LEASE AGREEMENT

BETWEEN TENANT AND LESSOR
FOR RESIDENTIAL REAL ESTATE
Revised
November 19, 2009
This Lease is printed for use in the leasing of residential real
estate by University Heights LLC, Ashbury Court Apartments LLC, James Court
LLC, Lynwood LLC, Colonial East and West LLC, Mason Townhouse Suites, Old
Orchard LLC, Cardinal Apartments LLC, Timbercrest
LLC, Normal Road Apartments LLC, 921 W. Taylor St, and 905 W. Taylor St; all of
DeKalb, Illinois. St. Albans LLC of Sycamore, Illinois. Harrison View LLC
of Rockford, Illinois. 12601 Ellen Dr of Genoa, IL.
TABLE OF CONTENTS
|
Subject |
Page |
|
Subject |
Page |
|
Table of Contents |
1 |
|
Purpose |
3 |
|
Definitions |
3-4 |
|
Drug-Free
Policy/Criminal Policy |
4-5 |
|
Promises of the Parties |
4 |
|
Application |
5 |
|
Disposition of Deposits
and/or Prepaid Rents - Prior to Possession |
5 |
|
Possession |
5 |
|
Tenant’s Use of
Apartment |
5 |
|
Tenant’s Upkeep |
5-6 |
|
Tenant Obligation to
Report Damages, |
6 |
|
Vandalism, Criminal
Activity |
6 |
|
Resident to Insure
Possessions /Limitations of Lessor Liability |
6 |
|
Access |
6-7 |
|
Utilities |
7 |
|
Lessor to Maintain |
7-8 |
|
Subletting and Reletting |
8 |
|
Alterations, Additions,
Fixtures |
8 |
|
Appliances, Personal
Property |
8 |
|
Payments to Lessor and
Fees |
8-9 |
|
Charges |
9 |
|
Termination and Return
of Possession |
9-10 |
|
Abandonment |
10 |
|
Security Deposit |
10 |
|
Carpet Cleaning Charge |
11 |
|
Retail Cost Assessed to
Tenant |
11 |
|
Fire and Casualty |
11-12 |
|
Notices |
11 |
|
Tenant’s Waiver |
12 |
|
Condemnation |
12 |
|
Lessor’s Mortgage |
12 |
|
Remedies Cumulative,
Non-Waiver |
12 |
|
Lessor’s Remedies |
12 |
|
Other Agreements |
12-13 |
|
Rules and Regulations |
13-14 |
|
Quiet Lifestyle |
13-14 |
1. PURPOSE
a) It is the purpose of this Lease Agreement
between Tenant and Lessor for residential real estate to establish rights and obligations of the
Lessor (Landlord) and the Tenant in the Dwelling Units owned, occupied, leased,
or operated under the control of Mason Properties and/or its affiliates,
partnerships, or agency including, but not limited to Ashbury Court, Cardinal
Apartments, Colonial East Townhouses, Colonial West Townhouses Apartments, Harrison
View Apartments (of Rockford), James Court Apartments, Lynwood Apartments,
Mason Townhouse Suites, Normal Road Apartments, Old Orchard Townhouses, Timbercrest Apartments, 905 W. Taylor St., 921 W. Taylor
St, , St. Albans Greens (of Sycamore), and University Heights Apartments, 12601
Ellen Drive of Genoa, IL.
2. DEFINITIONS
a) Definitions used in this Lease
Agreement:
Abandonment: The belief by the Lessor that Tenant has vacated the Apartment, with
no intent again to reside therein, and has relinquished possession to the
Lessor in accordance with the provisions of this Lease.
Additional Rent: Such amounts, other than Rent, as may be due Lessor from Tenant
pursuant to the terms of the lease.
Administrative Costs: Reasonable amounts or sums, determined by the
Lessor, to reimburse Lessor for costs of operation of the enforcement of the
Contract Lease, its covenants, riders, addendums, or extensions. It shall
include the reimbursement of actual wages, accrued wages, overtime, supplies,
workers compensation, insurance, lost time and/or Damages.
Application: Information provided by Tenant, Tenant’s agents, or representatives
to the Lessor for material consideration entering into the Lease Agreement.
As Is: The condition of acceptance where Tenant assumes full liability for
Damages, missing broken items, and responsibility for repairs regardless whether current Tenant
created the condition.
Attorney’s Fees: Reasonable sums for the contract of professional services of Lessor’s
legal representation, Sheriff fees, Court Costs, and/or other reasonable
expenses.
Current Rent: Rent due and payable per the Lease Contract.
Building: The building located on the Land, in which the Premises, together
with all the appurtenances thereto.
Calendar Year: The term “Calendar Year shall mean each calendar year or portion
falling within the Term.
Commencement Date: The first day of the Term
Common Areas: Parts of the Premises, Land, or Building used by Tenant or other Tenants
of the Lessor. Common Areas include but are not limited to hallways, landings,
porches, Land, lobbies, streets, alleys, entrances and exits, canopies,
Buildings, parking lots, offices, fences, fixtures, lights, equipment, and
laundry areas.
Damages: Actual loss done to the Building, Land, landscaping materials,
Apartment, Apartment Fixtures or Furniture, losses due to Lessors
reputation, Rents, Additional Rents, Loss due to repair, painting, cleaning,
carpet cleaning, eviction fees, attorney fees, and/or Loss of contracted sums
provided for in the Lease. Where actual loss is difficult to ascertain,
reasonable sums Lessor perceives to have occurred.
Default: Any violation of the promises, terms, and/or covenant of the Lease,
Lease Agreement, Lease Contract, riders, addendums, and extensions.
Due Date: The day each month of the Term when the Rent shall become due and
payable.
Expiration Date: The last day of the Term.
Fine: A reasonable amount determined by Lessor for violations of
provisions, promises, and/or covenants of the Lease as a penalty. Fine sums may
be set for by provisions and covenants of the Lease.
Guest: Any person invited or uninvited under the control of Tenant. Lessor
holds Tenant responsible for all of Guest’s behavior, actions, and/or conduct.
Joint and Several Liability: Liabilities, promises, covenants
and/or agreements will be applied and enforced upon all signatories, parties,
and/or Tenants. If one Tenant of a multi-person Lease fails to perform, all
other Tenants are equally responsible to perform liabilities, promises,
covenants, and/or agreements.
Land: The real property on which is located the Apartment and/or Building,
commonly known as the mailing address of the Apartment.
Late Fee/Interest: Penalty the Tenant shall incur for any Rent or
Additional Rent which is not paid when due.
Lease, Lease Booklet, and/or Lease Agreement: all agreements concerning
the use and occupancy of the Apartment. It includes any exhibits thereto, and
any written riders or extensions as shall be signed by all the parties to this
agreement.
Lease Contract: The agreement between Lessor and Tenant that sets forth Apartment
Address, Terms of the Lease, Rent, Security Deposit, and Signatories.
Multi-person Lease: A lease that have Tenants where more than one
person is listed on the Lease, Lease Contract, riders, addendums, and/or
extension. All Tenants are Joint and Severally liable.
Notice: Any demand made,
construed to be a notice; it must be in writing signed by, or on
behalf of the party giving same and served upon the other party. It must be
given in person, by first class mail, certified or registered mail, or
overnight deliver service governed by the provision
of the Lease. Notice to one Tenant in multi-person lease is sufficient for Notice to all
signatories of the Lease, its riders, agreements, or addendums.
Premises: Includes the Apartment of the Building, Common Areas, Land, Parking
Lots, and Offices of Lessor or his agent, whether attached to Apartment or not.
Prepaids and/or Prepaid Rents: Rent paid in advance for a period to be
determined by Lease Contract. Prepaid Rent cannot offset Current Rent unless it
is specifically provided for in the Lease Contract.
Quiet Lifestyle: All Lessor’s Building, Land, Common Areas,
Apartments, are deemed Quiet Lifestyle.
Lessor or his agent, shall have sole discretion
on what may disturb or prevent the peaceable enjoyment of the Apartment,
Building, Land, or Common Areas. Activities which may disturb peaceable
enjoyment includes, but is not limited to Parties, loud music, loud
televisions, loud stereos, loud radios, loud tapes, loud videos, fights between
Tenants and/or non-Tenants, musical instruments and any other disturbances
heard beyond the walls of the Apartment.
Relet: Releasing Tenant from Lease Term to lease to another new Tenant.
Rent: The total sum of the Lease payable in monthly installments as
declared in Lease Contract, riders, exhibits, extensions, Lease Agreement,
and/or addendums. All Rent shall be paid monthly in advance until the
Termination of the Lease.
Rental Unit, Apartment, and/or Dwelling Unit: one or more rooms in
a structure or portion thereof arranged, designed, and used as a residence or
living quarters by one (1) or more persons who maintain a household.
Rules and Regulations: Policy procedures, covenants, promises as set
forth in the Lease that are the mutual promises of
Lessor and Tenant.
Security Deposit: An amount determined by Lessor and set forth in
Lease Contract, addendums, riders, or Extensions for the full performance and
observance of each and all the provisions of the Lease. If Tenant Defaults, it
shall be used to satisfy any damage reasonably incurred or sustained by reason
of Default. Lessor is not a trustee of the Security Deposit and may co-mingle
it or use it.
Sublet: Releasing of Tenant from current Lease and signing a new Tenant for
the same Lease amount and Term.
Tenant: Lessee, a person, or persons, entitled to occupy the Apartment to
the exclusion of others; including but not limited to all signatories of a
rental agreement, riders, addendums, or extensions. Multiple persons that are Joint and Severally liable
for all agreements concerning use and occupancy of the Apartment.
Term: The term of the lease shall be as set forth in Lease Contract,
riders, extensions, and/or addendums. It shall include a Commencement Date, and
Expiration Date.
Termination Date: The date on which the Lease is terminated by
expiration of its Term or otherwise.
Termination of the Lease: Termination of the Lease means the end of the
Lease by expiration of its Term or otherwise as distinguished from Termination
of Tenant’s right to possess.
Utilities: Amounts Tenant is liable for and will pay for telephone, gas and
electricity bills, water and sewer charges, and/or cable as specified in the
covenants of the Lease.
Vandalism: The purposeful act of conduct to destroy, deface, demean, denigrate,
destroy, disfigure, or flaw Lessor’s Apartment, Building, offices, vehicles,
furniture, fixtures, Premises, Land, landscaping, or equipment.
3. PROMISES
OF THE PARTIES:
The terms and conditions contained herein shall
be conclusively deemed the agreement between Tenant and Lessor and no modification,
waiver or amendment of this Lease or any of its Terms, conditions or covenants
shall be binding upon the parties unless made in writing and signed by the
party sought to be bound.
4. DRUG-FREE
POLICY/CRIMINAL ACTIVITY
A.
Tenant, any
members of the Tenant’s household, a guest, or other person under the Tenant’s
control shall not engage in criminal activity, including “drug-related”
criminal activity, on or near Lessor’s property or Premises. “Drug-related criminal activity” shall mean
the illegal manufacture, sale, distribution, use or possession of a controlled
substance (or as otherwise defined in section 102 of the Controlled Substance
Act 21 U.S.C. 802, as amended or replaced from time-to-time).
B.
Tenant, any member of Tenant’s household, a guest, or other person under
the Tenant’s control shall not engage in any act intended to facilitate
criminal activity, including drug-related criminal activity on or near
Premises.
C.
Tenant, or members of the household, will not permit the Apartment to be
used for or to facilitate criminal activity, including drug-related criminal
activity, regardless of whether the individual engaging in such activity is a
member of the household or a guest.
D. Tenant
shall not possess any paraphernalia that is, or could be used for the
consumption of illegal drugs, even if such paraphernalia is used by Tenant for
decorative, display, or other purposes.
Possession of such items gives Lessor reasonable grounds for Termination
of this Lease.
E.
Tenant, or a member of the household, will not engage in the
manufacture, sale, or distribution of illegal drugs at any location, whether on
or near Premises or otherwise.
F. Violation of this provision shall be
considered a Default of the Lease.
G. Proof
of a violation of this drug policy shall not require criminal conviction, but
shall be by a preponderance of the evidence. Off Premises convictions, information supplied
by the Drug Task Force or a member of law enforcement or Security shall be considered
reasonable evidences of drug use and violation of Drug Free Policy.
H. In
case of conflict between the provisions of this Drug-Free Policy any other
provisions of the Lease, the provisions of the Drug-Free Policy shall govern.
I. This
Drug-Free Policy is incorporated into this Lease on the day that the Lease
begins through the day the Lease terminates, and shall likewise be continued
throughout any renewals of tenancy.
J. Penalties: In the event of a violation of the Drug-Free policy, Lessor shall
issue a request
for eviction after such a breach and allow 10 days before Tenant returns
possession. All Default remedies will apply.
5. APPLICATION:
If any information contained in the application for
this Lease is false, Lessor may, at Lessor's option, terminate this Lease by
giving Tenant not less than 10 days prior written Notice. Lessor as a penalty may keep as Damages any
and all Prepaid Rent amounts as well as the Security Deposit. Tenant gives permission to Lessor to use any
and all information in the application for this Lease as should become
necessary for the collection of outstanding bills or judgments.
6. DISPOSITION
OF DEPOSITS -- Prior to Possession
A. Cancellation
with 60 days Notice by Tenants: Tenant agrees and understands that if a
Tenant gives a written Notice (with signed receipt by management, or US Postal
Service, or Overnight Delivery Carrier) more than 60 days in advance of the
Commencement Date, Lessor will cancel the existing Lease, and Re-let the
Apartment, if possible. If another Tenant is found, Lessor will refund the
Security Deposits and any pre-paid Rents less a Administrative penalty
of $250.00 in addition to any Damages including, but not limited to Rent loss. If the Apartment is not re-letted before Commencement Date, Lessor will act
according to the Default provisions of the Lease which includes, but not
limited to forfeiture of the entire Security Deposit and claims for additional
Damages for Rent Loss.
B.
Cancellation Less than 60 days from Commencement Date : If Tenant fails to take possession of the Apartment for any reason,
or if Tenant cancels Lease by written or oral communication, less than
60 days prior to its Commencement Date, Tenant is in Default.
C. Insufficient Funds:
Any consideration given returned by the bank for any reason, will
subject Tenant’s account to a $25.00 NSF Fee. Lessor has the right to cancel
Lease, and lease the Apartment to another Tenant if possible. Furthermore,
Tenant understands and agrees, Tenant will be held
liable for Damages caused by insufficient funds.
7. POSSESSION:
At the commencement of this Lease, provided all
rental prepayments, Security Deposits, and other payments due as stipulated in the
Lease Contract have been paid in full, Lessor shall deliver possession of the
Apartment to Tenant. Possession shall be
deemed to have been delivered to Tenant on the day that Lessor either (A)
actually delivers to Tenant keys to the Apartment or (B) makes available to
Tenant at the office of the Building or at such other place as designated by
Lessor keys to the Apartment. Provided
the Lessor has made available the keys to the Tenant and Tenant fails to claim
possession of said apartment within 5 days from the Commencement Date, Lessor maintains
the right to immediately terminate the Lease and consider Tenant in
Default. Tenant understands and agrees
it may include keeping as a penalty any and all Prepaid Rent, Security Deposit amounts and/or hold Tenant
responsible for entire Lease sum. Tenants who view model or show apartments
understand and agree there may be slight variations in similar sized
units. Any Tenant agrees and
understands, if Tenant takes possession, Tenant automatically waives the right
to the defense that the show apartment was either inferior or sub-standard to
the actual apartment.
8. TENANT'S
USE OF APARTMENT:
The
Apartment shall be occupied solely for residential purposes by Tenant, those
other persons specifically listed in the Application for this Lease, and any
children which may be born to or legally adopted by Tenant during the Term
hereof. Unless otherwise agreed in
writing, guests of Tenant may occupy the Apartment in reasonable numbers for no
more than 10 days during each year of the Term hereof. Neither Tenant nor any of these persons shall
perform nor permit any practice that may damage the reputation of or otherwise
be injurious to the Building or neighborhood, or be disturbing to other
Tenants, be illegal, or increase the rate of insurance on the Building. No
commercial operation, business, and/or for-hire service shall be operated out
of the Apartment including but not limited to Home Day Care Centers, Professional
Services, and/or Fee Basis Services.
9. TENANT'S
UPKEEP:
A. Tenant
covenants to perform the following obligations during the Term hereof: (A)
maintain the Apartment and appurtenances in a clean, sanitary and safe
condition; (B) dispose of all rubbish, garbage and other waste in a clean,
sanitary and timely manner from the Apartment into the refuse receptacles
provided;(C) properly use and operate all appliances, electrical, gas and
plumbing fixtures; (D) not place in the Apartment or Building any furniture,
plants, animals, or any other things which harbor insects, rodents, or other
pests; (E) keep out of the Apartment or Building materials which cause a fire
hazard or safety hazard and comply with reasonable requirements of Lessor's
fire insurance carrier; (F) not destroy, deface, damage, impair, nor remove any
part of the Building. Tenant shall not
suffer or commit any waste in or about the Apartment or Building, and shall, at
Tenant's expense, keep the Apartment in good order and repair (except to the extent
Lessor has in this Lease agreed to do so).
B. In the
event of a Default of Tenant Upkeep, Lessor reserves the right to hire
sub-contractors at Lessor’s sole discretion to restore Apartment to a clean and
satisfactory manner. Tenant is responsible for the payment of sub-contractors
charges including but not limited to cleaning, painting, plumbing, pest
control, heating and/or ventilation.
C. On
Termination of this Lease, Tenant shall return the Apartment to Lessor in like
condition less reasonable wear and tear, fire and casualty loss. Lessor
reserves the right to clean, restore, and/or launder Apartment to Lessor’s
standard of cleaning and request reimbursement for such time, efforts, and
material.
10. TENANT
OBLIGATION TO REPORT DAMAGES, VANDALISM, CRIMINAL ACTIVITY:
A. Tenant agrees to report to Lessor any acts
of Vandalism or illegal activity that Tenant knows to have occurred or will
occur on Property or Apartment along with all relevant information.
B. Tenant
also agrees to report any Damages to the Apartment or Property as well as any
items out of disrepair immediately after Tenant has become aware of such
damage. Such damage may include, but is
not limited to, leaking plumbing fixtures, broken windows, holes in walls,
broken appliances, leaking water from ceilings, floors, or walls due to
rainfall, and fires or potential fire hazards.
C. Tenant's failure to report such damage,
items malfunctioning, and/or in disrepair, Vandalism, or illegal activity is
considered a breach of this Lease and Lessor may terminate this Lease upon
reasonable evidence that Tenant has not provided Lessor with such
information. Further, Lessor may claim
Damages against Tenant,
if such Damages are ascertainable, for Tenant's failure to
provide Lessor with information regarding Damages, items in disrepair,
Vandalism, or illegal activity existing in the Apartment or on the Property.
D. Tenant agrees to allow Lessor to charge
Tenant pro-rata among Tenants in Common Areas
if no specific Tenant can be ascertained, based on Lessor’s reasonable
charges to return it to its prior condition.
E. Tenant
understands and agrees any Vandalism by Tenant to Lessor’s Building, Apartment,
Land, landscaping, Premises, offices, fixtures, furniture, equipment, vehicles, or affiliated
Premises will subject Tenant as a Penalty to a $100.00 Vandalism Fine as well
as the cost of repairs, maintenance, and/or expenses to return it to its prior original condition . Tenant agrees that such a Penalty does not
preclude Lessor from seeking legal or civil remedies.
11. RESIDENT
TO INSURE POSSESSIONS / LIMITATIONS OF LESSOR’S LIABILITY: Lessor is not
an insurer of Tenant's person or possessions. Tenant agrees that all of
Tenant's person and property in the Apartment or elsewhere in the Building
shall be at the risk of Tenant only and that Tenant will carry such insurance
as Tenant deems necessary therefore.
Tenant further agrees that Lessor, its agents and employees shall not be
liable for any damage to the person or property of Tenant or any other person
occupying or visiting the Apartment or Building, sustained due to the Apartment
or Building or any part thereof or any appurtenances thereof becoming out of
repair (as example and not by way of limitation), due to damage caused by water,
snow, ice, frost, steam, fire, sewage, sewer gas or odors; heating, cooling,
and ventilating equipment, bursting leaking pipes, faucets, and plumbing
fixtures; mechanical breakdown or failure; electrical failure; the misuse or
non operation of observation cameras or devices (if any), master or central
television equipment and antennas (if any), cable television equipment (if any)
or mailboxes; or due to the happening of any accident in or about the Building;
or due to any act or neglect of any other Tenant or occupant of the Building or
any other person. Further, Lessor shall
not be liable to Tenant for any damage to the person or property of Tenant
sustained due to, arising out of, or caused by, the acts or omissions of any
third party whether or not such third party is a Tenant of the Building.
12. ACCESS:
A. Lessor
reserves the right in accordance herewith to enter the Apartment in order to
inspect same, make necessary or agreed repairs, decorations, alterations, or
improvements, supply necessary or agreed services, or exhibit the Apartment to
prospective or actual purchasers, mortgagees, Tenants, workmen, or contractors,
or as is otherwise necessary in the operation and/or protection of the
Building, its components or persons therein.
B.
Lessor shall be provided with and may retain and use copies of any keys
necessary for access to the Apartment.
C.
Lessor may enter Apartment at any time for purposes of serving papers on
Tenant or for the purposes of allowing law enforcement officers to serve papers
on Tenant (for example, service of a court summons).
D. Denial
of access or changing locks without Lessor’s written permission is grounds for
eviction.
E. Lessor
may enter the Apartment with reasonable notice : to inspect; to maintenance; to make necessary or agreed
repairs or improvements, to supply necessary or agreed services; to conduct
inspections when repairs elsewhere in the building require such access; to show
the Apartment to prospective or actual purchasers, mortgagees, or Tenants.
F. Prior Notice of at least one hour in
advance of entry is agreed to be reasonable notice.
G. Lessor
shall consider at the time of entry, a knock on the door, a verbal hello or a
phone call immediately prior as reasonable warning of entry.
H. Lessor
assumes consent for access if Tenant makes a maintenance request or request for
repairs. Tenant understands and agrees
the period of time from when the work order is placed until the work order is
completed may take up to 90 days. Tenant further understands and agrees to
Access even if a
delay-- of more than 24 hours exists --from the time the request is placed
until a maintenance technician or qualified, skilled professional or outside
contractor can perform the work. Lessor
will give reasonable notice (Paragraph G) upon entry to complete the work
order.
I. In case of emergency, no prior notice or
consent is necessary. Emergency is defined as a case where the defective
condition threatens the life and safety of the Tenant, other Building Tenants, Building,
and Common Areas. It includes but is not limited to water damage, ice damage,
malfunctioning furnaces, fire, flood, electrical shorts, smoke dangers, and/or
fire dangers.
13. UTILITIES:
A. Responsibility:
Unless otherwise agreed in writing, if the Apartment is individually
metered, payment to the utility company or authorized metering agency or
Lessor, if acting as metering agency, of the applicable charges for gas,
electricity, water or sewer consumed by Tenant in the Apartment, including, if applicable, electrical current
used for electrical heating, ventilation, air conditioning, heating water in a hot water tank, etc., shall be
Tenant's sole responsibility. Tenant must contact all utility companies and
change billing to Tenant name(s) before the start of this Lease.
B. Cable
and Phone Lines: Lessor assumes no liability over phone lines
and cable lines. Tenant accepts
Apartment and is satisfied with the installed number, and location of the phone and cable
jacks. Lessor warrants no working function of any jack placed in any room in
the Apartment. Tenant will assume all risks for the suitability of the
telephone and/or cable jack. Any alterations to the phone and cable lines may
be done only at Tenant's expense, with prior written permission of Lessor,
through a qualified technician for the telephone or cable company. Tenants
are not given authorization by Lessor to repair phone lines or cables.
C.
Final Billings: It is agreed that it is Tenant’s responsibility to
switch Utilities back into Lessor’s name after the Lease has ended. Tenant
agrees to allow Lessor an automatic additional 30 days before the return of the
Security Deposit if proof of final payment of electric utility is not submitted
to the Lessor. Lessor reserves the right to withhold, up to the full balance of the Security
Deposit, until proof of payment of the final electric bill is submitted by the
Tenant to the Lessor. If Lessor is billed for the final electric service, lessor may elect to pay the final billing with funds from
the Security Deposit. Tenant agrees to be liable for those amounts even it
exceeds available funds of the Security Deposit.
D. Administrative
Costs on Water and Sewer Bills: Lessor reserves the right to charge up to
15% increase over the city billed rate for water and sewer charges. This
increase to cover the Administrative Cost of reading individual meters, billing individual
metered apartments, and collections. Lessor is not liable for any conditions
which may affect the quantity of water or sewer consumed or used by Tenant. For
example, if a Tenant fails to notice a leaking sink or toilet or fixture,
Tenant is fully responsible for usage and/or loss of water or sewer. Lessor
shall make all needed repairs as governed by the Lease, but it does not relieve
Tenant of responsibility of timely reporting of needed repairs which may affect
water and sewer usage.
E. Early Switching: If the Tenant returns the billing to Lessor’s
name prior to Lease Termination Date, unless agreed upon by writing, Lessor
reserves the right, as a penalty, to charge the Tenant triple the
average daily rate as billed by the local utility and/or a minimum of Fifty
and 00/100 dollars ($50.00) per occurrence and/or month. Lessor may elect to
disconnect service improperly billed to the Lessor during Lease Term.
Furthermore, Tenant releases Lessor from any liability from the
disconnection of service including, but not limited to food spoilage, computer
and/or equipment damage, and other Damages arising out of electric power
failure. Tenants who switch utilities early are in Default. Tenant
understands and agrees utilities placed in Lessor’s name without Lessor’s prior
written authorization is a theft of service.
F. Heat
Paid Apartments: Lessor
reserves the right for any apartments where Lessor pays the Heat for Apartment to fine Tenant --$10.00
per day, when Lessor, or Lessor agent observes grossly
inefficient, and irresponsible behavior concerning utility usage i.e. leaving
windows open with the heat turned on, heat in apartments set at 85 plus degrees
etc.
14. LESSOR
TO MAINTAIN:
A.
Tenant hereby declares that Tenant has inspected the Apartment or a
similar apartment, the Building and all related areas and grounds and that
Tenant is satisfied with the physical condition thereof. Tenant agrees that no representations,
warranties (expressed or implied) or covenants with respect to the condition,
maintenance or improvements of the Apartment, Building, or other areas have
been made to Tenant except those contained in this Lease.
B. Although Lessor will make reasonable
attempts to complete requests for maintenance on a more timely basis, Tenant and
Lessor mutually agree that Lessor shall have 90 days from
Tenant's written request to Lessor, to perform work set forth in this Lease.
Furthermore, Tenant understands and agrees that Lessor will make no Rent
offsets, abatements, or receive credits due to any maintenance issues.
C. Lessor
covenants that at all times during the Term hereof, Lessor shall maintain the
Apartment and the Building to the following minimum standards:
(1) Effective weather protection, including
unbroken windows and doors;
(2) Plumbing facilities in working order;
(3) A water supply which produces hot and cold
running water, furnished to appropriate fixtures, and connected to a sewerage
system;
(4) Heating facilities in working order which,
if under the control of Tenant, are capable of producing, or, if under control
of Lessor, produce heat in fixtures provided (and no other) within reasonable
accepted tolerances and during reasonable hours. (In the case of heat, minimum tolerances
shall be those specified by the municipal code);
(5) Gas and/or electrical appliances which are
supplied by Lessor shall be in good working order.
(6) Adequate and appropriate receptacle(s) for
garbage and rubbish, and, if under the control of Lessor, in clean condition
and repair;
(7) Floors, stairways, and railings and Common
Areas in repair; and
(8) Apartment floors, walls and ceilings in
repair.
D. It is, however understood and agreed that
buildings are physical structures subject to aging, wear, tear, abuse, inherent
defects, and numerous forces causing disrepair or breakdown beyond Lessor's
reasonable control, and that components and skilled workmen are not always
immediately available. It
is further understood and agreed that, Lessor's costs of operation are fixed
and unavoidable and to permit Rent abatement or Damages to Tenant would create
an intolerable burden on Lessor. It
is, therefore, understood and agreed that
Lessor's delay in performing agreements set forth in this Lease,
interruptions in services provided by Lessor, breakdowns of equipment or
disrepair caused by (1) conditions caused by Tenant, members of Tenant's
household, guests or other persons on the Premises with Tenant's consent or
other Tenants; (2) Tenant's unreasonable refusal of or other interference with
entry of Lessor or Lessor's workmen or contractors into the Apartment or
Building for purposes of correcting defective conditions; (3) lack of
reasonable opportunity for Lessor to correct defective conditions; (4)
conditions beyond Lessor's reasonable control, including strikes or lockouts;
(5) Lessor's not having actual knowledge of such defective conditions upon the
duties of Lessor to maintain the Apartment or Building; or (6) Lessor's having
exercised due care but such defective condition(s) continue to persist, shall
be an absolute defense in any action against Lessor for breach of covenant
based upon the duties of Lessor to maintain the Apartment or Building. Lessor's failure or inability to make repairs
or provide services in any of the just described circumstances shall in no
event form the b
asis of any claim or setoff for Damages against
Lessor nor a basis for an abatement of Rent nor a cause for Termination of the
Lease.
E.
Nothing herein contained shall, in the event of fire, explosion or other
casualty, impose upon Lessor any obligation to make repairs which are more
extensive or different from those required by the provisions of this Lease
concerning Fire and Casualty.
15. SUBLETTING AND RE-LETTING:
A.
Subletting is only allowed as Lessor’s reasonable duty to mitigate
Tenants losses during the contract Term.
B. Lessor will provide agreements to add or
drop person(s) from the Lease, and may specify charges for doing so. Lessor also reserves reasonable discretion
over the decisions to add or release a person from the Lease. Decisions will be
made based a person’s credit worthiness, previous Tenant experience,
reputation, and ability to service the remainder of the contract. There is an
automatic $100.00 fee to add or to drop a Tenant.
C. At no
time, will Lessor permit a sublet arrangement where Tenant makes an arrangement
for profit.
D. The
person released from the Lease will at no times make claims to any Security
Deposit, Prepaid Rent, or considerations received by Lessor. Lessor will make
no refunds to released person, but rather will credit such sums to the
person(s) remaining on the Lease.
E.
There will be an automatic $250.00 Re-letting Fee for reasonable management
expenses for Apartments where there is no add/drop agreements.
16. ALTERATIONS,
ADDITIONS, FIXTURES, APPLIANCES, PERSONAL PROPERTY:
A. Tenant
shall make no alterations or additions nor install, attach, connect, or
maintain in the Apartment or any part of the Building, interior or exterior,
including but not limited to changing or adding of a major appliance or device
of any kind, dry-walling, painting, maintenance, change locks, plumbing,
heating/ air conditioning repair, electrical repair without, in each and
every case, the written consent of Lessor. Then, if granted, only upon the
Terms and conditions specified in such written consent.
B. All
alterations, additions and fixtures (including security devices) whether
temporary or permanent in character, made by Lessor or Tenant, in or upon the
Apartment shall, unless otherwise agreed to in writing, or unless Lessor
requests their removal, become Lessor's property and shall remain in the
Apartment at the Termination of the Lease without compensation to Tenant. The foregoing notwithstanding, neither Lessor
nor Lessor's insurance carrier shall be liable to Tenant for the replacement of
such alteration, addition, or fixtures in the event of casualty loss.
C. If
Lessor shall permit or demand removal, Tenant shall put that part of the
Apartment into like condition as existed prior to the installation of such
alteration, addition, or fixture.
D. If
Tenant releases possession back to Lessor for any reason prior to returning
that part of
the Apartment into its like condition, Tenant shall
be responsible for all costs to return such part of the apartment back to
like condition.
17. PAYMENTS
TO LESSOR AND FEES:
A. Default: Tenant is responsible for entire
Lease sum and/or Lost Rent until the Apartment is Rented
to another person if Default occurs. Should Tenant Default in adhering to the Lease Contract, Lessor
reserves the right to terminate the Lease in accordance with the provisions in
the Lease. All fees are for
services rendered and may not equal actual labor costs.
B. General Policy: Any payments made
less than 30 days before the start of this Lease must be made by cash payment,
cashier’s check, or money order. No
personal checks will be accepted for any payments within 30 days of the Lease
Commencement Date. Payments are due
by 5:00 pm on the Due Dates herein stated and may be paid at either the on-site
office of the complex where Tenant resides (if one is available) or at the
management office located at 120 N. Annie Glidden Rd, DeKalb, Illinois. Should the office be closed due to holiday or
weekend, Tenant is responsible for making the payments ahead of time. Payments made by mail will be deemed
received when the management office receives the payment. Payments made in the
drop box locations, before 9:00 am, will be deemed received as of the day
before. Payments made in the drop box locations after 9:00 am, will be received
the same business day. Payments made by
credit card are only received at the discretion of Lessor, subject to a 3.2%
fee for the transaction.
C. Late Fee: A Late Fee of $7.00 per day
will be charged for each day that Rent is late. There will be a 4 day grace period for
payments. The grace period does not
include the Due Date of the payment. Any
payment made within the 4 day grace period will not be assessed Late Fees; however, any payment received after
the expiration of the Due Date and grace period will be assessed Late Fees back
to and including the Due Date of the payment.
(For example, Rent Due Date is 5th, payment made on 9th = No Late Fees,
payment made on 10th = $42.00 Late Fee + $7.00/day thereafter) In addition, if any check is not honored by
the bank for any reason, Lessor will charge $25.00 per check and apply Late
Fees, if any, back
to the original Due Date, until funds
are collectible. After one NSF check, Tenant must make all subsequent payments
for the remainder of Lease Term by cash, cashier's check, or money order.
D. Separate Payment Fee: Tenants agree to
make each payment with one single transaction.
Failure to do this will result in a $30.00 bookkeeping charge. A
multiple payment charge includes payment made by more than one of the following
Cash, Cashiers check, money order, bank debit, credit
card.
E. Summary of Types of Fees and charges:
Late Fee $42.00 + $7/day thereafter (4 day grace period
after the Due Date)
Separate
Payment Fee $30.00 (any combination of separate payments for
one month)
NSF Check Fee $25.00 (for each NSF deposit
or redeposit)
Add/Drop Fee $100.00 (for each person i.e
1 added, 1 dropped- $200.00)
Management Fee $135.00 for Preparation of all court Cases
Attorney Origination Fee $150.00 For the delivery of all court cases to our
Attorney.
Collection:
$50.00 to send outstanding account to
collection
Judgments:
All judgments shall
accrue at 9% or by state statute whichever is greater.
Lock
Change $65.00 to re-core lock
Parking
Sticker $35.00 to replace parking stickers lost, damaged, or stolen.
Screen Charge $35.00 for a Bedroom
Window, $70.00 for Front or Patio door
Early Termination Default provisions of the Lease
Labor For Interior Doors The greater of two (2) hour minimum or Actual Maintenance Time/Charge
Labor
For Exterior Doors The greater of four (4) hour minimum or Actual Maintenance Time/Charge
Lock
Change Mailbox $25.00 or Actual Maintenance Time/Charge
Re-Let Termination Fee
$250.00 for Re-letting
an Apartment (Early Termination)
Visa Fee 3.2% of
Transaction, Accepted by Lessor’s sole Discretion
18. CHARGES:
A. During
the Term of the Lease, Lessor may charge Tenant as necessary for Damages which
may include, but are not limited to, any unpaid late charges or NSF fees, any
unpaid Fines for violations, charges for
Utilities, collection agency charges, attorney's fees, charges for missing
items from the Apartment, charges for replacement of damaged or broken items,
charges for Damages and repairs, charges for Damages to the lawn or landscaping
(especially from vehicles during move-in unloading), a charge for re-keying
Apartment lock ($65.00), or a minimum charge of $30.00 for unclogging sinks,
toilets, or any other plumbing fixtures, a minimum charge of $35.00/each for
broken or damaged bedroom screens, $70.00 for Patio or entrance door
screens and , actual replacement costs
for windows or actual cost plus labor, and any other work orders completed by
Lessor or contractors of Lessor (including parts and labor) necessary to remedy
damage done to the Apartment or, as applicable by this Lease, to the Building
or Property. Labor will be billed
at Lessor's rates described in this Lease under "Security Deposit,"
or at the contractor's rate if such work is contracted out by Lessor.
B. Lessor will bill to Tenant for items
described above by assessing a charge to Tenant's account as Rent. The charge will immediately be considered
Rent, and will subject Tenant to possible eviction if the charge remains unpaid
within 15 days of written notification from Lessor that such charge has been
applied to Tenant's account.
C.
Charges for any items listed above may not be construed in any fashion
by Tenant as deducted in advance from Security Deposit. Lessor does, however, reserve the right to deduct any
outstanding amounts from the Security Deposit after Tenant has returned
possession of Apartment to Lessor, in accordance with this Lease.
D. Lessor
reserves the right to hire a collection agency and/or pursue a judgment and/or
evict Tenant through due process of law for failure to pay any outstanding
amounts due Lessor by Tenant. Tenant is responsible for the cost of such
collections.
19. TERMINATION
AND RETURN OF POSSESSION
A. Upon
the Termination of this Lease, whether by lapse of time or otherwise, or upon
Termination of Tenant's right of possession without Termination of this Lease,
Tenant shall yield up immediate possession to Lessor and deliver all keys to
Lessor at place where Rent is payable, as directed by Lessor in the "Rules
and Regulations" section of this Lease.
The mere retention of possession thereafter shall constitute a forcible
detainer. Lessor shall have the right
and license with process of law (and if Tenant abandons the Apartment, Tenant
grants Lessor and Lessor shall have such right and license without process of
law) to enter into Apartment, to have the Apartment returned to Lessor as
Lessor's former real estate and to take possession of the Apartment and to
expel and remove Tenant, and any others who may be occupying or within the
Apartment, and any and all property from the Apartment, without relinquishing
Lessor's right to Rent or any other right given to Lessor hereunder or by
operation of law. If Tenant abandons the
Apartment and Lessor exercises the right and license to enter without process
of law, Lessor may use such force as may be necessary without being deemed in
any manner guilty of trespass, eviction, or forcible entry or detainer.
B. Tenant
agrees that in the event Tenant fails to vacate the Apartment upon Termination
of this Lease or Tenant's right of possession that Tenant shall pay as a penalty for the
entire time that possession is withheld, a sum equal to three times the amount
of Rent herein reserved, pro rated per day of such
withholding, or Lessor's actual Damages whichever is greater. Furthermore, Tenant agrees that
non-action by Lessor, shall not operate
as a waiver of Lessor's right to terminate this Lease, or Tenant's right of
possession, nor operate to extend the Term hereof.
20. ABANDONMENT:
A. Ten
days of physical absence by Tenant, with Rent being unpaid, or removal of a
substantial portion of Tenant's personal property, with Rent being paid or
unpaid, shall be deemed an Abandonment.
B. In
either case, reason
to believe Tenant has vacated the Apartment with no intent again to reside
therein, shall be conclusively deemed to be an Abandonment of the Apartment by
Tenant.
C. Lessor may take possession of
Apartment in accordance with the provisions in this Lease.
D. Any
items of value or perceived value left in an abandoned apartment may be
disposed of. Tenant releases Lessor of any liability of the disposal of such
items left in an apartment Lessor believes is abandoned. If Lessor elects to
store such items for whatever reason, Tenant is liable for storage fees for up
to 30 days.
E. Tenant
agrees any and all items left in the Apartment at the time of the Abandonment
shall be the possession of the Lessor. Lessor may elect to prepare them for resale (proceeds
being used against any outstanding charges owed), and sell them to whomsoever
he chooses. Tenant releases Lessor of any liability arising from such sale.
F. Tenant agrees to a $250.00
Re-letting fee for an Abandonment before Termination
Date.
21. Security
Deposit:
A. The Security Deposit is to be
paid by Tenant in accordance with the Lease Contract to this Lease in the
amount set forth above for the performance of each and every covenant and
agreement to be performed by Tenant under this Lease.
B.
Lessor’s right to possession of the
Apartment for non-payment of Rent or any other reason shall not be affected by
the fact that Lessor holds Security Deposit.
Tenant’s liability is not limited to the amount of the Security Deposit.
C. Lessor
will not estimate Security Deposit deductions before possession of Apartment is
returned to Lessor, or any time before the actual Security Deposit Return is
completed and mailed to Tenant. Apartment
is to be returned in the condition it was in when Lessor gave Tenant
possession, less reasonable wear and tear.
D. Tenant
shall be given a walk through inspection at their request upon reasonable
notice to Lessor before Termination Date. Upon Lease expiration and return of
possession of Leased
Premises to Lessor, Lessor will inspect Apartment for Damages and
may deduct from
Security Deposit any items listed in the “Charges” section of this
Lease, and/or preexisting charges on
Tenant's account with Lessor, and/or new charges assessed upon the return of possession and examination of Apartment by
Lessor.
E. Lessor may also deduct $65.00 for re-keying
each Apartment lock core in the event that all of the keys are not returned to
the Lessor upon Lease expiration.
Tenant will be charged
for Carpet Cleaning at
$0.24 per square foot. Deductions from the
Security Deposit may include, but are not limited to, labor and supplies at
the following costs:
CLEANING: $28.00 per hour (Includes labor and supplies)
DRYWALL
REPAIR: $40.00 per hour (Includes Labor,
Paint & Supplies)
PAINTING : $35.00 per hour (Includes labor & Paint, & Supplies)
MAINTENANCE: $37.00 per hour (This amount includes average hourly amount of
Journeyman Maintenance Mechanic with skill level in
all the trades, Worker’s Compensation insurance, plus costs) (Actual Supplies
billed in
accordance
with Paragraph 21 herein)
CARPET
CLEANING:
$0.24 Sq. Ft. carpeted floor area.
SCREENS/WINDOWS: $35.00/each minimum (repair or
replacement)
$70.00/each minimum for Patio Screens
Labor will be charged in 15 minute
increments. The above labor rates are
for when employees of the Lessor and/or Lessor’s hired contractors perform the work. If any hired contractor’s rate exceeds the
above rates, Tenant will be billed at the contractor's rate.
F. Upon
Lease expiration and return of possession of Leased Premises to Lessor, the
Security Deposit or any portion thereof remaining shall be returned to Tenant
in accordance with applicable law. At
the expiration of this Lease, Tenant must provide a forwarding address for the
refund check and/or Security Deposit Itemization.
G. Lessor
will issue one check only, with all Tenant names on the refund check, for the refund of Security Deposit and will
make no provisions of charging Damages to an individual. If there
are multiple persons on Lease as Tenant, Lessor will mail the Security Deposit
Itemization and/or refund check to one person on the Lease, at Lessor's
discretion. At Tenant’s request, Lessor
will issue equal, separate checks to all names on Lease with the refund
package. Tenants must notify Lessor in
writing at the time the keys are returned, provide forwarding addresses and pay
a $30.00 fee for providing this service.
In the event Lessor has a mailed deposit and/or itemization returned to
Lessor, Lessor will hold such returned mail for Tenant for 30 days.
H. Credits:
Lessor shall issue credits during the Security Deposit Return for the
following types of Items:
1. Cleaning
Credit: Hourly amount (based on the
size of the unit).
2. Painting
Credit: All charges that are Lessor
Responsibility and a percentage for normal wear and tear, 20% per year of tenancy.
(5 year life)
3. Lessor’s
Maintenance: Charges for labor
& supplies that are Lessor’s responsibility will not be charged to the Tenant.
4.
Carpet/Flooring Replacement
: All Carpet
replacement shall receive a percentage for
normal wear and tear, 20% per
year of tenancy. (5 year life)
5. Move-In
Condition: A credit will be given
by Security Deposit Staff for any cleaning, painting, and/or carpet damage that
was in place before the term of the
Lease, and unrepaired during the term of
the lease. To receive such credit Tenant agrees that it must
be listed on the Move-In Condition
Report. Any unreported items will not receive credit.
6.
Balances: Tenant and Lessor agree if Refunds exceed any and all charges,
Lessor will refund appropriate balances to Tenant.
I. Arbitration Procedure: All inquiries about deposit returns or requests
for a review must be made in writing and submitted, with all relevant
information, to Lessor within 30 days of the postmarked date of that return
and/or itemization that was originally sent to Tenant. Lessor reserves the right to estimate damages for
work unperformed during the 30 days after termination date. Tenant will receive
notice of such estimates, postmarked 30 days beyond Termination Date. Due to the documentation issues, Lessor will not accept any phone
calls inquiring about the status or outcome of the Security Deposit return
and/or itemizations. Lessor will
review all pertinent inspections, paperwork, and documentation and respond in a
timely basis. All correspondence should be directed to: Attn: Security
Deposit Dept. 120 N. Annie Glidden Rd, DeKalb, IL 60115.
J. Tenant
agrees that all unpaid outstanding balances will earn 1 ½% (one and one-half)
percent on the outstanding balance monthly (18% per Annum) until paid in full.
K. Tenant & Lessor agrees to send one copy of
the Security Deposit package to one common
address following the Move-out and Lease’s termination date. If Tenant
wishes to have
multiple copies sent to other tenants, Lessor reserves the right
to charge $30.00 per package, payable in
advance to reimburse for reasonable office costs.
22. CARPET CLEANING
CHARGE:
A. In addition to the rent due under this Lease,
Tenant shall be responsible for paying a carpet cleaning charge of $0.24 per
square foot carpet cleaning charge, or the contractor’s rate if it exceeds
$0.24 per square foot, regardless of the condition of the carpet at the
Termination of Tenant’s possession.
B.
Tenant understands and agrees to this charge to be paid out of the proceeds of
the Security
Deposit and/or prepaid rent prior to
Termination Date. If Tenant does not desire to have the carpet cleaning charge
deducted from the Security Deposit, Tenant may contact the Security Deposit
Coordinator to pay the amount separately prior to Termination Date with a
Lessor approved Carpet Vendor.
C. Nothing
in this paragraph shall be interpreted to relieve the Tenant from damage to
carpet which cannot be remedied by a customary cleaning ie.
Cigarette burns, gum, permanent stains, rips, tears, and other direct damage.
D. Lessor is under no obligation to replace any
damage done to carpet or flooring. Lessor may still assess Damage to Tenant for reimbursement. Tenant agrees
Lessor at his sole discretion
may chose to leave the carpet or flooring un-replaced for any future occupant. Such
action by the Lessor will not relieve Tenant from liability of the cost of
replacing the one area.
23. RETAIL
COST ASSESSED TO TENANT:
Lessor purchases cleaning and maintenance
supplies, hardware and building materials in quantity from wholesalers. These supplies and materials are used in the
operation of Lessor's business, including reconditioning of apartments or
properties. If any such supplies are
required to be used in cleaning or rehabilitating the Apartment or Property as
a result of any damage to the Apartment or Property other than ordinary wear
and tear during the Lease, then these supplies will be charged to Tenant's
Security Deposit not at Lessor's cost, but rather, at Lessor's cost plus twenty
percent (20%) mark-up. This mark-up is
to accommodate Lessor's cost of storage, shipment, and maintaining an inventory
of such items. Tenant hereby agrees to
such a mark-up.
24. NOTICES:
A. Except
as herein provided, any demand to be made or Notice to be served, including
those provided by statute, shall be construed to mean Notice in writing signed
by or on behalf of the party giving same, and served upon the other party (A)
in person, or (B) by first class mail, postage prepaid, or (C) by certified or
registered mail, at the address herein set forth or at such other address as
either party may designate by written Notice to the other.
B. Notice
by mail shall be deemed given, served and effective at the time deposited into
the United States Mail, regardless of when received.
C. Notice
served in person on Tenant may be served if left with some person residing in
or in possession of the Apartment above the age of 12 years, and in the event
of an apparent Abandonment, Notice may be served by posting same on door of the
Apartment, unless Lessor exercises Lessor's right to possession due to
Abandonment, in accordance with the provisions set forth in this Lease.
D. Tenant
agrees that Lessor’s Notice to one Tenant in a Multi-person Lease is sufficient
for Notice to all signatories in Lease Contract, addendums, extensions, and/or
riders.
25. FIRE
AND CASUALTY:
A. If the
Apartment is damaged or destroyed by fire or casualty, and the Apartment is
only partially damaged and is habitable or is damaged and can be made
habitable, and Lessor makes full repairs within 90 days, this Lease shall
continue without abatement or apportionment of Rent; or
B. If the
Apartment is damaged or destroyed by fire or casualty and (1) the Apartment is
rendered uninhabitable, (2) continued occupancy would be illegal, or (3) Lessor
cannot or does not repair within 90 days, then Lessor may, at Lessor's option,
(1) terminate this Lease or (2) relocate Tenant to another comparable
apartment. Tenant will continue to make rent payments to Lessor, and Lessor
will be responsible for the fees and/or rental expense of the comparable
apartment. Such comparable apartment may be with an affiliate of Mason
Properties or a leased area by Mason Properties.
C. If
Lessor determines the cause of fire to be fault of Tenant, Lessor reserves the
right to keep as Damages all Prepaid Rent and deposit amounts, as well as seek
other Damages as allowable by law.
D. Lessor
and Lessee agree and understand, loss of personal items in
the event of a fire are the responsibility of the individual owners.
Lessor has notified Lessee of the importance of rental insurance for this
purpose.
26. TENANT'S
WAIVER:
Tenant's covenant to pay Rent is and shall be
independent of each and every other covenant of this Lease. Tenant agrees the Tenant's Damages for
Lessor's breach shall in no way be deducted from Rent nor set off for purposes
of determining whether any Rent is due in a forcible detainer action brought on
the basis of unpaid Rent.
27. EMINENT
DOMAIN (CONDEMNATION):
If the whole or any substantial part of the
Building is taken or condemned by any competent authority for any public use or
purpose, or if any adjacent property or street shall be so condemned or
improved in such a manner as to require the use of any part of the Building,
the Term of this Lease shall, at the option of the Lessor or the condemning
authority, be terminated upon, and not before, the date when possession of the
part so taken shall be required for such use or purpose, and Lessor shall be
entitled to receive the entire award without apportionment with Tenant. Rent shall be apportioned as of the date of
Tenant's vacating as the result of said Termination.
28. LESSOR'S
MORTGAGE:
This Lease is not to be recorded and is and
shall, hereafter, be deemed to be subordinate to any present or future
mortgages on the real estate (or any part of it) upon which the Building is
situated and to all advances upon the security of such mortgages
29.
REMEDIES CUMULATIVE, NON-WAIVER:
A. (1) All
rights and remedies given to Tenant or to Lessor shall be distinct, separate,
and cumulative, and the use of one or more thereof shall not exclude or waive
any other right or remedy allowed by law, unless specifically limited or waived
in this Lease;
(2) No
waiver of any breach or Default of either party hereunder shall be implied from
any omission by the other party to take any action on account of a similar or
different breach or Default;
(3)
The payment or acceptance of money after it falls due after knowledge of
any breach of this Lease by Lessor or Tenant, or after the Termination in any
way of the Term hereof or of Tenant's right of possession hereunder, or after
the service of any Notice, or after the commencement of any suit, or after
final judgment for possession of the Apartment shall not reinstate, continue or
extend the Term of this Lease nor affect any such Notice, demand or suit or any
right hereunder not expressly waived;
(4) No express waiver shall affect any breach
other than the breach specified in the express waiver and then only for the
time and to the extent therein stated.
B.
Tenant's obligation to pay Rent during the Term or any extension thereof
or any holdover tenancy shall not be waived, released or terminated by the
service of any five-day Notice, demand for possession, Notice of Termination of
tenancy, institution of any action or forcible detainer, eviction or for any
judgment for possession, or any other act or acts resulting in Termination of
Tenant's right of possession.
30. LESSOR'S
REMEDIES:
A. If
Tenant (1) Defaults in the payment of any single installment of Rent or in the
payment of any other sum required to be paid under this Lease or under the
terms of any other agreement between Tenant and Lessor; or (2) Defaults in the
performance of any other covenant or agreement hereof; Lessor may treat such
events as a breach of this Lease and Lessor may terminate this Lease and the Term hereof. In which
event, Lessor may forthwith repossess the Apartment in accordance with the
provisions in this Lease, and Tenant agrees to pay Lessor damage in an amount
equal to the amount of Rent provided in this Lease to be paid by Tenant for the
balance of the Term hereof as set forth in this Lease as well as any charges,
fees, reimbursements, or penalties defined in the Lease; or Rent until
Apartment is leased out again, as well
as any charges, fees, reimbursements, or penalties defined in the Lease, whichever is the smaller. Lessor may keep any and all Prepaid Rent and
Security Deposit amounts to apply towards this remaining balance.
B. Costs:
Tenant shall pay Lessor all Lessor's reasonable costs, expenses, management
fees in and about the enforcement of the covenants and agreements of this
Lease. This includes all court costs, summons fees, a reasonable management fee
($135.00) to cover the cost of processing of all lawsuits.
C. Loser
Pays Attorney Fees: Tenant and
Lessor agree to the recovery to the prevailing party,
whether Tenant or Lessor, of
reasonable or actual Attorney's fees to enforce this Lease.
D. No Priority: Tenant
agrees and understands Lessor is under no obligation to make Apartment where Tenant is in Default an
increased priority to re-let or how to prospective Tenants. Any Apartments within the Premises
which is available for Lease prior to the Default,
will have an increased priority over the Apartment in Default.
31. OTHER
AGREEMENTS
A. The
headings or captions of paragraphs are for identification purposes only and do
not limit or construe the contents of the paragraphs.
B. "Lessor"
as used herein shall refer to the person, partnership, corporation or trust
herein above set forth in that capacity.
If such person be designated an agent, Lessor shall also refer to and
include the principal. Obligations and
duties performed by Lessor may be performed by Lessor, its agents, employees or
independent contractors. Only Lessor or
its designated agent may amend or modify this Lease or Lessor's obligations
hereunder.
C. All
rights and remedies of Lessor under this Lease, or that may be provided by law,
may be exercised by Lessor in Lessor's own name individually, or in Lessor's
name by Lessor's agent, and all legal proceedings for the enforcement of any
such rights or remedies, including distress for Rent, forcible detainer, and any
other legal or equitable proceedings, may be commenced and prosecuted to final
judgment and execution by Lessor in Lessor's own name individually, or by agent
of any Lessor who is a principal.
D. Tenant
agrees that Lessor may at any time, and as often as desired, assign or
re-assign all of Lessor’s rights as Lessor under this Lease.
E. The
words "Lessor" and "Tenant" as used herein shall be
construed to mean plural where necessary and the necessary grammatical changes
required to make provisions hereof apply to
corporations or persons, women or men, shall in all cases be assumed as though
in each case fully expressed.
F. The
obligations of two or more persons designated Tenant in this Lease shall be
Joint and Several. If there be more than
one party named as Tenant, other than children in a family, all must execute
this Lease and any modification or amendment hereto.
G. "Apartment" used herein shall
refer to the Apartment leased to Tenant.
H.
Tenant's occupancy or use of any storeroom, storage area, laundry room,
garage, or parking space in or about the Building shall be as a Licensee only
and, unless specifically provided otherwise in this Lease, such license is
granted without charge to Tenant and may be revoked by Lessor at any time. Tenant understands and agrees that due to
construction, location and use of such storeroom, storage area, laundry room,
garage, or parking spaces, Lessor cannot and shall not be liable for any loss
or damage of or to any property placed therein.
Tenant should not store or leave valuable items in such areas. The Termination of this Lease for any reason
shall also serve to terminate Tenant's right to use such storeroom, storage
area, laundry room, garage, or parking spaces.
I.
"Building" as used herein shall include the entire physical
structure located at and about the address herein above stated, including
machinery, equipment and appurtenances which are a part thereof, grounds,
recreational areas and facilities, garages and out-buildings, and other
apartment buildings which form a complex owned and operated as a single entity.
J. The
invalidity or the inability to enforce any provision hereof shall not affect or
impact any other provision.
32. RULES AND REGULATIONS:
Tenant covenants and agrees to keep and observe
all Rules and Regulations stipulated in this Lease. Tenant also covenants and agrees to keep and
observe such further Rules and Regulations that are reasonable and are
uniformly applied to all Tenants within the property, as may later be promulgated by Lessor
or Lessor's agent for the necessary, proper and orderly care of the Building.
A. QUIET
LIFESTYLE:
1. DUTY
TO MAINTAIN: Tenant agrees and understands that property is a Quiet Lifestyle
apartment. As such, Tenant has a duty to maintain a Quiet Lifestyle,
non-intrusive to fellow Tenants. Quiet Lifestyle behaviors include, but are not
limited to the refraining of playing loud music, yelling, screaming,
argumentative behavior, or the making of excessive noise which opposes the
peaceable enjoyment of Lessor’s other Tenants.
Lessor, or his agents reserves the right to determine what violates
Quiet Lifestyle rules as is reasonable, and uniformly applied to all other
Tenants. Lessor considers all violations a breach of the Lease, including FIRST
TIME OFFENSES. Lessor reserves all
remedies including Eviction, actual costs of damages, or penalties and/or
fines.
2. Party
Fine: As a penalty,
a party Fine of $250.00 may be assessed to Apartments deemed conducting a
party. This Fine can be given in
conjunction with “Noise Fine” or a “Alcohol fine” if the situation warrants
both and/or all such fines
violations by Lessor’s sole discretion. Parties are defined as a
gathering of approximately 10 or more non-tenants. Lessor,
or Lessor’s agents reserve the right to determine what constitutes a party. In
addition to all party fines, noise fines, and/or alcohol fines, tenant agrees
to be fully responsible for all clean-up charges, Vandalism, damage of
Apartment items including, but not limited to Carpet damage, door & window
damage, landscaping damage, and other costs associated with such parties. At
all times, Lessor considers Tenant liable for the conduct and behavior of all
guests, invited, uninvited, known, or unknown to Tenant.
3.
Alcohol Fine: As a
penalty a separate Fine of $250.00 may be issued for possessing large quantities of
alcohol, such as kegs, party balls, or mass quantities of canned or bottled
beer in a party atmosphere. NOTE: This
Fine can be given in conjunction with “Noise Fine” if the situation warrants
both and/or all
violations by Lessor’s sole discretion.
4. Quiet
Hours/Noise Rules: Noise levels will be kept to a minimum. Any noise, music, etc. that reasonably
disturbs a neighbor or surrounding area will be deemed a disturbance. Quiet hours are at all times day or
evening. Management reserves the right
to determine what constitutes a violation of quiet hours based upon reasonable
and uniform rules applied to all tenants.
5. Noise Fine: Lessor
and/or Lessor’s agent have the right to issue a noise Fine of $75.00 to an
occupant of Apartment or Property for violation of Lessor's Quiet Lifestyle
policy. This Fine may be issued any time
during the day or night, may be given with or without warning at Lessor's
discretion, and applies to violations in Common Areas, as well as cars in
parking lots with loud stereos. This
Fine is payable immediately in cash.
6. Tenant understands Lessor
may evict any tenant for violation of Quiet Lifestyle rules including FIRST
TIME OFFENSES.
7. Duty to Reduce Nuisance & Noise: Tenant understands Lessor
recommends Headphones, Ear Buds, and other such noise reducing devices for
control of music especially with low bass tones which travel through to other
tenants with or without common wall. Tenant understands and agrees to a
duty to reduce noise applies to tenant, tenant’s guests, and all occupants of
unit.
B.
Penalties and Fines - Tenant understands and agrees to the following
penalties for violation of policies and/or paragraphs of this Lease agreement:
1. Loss
of Security Deposit, Pre-paid Rent, Payment of Attorney Fees, Management Fee
($135), Loss of Prepaid Rent, Late Fees, Labor Charges for Cleaning Charges,
and/or Maintenance charges, Carpet Cleaning, and Replacement of missing or
damaged items, Termination of the Balance of the Contract Term - Any behaviors that would constitute a breach
of the Lease by Tenant including, but not limited to cancellation of Lease
prior to possession, Abandonment, Violation of Drug Policy, Breach of Quiet
Lifestyle Rules, Non-payment of Rent as scheduled, Unauthorized Tenant,
Unauthorized switching of Utilities.
2. Penalty Fines - Pets ($250.00 &
$25.00/day), Delinquent Rent (Late Fees $7/Day, Management Fee($135.00),
Parking Rules Violation ($30.00 per occurrence), Quiet Lifestyle (Party
$250.00, Excess Alcohol $250.00, Noise $75.00), Vandalism ($100.00), Disorderly
Conduct ($100.00), Clean-up ($35.00/man hour
per occurrence), .
3. Penalties due to Legal or collection Action -
All reasonable Attorney Fees, Filing fees, Summons Fees, Document fees,
collection fees, and/or a Management Fee ($135.00).
4. Reasonable office charges- for additional
services (See Paragraphs 16, 17, and 18)
5. Holdover - Triple the amount of Rent,
prorated per day, of such withholding beyond Lease Term, or actual damage
whichever is greater.
6. All
fines are the responsibility of Tenants including participating and
non-participating Tenants of an apartment. All Tenants are jointly and severely
liable for fines, damages, and penalties.
7. Lessor reserves the right to assess a Fine, or
Penalty, or reasonable charges for actual Damages at his sole discretion.
8. All Tenants who receive a fine and/or penalty
are in Default and subject to all Default remedies.
C. Behavior Injurious to the Reputation of
Lessor:
Tenant agrees not to participate in any behavior,
actions, or communications that would be injurious to the reputation of the
Lessor including, but not limited to slander, gossip, perjury, libel,
defamation of character of the Lessor, Lessor’s agents, Lessor’s
employees, or staff, smear campaigns, denigration of Lessor, Lessor’s agents,
Lessor employees or staff. This includes publication of Letters to the Editor,
advertisements, and/or publication of flyers.
D. Items
Left Outside Apartment:
1. No
Tenant, occupant, or user shall place or leave any personal items, including
but not limited to furniture, waste receptacles, supplies, footwear, umbrellas,
etc. anywhere outside the apartment, in the halls, on the landscape, on
staircases, landings, porches, and foyers.
Lessor reserves the right, without warning, to remove and dispose of
such items from described areas and bill Tenant for doing so.
2. No
Tenant and/or Guests shall publicly display, hang, distribute, and/or pass out
leaflets, posters, flyers, bulletins, and/or announcements on Tenants,
entryways, Common Areas or other Tenant’s doors. Lessor reserves the right,
without warning, to remove, dispose of such items, bill Tenant for costs of
doing so, and in addition Fine individuals $100.00 for doing so.
E. Parking Rules:
1. Lessor does not guarantee Tenant an available
parking spot. All spots are a first-come, first-serve basis.
If no parking spot is available, Tenant will have to park off premises.
2. LESSOR WILL NOT NOTIFY TENANT, TENANT’S GUESTS,
AND/OR VIOLATORS OF TOWING POLICY PRIOR TO TOWING A VEHICLE. LESSOR WILL NOT REIMBURSE TENANT, TENANT’S
GUEST, OR VIOLATORS FOR ANY VEHICLE TOWED.
3. Lessor receives no commission, profit, fees,
income, or gratuities from a towing.
Towing is a contractual service for the benefit of developing compliance
to parking rules. Tenant understands and agrees Lessor contracts with Towing
company to enforce rules, but Lessor has no control, prevailing authority, license , and/or agreements over the towing company.
4.
Stickers must be affixed to rear window with adhesive provided, not
tape, or vehicle
will be towed at owner’s expense. Partially affixed Stickers are considered not
affixed and will cause the vehicle to be towed at the owner’s expense.
5. Vehicles with tinted windows should have
sticker in the front window of the vehicle. Lessor provides no warranties for
reimbursement of towing and/or /storage fees for vehicles with tinted windows
or windows filled with items
which obstruct, restrict, or partially hide view of sticker.
6.
Stickers/permits must be used ONLY on the originally registered
vehicle. If Tenants mix-up or misapply Stickers, Lessor assumes no liability
for storage, and/or towing fees.
7. Lessor
reserves the right to limit the number of stickers depending on the particular
parking circumstances of each complex. I.e. Old Orchard,
Colonial East, Colonial West 1 sticker per Tenant.
8. Lessor
will charge $35.00 for missing, stolen, or lost stickers. If Tenant transfers
ownership of a vehicle, Tenant must return original sticker for a no charge
replacement sticker or pay $35.00 for a replacement sticker.
9. Cars
not properly displaying stickers will be towed at vehicle owner’s expense. Some
complexes may purchase short-term temporary parking passes for $7.00 each.
10.
Parking is only allowed in the parking lot of the complex where Tenant
resides. Tenants who are guests in other complex must park in visitor parking
where available or off-premises.
11. Cars left inoperable in parking lot (flat
tires, invalid license plates, broke down, etc.) will be towed at vehicle
owner’s expense. Cars left unmoved in a parking spot for longer than 7 days may
at Lessor’s sole discretion be declared abandoned and be towed.
12. There will be no maintenance of
vehicles permitted on the property.
13. There is limited parking for guests. In
each complex, guests are to observe parking rules, and locations. If there is
no designation for Guest or Visitor Parking, none is allowed on Premises. In
such cases, guest must park off-premises. If Guest or Visitor parking is full,
guests must park off-premises. At NO
time will Lessor reimburse Tenant or guests for towing costs.
14.
Responsibility for payment of fees and/or storage is solely up to the
owner of the vehicle when towing costs are incurred.
15. Double parking is strictly prohibited and
violators may be towed.
16. Parking is not allowed next to any curb that
is painted yellow or striped yellow.
17.
Parking is allowed in designated parking spots only. Tenants are not
allowed to park in Visitor or Guest parking and may be towed at Lessor’s sole
discretion. Lessor assumes no liability for towing and/or storage fees for
violations.
18.
Lessor will not assume any liability for towing of vehicles or Damages
as the result of towing.
19. Excessive speeding in the parking lots may
result in a $30.00 Speeding ticket.
20. Disputes, unruly or disorderly behavior with
the tow truck drivers may result in the suspension of parking passes.
21. Vehicles parked in non-parking areas i.e. by
dumpsters, fire lanes etc,
will be towed at owners expense.
22. Tickets ($30.00) may be issued for violation of any of
the above rules.
23. 2 or
more tickets may result in the suspension of Parking Privileges or revocation of Parking Sticker.
24.
Vehicles towed as the result of stolen, misplaced, improper and
unauthorized duplicated stickers, and/or lost stickers are not the
responsibility of Lessor.
25.
Lessor maintains no control over when and how often patrols are made
through the parking lot.
26.
Lessor and/or his agent reserves the right to
report any vehicle in violation of the above rules.
27. Once
a vehicle is hooked up to a tow truck, the towing company retains all right to
possession, fees, storage of said vehicle. Lessor maintains no liability for
damage, storage fees, or towing fees regardless, for any reason.
28. All parking stickers are reissued once a year
by August 31st. It is tenants
responsibility to get a new sticker before its expiration date. If a vehicle is
towed, due to an old, out-dated sticker, Lessor will not be liable for any
Damages, towing, or storage costs.
F. Maintaining Temperature of Apartment: From December 1st through April 1st of each
year, the heating level must be maintained at 50 degrees or more throughout
Apartment whether Apartment is occupied or not.
Tenant understands the reason for this clause is to ensure that damage
from freezing pipes does not occur.
Tenant will be liable for any Damages caused by his negligence in this
regard including frozen pipes, damage to walls, damages done to nearby tenants,
carpeting damage, and professional contractor (plumber’s, cleaners,
electricians) etc. Tenant agrees to allow the Lessor access, if necessary, to
ensure that heat is maintained during winter, and will allow Lessor to alter
settings to accommodate falling temperatures, excessive cold or heat and
weather conditions. Tenant also agrees
that Tenant must air condition if necessary to maintain a temperature not to
exceed 78 degrees. Tenant understands and agrees that Tenant has the sole
responsibility to maintain heat to keep pipes from freezing.
G. Lock-Out Policy: Tenant must have proof of identification
if locked out of the apartment. Lockout
fees are payable immediately in cash, rates as follows: $25.00 (9 AM-5 PM), $35.00 (5 PM-9 PM),
$50.00 (9 PM-9AM). If Locked out, Tenant may call the
Answering service to summon Maintenance for Lock-out Service. If such Service
is on a Weekend, 5:00 PM Friday through 7:00 AM Monday, a minimum charge of
$50.00 per occurance regardless of the time of
day. If the Main Office is open,
tenant may purchase a duplicate key, with identification for $3.00. In no case, shall Lessor issues keys to a
non-Tenant or guests of Tenant. Tenants who damage locks, doors, fixtures,
windows, screens, or Buildings trying to enter Premises and/or Apartments are fully
responsible for Damages, repair, and/or replacement.
H. Vandalism
1.
Duty to Report Vandalism And Vandalism Fines: Any
Damages, acts of Vandalism, etc., occurring adjacent to or surrounding your apartment with any
monetary value being incurred to the property will be charged to the
residents. It is the residents’
responsibility to report any such occurrences to the appropriate authority, or
they will be deemed to have been a party of said action. If blame can be verified for Damages, Vandalism, etc. to a
particular tenant, Apartment, or guest of a tenant, a $100.00 Fine, as a
penalty, will be assessed in addition to the cost of cleanup and/or
repair. This Fine does not waive
Lessor's right to press criminal charges or enforcement of any other provision
in this Lease.
2.
Tenant’s Liability:
Because of the large number of false claims of vandalism done by Tenants or
guests of tenants, any items in the Apartment, or in Common Areas of the
Building or Property becoming damaged or in disrepair (including Tenant and/or
their guest’s damage, damage from other persons whether known or unknown by
Tenant, damage from spray paint, damage from rocks, broken windows, broken
doors, broken patio glass etc.), during the Tenant's Lease will be at Tenant's
liability and the cost for repairing or replacing will be billed to Tenant in
accordance the provisions of this Lease. Tenant understands and agrees this may
include damages that they personally may not have created or participated in. Tenants may lessen that risk of that
liability by reasonable methods such as neighbor watches of suspicious
characters, reporting of identifying factors including descriptions, pictures,
video footage, license plates, calling of the police etc.
I. No Pets Allowed; Pet Fines:
1.
Pets of any kind are not allowed on the property i.e. Dogs, cats, snakes, ferrets, rabbits,
reptiles. Furthermore, items which
indicate a pet is being held, kept, fed, cared for on premises are also not
allowed including water bowls, pet food, dog food, or cat food, leashes, pet
cages, rubbing posts, scratching posts, pet toys, chewy bones etc.
2.
Visiting pets are not acceptable. Pets who come with guests on the
Premises, Common Areas, Parking Lot, Land, in vehicles, subject Tenants to Pet
Fines regardless of length of stay.
3.
If a pet is found on the Premises, Common Areas, Building, Apartments,
Parking Lots by Lessor or Lessor’s agent, Tenant agrees to pay an immediate $250.00
Fine, plus an additional $25.00 per day until the removal of pet. Acceptance of this Fine does not deprive
Lessor of the right to evict.
4. Stray
pets, ie. cats, dogs,
raccoons which are fed, watered, cared for in any manner by Tenant will subject
Tenant to a fine and/or cost of removal of such stray.
5.
Furthermore, any apartment issued a pet Fine is liable for the
replacement costs of carpeting, pad, and any associated costs of cleanup,
painting, and/or repair if it is determined the pet has done irreparable damage
to any areas in the Apartment including, but not limited to damage from urine smell,
defecation, spotting, marking, biting, and scratching.
6.
Damage due to infestation due to animal fleas, ticks, and other insects
shall be the responsibility of the Tenant.
7.
Lessor reserves the right to charge Tenant or require reimbursement for
Damages or to deduct such sums from the Security Deposits, if evidence of any
such pet damage exists.
8.
Lessor further reserves the right to demand an additional amount, equal
to the cost of damage repair, payable immediately, to be held as a Security Deposit upon
the discovery of a Pet, and/or Guest’s pet. Such sums shall be held for the
Term of the Lease, rider, extensions, addendums. Such
additional Security shall be considered separate and distinct from the Security
Deposit and be refunded 30 days after the Termination Date of the Lease.
9.
Tenant agrees in the event of Default of this No Pet Policy, to provide Access
to Lessor for regular and/or periodic inspections at Lessor’s sole discretion,
without additional advanced notice, by Management, Security, and/or Lessor’s
Agent, during reasonable hours, for the life of the Lease, Lease Contract,
riders, addendum, and/or extensions. Sufficient Notice to Tenant of said
inspection will be met if Lessor gives reasonable notice of warning of entrance
such as Give a knock on the door, and a verbal “hello” prior to entry. Three
inspections without a pet found, or evidence of a pet found, will suspend said
inspections and normal Access provisions will prevail.
J. Move-in
Inspection Report:
1. Upon
move-in, Tenant will have opportunity to fill out a move-in condition
report. Lessor encourages Tenant to note
any items, if any,
that may be damaged, missing, or in disrepair, including nail
holes, scratches, dents, screens, cracked windows, dirty items, dusty items,
stained items, missing door stops, damaged doors, frames, fixtures, missing or
dirty vents, switches, switch plates, outlet covers, holes in screens, dirt in
window or sliding door tracks, areas needing painting or with yellowed paint,
carpet tears, rips, or missing thresh holds.
2.
If the Apartment move-in
inspection report is not signed and/or
completed by Tenant, Lessor will assume that Apartment is in 100% acceptable
condition, and that there are no items in the Apartment that are not in a clean
and satisfactory condition.
3. Tenant assumes all risks for any items of
disrepair or missing, or damages that exist upon possession, but are not
noted on Move-In condition report. Lessor reserves the right to charge
Tenant according to the provisions of Lease for Damages, missing items, and/or
repairs completed by Lessor. Any riders, additions, and/or addendums to the
Move-In condition report not signed by Lessor in agreement, and/or witnessed by
Lessor, or Lessor’s agent will not be sufficient to satisfy claims for Damages,
incomplete or missing items .
4.
Apartments accepted As Is by Tenants, Re-Letting Tenants, Sub-let
Tenants, or signatories of Lease, Lease Contract, extensions, riders, and addendums, agree and assume responsibility and/or liability
for Damages, missing items, and/or repairs not listed on original Tenants’
Move-In condition report.
5. Lessor
will provide Tenant with a copy of Move-In condition report at the time of
Move-In. Lessor encourages Tenant to keep a copy of Move-In condition reports.
Lost or missing Move-In condition reports are the responsibility of Tenant. If
Move-In condition report is lost, stolen or missing, Lessor assumes Apartment
is in 100% acceptable condition with all items in a clean and satisfactory
condition.
6. Lessor
has the right to remedy any item and/or condition listed on the Move-In Condition
report and Tenant will grant access for such remedy by Lessor, sub-contractor,
or Lessor’s Agent. It is assumed any item and/or condition thus corrected and that are subsequently damaged, missing, stolen, and/or
repaired are the responsibility of the Tenant according to the provisions of
the Lease.
7.
Non-tenants are not allowed in the apartment during the inspection (i.e.
Parents and Guests).
K. Maintenance Work:
1. Tenant
understands that most non-emergency maintenance work will be performed during
normal business hours of 8am-5pm, Monday through Friday; and agrees to give
Lessor access during these times to perform preventative maintenance as well.
2. Lessor
is under no obligation to set appointments, notify tenant of when maintenance
work is to be scheduled. Lessor will perform work on a timely and reasonable
basis, but has a period of 90 days to remedy all maintenance requests.
Furthermore, maintenance issues outside of Lessor’s control (i.e. ice damming,
special order of parts) may require longer periods of time to remedy.
3. Lessor
will not reimburse Tenant for Lost Rent, or offer Rent discounts, credits or
reductions for any maintenance issue regardless of the time necessary to
repair.
4. It is the Tenant’s obligation to report
damages on a timely basis which may cause additional costs and/or damages to be
assessed to Tenant. Leaking toilets, sinks, fixtures, tubs, window wells which
may cause damage to other adjacent, adjoining, and underlying Apartments will
be the responsibility of the Tenant for failure to report such conditions.
5. Any work order may be submitted either by
phone or by letter contact. A Tenant may request at any time a Work Order
Number which references the specific maintenance condition to be fixed or
repaired. A Tenant may use that Work Order Number to check on the status of
said work by Lessor, or Lessor’s Agent. Submission of a Work Order is an agreed
Access to the Apartment by the Tenant to the Lessor. Tenant understands and
agrees it may take a reasonable time to assess the damages, repairs, and
complete the repairs.
6. After a Work Order has been submitted, a
Tenant shall have the right to check on the status of the Work Order. If the
Tenant feels the Work Order is not being addressed on a timely basis, the
Tenant has a duty to request a Manager and/or Supervisor to address the
problem. Lessor shall provide an Upper Management Agent and/or Lessor himself
to handle all Maintenance disputes.
L. Maintenance Performed by Lessor Only:
1. Lessor
and Lessor’s agents are the only authorized parties to perform any maintenance
work; and/or schedule or authorize any subcontractors
access for same. Tenant understands Lessor does not grant any permission,
or authority to Tenant to schedule, or authorize repair done by any
unauthorized Subcontractors and assumes full liability including, but not
limited to repair, replacement, duplication of work, fees, and/or charges.
Lessor reserves the right to refuse payment to sub-contractor, and/or removal
and replacement of the repair at Tenant’s expense.
2. In
the event of an emergency, where a defective condition threatens the life and
safety of the Tenant, the Tenant may make the necessary repair with only
authorized sub-contractors at Lessor’s reasonable expense, but only after
engaging in reasonably diligent attempts to notify Lessor. Such attempts should be documented. Lessor
shall provide Tenant upon request a list of acceptable sub-contractors if such
an emergency circumstance arises.
3. A Tenant may not repair at Lessor’s expense
any condition that was caused by deliberate or negligent act or omission of the
Tenant, a member of his/her family, and any other Guests.
M. Insurance:
1. NEED
FOR RENTER’S INSURANCE: Tenant understands and agrees that Lessor’s
insurance is designed to indemnify Lessor for any damage, casualty, or fire
losses by normal commercial building insurance policy policies. If tenant
wishes to have personal possessions insured for repair, replacement, or
indemnification, tenant has full duty and/or responsibility to purchase and
maintain such Renter’s insurance . Lessor highly recommends the purchase of such policies and will
not in any case indemnify tenants for losses due to fire, rain, wind, leaking pipes,
water damage, ice damming, equipment failure, power or utility failure,
freezing pipes, proper or improper cleaning, painting, installation of
equipment or drywall repair, or any
losses or casualties arising out of the normal course of business. Tenant releases Lessor from any Damages
and/or claims as to such losses and claims.
2. Waterbeds/Insurance, Liquid-Filled Furniture: Tenant must obtain and provide Lessor proof
of insurance on any waterbed and maintain said insurance throughout the Term of
the Lease. Further, no furniture filled
with a liquid or semi-liquid shall be brought in or used in the Apartment
unless contained in proper frame and liner.
Hot tubs, pools, etc are prohibited.
3. Auto Insurance - Tenants who own
vehicles, trailers, snowmobiles, motor-cycle or motorized equipment subject to
licensing and registration is required to carry proper liability insurance as required by legal
statute.
N. Window Coverings:
1. Tenants
must cover windows with curtains/drapes with white backing, or use
vertical/horizontal blinds. Such blinds
or curtains must be a neutral or earth-tone color.
2. At no
time will blankets, newspapers, sheets, or the like be allowed as window
coverings.
3. At no
time shall neon
signs, beers signs, and/or signs objectionable by Lessor be hung in windows.
O. Clothes
Hanging:
At no time is Tenant allowed to hang clothes to
dry in or outside the Apartment, and/or inside or outside Apartment window or
door.
P. Filing
With Attorneys (Delinquent Rent, 10 Day Notices, Drug
Violations, Party Violations, Default):
1. Management
Fee: There will be an automatic $135.00 management fee for any cases that
are prepared and/or
filed with our attorney’s office. This fee is to cover Lessor’s
additional reasonable
office and wage costs for the preparation of suits, management of
the legal process, and correspondent communication and meetings with Tenant.
2. Court
Costs: Tenant understands and agrees any costs that are associated with
filings including
court costs, and filing fees, summons fees and other fees which
might be incurred due to court processing are the responsibility of the Tenant.
3. Loser
Pays: Lessor and Tenant understand and agree that the Loser of a suit will
be responsible for all reasonable and/or actual Attorney’s
fees. The Loser, whether Plaintiff or
Defendant, shall render to the prevailing party reasonable and/or actual fees,
where applicable, the cost of bringing, or the cost of defending the suit. In
any negotiated settlement, Lessor reserves the right to recover any actual
reasonable Attorney’s Fees, Late Fees, Management Fee and/or Costs.
4. Attorney Origination Fee: Tenant
understands that Lessor will charge a minimum one hundred and thirty five
dollar Attorney Origination Fee as a good faith estimate of the cost of
Lessor’s Professional Attorney costs of
bringing a suit for litigation. Lessor and Tenant agree that such an estimate
is not the final Attorney charge and is dependent solely on the awarding of
attorney fees should if Lessor should be the prevailing party.
5. Other Collection Costs; Tenant
understands and agrees to, at Lessor’s sole discretion, Lessor will pursue all
legal remedies for Default including, but not limited to collection agencies,
cost of credit checks, commissions,
judgments, civil suits, and/or wage garnishments. All accounts subject
to a collection is subject to a $50.00 minimum fee.
6. Judgments: All judgments obtained shall
accrue at the highest legal allowable interest or 9% per annum until paid in
full. Lessor at no time waives any rights as to collection of
outstanding balances.
Q. Keys:
1. No
Key Warranty: Lessor gives no warranty, express or implied, that keys issued by
Lessor have never been duplicated, copied, and/or are
Accounted completely. Furthermore, Lessor assumes NO liability for any
unauthorized duplication of keys by previous Tenants, employees, or
agents. Tenant may, at their own expense,
pay for a re-coring of locks for $65.00.
2. Turning
in Keys at End of Lease: Tenants
must vacate Apartment NO LATER THAN 5 PM on the Termination Date of
Lease. Furthermore, keys should be
returned to Lessor's management office by that time, and Lessor will
issue a receipt for the key return. Any keys dropped off, placed in an office
drop box, left in Apartment, mailed, and/or Priority delivered will be the
received on the day Lessor actually receives keys. Should the Termination Date fall on a day
that the management office is not open (e.g. Saturdays, Sundays, Holidays), the
Tenant is responsible for either returning possession at an earlier time when
the office is open or making previous arrangement, in writing, with management.
3. Late Keys: Lessor assumes no
responsibility to remind Tenants to turn in keys on time. In the event that
Tenant returns keys late, whether office was open or not open on the
Termination Date, Tenant will be charged for each and every extra day according
to the provisions of this Lease. If ALL the keys (Mailbox as well as
entrance keys) are not returned on or before Termination Date, Tenant may be
subject to Re-coring Charges as well as
other Damages, as provided for in the Lease.
4. Lessor
assumes possession when keys are returned and/or are found. At that time,
Lessor is authorized to act according to all provisions of the Lease.
5. At NO
time is Tenant ever authorized, granted permission, or allowed to make
duplicate keys of any of keys issued by Lessor. Duplicate keys may be purchased
for $3.00 at Lessor’s office.
6. If a
Tenant releases a key to a Guest, Tenant assumes all liability for Damages,
missing and/or stolen items by that Guest or to whom control of the key is
transferred.
7. Tenant
assumes all liability for lost, missing, or stolen keys. Lessor, at Tenant’s
request, will re-core Locks for $65.00 for each occurrence.
8. If
applicable 2 garage door remotes will be issued at move in. If they are not returned by 5 pm on the lease
ending date a charge of $50.00 per remote will be assessed.
R. Pest
Control:
1. Tenant agrees to comply with all requests made
by any Pest Control technicians (for example, emptying cabinets, shelves,
cleaning apartment) in order for them to do their jobs. Tenant also agrees to grant such contractors access to the Apartment.
2. Tenant agrees to be responsible for any
and all Damages resultant from the spread of pests from their apartment and/or
costs of eradication including the cost of spraying, and/or eradication of
surrounding Apartments, Common Areas, Premises, Building, and/or Offices.
3. Tenant agrees and will act accordingly to
prevent the infestation, spread, and incubation of insects, rodents, and other
common pests including, but not limited to proper removal of garbage, leaving
of open food, proper cleaning of living, kitchen and food areas. Any
activities, actions, and/or lack of proper cleaning or in-actions (i.e. not
cleaning) which may promote insect infestation will be considered a Default.
4. Pests include all forms of insects, such as
box elder bugs, beetles, fleas, flies, honeybees, wasps, plus any reptiles
and/or snakes, and rodent infestations or wild animals.
5. At no time does Lessor warrant Tenant will
live pest-free from insect or rodent infestations. Tenant understands some
pests may require re-treatment after the initial treatment and gives Lessor
reasonable Access for such re-treatment.
6. Tenant agrees to hold Lessor harmless for any
damages beyond Lessor’s control due to Pest Damages including spoiling of food,
nuisances, and mass infestation.
7. TO PREVENT THE SPREAD AND INFESTATION OF BED BUGS
NEVER PURCHASE A USED OR OLD MATTRESS FROM ANYONE OR ANYWHERE. NEVER PULL A MATTRESS OR ANY OTHER TYPE OF
FURNITURE FROM A GARBAGE RECEPTACLE.
S. Guest Policy:
1. Should
a person be found to reside in the Apartment for more than 10 days within a one
year period and that person is not on this Lease contract, Lessor has the right
to evict all Tenants, whether on the Lease or not.
2. All Guests of Tenants are subject to the same
rules and regulations of the Lease executed by the Tenant and Lessor.
3. Lessor
reserves the right to issue trespassing Notices and ban persons from the
property regardless if they are with a tenant or not. Unauthorized Tenants may
be removed from the property without Forcible Entry litigation.
4. Guest names on Mailbox (Names other than
authorized Tenants) are not permitted.
5. Lessor assumes no liability for towing of
Guest’s vehicles regardless, for any reason.
T. Bicycles:
Bicycles must be locked onto a bike rack or
stored in Apartment while not in use.
Lessor may cut locks and/or remove bicycles that are improperly stored
on the Property and may hold them in storage for $5.00/day and/or may dispose
of the bicycle. Any bike left unattended outside the Apartment, (included in or
about bike racks) for 30 days, may be subject to removal with or without
notice.
U. Garbage/Use of Dumpsters:
Tenant must use dumpsters and waste receptacles
appropriately. All garbage must be placed
inside of receptacles. Tenant’s failure to use dumpsters reasonably, and
properly, may result in a charge for clean-up at the standard hourly rate as
defined in paragraph 19 (Charges). Lessor reserves the right as a penalty to
Fine Tenant $35.00 per man hour per occurrence.
V. Laundry
Facilities:
Tenant must use laundry facilities appropriately
and as intended. The use of
coin-operated equipment is at Tenant's own liability and Lessor will make no
provisions for the refund of lost money in the machines. Any items damaged by
Laundry machines shall be the sole responsibility of the user.
W. Signs/Displays
In and Around Apartment:
No sign,
signal, illumination, advertisement, Notice or any other lettering, or
equipment shall be exhibited, inscribed, painted, affixed or exposed on or at
any window or on any part of the outside or inside of Apartment or Building
without the prior written consent of Lessor.
X. Grills/Cooking Outside:
There shall be no cooking or baking done in or
about the Apartment except in the kitchen.
Cooking on a barbeque or other similar equipment on a porch, terrace, or
balcony is expressly forbidden. All
grilling must be done at least 10 feet from any Apartment or Building and all
smoke, if any, must not carry towards any tenant's Apartment or the
Building. All grills must be stored at
least 10 feet away from the building at all times. Permission to do otherwise must be in writing
from Lessor.
Y. Cable Television/Satellite:
1.
In the event that cable television service or Satellite Reception is
provided in the Building or Apartment, Tenant understands and agrees that (a)
Lessor cannot and shall not be liable to Tenant for any damage suffered by or
to the person or property of Tenant due to improper or inadequate cable
television installation reception, (b) Lessor shall have no obligation or
responsibility to collect any fee on behalf of any provider of cable television
service, and (c) Tenant shall provide access to the Apartment at all reasonable
hours to allow the installation, repair or maintenance of the cable television
equipment in the Building or the Apartment.
2. Lessor reserves the right to contract with one
Satellite installer per Building. Lessor does not warrant all available
Satellite services will be made available to Tenant.
3. At no time shall Tenant have the authority to
attach, install, or connect a satellite to a building without the express
written consent of Lessor or Lessor’s agent.
4.
All satellites connected to a building shall remain the property of Lessor
after Termination Date.
Z. Emitting Odors:
1. No
painting, gas-powered equipment or machinery, or any other odor-emitting device
or aerosol may be used inside of the Apartment or Building.
2. All cooking odors are to be kept inside
Apartment. Tenants who produce exotic or distasteful odors based on Lessor’s
sole discretion
in Common Areas may be
fined $25.00 for each occurrence or found in Default of
Lease at Lessor’s sole discretion.
AA. Toilet
Sanitizers:
Tenant may not place in toilet any material which
changes water color, such as a urinal or toilet block. Tenant will be fined $25.00 for each
occurrence.
BB. Rocks/Displacement
of Landscaping:
Tenant may not remove, displace, throw, or kick
any rocks or other items that are utilized by Lessor for purposes of
landscape. Tenant is solely responsible
for behavior of Tenant's children, and/or of Tenant's guests. Lessor may issue a
Fine of $35.00 as well as charging Tenant for the reimbursement to Lessor for
the costs of replacing such landscaping items.
CC. Trees
Not Allowed in Apartment:
Tenant agrees and covenants to have no live trees
or live trees that have been cut (e.g. Christmas trees) on Premise, in
Apartment, Common Areas, and/or Land, due to the risks of fire hazard. This
provision would not preclude Tenant from putting up artificial Christmas trees.
Tenant assumes all risks for holiday decorations, lights, and/or Damages that
result from such.
DD. Disorderly Conduct:
1. Tenant
authorizes Lessor the option of fining Tenant $100.00 per occurrence for
disorderly conduct ie. Drunken
behavior, rude and obnoxious treatment of staff or other tenants, and/or vulgar
and obscene gestures or language.
2.
Furthermore, Lessor reserves the right to issue No Trespass Notices for
office areas for Tenants who engage in disorderly conduct. Such a Fine would
not preclude Lessor for any other remedies available according to the
provisions of the Lease.
3. Tenants who are barred of office areas may
mail rental amounts or correspondence to Mason Properties, 120 N. Annie Glidden
Rd, DeKalb, IL 60115.
EE. Walk - Through
Inspections
Walk Through Inspections
before the Termination Date will be permitted under the following conditions:
1. At
reasonable times, prior to Lease Termination Date, Lessor requires 24 hours
advance notice of Inspection. It must be mutually agreed, in writing.
2. At no
time will a Walk-Through Inspection prohibit Lessor from charging Tenant for undiscovered
items up to 30 days beyond Termination
Date of Lease.
3. Lessor is under no obligation to determine
the final disposition of Security Deposit refund amounts prior to physical work
being completed.
4. Tenant
must have Apartment in a condition to be ready to turn over possession including,
but not limited to removal of all clothing, furniture, and/or personal
possessions.
5. Lessor may point out items to Tenant that
would need additional cleaning, but is under no obligation to negate any
charges regarding such items if cleaned unsatisfactorily.
6.
Tenants or Lessor who
miss a scheduled inspection without good cause, said party shall
be liable to the other party Fifty ($50.00) and 00/100 Dollars as an attendance
fee.
7. Non-Tenants are not allowed in the Apartment
during the Walk-Through (i.e. Parents and guests.)
8. Lessor shall provide to Tenant, upon request,
a guide to determine approximate dispositions of Security Deposits at the
Walk-Through. Tenant understands and agrees at
no time does Lessor warrant this to be comprehensive and/or complete Disposition of a Security
Deposit, since the work by the contractors have not been
done, and credits as well as charges have not been fully assessed by
Lessor.
9. Lessor shall provide to Tenant following the
Walk-Through the Security Deposit Package
30 Days after Possession is turned over to Lessor. Furthermore,
Lessor shall supply to Tenant
all completed and final inspections including maintenance,
painting, and/or cleaning,
billings, and invoices. Tenant and Lessor agrees if Tenant doesn’t
take the time for the Walk-through, the final inspections will be deemed satisfactory to the
Tenant.
10. Only if a walk-through has been given to a
Tenant, will Lessor offer an additional opportunity to
contact Security Deposit Co-ordinator by fax,
(815) 756-1679 or by letter, (120 N. Annie Glidden Rd, DeKalb, IL 60115) or by
email (Security Deposits@ Masonproperties.com) to get the estimated times regarding the outcomes of
the final cleaning, and painting inspections, prior to the 30 days. Tenant may
use these inspections with estimated times, along with the guide to Security
Deposits to proximate Security Deposit Dispositions. Regardless, Lessor shall provide the detail
of these inspections as normal with the Security Deposit Disposition Package. Tenant understands and agrees, due to the
seasonal volume of work, at no time, will the Lessor accept phone calls
regarding the outcome of these inspections.
11. Tenant
further understands and agrees, at no time, does Lessor warrant the ability,
after Possession has been returned to
the Lessor, to
stop the repairing, replacing, and/or restoration of any Apartment to a
rentable condition. Furthermore, due to
the limited time frame to turn over the Apartment, Lessor will not schedule
additional inspections with Tenants, Tenants’ guests, Tenant’s Parents, make
special appointments with contractors, and/or attempt to delay work on any
Apartment after Possession has been turned over. Tenant and Lessor agree if
Tenant is overly concerned about the
outcome of such inspections, Tenant may employ a professional,
skilled tradesmen to estimate
time to repair, replace, or restore Apartment to a rentable condition prior
to the Termination Date.
12. Lessor shall provide the opportunity for
review and mediation of all Security Deposit
Dispositions.
FF. Violence/Firearms:
1.
Tenant, or any member of the Tenant’s household, a guest, or other person
under the Tenant’s control shall not engage in acts of violence, abusive
behavior, or threats of violence to Management, Sub-contractors, law enforcement
personnel, Security, other Tenants, or Guests of Tenants.
2.
Tenants agree and covenant to proper security and operation of firearms AT
ALL TIMES including, but not limited to, trigger locks, locked gun cases,
proper firearm permits. Tenant covenants to no unlawful use or display of
firearms, and/or the unlawful discharge of firearms, on or near the Premises.
3. Tenant and his Guests assume full liability
for Damages caused by unauthorized, inappropriate, unsafe, and/or improper
behavior in a violent and threatening manner toward Lessor, Lessor’s Agent, Management,
Sub-contractors, law enforcement personnel, Security, other Tenants, or Guests.
GG. Ice/Snow Removal
Lessor makes no implied or actual warranties
regarding ice and snow removal from sidewalks, porches, railings, parking lots,
Buildings, Common Areas, and/or Premises. Lessor will act reasonably to remove,
shovel, plough, and/or
snow-blow areas within a reasonable amount of time, but Tenant understands and
agrees to hold Lessor harmless from any actual or compensatory injury, damages,
or risk to Tenant, and/or Tenants Guests.
HH. APPLIANCE WAIVER
Any and all appliances that are furnished with the Apartment including
Refrigerators, Stoves, Microwaves, Dishwashers, and Washer/Dryer units (whether
in Apartment or in Laundry Room in proximity of Apartment, are used at Tenants
risk. Lessor assumes no liability for
lost change, Damage to garments, Damage to Tenants possessions, Damage as a
result of Tenant misuse, abuse or vandalism, and lost food (whether frozen or
unfrozen). Tenant agrees Lessor will NOT reimburse any and all damages as a
result of maintenance work issues, loss due to power outages, or malfunction of
unit or loss due to conditions beyond Lessors
control.
NOTES