Lease Agreement
This lease (hereinafter referred to as the Lease) is made this day of ,2007 by and between SLOAN-JACKSON, INC. (hereinafter referred to as the Landlord) and (hereinafter referred to as the Tenant.). The terms of this Lease shall bind both the Landlord and the Tenant, jointly and severally.
I. PREMISES LEASED. The Landlord, in consideration of the rent to be paid, and covenants and agreements to be performed by the Tenant, does hereby lease the following premises located at: (hereinafter referred to as the Premises). The Premises includes the following personal property owned by the Landlord: Stove, Refrigerator, Carpets, Fixtures & Blinds.
II. LEASE TERM. The Tenant agrees to occupy said Premises for an original term commencing and ending . The Lease shall automatically renew on a month to month basis unless notice is given as stated in paragraph VII.
III. RENT. The Tenant agrees to pay as rent for said premises; the total of $ at the rate of $ per month to be paid in advance of the first day of each month during the term. All payments shall be made by check or money order at 2238 Briarhurst Ln. Columbus, OH 43220 or by credit/debit card via www.WeRentColumbus.com. Cash is not accepted. In the event that tenant shall occupy the premises prior to the beginning of the term, a pro-rated amount of $ dollars shall be payable in advance for the period of to . The monthly rent amount is guaranteed for 24 months.
Rent is due on or before the first day of each month (the due date).
RENT UNPAID 5 DAYS AFTER THE DUE DATE IS DELINQUENT AND WILL AUTHORIZE ALL REMEDIES IN THE LEASE. If all rent is not received on or before the 5th day of the month, the Tenant agrees to pay an initial late charge of $20.00 plus a late charge of $2.00 per day after the 7th day of the month if rent remains unpaid. All funds received shall be applied to: dishonored check charges; late charges; damage charges; delinquent rent; and current rent, in that order.
If payment is made by check that is returned, the Tenant agrees to pay a charge of $ 20.00 in addition to the initial and daily late charges, if applicable. The Landlord may, at any time, require that all rent and other sums be paid by either certified/cashier’s check or money order. The Tenant agrees further that acceptance and/or refusal by the Landlord of the rent payment after the due date shall in no manner constitute a waiver of the Landlord’s rights in the event of the Tenant’s failure to make rental payments as herein prescribed and agreed, nor shall it be considered as a change in the date upon which the Tenant is to pay said rent. Failure to demand the rent when due shall not constitute a waiver by the Landlord, and the necessity of demand for the rent by the Landlord when the rent is overdue, is hereby waived.
The Landlord agrees to notify the Tenant, in writing, at least thirty (30) days prior to the expiration of the Lease, or any renewal thereof, of any increase in the rent charged for occupancy of the Premises.
IV. OCCUPANCY. The Tenant agrees that only those persons listed below shall occupy the Premises:
and No other persons, regardless of age, may occupy the premises.
No person shall be released from the covenants of the Lease without first obtaining the written agreement of the other tenants and/or cosigners Set forth herein and written approval of changes from the Landlord. If such changes are agreed upon, all parties herein agree to make the necessary changes to the Lease before changes are valid.
The Tenant agrees that the Premises are to be occupied for residential purposes only. The Premises shall not be used or allowed to be used for any business purpose or unlawful purpose or for any purpose deemed hazardous by the Landlord because of fire or any other risk or in any other manner which would disturb the peaceful, quiet enjoyment of any other occupant of the apartment community of which the Premises are a part. The Landlord reserves the right of eviction for the illegal manufacture, distribution, use or other illegal activities in connection with controlled substances. A criminal conviction shall not be necessary before the Landlord can institute an eviction action.
V. SECURITY DEPOSIT. The tenant agrees to deposit with the Landlord the sum of $ as security for his or her faithful performance under the Lease and by law. The Tenant agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last month of occupancy. The Landlord, at the expiration of the Lease or hold-over tenancy, may apply the security deposit for past due rent, fees, utilities, and/or for the cost of repairing damages beyond reasonable wear and tear to the Premises caused by the Tenant, his/her guests, family or invitees. Also, abandonment or vacating of the Premises by the Tenant before the end of the term shall result in the Landlord deducting damages he has incurred from the security deposit. The Landlord shall attempt to mitigate any damages as a result of abandonment. Each of the aforementioned tenants shall be jointly and severally responsible for all losses incurred by the Landlord occasioned by the tenancy.
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The Tenant agrees to provide the Landlord, in writing, a forwarding address upon vacating the Premises. The Landlord agrees to return to the Tenant the security deposit, or whatever part has not been applied in payment of any tenant obligations under the Lease, within thirty (30) days after the expiration or any renewal of the Lease and delivery of possession of the Premises to the Landlord, whichever is last to occur. Any deductions from the security deposit shall be itemized and identified in writing by the Landlord during this same time period. This provision does not waive rights of the Landlord to seek damages in excess of the security deposit. The Tenant agrees to reimburse the Landlord for any rent, fees, utilities due and/or damages exceeding the security deposit.
VI. KEYS. The Tenant will be provided at least one key per apartment lock and a mailbox key (unless the Post Office owns and manages the mailboxes. Copies may be made by the resident. There will be a $45.00 re-keying charge for any locks for which a key is not returned.
VII. MOVE OUT NOTICE AND RENEWAL. Unless another Lease is signed by the parties hereto or unless written notice of termination is given by one party to the other at least thirty (30) days before expiration of the Lease, the Lease shall be automatically renewed on a month to month basis. At least thirty (30) days prior to renewal due date, written notice of intent to move out must be given to the Landlord or the Landlord’s agent. The Tenant’s move-out notice may not terminate the Lease sooner than the end of the Lease term or renewal period. During occupancy on a month to month basis, Tenant’s move-out notice may be given at any time. If the vacate date falls on other than the last day of a month, a pro-rated amount shall be due for the partial period of the following month. Verbal notice is not sufficient.
Resident is responsible for rent for the period of 30 days following this written notice.
VIII. UTILITIES. The Landlord shall pay for (if checked): electricity, gas, water, sewage and storm water, trash disposal, cable TV. The Tenant agrees to pay for all other utilities, related deposits and charges on the Tenant’s utility bills. The Tenant shall not allow utilities, other than cable TV, to be disconnected by any means (including non-payment of bill) until the end of the Lease term or renewal period. If the apartment is submetered, the Landlord shall attach an addendum to the Lease in compliance with any necessary public authority. The Tenant agrees to reimburse the Landlord for any utility bills paid by the Landlord during the Tenant’s responsibility to the Lease. Utilities shall be used only for normal household purposes and not wasted. Disconnection of the electric or gas service due to non-payment by the Tenant for more than five (5) days shall be considered material non-compliance under paragraph XVII.
IX. PETS. There shall be no dogs, cats, or pets of any kind permitted in, on, or about the Premises, or adjoining common areas (even temporarily), unless a written addendum with the Landlord consent is added to the Lease which provides otherwise. If a pet has been in the apartment at any time during the tenant’s term of occupancy (with or without the Landlord’s consent), a charge may be made for defleaing, deodorizing, and/or shampooing, and/or damages occasioned by the pet.
X. INSURANCE. Tenant will be responsible for insuring all the Tenant’s personal property within the Premises.
XI. USE AND ASSIGNMENT/SUBLETTING. The Tenant agrees that the Premises shall be used only as a dwelling unit and for no other purpose; nor shall Premises or any part thereof be sublet or assigned, nor shall the number or name of occupants be increased or changed, without written consent of the Landlord.
XII.TENANT’S DUTIES: The Tenant shall: A. 1) Keep the Premises that he/she occupies, and it's exterior, clean, safe and sanitary, properly and promptly disposing of all rubbish, garbage and other waste. 2) Not set trash outside. If tenant's living conditions have promoted or caused pest infestation, tenant is responsible to pay for treatment of the entire building; B. Use and operate all electrical and plumbing fixtures, appliances and any other personal property owned by the landlord properly; C. Comply with the requirements on Tenants by all applicable state and local housing, health and safety codes; D. Conduct him/herself - and require other persons on Premises with his consent to conduct themselves - in a manner that will not disturb his neighbors “peaceful enjoyment” of the Premises; E. Conduct himself, and require persons in his household and persons on the Premises with his consent to conduct themselves, in connection with the Premises so as not to violate the prohibitions contained in Chapters, 2925. and 3719. of the Revised Code, or in municipal ordinances that are substantially similar to any section in either of those chapters, which relate to controlled substances; F. Tenant shall regularly test all smoke detectors, supply electric current thereto (Battery or electric current if required by lease), and notify Landlord in writing of any mechanical failure, need for repair, or replacement. G. 1) Not park commercial vehicles, trailers, recreational vehicles, wrecked vehicles, vehicles with expired plates or vehicles leaking fluids on the property. 2) Not drive or park any vehicle on grass or sidewalk. 4) Pay immediately for any damage caused by his or his guest's vehicle. Vehicles may be towed without notice and at the expense of the vehicle owner. H. Not install or use a Satellite Dish without written permission from Management.
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XIII. LANDLORD’S DUTIES: The Landlord shall: A. Comply with the requirements of all applicable building, housing, health and safety codes that materially affect health and safety; B. Make all repairs and do whatever is reasonably necessary to put and keep the Premises in a fit and habitable condition; C. Keep all common areas of the Premises in a safe and sanitary condition; D. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning fixtures and appliances, and elevators, supplied, or required to be supplied by the Landlord; E. When he/she is a party to any rental agreements that cover four or more dwelling units in the same structure, provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling Unit and arrange for their removal; F. Supply running water, reasonable amounts of hot water and reasonable amounts of heat at all times, except where the building that includes the Premises is not required by law to be equipped for that purpose, or the Premises is so constructed that the heat or the hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct utility connection; G. Except in the case of emergency, or if it is impractical to do so, give the Tenant at least twenty-four (24) hours notice of his intent to enter and enter only at reasonable times; H. Not abuse the right of access as described in this Lease; I. Landlord shall furnish and repair smoke detectors as required by law.
XIV.CONDITIONS OF PREMISES, ALTERATIONS AND DAMAGES . Tenant has inspected the apartment, agrees that it is in satisfactory condition and without pests, and accepts the Premises AS IS , except for conditions materially affecting health or safety of ordinary persons, and the Landlord makes no implied warranties. The landlord offers an online Inventory and Condition form to report existing defects or damages that the resident shall not be held responsible for, provided the form is submitted within 10 days after move-in. A paper copy will be provided if accessing the internet is not possible. The Tenant shall use customary diligence in care of the apartment and common areas. Whenever damage is caused by the Tenants, the Tenant’s guests, or occupants due to carelessness, misuse, neglect, or failure to notify the Landlord of any need for repairs, the Tenant agrees to pay (1) the cost of all repairs and do so within thirty (30) days after receipt of the Landlord’s demand for the repair charges; and (2) rent for the period the unit is damaged whether or not the unit is habitable. The Tenant may not perform any repairs, painting, wallpapering, carpeting, electrical changes, or other alterations to the Landlord’s property except as authorized by the Landlord in writing. No holes or stickers are allowed inside or outside the apartment; however, a reasonable number of small nail holes for picture hanging are permitted. No water furniture, antennas, additional phone or ‘FV cable outlets, alarm systems, or lock changes, additions, or rekeying shall be permitted except by the Landlord’s prior written consent. The Tenant shall not disable, disconnect, alter or remove the Landlord’s property, including security devices, alarm systems, smoke detectors, appliances, furniture, screens. When the Tenant moves in, the Landlord shall furnish light bulbs for fixtures furnished by the Landlord; thereafter, light bulbs of the same wattage shall be replaced at the Tenant’s expense. When moving out, the Tenant shall surrender the Premises in the same condition as when received, reasonable wear excepted. The landlord is not required to rebuild or restore the premises if said premises became uninhabitable by reason of fire or other casualty caused by the negligence of the Tenants, Tenants’ guests, or occupants.
XV. WHEN THE LANDLORD MAY ENTER. The Landlord or the Landlord’s representatives may peacefully enter the Premises during reasonable times for the purpose of repairs, estimating repair or refurbishing costs; pest control; preventive maintenance; filter changes; testing or replacing smoke detectors; retrieving unreturned tools or appliances; preventing waste of utilities; installing, reconnecting, or replacing appliances, furniture, equipment, security devices or alarm systems; removing or rekeying unauthorized security devices or unauthorized alarm systems; removing health or safety hazards (including hazardous materials); inspections when imminent danger to person or property is reasonably suspected; entry by a law enforcement officer with search warrant or arrest warrant; showing apartment to prospective tenants (after vacating notice has been given); or insurance agents; or other valid business purposes, provided the Tenant or the Tenant’s guests are present. If no one is in the Premises, and request has been made for repair and/or entry by the Tenant, the Landlord or the Landlord’s agents may enter peacefully and at reasonable times by duplicate or master key. If the Landlord requests entry, a written notice shall be given to the Tenant twenty-four (24) hours prior to entry. The Landlord reserves the right to enter the Premises without notice in case of emergency. The Landlord reserves the right to enter by other means if locks have been changed in violation of the Lease.
XVI. NON-LIABILITY. The Tenant acknowledges that any security measures provided by the Landlord shall not be treated by the Tenant as a guarantee against crime or a reduction in the risk of crime. The Landlord shall not be liable to the Tenant, the Tenant’s guests, or .occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. The Landlord shall not be liable to the Tenant, guest or occupant for personal injury or damage or loss of personal property from fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, and interruption of utilities unless caused by the Landlord’s negligence. The Landlord has no duty to remove ice, sleet, or snow; but the Landlord may do so in whole or in part, with or without notice. If the Landlord’s employees are requested to render services not contemplated in the Lease, the Tenant shall hold the Landlord harmless from all liability for same.
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XVII. LEASE COMPLIANCE. The Landlord and the Tenant have, at all times, the right to require compliance with all covenants, terms and conditions of the Lease, notwithstanding any conduct or custom on the Landlord’s or the Tenant’s part in refraining from so doing at any time. Waiver at any time of any breach or condition of the Lease shall not constitute or become a waiver of any subsequent breach, or change any condition of the Lease. The Landlord, where not required by law, may discontinue any facilities, amenities, or such services rendered by the Landlord and furnished to several tenants on a common basis, not expressly covenanted for herein, it being understood that they constitute no part of the consideration for the Lease.
XVIII. DEFAULT BY THE TENANT. In the event the Tenant is in default of any of the terms or obligations of the Lease, violates and/ or fails to comply with any of the covenants, terms, or conditions of the Lease, or any community policies herein or hereafter adopted by the Landlord, said default shall Constitute grounds for termination of the Lease and/or eviction by the Landlord. It is expressly under stood and agreed that the Tenant shall be and remain liable for any deficiency in rent until the Lease expires or until such time as in the interim, the Premises are leased by another acceptable tenant. The Tenant shall also be and remain liable for any expense incidental to re letting, cleaning costs beyond normal wear and tear, trash removal, painting costs, utilities, or any other damages and costs which the Landlord has sustained by virtue of the Tenant’s use and occupancy of the Premises or default under the Lease. Providing any false information on the rental application shall also constitute default under the terms of this lease agreement and, in such event, Landlord by terminate the tenancy and evict the Tenant at the Landlord’s sole and absolute discretion.
XIX. DEFAULT BY THE LANDLORD. If the Landlord is in default of the obligations imposed by the Lease, the Tenant may terminate the Lease by following these procedures (as directed by Revised Code 5321.07): (1) the Tenant shall make written request to the landlord or landlord’s agents for repair or remedy of the condition within a reasonable time, and all rents must be current at such time; after receiving the request, the Landlord shall have the reasonable time to repair, or remedy, considering the nature of the problem and reasonable availability of materials, labor and utilities, (reasonable time is considered to be not more than thirty (30) days); if such time has passed and if the Landlord has not made a diligent effort to repair or has not reported on the progress of remedy, then the Tenant may deposit all rent that is due, on or before the due date, with the Clerk of Courts of the Municipal of County have jurisdiction or (2) the Tenant may give written notice of intent to terminate the Lease unless the repair is made within thirty (30) days.
XX. ENTIRE AGREEMENT. The Lease and attached Addenda listed in Paragraph XXIII are the entire agreement between the Landlord and the Tenant. No representations oral or written, not contained herein or attached hereto, shall bind either party, except any attached Addendum. The Landlord or the Landlord’s agents (including management personal and other employees or agents) do not have authority to waive, amend or terminate the Lease or any part of it and do not have authority to make promises, representations or agreements which impose duties of security or other obligation on the Landlord or the Landlord’s agents unless done in writing. No action or omission of the Landlord’s representative shall be deemed a waiver of any subsequent violation, default, or time or place of performance.
XXI. SEVERABILITY. If any portion of the Lease is found to be void, unenforceable, or against public policy, the remaining portions of the Lease shall not be affected.
XXII. BINDING EFFECT. The Lease is binding on the Landlord and the Tenant and on their respective heirs, successors, executors, and administrators. The Consumer Sales Practices Act does not apply to the Lease.
XXIII. ADDENDA. The following addenda and other provisions attached are a part of the Lease. (as initialed below by Tenant and Landlord).
Landlord Initials Tenant Initials _______ ______ Pet Addendum _______ ______ Lead Disclosure Statement _______ ______ Co-Signer Agreement _______ ______ Last Month’s Rent Agreement _______ ______ _______________________
CAUTION TO ALL PARTIES: THE LEASE, WHEN SIGNED BY ALL PARTIES, IS A BINDING LEGAL OBLIGATION. DO NOT SIGN WITHOUT FULLY UNDERSTANDING IT. CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS.
Resident agrees to utilize online Inventory and Condition Form. Resident has received paper Inventory and Condition Form.
The said Landlord and Tenant have executed the Lease in duplicate on the date first written above.
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