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ALINA MATSENKO AND AJAY MISHRA ALINA AND AJAY
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property management addendum
1.
1 208 WESTHAVEN DRIVE, AUSTIN TEXAS, 78746 PROPERTY MANAGEMENT ADDENDUM to the RESIDENTIAL LEASE BETWEEN AJAY MISHRA AND ROBERT TODD AND STEPHANIE KERNAGHAN: This document has 6 pages: The contents in this document are based on our shared experiences with the property at 208 westhaven drive. This document purports to assuage the concerns of both the tenant and those of the landlord and to streamline the process of any repairs or maintenance issue as they may arise. The issues are classified and categorized in bold headings for ease and for simplicity. Barring exceptional circumstances, as had been the case for the past 11.5 months, there would be a single point of contact from the tenant’s side namely Mr Robert Todd Kernaghan for any and all issues concerning this residential lease. Repairs and Maintenance: [a] if you (the tenant) think, know or see an issue that maybe/should be brought to attention just send an email with appropriate header AND with photos. [b] We may need to make payments in form of reimbursements and for other reasons, we will need to estimates apriori for the costs associated with any contractor. For any cost estimations landlord or the property manager will use data on cost and time estimates from sites including but not limited to sites : such as http://www.homewyse.com/ [c] there are some pre emption, protection and prevention items, itemized by area that landlord's PM will send to tenant one of them is ensuring that the bathroom cabinets including the top and especially the top as it is veneer is wiped off promptly after use so that there is no water damage. These items are normal and standard just for precautions.. examples may be things as simple as changing AC filters.. [e] for this lease the tenant is to have insurance that covers tenant items, damage from floods, and other natural disasters, damage from vandalism and theft etc. the property manager here requests the tenant to inform him of this aspect as unfortunately the landlord or his agent arent as familiar with such aspects as is the tenant. property management addendum mishra kernaghan for the residential lease aggrement: 208 westhaven drive austin, texas 78746
2.
2 Pre Payment and Reimbursements : reason : convenience Given the amplitude of remodelling / repairs done in the last 11.5 months since tenant moved in and also the extensive remodelling done 13 months prior to tenant movein., the landlord does not anticipate any more expensive repairs and does not want to incur any other remodelling or repairs. That said, things may happen unplanned and not because of anyone's neglect or plan: [ Flooding being one recent example:] In those scenarios we may have some repairs. : Unexpected, unintended, unwanted, unplanned..: For such things: [a] reimbursements will be in form of rentcredits. tenant agrees that in some case the landlord may have to request the tenant to spread it out over a period. . [b] If for the entire duration, the tenants remain Mr and Mrs Kernaghan, then since the tenant is paying all the upfront rent, in advance reimbursements for any repair whatsoever will be paid directly to the contractor if and when possible ( the property manager has an approved contractor named Robert Ross and he has already established electronic payment facility between the landlord’s bank and that of the contractor). However, in case there is a repair item that Robert cannot handle, then the landlord will reimburse the tenant for any repair expenses incurred by the tenant on behalf of the landlord. [c] In case there is a subletting, then reimbursements would be negotiated between the landlord and the tenant. The new tenant would be required/requested to open and provide a bank of america account to facilitate the speedy transfer of any such reimbursements. Communication challenges and schedules. property management addendum mishra kernaghan for the residential lease aggrement: 208 westhaven drive austin, texas 78746
3.
3 as we know by now, there is a significant time difference between austin and wherever the landlord is india, europe, russia, asia, or israel. its quite tiring and stressful to have to guess the appropriate time to call. So, for this lease [a] landlord may call the tenant at any time between 8 AM and 8:30 PM CST and if he doesnt get the tenant he will simply leave a message on tenant's mobile phone. [b] the tenant may write an email or call the land lord on his mobile phone. Landlord requests but does not require the tenant to try using skype for making phone calls at a time that is appropriate to the tenant. [c] in case there is a contractor working at home, and landlord needs to contact the contractor on phone, tenant agrees to make a phone line available for the landlord to reach. ______________________________________________________________________ Painting and alterations: [a] the tenant cannot paint any room or area without prior written (email) approval/permission from the landlord or the property manager. Verbal approvals dont count. [b] tenant had painted the small bedroom downstairs in yellow color: the landlord will get a professional painter to paint the same, most probably in white color ON OR BEFORE 2 MONTHS of this lease termination or before tenant moves out in case of early termination per the lease agreement.. the landlord may be late on this aspect as well.. but the landlord reserves the right to paint the yellow areas in white, beige or white or offwhite..landlord will hire someone for painting reason time to show the next tenant ______________________________________________________________________ Frequency and Amplitude of Communications: [1] so far each and every email , request, question, query/anxiety has been promptly addressed and answered from landlord's side, either by landlord or his associates or designated PM. property management addendum mishra kernaghan for the residential lease aggrement: 208 westhaven drive austin, texas 78746
4.
4 [2] we do not foresee any issue that could be foreseen (floods couldn't be foreseen) that would require the property manager or landlord to be awake and have sleepless nights or having to sleep at odd hours. [3] in the past, we had a big ”punch list “ which mandated more frequent communications back and forth between the tenant and the landlord or the landlord’s property manager. We do not anticipate that level of need for communications for the next 12 months: [4] it's often tedious to resolve issues via back and forth emails hence in the interest of time and costs associated with time landlord will make phone calls to the tenant for the required communications. Performance [a] tenant and the landlord agree to limit emails and/or phone calls to actionable items. [b] diagnosis of the problem and the solution will be done by landlord and/or his agent in conjunction with professionals if and when appropriate. Periodicity: reason: desires and priorities of landlord : The landlord, may want to do the following improvements to the house in consultation with the tenant: [a] do pallets in the walls and/or ceilings of the downstairs bedrooms and bathroom. [b] double sink vanity in the master bathroom [c] any outside work that landlord or his designated agent (pm property manager) decides upon. the landlord understands and appreciates the inconvenience to the tenant when people are working inside the house and will make attempts to limit any inside work for no more than 46 days for any of the above [a] [b] [c] items involved. No work will be performed on the deck or the pool… and inside work will be limited to the above mentioned.. unless otherwise agreed upon between the tenant and the landlord’s designated agent. property management addendum mishra kernaghan for the residential lease aggrement: 208 westhaven drive austin, texas 78746
5.
5 Contractors : reason: to avoid unnecessary stress and conflicts : we have had numerous conversations on this subject.. In the interest of both the tenant and the landlord: from now we will adhere to the following: [a] Luckily after working with few contractors, we have a contractor Robert Ross with whom both the tenant and the property manager (plus the landlord) is most comfortable with. Since Robert can do any work, with the exception of Flooring (tiles or carpet, wood or granite on walls or bedrooms) we do not anticipate any need for a contractor other than Robert for most of the future anticipated repairs IF AT ALL. [d] should the tenant have convictions and beliefs that are in direct conflict with landlord's chosen contractor , then the landlord herein proposes that the tenant hire his own contractor from a source tenant deems appropriate, consult with the landlord and get approval from the landlord, and then pick up the differential tab in the costs. This offer is applicable only for the Kernaghans, should there be a new tenant, this offer will not hold. Logistics : [a] most of the contractors ask for some money upfront specially for materials. The landlord may ask the tenant to pay some money upfront to the contractor. [b] landlord may have to request the tenant to help with picking up some materials this "help" is not to exceed more than 2 times during a 12 month lease period. Chances are the landlord will never ask the tenant.. so far the landlord’s property manager has not asked the tenant but sometimes its quicker, faster and most convenient if the tenant picks up the material. now, there will be no remodelling so the landlord does not anticipate any pickups, but future is never certain. Pictures/house photos: [a] tenant to send photos {at least of deck, pool, yard] every 3 months,1 [b] IF needed reminders will be set up in blog. Posts automagically get into tenant's inbox 1 property management addendum mishra kernaghan for the residential lease aggrement: 208 westhaven drive austin, texas 78746
6.
6 [c] in case there is contractor or maintenance request, it must have photos as we discussed in the last lease and that maintenance /repair request form that we created and sent to tenant { photos :before and after and when appropriate during repairs or work] Keys to the house: Tenant will send 2 keys to the house at a Boston, MA address designated by the landlord or his agent. Landlord’s Mail: the landlord and his agent have made most of the things electronic including but not limited to bank statements of the landlord, so far in the past 1 year there was only one mail for the landlord delivered at the house; that too was in error.. so the landlord does not foresee any mail delivered for him at 208 westhaven drive address. However in the rare instance there is a mail for the landlord, the tenant will promptly within 3 days mail the same to the landlord’s address this forwarding address will be provided to the landlord by the landlord’s designated agent or by the landlord..The landlord will reimburse the tenant for associated mail forwarding costs within 24 hours of the receipt of the forwarded mail. Landlord’s items lying at the premises: There are a few items such as fans, toilet and a damaged surf board that are still lying at the house, the tenant had agreed to help sell those items, as he has in the past. The tenant will promptly deposit the monies received from any such sale as was done in the past Miscellaneous Issues: Most of the items covered above are based on prior experiences with property management and leasing of this house. Should there be an item left or unforseen, the tenant agrees to cooperate with the legitimate and genuine concerns of the property manager and of the landlord. Tenant: Todd Kernaghan Signature Date property management addendum mishra kernaghan for the residential lease aggrement: 208 westhaven drive austin, texas 78746
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