alternatively, it confirms that there are no defects or damages for which the tenant is liable and obliges the landlord to return the security deposit promptly.

We make provision for both eventualities in the free rental inspection list templates on this page. In both instances the tenant must be given a copy a copy of the signed form.

Before progressing to the final check, the landlord and tenant could (should!) arrange a preliminary check a week or two before the tenant moves out.

This will give the tenant the opportunity to make good any defects or perform the required cleaning noted at this time.

However, if the landlord visits the rental property on a regular basis, maintenance and cleaning can be attended to as and when required.


checklist

Note: It may be a duty of the landlord in some jurisdictions to inform the tenant of his/her right to request and be present at an initial inspection. If the tenant then does not exersize this right, the landlord shall not be obliged to perform this initial inspection.

On the last day of the tenancy or as soon as possible thereafter, a final inspection can be done. Should there then still be defects or damages to be repaired or cleaning to be done, the landlord or his Agent will effect the necessary and deduct the costs thereof from the security deposit.

Copyright Notice

Final Rental Inspection Checklist

A final inspection of the property located at ______________________________

was held on __________________20____ in the presence of both Landlord/Agent and Tenant/Representative. By mutual agreement the following defects (excluding fair wear and tear) are noted:






The Landlord/Agent shall proceed with repairs or cleaning of the items listed above and a final itemized list with costs and receipts shall be provided to the tenant. These costs shall be deducted from the security deposit and the balance of the security deposit and accrued interest will be returned to the tenant promptly.

Signed

Landlord/Agent ____________________________ Date _______________

Tenant/Representative _____________________ Date _______________

Should there be no defects to be repaired or cleaning to be done, then the following checklist can be signed by both parties.

Final Rental Inspection Agreement

A final inspection of the property located at ______________________________

was held on __________________20____

The Landlord/Agent hereby conforms that there are no defects (fair wear and tear excluded) in respect of furniture, fixtures, fittings or the structure of the above mentioned property for which the tenant is liable . The property is returned in a proper condition and there shall be no deductions for cleaning to be done by the landlord.

The full security deposit plus accrued interest, less any amounts due for utilities, shall be promptly returned to the tenant as soon as all amounts are finalized.

Signed

Landlord/Agent ____________________________ Date _______________

Tenant/Representative _____________________ Date _______________

***

Note: Even if the landlord signed an agreement stating that there were no defects listed at the time of the final inspection, this may be amended if:

  • The tenant's possessions obscured such defects;
  • Such defects occurred after the final rental inspection checklist was signed off.

Tenants are expected to return a property in the same state of cleanliness as when they received it. Both tenant and landlord are well-advised to keep photographic records of the before AND after state of a rental property.

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Nov 7, Free House Rental Agreement

Our free property rental agreement and related free legal forms for landlords
can assist you with the management of your tenants and property portfolio.

Having a comprehensive lease agreement in place can help protect both landlord and tenant against disputes arising in future.

However, not all of the clauses in our rental agreement template may be applicable to your property, or you may wish to add provisions not covered in our sample document.

You can copy and paste our rental forms into your word editor and adapt it as required, taking care to keep the numbered paragraphs in chronological order.

In the case of a furnished unit, simply attach an Inventory to your Lease Rental Agreement and also have that signed and witnessed.

The free property rental agreement supplied on this page is suitable for house rentals.

Free Property Rental Agreement

1. THE PARTIES TO THIS PROPERTY RENTAL AGREEMENT ARE:

1.1 THE LANDLORD:

Full Legal Names:


Identity / Social Security or Other (Specify) number:


Physical Address:




Postal Address:


1.2 THE TENANT:

Full Legal Names:


Identity / Social Security or Other (Specify) number:


Physical Address:




Postal Address:


Additional Members of the Tenant's Household:




The parties choose the above stated addresses as their physical addresses for purposes of delivery of any notice, payment of any amount and at which legal proceedings may be instituted pertaining to this property rental agreement. Each of the parties will be entitled at any time by way of written notice to the other to change the information regarding their physical addresses. Such change will become effective on the 7th day after receipt by the other party of the notice. Any notice which the Landlord requires to give to the Tenant shall be deemed to have been validly given if sent by pre-paid registered letter to the Tenant at the Property or left by the Landlord or his Agent at such address, which notice shall be deemed to have been received 5 days after posting by registered post, or on the day the notice was delivered by hand.

2. THE PREMISES:

Physical Address:




Outbuildings:


Fixed Improvements:


Grounds:


3. PERIOD OF LEASE:

3.1    The initial period of the lease shall start on the _______ day of _______________________ 20___

and shall end at midnight on the _______ day of _______________________ 20___.

3.2    The lease shall be automatically renewed after the initial term on a month to month basis under the same conditions.

Acknowledgement by Tenant: __________________________

3.3    After the initial period of the lease this property rental agreement may be canceled by either the Landlord or the Tenant by giving one month written notice.

3.4    For the purposes of this property rental agreement a month shall be construed to be a calendar month.

4. RENTAL:

4.1    The monthly rental for the premises for the initial period is an amount of _________ (in words: ______________________________________ ).

    4.1.1    The rental includes an amount payable for rates and taxes/levies in respect of the Premises to the local authority / body corporate / share block company / home owner's association concerned which will be payable by the Landlord.

4.2    The said monthly rental is escalated annually at a rate of ________% ( _________________________ percent) of the monthly rental for the previous year.

4.3    Rental shall be paid monthly in advance on or before the first day of the month, without any deduction whatsoever at the following address:


or directly into the following bank account:


4.4    Tenant to pay a late payment charge of __________________________ if rent is not received within five days after the due date to cover collection fees and/or additional administration fees and Tenant to pay an amount of __________________________for each rent check returned for insufficient funds and thereafter pay rent by cash or cashier's check.

4.5    In the event of the rental or any portion thereof not being paid on the due date, or the Tenant failing to meet his obligations under this property rental agreement, or the Tenant surrendering his estate or being sequestrated, provisionally or otherwise, the Landlord shall be entitled to by written notice require the Tenant to comply with the specific obligation which he has failed to meet within 14 (FOURTEEN) days after receiving the said written notice by hand or within 14 (FOURTEEN) days after the sending thereof per registered mail, and should the Tenant still fail to comply with such obligations the Landlord shall be entitled to:

    4.5.1    cancel this property rental agreement, eject the Tenant and/or any other persons occupying the premises without prejudice of his rights to claim arrear rental;

    4.5.2    claim payment of any arrear rental or any other monies due, be it compensation for damages to the premises, or damages arising out of breach of the agreement by the Tenant.

4.6    In the event of the Tenant not vacating the property after cancellation of the agreement by leaving his property or possessions behind, the tenant shall be liable for the rental.

4.7    The Tenant shall not be entitled to any reduction in rental while the Landlord does repairs to the property.

5. ADDITIONAL PAYMENTS BY TENANT:

5.1    Unless included in any levy payable by the Landlord in terms of 4.1.1, the Tenant shall from the date of commencement of this Agreement promptly pay for all expenses incurred by means of water use, electricity and or gas supply, sewer, effluent and sanitary fees, rubbish disposal and all charges arising out of any telephone or other service installed on the Premises.

5.2    The cost of this Property Rental Agreement together with any Stamp Duty thereon shall be paid by the Tenant.

5.3    All legal and collection costs incurred by the Landlord in respect of any legal steps taken by him against the Tenant to enforce any of the Tenant's obligations in terms of this Agreement shall be paid for by the Tenant to the extent permissible by law.

Should the Tenant fail to make payment of any of the aforementioned, the Landlord shall have the right without prejudice to his other rights in law or under this Agreement to effect payment himself and to recover the amounts so expended from the Tenant.

6. DEPOSIT:

6.1    The Tenant must deposit an amount of _____________________________ with the Landlord on signature of this Property Rental Agreement. This deposit will be held by the Landlord and may be used at any time to repair damages caused by the tenant to the Premises. The deposit or balance thereof will be refunded to the Tenant when this Agreement expires and after inspection of the Premises but not later than thirty days after this Agreement expires. The deposit may also be utilized for the payment of amounts due and owing by the Tenant in terms of this Property Rental Agreement as well as the cost of repairing damage (other than ordinary wear and tear) to the Premises and/or replacing lost keys. This provision is purely for the benefit of the Landlord and does not relieve the Tenant in any way from the obligation of any other payment or liabilities in terms thereof.

6.2    The Tenant shall not under any circumstances be entitled in the final month of the tenancy to withhold payment of the rent or portion of the rent for the final month and to set off such payment against any deposit which the Tenant may have paid in terms of this Property Rental Agreement.

7. TENANT OBLIGATIONS:

7.1    The Tenant has inspected the Premises and confirms that they are suitable for the purposes for which they are let for the duration of this Agreement.

7.2    The Tenant acknowledges that the Premises are in a good state of repair and specifically acknowledges that at commencement of this Property Rental Agreement, all of the sanitary installations and equipment, electrical installations and equipment, keys, locks, doors, windows, wash basins and taps are in a good state of repair and working order.

7.3    The Tenant shall give written notice to the Landlord within 7 (SEVEN) days after the commencement date, of any structural defects in the Premises, or any defects in the abovementioned installations and equipment, and the absence of such notice shall constitute prima facie proof of the absence of any defects or missing articles and the good condition of the Premises. Any notice given by the Tenant shall not place any obligation on the Landlord to effect any repairs but will serve only to record the state of repair.

7.4    The Tenant shall allow the Landlord or his agent access to the Premises at all reasonable times with prior arrangement with the Tenant, to inspect the Premises or to carry out any work that may be required to be done or are deemed to be necessary in order to keep the property fixtures and fittings in good order and conditions.

7.5    The Tenant undertakes to maintain the Premises and to return same in a clean and neat condition at the expiration of this Property Rental Agreement. The Tenant will be liable to promptly attend to any repair that may be necessary and in general attend to the upkeep and maintenance of the Premises, alternatively to reimburse the Landlord for the cost of replacing or repairing any breakages or defects. The parties also agree that the Landlord or his authorized agent may at anytime with prior arrangement with the Tenant inspect the Premises and point out any aspect that needs attention whereupon the Tenant shall be obliged to attend hereto within 7 (SEVEN) days after given written notice to do so. A failure to comply will constitute a breach of contract in terms of this agreement.

7.6    The Tenant undertakes to keep and maintain all gutters, sewerage pipes, water pipes and drains on the Premises free from obstruction and/or blockage.

7.7    The Tenant shall use and operate all electrical and plumbing fixtures properly.

7.8    The Tenant shall not remodel or make any structural changes to the Premises, nor shall the Tenant deface, mark, paint or drive nails, hooks or screws into any doors, walls, ceilings or floors, nor shall the Tenant attach or remove any fixtures or locks without the Landlord's prior written permission.

7.9    The Tenant acknowledges that any improvements made by the Tenant on or to the Premises shall become the property of the Landlord on termination of this Property Rental Agreement and the Tenant shall not be entitled to remove any such improvement unless so demanded by the Landlord in writing, nor claim from the Landlord any compensation in respect thereof. The Tenant further agrees to repair all damage caused by such removal failing which, the Landlord may have the improvements removed and damage repaired and recover all costs so incurred from the Tenant.

7.10    The Tenant shall not keep any pets or animals in or on the Premises without the Landlord's prior written consent and the Tenant shall be responsible for any damage to the premises caused by such pet or animal.

7.11    The Tenant shall not do or allow to be done in any way anything which would increase the premiums of or vitiate the Policies of Insurance on the property.

7.12    The Tenant shall keep the grounds of the Premises in a clean and tidy condition, free from all litter and rubbish, garden refuse and discarded appliances or motor parts and shall keep the hedges trimmed, lawns mowed and flower beds neat and tidy.

7.13    The Tenant undertakes to keep the swimming pool clean and free from dust, algae and other deleterious substances, to use the correct and sufficient chemicals as indicated by the Landlord or a pool company nominated by the Landlord and generally to maintain the pool, filter and motor in properly working order at the Tenant's expense. Any automatic pool cleaner which may be supplied by the Landlord, shall be maintained and repaired by the Tenant at his own cost and expense. If, for any reason, the Tenant shall have course to leave the Premises unoccupied for 7 (SEVEN) days, he will ensure that he continues to maintain the pool in accordance with the aforesaid obligations.

7.14    The Tenant agrees to use the Premises solely as a private dwelling for the Tenant and additional members of the Tenant's household as identified in this Property Rental Agreement and not permit use of the Premises for any other purposes other than as a private dwelling.

7.15    The Tenant shall not, without the Landlord's written consent, which consent will not be unreasonably withheld:

    7.15.1    Cede, assign, transfer, alienate, burden any of its rights or delegate any of its obligations under this Agreement.

    7.15.2    Surrender occupation or possession of the Premises or permit any person whether as licensee, subtenant, agent, occupier, custodian to take possession or occupation of the Premises.

7.16    The Tenant shall not provide accommodations for boarders or lodgers.

7.17    The Tenant may have temporary visitors. The same visitor may not stay overnight more than 4 (FOUR) times within any month without written permission from the Landlord.

7.18    The Tenant shall conduct himself/herself and require persons on the premises with his/her consent to conduct themselves in a manner that will not contravene any law, bylaw, ordinance or regulation applicable in respect of the Premises nor cause or permit any nuisance.

7.19    The Tenant shall allow the Landlord or his agent and/or any prospective Tenant or Purchaser to view the exterior and interior of the Premises during reasonable hours, provided a prior appointment to do so has been made with the Tenant.

7.20    The Tenant must regularly test the smoke detectors to ensure that they are working effectively. Batteries may not be removed except to replace them. It is a duty of the Tenant to inform the Landlord in writing of any defect or malfunction of smoke detectors.

7.21    The Tenant agrees that any violation of the law regarding illegal drug use will be grounds for immediate termination of this rental agreement, after the Landlord has filed a police report in this regard.

7.22    The Tenant shall notify the Landlord in writing within 4 days of moving out of a forwarding address. Failing to do so will relieve the Landlord of sending the tenant a list of damages against the security deposit.

8. LANDLORD OBLIGATIONS:

8.1    The Landlord shall be responsible for maintaining the main walls, roof and other structural parts of the Premises in good order and repair. Should the main walls, roof or other structural parts of the Premises become in a defective condition resulting in such consequences as leakage or danger to the Tenant, it shall be the obligation and duty of the Tenant to advise the Landlord of such defective condition in writing and the Landlord shall take steps to have the defective condition rectified without delay.

8.2    The Landlord shall not be liable for any compensation for any damage suffered by the Tenant as a result of rain, hail, snow, leakage, fire, flooding, storms, riot, theft, robbery or in general any damage as a result of any act or negligence whatsoever nor any damage suffered as a result of the interruption of water or electricity or gas supplies. Should the destruction be due to the default or negligence of the Tenant, his family, servants or persons occupying the Premises under him, the Landlord shall under these circumstances be entitled to claim payment of such damages as the Landlord may have suffered. If in any event the damage suffered to the Premises result in that the Premises is not suitable for the purpose for which it has been leased, it shall constitute a ground for the Tenant or the Landlord to cancel this Property Rental Agreement.

8.3    The Landlord shall be liable to pay all rates and taxes / levies payable in respect of the Premises to the local authority / body corporate / share block company / home owner's association concerned.

8.4    The Landlord undertakes that he will not accept any offer for the purchase of the Premises without first offering to sell the Premises to the Tenant. This pre-emptive right must be carried out by the Tenant within 14 (FOURTEEN) days after the offer has been made by the Landlord.

9. NO WAIVER:

No relaxation, indulgence, waiver or concession which the Landlord may show at any time whatsoever in regard to the carrying out of any of the Tenant's obligations in terms of this Property Rental Agreement, shall prejudice any of the Landlord's rights under this agreement in any manner whatsoever or be regarded as a waiver of any of the Landlord's rights in terms of this agreement.

10. LIMITATION OF LIABILITY:

The Tenant and any other person associated with the Tenant including but not limited to relatives, friends, visitors or employees shall have no claim for injury, damages or loss sustained directly or indirectly in or about the Premises against the Landlord for any act or omission of the Landlord including but not limited to any agent, servant, cleaner, maintenance person, handyman, artisan or employee of the Landlord save from that arising due to active and actionable negligence or willful misconduct.

11. FULL AGREEMENT:

This lease contains all the terms and conditions of the Property Rental Agreement entered into by the Landlord and Tenant. The Landlord shall not be liable for any warranty, guarantee, representations or undertakings of whatsoever nature which might have been made to the Tenant by any person whomsoever, except as contained herein. The Landlord shall not be bound by any amendment, alteration or variation of the terms of this agreement, unless reduced to writing and signed by the Landlord and Tenant or any person duly authorized thereto in writing by them. Expressions in the singular also denote the plural and vice versa, pronouns of any gender include the corresponding pronouns of the other gender and words denoting natural persons also refer to juristic persons and vice versa. If any clause, or part of a clause, in this Property Rental Agreement is found to be unlawful, it shall not affect any of the other clauses whatsoever and the balance of the Property Agreement will remain binding on both the Tenant and Landlord.

12. WARRANTY OF AUTHORITY AND DECLARATION:

Any person or more than one person signing this Property Rental Agreement warrants his or her authority to do so AND that they have read it and understand it and voluntarily agree to it.

13. JURISDICTION:

13.1 The parties consent to the jurisdiction of the magistrate's

(other ________________________) court for the district of

__________________________________

Signed at ______________________on this ______day of _________________20____

LANDLORD: _____________________________

WITNESS 1: _____________________________

WITNESS 2: _____________________________

Signed at ______________________on this ______day of _________________20____

TENANT:_____________________________

WITNESS 1: _____________________________

WITNESS 2: _____________________________

If you need help with a Residential Lease Agreement for your area, then visit LawDepot - links to specific countries are at the bottom of their pages. Make use of their Free 1 Week Trial option to see how it can work for you. Click on the link to start creating your Lease / Rental Agreement.

Please Note: If you are letting your property to more than one tenant who will share the rent and responsibilities, you have to add the following clause (let them sign it specifically to make sure they understand) and add additional lines at the bottom of the free property rental agreement for other tenants to sign and be witnessed.

We understand and agree that our obligations are joint and several. We understand that we will be responsible for our individual obligations as well as the obligations of all other tenants signing this agreement. This includes paying rent and all other terms of this rental agreement.

You may also want to add the following clause in your free property rental agreement to make provision for changes to the agreement after the lease starts:

The landlord may increase the rent after giving 30 days written notice in the case of the following:

For the attention of our site visitors from the USA: Lead-Based Paint - Disclosure of any known presence in housing built before 1978 in the U.S.A. To be signed by both parties. Follow this link: Lead Poisoning Prevention for a copy of a Federally approved pamphlet.

To guarantee performance of your tenant under this free property rental agreement, you may want to consider entering into an additional and separate guarantor agreement.

Nov 3, Do You Need a Model Release for Property?

Our photo release can be used to record permission to take photographs as well as the release of liability for any future claims for damages.

As much as you would need a signed model release form when photographing people, so too would you need a release from the property owner when you photograph a building, pet, car etc.

The free photo release on this page is for property images. Alternatively one of the other model release forms listed below may suit your requirements better:

Visit our main page on Photography Contracts for links to these free legal forms and additional legal guidelines.

The parties to this release agreement are:

Person / Entity Names: _______________________________________

Address: ___________________________________________________

Telephone and Email Address: ___________________________________

(Hereinafter referred to as "the Owner") with regards to a specific Property identified as:

__________________________________________________________

AND

Names: __________________________________________________

Address: __________________________________________________

Telephone and Email Address: _________________________________

(Hereinafter referred to as "the Photographer")

Whereas for valuable consideration hereby acknowledged as received, the Owner granted the Photographer permission to photograph the Property and furthermore grant permission to use the resulting work ("the Work") according to the terms stated hereunder:

1.    Any permission granted to the Photographer shall extend to his/her successors, legal representatives, licensees and assigns and shall be irrevocable and perpetual without any further or additional claim for compensation by the Owner.

2.    Permission is specifically granted for the Work to be edited, altered, distorted, used in whole or in part, in conjunction with other images, graphics, text and sound in any way whatsoever and without restrictions.

3.    Permission herein granted is absolute and final and shall not be subject to further inspection or approval by the Owner at any stage in the use of the Work.

4.    Use of the Work shall be unrestricted as to location, quantity or frequency, may be for any purpose and in any medium whatsoever, whether foreseen or unforeseen at this time, except where such use is in contravention of the law.

5.    Use of the Work may be in conjunction with the Property's name or description where applicable.

6.    The Photographer shall own all rights in the Work which shall accrue to the benefit of his/her successors, legal representatives and assigns.

7.    Notwithstanding the above, the following uses are specifically noted and agreed to, and specific exclusions for use listed here shall take precedence and restrict the use of the Work accordingly:






8.    The Owner warrants having read and understood this Photo Release Agreement and warrants being the Owner, and being of legal age and competency and with every right to enter into an agreement.

9.    With full knowledge of the above, the Owner hereby releases and shall hold harmless the Photographer and his/her successors, legal representatives, licensees and assigns from all claims or damages including but not limited to defamation or violation of right of privacy or publicity, resulting from or associated with the use of the Work.

10.    The Owner agrees that the provisions contained herein shall be binding upon his/her successors, legal representatives and assigns.

11. This Agreement shall be construed, interpreted and governed in accordance with the laws of the State of ___________ and should any provision of this Agreement be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.

12.    The parties agree that any or all parts of this agreement may be submitted to the other party in legible and recordable electronic form and upon acknowledgement of receipt by the receiving party shall become valid parts of the agreement.

Signed at ________________on this___day of _________________20___

Owner's Signature: _______________________________

Declaration by an Employee or Agent signing on behalf of Corporate Ownership

I ____________________ hereby warrant that I have the authority to execute the above agreement and sign on behalf of the Owner in my capacity as ___________________ of the Corporation identified as the Owner.

Signature: ____________________________

Signed at __________________ on this _____day of ___________________20____

Photographer's Signature: _______________________________

Note: In paragraph 7. of this photo release form we provide space where sensitive issues can be addressed, specific locations / countries can be excluded or uses may be excluded. For example: An Owner may stipulate that ownership or the location of the property may not be disclosed. Similarly, if the Photographer intends to use an image of a house alongside an article on drug activities in the suburbs for example, that should be noted too. Both Photographer and Owner must initial where any additions or alterations are made by hand.

All our photo release forms are provided as sample documents and are intended for informational purposes only. Consult with a lawyer in your jurisdiction for advice on specific legal matters.

Traffic Accidents: No Recourse

My question involves an injury that occurred in the state of: Georgia
Rear ended approximately one year ago while sitting at a stop sign. You have to get into the oncoming lane (no shoulder) when turning left. My view was obscured so I had to lean over the console into the passenger side to check for oncoming cars. The Impact put me almost across the road. My upper body whipped between the seats and into the backseat area (which broke the seat.) When I came to myself, I was addled (don't know if I lost consciousness), I backed car up until I thought I was out of traffic of through road. I pulled out my phone to call 911 and could not recall the number. The cop that wrote it up came to the ambulance to give me back my insurance card and told me he was writing me up for no insurance and that I had given him a business card. It was the correct card, I just didn't have the presence of mind to tell him to open it (it was folded in half.)
Ever since I have had problems with recall. I am a professional and I am certain this problem cost me a good job. When I met with my attorney he told me that there wasn't enough damage to the car to warrant or prove head injury. I still went to a neurologist and got what I consider a "drive by" assessment. He asked a lot of fast paced questions and was out in less than five minutes. I didn't have time to tell him of my symptoms (other than recall issues.) I have always had a good vocabulary and spoken with fluid syntax. My speech is now halting and some words I can't recall and so substitute elementary words in their place. My attorney told me (correctly) that a doctor would not say that the injury was caused by the wreck. So I have accepted that I have to live with it. I spoke to another provider who told me that my diagnosis (if I followed through) would be "Early onset dementia." This is the pits. My question is; Is this the norm? Has anyone else dealt with a situation like this? Money won't bring back my recall/clarity and I have already agreed to settle for medical bills (with exception of neurologist and MRI). It is the principle of the thing that bothers me. Because someone had their head up their butt, I'm messed up for life.

Traffic Accidents: Failure to Yield Causing an Accident

My question involves an injury that occurred in the state of: I was waiting at an intersection to turn left. An oncoming truck was on the right turn lane only and I was expecting him to turn right.
Thinking he will turn right, I slowly turned left and the truck instead of turning right came straight and hit my car.

https://www.google.com/maps/place/Al...944809!6m1!1e1

I got a ticket even though I let the officer know that the other person was on the righ turn lane only

How should I defend my case, any insight would be appreciated.

Thanks

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