Culfidant HOME-CARE SERVICE CONTRACT
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The terms and condition is the legal part of the agreement that is made by and between landlord, and Culfidant Representative (CR), for the purpose of Hiring CR to manage/care the landlord’s rental properties.
- Landlord – the legal sole/co-owner of the property(ies) who owns one or more rental properties. He/she enters this contract to hire/employ CR to manage landlord’s rental property(ies ) that are shown in this contract.
- Culfidant Representative (CR) – Refers to an individual who has been trained and certified as per culfdiant best practices, and enters the employment relationship with Landlord to manage the rentals.
- This contract is binding upon the executors, heir’s administrators, successors and assigns of all the parties.
- It also has been agreed that CR will collect rent by the first day of each month.
- All monies collected from Tenants in the form of Security Deposit will be held in a separate “Trust Account”. Security Deposits are the tenant’s funds and held on their behalf should damage occur and need repair once they move out. These funds are not of landlord and/or CR. However, if upon move-out, damages are identified to the unit, then the amount equivalent to repair the unit can legally be transferred at that time. CR on behalf of landlord has the right of recovery if Trust Funds are paid in error.
- When there is a vacancy and to compensate the extra efforts result in renting the unit, landlord agrees to pay CR a vacancy replacement fee of $800.00 or half of the monthly rent (whichever is greater), plus all the expenses per unit. This fee shall not be paid again if the tenants terminate the lease within the first 3-month of the lease tenancy agreement. If this agreement is terminated by Landlord before the unit is filled, the above fee shall be paid to CR to cover his/her time and expense.
- It has been agreed that a monthly commission payment of 8% of the total rents shall be paid to CR.
- Distribution – CR shall collect the rent, and completed the monthly financial statement and deduction, and deposit the monthly earnings to the account as per the landlord’s direction no later than 10th of each month.
- This agreement shall continue for a period of one year from the date hereof, and shall continue from year to year unless either party wish to end this agreement they must do so in writing no less than three and a half (3.5) calendar month’s notice before the end of the existing lease with the current tenant. Either party may cancel the contract during a time in which the property is vacant. Should Landlord fails to provide the 3.5 months calendar notice required they may still end the agreement by paying CR the total amount equal to the monthly commissioning fees that would have been earned by CR to the end of the existing tenant’s lease, plus an additional 3 months of compensation. If Landlord renews the lease with the existing Tenant afterwards, Landlord must again pay-out CR as this contract is tied to BOTH the Lease AND the Tenant.
- Has entered this contract to employ CR to manage and care for his/her rental property(or properties) outlined in this contract.
- Shall provide all necessary documents and records and fully support CR in all matters with respect to this lease agreement.
- Shall indemnify and hold CR completely harmless with respect to liability and damages, costs and expenses in connection with any damage or injury whatever to persons or property arising out of any duties performed pursuant to this contract.
- Shall authorize CR to perform the services agreed upon, and Landlord agrees to assume all expenses for these services.
- If there are insufficient funds to cover all costs, Landlord shall be responsible for paying additional funds to ensure CR functioning properly.
- Shall have the property properly and sufficiently insured and also have tenant insurance in place enforced via CR. CR shall keep both valid copy and ensure they are both renewed on time.
- Must notify CR in writing of any change in ownership of the property.
- Upon signing, the landlord authorizes and advance to CR the total amount of $500.00 per property as the so-called reserve fund. The purpose of the reserve fund is for CR to pay for all expenses including property repairs (to a maximum of $500.00), suppliers, couriers, advertising, and other expenses for the proper caring, expense to fill the vacancies, upkeep, and operation of the property. These funds are due upon signing of this document.
- Should landlord choose not to provide a reserve fund for the property, the landlord is aware that any and all maintenance and repair costs to the property when vacant, will require a deposit towards work completion, prior to work orders being initiated by CR.
- If a tenant must be evicted and a Writ of Possession is required the total cost of this will be paid by the landlord directly to CA to compensate all the extra hours for the legal process and the Bailiff in order to enforce the writ.
- Culfidant Representative (CR)
- Is an individual who is 18+ with no criminal record and fully committed to the causes of the culfidant community. He/she has been being trained and fully qualified to carry out all the assignments/tasks listed in this agreement.
- It has been agreed that CR shall assist and/or act as the agent on behalf of the Landlord to sign the lease, to collect the rents and/or security deposit wherever is applicable from the tenants and hold them before it is being distributed as per the description in this contract.
- Shall use the best efforts in renting process of the property under the terms agreed to & to make all possible efforts to find tenants at the best possible terms when the property is vacant; To advertise the availability for rent at the landlord’s expense;
- To negotiate with tenants with respect to the rental rate, conditions of payment, duration, and terms of the leases and renewals of the same.
- To sign, execute and deliver the lease on behalf of the landlord in the format of signing as “The name of CR on behalf of the landlord”.
- To Help to arrange for utilities, telephone, and other services on behalf of the landlord if necessary. These contracts will be binding on the Landlord exclusively.
- Shall contract for or undertake the making of any necessary repairs, maintenance, and purchase of supplies for the benefit of the property. However, no expenditure exceeding $500.00 will be made without consent from the landlord, except where required in an emergency.
- Expenses: CR shall pay all expenses requested from the reserve fund and any shortfalls will be paid by the landlord within 14 days. These expenses shall include but not limited to: all repairs, monthly commission fees provided herein, suppliers, couriers and other expenses for the proper caring, upkeep and operation of the property.
- Shall keep expenses invoices for all expenses, and keep all the proper financial record related to the whole home caring process promptly. CR shall not provide anyone but the landlord and their legal agent with financial or other information on the property without the landlord’s prior written consent
Upon the acceptance and sign off this agreement by both parties, $800.00 initial deposit per property is required to allow CR to start the preparation work. This amount shall go toward to vacancy replacement fee once the place is being rented out; However, if the landlord decides to terminate the contract, the full amount initial deposit is NOT refundable.