LEASE AGREEMENT
This agreement made this day _____________ between ____________,
Known as lessors and binding all jointly and severally:
_________________________ SS # ___________________
_________________________ SS # ___________________
_________________________ SS # ___________________
_________________________ SS # ___________________
_________________________ SS # ___________________
_________________________ SS # ___________________
Known as lessees, witness that the lessors have agreed to let and hereby do let to the lessees, and the lessees have agreed to take and hereby do take from the lessors the following premises:
With the privileges and appurtenances for and during the term beginning at 9:00 am on _______________________ and ending at 9:00 am on _________________________.
The lessees agree to pay the lessors for the use of said premises a total rent of $______________ payable in total on the commencement date of this lease or in ______ equal payments of $_______________, with the first payment due on the commencement date of this lease and all other payments due on the _________of each month in advance. Lessor will not accept a cash payment. The rent is due at the lessors' office: Kimball Real Estate, 186 Pleasant Grove Road, Ithaca, New York, 14850; (607) 257-0313. The office is open Monday-Friday, 9 am -5 pm and by appointment.
Please make checks payable to:
A charge of $30.00 will be added to any rent paid more than five days after it is due. Further, an additional charge of $30.00 will be added to any rent paid more than ten days after it is due. This charge is not to be considered a penalty but as liquidated damages for late rental payment. If said rent, or any portion of rent, is still unpaid ten days after it becomes due, it is agreed that the lessors may sue for the same, or re-enter said premises, or resort to any legal remedy. In the event that any of the lessees must leave the premises, or fail to occupy for any cause whatsoever, the remaining lessees shall be required to pay the total amount of rent specified at the required time. The lessees understand that they are obligated to pay rent for the entire period of this lease and that periodic payments provided for elsewhere in this lease are for their convenience only. The lessees agree that if they fail to make any of the periodic payments within a reasonable time after said payment becomes due (not to exceed 15 days under any circumstance) or fail to comply with any other material provision of this lease the lessors may demand payment of all remaining amount due under this lease at lessors option. This provision takes precedence over any other provision or section of this lease.
It is expressly agreed that the lessees shall deposit with the lessors the LAST RENTAL PAYMENT and a SECURITY DEPOSIT EQUAL TO 125% (1 ¼) OF ONE RENTAL PAYMENT. The security deposit is $_______________ and the last rental payment is $________________, the total is $_______________ .This is due on/or before ____________________. The amount paid herein equals $___________________; the balance is $___________________. If the full deposit is not paid by the specified due date, monies collected to date are non-refundable and lessors reserve the right to terminate this agreement and to re-show and re-lease the premises described above. The lessors can, also at their discretion, hold the lessees liable for the apartment for the entire lease period.
The security deposit shall be used to insure the faithful performance by the lessees of all covenants of this lease and also to finance any repairs required caused by the negligence or deliberate action of the lessees and/or their visitors. Lessees liability is not limited to the amount of the security deposit but the lessee are responsible for the entire amount of damages. The security deposit will also be used to finance the cleaning of the premises or appliances and/or removal of lessees personal belonging that must be done at the end of the lease due to lessees failure to do same. Lessees may not use the security deposit for payment of rent due. Interest will be paid on the security deposit in accordance with New York State law. The security deposit in full or an amount after deductions will be processed 30 days after lease termination. The second installment of the Tompkins County Solid Waste Fee will be automatically withdrawn from the lessees' security deposit. To ensure expedient delivery, the lessees shall present lessor with a forwarding address. Security deposits are held at M&T Bank.
The lessees will pay the following utilities: ________________________. The lessees agree to use New York State Electric and Gas budget plan, if available, in order to obtain equal monthly payments. Lessees agree not to disconnect electrical or gas service until termination of lease.
It is further agreed that the above premises may be used for no purpose other than a private dwelling. All alterations, including painting, are prohibited unless written approval of the lessor is obtained. Any fixture installed by the lessees shall become the property of the lessors, unless lessees choose to remove said fixture and restore the pertinent are to its prior condition. Lessees shall make no noise, action or negligence to cause hazard, nuisance or irritation to others, even those not mentioned in this lease. Also, lessees shall not perform or permit any illegal activities on the premises. The lessees further agree to use all reasonable precaution to prevent excessive use of utilities and to prevent said premises from being destroyed or injured by fire or otherwise, and to act in such a manner as to keep their respective living area and other accessible areas of the premises in a clean and healthful condition.
The lessees may sublet said premises subject to lessors' written approval. Said approval not to be unreasonably withheld. Lessors will not be a party to any sublet agreement and the lessees remain responsible for all the conditions and obligations under this lease and for insuring the sublessees' performance of said conditions and obligations. Lessees are still responsible for payment of rent to lessor.
Should the lessees subsequently opt not to occupy the above premises (for all, or any portion, of the above lease term) and are not able to obtain sublessees, it is herein agreed that the lessees will commence rental payments at the specified time and continue to equal monthly installments until the lease term expires or until sub-lessees are obtained. Should lessees violate this covenant, all advance rents and security deposits are non-refundable. Further, the lessee is directly liable for any loss of rent incurred by the lessors (related to the above-described premises for the above specified lease term) and can be sued for same. In addition the lessees will be charged for any expense incurred and time spent by the lessors in attempting to find a new lessee. In the event that the above mentioned lessees obtain a new tenant the lessors, at their discretion, can release the lessees and sign a new lease. A service fee of $75.00 will be charged.
The lessees are responsible for obtaining their own renter's insurance for personal property and any liability, which may occur on the premises as a result of their negligence.
It is agreed that the lessors or lessors' agents shall be permitted to enter said premises at reasonable times to examine same or to make such repairs thought necessary by the lessors; and also to be permitted to pass through the premises at reasonable time for the purpose of showing the same to persons wishing to lease or purchase the same.
No pets or visiting animals will be permitted. In the event that pets are discovered on the premises during the term of the lease, it is understood that said violation shall result in a $75.00 automatic deduction from security deposit for each pet and each instance to cover flea treatments/carpet cleaning etc. for premises and other liquidated damages. Continual violation will result in eviction.
The lessees shall provide their own lightbulbs, curtains and shower curtains. All window curtains must have a white backing.
No passageways, interior or exterior, are to be blocked in any way.
A charge of $15.00 per unreturned key will be made.
A charge of $30.00 will be made for any rent check returned by the bank.
All trash must be placed in sealed plastic bags and taken to the designated disposal area. Lessees will be charged a substantial fee if the lessors have to perform these duties for the lessees. Lessees agree to comply with all government ordinances mandating recycling. Any and all penalties assessed against the lessor for non-compliance will in turn be assessed against all lessees. The lessors reserve the right to pass on to the lessees any special collection or tipping fees assessed against the lessor. Solid waste user fees will be passed on to lessees. Lessee agrees to place their trash in 32-gallon cans and tag the same at their own expense if lessor should decided to use this method of trash disposal.
Lessees must keep fireplace dampers closed when fireplace is not in use in order to make heating most effective. Firewood must be stored outdoors.
Lessees are not to shut off their heat during the winter as this may cause freezing of water pipes and any resulting damage to the premises will be assessed against the lessees.
Space heaters are not allowed on said premises.
Cars are to be parked in the designated areas. The parking areas are to be used only for passenger cars actually in use. Parking areas are not to be used for unregistered vehicles. Trucks or other large vehicles are prohibited. No repair work to any type of vehicle shall be carried on/or in the premises.
All record players, radios, TV sets, etc., must be kept at a volume below that which is a reasonable level to other tenants.
While the lessees may have guests and visitors, the premises are expressly for their own use and they many not invite anyone to take up residence on the premises.
The lessors are responsible for making all repairs except those being the result of the lessees or their visitors negligence or deliberate action. The lessors also are responsible for all maintenance of grounds. The lessees are responsible for snow removal on any walks leading from the premises.
Lessees are not to use tape of any kind on the walls. Small nails or thumbtacks are to be used instead.
Notification of lease renewal must be given by November 1 or lessees risk having premises rented to a new tenant. Renewal form and all deposits are due on November 1 unless granted an extension by the lessor.
All plumbing shall be used for only that purpose for which it is constructed. All articles such as tampons, paper towels, etc., should be placed in waste paper baskets. Any damages or maintenance resulting from the misuse of plumbing shall be borne by the lessees.
Prepayment of January, June and July rent is required on the first day of December and may respectively, in the form of a check, which can be postdated for the appropriate month. If your lease begins in June, August's rent should also be prepaid in May by postdated check.
Waterbeds are banned except in ground floor apartments.
If a lessee is locked out during office hours, which are Monday-Friday 9:00 am to 5:00 pm, lessees should come to the office to borrow a key long enough to unlock the door. Identification will be required. If a lessee is locked out during non-office hours, the lessors or lessors' representative may elect to come to unlock the lessee's door a minimum $25.00 charge, payable at that time. Identification must be shown to the person who is unlocking the door for the tenant.
If the lessees, their sublessees or guests shall remain in possession of said premises after the termination of this lease, the lessors shall have the right to assess the lessees liquidated damages in the amount of twice the rent for that time. In addition, should said possession beyond the lease term in any way cause the lessors the loss of a new lease, the holding over may, at the lessors' discretion, be treated as a renewal by the lessees for another year upon the same terms and conditions as under this lease and at the new rental price per month that a new lessee would have paid. All of the terms of this lease shall be and remain in full force for the renewal term.
If the lessees leave any personal property in the apartment beyond the normal term of this lease, or beyond the termination of this lease as a result of default by the lessees or otherwise, the property will be considered abandoned. The lessors will not be responsible for said property. They may elect to store said property in the apartment or elsewhere and charge the lessees a removal fee and a storage fee. The daily storage fee shall be equivalent to the greater of either the monthly rent installment apportioned on a daily basis, or the actual cost to the lessors of storing said property. If said property remains in the apartment or elsewhere stored by the lessors in excess of fifteen (15) days after lessees abandonment, the lessors may consider that the lessees have transferred all their rights, title and interest in said property to the lessors, and the lessors may dispose of said property as they choose. The lessors' disposition of any such property, shall not release the lessees from any claim or liability or any other obligation arising from this lease, and lessees shall make no claim and releases the lessors from any claim that the lessees might have in the event of such disposition.
If the lessees fail to abide by any of the covenants of this lease then the lessors may take whatever action is deemed necessary to correct such violation even to include the action of eviction. If the latter action is necessary the lessees are still responsible for all rents due until the lessors can secure a new tenant. The lessees will be charged for any expenses incurred and time spent by the lessors in consummating this new tenancy.
In the event that it shall become necessary for the lessors to enforce any covenant or condition contained in this lease against the lessees by any action or proceeding at law, the lessees agree to pay the lessors the reasonable fees of their attorneys in connection with the prosecution of said action and proceeding at law.
Any bill, statement, notice or communication which the lessors may desire or be required to give to the lessees, including any notice of termination shall be in writing and shall be deemed sufficiently given or rendered if it is delivered to the lessees personally or sent by registered or certified mail addressed to the lessees at the time of the rendition of such bill or statement or the giving of such notice or communication shall be deemed to be the time when the same is delivered to the lessees, mailed, or left at the premises as above provided.
If any provision of this lease shall be held invalid it shall be severed from this agreement and the remaining sections shall remain in force for the remainder of the term. This lease shall be binding on the parties hereto and upon their successors, heirs, executors and administrators.
SIGNED THIS DAY: ___________________________________
AGENT FOR LESSOR: ________________________________
LESSEES:
___________________
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