Tuscreia Lease Rental Agreement

Tuscarawas County Real Estate Investors Association
Lease/Rental Agreement

Revised: 03/2010    www.tuscreia.com

This Lease/Rental Agreement is entered into this day of , 20 between , Owner, and Tenant (whether one or more persons).

(A)… Lease of Premises:

(1) In consideration of the premises and agreements of Tenant, Owner hereby leases the following premises to Tenant: (the “Premises”), together with the right of joint use of the entrances, foyers, hallways, stairways, assigned parking areas and other common areas of the building and grounds, if applicable. Tenant(s) shall park only in the following space(s). .

(2) Any motor vehicle(s) placed in the spaces(s) allocated to Tenant, together with the contents of such motor vehicle(s), shall be at the sole risk of the Tenant. It is understood and agreed that the Owner shall not be held, in any way, responsible to the tenant for loss of or damage by fire, theft, collision, or other risk to the Tenant’s vehicle(s) or to any personal property left therein.

(B)… Use & Occupancy:

The premises will be used in a safe, careful and lawful manner, for residential purposes only, by a single family of persons as set forth in Exhibit “A”/Rental Application, unless there is prior written approval of Management.

(C)…Term of Lease & Rent:

Select Option by initialing (1) or (2)

______(1) FIXED TERM.

(a) The term of the lease shall be months beginning , 20, and ending , 20.

(b) The rent for the entire term of the lease shall be $, payable in monthly installments of $ each in advance, with rents due on the 1st day of each month. Rents shall be delivered on or before the day due to: , . Checks/Money Orders should be payable to: .

----OR---

_____(2) MONTH to MONTH TERM

(a) The term of this lease shall be 30 days commencing on , 20, and renewable upon like terms and for like periods of 30 days thereafter, until termination is hereinafter provided.

(b) During the duration of this month-to-month tenancy the Tenant shall pay to the Owner on or before the day of each month, beginning on , 20, the sum of $ Rent shall be delivered on or before the above date due to: . Checks need to be made out to: .

(D)…Refund or Assessed Additional Fees:

Select Option by initialing (1) or (2)

______(1) REFUND. If Rent is paid before the day of the month, you will be refunded $ by the Owner/Management.

______(2) ASSESSED ADDITIONAL FEES. If rents are not received within 5 (five) days of due date, and follow-up is necessary, the tenant will be assessed an additional $.00 for that month’s rent. To avoid any additional fees, please pay on time. Extra work for the Owner/Management results in extra fees being assessed. Extra time & paperwork costs.

(E)…Security Deposit:

(1) Tenant has deposited on this date with Owner/Management $, receipt of which is hereby acknowledged, to be held by the Owner/Representative as a Security Deposit and applied to payment of past due rent and/or damages sustained by Owner by reason of Tenant’s violation of any obligation under the law or this Lease. Exhibit “B”/Rental Security Deposit Agreement outlines charges & repair costs.

(2) The Security Deposit shall secure the performance of Tenant’s obligations here under, including payment of rent during the primary term of this Lease. Owner may, but shall not be obligated to apply all or any portion of said deposit on account of Tenant obligations hereunder. Tenant have the right to apply the Security Deposit in payment of the last month’s rent.

(3) Tenant must provide written notice of forwarding address to Owner/Representative upon expiration or termination of tenancy. The balance, if any, of the Security Deposit shall be refunded within 30 days of receipt of written notice of forwarding address, together with a statement showing all charges made against the Security Deposit by Owner.

(F)…Condition of Premises

(1) Tenant has inspected the premises and that the premises are in good conditions and repair, clean and habitable. Tenant promises that, at the expiration or termination of this lease, Tenant will surrender the premises in the same condition, reasonable wear expected.

(2) Tenant shall immediately notify the Representative of any damage to, or repairs needed, upon or about the leased premises.

(3) Tenant agrees NOT to remove any fixtures or appurtenances or cause the same to be removed from the premises, or drive any nails or screw into the walls other than those supplied by the Representative. (tenant initials) that he/she has been supplied with the correct nails. Absolutely no nails, screws, staples or tape (of any type) are to be applied to the woodwork.

(G)… Appliances/Furnishings/Window Coverings:

The following appliances are included with the leased premises: Range: Refrigerator:

Furnishings: **See attached Condition & Inventory Form

Note photographs have been taken of all the above items. Tenant acknowledges that he/she has inspected the above and they are clean and in good working order. All the above are to be shall be kept clean and maintained in good working order. All appliances and mini blinds shall be thoroughly cleaned at the time Tenant vacates the leased premises. If tenants smoke, the curtains and/or window coverings must be cleaned, pressed and properly re-hung.

(H)…Pets:

No pets, housebroken or otherwise shall be brought on the premises. Exception being, guide-dogs for the handicapped, the professional extermination and professional carpet cleaning will be required.

(I)… Repairs:

(1) The Owner will perform necessary repairs and/or replacements to be made at its own expense whenever such repairs are deemed necessary by the Management due to normal wear, obsolescence, or mechanical failure not due to the fault of the tenant. Tenant agrees to immediately report any damages, defect, or failure in the structure or mechanical equipment of the premises to Management. Tenant(s) must pay for maintenance and failure of all fixtures including toilets, disposals, sinks, tubs, and drain lines when damages are caused by Tenant’s or their invitee’s neglect or by the Tenant’s or invitee’s flushing of foreign items (disposable diapers, sanitary napkins, grease, etc). Tenant(s) must also pay for all damage to the property, for example, but not limited to broken glass, windows, doors, screens and the like. No diminution or abatement of rent or other compensation shall be claimed or allowed for inconvenience or discomfort arising from repairs or improvements made to buildings or its appliances, nor for any space taken to comply with any law, or ordinance, or order of governments authority, no matter the cause.

(2) Tenant shall immediately notify Management of any repairs needed on or about the premises.

(J)…Lawn/Shrubbery Care & Snow Removal:

(“X” out non-applicable). If tenant doesn’t keep grass mowed & landscaping in good order, a landscaping company will be contacted and the tenant will be billed.

(1) Tenant IS / IS NOT responsible for regular upkeep of mowing, trimming & care of lawn.

(2) Tenant IS / IS NOT responsible for shrubbery care and trimming.

(3) Tenant IS / IS NOT responsible for removal of snow and ice from all public and private sidewalks, stairways, porches and driveways on the leased premises.

(K)… Right of Entry:

(1) Owner and/or Management may enter the leased premises at all reasonable hours for inspection, maintenance, repairs, alterations or other lawful purposes or to show the premises to prospective tenants, purchasers, lenders, contractors or workmen. It is noted that a twenty-four hour notice will be given, or in the case of an emergency, Tenant agrees that such prior permission shall not be required.

(L)… Smoke Alarms:

The Owner has affixed to the premises smoke alarm(s) located as follows:

The Tenant acknowledges that the smoke alarm(s) are in good working order. Tenant shall maintain the smoke alarm(s), and shall not remove batteries there from for any reason and shall immediately replace the batteries as necessary to maintain them in good working order.

(M)…Utilities:

(1) It shall be the Tenants obligation to have non-furnished utilities placed in his/her name prior to occupancy, and to have a final reading taken upon vacating (which means the day the keys are being returned).

(2) There shall be no diminution or abatement of rent or any other compensation for interruption or curtailment of any ‘service’ or utilities which Owner agrees to provide, when such interruptions or curtailment shall be due to accidents, alterations, or repairs desirable or necessary to be made, or to inability or difficulty in securing supplies or labor for maintenance of such service or to some other cause beyond Managements control.

(3) Electricity: % Paid by

Gas/Fuel Oil % Paid by

Water/Sewer/Trash % Paid by

Water/Sewer/Trash $

(N)…Tenant’s Obligations:

TENANTS AGREE TO:

(1) Pay the rent and other charges to be paid by Tenant when due;

(2) Keep the premises clean, neat, safe and sanitary at all times;

(3) Dispose of all rubbish, garbage and other waste in a clean, safe and sanitary manner;

(4) Keep all plumbing fixtures that are in the premises, or used by Tenant, as clean as their condition permits;

(5) Use and operate all gas, electrical and plumbing fixtures and appliances safely & properly;

(6) Maintain in good working order & condition, any range, refrigerator, disposal, dishwasher, washer, dryer, garage door opener, or other appliances supplied by Owner;

(7) Comply with all requirements imposed on Tenant by applicable sate and local housing, health and safety codes;

(8) Personally refrain & forbid any person who is on the premises with Tenant’s permission, from negligently or intentionally defacing, damaging, destroying or removing any part of the premises or common areas, or any appliance or equipment on the premises or common areas;

(9) At all time, conduct him or herself, and require other persons on the premises with Tenant’s consent to conduct themselves, in a manner that will not disturb the neighbors’ peaceful enjoyment of their premises and common areas;

(10) Abide by all reasonable regulations imposed by Owner for the protection of the structure, premises and common areas, or the conform, convenience and welfare of all Tenants;

(11) Permit entry to the leased premises as provided in section (K) of this lease and not unreasonably withhold permission to enter.

(O)…Waiver:

Failure of the Owner/Management to enforce any provision herein shall not be deemed a waiver of any other provision, nor shall any acceptance of a partial payment of rent be deemed a waiver of Owner’s right to the full amount of rent due. Any provision found void does not constitute voiding entire agreement.

(P)…Attorney’s Fees:

In any legal action to enforce the terms hereof or relating to the leased premises, the Owner or Management shall be entitled to recover from the Tenant all expenses incurred in connections with such action, including reasonable attorney fees and court costs.

(Q)…Indemnity:

(1) Tenant will indemnify and save Owner harmless from liability for claims for personal injury or property damage brought by third persons and arising out of acts or omission by Tenant in their use or occupancy of the premises.

(2) Tenant shall purchase and maintain a policy of renter’s insurance to cover any losses sustained by the Owner or third persons by reason of the Tenant’s negligence and to cover any loss sustained by Tenant for this/her personal property.

(3) Tenant shall be solely responsible for damage or loss to his/her own personal belongings, household goods, furnishings and other personal property.

(R.)…Assignment of Lease:

Tenant shall not assign this lease or sublet the leased premises without the express written permission of the Owner or Management.

(S)…Termination on Default:

(1) Owner/Management may terminate this lease on written notice to Tenant if any monthly installment of rent is not paid on the date rent is due or if Tenant violates any provision of this lease. If Tenant’s default is non-compliance with any obligation under section (N) affecting health and safety, Owner shall give Tenant written notice of the act or omission constituting non-compliance and shall allow Tenant thirty (30) days to remedy the deficiency. If Tenant fails to remedy the deficiency within the time allowed, the lease shall terminate as provided in the notice.

(2) If Tenant abandons or vacates the property or shall be absent from the premises for a period of five (5) consecutive days while in default of the payment of rent, Owner/Management may consider any property left on the premises to be abandoned and may dispose of the same in any reasonable manner. In the event the Owner/Management reasonably believes that such abandoned property has not value, it may be discarded. All property on the premises is hereby subject to a lien in favor of the Owner for payment of all sums due hereunder, the maximum extent allowed by law. Any items moved and stored by the Owner/Management will be assessed reasonable moving and storage fees to be paid thereafter by the Tenant.

(T)…Vacancy Loss:

In the event the Tenant should breach any of the terms of this agreement or fail to terminate occupancy of said premises in the proper manner as set forth herein, Owner shall be entitled to any and all costs which may result there from, including but not limited to: rent for so long as the premises may be vacant while Owner/management searches for a suitable new Tenant; costs of any utilities which may be necessary to maintain said premises while vacant and cost of advertising. These costs are exclusive of any past due rents or property damages that may be attributable to Tenant.

(U)…Holding Over:

Any holding over after expiration of the primary term of this lease with the consent of Owner/Management shall be construed as a month-to-month tenancy to which all of the terms and conditions of this lease shall apply.

(V)…Notices:

Any notice which is required to be given under this lease may be given by mailing the same, postage paid, to Tenant at the premises, or to Owner/Management at the address shown below or at such other places as may be designated: .

(W)…Owner’s Representative:

Owner appoints the Property Manager/Management, if applicable, as it’s duly authorized agent to manage the premises and to act for the purpose of service of process and for the receiving and receipting all notices and demands. However, tenant agrees not to look to the manager for any liability. Any liabilities will solely rest with the Owner.

(X)…Joint Liability:

“Tenant” when used in this lease shall be construed to be plural of more than one person to this lease, and “Tenant” shall be jointly and severally liable and obligated to perform all terms and covenants contained in this lease.

(Y)…Entire Agreement:

This Lease/Rental Agreement, which incorporates referenced Exhibits, constitutes the entire agreement between the parties. No modification of this agreement shall be binding unless made in writing and signed by Tenant and Owner/Management.