Fixed-Term Residential Lease
(each party must initial each page)
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:
_____________________________________________________________________.
Rental of
the Premises also includes ________________________________.
Rental of
the Premises does not include use of the garage. Landlord retains exclusive access to the
garage and occasional ingress/egress via the driveway during reasonable hours
of the day or evening.
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.
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 30 days written notice. Tenant may terminate the tenancy by giving the Landlord 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
[
X ] in person, at
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 ] cash
[
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.
Rent is
considered late if received by landlord after the 4th day of each month. 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. 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; and (4) accept
responsibility for the following:
a. Maintaining the lawn, including
mowing and other reasonable maintenance according to municipal guidelines. The house includes an adequate lawn mower for
the tenants use.
b. Removal of snow in a timely fashion,
salting public walkways as necessary, according to municipal guidelines.
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.
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.
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:
_____________________________________________.
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.
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. 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.
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