LEASE AGREEMENT
Transcription
LEASE AGREEMENT
UNIT / RESIDENT ID / - / / LEASE AGREEMENT THIS LEASE AGREEMENT is made at Cincinnati, Ohio as of the date specified in the Lease Terms section, by and between Uptown Rental Properties, LLC ("we" or "us"), as the agent for the owner(s) of the property described at the end of this Lease (the "Property"), and the individual(s) identified at the end of this Lease as the resident(s) of the Property ("you"). ADDRESS 1. Term. In consideration of the provisions of this Lease, we lease to you the Property for the term and with the commencement date set forth at the end of this Lease. If there is more than one resident signing this Lease, you will each be jointly and severally responsible for all obligations under this Lease. If we are able to give you possession of the Property before the first day of the term of this Lease, you shall pay rent equal to one-thirtieth (1/30th) of a monthly installment, multiplied by the number of days to the first day of the term. If we cannot have the Property available to you by the first day of the term of this Lease for any reason, we are not liable to you for damages, however, prorated rent is not due until the Property is available to you. Failure of the lessees to take possession of the premises does not relieve them of their obligations under this Lease. 2. Rent. You agree to pay to us as rent for each month of the term, the amount described at the end of this Lease, payable in advance on the first day of each month of the term, without any deductions for any reason other than as we may agree in writing. If the rent is not paid in full for whatever reason on or before the third (3rd) day of any month, or if payment is returned as a result of insufficient funds or other reason, you agree to pay us, in addition to the rent, a Late Payment Charge or Returned Check Charge, as set forth at the end of this Lease. Our acceptance of partial rent shall not be a waiver of any rights of ours as a result of your default or our right to collect this late payment charge. We have no obligation to accept rent late or in any amount less than the full amount provided in this Lease. 3. Security Deposit. You are depositing with us the amount described at the end of this Lease as a security deposit which is security for the faithful performance of this Lease. The security deposit shall serve as a fund from which we may reimburse ourselves to compensate for unpaid rent or fees, unreasonable wear and tear on your part, cleaning the apartment, key or lock replacement if you fail to return keys in your possession, and/or any other amounts due and owing, or which may become due and owing after the end of the term or under other sections of this Lease. The security deposit may not be used as rent. Carpets must be professionally cleaned and a receipt presented upon move out. If you prefer that we have it done, the charge will be deducted from your security deposit. A written accounting of any charges against the deposit, along with any refund due, will be split evenly amongst all lessees and sent within 30 days of move out, via US Mail, to the forwarding address provided by you. If a forwarding address is not provided, the security deposit refund will be mailed to the address on this Lease, to be forwarded by the US Postal Service. If for any reason the refund check is not received, a $40 stop payment charge will be deducted from the reissued security deposit check. Any balance due shall be paid promptly. In the event of failure to pay as agreed herein, the landlord, at his sole discretion, may report the same to such credit reporting agencies as he deems appropriate. We reserve the right to add two (2%) to any balance owed after move out to recover collection costs. A minimum thirty (30) days written notice must be given by us or by you, prior to the end of the term of this agreement, to terminate the lease without penalty. In the event that you fail to give us a minimum thirty (30) days written notice from the first of the month that you will be vacating the Property, the Security Deposit will be applied to liquidated damages incurred due the thirty (30) day notice requirement. The lease term must end on the last day of the month. Resident Initials: 4. Termination. If you vacate the Property prior to the end of the term, or do not take possession of the unit, you agree to pay a termination fee equal to one month of rent. Additionally, you agree to pay the turnover costs (including, but not limited to, the costs of painting the interior of the Property, general cleaning the Property, shampooing the carpet and advertising costs relating to the reletting of the Property), the full monthly installment of rent payable for the last month during any part of which you occupied the Property, and the rent for the remainder of the term, together with all utility costs, except for any rent or utility costs we may recover by rerenting the Property. 5. Tenant's Responsibilities. You shall keep the Property safe and sanitary; dispose of all rubbish, garbage and other waste in a clean, safe and sanitary manner; use and operate all electrical and plumbing fixtures properly; comply with the requirements imposed on tenants by all applicable state and local housing, health and safety codes; maintain in good working order and condition any appliance supplied by us; conduct yourself and require other persons on the Property with your permission to conduct themselves in a manner that will not disturb your neighbor's peaceful enjoyment of their premises; and conduct yourself and require persons in your household and persons on the Property with your permission to conduct themselves so as not to violate the prohibitions contained in Chapters 2925 and 3719 of the Ohio Revised Code, or municipal ordinances that are substantially similar to any section in either of those Chapters, which relate to controlled substances. You acknowledge that the Property is in good repair and condition and that you shall deliver up and surrender the Property to us in the same order and repair as at the commencement of this Lease, normal wear and tear excepted. You agree to comply with all laws and ordinances, and insurance regulations. You will promptly notify us of any needed repairs to the Property, which are not your responsibility under this Lease. You agree to notify Landlord immediately of any indication of bedbugs or other pests in your apartment, and to cooperate with all activity in connection with the abatement thereof. This cooperation may include but not be limited to, moving furniture, clothing, or other personal items and removing carpets or rugs. Should you fail to notify us, or fail to comply with abatement procedures, you agree to be responsible for any and all costs and damages arising out of such occurrence. This liability extends to all costs, expenses or damages incurred by the Landlord in your apartment as well as other portions of the same building if said costs expenses or damages can be connected to bugs or pests in your apartment. In addition to the foregoing, you agree to comply with the rules and regulations delivered to you by us from time to time. 6. Use and Occupancy. The Property shall be used and occupied for residential purposes only in a safe, careful and proper manner by you. Occupancy may not exceed these limits at any time: Studio/1 Bedroom – 15 people, 2 Bedrooms – 27 people, 3 Bedrooms – 33 people, 4 Bedroom – 36 people, 5 Bedrooms – 40 people. No trade, business or occupation shall be carried on therein, and the Property or any part thereof shall not be sublet, underlet, nor this Lease assigned, in whole or in part, without our prior written consent. Such consent requires the sublet or new lessee, as applicable, to be approved for residency by us and a sublet form or roommate release form, as applicable, be completed and signed by all parties to this Lease. You shall not use or be permitted to use the Property for any unlawful purpose; nor shall you use the Property or any part hereof for any purpose or act in any way that will, in our judgment, injure the reputation of the Property or disturb or annoy other residents of the building in which the Property is located or the neighborhood. No dog, cat or other pet shall be kept or harbored on the Property without our prior written consent. Snakes and rodents are not permitted. Such a violation may be grounds for immediate termination of this Lease agreement and/or applicable pet fees charged to your account dating back to the commencement of this Lease. You agree that you will use and occupy the Property as a dwelling for, and give keys for the Property to, only those individuals who sign this Lease, but the fact that you may want to use it for more than those people will not give you any right to terminate this Lease. Any adult occupying the unit must be approved for residency by us and made a party to this Lease. No personal belongings may be stored or kept in any common areas of the property including the basement, laundry room or hallways. We reserve the right to dispose of any personal belongings left in common areas at any time. “Junk cars” are not permitted on the property. Resident Initials: 7. Inspections, Alterations and Showing of Property. You agree that we may retain a passkey and at anytime reasonable enter the Property to inspect it and make any repairs which we desire or are required to do under this Lease. You may not at any time change locks or do anything to hinder our right of entry. You may paint the Property and make alterations and additions only with our prior written consent. We may at reasonable times show the Property to prospective residents or purchasers. 8. Utilities. You shall obtain and pay for all utilities to the Property indicated by check marks: Electric X , Gas X (as applies), Heat , Water 9. Remedies. If the rent is late or unpaid at any time, or if we discover that you have made any false statements in connection with this Lease, or you vacate the Property prior to the expiration of the term of this Lease, or if any of the other terms, covenants or conditions of this Lease are violated, we may, at any time, exercise any or all of our remedies at law (including without limitation those under Section 5321.03 of the Ohio Revised Code), enter and take possession of the Property with or without terminating this Lease, sue for and recover all of the rent earned to the date of such entry, and relet the Property for the remainder of the term at the best rent we can obtain for your account. You shall be jointly and severally liable for any deficiency or for the full amount of the rent for the remainder of the term in the event we are unable to relet the Property for the remainder of the said term. Every demand for performance hereunder shall have the same effect in law as if made at the time that such performance was due. The remedies provided to us anywhere in this Lease shall be cumulative and in addition to and do not limit or supersede any remedy at law or at equity otherwise available to us. 10. Responsibility for Damage, Destruction and Property. We are not responsible for damages, destruction or losses to persons or property by any cause, including, but not limited to, the breaking of a pipe, damage caused by the elements, damage caused by malfunctioning of any heating, electrical or laundry equipment, mold, or any cause whether similar or dissimilar to the foregoing beyond our reasonable control, and you hereby release us from all such liability. You are responsible for obtaining property damage and theft insurance for your personal property. Any temporary interruption from any cause in any of the services provided by us or any third party shall not be an eviction of you nor shall you have any right to damages or an abatement of rent as a result. Landlord shall not be held responsible for any injury or damage you might incur by reason of any pest infiltration, including but not limited to bedbug infiltration, whether the same originates in your apartment or in a portion of the building other than your apartment. If the Property is damaged or destroyed, partially or totally, we may, at our sole discretion, terminate this Lease. 11. Brokers Commissions. You agree to indemnify us and hold us harmless from any real estate commissions or finder's fees that may be due to anyone arising out of this transaction. 12. Non-waiver. The receipt by us of any rent or any other sum of money or any other consideration paid by you after the termination of this Lease, after the giving by us of any termination notice or after the initiation of any legal proceedings by us against you, shall not reinstate, continue or extend this Lease or in any manner affect any other rights which we may have either in law or in equity as a result of default by you. Our failure to require performance of any promise you make under this Lease at any time will not be deemed a waiver of our right to require such performance thereafter. 13. Notices and Place of Rent Payment. All notices and payment of rent to us from you shall be delivered to us at the address which we give you from time to time, which is initially 260 E. University Cincinnati, OH 45219. 14. Miscellaneous. This Lease shall be binding upon and shall inure to the benefit of you and us and our respective heirs, legal representatives, successors and assigns. No alteration of the terms or conditions of this Lease or oral agreements shall be valid unless in writing hereon and initialed by all affected parties. Resident Initials: 15. Key pick-up/drop-off times. Keys may be picked up after 2 PM on the date this Lease commences during regular business hours. Upon move out, keys must be returned by MIDNIGHT on date of lease termination. Prorated rent plus $100.00/day will be assessed for each hold over day. Any exceptions must be approved in writing by management. 16. Transfers. All transfers must be approved by management. In order to be considered, any balance due at the currently occupied apartment must be paid in full. Security deposit will not transfer, but will be refunded per the conditions outlined in this Lease. Any balance due must be repaid within 30 days of transfer or it will be applied to new account. Keys must be returned within 3 days of transfer or as designated by management. Resident Initials: IN WITNESS WHEREOF the parties hereto have set their hands and acknowledge the following information… PROPERTY ADDRESS SECURITY DEPOSIT Address Total Deposit $ Unit # Paid Today $ City, State, Zip Cincinnati, Ohio 452 Total Due By LEASE TERM / / Transfer From Ends / / Resident ID LEASE CHARGES LATE FEES $ Utility Charge $ Liability Insurance $ Pet Fee $ Parking $ Total Monthly Rent $ Late Fee A 10% late fee will be assessed after the 3rd day of each month on any outstanding balance. Returned Check Charge A returned check charge of $40.00 will be assessed for each returned payment. LEASE AMMENDMENTS: Resident Initials: , , , Approving Manager: RESIDENT(S): Resident Signature Printed Name Date Resident Signature Printed Name Date Resident Signature Printed Name Date Resident Signature Printed Name Date UPTOWN RENTAL PROPERTIES, LLC: Manager Signature / TRANSFER INFORMATION Starts Base Rent / Date PARKING POLICY All parking is reserved and sold on a first come first served basis. Parking cannot be held without full payment. Cost/Space: Single Space $ Tandem Space $ Garage $ Per Year Carport $ Per Month Property Parking Policy: I am not paying for parking today. I understand a parking space is not being held for me. I have paid $ today to reserve a . I am renewing my parking space. I understand my parking payment is due by . ……………………………………………………………………………………………………………………………… I am not paying for parking today. I understand a parking space is not being held for me. I have paid $ today to reserve a . I am renewing my parking space. I understand my parking payment is due by . ……………………………………………………………………………………………………………………………… I am not paying for parking today. I understand a parking space is not being held for me. I have paid $ today to reserve a . I am renewing my parking space. I understand my parking payment is due by . ……………………………………………………………………………………………………………………………… I am not paying for parking today. I understand a parking space is not being held for me. I have paid $ today to reserve a . I am renewing my parking space. I understand my parking payment is due by . UNIT ASSIGNMENT I/we are signing for a specific unit and will be guaranteed this apartment today. I/we are signing for a specific unit and availability can be guaranteed within two business days. I/we are signing for a unit type and understand I/we may not have a specific unit until May 31st. My/our unit requests are outlined below. Floor Level: LL Floor Type: Unit Shown: Resident Initials: 1st 2nd Hardwood Other Requests: 3rd 4th Carpet 5th 6th Mixed 7th PET POLICY Cats permitted ($25/month/cat) Dogs permitted ($35/month/dog) 1. All dogs must be under 40lbs at their full size. Restricted dog breeds include: Pit Bulls and Rottweiler s. 2. Snakes and rodents are not permitted. 3. All other pets must be approved by management. 4. Any pet violation may be grounds for immediate termination of this Lease agreement and/or applicable pet fees to be charged to your account dating back to the commencement of this Lease. 5. Noise complaints regarding pets are considered the same as any other noise complaint. Failure to remedy may result in fines and/or requirement to remove the pet. Resident Initials: INSURANCE DEMOGRAPHIC INFORMATION Are you a current student? No Yes - Undergraduate Yes - Graduate UC Other: CCU If yes: Which University do you attend? XU Cincinnati State What is your expected graduation year? What is your major? You can save 20% over Time Warner Cable when you bundle Phone, TV, and Internet with Cincinnati Bell The information you provide is confidential, and will only be used to contact you to provide further information on Cincinnati Bell bundle packages. First Name Last Name New Address City Apt State Email Address Phone Number Move In Date Zip RULES AND REGULATIONS 1. Each resident signing the lease is jointly and severally responsible for all obligations under the lease. The unit is rented as a whole, not per occupant. No one can be released from such obligation without the written consent of all parties to the lease. 2. Rent is due on the first of the month and considered late after the third of the month. Though rent may be paid in portions by the lessees, each unit has one account. Rent payments should be made payable to the owning entity. Uptown Rental Properties, LLC acts as the property management company, but is not the owner. A late charge of 10% of the total outstanding balance due may be charged to the account any time after the third of the month. We do not accept cash payments. 3. The security deposit is held through the end of the lease term. The lease term must end at the end of the month. A written notice is required, a minimum of 30 days prior to end of the term. Security deposit is refunded within 30 days of move out, less any damages and/or balance due, to the forwarding address provided by you. Security deposit is refunded in equal amounts to all lessees. If a forwarding address is not provided, the security deposit refund will be mailed to the address on this Lease, to be forwarded by the US Postal Service. If for any reason the refund check is not received, a $40 stop payment charge will be deducted from the reissued security deposit check. 4. A termination fee equal to one month’s rent will be charged for terminating a lease prior to the end of the term, failing to give a minimum of 30 days written notice, or failing to take occupancy. In addition, rent and utilities are due until the unit is rerented, or the lease term expires. 5. You agree to notify us immediately of any indication of bed bugs or other pests, and to comply with the protocols outlined to abate them. These protocols include purchase of designated mattress covers, preparation of furniture and your personal belongings. The cost to professionally exterminate the unit will be covered by us. These costs will be charged back to you, and you will be required to vacate, if you refuse to comply with treatment. 6. The unit, nor any part thereof, may be sublet or relet without our approval and the written consent of all parties to this Lease. Additionally, no one can be released from obligation under this Lease, without our approval and the written consent of all parties to this Lease. All adults occupying the unit must be approved by us and made a party to this Lease. 7. No change or addition of locks is permitted. Keys or other means of access may not be given to individuals who are not party to this Lease. Charges for lockouts during regular business hours are $50.00. After hours and weekend lockouts are $100.00. Replacement building/unit keys can be purchased at the office during regular business hours for $5.00/set. Replacement of lost mailbox keys requires full lock set replacement. This is charged at $45.00. 8. You are responsible for: a. Plunging your toilet b. Changing the batteries in your smoke detector c. Changing the batteries in your garage door opener d. Changing the light bulbs inside your apartment e. Disposing of trash in the dumpster or cans provided outside the building f. Mowing the lawn - single family homes only Non-compliance may result in fines and/or service charges. Resident Initials: 9. Smoking is prohibited in all shared interior common areas and within 10 feet of any entrance to the property. 10. Parking is reserved for residents only. A valid parking permit is required. Vehicles without a properly displayed permit or those parked in the wrong space will be towed at owner’s expense. Uptown Rental Properties does not profit from towing. 11. No “junk cars” are permitted to be parked on the property. “Junk cars” may be defined as those with expired registration, flat tires, broken windows, leaking oil and/or other major problems. We reserve the right to tow “junk cars” regardless of parking permit. 12. All applicable utilities must be transferred into your name effective as of the date of key pick up. Non-transferred utilities will be disconnected within 10 days of move in. a. Gas and/or electric service: Duke Energy 513-421-9500 b. Water service (single family homes only): Cincinnati Water Works 513-591-7700 13. Keys may be picked up after 2:00pm on the scheduled date of move in. Resident Initials: UPTOWN RENTAL PROPERTIES LEASE ADDENDUMS MONTH-TO-MONTH LEASING: A minimum thirty (30) days written notice, prior to the end of the term of this agreement, is required to terminate the lease without penalty. Foregoing such notice, or if you remain in possession of the property, or any part of the property, after expiration or termination of the lease, a month-to-month tenancy shall exist, requiring thirty (30) days written notice. In the event that you fail to give us thirty (30) days written notice from thefirst of the month that you will be vacating the Property, the Security Deposit will be applied to liquidated damages. This Lease term must end on the last day of the month. LEAD BASED PAINT DISCLOSURE: ADDITIONAL SIGNATURE PAGE REQUIRED - Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. RESERVED LEASING: This Lease ends as of (date) . Month to month tenancy is not an option at the end of the term. Lease renewal may be offered at our discretion and must be for the term designated by us. UNIT REQUESTS: You acknowledge that no two apartments are completely identical. There may be variations in, but not limited to, cabinetry, carpet, tile, and/or general fixtures. This is a reserved lease for a unit type within a specific property, not a specific unit number. Every attempt will be made to honor requests for particular units, but cannot be guaranteed. Your unit assignment is subject to change at management discretion, until May 31st when final assignments are determined. You will be contacted for a follow up showing of your assigned unit as soon as it is finalized. Inability to grant a request or requests does not release you from obligation under this Lease. LIABILITY INSURANCE: ADDITIONAL SIGNATURE PAGE REQUIRED - Liability insurance coverage of $100,000 is required for each unit. This provides protection for financial responsibility if a resident originates and causes damages or losses to the community or building. You may obtain this coverage through a program (RLL) provided through us, or obtain coverage through your own insurance provider. You will need to present the Declarations page of your policy to verify coverage. Should your coverage expire, you will be automatically enrolled in the RLL program at a charge of $10/ month until proof of coverage is provided. Liability insurance does not cover property damage and theft insurance for your personal property. 48 HOUR RENEWAL NOTICE: All apartments are considered available for rent until a renewal lease has been signed. When a new security deposit has been placed for your specific unit or unit type, you will be given 48 hours to make a renewal decision. This 48 hour notice will be given via phone call and email to the contact information on file. Failure to respond within 48 hours will result in the re-renting of your apartment. TRANSFER: Unit will be held with full deposit. Lease will not be executed until transfer application is approved. Should application not be approved the deposit will be refunded. Transfer approval will be complete within 14 days. A $300.00 early transfer fee may apply. LEASE RENEWAL/NEW LESSEE: Any new lessee replacing a current lease holder must pay his/her portion of the security deposit to Us at the time of signing this Lease. We will refund that portion of security deposit to the original lessee within 30 days of move out. WAIVE TURNOVER: The unit, nor any part thereof, will be turned over prior to the commencement of this Lease. You acknowledge that the Property is in good repair and accept the condition as is. Resident Initials: