Sample. 21 Sabina Circle Leicester (Rochdale), MA 01542

Transcription

1 Sample 21 Sabina Circle Leicester (Rochdale), MA Clause 1. ldentlflcation of Landlord and Tenant This Agreement is entered into between and ("Tenants") and Gregory S. Arnold ("Landlord"). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. Clause 2. ldentiflcalion of Premises Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential purposes only, the premises located at 21 Sabina Circle, Rochdale, MA 01542, ("the premises"), together with the following furnishings and appliances: Appliances: Washer and dryer; refrigerator with ice maker; microwave; oven; stove; garbage disposal; barbeque on deck. Power Outages Tenants understand there will be power outages that are beyond the control of Landlords Tenants understand Landlords are not responsible for any damage caused to Tenants' property by power outages and Landlord is not responsible for the cost or expenses incurred by Tenants in finding replacement housing, hotels, motels, etc., or cost of meals outside the home, due to power outages. l

2 Water Not To Be Used During Power Outages The property is serviced by well water and a well pump and motor. Tenants understand any attempt to run water during a power outage will result In expensive repairs to the well pump and motor. Therefore, Tenants agree not to run water for any purposes, including bathing or flushing toilets, during a power outage, unless and until the emergency generator, discussed below, has been activated to restore some power to the home. Emergency Generator for Power Outages An emergency generator is located in the garage. A manual transfer switch is in the electrical closet in the basement. Tenants agree that, unless being used, the emergency generator should remain in the garage for the period covered by this lease. The generator must be used in a ventilated and safe area outside of the home. The generator should never be used In the basement or garage. For assistance in connecting the generator lo the home consult a qualified electrician. Lawn Care: Cutting of the Grass: Tenants are responsible for cutting of the grass. Rental of the premises includes use of one Craftsman lawn tractor. Tenants may use the lawn tractor provided, or hire a lawn service. If tenants elect to use the lawn tractor, they will use it with normal care and in a safe manner and maintain it per the manufacturer's recommendations. Tenants agree to keep the grass cut to a level that does not offend the neighbors, does not pose a nuisance and does not create a risk of damage to the lawn or lawn mowers/tractors. Landlords currently use the services of Collins Lawn Services. Tenants may contract with whom they choose, or self perform lawn service. 2

3 Irrigation of the Lawn: There is no sprinkler system. Tenants agree to use the garden hoses and sprinkler attachments provided, or other suitable hoses/sprinklers, to irrigate the lawn at intervals and durations that would protect the lawn. Water is free from the well. Collins Lawn Services can recommend appropriate intervals and durations. Tenants agree to pay for any damages to the lawn, such as cost of labor and materials for replacement/ correction of damaged grass, except for items beyond the control of Tenants, such as unexpected or uncontrollable insect or other animal infestation. Tenants will repair any lawn damage caused by pets and/or removal of children's' play equipment. Seeding, Fertilizing, Lime Treatment of the Lawn: Tenants agree to pay for a minimum of recommended services for care and maintenance of the lawn. This includes one or two lime treatments per growing season (may be before or after active growth) and one or two applications of fertilizer. Seeding would only be necessary in the event Tenants allow damage to occur to the lawn. A landscaper can make appropriate recommendations for minimal care and maintenance. Snow Removal: Tenants are responsible for snow removal from the driveway and from around the mailbox. Landlords currently use the services of Paul. Tenants may contract with whom they choose. Tenants may self-perform this service and may store a snow blower in the garage or on the patio below the deck. 3

4 Maintenance and Repairs: A. Air Conditioning Landlords have a service contract with McDonald Heating and Air Conditioning in Leicester. In the event of need for air conditioner service or repair, Tenants agree to call Landlords at (509) so that Landlords can arrange for proper service. Tenants agree to change the return air filter at the top of the stairs on a monthly basis during the air conditioning season (typically August-September-October). Tenants are not required to use the air conditioning. Tenants understand the air conditioning unit has Its own thermostat at the top of the stairs. This is not used for controlling heat. B. Heating System Landlords have a service contract with McDonald Heating and Air Conditioning in Leicester. In the event of need for heating system service or repair, Tenants agree to call Landlords that Landlords can arrange for proper service. Tenants understand there are three heating zones, each with its own thermostat. These are for heating control only, and have nothing to do with controlling the air conditioner. Tenants will avoid making the air conditioner and heating units compete with one another. C. Garage Door Landlords have a service contract with Overhead Door Company of Worcester. In the event of need for garage door service or repair, Tenants agree to call Landlords so that Landlords can arrange for proper service. D. Water FIiter for the Washing Machine Tenants agree to either replace the filter for the washing machine water at three month Intervals (or sooner if turned completely black) at Tenants' expense for parts and labor, or to allow reasonable access to Landlords and/or their property managers/ maintenance workers who will change the filter at no cost to Tenants for parts or labor. 4

5 E. Other Repairs For Normal Wear and Tear Landlords are responsible for making normal repairs for normally worn items, such as the garbage disposal. Clause 3. Limits on Use and Occupancy The premises are to be used only as a private residence for Tenants listed in Clause 1 of this Agreement, and the following minor children: Occupancy by guests for more than ten (14) consecutive days is prohibited without Landlord's written consent and such occupancy without Landlord's consent will be considered a breach of this Agreement. Clause 4. Term of the Tenancy The term of the rental will commence xx, 2018, and terminate on xx, 201X. If Tenants vacates before the term ends, Tenants will be liable for the balance of the rent for the remainder of the term. In the unexpected event that the income earner for Tenants loses his/her job, or is involuntarily transferred more than forty (40) miles from 21 Sabina Circle, Leicester (Rochdale), MA 01542, and Tenants produce a verifiable letter from employer confirming such change, then Tenants, upon giving thirty (30) days written notice, will not suffer the lease-breaking penalty stated in this Clause 4. 5

6 Clause 5. Payment of Rent Regular monthly rent. Tenants will pay to Landlords a monthly rent of Three Thousand Seven Dollars ($3,000.00), 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 to "Gregory S. Arnold and Sherry L. Arnold" and mailed to or at such other place as Landlords may designate. Form of payment- Landlord will accept payment in these forms: [,J] personal check or check from a Tenant's employer [,J] cashier's check [,J] money order Clause 6. Late Charges If Tenant fails to pay the rent in full before the end of the third (3rd) day after it's due, Tenant will pay Landlord a late charge of $25.00, plus $25.00 for each additional day that the rent remains unpaid. The total late charge for any one month will not exceed $ times 27 days. By not immediately insisting upon rent or late charges the Landlord does not waive the right to Insist on payment of the rent in full on the date it is due or to insist upon payment of late charges. Clause 7. Returned Check and Other Bank Charges 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, or the actual charge by Landlord's bank.. Clause 7.1. First and Last Month Month's Payment On signing this Agreement, Tenants will pay to Landlords the sum of Six Thousand Dollars ($6,000.00) as a prepaid, non-refundable first and last month's payment. 6

7 Clause 8. Security Deposit On signing this Agreement, Tenant will pay to Landlord the sum of Three Thousand Dollars ($3,000.00) as a security deposit. Tenant may not apply this security deposit to the last month's rent or to any other sum due under this Agreement. Within thirty (30) days after Tenants have returned keys, garage door openers, vacated the premises and provided Landlords with a forwarding address, Landlords will give Tenants an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by the Landlord, if any, along with a check for any deposit balance. The security deposit will be maintained in Landlords' interest bearing account in Landlord's bank in Massachusetts. Clause 9. Utllltles 9.1 Required Utilities Tenants will directly pay all utility charges, including garbage and recyclables pickup; sewer; electric; oil; propane. 9.1 A 011 and Oil Tank Tenants understand that if the oil tank is allowed to go below a certain level, that is not completely empty, the oil company will charge an extra fee to prepare the tank and/or Peerless Furnace prior to delivering oil. Tenants understand these charges/fees are the responsibility of Tenants. 9.1 B Propane and Propane Tank The propane tank is located under the deck. Tenants understand that if the propane tank is allowed to become empty, the propane company will charge an extra fee to service the three fireplaces before delivering propane. Tenants understand these charges/fees are the responsibility of Tenants. Existing Utility Companies: Landlords currently use Superior Oil (Millbury) and Arrow Gas. Tenants have a choice as to whom they use. 7

8 9.2 Optional Utilities or Services Tenants will directly pay for any option utilities or services tenants desire, such as landline telephone(s); satellite TV (there is one dish on the chimney); cable TV, internet I wi-fi and securitylburglary alarm system. 9.3 List of Service Providers A list of service providers is available at Clause 10. Assignment and Subletting Tenants will not sublet any part of the premises or assign this Agreement. Clause 10. Maintenance Responsibilities 10.1 By Landlords - Landlords have an annual service contract with McDonald Heating and Air Conditioning for periodic and as-need repairs and service to the air conditioning unit and the healing system By Tenants - Tenants will: (1) keep the premises clean, sanitary, and in good condition and, upon termination of the tenancy, return the premises lo Landlords in a condition Identical to that which existed when Tenant took occupancy, except for ordinary wear and tear: (2) immediately notify Landlords of any defects or dangerous conditions in and about the premises of which Tenants becomes aware: and (3) reimburse Landlords, on demand by Landlords, for the cost of any repairs to the premises damaged by Tenants or Tenants' guests or business invitees through misuse or neglect. Tenant has examined the premises, including appliances, fixtures, carpets, drapes, and paint, and has found them to be in good, safe, and clean condition and repair, except as noted in the Landlord!Tenant Checklist. A checklist is available at 8

9 Clause 12. Repairs and Alterations by Tenant a. Except as provided by law, or as authorized below, or by the prior written consent of Landlord, Tenant will not make any repairs or alterations to the premises. Tenants agree to call Landlords in the event of items needing attention, including life safety issues that may require immediate attention, so Landlords can have the first opportunity to make repairs. b. Tenant will not, without Landlord's prior written consent, alter, rekey, or install any locks to the premises or install or alter any burglar alarm system. c. Improvements I Additions To The Home And/Or Lot Tenants may erect any manner of childrens' swings, slides, shutes, ladders, etc. in the backyard. It is Tenants' responsibility to remove such items at the time of vacating the premises. Tenants may install an electric or electronic fence for purposes of containing its pet(s). If Tenants wish to erect a visible fence, Tenants must first receive Landlords' written approval as to location (fence lines) and quality and appearance of said fence. Said fence would need to blend well with similar fences in the neighborhood and not extend beyond 1 O feet of the home on the left, leaving most of the lot on the left side of the home in is natural state. The right side of the home has the driveway, and Tenants may place an approved fence up to the approximate location of the red maple tree at the top right corner of the driveway looking at the conservation area from the street. Painting of bedrooms is permitted, any color. Landlords' permission in writing would be required for painting of other rooms. Such permission would not be unreasonably withheld. 9

10 Tenants are free to have any contract with Direct TV or any other vendor of TV reception, radio reception, etc., at Tenants' sole choice, cost and expense. Tenants may use the existing satellite dishes on the chimney, or remove it and install others. No combination of old or new dishes should exceed a total of 2. If new dishes are required/desired, Tenants should dispose of the old dishes in an appropriate manner. Clause 13. Violating Laws and Causing Disturbances 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; (2) commit 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. Clause 14. Pets No animal, bird, or other pet will be kept in the house, except properly trained service animals needed by blind, deaf, or disabled persons, and not more than two dogs at a time that are properly registered with Worcester County, without Landlord's prior written consent. The yard is not fenced. Tenant may have visitors with dogs at any time without written permission, subject to the other terms of this lease for notice if there are visitors for more than fourteen (14) consecutive days. 10

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13 Clause 19. Disclosures Tenant acknowledges that Landlord has made the following disclosures regarding the premises: [ ] Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards This home was built in 2002/2003. LEAD WARNING STATEMENT Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known leadbased paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. By their initials immediately below Tenants acknowledge receipt of the pamphlet - _ pdf.,-!l.J:\h Lessor's Disclosure (a) Presence of lead-based paint and/or lead based paint hazards: (ii) _X_Lessor has no knowledge of lead-based paint and/or led-based paint hazards in the housing. ] No fences. There are no fences on this property. ] No screen on slider door to deck. ] No child protective devices in the home. Tenants agree to purchase and use appropriate child protective devices at stairways, cabinets, drawers and other applicable locations. 13

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15 Clause 23. 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 Tenants. Landlord - Gregory S. Arnold , 2018 Tenant Tenant, _