WARNING: For the convenience of our tenants, we are
providing this electronic reproduction of our current rental lease. As provided on
the internet, it is only an example and does NOT constitute a legally binding contract in
part or in whole. Mason Properties is not responsible for
errors or omissions. Copyright © 2003-2004 Mason Properties
LEASE AGREEMENT
BETWEEN TENANT AND LESSOR
FOR RESIDENTIAL REAL ESTATE
Revised July 1st, 2003
This Lease is printed for use in the leasing of residential real estate by University Heights Apartments, Ashbury Court Apartments, James Court Apartments, Lynwood Apartments, Colonial East and West Townhouses, Mason Townhouse Suites, Old Orchard Townhouses, Cardinal Apartments, Timbercrest Apartments, and Normal Road Apartments; all of DeKalb, Illinois. St. Albans Greens of Sycamore, Illinois. Harrison View Apartments of Rockford, Illinois.
TABLE OF CONTENTS
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 Apartments, Cardinal Apartments, Colonial East Townhouses, Colonial West Townhouses, Harrison View Apartments, James Court Apartments, Lynwood Apartments, Mason Townhouse Suites, Normal Road Apartments, Old Orchard Townhouses, Timbercrest Apartments, St. Albans Greens, and University Heights Apartments.
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 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 Lessors 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, evictions 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 Guests 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 a 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 Lessors 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 Tenants 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.
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.
K. 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.
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 $100.00 in addition to any Damages including, but to 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 Tenants 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.
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.
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 Cares, Professional Services, and/or Fee Basis Service.
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, sewerage, 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.
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 component 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 be 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 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
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 effect the quantity of water or sewer consumed or used by Tenant. For example, if a Tenant fails to notice a leaking sink or toliet 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 effect 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.
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 basis 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 $100.00 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, 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, 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% 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 = $35.00 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 $35.00 + $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 $95.00 For the delivery of all court cases to our Attorney.
Collection: $10.00 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 $200.00 for the Re-letting an Apartment (Early Termination)
Visa Fee 3% of Transaction, Accepted by Lessor’s sole Discretion
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.
A. Ten days 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 $200.00 Re-letting fee for an Abandonment before Termination Date.
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 $0.15 per square foot. Deductions from the Security Deposit may include, but are not limited to, labor and supplies at the following costs:
CLEANING: $27.00 per hour (Includes labor and supplies)
PAINTING: $30.00 per hour (Includes labor and supplies)
MAINTENANCE: $34.00 per hour (This amount includes labor only)
(Supplies billed in accordance with Paragraph 21 herein)
CARPET CLEANING: $0.15 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 contractor’s 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. 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.
I. 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.
In addition to the rental due under this Lease, Tenant shall be responsible for paying a carpet cleaning charge of $0.15 per square foot carpet cleaning charge, or the contractor’s rate if it exceeds $0.15 per square foot, regardless of the condition of the carpet at the Termination of Tenant’s possession. Tenant understands and agrees to this charge. Nothing in this paragraph shall be interpreted to relieve the Tenant from damage to carpet which cannot be remedied by a customary cleaning.
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.
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.
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.
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.
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.
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
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 show 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.
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.
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.
2. Party Fine: As a penalty, a party Fine of $100.00 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.
3. Alcohol Fine: As a penalty a separate Fine of $100.00 may be issued 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 $50.00 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.
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 ($150.00 & $25.00/day), Delinquent Rent (Late Fees $7/Day, Management Fee($135.00), Parking Rules Violation ($30.00 per occurrence), Quiet Lifestyle (Party $100.00, Excess Alcohol $100.00, Noise $50.00), Vandalism ($100.00), Disorderly Conduct ($35.00), Clean-up ($35.00 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.