We were very close to being scammed on this one as well! I am so glad that someone took the time and effort to post this scam here! I have attached a picture of Ellyse's DL and below is a copy of the rental agreement that we received. WATCH OUT FOR THIS ONE!
RENTAL AGREEMENT Apartment Owner Present Name & Address: (Ellyse P.C Hewitt) 22 Ministers Lane, Victoria Garden city, Lagos, 23401 Nigeria – Phone: +234 702-770-1451, Fax: 206-202-7680.
New Tenant Present Name & Address:
THIS AGREEMENT made this 12th day of November 2008, by and between Ellyse C. Hewitt, herein called "Apartment Owner," and _____________ herein called "Tenant." Apartment Owner hereby agrees to rent to Tenants the apartment located in Kamloops, BC described as Studio Apartment #017 at 481 Greenstone Drive, Kamloops, British Columbia, V2C 1N8 Canada Commencing on the 1stday of December 2008 and monthly thereafter until the 1st day of March 2009, at which time this agreement is terminated or renewed after a 4 (Four) Months period. Apartment owner rents the apartment to Tenants on the following terms and conditions:
1. Rent The tenant ___________ agrees to pay Apartment owner as base rent the sum of $700.00 CAN per month, due and payable before the 5th day of every month during the term of this agreement.
2. Payment of Rent Deposit The new tenant ___________agrees that the first 2 (Two) Months rent deposit of $1400.00 CAN will be paid by Western Union. Time is of the essence and no excuses will be accepted. Rent deposit shall be made payable to apartment owner Ellyse C. Hewitt. Any rents paid by check, swift transfer or bank and lost in the mail will be treated as if unpaid until received by the apartment owner.
3. Appliances The house is rented with the following appliances: Refrigerator, Heater, Laundry, Microwave Oven, and Dishwasher. Other appliances are included in the rental property that is the sole responsibility of the tenant to keep safe for the rent period. The apartment owner will not be responsible for the upkeep of these appliances and does not warrant the condition of these appliances. The above rental payment specifically includes all appliances to be used accordingly by the new tenant. Such appliances as are in the property are there solely at the convenience of the tenant, who assumes all responsibility for their operation. Any personal property remaining on the Premises may be used by the Tenant, however the Tenant assumes sole responsibility to keep said property in working and operating condition, and agrees to return the property to the apartment owner at the termination of this Lease Agreement in the same or better condition, reasonable wear excepted.
4. Use The Tenant agrees to use the premises only as a residence for self, and those persons identified below. Responsible families members, Responsible friends, responsible business associates, By no means may Tenant allow any additional persons to occupy premise beyond limited time proposed by the law. Tenant agrees to assume all responsibility for actions taken by any person entering the property. Apartment owner will hold Tenant solely responsible for all damages to property or for violations against this rental agreement.
5. Pets Only vaccinated and trained Pets shall be brought onto the apartment. No illegal pets will be brought into the apartment without the express written permission of the apartment owner. If any sick or untrained pets has been in the Premises at any time during the Tenant's occupancy (with or without the apartment owner's consent), a charge may be made for de-fleaing, deodorizing, shampooing or damages occasioned by the pet. Any animals on the property not registered under this Rental Agreement will be presumed to be strays and will be disposed of according to law, at the option of the apartment owner.
6. Non-assignment of Rental Agreement Resident agrees not to assign this agreement, nor to Sub-let any part of the property, nor to allow any other person to live therein without first requesting permission from the Owner and paying the appropriate surcharge. Further, that covenants contained in this Rental Agreement, once breached, cannot afterward be performed; and that unlawful detainer proceedings may be commenced.
7. Legal Obligations Tenant hereby acknowledges that he/she has a legal obligation to pay the rent on time each and every month regardless of any other debts or responsibilities he/she may have. Tenant agrees that they will be fully liable for any back rent owed. They also acknowledge that defaulting on this Rental Agreement could result in a judgment being filed against them and a lien being filed against their current and future assets and/or earnings.
8. Attorney's Cost If court action is sought by either party to enforce the provisions of the Rental agreement, attorney's fees and costs may be awarded to the prevailing party in the court action. The location for any appropriate jurisdictional interference in effect will be Kamloops.
9. Repair policy The Tenant shall use customary diligence in care of the apartment/Premises. The Tenant is encouraged to treat this as his/her home. Any and all repairs made at the direction of the Tenant shall be done by a competent professional or by the Tenant providing that the Tenant is capable and qualified to make said repairs. All repairs shall be done in compliance with all applicable codes and regulations of the city of Kamloops. Any repair that is estimated to cost more than $50 must receive permission of the apartment owner prior to being made. Under no circumstances will apartment owner be responsible for any improvements or repairs costing bellow $50 unless the Tenant is given written authorization to make repairs or improvements in advance. The Tenant acknowledges responsibility for any damages caused by he/her negligence and that of their guests or invitees.
10. Occupancy Tenant to Maintain dwelling unit as follows:
1. Comply with all obligations primarily imposed upon tenant by applicable provisions of building codes materially affecting health and safety. 2. Keep that part of the premises that he/she occupies and uses as clean and safe as the condition of the premises permit. 3. Dispose from his/her dwelling unit all rubbish, garbage, and other waste in a clean and safe manner. 4. Keep all plumbing fixtures in a dwelling unit or used by the tenant as clean as its condition permits. 5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in the premises. 6. Not deliberately or negligently destroy, deface damage, impair, or remove any part of the premises or knowingly permit any person to do so. 7. Conduct him/her self and require other persons on the premises with his/her consent to conduct themselves in a manner that will not disturb his/her neighbor's peaceful enjoyment of the premises.
Resident warrants that he/she will meet above conditions in every respect, and acknowledges that failure to perform the obligations herein stipulated will be considered grounds for termination of this agreement and a refund of any or all deposits.
11. Cleaning Fee Tenant hereby agrees to accept the property in its present state of cleanliness. He/she agree to return the property in the same condition or better, or pay a minimum $150 cleaning fee to cover apartment owner costs for having the property professionally cleaned. If the apartment owner notifies Tenant to clean up the property at any time, and the Tenant neglects to do so, the apartment owner will charge the Tenant a minimum $200 cleaning fee.
12. Plumbing and Electricity Tenant agree not to put or pour any debris, grease, paper towels, Q-tips, tampons, newspaper, food, or any other matter in the sink drain or toilets. Tenant agrees to pay the ENTIRE AMOUNT on bills for all sewer-cleaning services resulting from clogged pipes/sewer back up.
Tenant must not overload electrical circuits. Only two electrical operated items may be plugged in any electrical receptacle.
13. Tenant Cooperation Tenant agrees to cooperate with Owner/agent in showing property to prospective tenant, prior to termination of occupancy.
14. Removal of Apartment Owner’s Property If anyone removes any property belonging to apartment owner without the express written consent of apartment owner, this will constitute abandonment and surrender of the premises by Tenant and termination by them of this Rental Agreement. Apartment owner may also take further legal action.
15. Lock Policy No additional locks will be installed on any door without the written permission of apartment owner. Apartment owner will be given duplicate keys for all locks so installed at the Tenant's expense, before they are installed.
16. Condition of Premises If there is anything about the condition of the property that is not good, the tenant agree to report it to apartment owner within 3 days of taking possession of the property. They agree that failure to file any written notice of defects will be legally binding proof that the property is in good condition at the time of occupancy.
17. Inventories and Inspection Record Apartment owner warrants and guaranty that all major systems will be functional and in good repair at time of possession. Light switches, wall plugs, doors, windows, faucets, drains, locks, toilets, sinks, heater, etc., will be in working order once Tenant have completely moved into the apartment. Tenant is encouraged to report any necessary repairs, no matter how slight, in writing, but they are hereby advised the apartment owner does not normally repair or replace nonfunctional items such as paint, carpets, etc., every time a property changes possession. Those items are scheduled for repair/replacement at regular intervals regardless of tenant turnover.
18. Tenant Responsibility Good housekeeping is expected of everyone. Tenant agrees to keep quarters clean and in sanitary condition. The Tenant agrees not to permit any deterioration or destruction to occur while he/she is occupying the property. Tenant agrees to maintain the walls, woodwork, floors, furnishings, fixtures and appliances, windows, screens, doors, fences, plumbing, air-conditioning and heating, electrical and mechanical systems as well as the general structure and appearance of the property. Tenant agrees to follow all apartment owner instructions, especially where posted.
19. Alterations Tenant can make alterations, decorations, additions or improvements in or to the apartment but only after the apartment owner prior written consent, and then only by contractors or mechanics approved by apartment owner. All alterations, additions, or improvements upon the premises, made by either party, shall become the property of apartment owner and shall remain upon, and be surrendered with said premises, as a part thereof, at the end of the term hereof.
The Tenant specifically agree that no tacks, nails, screws, etc., will be driven into the walls, nor will they be marred or torn by glue or tape. The apartment owner will be responsible for and pay any damage done by a major rain, wind, hail, tornadoes, hurricanes, etc., if this damage is caused by leaving windows open, allowing stoppage and/or overflow or water and/or sewage pipes, broken windows or doors, torn screens, broken door and window locks, etc the tenant will be responsible for the damages.
20. Vehicle Policy The Tenant agrees never to park or store a motor home in the premises, camper, trailer, boat, or any sort of recreational vehicle on the premises and to park only automobiles only in the car park provided. Junk cars, cars on blocks, non-functional vehicles, or unlicensed automobiles are not permitted on property. Removal will be at the expense of the Tenant. Tenant agrees that any vehicle parked on unpaved areas may be towed and stored at Tenant expense. Tenant agrees to pay for any fines resulting from a summons issued to apartment owner resulting from improper parking. Tenant will be charged a ($250) court charge along with the cost of all other fines, if the apartment owner is required to go to court.
The Tenant must follow rules and laws of the city of Kamloops Parking Department concerning parking. Tenant must obtain all necessary parking permits and information for him/herself and guests. Apartment owner is not responsible for tenant’s parking needs. Off street parking is not provided by apartment owner, unless otherwise noted in this agreement.
21. Utilities Apartment owner agrees and accepts that all utility bills including Water, Phone, Internet, Gas, Cable TV, and Electricity will be the responsibility of the apartment owner and not the tenant. The monthly rent of $700.00 will cover the bills for all utilities as stated herein.
22. Validity of Lease Provisions Any provision set forth in this Rental Agreement which is contrary to the city/state Residential apartment owner and Tenant laws shall be treated by apartment owner and Tenant as void and as if it were not set forth herein, but all other provision of the Rental Agreement shall remain in full force and effect.
23. Phone The tenant agrees to get a phone installed in the premises as soon as possible or provide a working contact phone number. Apartment owner will be given the phone number within two working days of installation and will be notified within two working days of any future charges and changes in the phone number. Tenant can as well provide apartment owner with present phone if usable at the residence.
24. Access to Premises The Apartment owner reserves the right to enter the residence at reasonable times to inspect, make necessary repairs, supply services or show it to prospective residents, purchasers, mortgages, workmen, or contractors. Whenever practicable, a 24 hour notice of the Owner's intent to enter shall be given to the Resident. The Owner may also display "for rent" and "for sale" signs on the building of which the rented residence is a part.
25. Pest-Control Policy Resident is responsible for any ongoing pest control service, if the Resident desires such a service. Owner is not responsible for any damage done to the Resident's person, or property by such pests, or to the person or property of Resident's family or any other persons on the premises.
26. City or State/Province Violations Tenant is responsible for paying violation fees issued against the house by the city of Kamloops for non-compliance to city, or state laws. If the apartment owner is required to appear in court, tenant shall pay an additional $250 fee to compensate apartment owner for his time.
27. Waiver All rights given to apartment owner by this agreement shall be cumulative in addition to any laws that exist or might come into being. Any exercise of any rights by apartment owner or failure to exercise any rights shall not act as a waiver of those or any other rights. No statement or promise by apartment owner, its agents or employees, as to tenancy, repairs, amount of rent to be paid, or other terms and conditions shall be binding unless it is put in writing and made a specific part of this agreement.
28. Legal Binding Tenant hereby states that he/she have the legal rights to sign for any and all other residents and to commit them to abide by this contract.
29. Terms In this agreement the singular number where used will include the plural, the masculine gender will include the feminine, the term Owner will include, Apartment owner, Landlord, Leaser; and the term Resident will include Tenant, Lessee.
30. Full Disclosure The Tenant signing this Rental Contract hereby state that all questions about this Rental Agreement have been answered, that he/she fully understand all the provisions of the agreement and the obligations and responsibilities of each party, as spelled out herein. The tenant further states that he/she agree to fulfill their obligations in every respect or suffer the full legal and financial consequences of their actions or lack of action in violation of this agreement. Signature by the Tenant on this Rental Agreement is acknowledgment and he/she has received a signed copy of the Rental Agreement.
_____________________________ ____________________________ Ellyse P.C Hewitt Apartment Owner Tenants
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