Fixed-Term Residential Lease
This
Agreement is entered into on __________________________________ between
______________________________________________________________________________
_____________________________________________________________________
("Tenant") and D3VON, LLC ("Landlord"). Each Tenant is jointly and severally
liable for the payment of rent and performance of all other terms of this
Agreement.
Subject to
the terms and conditions in this Agreement, Landlord rents to Tenant, and
Tenant rents from Landlord, for living purposes only, the Premises located at
___________________________________________________________________ ("the
Premises"), together with the following furnishings and appliances: stove,
refrigerator, _____________________________________________________________________.
Rental of
the Premises also includes ________________________________.
The Premises
are to be used for living purposes only for Tenant(s) listed in Clause 1 of
this Agreement, by the immediate family members of the Tenant(s), and by
additional occupants as defined in and only in accordance with RPL Sec. 235-f.
For purposes of this clause, immediate family members include a spouse, a
sibling, a child, a stepchild, a grandchild, a parent, parent-in-law,
stepparent or grandparent. In addition to the foregoing, the Premises may be
occupied from time to time by guests of the Tenant(s) for a period of time not
exceeding 15 days, unless a longer period is approved in writing by the
Landlord. No immediate family members, additional occupants or guests may
occupy the apartment unless one or more of the Tenants occupy the rental unit
as a primary residence, or unless consented to in writing by the Landlord.
a. Fixed-Term
The Term of the rental will begin on __________,
200__, and end on __________, 200__.
If Tenant vacates before the Term ends, Tenant will be liable for the
balance of the rent for the remainder of the Term. Should
the tenant fail to remove themselves and their property from the premises by
the time set
forth above, they shall forfeit 2 days rent from their security deposit for
every day that they are in possession of the property, or have their belongings
on the premises. Failure to return keys upon
vacating will result in a $50.00 charge plus labor to repair any damage created
by any resulting necessary forced entry.
b. Continuing Month-to-Month
At the end
of the Term, tenancy shall continue on a month-to-month basis. After the
expiry of the Term, Landlord
may terminate the tenancy or modify the terms of this Agreement by giving the
Tenant a minimum of 30 days written notice.
Tenant may terminate the tenancy by giving the Landlord a minimum of 30
days written notice.
Tenant will
pay to Landlord a monthly rent of $__________, and additional rent as
set forth below, payable in advance on the first day of each month, except when
that day falls on a weekend or legal holiday, in which case rent is due on the
next business day. Rent will be paid in the following manner unless Landlord
designates otherwise:
Rent and
additional rent will be paid:
[ X
] by mail, to 7 South Washington Street, Binghamton NY 13903
[ X
] in person, at 7 South Washington Street, Binghamton NY 13903 (dropbox)
There is a $25.00 rent pick-up fee in the event the
Landlord has to schedule rent pick-up.
Landlord will accept payment in these forms:
[ X
] personal check made payable to D3VON, LLC
[ X
] cashier's check made payable to D3VON, LLC
[ ] credit card
[ X
] money order
[ X
] electronic check or money transfer
For the
period from Tenant's move-in date, _________, 200__, through the end of the
month, Tenant will pay to Landlord the prorated monthly rent of $_________.
This amount will be paid on or before the date the Tenant moves in.
If Tenant fails to pay the rent or additional rent in
full before the end of the 4th day after it's due, Tenant will pay Landlord, as
additional rent, a late charge of $25.00
and a finance charge of 24% interest per year (.065753425% per day). Landlord does not waive the right to insist on payment of the
rent or additional rent in full on the date it is due.
If any check
offered by Tenant to Landlord in payment of rent or any other amount due under
this Agreement is returned for lack of sufficient funds, a "stop
payment" or any other reason, Tenant will pay Landlord a returned check
charge of $25.00.
On signing
this Agreement, Tenant will pay to Landlord the sum of $_________ as a security
deposit. Landlord will deposit this security deposit in __________________ financial
institution at ___________________________. If the building in which the
Premises is located contains six or more units, or if the unit is
rent-stabilized, the security deposit will earn interest. Tenant may not,
without Landlord's prior written consent, apply this security deposit to the
last month's rent or to any other sum due under this Agreement.
If, within 60 days after Tenant has vacated
and left the Premises in as good condition as it was found, except for normal
wear and tear, Tenant has returned keys and provided Landlord with a forwarding
address, Landlord will return the deposit in full or give Tenant an itemized
written statement of the reasons for and dollar amount of any of the security
deposit retained by the Landlord. Landlord may withhold all or part of Tenant's
security deposit necessary to: (1) remedy any default by Tenant in the payment
of rent; (2) repair damage to the Premises, except for ordinary wear and tear
caused by Tenant; (3) clean the Premises if necessary, and (4) compensate
Landlord for any other losses as allowed under law.
Tenant will
pay all utility charges, except for the following, which will be paid by
Landlord:
Water, sewer_________________________________________________.
a.
Assignment. Tenant
will not assign this Agreement without the Landlord's prior written consent.
Prior to any assignment, Tenant must request permission to assign from the
Landlord, in writing, and in the manner required by Real Property Law Sec.
226-b. Landlord may refuse to consent to an assignment for any reason or for no
reason, but if the Landlord unreasonably refuses consent, Tenant may terminate
this Agreement upon thirty days' notice.
b.
Subletting. Tenant
will not sublet any part of the Premises without the Landlord's prior written
consent.
1) If the
building in which the Premises are located contains fewer than four (4) units,
Landlord may refuse to consent to Tenant's sublet request for any reason or for
no reason.
2) If the
building in which the Premises are located contains four (4) or more units,
Tenant must request permission to sublet from the Landlord, in writing, and in
the manner required by New York Real Property Law Sec. 226-b. Landlord may not
unreasonably refuse to consent to Tenant's proper request to sublet.
c. Fees. Landlord may impose a reasonable
fee on Tenant in connection with the review and processing of any Tenant
request or application to assign or sublet.
Tenant will: (1) keep the Premises clean, sanitary and
in good condition and, upon termination of the tenancy, return the Premises to
Landlord in a condition identical to that which existed when Tenant took
occupancy, except for ordinary wear and tear; (2) immediately notify Landlord
of any defects or dangerous conditions in and about the Premises of which
Tenant becomes aware; (3) reimburse Landlord, on demand by Landlord, for the
cost of any repairs to the Premises damaged by Tenant or Tenant's guests or
business invitees through misuse or neglect; (4) test and maintain smoke alarms which are
present and operational in the unit; (5) not leave personal belongings outside
of the unit overnight; this includes any common areas inside the building; (6)
purchase official City bags (aka green bags) at
tenants expense for City garbage collection.
Garbage must be stored in the designated area in sealed containers
provided for the tenant. Tenant is responsible for placing items at the curb
after 6:00 PM the night before scheduled collection (scheduled according to
municipal policy). Tenant agrees to pay
$25.00 for trash removal per occasion should the Landlord dispose of Tenant
trash; if the Tenant fails to abide by these garbage removal responsibilities,
the Landlord , at his discretion, may require the Tenant to pay for a garbage
removal service; (7) not paint or alter of the premises without the Landlords written
consent. Wallpaper borders are prohibited.
"Sponge effect" paint is prohibited; (8) Tenant bears full
responsibility for damage of any kind to the property while in his / her
possession. Landlord
assumes no responsibility for damage to any property belonging to or under the
control of the Tenant. Tenant shall carry renters insurance and name D3VON,
LLC as an additional insured.
Tenant has examined the Premises, including appliances,
fixtures, window coverings and carpeting, if any, and has found them to be in
good, safe and clean condition and repair.
a. Except as
provided by law, or as authorized by the prior written consent of Landlord,
Tenant will not make any repairs or alterations to the Premises, including
painting, wallpapering or nailing holes in walls. Tenant must not change the
plumbing, ventilating, air conditioning or electric or heating systems.
b. If Tenant
re-keys or installs any locks to the Premises or installs or alters any burglar
alarm system, Tenant will provide Landlord with a duplicate key or keys capable
of unlocking all such re-keyed or new locks as well as instructions on how to
disarm any altered or new burglar alarm system.
Although the
Landlord will not prohibit smoking inside Tenants unit unless there is a
nuisance or danger to other Tenants of the building, Tenant is prohibited from
smoking in areas common to other Tenants.
If Tenant and / or their guests do smoke in sufficient duration and / or
quantity so as to require a repainting of their unit, the cost of said
repainting will not be considered normal wear and tear and will the cost of
said repainting will be deducted from the security deposit upon vacation the
premises.
Tenant is
entitled to quiet enjoyment of the Premises. Tenant and guests or invitees will
not use the Premises or adjacent areas in such a way as to: (1) violate any law
or ordinance, including laws prohibiting the use, possession or sale of illegal
drugs or controlled substances; (2) commit or permit waste (severe property
damage); or (3) create a nuisance by annoying, disturbing, inconveniencing or
interfering with the quiet enjoyment and peace and quiet of any other tenant or
nearby resident, or their safety or comfort, or engage in any other
objectionable conduct.
(1) After
10:00 PM and before 8:00 AM, Tenant shall keep their own
noise level at or below a level that would interfere with a neighboring
Tenants ability to sleep or meditate.
Three complaints from any neighboring Tenant with regard to the
violation of this clause by the Tenant constitute a breach of this Agreement
which will result in the termination the Agreement; upon such termination, the
Landlord will give the Tenant a written termination notice; (2) if the Tenants
unit is above another unit, the floors of Tenants
unit must be covered with rugs or carpeting or equally effective noise reducing
material, to the extent of at least 80% of the floor area of each room, in
areas of high foot traffic in particular, excepting only kitchens,
pantries, bathrooms, and closets.
No animal,
bird or other pet will be kept on the Premises, without the Landlord's written
consent, except service animals needed by blind, deaf or disabled persons and
__________________________________ under the following conditions:
_____________________________________________.
In the event that Tenant has a dog, Tenant will have dog bite liability
insurance providing $300,000 in liability coverage at a minimum.
Landlord or
Landlord's agents may enter the Premises in the event of an emergency, to make
repairs or improvements or to show the Premises to prospective buyers or
tenants. Landlord may also enter the Premises to conduct an annual inspection
to check for safety or maintenance problems. Except in cases of emergency,
Tenant's abandonment of the Premises, court order, or where it is impractical
to do so, Landlord shall give Tenant reasonable notice before entering the
Premises.
Tenant will
notify Landlord in advance if Tenant will be away from the Premises for 10 or
more consecutive days. During such absence, Landlord may enter the Premises at
times reasonably necessary to maintain the property and inspect for needed
repairs.
a.
Tenant's failure to take possession. If, after signing this Agreement, Tenant fails to take
possession of the Premises, Tenant will still be responsible for paying rent
and complying with all other terms of this Agreement.
b.
Landlord's failure to deliver possession. If Landlord is unable to deliver possession of the
Premises to Tenant for any reason not within Landlord's control, including, but
not limited to, partial or complete destruction of the Premises, this Agreement
shall remain in effect. Tenant's obligation to pay rent shall not begin,
however, until such time as the Premises are made available to Tenant for
occupancy. Landlord shall notify Tenant of the date that the Premises are
available for occupancy. If Landlord fails to deliver possession to the Tenant
within 30 days after the date this Agreement begins, Tenant, may elect to
terminate the Agreement on written notice to the Landlord, and Landlord shall
refund to Tenant any sums previously paid under this Agreement. Landlord shall
not be responsible for Tenant's damages or expenses caused by any delay in
delivering possession.
a. If Tenant fails to pay rent or
additional rent after a personal demand for rent has been made by the Landlord
or Landlord's agent, or within three days after a written demand for rent has
been made by Landlord or Landlord's agent or attorney, Landlord may begin legal
proceedings to evict Tenant and Tenant's occupants from the Premises.
b.
If Tenant otherwise defaults under this Agreement by:
1) failing to comply with any other term or rule of this
Agreement, or
2) permanently moving out before this Agreement expires then
Landlord must give Tenant notice of default stating the type of violation and
directing Tenant to cure the violation within 10 days. If Tenant fails to cure
the default within the time stated, Landlord shall terminate the Agreement by
giving the Tenant a written termination notice. The termination notice will
give the date the Agreement will end, which shall not be less than 10 days
after the date of the notice. If Tenant and Tenant's occupants fail to move out
on or before the termination date, Landlord may begin legal proceedings to
evict the Tenant and Tenant's occupants from the Premises.
If
the Tenant is found in violation of
any of the terms of this agreement he / she authorizes
the Landlord to use security deposit money to correct the defect. The Tenant hereby
agrees that the term of the lease will revert to a month to month agreement,
after notification by the Landlord
to the Tenant of
the Tenant's violation of the agreement.
This notification will be made by personal service or, by serving the
notice by posting on the door of the unit, or other suitable place at or near
the entrance area to the living unit. Personal
Service is agreed to include delivery of the notice to any occupant at the
living unit that appears to be in control of the unit, whether they are or not.
In any legal
action or proceeding to enforce any part of this Agreement, the prevailing
party [ ] shall not [
X ] shall recover reasonable attorney fees and court costs.
a. Jury
trial. Landlord and
Tenant agree to give up their right to a trial by jury in any action or
proceeding brought by either against the other for any matter concerning the
Agreement or the Premises. This does not include actions for personal injury or
property damage.
b.
Counterclaims.
Tenant agrees to give up the right to bring a counterclaim or set-off in any
action or proceeding by Landlord against Tenant on any matter directly or
indirectly related to the Agreement or the Premises.
Tenant
acknowledges that Landlord has made the following disclosures regarding the
Premises:
[ X ]
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
[ ] Other disclosures:
______________________________________________________
If all or
part of the Premises becomes unusable, in part or totally, because of fire,
accident or other casualty, the following shall apply:
a. Unless the Agreement is terminated
pursuant to Subparagraphs b or c, below, Landlord will repair and restore the
Premises, with this Agreement continuing in full force and effect, except that
Tenant's rent shall be abated based upon the part of the Premises which are
unusable, while repairs are being made. Landlord shall not be required to repair
or replace any property brought onto the Premises by Tenant.
b. In the event that Landlord wishes to
demolish or substantially rebuild the building in which the Premises are
located, the Landlord need not restore the Premises and may elect instead to
terminate this Agreement upon written notice to Tenant within thirty (30) days
after such damage. If the Premises are partially usable, this Agreement will
terminate 60 days from the last day of the calendar month in which Tenant is
given the Landlord's termination notice.
c. If the Premises are completely
unusable and the Landlord does repair the Premises within 30 days, Tenant may,
upon written notice, elect to terminate this Agreement, effective as of the
date the damage occurred.
a.
Notices to Tenant.
Any notice from Landlord, or Landlord's agent or attorney will be considered
properly given to Tenant if in writing; signed by or in the name of the
Landlord or Landlord's agent; and addressed to Tenant at the Premises and
delivered to Tenant personally, or sent by registered or certified mail to
Tenant at the Premises, or by posting
on the door of the unit, or other suitable place at or near the entrance area
to the living unit. The
date of service of any written notice by Landlord to Tenant under this
Agreement is the date of delivery or mailing of such notice.
b.
Notices to Landlord.
Any notice from Tenant will be considered properly given to Landlord if in
writing and delivered or sent to Landlord by registered or certified mail at the
following address: 7 South Washington Street, Binghamton NY 13903 or at
another address for which Landlord or Landlord's agent has given Tenant written
notice.
When this
Agreement expires or is terminated, Tenant must remove all personal property
and belongings from the Premises. If any of Tenant's property remains in the
Premises after the tenancy ends, Landlord may either discard the property or
store it at Tenant's expense. Tenant agrees to pay Landlord for all costs and expenses
incurred in removing and/or storing such personal property. The terms of this
clause will continue to be in effect after the end of this Agreement.
Tenant
agrees that if police are called to the premises
on more than 2 occasions, other than
during
routine general investigations not directed specifically toward the tenant, or,
if any warrant is executed at
the premises whereby police make forced entry,
the tenant agrees to notify D3VON, LLC immediately of any such activity. Tenant agrees to become a month to month
tenant immediately upon any such warrant being executed.
Tenant
understands that D3VON, LLC has zero-tolerance related to drug
activity, and should any employee or representative
uncover or suspect such activity is taking place on any D3VON, LLC owned or
managed property, such suspected use or possession shall immediately be
referred to the proper authorities, and this agreement shall be considered null
and void.
If any
portion of this Agreement is held to be invalid, its invalidity will not affect
the validity or enforceability of any other provision of this Agreement.
a. Entire
agreement. This
document constitutes the entire Agreement between the parties, and no promises
or representations, other than those contained here and those implied by law,
have been made by Landlord or Tenant. Any modifications to this Agreement must
be in writing signed by Landlord and Tenant.
b. No
waivers. Only a
written agreement between the Landlord and Tenant may waive an obligation or
violation of this agreement. A waiver may not be implied by the Landlord's acceptance
of rent, or failure to take immediate action against the Tenant, while the
Tenant is violating one or more provisions of this agreement.
________________ _________________________________ (607) 651-6833
Date Landlord
or Landlord's Agent
D3VON,
LLC
________________ _________________________________ __________________
Date Tenant Phone
________________ _________________________________ __________________
Date Tenant Phone
________________ _________________________________ __________________
Date Tenant Phone
________________ _________________________________ __________________
Date Tenant Phone