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Non-Exclusive Right to Rent Agreement
Massachusetts
LANDLORD(s):
("Landlord")
PROPERTY ADDRESS:
("Property")
In consideration of the mutual covenants and agreements herein contained, the Landlord hereby grants to Coldwell Banker Residential
Brokerage ("Coldwell Banker") the non-exclusive right to list, market and rent the Property to prospective Tenants on the terms and
conditions herein set forth.
1.
TERM: The Term of this Agreement shall be from
to and including
("Expiration
Date"), as the same may be extended. The execution by the Landlord of any form required by any Multiple Listing
Service to extend the term of the multiple listing shall also constitute a like extension of the Term of this Agreement.
2.
COLDWELL BANKER AGREES: To use reasonable efforts to procure a ready, willing and able Tenant of the Property in
accordance with the terms and conditions of this Agreement.
3.
SCOPE OF COLDWELL BANKER'S REPRESENTATION: The Landlord acknowledges that Coldwell Banker is being
retained solely as a real estate broker and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, home
inspector, property manager or other professional service provider. The Landlord is advised to seek professional advice
concerning the condition of the Property and legal and tax matters. In the event that Coldwell Banker provides to the Landlord
names or sources for such advice and assistance, the Landlord acknowledges and agrees that Coldwell Banker does so as an
accommodation only and that Coldwell Banker does not warrant or guaranty such services and/or products.
4.
COLDWELL BANKER IS GRANTED THE NON-EXCLUSIVE RIGHT AND AUTHORITY TO: (a) Advertise the
Property; (b) Cooperate with and offer compensation to Cooperating Brokers; (c) Photograph the Property and distribute
information about the Property, including electronic images; and (d) Display the Property's information on internet/public
websites. The decision to so list or display the Property on such sites shall be in the sole discretion of Coldwell Banker. The
Landlord also agrees that any photographic and/or electronic images of the Property that Coldwell Banker and/or its employees,
agents, affiliates, servants or independent contractors creates shall be, and remain, the sole and exclusive property of Coldwell
Banker.
5.
TERM OF LEASE AND MONTHLY RENT (CHECK ONE):
Landlord is seeking a Tenant to rent the Property for a period of ___________ months at a monthly rent of $__________.
Landlord is seeking a Tenant to rent the Property on a month to month basis at a monthly rent of $__________.
6.
OCCUPANCY: The Property will be available for occupancy on
7.
THE LANDLORD AGREES:
(a)
To cooperate with Coldwell Banker in every reasonable way;
(b)
To pay Coldwell Banker a fee for professional services equal to
1.
(date).
(the "Commission") if:
During the term of this Agreement, the Property, or any part thereof, is rented or becomes subject to an
agreement to rent or option to rent, through the efforts of Coldwell Banker, to anyone; or
2. The Property, or any part thereof, is rented or becomes subject to an agreement to rent or option to
rent, within ninety (90) days after the termination of this Agreement, to anyone who was introduced to the Property by
Coldwell Banker, prior to the expiration of said Term.
(c)
To pay all Commissions payable hereunder no later than the commencement of the Lease, including when said
commencement occurs after the Expiration Date of this Agreement.
(d)
In the event that the Property is sold to a Tenant procured by Coldwell Banker during the Term of this Agreement or within
one hundred twenty (120) days after: (1) expiration of such Tenancy, or (2) the Tenant vacates, whichever is later, then
Landlord agrees to pay Coldwell Banker a Sales Commission of
% of the Gross Sales Price.
NON-EXCLUSIVE RIGHT TO RENT AGREEMENT
Page 1 of 3
Coldwell Banker® is a registered trademark of Coldwell Banker LLC.
An Equal Opportunity Company
Equal Housing Opportunity
Landlord's Initials _________________
Each Office Is Owned And Operated By NRT LLC.
© 2005 NRT LLC
Revised December 12, 2007
MA CBRB036
8.
COLLECTION OF FUNDS: Coldwell Banker will collect from the Tenant a check or money order in an amount agreed to by the
parties, upon the execution of the Lease or Rental Agreement. Coldwell Banker will account to Landlord for all monies collected
after checks have cleared, if payment was made to Coldwell Banker directly. Coldwell Banker may deduct any Commission due
before distribution to Landlord. Coldwell Banker may also collect a Credit Report Fee from each Applicant.
COMPENSATION TO OTHER BROKERS: Coldwell Banker's usual and customary practice is to compensate Cooperating
Brokers in the amount of
.
10. THE LANDLORD'S REPRESENTATIONS AND WARRANTIES: (a) The Landlord holds legal title to the Property; (b) The
Property is not in foreclosure or in imminent threat of foreclosure. The Landlord is not in bankruptcy and/or if the Landlord is in
bankruptcy, the Landlord has so informed Coldwell Banker of same; (c) The Landlord represents that there are no other listing
agreements for the rental of the Property in effect as of the date of this Agreement; and (d) The Landlord represents that any
information furnished to Coldwell Banker in connection with the Property is true, accurate and complete. The Landlord authorizes
Coldwell Banker to disclose such information to a Tenant and other salespersons and brokers, and to print and/or publish the same
in connection with the performance of Coldwell Banker's services under this Agreement. The Landlord further agrees to hold
harmless and indemnify Coldwell Banker (or any licensee affiliated with Coldwell Banker) for disclosure of any such information
in connection with this Agreement.
9.
11. THE LANDLORD'S ACKNOWLEDGMENTS: (a) The Landlord agrees to remain solely responsible for the care and
maintenance of the Property, whether the Property is occupied or vacant; (b) The Landlord warrants that the Landlord will, during
the term of this Agreement, maintain homeowner's insurance on the Property and that such insurance on the Property will protect
against risk of loss of both personal property and from personal injury to persons on the Property. The Landlord specifically agrees
that, in connection with any showing of the Property to prospective Tenants, the Landlord shall take whatever action that the
Landlord deems to be necessary to safeguard items of personal property. The Landlord specifically acknowledges that Coldwell
Banker does not provide security services and that Coldwell Banker shall not be responsible with respect to any loss of or damage
to the Landlord's Property, or injury to any person, that may occur during or in connection with showing the Property to prospective
Tenants; (c) Landlord acknowledges that it is the Landlord's responsibility to comply with all legal requirements relating to the
rental of real property. Landlord is responsible for any costs associated with such compliance. Coldwell Banker may provide
certain information and/or forms in connection with leasing the Property; but, Coldwell Banker in no way warrants that all required
information and/or forms have been provided and Landlord will hold Coldwell Banker harmless for any liability in this regard; (d)
Landlord acknowledges that Landlord has received a copy of the: (1) "Tenant Lead Law Notification" Form, and (2)
Massachusetts Security Deposit Law (Massachusetts General Laws Chapter 186 Section 15B); and (e) The Landlord understands
that, while Coldwell Banker will represent the Landlord under the terms of this Agreement, Coldwell Banker may have or obtain
rental listings on other properties; and, prospective Tenants of the Landlord's Property may consider, submit applications on or rent
either the Landlord's Property or other properties while using Coldwell Banker's services.
12. FAIR HOUSING: Landlord and Coldwell Banker shall comply with all provisions of the Federal and State Fair Housing Laws.
In accordance with the Federal and State Fair Housing Laws, the Property will be shown and made available to all persons without
regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, veteran status, disability, age,
receipt of public assistance and/or other protected class(es) that may be applicable from time to time, and without regard to whether
a prospective Tenant does or does not have children.
13. CREDIT REPORT: In order to assist Landlord in connection with Landlord's determination of the suitability of prospective
Tenants, Coldwell Banker will obtain a completed Rental Application from prospective Tenants and will order a Credit Report on
prospective Tenants. However, because of privacy, confidentiality and security restrictions relating to the use of Credit Reports
under the Fair Credit Reporting Act, Coldwell Banker is contractually prohibited by its agreement(s) with the Credit Reporting
Agency/ies from providing anyone, including the Landlord, with a hard copy of any prospective Tenant's Credit Report and may
only allow the Landlord to physically view a copy of such Tenant's Credit Report without Landlord receiving a copy. Generally
speaking, Credit Reporting Agencies will assign a Tenant Credit Score which may range from below 500 to over 800. While Credit
Scores are no guaranty of future performance by a Tenant, they are generally utilized to provide some indication as to the
probability that a Tenant will perform his/her/their obligations under a Lease. Based upon information obtained from the Credit
Reporting Agencies, a Tenant Score above 680 is assumed to present a low risk; a Tenant Score between 620 and 679 is assumed to
present a moderate risk; and, a Tenant Score below 620 is assumed to present a higher risk.
14. PERFORMANCE: By entering into a Lease or Rental Agreement, Landlord thereby releases Coldwell Banker from any further
responsibility, including but not limited to, specific performance by a Tenant. Coldwell Banker makes no representations or
warranties regarding a prospective Tenant's qualifications and/or ability to perform.
15. RENTAL APPLICATIONS: Coldwell Banker's obligation to seek rental applications shall terminate when the Landlord executes
a Lease.
NON-EXCLUSIVE RIGHT TO RENT AGREEMENT
Page 2 of 3
Coldwell Banker® is a registered trademark of Coldwell Banker LLC.
An Equal Opportunity Company
Equal Housing Opportunity
Landlord's Initials _________________
Each Office Is Owned And Operated By NRT LLC.
© 2005 NRT LLC
Revised December 12, 2007
MA CBRB036
16. SHOWINGS and KEYS: Unless otherwise stated, Coldwell Banker shall retain a key to the Property and will have access for
showing the Property to Cooperating Brokers and prospective Tenants.
17. MULTIPLE RENTAL APPLICATIONS: The Landlord also agrees that, in the event of a multiple rental application situation,
Coldwell Banker may disclose (to a prospective Tenant who has submitted a rental application and/or to any such Tenant's Broker)
the fact that the Landlord has received other applications on the Property.
18. MODIFICATION: This Agreement shall not be modified unless said modification is in writing and signed by all parties to be
bound by any such modification. Verbal modifications shall not be enforceable.
19. ASSIGNMENT: This Agreement cannot be assigned by the Landlord.
20. INDEMNIFICATION: The Landlord agrees to indemnify and hold Coldwell Banker harmless from and against all loss, cost or
expense including reasonable attorney's fees in connection with the Landlord's breach of any terms or conditions of this Agreement.
21. BINDING NATURE OF AGREEMENT: This Agreement shall bind the respective officers, directors, agents, attorneys,
executors, administrators, distributees, successors, heirs and assigns, as the case may be, of Coldwell Banker and the Seller.
22. THE LANDLORD'S CONTACT INFORMATION:
Home Telephone:
Mobile Telephone:
Facsimile Number:
E-Mail Address(es):
Other:
The Landlord's Address (if different from the Property):
NOTE: This is a legal document that creates binding obligations. If not understood, consult an attorney.
By signing below, the Landlord and Coldwell Banker acknowledge that they have read and understand the entire Agreement and the
Landlord and Coldwell Banker agree to all the terms, conditions and provisions hereof.
-
Landlord
-
Coldwell Banker Residential Brokerage
SS#
Print Name:
By:
Date:
-
Landlord
-
SS#
Print Name:
Office Address:
Date:
Print Name:
Date:
NON-EXCLUSIVE RIGHT TO RENT AGREEMENT
Page 3 of 3
Coldwell Banker® is a registered trademark of Coldwell Banker LLC.
An Equal Opportunity Company
Equal Housing Opportunity
Landlord's Initials _________________
Each Office Is Owned And Operated By NRT LLC.
© 2005 NRT LLC
Revised December 12, 2007
MA CBRB036