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Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
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MANAGEMENT
OF SINGLE FAMILY HOUSE
This agreement
dated _______________________, is made By and Between
________________________,
whose address is ____________________________, referred to
as
"Owner", AND _______________________, whose address is
____________________,
referred to as
"Agent."
1. Agency. The
Owner hereby employs the Agent to lease and manage the Owner's single
family residence
(hereinafter referred to as "Property") located and described as
follows:
(Address or
Legal Description)
2. Duties of
Agent. In order to properly manage and lease the property, the Agent shall
have the
following duties and responsibilities:
A. Best Efforts.
The Agent shall use its best efforts to attract and retain tenants for the
property.
B. Lease
Negotiations. The Agent shall handle all negotiations with tenants with respect
to
leases. All such
agreements are subject to the approval of the Owner. However, the Owner may
provide the
Agent with authorization to lease under certain specified terms and conditions.
C. Employees.
The Agent shall employ, supervise, discharge, and pay all employees or
independent
contractors who are reasonably required in the proper management and operation
of
the property.
The Agent shall pay all employees and independent contractors and fully complete
all
necessary
federal tax returns and payments of related taxes on behalf of the Owner.
D. Supplies. The
Agent shall purchase all necessary supplies for the proper management
of the property.
This includes heating fuel where applicable.
E. Repairs and
Maintenance. The Agent shall contract for or undertake the making of all
necessary
repairs and the performance of all other necessary work for the benefit of the
property
including all required alterations to properly carry out this contract. However,
no expenses
shall be
incurred for such matters in excess of Fifty Dollars ($50.00) for any single
item without the
express consent
of the Owner, except where required during an emergency.
F. Mortgages and
Other Expenses. From the rents received the Agent shall pay all
operating
expenses and such other expenses as requested by the Owner. This may include the
payment of
mortgages or taxes.
G.
Miscellaneous. The Agent shall also perform all other necessary tasks and do all
other
things as
required for the proper management, upkeep and operation of the property as
customarily be
performed by a Managing Agent of this type of property. This includes handling
of all
inquiries and
requests from the tenants.
H. Collection of
Rents. The Agent shall collect the rents and other income from the property
promptly when
such amounts come due taking all necessary steps to collect same and performing
all reasonable
acts on behalf of the Owner for the protection of the Owner in collection of
such
amounts.
I. Financial
Records. All monies collected by the Agent shall be deposited into a special
bank account or
accounts as required by the Owner. Such monies of the Owner shall not become
mingled with
funds of the Agent. However, the Agent may withdraw monies from such accounts as
necessary to
properly perform this contract and in payment of compensation as required by
this
contract. The
Agent shall provide the Owner with periodic statements accounting for all
expenses
and will open
its records to the Owner upon demand.
J. Payments to
Owner. The Agent will make payments to the Owner from time to time from
the funds being
held by the Agent.
3. Compensation
of Agent. The Owner shall pay the Agent as full compensation for the
services of the
Agent the sum of _________ Dollars ($________) per month. These amounts shall
be payable to
the Agent when such funds become available from the amounts collected by the
Agent according
to this contract.
4. Duties of the
Owner. The Owner will provide all necessary documents and records and
fully cooperate
with the Agent in all matters with respect to this contract. The Owner will
provide the
Agent with
evidence of insurance which evidence the Agent shall examine to determine the
adequacy of
coverage. If necessary, additional insurance of changes in insurance coverage
may
be made upon the
approval of the Owner.
5. Indemnity.
The Owner shall indemnify and hold the Agent completely harmless with
respect to
liability and damages, costs and expenses in connection with any damage or
injury
whatsoever to
persons or property arising out of the use, management, operation, occupation,
ownership,
maintenance or control of the property or out of any matter or thing with
respect to which
it is elsewhere
in this contract provided or agreed that the Agent shall not be under
responsibility.
However, the
Owner will not indemnify the Agent against the willful misconduct of the Agent.
6. Term of
Contract. This contract shall continue for a period of one year from the date
hereof, and
shall be automatically renewed from year to year unless terminated by either
party
upon written
notice sent to the other party not less than fifteen (15) days before any
expiration date.
7. Termination
of Contract. This contract may be terminated at any time by the Owner upon
giving the Agent
thirty (30) days written notice in the event of a bona fide sale of the
property, and
without notice
in the event the Agent fails to discharge the duties of the Agent faithfully in
the
manner herein
provided.
8. Notices. All
written notices to the Owner or to the Agent may be addressed and mailed,
by United States
registered mail, to the address above written.
9. Modification.
This contract may not be modified, altered, or amended in any manner
except by an
agreement in writing executed by the parties hereto.
10. Who is
Bound. This contract is binding upon the parties hereto, their representatives,
successors and
assigns.
11. Signatures.
Both the Owner and the Agent agree to this contract.
Witnessed By:
_______________________________
_____________________________
"OWNER"
_______________________________
______________________________
"AGENT"
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