EXHIBIT D POLICIES AND PROCEDURES
The following terms, obligations, notices, policies and procedures are incorporated into, and made part of, the Agreement between Owner and Agent:
Consent to Paperless Delivery of Tax-Related Documents: You may elect to receive tax-related documents from Agent or its affiliates via electronic delivery, either via email or delivered through a web interface where you can go to a website and download the statement. However, IRS guidelines require that you must first review these disclosures and provide your affirmative consent to receiving information in an electronic format. This consent to paperless Delivery ("Consent") is effective until affirmatively withdrawn by you. This is your copy of the Consent. By agreeing to accept required tax–related documents electronically, you also agree that (1) your computer system meets the hardware and software requirements stated below under "System Requirements"; (2) you have read and understand this Consent; (3) you affirmatively consent to receive and acknowledge that you can access, receive, print and retain your tax-related documents (including IRS Form 1099) electronically; and (4) you will promptly notify Agent of any change in your e-mail address by providing your taxpayer identification number and name as it appears on your Form W-9, either by calling (801) 890-7887, or by writing to: 9131 S Monroe Plaza, Suite D Sandy, Utah 84070. If you do not specifically consent to the electronic delivery of tax-related documents by clicking the applicable checkbox, you will continue to receive paper copies of all required tax-related documents, including Form 1099.
Notification of Change to E-mail Address: You agree to notify us promptly if your e-mail address or other account information changes by contacting us as provided above. For information that is required by law to be sent to you, including Form 1099, if we receive an electronic notice that an e-mail is undeliverable due to an incorrect or inoperable e-mail address, we will resend such information via U.S. Postal Service.
Withdrawal of Consent: Withdrawal of consent to paperless delivery is prospective only. Any withdrawal ensures that future tax-related documents will be delivered to you as a paper document but does not apply to any document that has already been furnished to you electronically. You may withdraw your Consent to paperless delivery by providing written notice either: (1) by mail at the address set forth above; or (2) by email to drobertson@wolfnest.com. In each case, state that you are withdrawing consent to paperless delivery of tax-related documents and provide the taxpayer identification number and the name as it appears on Form W-9. Agent may take up to ten (10) business days after receipt to process your request. You will receive written notice that Agent has received and processed your request.
System Requirements: To access your electronic tax-related documents, you need to be able to read Adobe PDF files. To do this, you must have Adobe Acrobat Reader installed on your computer. It can be downloaded for free at http://get.adobe.com/reader/. You also need to have a computer with Internet access that supports the use of a browser that supports 128-bit encryption and will need to have JavaScript enabled in your browser. You need hardware as necessary to support this software. In order to keep copies for your records, you will need to have access to a printer or have the ability to download information.
Utah Fit Premises Act: Owner acknowledges and agrees that Agent shall keep and maintain the Premises in accordance with the terms of the Utah Fit Premises Act, Utah Code Ann. 57-22-1 et. seq., which provides that the Premises be maintained in a condition fit for human habitation with electrical systems, heating, plumbing, and hot and cold water. More specifically, the Utah Fit Premises Act requires that Owner:
- (a) may not rent the Premises unless they are safe, sanitary, and fit for human occupancy; and
- (b) shall:
- (i) maintain common areas of the residential rental unit in a sanitary and safe condition;
- (ii) maintain electrical systems, plumbing, heating, and hot and cold water;
- (iii) maintain any air conditioning system in an operable condition;
- (iv) maintain other appliances and facilities as specifically contracted in the rental agreement; and
- (v) for buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that the renter and owner otherwise agree.
- (b) shall:
If any of the above requirements are not met, at any time, the Premises is deemed to be in violation of standard of habitability under state law, which then requires Owner to make necessary repairs within three (3) days. In addition, any deficiency regarding a promise made in the lease itself must be remedied within ten (10) days under state law. If Owner becomes aware of or is notified of a dangerous condition existing at the Premises, Owner has 24 hours to commence remedial action to correct the dangerous condition.
Fair Housing Regulations: Owner acknowledges and agrees that Federal and state law prohibit discrimination against renters on the basis of race, religion, color, sex, national origin, familial status, disability or source of income. In addition, depending on where your property is located it may be illegal to discriminate on the basis of sexual orientation or gender identity. It is an illegal discriminatory housing practice to do any of the following because of a person's race, color, religion, sex, national origin, familial status, source of income, or disability:
- (a) refusing to rent, negotiate for rental, or otherwise making unavailable any rental unit from any person;
- (b) discriminating against any person in the terms of the rental or in providing facilities or services in connection with the dwelling;
- (c) representing to any person that any dwelling is not available for inspection, sale, or rental when in fact the dwelling is available;
- (d) advertising or using any rental application that directly or indirectly expresses any preference, limitation or discrimination based on race, color, religion, sex, national origin, familial status, source of income, or disability, or expresses any intent to make any such preference, limitation or discrimination;
- (e) inducing a person to rent any dwelling by making representations about the entry or prospective entry into the neighborhood of persons of a particular race, color, religion, sex, national origin, familial status, source of income or disability;
- (f) refusing to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford that person full enjoyment of the premises; and/or
- (g) refusing to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.
Property Cleaning. Owner acknowledges and agrees that Agent must professionally clean all units prior to any move in, and Owner authorizes the following cleaning to be completed:
All Interior Areas
- Sweep and mop all hard flooring
- Vacuum all areas and have all carpets professionally cleaned (must provide vendor receipt)
- Wash (and scrub if needed) all walls, ceilings, doors, doorknobs, and baseboards. All need to be free of dirt, dust, and grease with any scuffs, pencil/crayon, fingerprints, and/or other marks removed
- Sanitize and remove all fingerprints or other marks from light switches and outlet cover plates
- Wipe down and sanitize all handrails
- Dust and wipe down all light fixtures, ceiling fans, cold air returns, and vent covers
- Clean all windows with sills and frames washed (bleached if necessary)
- Clean all window runners and tracks and dust blinds/screens
- Dust and wipe down all closets and shelves
Kitchen
- Sweep and mop flooring under and behind all moveable appliances
- Wipe down the front of refrigerator/freezer, discard ALL food, remove all dirt and grease, and sanitize all shelves
- Clean oven inside and out removing all dirt, food, grease, etc. and sanitize. Ensure all traces of oven cleaner have been wiped clean
- Remove and clean underneath burners, controls, rings, drip pans, and stovetop. Wipe down front and side of range. Remove lower drawer and clean underneath if possible
- Remove all dirt and grease from the exhaust fan
- Wipe down the front of microwave and dishwasher. Interior of both appliances should be sanitized and free of dirt, food, and grease
- Wipe down and remove any grease from the exterior faces of all cabinets, drawers, and cupboards
- Remove all items from every cabinet, drawer, and cupboard
- Scrub and sanitize the interior of each cabinet, drawer, and cupboard and ensure that they are free of all dirt, food, dust, hair, etc.
- Dust and clean on top of all cabinets and cupboards
- Scour sinks, remove all stains, sanitize, and clean fixtures
- Clean and sanitize all countertop areas
Bathrooms
- Sweep and mop all flooring
- Toilet bowls must be scoured and sanitize with disinfectant.The exterior of the bowl including: seat, rim, tank, and base must be cleaned and sanitize with disinfectant
- Bathtubs and showers must be scoured to remove any rings. Interior should be cleaned, sanitized, and free of any mildew or mold. Sides of tub enclosure must be clean and free of any soap build-up
- Sink must be scoured and sanitize with faucets polished. Clean and sanitize all countertop areas
- All glass doors and mirrors should be cleaned with all water spots removed
- Scrub and sanitize the interior of each cabinet and drawer. Ensure that they are free of all dirt, food, dust, hair, etc.
- Wipe down the exterior faces and top of all cabinets and drawers
Other
- Remove all exterior debris from the property. This includes trash, personal property, and any other items that do not belong on the premises.
- Any storage area must be empty and swept
- Clean and remove debris from entry and patio area
- Remove all trash and personal property from garage with area being swept
- Mow and edge lawn. Remove all weeds/debris from yard (if applicable)
- Additional dusting/sweeping/mopping if needed before move-in following property showings.
*Additional cleaning will be performed before any move-in if the Premises has been vacant for more than 30 days*
Utilities: Owner acknowledges and agrees that certain utilities must be changed into a landlord policy before a tenant can switch them into his/her name. Owner agrees to promptly make such changes as requested by Agent. These include Rocky Mountain Power and Questar Gas. For other utilities, including water, sewer and trash, Owner will keep these utilities in his/her name and pay all charges as agreed. Owner will calculate the current annual cost of these items and provide that figure to Agent who will apply and collect a monthly utility charge in that amount from the tenants.
Liability Insurance: Owner understands that Agent will require tenant to pay for a Property Damage Loss Waiver or PDLW through Renters Legal Liability. This service, combined with 24/7 emergency maintenance, portal access, and electronic payments will be charged to the tenant and deducted from the utility income at $39 per month and is subject to change as rates fluctuate or at Agent’s discretion.
Re-Keying: Owner understands that Agent will re-key each unit as needed between tenants at Owner’s expense.
Outside Vendors: Owner understands and agrees that all third-party vendors must be certified for liability reasons. This compliance program includes verifying valid insurance and workers compensation, proper licensing, signing a subcontractor agreement and other requirements. Agent agrees to utilize 3rd party vendors of owners choosing so long as those vendors complete the compliance program and remain in good standing. Owner further agrees to self-manage any 3rd party vendors as required for any appliance, system or home warranty related issues or homeowner’s insurance claims.
Leasing: Owner understands that time is of the essence when making lease price or renewal decisions and agrees to respond to all pricing and lease term inquiries in a timely manner. Agent agrees to not make pricing reductions without prior authorization from the owner. Should Owner fail to respond to Agent’s phone, email or text message request for authorization within fourteen days (14), Agent will consider price reduction approval to have been given with a maximum monthly rent reduction of $100/month.
Pre-Lease Yard Maintenance: Owner understands and agrees that in order for a property to be leased, the yard must be in “rent ready condition”. This includes the lawn mowed and edged, trees and shrubs trimmed away from the property, and that all flower beds are free from weeds. If not already completed, this work will be performed and billed to Owner before any tenant move-in. During periods of prolonged vacancy, Agent will arrange for bi-weekly mowing services on Owner’s behalf and at Owner’s expense. Mowing services will begin and end as seasonal weather permits. Owner also understands and agrees that any automatic sprinklers will be winterized in the fall and de- winterized in the spring at Owner’s expense.
Additional Information: Business licenses may be required as a rental property is an income producing entity. It is the responsibility of Owner to determine and comply with any city business licensing requirements. Good landlord programs are also required in many Utah cities. It is the responsibility of Owner to determine and comply with any city landlord program requirements.
Minimum Property Standards: Owner shall ensure that the Premises meets or exceeds the Minimum Property Standard (defined below). Owner acknowledges and agrees that Agent at any time, and from time to time, may perform, at Owner’s sole expense, any maintenance required to bring the Premises up to the Minimum Property Standard.
The “Minimum Property Standard” is defined and includes the following:
General:
- No visible mold or mildew
- Door locks work
- Door handles are secure and function. (If it takes longer than a minute for you to get in due to a sticky lock, it needs to be serviced or replaced.)
- Windows
- open/close
- must have the ability to lock for ground level windows
- Blinds - must function as designed. If not, have them repaired, replaced, removed.
- Open/close
- Pull up/down (or side to side if verticle)
- No missing parts
- No damaged parts (most sets have extra slats at the bottom to replace)
- Heat and AC vent covers and cool air return covers
- Installed
- Clean
- Function as designed
- Any maintenance required under law
Lights/Electrical:
- All lights turn on/off
- All bulbs work
- Must have covers for all switches
- Lights must have covers on them if they are designed to have them
- Fans will turn on/off and function as designed.
- Must have covers for all switches
- All outlets must have power and be in a secure working condition
- Must have covers on all outlets
- Garage doors function as designed. Openers function as designed.
- Garage light works if opener has the option
Appliances:
- All appliances function as designed. All burners working, knobs working, display working, buttons working, oven working and venting properly.
- Ice machines and water dispenser in the fridge does Not have to function – no leaks
- All appliances must be clean and free of bad odor.
- Washer and dryer need to function if in the home at move in. – no leaks - (the owner will not have to repair them after the tenant has moved in). If they do not repair, replace or remove.
- Fireplaces (gas or electric) Do Not need to function. If they do not it needs to be noted in Propertyware that they do not, and NOT listed as an amenity.
- Wood burning fireplaces are not to be used by a tenant. List as a cosmetic amenity.
- Thermostat must function as designed
- Heater must function as designed
- A/C must function as designed
- Swamp cooler must function as designed – no leaks
- vent cover must function and be clean
- ceiling area around swamp cooler vent must be clean - free of visible damage
Walls:
- Paint in good condition
- Free of excess holes/dings/scrapes (more than 5 on a 3 ft section of wall)
- Touch up paint must not be noticeable
- No large dings or holes in walls
- Baseboards, door jambs, and window seals no major dings or paint damage
- Cleaned
Bathrooms:
- Sinks
- No leaks or drips
- Hot/cold function as designed
- Counter and sink in good condition – free of damage or contamination
- Cleaned
- Drain stopper - must work if it is in the home to begin with.
- Toilet
- Clean – free of contamination
- Seat functions as it should and is tight
- No leaks
- Flush function works as it should
- Bathtub/Shower
- No leaks
- Doors (if it has them) open and close
- Faucet works as designed
- Hot/cold function as designed
- Tub or shower is clean - free of contamination (no mold or mildew)
- Exhaust fan works as designed (if present)
- Mirror - free of cracks over 5 inches or other damage
- Cabinet/Vanity
- Drawer and doors in good condition – no noticeable damage
- Drawer/door open/close smoothly
- Countertop in good condition – no noticeable damage - clean
- Clean inside drawers and under sink
Bedrooms:
- Closet doors function as designed
Utility Room:
- Furnace in working order
- Area around furnace cleaned
- Filter cleaned and correct size -installed correctly
- Water heater in working order
- No leaks
- Washer and dryer if in the property must function as designed when the tenant moves in (the owner will not have to repair them after the tenant has moved in) If they do not repair, replace or remove.
- No leaks
Kitchen:
- Countertops
- In good condition – no noticeable damage – clean
- Cabinets upper/lower
- Drawer and doors in good condition – no noticeable damage o Drawer/door open/close smoothly
- Clean inside drawers and under sink
- Sinks
- No leaks
- Hot/cold function as designed
- Counter and sink in good condition – free of damage or contamination o Disposal - if installed must function property with no leaks
- Appliances
- Work as designed
- No leaks
- Clean and free of odors
- Ice machine and water dispenser in the fridge Do Not have to function
Flooring:
- Carpet
- No major stains
- No major rips or tears
- Must be clean
- No odors
- Linoleum
- No damage
- No stains
- Must be clean
- Hardwood
- No damage
- No stains
- Must be clean
- Tile
- No damage
- No stains
- Must be clean
Exterior/Yard Standard:
- Gutters attached and aligned
- Overgrowth (trees, bushes, grass, garden, weeds)
- Maintained and in good clean condition
- Mailbox is standing/mounted legitimately
- Junk/trash - removed from the home
- garage doors (roll up or man door), along w/ operating correctly, should be able to secure.
- step/stairs/rails/walkways can’t be unsafe, whether it’s to a deck, patio or walkway
- Fences cannot be leaning or fallen over