LEASE AGREEMENT FOR RENTAL UNIT 1.

LEASE AGREEMENT
FOR RENTAL UNIT
LEASE AGREEMENT
THIS LEASE AGREEMENT (this “Lease” or this “Agreement”), is made on July 12, 2011, between (“Landlord”), the
and (whether one or more persons, “Tenant”).
1.
BASIC PROVISIONS
In consideration of the rents and covenants hereinafter stipulated to be paid and performed by Tenant, Landlord leases to
Tenant and Tenant leases from Landlord, the Apartment referred to below, for use as a private residential dwelling and not
otherwise, for the term and at the rent set forth herein. Tenant agrees to pay the rent, without set off, deduction or demand,
upon possession of the premises being made available to Tenant and thereafter on the first (1st) day of each month during
the entire term of this Lease. All rental payments are to be made at the rental office of the Apartment Project or at any
other place designated by the Landlord. “Agent”) acts as agent for Landlord for purposes of this Lease; accordingly any act
or directions of Agent taken or given under this Lease may be taken for purposes of this Lease as acts or directions of
Landlord.
It is understood and agreed that all tenants and co-signers of this Lease are jointly and severally liable for performance
under the terms and conditions of this Lease.
The following are basic provisions of this Lease:
1.1
The Apartment is located in The Apartments located at Connecticut Avenue, NW, Washington, D.C.
("Apartment Project").
1.2
The Apartment hereby leased is Apartment Number (the “Apartment” or the “Premises”).
1.3
The term of this Lease shall be Twelve (12) months and Zero (0) days beginning (“Date of Possession) August
01, 2011 and ending August 31, 2012.
1.4
Rent
1.5
(a)
Rent shall be due and payable on September 01, 2011 and on the first day of each following month
during the term of this Lease, in monthly installments of XXXX And 00/100 Dollars, ($.00).
(b)
An additional amount of rent is due on execution of this Lease in the amount of XXXX And 00/100
Dollars, ($.00) for payment in advance of rent from Date of Possession through the last day of the
month in which the Date of Possession occurs.
(c)
If Landlord fails to receive any installment of rent and/or any other charges included in this Lease
for which Tenant is responsible, on or before the fifth (5th) day of the month in which such rent
and/or other charges are due, Tenant shall pay to Landlord, without demand, in addition to such rent
and/or other charges, a late charge in an amount equal to five percent (5 %) of the balance due,
including, but not limited to Rent and other charges (“Late Fee”) and is due as Additional Rent.
Landlord, at its option, may require that Rent paid after the fifth (5th) day of the month be paid by
certified check, cashier’s check or money order.
Deposits.
(a)
The Security Deposit shall be N/A dollars ($N/A).
(b)
Other deposits made under this Lease shall be as set forth in the Addenda attached hereto.
1.6
Only the following persons, and no others, shall reside in the Apartment:
1.7
Utilities to the Apartment to be paid for by Tenant, in the manner provided in Paragraph 14 of this Lease, are as
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Heat
Electricity
Cable TV
Gas
Water/Sewer
Internet
X
X
Utilities to the Apartment to be provided and paid for by Landlord, as provided in Paragraph 14 of this Lease,
are as follows (check as appropriate, with Landlord or Agent to check each item checked):
Heat
Electricity
Cable TV
2.
X
X
Gas
Water/Sewer
Internet
X
X
__________
SECURITY DEPOSIT
If a security deposit is required (as set forth in paragraph 1.5 above), a separate addendum shall be attached to
this Agreement. The terms of such addendum shall be deemed a part of this Agreement.
3.
4.
CONDITION OF PREMISES
3.1
Tenant acknowledges that he/she has examined the Apartment and that it is, at the time of this Lease, in good
order and repair, and is in a safe, clean and habitable condition. Unless otherwise specified in writing in this
Lease (with written indication of the approval thereof by Landlord), no representation has been made that the
Apartment will be decorated, painted, altered or improved. If upon moving into the Apartment, Tenant
discovers any damages or defects of which Tenant was unaware when this Lease was signed, Tenant agrees to
notify Landlord in writing of said damages or defects within five (5) days of occupancy, by completing the
resident check-in list supplied by Landlord.
3.2
Any modifications to the premises, the Apartment Project, or any part thereof, which are requested to be made
for Tenant or any occupant of the premises pursuant to, or permitted at the request of Tenant or any occupant of
the premises pursuant to, the Fair Housing Act, or any other federal, state or local law, or any amendment to or
regulation under any of the foregoing, shall be at Tenant’s sole cost and expense and shall be subject to
Landlord’s prior written consent in accordance with such law and regulations and any such modifications shall
be made under the supervision of Landlord or its agent.
3.3
Simultaneously with the execution of this Lease, Tenant shall execute the Indoor Environmental Quality
Control Addendum which is attached to and made a part of this Lease. The Indoor Environmental Quality
Control Addendum shall remain in full force and effect throughout the term of this Lease and any extensions or
renewals of this Lease. Failure of Tenant to comply with any provision of the Indoor Environmental Quality
Control Addendum shall be a material default under this Lease.
POSSESSION
4.1
5.
Neither Landlord nor Agent shall be liable for any damages whatsoever if it fails to deliver possession of the
Apartment to Tenant at the beginning of the term of this Lease, nor is Tenant relieved of any obligations under
this Lease except that rent payable under the Lease will abate until possession is delivered. If, however,
Landlord is unable to deliver possession of the Apartment within fifteen (15) days of the date of possession
specified in Paragraph 1.3 of this Lease, either Tenant or Landlord may cancel this Lease by giving written
notice to the other party within the five (5) days immediately following such fifteen-day period. Upon
cancellation, Landlord will return all prepaid rent and the security deposit and any other applicable deposits to
Tenant, and the parties will be relieved of all further obligations to each other arising out of this Lease.
DAMAGES TO PREMISES
5.1
Tenant must promptly report to Landlord any damages to or defect in the plumbing, wiring, heating or airconditioning, in any appliance, including smoke detectors, or any other part of Tenant’s Apartment, so that
Landlord may repair the damage or defect. Unless there is an emergency, all notices must be in writing and
must specify the repairs that are required. In the case of an emergency, Tenant may give Landlord oral notice of
the problem or defect. Emergency means that the condition or defect immediately impairs the health and safety
of Tenant, his/her family, or other tenants. If any defect or problem is not corrected or recurs, Tenant must
immediately notify Landlord in writing of the need for additional corrective measures. Tenant expressly
understands that neither Landlord nor Agent is liable for any defects or problems in the Apartment, which
would otherwise be Landlord’s responsibility, unless Tenant gives Landlord notification of the necessity for
repair in the manner provided for herein, and permits Landlord access to make repairs during normal working
hours.
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6.
5.2
All repair notices are to be given to the management office. In the case of emergencies, Tenant must confirm in
writing any oral notification for repairs given to Landlord within three (3) days of such oral notification.
5.3
When acts or omission of Tenant, or his/her family, visitors, guests or employees, whether or not negligent,
reckless or intentional, cause damage to any part of Tenant’s Apartment or the Apartment Project, Tenant must
promptly pay expenses incurred by Landlord to correct such damages upon presentation of a bill from Landlord
itemizing the costs involved. That amount will be considered additional rent due on the first day of the first
month following Tenant’s receipt of the bill.
5.4
Tenant may not make repairs or alterations to the Apartment without Landlord’s written permission. At
termination of the tenancy, Tenant is required to leave the Apartment in the same condition and in as good order
as it was at the beginning of the Lease term, except for ordinary wear and tear, and casualties from water, fire or
the elements which are not caused by Tenant, his/her family, visitors, guests or employees.
USE AND OCCUPANCY
6.1
7.
RESTRICTIONS ON SUBLETTING
7.1
8.
This Lease will terminate, at the option of the Landlord: (i) if any proceedings under the United States
Bankruptcy Code are commenced by or against Tenant (and, if against Tenant, are not dismissed within thirty
(30) days of filing); (ii) if Tenant becomes insolvent, as defined in the Bankruptcy Code, or under any state or
local insolvency laws; (iii) if Tenant makes an assignment for the benefit of creditors; or (iv) if a receiver is
appointed for Tenant’s property or assets. If tenant consists of more than one person, this section shall apply if
any of the conditions described above shall occur with respect to any of the persons comprising tenant.
DEATH OF TENANT
9.1
10.
Tenant may not sublet the Apartment or transfer or assign this Lease. Landlord’s acceptance of rent from
persons other than Tenant will not be considered Landlord’s consent to an assignment or subletting, nor will it
create a landlord and tenant relationship between Landlord and such other persons, but rather, the Apartment
will remain subject to the tenancy created by this Lease until properly terminated. Assignment or subletting is a
material breach of this agreement.
BANKRUPTCY
8.1
9.
Tenant agrees that the Apartment is to be personally used and occupied solely as a private residential dwelling
by Tenant and those persons named in Paragraph 1.6 above. Occupancy by more than these persons or by other
persons without the prior written approval of Landlord, except for occasional guests, will constitute a material
breach of this Lease and Landlord, at its option, may terminate the Lease. Landlord’s failure to immediately
exercise its option to terminate the Lease upon learning of the breach will not constitute a waiver of its right to
do so. “Occasional guest” as used in this paragraph, means any person, who, with Tenant’s consent,
temporarily occupies the Apartment for not more than fifteen (15) consecutive days. Tenant agrees that he/she
will not conduct or permit the practice of any trade, business, occupation or profession in or from the Apartment
and that the Apartment will not be used for any unlawful purpose.
This Lease will automatically terminate upon Tenant’s death. It is understood and agreed that no interest
whatsoever in the Lease or the Apartment will pass to Tenant’s heirs, executors, administrators, personal
representatives or assigns by will or by intestacy. Tenant’s estate shall nevertheless be responsible for payment
of Tenant’s outstanding obligations under this Lease, and for payment for the use and occupancy of the
Apartment (at the rate of rent set forth in the Lease, as increased by Landlord from time to time) during the
administration of the estate until the Apartment is actually vacated and surrendered to Landlord.
STORAGE; BICYCLE
10.1
No storage space is provided to Tenant as a part of this Lease. Storage Space, if any, may be provided to
Tenant only pursuant to a separate written agreement and for a separate charge to Tenant. Landlord expressly
states that there is at the present time only a limited amount of storage space available and that there may not be
sufficient storage space for the use of all tenants. If Landlord provides any bicycle parking or bicycle storage
rack or facility, it is expressly agreed that Tenant assumes all risk with respect to any bicycle or other property
of Tenant of any kind placed in such facility and that Landlord will have no liability to Tenant or anyone for
any loss of or damage to said bicycle or other property. Use of bicycle storage is described in the rules and
regulations of the property.
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11.
PARKING
11.1
12.
No parking space or parking facility is included in this Lease. Parking, if any, may be provided to Tenant only
pursuant to a separate written agreement and for a separate charge to Tenant. Tenant understands that if
Landlord provides garage accommodations or assigns reserved parking spaces, such garage accommodations or
reserved parking spaces are optional facilities and are not included in the apartment rent. No representation is
made that sufficient garage or parking space is available for all tenants, or that the present number of spaces will
always be available.
PERSONAL PROPERTY RISKS-INSURANCE
12.1
All personal property placed by Tenant in any portion of the Apartment Project, including, but not limited to,
Tenant’s Apartment or motor vehicle, or in the laundry rooms, valet service areas, package and delivery areas,
or storage areas as and if provided by Landlord, is placed at the sole risk of Tenant or the party or parties
owning the personal property, and neither Landlord nor Agent will be liable for the loss, destruction, theft or
damage to any such personal property except if directly caused by the actual negligence of Landlord or its
agents, servants or employees acting within the scope of their actual authority and employment. If any
employee of Landlord is requested by Tenant or any member of Tenant’s household to move, handle or store
any articles in the storage area or to remove any articles from the storage areas, or to move, park or drive any
motor vehicle placed in the parking area or in the garage, if any, the employee will be deemed to be the agent of
Tenant, and neither Landlord nor Agent will be liable for any loss, damage or expense caused by the employee
or for any injury to the employee in the course of such activity.
12.2
Tenant is required to and hereby agrees to obtain and maintain during the term of this Lease or any renewal or
extension of this Lease, at Tenant’s own expense and for Tenant’s protection, a Homeowner Tenant Policy of
insurance which will provide coverage for personal property damage to protect Tenant, Landlord and Agent
from loss or damage to property arising out of or as a result of theft, fire, vandalism and malicious mischief; and
which will further provide personal liability coverage to protect Tenant, Landlord and Agent from claims for
personal injury to any person injured in or about Tenant’s apartment. Tenant also agrees to obtain and maintain,
if available, an endorsement or endorsements to such insurance policy which will provide coverages for mold
and for water damage to Tenant’s property as a result of sewer back-up and certain other water hazards
normally excluded from Homeowners Tenant policies. It is understood that Tenant’s personal property is not
covered by Landlord’s insurance for any loss and that Landlord is not providing for the benefit of Tenancy any
type or form of insurance policy. It is further understood that neither Landlord nor Agent is responsible for any
water damage to Tenant’s property, whether the damage results from water entering the apartment as a result of
rain, the roof or walls leaking, or sewer backup, unless DIRECTLY caused by Landlord’s ACTUAL negligence
or the actual negligence of Landlord’s agents, servants or employees acting within the scope of their actual
authority and employment.
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13.
RECREATIONAL FACILITIES
13.1
14.
No use of recreational facilities is included in this Lease. Use of the Swimming Pool, Health Club facilities,
South Wing Amenity Space and Conference Center and Club (Piano Bar) and/or any other recreational
facilities, may be provided to Tenant only pursuant to a separate written agreement and for a separate charge to
Tenant. Tenant understands that if Landlord provides such amenities or facilities, that these are optional
facilities and are not included in the apartment rent. All persons using the recreational facilities incorporated in
the Apartment Project, if any, do so at their own risk and sole responsibility. Landlord shall have the right to
require any person requesting use of any recreational facilities to execute a separate license agreement and pay a
separate fee for such use. Landlord and Agent do not assume responsibility for any accident or injury in
connection with such use unless directly caused by the actual negligence of Landlord or Landlord’s agents,
servants or employees acting within the scope of their actual authority and employment. Landlord is not liable
for failure to operate the swimming pool, health club, South Wing Amenity Space and Conference center, Club
(Piano Bar) or any other recreational facility provided, and reserves the right to close the facilities at any time in
its sole discretion, and Tenant will not be entitled to a reduction in rent if Tenant’s right to use such facilities is
interrupted or discontinued.
UTILITIES; TRASH SORTING
14.1
Tenant also agrees to pay directly to the provider of the utility (except as hereafter provided or as otherwise
provided in any Addendum to this Lease) when due all separately metered and sub-metered charges, if any,
including any deposits which may be required, for utilities used in the Apartment, as shown by the meter or
meters belonging thereto and Tenant shall maintain all such utility services to the Apartment at all times. Said
utilities and other charges to be paid by Tenant shall include those specified in Paragraph 1.7 of this Lease.
Utilities to be provided to the Apartment and paid for by Landlord shall be as specified in Paragraph 1.7 of this
Lease.
As to utilities paid for by Landlord, Tenant is required to exercise due diligence in conserving fuel and
electricity and must turn off lights when not in use. Landlord reserves the right from time to time to check the
amount of current used. If it is found that Tenant is exceeding the average use of current in the Apartment
Project, Landlord reserves the right to make a charge to Tenant for such excess use.
Neither Landlord nor Agent is liable for any injury or damage whatsoever which may arise or accrue, either
from Landlord’s failure to furnish water or any utility to be supplied by Landlord, regardless of the cause, or on
account of any defect in the building or premises, nor is Landlord or Agent responsible for any water or other
damage to Tenant’s property, unless directly caused by or resulting from the actual negligence of Landlord or
Landlord’s agents, servants or employees while acting within the scope of their actual authority and
employment.
15.
14.2
All telephone service must be arranged and paid for by Tenant.
14.3
Tenant shall comply with all laws and regulations with respect to (a) the sorting or separation of trash for the
Apartment, and (b) the use, generation, storage or disposal of hazardous material, substances or wastes, as
defined in Federal or District of Columbia laws and regulations.
APPLIANCES
15.1
16.
Landlord will furnish and maintain in operation in the Apartment such appliances as Landlord deems suitable
and appropriate, but neither Landlord nor Agent is liable for any damages which may be caused, directly or
indirectly, in furnishing, operating or maintaining the appliances, or by failure to maintain the appliances in
operation, unless directly due to the actual negligence of Landlord, of its agents, servants, or employees acting
within the scope of their actual authority and employment. Appliances that are placed in the Apartment by
Landlord are solely for the convenience of Tenant and remain the property of Landlord. Tenant is responsible
for payment of the cost of repairs to any appliance necessitated through Tenant’s fault or neglect. Tenant may
not install any additional gas or electric appliance or equipment without the prior written consent of the
Landlord, including, but not limited to, washing machines, dryers, freezers, fans, ventilating fans, or space
heaters. Air conditioning may be installed in the apartment pursuant to the rules and regulations. An additional
monthly charge, in an amount established by Landlord, will be made for the use of such additional appliance or
equipment installed by Tenant.
LAUNDRY
16.1
Tenant may not install or use a washing machine or dryer in his/her Apartment unless installed by or under the
supervision and with the prior written consent of Landlord. If Landlord provides common laundry facilities,
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such facilities may be used by Tenant in the manner and at the times established by Landlord upon payment of
the meter charges for the use of laundry equipment. Said charges may be increased from time to time. Neither
Landlord nor Agent is responsible for the loss of or damage to any personal property, or for any physical injury,
occurring from Tenant’s use of the laundry facilities, unless directly caused by the actual negligence of
Landlord or Landlord’s agents, servants or employees acting within the scope of their actual authority and
employment. Landlord reserves the right to dispose of any clothes hung in the basement areas or laundry
rooms, without notice or investigation as to their ownership.
17.
LOCKS-KEYS
17.1
18.
ALTERATIONS - ADDITIONS-PAINTING, ETC.
18.1
19.
Tenant may not paint or wallpaper, or make any structural alterations or changes in or about the Apartment
without the prior written consent of Landlord. Such consent shall not relieve Tenant of the obligation upon
termination of the tenancy to restore the Apartment to its original condition and color. Tenant shall be liable for
Landlord’s costs as specified in Paragraph 2.1 if Tenant fails to restore the Apartment as specified herein. No
awnings or other projections except those installed by Landlord may be attached to the outside of the building.
Under no circumstances may any air-conditioning apparatus, television antennas, or radio aerials be installed by
Tenant either upon the interior or exterior of the building without the prior written permission of Landlord.
Regulations regarding satellite dishes are set forth in the Rules and Regulations Addendum to this Lease. If a
master antenna connection is provided in the Apartment, Tenant agrees to use caution in connecting his or her
television to the master antenna to avoid damaging or interfering with the master antenna or television sets of
other tenants. Tenant will be liable for any damages caused by his/her misuse of the master antenna connection,
and agrees to reimburse Landlord for any damages suffered by Landlord upon receipt from Landlord of a bill
itemizing the costs involved. Such costs will be considered additional rent due on the first day of the month
following Tenant’s receipt of the bill. Tenant’s use of the master antenna connection is at Tenant’s own risk.
Neither Landlord nor Agent is responsible for any loss of or damage to any personal property, or for any
physical injury, resulting from Tenant’s use of the connection to the master antenna, unless directly caused by
the actual negligence of Landlord or Landlord’s agents, servants or employees acting within the scope of their
actual authority and employment. Landlord has no obligation to install or continue any such master antenna
connection.
PLUMBING FIXTURES
19.1
20.
Tenant may not install any additional locks to or within the Apartment without Landlord’s written consent.
Upon the termination of this Lease Tenant must surrender to Landlord all keys to the Apartment. If Tenant
changes the lock to his/her Apartment without written permission from Landlord, or, if granted permission, fails
to provide Landlord with a key to the new lock within 48 hours of the Tenant changing the lock or receipt of
notice from the Landlord requesting a copy of the key, whichever is sooner, Tenant will be liable for any
damages to Tenant’s apartment or any portion of the Apartment Project as a result of Landlord’s inability to
gain access to the Apartment. Tenant will also bear the cost of the opening or removal of said locks and the
cost of any repair caused by the installation. Tenant will be liable for the replacement cost for any lock
removed by Tenant or for Landlord’s opening or removal of any unauthorized lock. Tenant may install
monitored access and fire detection devices provided: (i) that the installation does no permanent damage to the
Apartment; (ii) that the installation complies with all laws, ordinances and codes, (iii) that Tenant gives
Landlord a duplicate set of all keys and operating instructions for such devices, and (iv) that such devices do not
emit loud noises causing disturbances of Landlord or other tenants. Upon termination of the tenancy Tenant
must, upon request by Landlord, remove all such devices and repair all damages caused by the installation
and/or removal of the devices. Any charges incurred by the Tenant under this Paragraph are deemed to be
Additional Rent and will thereafter become due and payable on the first day of the month following Tenant’s
receipt of the bill from the Landlord.
The toilets and other plumbing fixtures may not be used for purposes other than those for which they were
designed and no sweepings, matches, rags, ashes, sanitary napkins or other improper articles may be thrown in
such plumbing fixtures. Tenant may not remove any plumbing fixtures or water saving devices without
obtaining Landlord’s prior written approval. Tenant will be liable for Landlord’s cost of correcting any damage
resulting from Tenant’s removal or misuse of any plumbing fixtures, and Tenant agrees to pay such damages
upon presentation by Landlord of a bill itemizing the costs involved, which will thereafter become due as
additional rent on the first day of the month following Tenant’s receipt of the bill.
HAZARDS-FIRE-UNAVOIDABLE ACCIDENT
20.1
Tenant may not conduct or permit any activity deemed hazardous by Landlord to be done in Tenant’s
Apartment or the Apartment Project which will increase the rate of insurance on the premises or the Apartment
Project, or which violates fire or building codes or good safety practice. Without limiting the foregoing, Tenant
shall not use halogen or other high intensity light bulbs or fixtures in the Apartment. Tenant may not keep any
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gasoline or other explosive or highly flammable material in the Apartment or in the basement, garage,
balconies, patios, storage or parking areas of the Apartment Project. If the Apartment is damaged by a cause
other than the act or omission of Tenant, his/her family, visitors, guests, employees, or invitee, Landlord, at its
expense, will repair the premises within a reasonable time. If the damage is so extensive that the Apartment
becomes uninhabitable, by reason of fire or unavoidable accident, the tenancy will terminate, and all liability for
rent will cease after payment by Tenant of the proportionate rent due to the date of the casualty. If the damage
to the Apartment is attributable to the actions or omissions of Tenant, his/her family, visitors, guests, employees
or invitee, Tenant will be responsible for the repair costs and consequential damages, and any other loss
suffered by Landlord, including, but not limited to, any rent loss.
21.
ACCESS BY LANDLORD
21.1
22.
REMOVAL FOR OBJECTIONABLE CONDUCT
22.1
23.
If Tenant, or his/her family, guests, visitors, employees or invitee, violate any of the Rules of Conduct in the
Rules and Regulations, act in an unlawful, offensive or improper manner which annoys other tenants of the
building or interferes with the proper management of the Apartment Project, Landlord will have the right to
terminate this Lease by giving Tenant thirty (30) days written notice to cure said violation or to quit and vacate
the Apartment. Landlord may personally deliver the notice to quit to Tenant or may leave the same at Tenant’s
Apartment. If said violation is not cured, the term of this Lease will terminate thirty (30) days from the date of
notice, at which time Landlord will be entitled to the immediate possession of the Apartment, without having to
give further notice to Tenant. Tenant agrees that any visit by police to the Apartment for improper behavior
constitutes grounds for termination of the Lease by Landlord. Landlord may also terminate the Lease if Tenant
fails to keep the Apartment in a clean and sanitary condition, or if Tenant’s family, guests or employees damage
the Apartment, the building or the grounds, gardens, basements or hallways of the Apartment Project, or if
Tenant breaches any other provision contained in this Lease.
NOTICE OF EXTENDED ABSENCE
23.1
24.
Tenant may not install any additional locks to or within the Apartment without Landlord’s written consent.
Upon the termination of this Lease Tenant must surrender to Landlord all keys to the Apartment. If Tenant
changes the lock to his/her Apartment without written permission from Landlord, or, if granted permission, fails
to provide Landlord with a key to the new lock within 48 hours of the Tenant changing the lock or receipt of
notice from the Landlord requesting a copy of the key, whichever is sooner, Tenant will be liable for any
damages to Tenant’s apartment or any portion of the Apartment Project as a result of Landlord’s inability to
gain access to the Apartment. Tenant will also bear the cost of the opening or removal of said locks and the
cost of any repair caused by the installation. Tenant will be liable for the replacement cost for any lock
removed by Tenant or for Landlord’s opening or removal of any unauthorized lock. Tenant may install
monitored access and fire detection devices provided: (i) that the installation does no permanent damage to the
Apartment; (ii) that the installation complies with all laws, ordinances and codes, (iii) that Tenant gives
Landlord a duplicate set of all keys and operating instructions for such devices, and (iv) that such devices do not
emit loud noises causing disturbances of Landlord or other tenants. Upon termination of the tenancy Tenant
must, upon request by Landlord, remove all such devices and repair all damages caused by the installation
and/or removal of the devices. Any charges incurred by the Tenant under this Paragraph are deemed to be
Additional Rent and will thereafter become due and payable on the first day of the month following Tenant’s
receipt of the bill from the Landlord.
Tenant must give Landlord written notice of any absence from the Apartment which will exceed seven days. If
Tenant fails to give proper notice, Landlord may proceed to recover damages which may result from Tenant’s
failure to provide such notice. During any period that Tenant is away from his/her Apartment, Landlord will
owe Tenant no greater duty or obligation than that provided for under the terms of this Lease.
RENT AND DEFAULT – DISHONORED CHECKS
24.1
Rent is payable in advance and is to be paid on the first day of each month without setoff, deduction or demand.
Tenant expressly waives the right to any notice to vacate for nonpayment of rent.
24.2
By imposing and accepting late charges for late rent payments, Landlord does not waive its right to enforce
Tenant’s obligation to timely pay rent in advance on the first day of each month. If Tenant fails to timely pay
rent, regardless of the reason, Tenant will be deemed to have materially breached the Lease, entitling Landlord,
at its option, to terminate this Lease. Nothing herein shall be construed as limiting any other rights Landlord
may have upon Tenant’s failure to pay rent on the first day of the month, including the right to immediately
institute legal proceedings for rent or other charges and/or for repossession of the premises as provided by law if
rent is not timely paid.
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25.
24.3
A service charge of forty-five dollars ($45.00) will be assessed against Tenant by Landlord for handling a check
returned by Tenant’s bank for any reason. If a check is returned, Landlord, at its option, may thereafter require
payment of the rent to be by certified check, cashier’s check or money order. The late charges and/or service
charges referred to in this Lease may be increased, from time to time, by Landlord upon thirty (30) days written
notice to Tenant.. Any charges incurred by the Tenant under this Paragraph are deemed to be Additional Rent
and will thereafter become due and payable on the first day of the month following Tenant’s receipt of the bill
from the Landlord.
24.4
Tenant agrees that any fees, costs, charges or other payments associated with his/her tenancy, in addition to
Tenant’s basic rental amount, will constitute and will be considered additional rent due and payable on the first
day of the month following Tenant’s receipt of a bill for same, and non-payment of these items will be treated
as non-payment of rent.
HOLDING OVER-TENANCY BY MONTH
25.1
26.
Unless (a) the parties elect to renew the Lease for an additional term, with agreed upon terms and conditions; or
(b) written notice is given by Tenant to Landlord at least thirty (30) days prior to the expiration of the initial
term of this Lease stating Tenant’s intention to quit and vacate the Apartment at the end of the initial Lease
term, then the Lease term shall continue and be extended on a month-to-month basis. The month-to-month
tenancy shall continue on the same terms and conditions contained in this Lease except that Landlord reserves
the right to increase or adjust the monthly rent upon thirty (30) days prior notice and to change, add, delete, or
modify any other terms and conditions of this Lease upon sixty (60) days prior notice. Tenant shall be deemed
to have consented to any amendment or modification of the rent or other terms and conditions unless within ten
(10) days following Landlord’s delivery or mailing of the notice of modification, whichever is earlier, Tenant
advises Landlord in writing that the modification is not acceptable, advises Landlord in writing of Tenant’s
intention to vacate the Apartment, and the Tenant does in fact vacate and surrender the Apartment to Landlord
before the effective date of the amendment or modification. Either party may terminate the month-to-month
tenancy by serving a written notice on the other party which gives the other party at least sixty (60) days prior
notice of the intended termination. The termination date in any such notice must also coincide and expire with
the expiration of a monthly rental period. In the event that Tenant timely gives notice of intention to quit in
response to a notice increasing the rent or otherwise modifying the Lease terms as aforesaid, then the sixty (60)
day prior notice requirement shall be inapplicable as to that notice of intention to quit only. Notwithstanding
anything in this paragraph to the contrary, in the event of a breach or default by Tenant, Landlord may terminate
this Lease in compliance with applicable statute or regulations then in effect in the District of Columbia, AND
TENANT DOES HEREBY EXPRESSLY WAIVE RECEIPT OR SERVICE OF ANY NOTICE TO QUIT.
Tenant agrees that Landlord shall have the right of access to the Apartment during all normal business hours (as
defined in Paragraph 21) following the receipt or delivery of any notice to quit, or notice of intention to quit for
the purpose of showing the Apartment to prospective tenants.
RIGHTS OF LANDLORD ON BREACH OF LEASE BY TENANT
26.1
If Tenant at any time during his/her tenancy fails to pay any one of the monthly installments of rent or other
charges hereunder when due, even though no demand has been made for such installment, Landlord will have
the right to avail itself of all rights and remedies to which it may be entitled under the laws of this jurisdiction
which are in effect now or which may become effective in the future, including, but not limited to, the right to
terminate this Lease and recover possession of the Apartment. If Tenant violates any of the agreements, terms
or conditions of this Lease, or any of the rules or regulations set forth in this Lease or which may later be
adopted by Landlord, Landlord, at its option, will have the right, upon thirty (30) days notice to Tenant to quit,
to terminate this Lease and re-enter and take possession of the Apartment by legal process of the court having
jurisdiction over the premises. Such termination will not relieve Tenant of the obligation to pay the rent due
under this Lease for the full balance of the Lease term, less any rent received by Landlord when and if the
Apartment is re-rented. Landlord may sue for each monthly installment as it becomes due and need not delay
action until the end of the term. In addition to all other damages permitted by law, in the event of termination of
this Lease because of Tenant’s breach, Tenant will be responsible for all costs enumerated in Paragraph 2.1 of
this Lease.
26.2
All rights and remedies of Landlord under this Lease are cumulative and are not exclusive of any other rights
and remedies provided to Landlord under applicable law. No re-entry by Landlord, and no acceptance by
Landlord of keys from Tenant will be considered an acceptance of surrender of this Lease, except at the natural
expiration of this Lease. NO NOTICE TO QUIT OR OTHER NOTICE TO TENANT WILL BE REQUIRED
BEFORE COMMENCING AN ACTION FOR POSSESSION OF TENANT’S APARTMENT FOR NONPAYMENT OF RENT, ANY NOTICE TO QUIT OR OTHER NOTICE BEING EXPRESSLY WAIVED BY
TENANT.
26.3
In attempting to mitigate any damages suffered because of Tenant’s breach, Landlord need not separately
advertise or show Tenant’s Apartment; any general project advertising undertaken by Landlord will be
sufficient. The preceding sentence should not be construed as requiring Landlord to advertise, or as requiring
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Landlord to seek to re-rent Tenant’s Apartment in preference to any other apartment available in the Apartment
Project.
27.
EARLY TERMINATION BY MILITARY PERSONNEL
27.1
28.
ABANDONED PROPERTY
28.1
29.
In the event the Apartment, or any part thereof, is taken by condemnation by any governmental agency or
authority, this Lease will be terminated at the option of Landlord. The Tenant hereby specifically assigns to
Landlord any portion of the award received as damages for the taking of the property, and waives any right to
participate or make any claim in such condemnation proceedings.
WAIVING OF ONE BREACH NOT A GENERAL WAIVER
32.1
33.
This Lease is subject and subordinate to all present or future mortgages, ground leases or deeds of trust
affecting the Apartment or the Apartment Project. This subordination shall be automatic, but Tenant hereby
appoints Landlord as Attorney-in-Fact to execute and deliver any and all necessary documents to subordinate
this Lease to any present or future mortgages, ground leases or deeds of trust affecting the demised premises or
the Apartment Project. There is not covenant of quiet enjoyment, either express or implied, with respect to this
Lease.
CONDEMNATION
31.1
32.
In the event that Landlord obtains the service of an attorney and takes legal action against Tenant in connection
with any breach by Tenant of any of the terms or conditions of this Lease, Tenant covenants and agrees to pay
Landlord reasonable attorney’s fees, plus all court costs, the costs of any special process server employed by
Landlord, and all other additional costs that may be incurred, as a court or tribunal of competent jurisdiction
may award, in the event that legal action is instituted against Tenant.
SUBORDINATION
30.1
31.
At termination of occupancy, Tenant must remove all of Tenant’s personal property and leave the Apartment in
broom clean condition and free of debris. All debris, furniture, clothing, personal property, etc… left in the
Apartment after Tenant vacates is left at Tenant’s risk and expense and may be disposed of in accordance with
applicable law.
ATTORNEY’S FEES
29.1
30.
If Tenant is a person who is on active duty with the United States military and subsequently receives permanent
change of station orders or temporary duty orders for a period of 90 days or more, this Lease may be terminated
under the following conditions: (A) The Tenant must provide to the Landlord a full 30-day written notice to
vacate because of his/her orders; (B) The written notice must be accompanied by one (1) copy of the official
orders which will be interpreted only in terms of reporting date and reporting location; and (C) At such time as
the above-described notice and orders are delivered to Landlord, all rent payments through Tenant's intended
Lease termination date must be paid in full. The notice will not be valid unless accompanied by such payment.
In addition, In the event of such early termination, Tenant shall be responsible for the condition of the
Apartment at the time of termination as set forth in Paragraphs 5.4 and 28.1 of this Lease.
No waiver by Landlord of any breach of the covenants, provisions or conditions contained in this Lease may be
construed as a waiver of the covenants itself or of any subsequent breach. If any breach occurs and afterwards
is compromised, settled or adjusted, this Lease will continue in full force and effect as if no breach had
occurred. The parties agree that the Landlord will not be deemed to have waived any of its rights under this
Lease because of its acceptance of periodic rent payments or other payments, with knowledge of default by
Tenant, or because Landlord otherwise accepts performance from Tenant that varies from the terms of the Lease
agreement or rules and regulations governing the Apartment Project.
REPRESENTATIONS IN APPLICATION
33.1
The rental application submitted by Tenant, which is made a part of this Lease, has been an inducement for
Landlord to rent the Apartment to Tenant. If any of the representations contained in the rental application are
found by Landlord to be misleading, incorrect or untrue, Landlord has the right to cancel this Lease and to
repossess the Apartment according to any remedy provided by law. Landlord will also have the right to recover
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from Tenant any loss or damages which Landlord may suffer because of such misrepresentation, including rent
for the full term of the Lease.
34.
CONTEXT OF AGREEMENT
34.1
35.
LEASE BINDING ON SUCCESSORS
35.1
36.
42.
If any provision in this Lease is found to violate any law, only the violating provision will be invalid and all
other provisions of this Lease will remain in full force and effect.
MANAGEMENT AGENT-SERVICE OF PROCESS-NOTICE
40.1
41.
The captions of this Lease are for convenience of reference only and in no way define or limit the scope or
intent of this Lease, nor in any way affect this Lease.
SEVERABILITY
39.1
40.
This Lease contains the entire agreement between all parties to this Lease, and may not be changed or modified
in any way except by an instrument in writing signed by the parties.
CAPTIONS
38.1
39.
As a condition of Landlord’s entering into this Lease, any Tenant who has been granted diplomatic immunity by
the United States Government must provide a notarized statement signed by the Ambassador or head of the
mission for the government to which Tenant is attached, in which Tenant’s government agrees to waive the
diplomatic immunity of Tenant and to indemnify Landlord for any of Tenant’s unmet financial responsibilities
arising under this Lease.
ENTIRE AGREEMENT
37.1
38.
This Lease and all covenants, terms and conditions hereof are binding upon and shall inure to the benefit of the
successors and assigns of Landlord and, to the extent herein permitted by Paragraphs 7 and/or 9, the heirs,
executors and administrators of Tenant.
DIPLOMATS
36.1
37.
In this Lease, where the context requires, words in the singular shall be substituted for the plural and vice versa,
and words in the masculine shall be substituted for any gender.
Company (“Agent”), telephone number, is the management entity managing the Apartment Project. Agent is
authorized to act for or on behalf of the owner for purposes of service of process and notice with respect to
matters arising out of this Lease.
MISCONDUCT OF THIRD PARTIES
41.1.
Neither Landlord nor Agent shall be liable in any manner to Tenant, or Tenant’s family, visitors, guests or
invitee for any injury or damage to Tenant, Tenant’s family, visitors, guests or invitee or their property caused
by the criminal or intentional misconduct of third parties.
41.2
NOTWITHSTANDING ANY OTHER PROVISION OF THIS LEASE, TENANT AGREES THAT
LANDLORD AND AGENT HAVE NOT IN ANY MANNER UNDERTAKEN TO PROVIDE SAFETY
AND/OR SECURITY TO TENANT, TENANT’S FAMILY, VISITORS, GUESTS, INVITEE OR
OCCUPANTS OR THEIR PROPERTY FROM INJURY, DEATH OR DAMAGE ARISING FROM THE
ACTS OR OMISSIONS OF OTHER TENANTS OR OCCUPANTS OF THE APARTMENT PROJECT OR
ANY OTHER PERSONS WHOMSOEVER.
RULES AND REGULATIONS/ADDENDA
42.1
ALL LEASES ARE MADE SUBJECT TO THE RULES AND REGULATIONS set forth in the Rules and
Regulations Addendum attached to this Lease, which are for the purpose of promoting the convenience of all
tenants and for the preservation of Landlord’s property from abusive use. Tenant and his/her family, visitors,
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guests and invitee, shall comply with the Rules and Regulations contained in the Rules and Regulations
Addendum attached to this Lease, and all other Rules and Regulations and any alterations or changes in the
Rules and Regulations which Landlord, in its discretion, may adopt for the Apartment Project. The failure to
comply with any such Rules and Regulations will be deemed a breach of this Lease. This Lease is also subject
to any and all other Addenda attached to this Lease, each of which shall be initialed by Tenant. The failure to
comply with any of the terms of any such Addendum shall be deemed a breach of, and default under, this Lease.
This Lease Agreement is executed in triplicate by the undersigned Tenant and accepted by Landlord, subject to the terms and
conditions contained in this Lease. Tenant acknowledges receipt of a copy of this Lease, a copy of the provisions of the District of
Columbia Housing Regulations set forth in Chapter 3 and Chapter 1 and 101 and 106, and affirmatively states that Tenant has read or
has been given the opportunity to read the Lease Agreement prior to entering into this Lease.
Tenant(s):
_____________________________________________________
_______________
Date
_____________________________________________________
_______________
Date
Landlord
By:
Company
By:
_______________________________________________
_______________
Date
General Manager
LIST ATTACHED ADDENDA:
Lease Termination Addendum
Lease Addendum
Disclosure Form
Notice of Disclosure Form Available to Tenants
Disclosure of Basis of Rent Charged
Lead Paint Addendum To Lease Agreement
D.C. Lead-Based Paint Disclosure Form
Indoor Environmental Quality Addendum
Waiver of Liability
Rules and Regulations
Additional Rules of Conduct
District of Columbia Municipal Regulations Title 14 Housing
Health Club Membership Agreement
Pet Addendum
Move-In Statement
What You Should Know About Rent Control in the District of Columbia
Business License
Lead In Your Home, Apexenvironmental, inc.
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LEASE TERMINATION ADDENDUM
This Addendum to the Lease dated August 03, 2011 between Tenant, and Landlord, is
incorporated in and made a part of the aforesaid Lease.
It is agreed between the parties hereto that:
1. In consideration of Landlord agreeing to release Tenant from the aforesaid Lease prior to
its expiration date (as the same may have been renewed or extended), Tenant agrees to the
following:
a.
Tenant agrees to pay any and all outstanding rent which may be due and owing,
at the time of the Intent to Vacate Notice; and
b.
Tenant agrees to give to Landlord thirty (30) days notice of his intent to vacate,
by written Intent to Vacate Notice.
c.
Tenant agrees to pay to Landlord an additional Lease Termination Fee of two (2)
month’s rent.
d.
Tenant agrees to reimburse Landlord for Zero And 00/100 Dollars, ($0.00) which
is the total value of the rental concession granted upon signing the above mentioned Lease.
2. All monies will be due and payable prior to Tenant moving out.
3. In the event Tenant shall abandon or vacate the Premises before the end of the term or
fail to pay rent promptly when due, the Premises or any part thereof may be repossessed by
Landlord and re-let upon terms satisfactory to it, and Tenant shall be liable for deficiency
resulting there from. Tenant's liability for deficiency includes but is not limited to painting,
cleaning and repair costs. Landlord may apply Tenant's security deposit to rectify any damage
caused by Tenant's vacating or abandonment. Application of the security deposit shall not waive
or limit Landlord's right to further hold Tenant liable for costs and damages, losses or injury
therein due.
4. This Addendum shall supersede the Abandonment Clause now contained within the
aforesaid Lease.
Tenant(s):
_____________________________________________________
_______________
Date
_____________________________________________________
_______________
Date
Landlord:
By:
By:
_______________________________________________
_______________
Date
General Manager
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LEASE ADDENDUM
This Addendum (the "Addendum") dated August 01, 2011 is attached to and made
a part of the lease dated August 03, 2011 (the "Lease") by and between Corporation,
owner of the Apartment Project ("Landlord"), and ("Tenant") for apartment number XXX
(the "Apartment") at Connecticut Avenue, N.W. Washington, D.C. (the "Apartment
Project").
(1)
Tenant has been informed that Landlord reserves the right to transfer to
Tenant the responsibility for payment of utility expenses to Tenant in
accordance with applicable District of Columbia law and to reduce the
rent for the Apartment by the appropriate amount based on the change
in services. In the event that such transfer occurs, Tenant agrees to pay
to the respective utility provider promptly when due all such charges
billed to Tenant for the Apartment.
(2)
Tenant has been informed that certain portions of the Apartment
Project are currently under construction; that Tenant may have to
traverse areas where construction activity is taking place; that the
construction may generate noise and inconvenience for the Tenant
from time to time; and that the construction may require temporary
interruption in utility service to the Apartment from time to time.
Tenant agrees not to file or register complaints regarding the
construction activity or interruption in utility service with Landlord or
any other person. Tenant has further been informed that Tenant is
prohibited from entering certain areas where construction activity is
taking place, which will be posted as “Prohibited Areas”.
Any failure to comply with any provision of this Addendum shall be deemed a
material default under the terms of the Lease, and Landlord shall be entitled to exercise
all rights and remedies at law or in equity. Except as specifically stated herein, all other
terms and conditions of the Lease shall remain unchanged. In the event of any conflict
between the terms of this Addendum and the terms of the Lease, the terms of this
Addendum shall control. Any term that is capitalized but not defined in this Addendum
that is capitalized and defined in the Lease shall have the same meaning for purposes of
this Addendum as it has for purposes of the Lease.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
SIGNATURES ON FOLLOWING PAGE.
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Note: The following information applies only to rent-controlled housing accommodations.
9.
The following petitions or proceedings are pending that could affect the rental unit, whether the
rent charged, the services and facilities provided, or other matters:
Type of Petition/Proceeding
Case Number
N/A
N/A
For any petitions or proceedings listed, the undersigned acknowledge(s) having been shown
the petitions or proceedings and having been offered a copy of the petitions or proceedings for
the undersigned.
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10.
The following surcharges (rent increases that will subsequently be rescinded) are in effect for
the rental unit:
Date of
Case
Type of Surcharge
Amount
Number
Rescission *
Capital Improvement/Windows
179
05/01/2014
PL
E
20794
$179 of Capital Improvement Surcharge #20794 has been assessed to your unit.
* The date of rescission is projected; the actual date will be determined based on the applicable law and regulations.
11.
Except for a rent increase upon vacancy, the rent charged for the rental unit under rent control
may be increased no more frequently than once every twelve months.
M
12.
The undersigned acknowledge(s) having been shown the most recent Notice of
Change form filed pursuant to section 205(g)(1)(C) of the Act, relating to change of ownership,
management, or services and facilities, and having been offered a copy.
13.
The undersigned acknowledge(s) receipt of a pamphlet published by the Rent
Administrator explaining the Act and any regulations under the Act as they relate to
implementation of rent increases and petitions permitted to be filed by housing providers and
tenants.
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The undersigned acknowledge(s) receipt of this disclosure form, the attachment and the pamphlet
published by the Rent Administrator. The undersigned acknowledge(s) having been shown the other
documents, having been offered copies of those documents and having received any copies of
documents requested by the undersigned as set forth above.
____________________________________________________________________________________
Tenant
Tenant
Printed Name: _____________________________ Printed Name: _____________________________
Date: _____________________________________ Date: _____________________________________
RACD Form 4
15
16
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LEAD PAINT ADDENDUM TO LEASE AGREEMENT
Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards
Lead Warning Statement
Every lessee of residential real property on which a residential dwelling was built prior
to 1978 is notified that such property may present exposure to lead from lead-based paint
that may place young children at risk of developing lead poisoning. Lead poisoning in
young children may produce permanent neurological damage, including learning
disabilities, reduced intelligence quotient, behavioral problems, and impaired memory.
Lead poisoning also poses a particular risk to pregnant women. The lessor of any
interest in residential real property is required to provide the lessee with any information
on lead-based paint hazards from risk assessments or inspections in the seller’s
possession and notify the buyer of any known lead-based paint hazards. A risk
assessment or inspection for possible lead-based paint hazards is recommended prior to
purchase.
Landlord’s Disclosure (initial)
(a)
Presence of lead-based paint or lead-based paint hazards (check
one below):
Known lead-based paint and/or lead-based paint hazards are
present in the housing (explain).
Landlord has no knowledge of lead-based paint and/or lead-based
paint hazards in the housing.
(b)
Records and reports available to the landlord (check one below):
Landlord has provided Tenant with all available records and
reports pertaining to lead-based paint and/or lead-based paint
hazards in the housing (list documents below).
Clearance Report Dated:10/29/2009
Lead-Based Paint Risk Assessment Report
Available in Management Office.
Landlord has no reports or records pertaining to lead-based paint
and/or lead-based paint hazards in the housing.
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Tenant’s Acknowledgement (initial)
________
________
(c)
(d)
Tenant has received copies of all information listed above.
Tenant has received the pamphlet Protect Your Family from Lead
in Your Home.
Agent’s Acknowledgement (initial)
(e)
Agent has informed Landlord of Landlord’s obligations under 42 U.S.C.
4582(d) and is aware of his/her responsibility to ensure
compliance.
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of
their knowledge, that the information provided by the signatory is true and accurate.
Tenant(s):
_____________________________________________________
_______________
Date
_____________________________________________________
_______________
Date
Landlord:
By:
By:
_______________________________________________
_______________
Date
General Manager
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LEAD-BASED PAINT DISCLOSURE FORM
ADDRESS OF PROPERTY, INCLUDING UNIT NUMBER IF ANY:
Connecticut Avenue, NW, Washington, DC
The District of Columbia Lead-Hazard Prevention and Elimination Act, D.C. Code § 8117.04 (2009), requires an owner of residential property constructed before March 1, 1978, to
disclose the information contained in the Disclosure Document below to the owner’s tenants,
before any change in occupancy or contract for possession is executed. Owners are required
to disclose specific information which they know or reasonably should know about the
property related to the presence of lead-based paint and/or lead-based paint hazards, and any
pending actions ordered under the Act. To meet the requirements of this law, you must
complete this Disclosure Form.
I am the owner of The Apartments and affirm that the following answers to the questions
state what I reasonably know about my property.
CHECK ONE BOX UNDER A, B, AND C, BELOW.
A. Check one of the following 2 statements that accurately describes the condition of
your property:
Lead-based paint is present on the interior or on the exterior of the property (including
common areas, if applicable), at the following locations (specify components, rooms, and any
other relevant details):
Lead-based paint is not present on the interior or on the exterior of the property
(including common areas, if applicable).
B. Check one of the following 2 statements that accurately describes the condition of
your property:
NOTE: DEFINITION OF LEAD-BASED PAINT HAZARD: “Lead-based paint hazard”
means any condition that causes exposure to lead from lead-contaminated dust, leadcontaminated soil, deteriorated lead-based paint or presumed lead-based paint, or lead-based
paint or presumed lead-based paint that is disturbed without containment. See D.C. Official
Code § 8-117.01(22) (2009).
A lead-based paint hazard is present on the interior or on the exterior of the property
(including common areas, if applicable), at the following locations (specify components,
rooms, and any other relevant details):
Within Units: Wooden Baseboards and Metal Door Frames separating interior rooms.
Within Corridors: Door Frames at the Unit Entrances.
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Lead-based paint hazards are not present on the interior or on the exterior of the property
(including common areas, if applicable).
C. Check one of the following 2 statements that accurately describes whether there are
currently any government orders outstanding with respect to your property.
There are currently no pending actions ordered by DDOE with respect to the property
listed above.
There are pending actions that have been ordered by DDOE with respect to this property,
as follows:
________________________________________________________________________
________________________________________________________________________
CLEARANCE REQUIREMENTS FOR LEASING PROPERTY TO A HOUSEHOLD
THAT INCLUDES A CHILD UNDER AGE 6 OR A PREGNANT WOMAN.
In addition to the completed Disclosure Form, you are required to submit a clearance report
for the property issued within the previous 12 months before you can obligate any lessee
whose household includes a child under the age of 6 or a pregnant woman. A clearance report
is not required if:
° You submit three clearance reports with respect to your property as identified on
this Form, that were issued at least 12 months apart and within the last 7 years; or
° You submit a report from a risk assessor or inspector certifying that the unit is a
lead-free unit.
By my signature below, I agree that this Disclosure Form states information about my
property listed above, which is reasonably known to me, and that I have answered the
questions in this form truthfully. I also agree to comply with the Act’s requirement that
I provide this information to my tenants and prospective tenants.
_________________________________
NAME OF OWNER’s Agent
____________________
DATE
PENALTY: Falsification of information required by this notice may result in criminal penalties. D.C.
Official Code § 8-117.16(b) (2009).
GOVERNMENT OF THE
DISTRICT OF COLUMBIA
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INDOOR ENVIRONMENTAL QUALITY ADDENDUM
This Indoor Environmental Quality Addendum (the “Addendum”) dated August 01, 2011,
is attached to and made part of the Lease Agreement dated August 01, 2011 (the “Lease”),
by (“Landlord”), the owner of The Apartments, and the “Tenant”) for Unit # XXX
located at Connecticut Avenue, NW, Washington, DC (the “Unit”).
Apartment homes in areas that experience high humidity and wet weather may,
under certain circumstances, experience mold growth. Your assistance is requested
in a joint effort to eliminate conditions in the Unit that may lead to mold growth.
Resident agrees to contribute to the prevention of mold growth by taking the
following actions:
1.
Open windows frequently to allow an exchange of air and permit the introduction
of sunlight throughout the Unit;
2.
Regularly clean the Unit by vacuuming, mopping, dusting, and using a household
cleaner, and clean the Unit more often if you own a pet.
3.
Maintain a general temperature of 68.5 F – 76.0 F (winter) and 74.0 F – 80.0 F
(summer), and a general relative humidity between 30 and 50% within the Unit at
all times;
4.
As soon as reasonably possible, wipe down and dry areas that accumulate visible
moisture, like countertops, windows and windowsills;
5.
Use any pre-installed bathroom fan and open any available bathroom windows
when bathing (allow the fan to run until all excess moisture has vented from the
bathroom);
6.
After you are done bathing, leave the bathroom door open until all moisture on
the mirrors and bathroom walls and tile surfaces have dissipated;
7.
When you are through bathing, hang up your towels and bath mats so they will
completely dry out;
8.
Use the exhaust fans in your kitchen when cooking or while the dishwasher is in
its “dry” cycle (allow the fan to run until all excess moisture has vented from the
kitchen);
9.
Limit houseplants to a reasonable number, do not over-water houseplants, and
clean up spills from over-watering immediately;
10.
Ensure that your clothes dryer vent is properly connected and clear of any
obstruction; also clean the lint screen after ever use (if applicable);
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11.
When washing clothes in warm or hot water, watch to make sure condensation
does not build-up within the washer and dryer closet; if condensation does gather,
dry with a fan or towel;
12.
After using the bathtub, shower, or lavatory sink, dry excess moisture that has
gathered on the fixtures, using a reliable household cleaner to ensure a sanitary
environment;
13.
When showering, be sure to keep the shower curtain inside the tub or fully close
the shower doors;
14.
Periodically clean and dry the walls around the bathtub and shower, using a
common, reliable household cleaner;
15.
Do not overfill closets or storage areas;
16.
Do not allow damp or moist stacks of clothes or other cloth materials to lie in
piles;
17.
Immediately report to the management office any evidence of a water leak or
excessive moisture in the Unit, storage room, garage, or any common area;
18.
Immediately report to the management office any evidence of mold- or
mildew-like growth that cannot be removed by simply applying a common,
reliable household cleaner, and wiping the area;
19.
Look for leaks in washing machine hoses and discharge lines, especially if the
leak is large enough for water to infiltrate into nearby walls;
20.
Immediately report to the management office any failure or malfunction with your
heating, ventilation, or air conditioning systems;
21.
Immediately report to the management office any inoperable windows;
22.
Do not block or cover any heating, ventilation or air conditioning supply diffusers
and/or return grilles in the Unit;
23.
Follow The Kenney-Warren Apartments’ policy on house pets, and immediately
clean up pet accidents;
24.
Recognize that unreasonable and/or excessive humidifier use can contribute to
conditions favorable for mold growth;
25.
Recognize that “personal air cleaners” have been linked to unacceptable amounts
of ozone in indoor environments, and that the use of “personal air cleaners” is
discouraged.
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Tenant further agrees that Tenant shall be responsible for damage to the Unit and
Tenant’s property, as well as personal injury to Tenant and anyone residing in the Unit
with Tenant for any time period, resulting from Tenant’s failure to comply with the terms
of this Addendum.
A default under the terms of this Addendum shall be deemed a material default under the
terms of the Lease, and Landlord shall be entitled to exercise all rights and remedies at
law or in equity. Except as specifically stated herein, all other terms and conditions of
the Lease shall remain unchanged. In the event of any conflict between the terms of this
Addendum and the terms of the Lease, the terms of this Addendum shall control. Any
term that is capitalized, but not defined in this Addendum, that is capitalized and defined
in the Lease shall have the same meaning for purposes of this Addendum as it has for
purposes of the Lease. If any of these provisions are ruled to be invalid, the remaining
provisions of this Addendum shall remain in full force and effect.
Please understand that if mold is detected in the Unit, under certain circumstances,
Landlord may, at its discretion, temporarily relocate Tenant to a comparable, furnished
apartment while Landlord evaluates the problem, and/or provide Tenant with the option
to terminate the Lease. Tenant’s signature below indicates Tenant’s agreement that
Landlord may temporarily relocate you to a comparable furnished apartment under such
circumstances.
If Tenant has any questions regarding this Addendum, please contact the management
office or phone number shown in the Lease.
Tenant(s):
_____________________________________________________
_______________
Date
_____________________________________________________
_______________
Date
Landlord:
By:
By:
_______________________________________________
_______________
Date
General Manager
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WAIVER OF LIABILITY
In consideration of the right to use the recreational and health facilities in The
Apartments, at
Connecticut Avenue, NW, Washington, DC, the undersigned
acknowledges and agrees that neither The Apartments, (owner) or the Company or their
affiliates, agents, employees, successors, or assigns shall not be liable for any claims,
demands, costs or expenses arising out of any personal injury, property damage or loss
which may be sustained by the undersigned or any persons whom the undersigned allows
to use the facilities, or their personal representatives or dependents, whether or not caused
in whole or in part by the active or passive actions of The Apartments, (owner) or the
Company or their affiliates, agents, employees, successors, or assigns or any cause
whatsoever. In this regard, the undersigned hereby agrees to assume all risk of such
occurrences and to hold The Apartments, Corporation (owner) or the Company or their
affiliates, agents, employees, successors, or assigns harmless and indemnify and defend
same against any and all claims, liabilities, damages, liens, and expenses (including,
without limitation, reasonable attorneys' fees) arising directly or indirectly from any such
occurrences. I have received approval from my physician to participate in this program.
Tenant(s):
_____________________________________________________
_______________
Date
_____________________________________________________
_______________
Date
Landlord:
By:
By:
_______________________________________________
_______________
Date
General Manager
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RULES AND REGULATIONS ADDENDUM
A.
All rents are due and payable on the first day of each month. Payment must be
made only at the front desk or management office of The Apartments (or at such other
place as may be designated in writing by Landlord to Tenant) by check or money order
during normal office hours. No cash will be accepted at the front desk or the
management office. All checks or money orders for rent or other payments are to be
made payable to " Company" or to such other payee as Landlord may designate in
writing to Tenant. A certified check, cashier's check or money order may be required, at
Landlord's option, for payment after return of a dishonored check, or for payments made
after the fifth (5th) day of the month.
B.
All garbage and trash must be placed in suitable, substantial, non-leaking, covered
containers and placed as directed by Landlord. Trash shall be placed by Tenant in the
trash chute, if one is provided. When refuse is to be placed in a large container provided
by Landlord, Tenant must use this container, replace its lid and not place refuse on the
floor of the trash room. Tenants are not permitted to place diaper containers or laundry
bags in public halls, basements or entrance doors for collection. Tenant agrees to sort all
trash as required by law or regulation.
C.
No Tenant may have or keep a pet or animal of any kind, species, or description
in his/her apartment, without the prior written consent of Landlord in Landlord's sole and
absolute discretion; except, however, any Tenant who is totally or partially blind, or deaf
or hearing impaired, may keep, in accordance with applicable laws, an assistive animal
which is certified as being specially trained to aid Tenant in his/her handicap. Tenant
shall be liable for any damages caused by such specially trained assistive animal, and
agrees to keep the assistive animal from disturbing other tenants in any manner.
D.
No baby carriages, tricycles, bicycles or other articles of personal property may be
deposited, allowed or permitted on the patios or balconies of the apartment or Apartment
Project, or passageways, parking areas, courts, sidewalks, or lawns of the Apartment
Project.
E.
The Tenant must not permit or allow any employee, or his/her children, or any of
his/her guests or invitees to loiter or play in the elevators, lobby, corridors, landings, or
stairs, lawns, parking areas, entrances, garage, basement or roof areas.
F.
All persons must be properly attired when appearing in the lobby or any common
areas of the building.
G.
Tenant must keep all doors leading from and into his/her apartment closed at all
times, and Landlord reserves the right to close all such doors in the event of the violation
of this provision.
H.
Tenant may not make or permit any disturbing noises which will unreasonably
interfere with the rights, comforts or convenience of other tenants. Tenant must keep the
volume of any electronic device, radio, television or musical instrument in his/her
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apartment sufficiently low at all times so as not to disturb other tenants in the building.
Tenants may not conduct or permit any vocal or instrumental practice or instruction.
Landlord shall have the right to require Tenant to install sufficient carpeting or rugs with
appropriate padding to eliminate noise caused by walking on the floors or noise from
other sources in the Apartment.
I.
At termination of occupancy, Tenant must remove all of Tenant's property and
leave apartment in broom-clean condition. Any debris, furniture, clothing, etc. left in
apartment or storage room after Tenant vacates and turns in keys to the rental office, is
left at Tenant's risk and expense and may be disposed of in accordance with applicable
law.
J.
Moving of furniture is permitted to and from the apartments between the hours of
8:00 a.m. and 6:00 p.m. only. In addition to all other notices required under this lease,
notice of intent to move must be given to the authorized representative of Landlord at
least 48 hours prior to Tenant's moving date. Moving is not permitted on Sundays and
holidays. Any packing cases, barrels or boxes which are used in moving must be
removed by Tenant to whom they belong or by the moving company. Such moving
company shall provide to Landlord a certificate of insurance acceptable to Management,
together with the notice of intent to move from Tenant.
K.
Tenant may not refinish nor shellac the floors of his/her apartment nor use any
similar material without the prior written approval of Landlord.
L.
The use of charcoal burners or open burners of any sort or any other cooking
device not designed for indoor use is a violation of the Fire Prevention Code and will not
be permitted in the apartment or on the terrace, patio, or balconies due to danger of fire
and smoke disturbances to Tenant's neighbors.
O.
Employees of Landlord are not authorized to accept keys or money (except for
payment of rent as provided in subparagraph "A" of these rules), or articles of any
description from or for the benefit of Tenants. If packages, keys, money or articles of
any description are left with employees of the Apartment, it will be at the sole risk of
Tenant. Landlord does not assume any responsibility for loss or damage in such cases
and the employee receiving the same will be deemed Tenant's agent. In the event that
Landlord establishes or has established a "Receiving Room" for the receiving and
delivery of packages on behalf of Tenant, it is understood that such "Receiving Room" is
operated by an for the benefit of tenants and is at Tenant's sole risk. No charge is made
by Landlord for such accommodations, and Landlord assumes no liability for any
package, parcel, etc., delivered to Tenant.
P.
Tenants are cautioned against excessive use of soaps and detergents which might
cause overflowing of suds in neighboring apartments. Any Tenant causing such
overflowing will be required to pay for all resulting damages.
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Q.
Deliveries requiring entrance to a Tenant's apartment will not be accepted unless
Tenant has signed an admit slip. Landlord does not assume any responsibility for the
receipt of deliveries or for the condition in which deliveries are received.
R.
In order to enhance the appearance of your Apartment Community, all window
coverings must appear white to the outside of the buildings. Sheets, blankets, etc. are not
to be hung in place of draperies. Landlord has the right to determine the acceptability of
the window coverings. No decals are permitted on windows. Absolutely no laundry,
clothing, rugs or other items are to be hung on or upon the exterior of any building. No
clothesline, clothes racks or any other device may be used to hang any such item on any
patio, balcony or from any window. Tenant may not keep anything on the windowsills of
the apartment, may not store any items on the balconies or patios of the building. The
dusting or shaking of mops, brooms, or other cleaning material out of either the windows
or doors or from the balcony of any apartment is not permitted. Tenant may not drive
any picture hooks or other nails into the woodwork of the apartment without prior written
consent of Landlord, and may not in any manner deface or injure floors, walls, woodwork
or windows. Flower boxes are prohibited on the balconies and patios without the prior
written consent of Landlord. Tenants are not permitted to put mats in front of doors in
common areas.
S.
Tenants must operate garbage disposals in accordance with the written
instructions to insure maximum efficiency with a minimum of trouble. Tenants will be
responsible for breakage and removal of objects causing stoppages of the disposals.
T.
Solicitors are not permitted in the building. If Tenant is contacted by one, he/she
shall notify the Management Office immediately.
U.
Requests for maintenance or exterminating services shall be made at the
management office or the front desk, in accordance with the procedures outlined in
Paragraphs 5.1 and 5.2 of this lease agreement.
V.
No waterbeds are permitted.
W.
If Landlord furnishes a manned front desk, lobby attendant or concierge, it is
expressly understood that Landlord, at its sole discretion, may discontinue such service at
any time without liability to Tenant.
X.
Exterior Alterations; Satellite Dishes.
In order to maintain an attractive Apartment Community and not disturb the
architectural designs that have been created, no alterations to the exterior of the Building
may be made by residents. The only exception will be the displaying of the American
Flag on private patios and balconies only, on such days as the 4th of July, Flag Day (June
14) and other recognized dates. The means of mounting the flag must be approved by
Landlord. Tenants may not install their own outside antennas, except that, only for so
long as Landlord is required by law to allow Tenants to do so, Tenants may install
satellite dishes or a traditional stick-type antenna provided that the dish (the term "dish"
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hereinafter includes both dish and stick-type) is mounted within the confines of the leased
premises (apartment). Landlord has not made any representation that any Tenant's
apartment can receive a satellite signal. Tenants living in units than can receive satellite
signals who wish to install dishes must adhere to the following rules:
(1) The dish must be installed within the confines of the leased premises (apartment)
or on a patio or balcony that is part of the apartment. Tenant may not install a
satellite dish in a common area or on the roof. Tenant may not mount a dish on an
outside wall, a common stairwell, the roof or eaves, or outside the windowsill.
Landlord prohibits the drilling of any holes through the outside wall, window or
firewall. A dish can be securely clamped to a balcony railing, but the drilling of holes
is prohibited. Landlord, at its discretion, may require a separate damage deposit of
$100.00. Landlord requires that any dish not be obstructive and may require that the
dish be painted a color that meshes with the exterior building color or masked so long
as the signal is not impaired. Tenant may not install a dish outside Tenant's
apartment unless Tenant has a patio or balcony, and Tenant may not install a dish on
an exterior wall. Tenant may install a dish entirely inside Tenant's apartment.
(2) Any dish must be professionally installed. Tenant may not install the dish himself
or herself.
(3) The dish must not be larger than one meter in diameter. Tenant may not install
any satellite dish larger than one meter (3 feet, 3 inches), measured across its widest
part.
(4) The dish must be securely mounted and may not extend beyond the edge of the
apartment. Tenant's dish must be mounted in such a manner that it cannot become
dislodged. It must not extend beyond the edge of the patio or balcony railing. Tenant
may not hang a dish out the window.
(5) Installation of the dish must not damage the apartment. Tenant may not drill
holes in railings, exterior walls, or any other location where holes might impair the
building's weatherproofing or there is a risk of striking electrical or water lines.
(6) Landlord must be notified in writing by Tenant for the purposes of an inspection
of the dish and its installation/mounting. If the dish is deemed to be unsafe by
Landlord, then Tenant agrees to make immediate remedial action.
(7) Tenant is liable for any injury or damage to persons or property caused by
Tenant's dish, and Tenant must maintain liability insurance covering any such injury
or damage, with limits directed by Landlord. Tenant shall install and operate Tenant's
dish at Tenant's own risk. Tenant must provide Landlord with proof of liability
insurance listing Corporation as certificate holder and Company as additional insured
prior to installing Tenant's dish. Tenant's insurance policy will be primary and Tenant
must provide a certificate of insurance to Landlord upon installation of the dish and
thereafter on each anniversary date of such installation.
(8) At the end of Tenant's tenancy, Tenant must have the dish removed and the
installation site restored to its prior condition.
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Additional Rules of Conduct
Each tenant is obligated to act in a manner which will give the other tenants a peaceful
living environment. Accordingly, all our residents must abide by these specific rules of
conduct. Any violation occurring in an apartment or anywhere else on the property of the
Apartment Project of any of these rules of conduct by a Tenant, any member of his
family, or any of his guests, invitees, employees, or anyone in his apartment, is a
violation of the Lease by the Tenant (and the Tenant is responsible for the conduct of all
of the aforesaid persons). This Lease violation is not dependent on any criminal charge
or finding of guilt in a criminal proceeding, but is instead to be treated as a civil matter of
breach of lease.
The following conduct is strictly prohibited:
1.
Physical Abuse. Committing physical abuse and/or battery of any person.
2.
Assault. Placing a person in fear of imminent physical danger or injury through
the use of verbal or physical threats.
3.
Drug/Alcohol Violation. The following are strictly prohibited: Possession or use
of alcohol by persons under 21; intoxication on the property; possession of illegal drugs
or controlled substances; manufacture or distribution of illegal drugs or controlled
substances.
4.
Weapon Violation. Use, possession, or storage of any firearms, ammunition,
knives or other weapons, or objects that could be construed as weapons. Items that pose
a potential hazard to the safety or health of others are also prohibited.
5.
False Alarm/Report. Initiating or causing to be initiated any false alarm/report,
warning, or threat of fire, explosion, or other emergency.
6.
Interfering with the Apartment Project Operations. Interfering with any of the
operations of the Apartment Project, including but not limited to, administration,
maintenance, fire, police or emergency services.
7.
Insanitary Conduct. Trashing or littering in any elevator or other common area of
the Apartment Project.
8.
Dishonesty. Dishonesty, including, but not limited to,
(1)
Furnishing false information to the Landlord, management company or
their personnel, or to any police officers or special police officers (whether
employed by the Apartment Project or not);
(2)
If in any way related to the Apartment Project, forgery, unauthorized
alternation or unauthorized use of any documents, records, or identification cards,
including computer records, misuse of computer facilities and electronic mailing
systems.
10.
Misuse of Fire Safety Equipment. Misuse of or damage to fire safety equipment,
such as fire extinguishers or exit signs.
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11.
Theft. Theft of property or of services or knowing possession of stolen property.
12.
Destruction of Property. Destroying or damaging the Apartment Project property,
or the property of others.
13.
Non-compliance. Failure to comply with reasonable directions of the Apartment
Project officials, including management company representatives, police, special police,
or security officers, acting in performance of their duties.
14.
Fireworks Violation. Use or possession of fireworks.
15.
Violation of Law. Violation of any federal and/or local law, including, but not
limited to, possession of any falsified identification; manufacture, sale or distribution of
local, state or federal identification.
16.
Disorderly Conduct. Acting in any manner to annoy, disturb, interfere with,
obstruct, or be offensive to others; shouting or making excessive noise either inside or
outside any premises or building to the annoyance or disturbance of others; verbally
abusing any personnel of the Apartment Project or other persons acting in performance of
their duties; or acting in a lewd or indecent manner.
17.
Discrimination. Committing any of the above acts or any acts proscribed in these
Rules and Regulations because of the person’s race, color, religion, sex, national origin,
age, disability, veteran status or sexual orientation.
18.
Unauthorized Entry. It is prohibited to enter, without express or implied
permission, onto the property of the Apartment Project or into any apartment, facility or
office; to refuse to vacate any such property, apartment, facility or office; to refuse to
cease any unauthorized activity; to refuse to produce identification after being requested
to do so by any personnel of the Apartment Project or by any police officer or special
police officer; or to remain without authorization in any facility after closing hours.
19.
Misuse of Identification. The owner of any identification card will be called upon
to account for fraudulent use of his or her identification card and will be subject to
eviction if he or she has aided such fraudulent use.
Tenant(s):
_____________________________________________________
_______________
Date
_____________________________________________________
_______________
Date
Landlord:
By:
By:
_______________________________________________
_______________
Date
General Manager
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DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS
TITLE 14 HOUSING
CHAPTER 1 ADMINISTRATION AND ENFORCEMENT
SECTION 101. CIVIL ENFORCEMENT POLICY
101.1 The maintenance of leased or rental habitations in violation of the provisions
of this subtitle, where those violations constitute a danger to the health, welfare, or safety of
the occupants, is declared to be a public nuisance.
101.2 The abatement of the public nuisances referred to in §101.1 by criminal
prosecution or by compulsory repair, condemnation, and demolition alone has been and
continues to be inadequate.
101.3 The public nuisances referred to in §101.1 additionally cause specific,
immediate, irreparable and continuing harm to the occupants of these habitations.
101.4 The public nuisances referred to in §101.1 damage the quality of life and the
mental development and well-being of the occupants, as well as their physical health and
personal property, and this harm cannot be fully compensated for by an action for damages,
recession or equitable set-off for the reduction in rental values of the premises.
101.5 It is the purpose of this section to declare expressly a public policy in favor of
speedy abatement of the public nuisances referred to in §101.1, if necessary, by preliminary
and permanent injunction issued by Courts of competent jurisdiction.
SECTION 106. NOTIFICATION OF TENANTS CONCERNING VIOLATIONS
106.1 After an inspection of a habitation, the Director shall provide the tenant of the
habitation a copy of any notification with respect to that habitation issued to the owner
pursuant to this subtitle.
106.2 the notification to the tenant shall state plainly and conspicuously that it is
only for the tenant's information; provided, that if the notice places duties on the tenant, it
shall state those duties.
106.3 In any instance where a violation of this subtitle directly involves more than
one habitation, the Director shall post a copy of any notification issued to the owner pursuant
to this chapter for a reasonable time in one or more locations within the building or buildings
in which the deficiency exists. The locations for posting the notification shall be reasonably
selected to give notice to all tenants affected.
106.4 No person shall alter, modify, destroy, or otherwise tamper with or mutilate a
notification posted under this section.
106.5 Any tenant directly affected by the violation(s) shall, upon request to the
Director, be sent a copy of the posted notification.
106.6 This section shall not be subject to any notice requirement of this subtitle.
CHAPTER 3 LANDLORD AND TENANT
SECTION 300. NOTICE TO TENANTS OF HOUSING CODE PROVISIONS
300.1 The owner of each habitation shall provide to each existing tenant, and shall
at the commencement of any tenancy provide to the tenant, a copy of the provisions of this
chapter and a copy of the following sections of chapter 1 of this subtitle:
(a)
Chapter 1, §101 (Civil Enforcement Policy)
(b)
Chapter 1, §106 (Notification of Tenants Concerning Violations)
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SECTION 301. IMPLIED WARRANTY AND OTHER REMEDIES
301.1 There shall be deemed to be included in the terms of any lease or rental
agreement covering a habitation an implied warranty that the owner will maintain the
premises in compliance with this subtitle.
301.2 The rights, remedies, and duties set forth in this chapter shall not be deemed
to be exclusive of one another unless expressly so declared or to preclude a court of law from
determining that practices, acts, lease provisions and other matters not specifically dealt with
in this chapter are contrary to public policy or are unconscionable or otherwise unlawful.
SECTION 302. VOIDING LEASE FOR VIOLATION OF REGULATIONS
302.1 The leasing of any habitation which, at the beginning of the tenancy, is unsafe
or unsanitary due to violations of this subtitle in that habitation or in the common space of the
premises (whether or not those violations are the subject of a notice issued under this subtitle)
of which the owner has knowledge or reasonably should have knowledge, shall render void
the lease or rental agreement for the habitation.
302.2 After the beginning of the tenancy, if the habitation becomes unsafe or
unsanitary due to violations of this subtitle in that habitation or in the common space of the
premises (whether or not the violations are the subject of a notice issued under this subtitle),
the lease or rental agreement for the habitation shall be rendered void if both of the following
apply:
(a)
The violations did not result from the intentional acts or negligence of the
tenant or his or her invitee; and
(b)
The violations are not corrected within the time allowed for correction under
a notice issued under this subtitle (or, if a notice has not been issued, within a reasonable time
after the owner has knowledge or reasonably should have knowledge of the violations).
SECTION 303. SIGNED COPIES OF AGREEMENTS AND APPLICATIONS
303.1 In each lease or rental of a habitation entered into after June 12, 1970, the
owner shall provide to the tenant upon execution (or within seven (7) days after execution) an
exact, legible, completed copy of any agreement or application which the tenant has signed.
303.2 This section shall not be subject to any notice requirement of this subtitle.
SECTION 304. PROHIBITED WAIVER CLAUSES IN LEASE AGREEMENTS
304.1 Any provision of any lease or agreement contrary to, or providing for a
waiver of the terms of this chapter, or §101 or §106 of chapter 1, shall be void and
unenforceable.
304.2 No person shall cause any of the provisions prohibited by this section to be
included in a lease or agreement respecting the use of the property in the District of
Columbia, or demand that any person sign a lease or agreement containing any such
provision.
304.3 No owner shall cause to be placed in a lease or rental agreement any
provision exempting the owner or premises from liability or limiting the liability of the owner
or the residential premises from damages for injuries to persons or property caused by or
resulting from the negligence of the owner (or the owner's agents, servants, or employees) in
the operation, care, or maintenance of the leased premises, or any facility upon or portion of
the property of which the leased premises are a part.
304.4 No owner shall place (or cause to be placed) in a lease or rental agreement a
provision waiving the right of a tenant of residential premises to a jury trial, or requiring that
the tenant pay the owner's court costs or legal fees, or authorizing a person other than the
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tenant to confess judgment against a tenant. This subsection shall not preclude a court from
assessing court or legal fees against a tenant in appropriate circumstances.
304.5 The provisions of this section shall not be subject to any notice requirement
of this subtitle.
SECTION 305. INSPECTION OF PREMISES AFTER BREACH OF WARRANTY
OR VOIDED LEASE
305.1 Following a judicial determination that the owner has breached the implied
warranty of habitability applying to the premises (under §301 of this chapter), or following a
judicial determination that a lease or rental agreement is void, the owner shall obtain a
certificate from the Director that the habitation is in compliance with this subtitle prior to the
next reletting of the habitation.
SECTION 306. WRITTEN RECEIPTS FOR PAYMENTS BY TENANT
306.1 In each lease or rental of a habitation, the owner shall provide written receipts
for all monies paid to him or her by the tenant as rent, security, or otherwise, unless the
payment is made by personal check.
306.2 Each receipt issued under this section shall state the following:
(a)
The exact amount received;
(b)
The date monies are received; and
(c)
The purpose of the payment.
306.3 Each receipt shall also state any amounts still due which are attributable to
late charges, court costs, or any other such charge in excess of rent.
306.4 If payment is made by personal check, and there is a balance still due which
is attributable to late charges, court costs, or any other such charge in excess of rent, the
owner shall provide a receipt stating the nature of the charges and the amount due.
306.5 The provisions of this section shall not be subject to any notice requirements
of this subtitle.
SECTION 307. PROHIBITION OF RETALIATORY ACTS AGAINST TENANTS
307.1 No action or proceeding to recover possession of a habitation may be brought
against a tenant, nor shall an owner otherwise cause a tenant to quit a habitation
involuntarily, in retaliation for any of the tenant's actions listed in §307.3.
307.2 No demand for an increase in rent from the tenant, nor decrease in the
services to which the tenant has been entitled, nor increase in the obligations of a tenant shall
be made in retaliation against a tenant for any of the tenant's actions listed in §307.3.
307.3 This section prohibits the taking of any of the actions set forth in this section
in retaliation against the tenant for any of the following actions by a tenant:
(a)
A good faith complaint or report concerning housing deficiencies
made to the owner or a governmental authority, directly by the tenant or through a tenant
organization;
(b)
The good faith organization of a tenant organization or membership in
a tenant organization;
(c)
The good faith assertion of rights under this subtitle, including rights
under §301 and §302 of this chapter, or §101 of chapter 1 of this subtitle.
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SECTION 308. SECURITY DEPOSITS
308.1 For purpose of this chapter, the term "security deposit" shall mean all monies
paid to the owner by the tenant as a deposit or other payment made as security for
performance of the tenant's obligations in a lease or rental of the property.
308.2 On or after February 20, 1976, any security deposit or other payment required
by an owner as security for performance of the tenant's obligations in a lease or rental of a
dwelling unit shall not exceed an amount equivalent to the first full month's rent charged that
tenant for the dwelling unit, and shall be charged only once by the owner to the tenant.
308.3 All monies paid to an owner by tenants for security deposits or other payment
made as security for performance of the tenant's obligations shall be deposited by the owner
in an interest bearing escrow account established and held in trust in a financial institution in
the District, insured by a federal or state agency, for the sole purposes of holding such
deposits or payments.
308.4 All monies held by an owner on February 20, 1976 for security deposits or
other payments covered by this section shall be paid into an escrow account within thirty (30)
days.
308.5 The owner of more than one residential building may establish one (1) escrow
account for holding security deposits or other payments by the tenants of those buildings.
308.6 For each security deposit or other payment covered by this section, the owner
shall clearly state in the lease or agreement or on the receipt for the deposit or other payment
the terms and conditions under which the payment was made.
308.7 The provisions of this section shall not be applicable to Federal or District of
Columbia agencies' dwelling units leased in the District of Columbia or to units for which
rents are Federally subsidized.
SECTION 309. REPAYMENT OF SECURITY DEPOSITS TO TENANTS
309.1 Within forty-five (45) days after the termination of the tenancy, the owner
shall do one of the following:
(a)
Tender payment to the tenant, without demand, of any security
deposit and any similar payment paid by the tenant as a condition of tenancy in addition to
the stipulated rent, and any interest due the tenant on that deposit or payment as provided in
§311; or
(b)
Notify the tenant in writing, to be delivered to the tenant personally or
by certified mail at the tenant's last known address, of the owner's intention to withhold and
apply the monies toward defraying the cost of expenses properly incurred under the terms
and conditions of the security deposit agreement.
309.2 The owner, within thirty (30) days after notification to the tenant pursuant to
the requirement of §309.1(b), shall tender a refund of the balance of the deposit or payment,
including interest, not used to defray such expenses, and at the same time give the tenant an
itemized statement of the repairs and other uses to which the monies were applied and the
cost of each repair or other use.
309.3 Failure by the owner to comply with §309.1 and §309.2 of this section shall
constitute prima facie evidence that the tenant is entitled to full return, including interest as
provided in §311, of any deposit or other payment made by the tenant as security for
performance of his or her obligations or as a condition of tenancy, in addition to the
stipulated rent.
309.4 Failure by the owner to serve the tenant personally or by certified mail, after
good faith effort to do so, shall not constitute a failure by the owner to comply with §309.1
and §309.2 of this section.
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SECTION 310. RETURN OF SECURITY DEPOSIT: INSPECTIONS OF PREMISES
310.1 In order to determine the amount of the security deposit or other payment to
be returned to tenant, the owner may inspect the dwelling unit within three (3) days,
excluding Saturdays, Sundays, and holidays, before or after termination of the tenancy.
310.2 The owner shall conduct the inspection, if the inspection is to be conducted,
at the time and place of which notice is given to the tenant.
310.3 The owner shall notify the tenant in writing of the time and date of the
inspection.
310.4 The notice of inspection shall be delivered to the tenant, or at the dwelling
unit in question, at least ten (10) days before the date of the intended inspection.
SECTION 311. INTEREST ON SECURITY DEPOSIT ESCROW ACCOUNTS
311.1 The interest in the escrow account described in §309 on all money paid by the
tenant prior to or during the tenancy as a security deposit, decorating fee, or similar deposit or
fee, shall commence on the date the money is actually paid by the tenant, or within thirty (30)
days after February 20, 1976, whichever is later, and shall accrue at the passbook rate, then
prevailing on January 1 and on July 1 for each six month period (or part thereof) of the
tenancy which follows those dates. On those dates, the passbook rate in the District of
Columbia financial institution in which the escrow account is held shall be used.
[Note: On and after March 17, 1993, the phrase "a rate not less than five percent
(5%) per annum simple interest" in the above Section 311.1 was deleted and the following
was inserted in its place:
"the passbook rate, then prevailing on January 1, and on
July 1 for each six month period (or part thereof) of the
tenancy which follows those dates. On those dates, the
passbook rate in the District of Columbia financial institution
in which the escrow account is held shall be used."]
311.2 Interest on an escrow account shall be due and payable by the owner to the
tenant upon termination of any tenancy of a duration of twelve (12) months or more, unless
an amount is deducted under procedures set forth in §309.
311.3 Except in cases where no interest is paid to the tenant as provided in §311.2,
no interest or other consideration shall inure to the benefit of the owner by reason of the
owner's control over the escrow account nor shall said account be assigned or used as
security for loans.
311.4 It is the intent of this section that the account referred to in this section and
§309 shall be used solely for the purpose of securing the lessees' performance under the lease.
311.5 This section and §309 and §310 shall not be subject to the notice
requirements of any other section of this subtitle.
311.6 The housing provider shall post in the lobby of the building and rental office
at the end of each calendar year, the following information: where the tenants' security
deposits are held and what the prevailing rate was for each six month period over the past
year. At the end of a tenant's tenancy, the housing provider shall list for the tenant the
interest rate for each six month period during the tenancy.
311.7 Prior to the acceptance of a nonrefundable application fee or security deposit,
the owner of the habitation shall provide written notice of any requests that are pending for
an adjustment in the rent ceiling of the habitation, as the adjustments are specifically
enumerated in Section 207 of the Rental Housing Act of 1985 (D.C. Law 6-10; D.C. Code
§45-2517).
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311.8 The notification shall include the current rent ceiling, the new rent ceiling
requested in the petition, the petition filing date and petition number, and the nature of any
repairs or rehabilitation planned in the dwelling unit as part of the petition.
311.9 A violation of this section [Section 311.7 and 311.8] shall be a Class 2 civil
infraction pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil
Infractions Act of 1985. Adjudication of any infraction of this article shall be pursuant to
titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of
1985.
SECTION 399. DEFINITIONS
399.1 The provisions of §199 of chapter 1 of this title and the definitions set forth in
that section shall be applicable to this chapter.
The following sections were added by the Unitary Rent Ceiling Adjustment
Amendment Act of 1992, D.C. Law 9-191:
"Sec. 3. Article 290 of the Housing Regulations of the District of Columbia, effective
August 11, 1955 (C.O. 55-1503; 14 DCMR Chapter 3), is amended by adding new
subsections 2908.6 and 2908.7 to read as follows:
"2908.6 Any housing provider violating the provisions of these rules by
failing to return a security deposit rightfully owed to a tenant in accordance with the
requirements of this article shall be liable for the amount of the deposit withheld, or in the
event of bad faith, for treble that amount."
"2908.7 For the purposes of subsection 2908.6, the term "bad faith" means
any frivolous or unfounded refusal to return a security deposit, as required by law, that is
motivated by a fraudulent, deceptive, misleading, dishonest, or unreasonably self-serving
purpose and not by simple negligence, bad judgment, or any honest belief in the course of
action taken."
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