6.     LANDLORD’S DUTY AT THE START OF THE LEASE

 

Landlord agrees to give the Tenant possession of the lease premises on the starting date of the lease.  The lease will start even if the Landlord cannot give the Tenant possession of the lease premises because the prior Tenant is still residing in the lease premises or the leased premises is damaged.

 

IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PREMISES TO TENANT.

 

7.     DAMAGE TO LEASED PREMISES

 

The Tenant agrees to notify the Landlord immediately if fire or any other cause damages the leased premises.  The Tenant agrees to notify the Landlord if there is any condition in the leased premises that could damage the leased premises or harm the Tenant or others.  If the Tenant cannot live in the whole leased premises because it is damaged or destroyed, the Tenant may:

 

1.     Live in the undamaged part of the leased premises and pay less rent until the leased premises is repaired.

OR

       2.     End the lease and leave the premises.

 

The Tenant agrees that if the leased premises is damaged or destroyed and the Tenant ends the lease, the Landlord has no further responsibility to the Tenant.

 

8.     INSURANCE

 

The Landlord agrees to have insurance on the leased premises.  The Tenant’s own property is NOT insured by the Landlord’s insurance.  The Tenant is responsible for the Tenant’s own property that is located in the leased premises.

 

9.     ASSIGNMENTS OR SUBLEASES BY TENANT

 

ASSIGNMENT (or assign) is the legal term for a transfer of the lease from the Tenant to another person.  This other person then becomes the Landlord’s new Tenant and takes over the lease and corresponding terms of the lease.

 

The Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of the Landlord.

 

A sublease is a separate lease between the Tenant and another person who leases all or a part of the leased premises from the Tenant.

 

The Tenant agrees to not lease (sublease) all or part of the lease premises to anyone else without the written consent of the Landlord.  The Tenant agrees that if the Tenant transfers this lease (assigns) or leases all or a part of the leased premises to another (sublease), the Tenant has violated this lease and the lease may be immediately terminated by the Landlord. 

 

10. LANDLORD’s RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE

 

The Landlord is responsible for all damage to property or injury to people caused by the Landlord’s intentional or negligent acts on the leased premises. 

 

The Tenant is responsible for all damage to the leased premises and injury to people caused by the Tenant, the Tenants’ family(ies), the Tenants’ guests and/or other visitors of the Tenant(s).

 

The Tenant agrees that the Landlord is not responsible to the Tenant, the Tenants’ family(ies), the Tenants’ guests and/or other visitors of the Tenant(s) for damage or injury caused by water, snow or ice that comes on the leased premises unless the Landlord was negligent.

 

11.    USE OF LEASED PREMISES

 

The Tenant agrees to use the leased premises only as a residence. The Tenant agrees to obey all federal, state and local laws, regulations and ordinances when using the leased premises.  The Tenant agrees not to store any flammable, hazardous, or toxic chemicals or substances in or around the leased premises.  Tenant shall provide appropriate nonflammable containers for trash and rubbish, shall keep the leased premises and the common areas free from litter and rubbish and shall deposit all trash and rubbish from the leased premises into the designated common waste disposal containers.  Tenant agrees not to do any activities in or around the leased premises that could harm anyone or damage any property.

 

The residence is for normal use by the tenants.  However, the basement is not to be used as sleeping quarters, at any time, by the tenants and/or their guests/families.  In accordance with local ordinances.

 

Tenant agrees that the tenant will not allow any persons who have not signed the current lease to occupy the leased premises without the written permission of landlord.  Tenant shall have a right to invite to the leased premises, for a reasonable period of time (not to exceed fourteen days without the written consent of landlord) guests, family, or visitors so long as his obligations as a tenant under this lease are observed.  Occupancy limits shall be limited to the person(s) named on the lease agreement.  Local ordinances provide for over-occupancy which constitutes a zoning violation, which may be subject to fines and/or criminal punishment.  Tenants are specifically advised of the existence of this ordinance and should any violation occur or be alleged to have occurred, tenants agree to pay all fines, court costs and attorney’s fees associated with such violation or alleged violations whether a conviction results or not.

 

Tenant agrees to take the premises in “as-is” condition.  It is agreed that any improvements made by the landlord, or landlord’s agent, are for the benefit of the tenant no deduction in rent will be allowed during the work period.  The following improvements will be made during the period of ____________________________:

_______________________________________________________________________________________________________________________________________

Tenant is aware that construction dirt may result from the improvements.  Landlord, at his/her discretion may do general repairs/remodeling in addition to this list.

 

12.    RULES AND REGULATIONS

The Tenant agrees to obey all rules and regulations for the leased premises.  If the Tenant violates any rules or regulations for the leased premises, the Tenant violates this lease.

 

Tenant is responsible for all Borough or Township codes, regulations, and recycling programs.  Any violation charges, due to failure to abide with the regulations or codes, will be paid by tenant as additional rent due.  Exterior of premises must be clean and free of debris.  Any trash that is left on the grounds, porches, and balconies or in the hallways will be removed and the tenants responsible for the trash will be charged at the rate of $10 per item or a minimum charge of $15.

 

Tenant may not have any parties at the leased premises.  No alcoholic beverages shall be consumed in the common areas of the building and grounds within which the leased premise is located.  No beer kegs will be permitted in or around the leased premises.  Tenant shall observe “quiet hours” between the hours of 11:00 p.m. and 8:00 a.m. daily.

 

Attics, basements, and garages are not for tenant’s use unless permission is given to tenant by landlord in writing.

 

Tenant will not make any alterations or do any painting to the leased premises without the prior written consent of landlord.

 

Tenant agrees that waterbeds or any other liquid filled furniture is not permitted in the leased premises.  Tenant agrees not to use privately owned washers, dryers, dishwashers or freezers unless agreed upon in writing by Landlord.

 

Tenant shall not disable the smoke detectors or other fire warning or fire protection devices.  Tenant shall notify landlord immediately if a smoke detector or fire warning or protection device is not in working order.  Any false alarms caused by tenant which result in charges or fees to the landlord, will be paid by tenant as additional rent due.  Tenant shall inspect the smoke detector monthly and is responsible for the malfunction of smoke detectors whether as a result of weak, defective, or inoperable batteries or otherwise.  Should resident fail to keep a charged battery in the detector or permit the smoke detector to be damaged in any way, tenant shall be charged the sum of $25.  Tenant shall also be responsible for care and maintenance of fire extinguisher.  The extinguisher will be charged when resident moves in and must remain charged during tenancy and upon vacating.  If for some reason the fire extinguisher is discharged, tenant must make arrangements with our office to recharge it.  The cost of recharging or the replacement of the extinguisher will be billed to all residents of the unit unless it has been used to put out a fire.  All fires, however minor, must be reported to the office.

 

The light bulbs on the porches and balconies are put there for safety purposes.  They are the property of the landlord and are not to be removed or replaced with another color bulb.  If they are unscrewed, removed, or replaced with an off-color bulb it will be replaced and tenants will be charged.  Resident shall furnish all light bulbs.

 

Absolutely no additional locks of any kind may be installed.  If you wish to have a deadbolt installed, we will arrange for it, with a charge to the tenant which includes installation, labor, keys, materials etc., for approximately $75 per lock.  Lockout charge after office hours will be $50.  Keys will only be loaned during business hours and must be returned within 24 hours.  A $50 levy will be charged to a resident who fails to return borrowed keys within 24 hours.  Lost keys will result in a $5 charge.

 

If the leased premise is not cleaned when you take possession, please contact the landlord immediately and we will have the unit cleaned.  DO NOT CLEAN IT YOURSELF.  We will not reimburse you for cleaning and you will still be responsible for leaving the unit clean when you vacate.

  

Tenant shall pay a service charge of $35 if a check given to pay rent, utilities, or damages is returned for insufficient funds or other cause within the control of tenant.  Upon receipt of a returned check, landlord reserves the right to refuse payments by check and require all future payments to be in cash, certified funds, or by money order.

 

Tenant agrees that tenant will not keep any pets on the leased premises.  Tenant agrees that tenant will not allow tenant’s guests or others to have or bring pets onto the leased premises.  If any pet is found, it must be removed immediately and a charge of $100 per pet per month, retroactive to the beginning of the lease will be charged as additional rent due.

 

Tenant agrees not to install any air conditioning units in the leased premises without the written consent of landlord.  No window treatments, awnings, draperies or umbrellas shall be installed in the leased premises without the prior written consent of Landlord.  Tenant shall not place or permit to be placed or stored, items on any windowsills, ledges, or balconies and shall not hang laundry or other items from the balconies, windows and common areas.  No radio or television reception devices such as antennas and satellite dishes shall be installed upon the leased premises or in the common areas around the leased premises.  The use of charcoal or flammable gas grills is not permitted in the leased premises or on any balcony, patio or other common area on the property upon which the leased premises is located. 

 

AT NO TIME ARE MOTOR VEHICLES OF ANY TYPE ALLOWED ON THE GRASS, PORCHES, OR SIDEWALKS.  All cars in the parking lot must be currently licensed and inspected.  All cars that are not will be towed away at tenant’s expense.  No repairing or washing of vehicles on the premises will be permitted.  Parking is provided for tenant’s convenience only and is not guaranteed. 

 

Tenant shall not go upon the roof of the building within which the leased premises is located and shall not enter any area clearly designated as being closed to tenants and others.

 

Tenant must immediately contact landlord if the heat source fails.  Any freezing of pipes will be the responsibility of the Tenant.  Tenant agrees not to use kerosene heaters or electric space heaters, or any other portable heaters without the prior written consent of landlord.

 

13.    LANDLORD’S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION)

 

Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the rights of the Landlord’s mortgage company.  In other words, the Tenant’s rights under this lease are subordinate to the Landlord’s mortgage company.  If the Landlord does not make the mortgage payments, the Mortgage Company may have the right to end the Landlord’s ownership of the leased premises.  If the Mortgage Company sells the leased premises at a mortgage foreclosure sale, the lease may end.

 

The Tenant agrees that the Landlord has the right to mortgage the leased premises.  If the Landlord has a mortgage on the leased premises now, or if the Landlord gets a mortgage in the future, the Tenant agrees that this lease is subordinate to the Landlord’s mortgage.

 

14.    CARE OF LEASED PREMISES

 

The Tenant is responsible for, and will take good care of, the leased premises and all the property in and around the leased premises.  The Tenant agrees to pay for any damage caused by the Tenant, the Tenant’s family(ies), the Tenant’s guests, any other visitors of the Tenant’s and or the Tenant’s pets or animals.  The Tenant agrees to turn over possession of the leased premises to the Landlord when the lease ends.

 

Tenant agrees to pay for any routine maintenance or repairs required at the premises that is the result of tenant’s actions, such as clogged drains and toilets, torn window screens, and similar jobs.  If landlord, his agent, or contractor, performs any work at the premises as the result of tenant’s actions, tenant will be responsible for the entire cost of these repairs as additional rent due, payable no later than the first day of the next month.  Tenant agrees to pay for any repairs of appliances that are provided by the landlord.  It is expressly understood and agreed that any appliances are provided for tenant’s convenience only, and landlord is not required to make repairs even if the cause of the repair is of no fault of the tenant.

 

 

15.    PETS

 

The Landlord agrees to allow the Tenant to keep zero (0) pets.

 

16.    LANDLORD’S RIGHT TO ENTER LEASE PREMISES

 

The Tenant agrees that the Landlord and the Landlord’s representatives have the right to enter the leased premises at reasonable times.  The Landlord and the Landlord’s representatives have the right to inspect, to make repairs, to do maintenance, and to show the leased premises to others.

 

17.    UTILITY SERVICES    

 

Landlord and Tenant agree to pay for the charges for utilities and provide the services to the leased premises as follows:

 

Charge or Service:                                     Responsibility of/Paid By:

 

Utilities:   

                                 

       Water(Minimum charge: $31.00 1st 5000 gal)                     Landlord

       Sewer(Minimum charge: $26.00 Res. Flat Rate)                  Landlord

       Water  (Amount over Minimum Charge):                   Landlord

Sewer  (Amount over Minimum Charge):                   Landlord

Electric                                               Tenant

       Natural Gas                                            Tenant

       Oil                                                    N/A   

 

Services:

 

Lawn Maintenance                                       Landlord

Trash Removal                                          Landlord     

Snow Removal                                           Tenant

Homeowner’s Association Fee                            N/A

Condominium Fee                                        N/A

Parking Fee                                            N/A

 

Other:

                                         __________________________

                                         __________________________

 

Water and Sewer: The Landlord pays only the minimum quarterly Borough charge for sewer and the minimum monthly Borough charge for water.  The Tenant pays any additional amounts above the minimum monthly and quarterly charges for these services. Unless otherwise specified as above.

 

Tenants agree to transfer utilities into their own names and start utility services on the begin date of this lease.  If the Tenant does not start utilities as of the start date of the lease, the landlord will start utility services and bill the Tenants respectively. 

 

Tenants are obligated to maintain the utilities in their name until the end date of this lease.  Tenants agree to not discontinue and/or disconnect utility services prior to the end of the lease term.  If Tenants end utility services prior to the lease end date, the Landlord will restart the services and bill the Tenants respectively. 

 

If any utility service fees are unpaid at the end of the lease, the Landlord will apply any costs and/or fees to the Tenants and/or their security deposits.

 

The Landlord has the right to temporarily turn off any utility or other service to the leased premises in order to make repairs or do maintenance.

 

18.    GOVERNMENTAL POWER OF EMINENT DOMAIN

 

Eminent domain is the legal name for the right of government such as the state or county or city to take private property for public use.  The government must pay fair compensation to anyone who has any right in the property that is taken by the government.

 

If all or any part of the leased premises (or the building within which the leased premises is located) is taken by eminent domain, this lease will end automatically.  The Landlord and the Tenant agree to release each other from any responsibility because a leased premise is taken by eminent domain and the lease has ended.

 

19.    VIOLATIONS OF THIS LEASE

 

When either the Landlord or the Tenant does not perform as agreed upon in this lease, it is a violation of this lease.  If the Tenant violates this lease, the Tenant may lose their security deposit.  If the Tenant violates this lease the Landlord is permitted to sue the Tenant for to restore property damages to its pre-existing condition or to sue for expenses and may sue to evict the Tenant.

 

*THIS IS A JOINT AND SEVERAL LEASE*

 

This is a joint and several lease means all the Tenants as a group and each of the Tenants as an individual are responsible to the Landlord for all of the agreements of this lease.  Example: If the rent is not paid, the Landlord can sue all of the Tenants jointly for any unpaid rent.  And/Or, the Landlord can sue any one of the Tenants separately (severally) for all of the unpaid rent.

 

Tenant violates this lease if the Tenant:

 

1.     Fails to pay rent or other charges to the Landlord on time or,

 

2.                 Leaves (abandons) the leased premises without the Landlord’s permission before the end of the lease or,

 

3.                 Does not leave the leased premises at the end of the lease or,

 

4.     Does not perform as agreed upon in this lease.

 

If the Tenant violates the lease, each Tenant agrees to waive notice to quit.  This means that the Landlord may file a complaint in court asking for an order evicting each tenant from the leased premises without giving each tenant notice to quit first.  The Landlord does not have the right to throw the tenant out of the leased premises (self-help eviction). 

 

If the Tenant violates the lease agreement, the Landlord may sue each Tenant in court:

 

1.     to collect overdue rent, late charges and money damages caused by the Tenant’s violation of the agreements in the lease.

 

2.     to recover possession of the leased premises (eviction).

 

3.     to collect for unpaid rent until the end of the lease or until another person takes possession of the leased premises as a new Tenant.

 

The Tenant agrees that the Landlord has the right to recover all costs associated to the lease violations including but not limited to: all court costs, attorneys' fees at a minimum rate of $300.00 per hour plus retainer amount and all expenses associated with these actions as part of a court judgment in a lawsuit against the Tenant for violation of the agreements of the lease.

 

20.    NOTICE TO END LEASE.

 

The Tenant agrees to give the Landlord written notice if the Tenant intends to leave the leased premises at least sixty (60) days before the end of the lease.

 

If the Tenant does not give the Landlord the written notice, the Landlord may but does not have to consider this lease renewed for the same time period as this lease.

 

21.    TENANT STAYS AFTER THE LEASE ENDS

 

If the Tenant does not leave after termination date of this lease, the Landlord may but does not have to consider this lease renewed for the same time period as this lease.

 

22.    PRIOR TO VACATING the PREMISES

 

The Tenant is responsible for properly cleaning the premises in its entirety including appliances i.e., range top, oven and refrigerator.  The Tenant will remove all debris, rubbish and trash from the premises.  It is expected that the condition of the premises and all appliances at the termination of this contract will be in the same condition as when this contract was entered upon.

 

 

23.    REPAIRS AND MAINTENANCE

 

EXCEPT IN AN EMERGENCY and then only to the extent necessary

to protect the property and minimize damage, no repairs or alterations shall be made or cause to be made by the Tenant without first obtaining permission from the Landlord.  The Tenant shall not paint, wallpaper, panel and/or otherwise redecorate and/or make alterations and/or cause to have done any of the above without the written permission from the Landlord.

 

24.    LOCK POLICY

 

The current locks on the premises will not be changed nor may additional locks installed without the written permission of the Landlord.  If agreed upon by the Tenant and the Landlord, the Tenant will provide the Landlord duplicate keys for the locks installed.

 

25.    PORTABLE HEATERS, GRILLES AND/OR OPEN FIRE DEVICES

 

PORTABLE HEATING EQUIPMENT using GAS, OIL, KEROSENE and/or any other flammable substances are PROHIBITED on the PREMISES.

 

Any types of grilles are prohibited to be used inside any part of the property.  However, Charcoal grilles and/or gas grilles are permitted to be used outside the property at a safe distance away from the property.  A safe distance is outside a five (5) foot circumference of the premises and far enough away to not melt, burn or in anyway damage the premises.

 

Open fire devices and fire pits and/or open fires are prohibited on the property as a whole.

 

26.    WATERBEDS

 

No waterbeds and/or liquid filled furniture is/are permitted on the PREMISES without the express written consent of the Landlord.

 

27.    PROPERTY MAINTENANCE

 

The Tenant hereby accepts responsibility for snow removal from sidewalks, steps, porches, driveways and all walk ways and agrees to comply with all local ordinances and regulations concerning snow removal. 

 

28.    MAJOR APPLIANCES/SAFTEY ITEMS

 

The Landlord has provided the following items/major appliances for the Tenants use while renting this premises: gas stove/oven, refrigerator, dishwasher, clothes washer and clothes dryer, an in-sink-erator and at least one portable garage door opener,.

 

These items/major appliances etc…, have been provided for the convenience and use by the resident Tenants, only.  Use for and or by non-Tenants is strictly prohibited without the explicit permission of the Landlord. 

 

These items are property of the Landlord and are not to be removed from the premises without written permission of the Landlord prior to removal.

 

At least two smoke detectors and at least two ‘ABC type’ fire extinguishers are also provided with the residence.   

 

29.    SMOKING POLICY

 

Smoking inside any part of the property is prohibited. 

 

Smoking outside of the property, a reasonable distance away from the property is acceptable.

 

DO NOT PLACE SMOKING ASHES OR BURNING MATERIALS IN THE TANBARK AT THE PROPERTY TO AVOID A FIRE.

 

No smoking items (example: cigarette remains) and/or storage containers housing these remains are permitted to be inside any part of the property.  Any smoked items must be immediately extinguished outside of the property and disposed of in the weekly trash pickup.  It is not permitted to leave smoking ashes and smoking object remains/materials inside any part of the property (example: the garage).

 

NOTICE

Landlord shall have the right to impose fines for common area vandalism.  Tenant shall not permit any person on the premises to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or the facilities, equipment or appurtenances thereto, or used in common, nor himself/herself to do any such thing.

 

By signing this lease agreement, each tenant agrees that they have read and each tenant agrees that they understand all of the agreements explicit or implied in this lease.

 

DATE SIGNED BY Landlord:   _____________________________

Landlord:                  _____________________________

                                                       Vehicle Make, Model License #.

Date signed by Tenant(s): _____________________________    

Tenant(S):                 _____________________________

                           _____________________________

                           _____________________________

                            _____________________________

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