Please read and agree to these terms before continuing.
RentLucky’s General Terms & Conditions
THIS AGREEMENT FORMS A LEGALLY BINDING CONTRACT BETWEEN YOU AND MY WAY REAL ESTATE SERVICES LLC d/b/a RENTLUCKY. IT IS IMPORTANT THAT YOU TAKE THE TIME TO REVIEW THIS AGREEMENT CAREFULLY.
1. Who May Use the Services and Website. The opportunity to partake in the Service and Website, as defined herein, is not available to minors under the age of eighteen (18) or to anybody who has been previously terminated for violating this Agreement (in its present version or former versions). You may not access the Website or Services if You are (i) a competitor; or (ii) for any competitive purpose.
2. Privacy. You are responsible for maintaining the confidentiality of Your account and password and for taking all reasonable steps to do so. You agree to accept responsibility for all activities that occur under Your account or password. You agree to notify RentLucky immediately if You know or suspect any unauthorized use of Your account or password. RentLucky may share the information and data which You input in this Website with RentLucky’s agents and personnel in the normal course of business. RentLucky also share some of Your information with third parties.
3. Intellectual Property. All trademarks, logos, photographs, and service marks displayed on the Website and in any lease or other forms/contracts (IP) are the property of RentLucky and, possibly, other parties. You are prohibited from using any IP for any purpose whatsoever without the express written permission of RentLucky or such vendor or third party which may own the IP. All information, data, and content including any software programs available on or through the Website (Content) is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing creating derivative works or using any Content for commercial or public purposes. If You submit a listing, You grant RentLucky a worldwide, perpetual, unlimited right to use, reproduce, modify, distribute, and display Your listing in any media. Additionally, You grant RentLucky a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information You provide, directly or indirectly to RentLucky, without any further consent, notice and/or compensation to You or to any third parties.
4. Equal Housing Opportunity. RentLucky complies with federal and local laws regarding equal housing opportunity. RentLucky’s agents perform all Services in accordance with the requirements of the Fair Housing Act of 1968, as amended, and shall take action considered appropriate to carry out the purposes of the Act. RentLucky requires that all listings are compliant with the law regarding equal housing opportunity.
5. Indemnification. You agree to defend, indemnify RentLucky and hold RentLucky harmless from and against any and all debts, claims, demands, lawsuits, regulatory proceedings and all damages, losses and costs (including, without limitation, settlement costs) and expenses (including, but not limited to, reasonable attorneys’ fees, expert fees, legal costs and arbitrator fees) related to all third party claims, charges, and investigations, caused by (a) Your failure to comply with this Agreement; (b) any submissions or information You provide, and/or (c) any activity in which You engage on the Website or using the Services.
6. Limitation of Liability. IN NO EVENT WILL RENTLUCKY OR ANY OF ITS AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES OR WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST RENTLUCKY WITH RESPECT TO THIS AGREEMENT OF USE OR THE SERVICES OR WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
7. Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RENTLUCKY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. RENTLUCKY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. RENTLUCKY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, DIFFICULTY WITH ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO TECHNICAL PROBLEMS RELATED TO INTERNET SERVICE PROVIDERS, AND FOR ANY OTHER REASON. NOTHING IN AGREEMENT TERMS, INCLUDING THIS PARAGRAPH 7, AS WELL AS PARAGRAPH 6, SHALL EXCLUDE OR LIMIT RENTLUCKY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSON OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSON OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BEACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND RENTLUCKY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ADDITIONAL DISCLAIMERS CONTAINED IN RENTLUCKY’S SERVICES FOR RENTERS, LESSORS OR OWNERS (DEFINED HEREIN) ARE INCORPORATED HEREIN AND ARE FULLY APPLICABLE.
8. Additional Legal Terms.
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE RESIDENTIAL PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RENTLUCKY DOES NOT GUARANTY THAT THE RESIDENTIAL PROPERTIES, SERVICES, OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR DEFECT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENTLUCKY, THROUGH THE WEBSITE OR FROM THE RESIDENTIAL PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS NOR MAY THEY CHANGE OR ALTER THE TERMS.
b. ANY INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR, OR ANY THIRD PARTY’S, PROPERTY, PERSON, COMPUTER SYSTEM, OTHER DEVICES, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR WEBSITE.
c. ALL PRODUCTS/SERVICES, CONTENT OR ADVICE PROVIDED TO YOU, DISCUSSED WITH YOU, DESCRIBED TO YOU, RECOMMENDED TO YOU OR MENTIONED TO YOU BY RENTLUCKY OR THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED, DISCUSSED, DESCRIBED, RECCOMENDED OR MENTIONED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY OR ACCURACY. ANY PROVIDING, DESCRIPTION, DISCUSSION, RECCOMENDATION OR MENTION IS NOT A GUARANTY, WARRANTY OR ENDORSEMENT OF ANY RESIDENTIAL PROPERTY. ACCORDINGLY, RENTLUCKY IS NOT RESPONSIBLE, DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE HABITABILITY, RELIABILITY OR PERFORMANCE OF ANY RESIDENTIAL PROPERTY.
d. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RENTLUCKY AND ITS SUBSIDIARIES, AFFLIATES, OFFICERS, EMPLOYEES, AGENTS PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOST GOODWILL, LOST USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENTLUCKY HAS BEEN ADVISED OF THE POSSIBIILITIES OF SUCH DAMAGES) RESULTING FROM THE RENTAL/USE OF THE RESIDENTIAL PROPERTIES, SERVICES OR WEBSITE. FURTHER, RENTLUCKY SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING TO BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY RESIDENTIAL PROPERTY PRODUCED, DELIVERED, DESCRIBED, RECOMMENDED OR MENTIONED BY RENTLUCKY, VENDOR OR THIRD PARTY; ANY CHANGES WHICH RENTLUCKY MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PRODUCT/SERVICES OR WEBSITE; THE DELETION OF , CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINATINED OR TRANSMITTED, BY OR THROUGH, YOUR USE OF THE WEBSITE; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
e. RentLucky reserves the right to make changes to the Website, Services, Agreement, and related policies at any time and for any reason.
f. Unless explicitly stated otherwise, RentLucky as used herein shall be deemed to include RentLucky as well as all of RentLucky’s agents, attorneys, employees, shareholders, managers, members, owners, consultants, directors, officers, parent corporations, subsidiary corporations, affiliated corporations, and successors and assigns.
g. The rules of contra proferentem shall not apply to the interpretation or construction of this Agreement and in case of a dispute the terms of the Agreement should be construed neutrally and not against the drafter.
h. In the event of any dispute over, relating or referring to this Agreement, including but not limited to collections actions, breach of Agreement actions, declaratory judgment actions or equitable injunction actions the prevailing party will be entitled to its reasonable legal costs, expert fees, and attorneys’ fees. The construction, validity and performance of this Agreement will be governed by, and construed in accordance with, the laws of the state of Washington. All parties hereby submit to the jurisdiction of Washington state courts. The venue for all disputes shall exclusively reside in the Superior Court of King County, Washington.
i. If any term, clause or provision of Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision will be deemed to be severed from the Agreement.
j. The provisions of this Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns, heirs and administrators.
k. In the event of any dispute over, relating or referring to this Agreement, including but not limited to collections actions, breach of Agreement actions, declaratory judgment actions or equitable injunction actions the prevailing party will be entitled to its reasonable legal costs, expert fees, and attorneys’ fees.
l. The failure of non-breaching Party to seek relief for the breaching Party’s breach of any duty under this Agreement, will not waive any right of the non-breaching Party to seek relief for any subsequent breach.
m. This Agreement constitutes the entire understanding of the Parties, and supersedes all prior Agreements between the Parties, and will not be modified or amended except in writing signed by both Parties.
RentLucky’s Specific Terms of Service for Property Leasing Services
If You wish to engage RentLucky’s Property Leasing Services for Your property (Property), You, referred to as “Lessor,” in Paragraphs 29-35, as Lessor agree to the following provisions prior to using any of RentLucky’s Services or the Website. Paragraphs 29-35, are in addition to RentLucky’s General Terms & Conditions which are incorporated herein. The Lessor will execute a separate Leasing Agreement (Leasing Agreement) which, upon execution, will be incorporated in to Paragraphs 29-35. The Leasing Agreement shall be harmonized with Paragraphs 29-35, however, in the case of conflict between the terms of the Leasing Agreement or Paragraphs 29-35, the terms of the Leasing Agreement shall prevail.
29. RentLucky will exclusively market Lessor’s property (Property) in an attempt to lease the Property (“Leasing Service”) to potential residential tenants (“Tenant”) as Lessor’s real estate agent and broker. The Leasing Service consists of placing on-Property signage; rent rate consulting, internet marketing on and off RentLucky’s website; sourcing, reviewing and recommending potential Tenants; negotiating with potential Tenants; and acting as a liaison between Lessor and the Tenants until the lease for the Property (Lease) is executed, and other services set forth in the Leasing Agreement.
30. LEASING AUTHORITY: The Lessor authorizes RentLucky and grants all necessary authority to act as Lessor’s agent, and in Lessor’s name when necessary to fully and legally bind the Lessor, to execute the Leasing Services and any leases/contracts in conjunction therewith which includes but is not limited to the following in this Paragraph 30:
a. Lessor shall approve or deny RentLucky’s “sole leasing authority.”
i. If Lessor does grant RentLucky’s sole leasing authority. Subject to the conditions set forth in the Paragraphs 30(a)-(d), RentLucky may, in Lessor’s name, approve and execute a Lease and ancillary documents, in Lessor’s name, as Lessor’s agent, and legally bind the Lessor in the Lessor’s name without further consultation or authority from the Lessor.
ii. If Lessor does not grant RentLucky sole leasing authority. RentLucky will source potential Tenant and procure Lessor’s approval of the potential Tenant and Lease and ancillary documents prior to executing the Lease and ancillary documents, subject to the conditions set forth in the Paragraphs 30(a)-(d), in Lessors name, as Lessor’s agent, and legally bind the Lessor in the Lessor’s name.
b. Lessor authorizes RentLucky to establish, without further consultation, the Property’s monthly rent (Rent) and security deposit (Deposit) amounts based on prevailing market conditions and RentLucky’s professional discretion so long as the Rent is no less than an agreed minimum amount (Minimum Amount) per month and the Deposit is no less than one month’s Rent. The Minimum Amount shall be established in the Leasing Agreement. If, in RentLucky’s discretion, the Minimum Amount should be reduced, RentLucky will obtain email approval from Lessor to lower the Minimum Amount to a sum certain as many times as is reasonable and necessary to lease the Property.
c. Lessor authorizes RentLucky to establish, without further consultation, the Lease term so long as RentLucky pro-rates the Leasing Fee for any term less than one (1) year (with twelve (12) months being the denominator and the number of months of the Lease being the numerator and multiplying this fraction by the Leasing Fee (i.e. nine (9) month lease earns RentLucky seventy five percent (75%) of the Leasing Fee.) Lease terms of over one year shall be approved by the Lessor and an additional fee of $250 per additional year, with no proration for partial years shall be added to the Leasing Fee in Paragraph 31.
d. Lessor shall approve or decline to approve RentLucky, without further consultation, to permit Tenants to keep their pets on the Property subject to an agreed additional pet deposit and additional restrictions. The foregoing in this Paragraph 30(d) shall be established in the Leasing Agreement.
31. FEES/CANCELLATION: Lessor shall pay RentLucky an agreed amount for the Leasing Services, established in the Leasing Agreement, which shall not be less than one month’s rent (Leasing Fee) for the Leasing Services. RentLucky earns the Leasing Fee, and the Leasing Fee is nonrefundable and immediately due and owing to RentLucky, at the time this Agreement is executed. The Leasing Fee is not contingent upon Tenant’s performance under the Lease. The Lessor authorizes RentLucky to direct the Tenant, from the Tenant’s payment of first month’s rent under the Lease, to pay the Leasing Fee directly to RentLucky, in RentLucky’s name. In the circumstance where first month’s rent is greater than the Leasing Fee, RentLucky shall direct the Tenant to make one payment to RentLucky and RentLucky will disburse the difference to the Lessor within fourteen (14) days of said payment being negotiated to immediately available funds by RentLucky. If at the expiration of the Lease term, or any future lease term thereafter, the Tenant executes a new lease for the Property through the services of RentLucky, the Lessor shall pay RentLucky a renewal fee of two hundred fifty dollars ($250) (Renewal Leasing Fee) per year, with no proration for partial years, of said lease each time a new Lease is executed. Either Party may cancel the Leasing Services upon thirty (30) days notice for cause. However, Lessor shall pay a $500 cancellation fee.
32. SOURCING TENANTS: RentLucky shall be the sole point of contact and communications regarding leasing and or renewing leasing for the Property. All inquiries, communications or negotiations regarding, or referring to, leasing or renewing leases for the Property shall be immediately forwarded to RentLucky. RentLucky will source and review potential Tenants to lease the Property, which may include: reviewing Tenant’s credit, criminal and eviction history as well as telephone verification of listed references (Review). RentLucky may conduct the entire Review or outsource portions of the Review to independent contractors. RentLucky does not guaranty the results of the Review including the accuracy or performance of independent contractor’s services. Lessor acknowledges and agrees that there are risks with renting any property, including the Property. While the Review is prudent, neither RentLucky, nor the Review, represents, covenants or guarantees the performance of any Tenant under the Lease. Lessor expressly acknowledges and agrees that RentLucky does not represent, covenant or guaranty, that the Tenant will perform under the Lease and, except for instances of RentLucky’s gross negligence or intentional malfeasance or misconduct, Lessor shall solely and exclusively seek recourse or recompense against Tenant for any and all damages due to Lease breach or Property damage and Lessor expressly releases, exculpates and will not hold RentLucky liable for any Tenant Lease breach or Property damage whatsoever.
33. RENT READY: Lessor represents, covenants and guarantees that the Property is, and will remain at all times, in rent ready condition, in good repair, covered under an insurance policy which expressly permits the leasing of the Property to third party residential tenants (covering all claims made by said tenants and their guests, invitees and licensees) and all other necessary and reasonable insurances to adequately protect the Parties, and in compliance with all laws and local ordinances, including, but not limited to the Washington Landlord Residential Tenant Act at RCW 59.18 et. seq. as amended from time to time. Prior to leasing, RentLucky may elect to visit the Property to inspect the marketability of the Property. If RentLucky, in RentLucky’s sole discretion, determines that the Property is not marketable, RentLucky may terminate the Leasing Services without penalty or require that Lessor improve the Property to cause the Property to be marketable. Lessor hereby acknowledges that they have installed working smoke detectors and carbon monoxide detectors per code on each level of the Property. RentLucky is not licensed to practice law and cannot offer legal advice. The Lessor is solely responsible and liable for any costs or expenses incurred in complying with this Paragraph 33.. If Lessor manages the Property, as a landlord, Lessor shall comply with all laws and local ordinances, including, but not limited to the Washington Landlord Residential Tenant Act at RCW 59.18 et. seq. as amended from time to time, including the management of Tenant funds.
34. INDEMNIFICATION: The Lessor shall indemnify, defend and hold RentLucky harmless from and against any and all debts, claims, demands, lawsuits, regulatory proceedings and all damages, costs (including without limitation, settlement costs) and expenses (including, without limitation, reasonable attorneys’ fees, expert fees, legal costs and arbitrator fees) (Claims) brought by Tenants, or third parties arising from, or relating to, the Tenants, the Property or this Agreement except for Claims arising out of RentLucky’s gross negligence or intentional malfeasance and misconduct. RentLucky shall also not be liable for any error of judgment or any mistake of fact or law, or anything which RentLucky may do or refrain from doing hereinafter, except in cases of gross negligence or intentional malfeasance and misconduct. Lessor shall carry, at Lessor’s own expense, necessary liability and other insurances adequate to protect the interest of the Parties to this Agreement.
35. Washington State law requires real estate agents and/or brokers to disclose to all parties to whom the broker renders real estate brokerage services whether the agent/broker represents the lessor (Lessor), the lessee (Tenant), both lessor and lessee, or neither. RentLucky shall only represent the lessor (Lessor). Lessor will acknowledge receipt of a copy of the pamphlet entitled “The Law of Real Estate Agency.” RentLucky shall perform the Services in accordance with the requirements of the Fair Housing Act of 1968, as amended, and shall take action considered appropriate to carry out the purposes of the Act.
RentLucky’s Specific Terms of Service for Property Management Services
If You wish to engage RentLucky’s Property Management Services for Your property (Property), You, referred to as “Owner,” in Paragraphs 36-44, as Owner agree to the following provisions prior to using any of RentLucky’s Services or the Website. Paragraphs 36-44, are in addition to RentLucky’s General Terms & Conditions which are incorporated herein. The Lessor will execute a separate Management Agreement (Management Agreement) which, upon execution, will be incorporated in to Paragraphs 36-44. The Management Agreement shall be harmonized with Paragraphs 36-44, however, in the case of conflict between the terms of the Management Agreement or Paragraphs 29-35, the terms of the Management Agreement shall prevail.
36. RentLucky shall exclusively manage and serve as the Owner’s agent (Management Services) for the Property on behalf of the Owner. The Management Services includes establishing an Owner portal in a general clearing account for all RentLucky’s clients where the Owner can review the financial transactions related to the Property and where the monies associated with the Property are collected, disbursed and accounted for (Property Account), collecting rent from tenants of the Property (Tenants) and accounting for and disbursing the same for Owner, communicating with Tenants, acting as a liaison between Owner and Tenant, issuing basic legal notices (i.e. pay or vacate, comply or vacate), procuring and overseeing maintenance and other professionals (Contractors), and issuing accounting statements to enable Owner to prepare 1099 and other tax records. RentLucky shall manage the Property in accordance with the requirements of the Fair Housing Act of 1968, as amended, and shall take actions considered appropriate to carry out the purposes of the Act.
37. TERM: The Management Services shall be for an indefinite term (Term) commencing on the earlier of either (i) a Tenant executing a lease for the Property or (ii) a Tenant occupying or beginning to move into the Property (Start Date) and automatically renews every month thereafter until terminated pursuant to this Agreement. The Owner shall remit and agreed sum dollars to RentLucky on the first (1st) day of every calendar month (Monthly Fee). The Monthly Fee shall be established in the Management Agreement. For Start Dates occurring before the first (1st) day of a calendar month, the Owner shall pay an initial pro-rated payment which shall be the Monthly Fee divided by the number of days from the Start Date until the first (1st) day of the next calendar month (Prorated Start Payment)). Owner authorizes RentLucky to withdraw the Prorated Start Payment and Monthly Fee from the Property Account for this purpose. If the Owner terminates Management Services within ninety (90) days of the Start Date, the Owner shall pay RentLucky a five hundred dollar ($500) termination fee (Cancellation Fee) and Owner authorizes RentLucky to withdraw the, or part of the, Cancellation Fee from the Property Account for this purpose. After ninety (90) days of the Start Date, the Owner or RentLucky can terminate this Management Services upon thirty (30) days notice (Cancellation Notice). Unless a Party notifies the other Party in writing (email is sufficient), the Management Services will be automatically extended on the first (1st) day of every subsequent calendar month and shall be in effect during that entire calendar month (Monthly Extension). All the terms of the Management Services shall apply during each and every Monthly Extension. If no Cancellation Notice is given, the Monthly Extension shall continue every month until the Cancellation Notice is provided.
38. RENT/ACCOUNTING: Owner authorizes RentLucky to administer all financial aspects regarding Tenant’s leasing of the Property (including, but not limited to collecting rent and paying expenses). RentLucky shall collect, disburse and account for Tenant’s rent for Owner’s account in the Property Account. The Property Account is within a single bank account, and not a separate bank account, where RentLucky may comingle the monies in the Property Account with other monies from other customers of RentLucky. However, RentLucky will individually account for the monies in the bank account which are attributable to the Owner and Property. RentLucky shall render monthly itemized statements of receipts, expenses, charges and accruals and remit to Owner receipts (Receipts), less disbursements and accruals for future expenses. In the event disbursements (Disbursements) shall exceed Receipts and remaining Cost Deposit, Owner shall remit the difference (Difference) to RentLucky within fifteen (15) days of RentLucky’s notice to Owner and restore the Cost Deposit. If Owner fails to remit the difference (Difference) to RentLucky, Owner authorizes RentLucky to apply future Receipts to pay for and satisfy the Difference and restore the Cost Deposit and/or withhold any further Receipts to Owner until Owner pays for and satisfies the Difference and restores the Cost Deposit.
39. TENANT DEPOSIT: The Owner directs RentLucky to receive and disburse Tenants’ security and other deposits (Tenant Deposits). Owner understands that all Tenant Deposits shall be held, accounted for and disbursed according to all relevant statutes, including, but not limited to Washington State Landlord Tenant Act and that RentLucky will comply with the same when managing said Deposits. RentLucky reserves the right to establish a separate bank account for the Tenant Deposits.
40. TENANT NOTICES: RentLucky shall issue notices (i.e. three-day pay-or-vacate, ten-day comply-or-vacate) (Notices) as Owner directs and in compliance with all laws then in effect. Any additional fees collected from Tenant above Tenant’s monthly rent as a result of the Notices will be divided equally between Owner and RentLucky. RentLucky is not licensed to practice law. Any further legal action after Notice issuance, shall be the sole responsibility of Owner, including but not limited to contracting with, communicating with and paying for any legal counsel.
41. REPAIRS/MAINTENANCE/OTHER EXPENSES: The Owner shall deposit an agreed cost deposit (Cost Deposit), as set forth in the Management Agreement, as an advance deposit towards maintenance and repairs and other third party services/costs for the Property (M&R Cost). RentLucky will source appropriate independent contractors (Contractors) or products. The Owner is liable for all M&R Costs and authorizes RentLucky to pay M&R Costs out of the Property Account before turning to Owner for direct payment. RentLucky shall receive Owner approval for any M&R Cost greater than one hundred dollars ($100). If the M&R Cost is less than one hundred dollars ($100) RentLucky may, in RentLucky’s discretion, authorize the M&R Cost. In the case of an emergency or Owner’s inordinate unavailability or inaccessibility, RentLucky shall have the authority, in RentLucky’s reasonable discretion, to authorize the M&R Cost. RentLucky shall use RentLucky’s professional discretion in recommending or authorizing Contractors or incurring M&R Costs. Notwithstanding the previous sentence, Owner acknowledges and agrees that (i) Contractors are independent contractors (ii) RentLucky is not responsible, and hereby disclaims, liability for the acts or omissions of any Contractor and (iii) Owner shall solely turn to Contractor for recompense or any damages related to Property and the Contractor’s acts or omissions or damage to the Property therefrom. The Owner shall be responsible for all third party costs in pursuance of the Services or related to the Property including, but not limited to Contractor fees, maintenance, repairs. Under no circumstances, whatsoever, shall RentLucky be responsible for Contractor expenses, other M&R Costs, or any third-party expenses whatsoever in the performance of the Services. The Owner authorizes RentLucky to pay all M&R Costs and other expenses from the Property Account before turning to Owner to pay said costs directly. Owner hereby acknowledges that they have installed working smoke detectors and carbon monoxide detectors per code on each level of the property. If RentLucky discovers no working smoke detectors or carbon monoxide detectors or they are not up to code, RentLucky is authorized to correct the foregoing at the sole cost to the Owner.
42. OWNER DUTIES: The Owner shall promptly furnish RentLucky with all documents and records required for the management of the Property, including, but not limited to, all leases, pertinent correspondence, copies of any service contracts and all applicable insurance policies. Owner, at all times, shall maintain the Cost Deposit in the Property’s Property Account and, in the event that the Property Account is less than the Cost Deposit, Owner authorizes RentLucky to restore the account from Receipts otherwise due to Owner until Owner restores the Cost Deposit. If the Owner breaches any provision of this Agreement, after a seven (7) day written notice to cure, RentLucky may terminate this Agreement and file suit for any and all damages owing to RentLucky.
43. INDEMNIFICATION: The Owner shall indemnify, defend and hold RentLucky harmless from and against any and all debts, claims, demands, lawsuits, regulatory proceedings and all damages, costs (including without limitation, settlement costs) and expenses (including, without limitation, reasonable attorneys’ fees, expert fees, legal costs and arbitrator fees) (Claims) brought by Tenants, Contractors or third parties arising from, or relating to, the Tenants, the Property or this Agreement except for Claims arising out of RentLucky’s gross negligence or intentional malfeasance and misconduct. RentLucky shall also not be liable for any error of judgment or any mistake of fact or law, or anything which RentLucky may do or refrain from doing hereinafter, except in cases of gross negligence or intentional malfeasance and misconduct. RentLucky shall not incur any liability for bankruptcy or failure of the depository where the Property Account or Cost Deposit is maintained. Owner shall carry, at Owner’s own expense, an insurance policy covering the Property which expressly permits the leasing of the Property to third party residential tenants (covering all claims made by said tenants and their guests, invitees and licensees) and other insurances to adequate to protect the interest of the Parties to this Agreement.
44. RENEWALS: If at the expiration of the Term, or any future lease term thereafter, the Tenant executes a new lease for the Property, the Owner shall pay RentLucky a renewal fee of two hundred fifty dollars ($250) (Management Renewal Fee) per year, with no proration for partial years, of said lease each time a new Lease is executed which RentLucky may direct the Tenant to pay directly to RentLucky out of the next month’s rent for the Property.