(2) vacate the leased premises without the Landlord's consent prior to the end of the lease term,

Transcription

1 Mazziotta Realty Holdings # * 311 Van Buren Street * Bethlehem, PA * Billing- mrhbilling@hotmail.com Maintenance- Mazzco@verizon.net IMPORTANT: READ THIS ENTIRE NOTICE CAREFULLY THIS NOTICE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND DUTIES AS A TENANT. SPECIFIC QUESTIONS ABOUT YOUR LEGAL RIGHTS AND DUTIES SHOULD BE REFERRED TO AN ATTORNEY. DO NOT EXECUTE THE ACKNOWLEDGEMENT AT THE END OF THIS NOTICE AND DO NOT EXECUTE THIS RESIDENTIAL LEASE AGREEMENT UNLESS YOU HAVE READ AND CLEARLY UNDERSTAND THE INFORMATION ON THIS NOTICE. As tenant, you default if you: (1) fail to make timely payment of rent or other charges to the Landlord, or, (2) vacate the leased premises without the Landlord's consent prior to the end of the lease term, (3) fail to vacate the leased premises at the end of the term, or, (4) fail to perform any of the conditions included in the lease agreement and the conditions of any riders or addenda to the lease agreement, or, (5) breach any rules or regulations which are made a part of the lease agreement. Paragraph 6 of this Lease includes a waiver of "Notice to Quit". A "Notice to Quit" is a notice given by a Landlord to Tenants when the Tenants breach any of the conditions of the Lease and/or when the Tenants fail to pay the rent on time. This notice requires that the Tenants vacate the premises in a certain time period after the Tenants receive this notice (fifteen [15] days if receipt of notice is between April 1 and September 30, and thirty [30] days if the receipt of this notice is between October 1 and March 31). When the Tenants waive this requirement of a "Notice to Quit", and the Tenant(s) is/are in default of the Lease for any reason, the Landlord has the immediate right to file a Complaint in Court seeking an Order evicting the Tenant from the leased premises and recovering any delinquent rent that is due and owing. The Landlord DOES NOT have the right to bring an action in Court seeking your eviction unless you have defaulted in your obligation as a Tenant. Even though you are waiving 'Notice to Quit", you still have an opportunity in court to Contest the validity of the Landlord's claim for eviction. If you default, the Landlord has the right to seek the following remedies against you in court: (1) A Judgment for overdue rent, late charges and monetary damages caused by your default. (2) An Order for Recovery of Possession through an eviction action. (3) A Judgment for unpaid rent for the balance of the lease term or until another person takes possession of the leased premises as a New Tenant. ACKNOWLEDGEMENT: I/WE THE UNDERSIGNED TENANT(S), HAVE READ AND UNDERSTAND THE ABOVE DISCLOSURE. TENANT DATE TENANT DATE TENANT DATE TENANT DATE TENANT DATE TENANT DATE 1

2 Mazziotta Realty Holdings # * 311 Van Buren Street * Bethlehem, PA * Billing- mrhbilling@hotmail.com Maintenance- Mazzco@verizon.net LEASE AGREEMENT FOR UNFURNISHED RESIDENTIAL STUDENT HOUSING This Lease Agreement is made between Larry & Ann Mazziotta ( Landlord ) and: (PRINT CLEARLY) ( TENANT(s) ), and concerns the rental by LANDLORD to TENANT(s) Bethlehem, Northampton County, Pennsylvania ( PREMISES ) 1. RENTAL. The total annual rental payment for the premises shall be approximately month, due and payable by or on the 1 st day of the month. There are no proration s for partial months. The rent must be sent to the following address: Mazziotta Realty Holdings 311 Van Buren Street Bethlehem, PA After the fifth (5 th ) day of the month, there will be a $ _35.00 late fee in addition to the rent due and owing LANDLORD by TENANT(s), and the late fee will be added on as part of the rental charge of the PREMISES. Inclusion of a late fee will be at the discretion of LANDLORD, and further late fees will only be applied, if at all, to that portion of the rental charge which is delinquent. Rent not paid in a timely fashion by Tenant(s) may be subject to collection by legal process. Rent is considered received by LANDLORD when LANDLORD physically receives the payment by TENANT(s). The postmark on an envelope containing the rent payment will be considered the date of receipt of the rent payment by LANDLORD. Checks that are post-dated past the fifth (5 th ) day of the month in which the rent is due shall be considered late payment, even if those checks are received by LANDLORD before the fifth (5 th ) day of the month to which the rent is due. NOTICE: BOTH APRIL AND MAY S RENT IS DUE ON APRIL 1 st and SUBJECT TO LATE FEES. TENANT(s) must pay LANDLORD first month s rental charge before moving into PREMISES, In addition to the Deposit to be paid in full before TENANT(s) move into the PREMISES, There may be occasions when alternate payment arrangements are made between LANDLORD and TENANT(s) for the payments for the PREMISES; if so, those arrangements are to be set forth in a separate attachment to this Lease. Fee for any bounced/returned check is $ DEPOSIT. The NON-REFUNDABLE Deposit for the rental of the PREMISES by TENANT(s) is and the Deposit must be paid by TENANT(s) in full before the TENANT(s) move into the PREMISES. The Deposit is not a rental charge, and TENANT(s) may not direct the LANDLORD to apply that Deposit to the first or final month s rental charge of the PREMISES. If and when TENANT(s) properly vacate PREMISES, LANDLORD will return the Deposit to TENANT(s), approximately mid- June or early July of the same year, minus any damages by TENANT(s) that are discovered by LANDLORD after TENANT(s) vacate the PREMISES, and minus any remaining utility bills, inadequate cleaning, carpet shampooing, garbage removal, and/or any other charges due. These bills will then be deducted from the deposit and the remainder will be returned. LANDLORD may only apply the Deposit to pay for damages caused by TENANT(s) that are not considered by LANDLORD to be ordinary wear and tear. If no forwarding address has been given to LANDLORD, then any remainder of deposit is forfeited. 2

3 3. TERM OF LEASE/RENEWAL. The term of this Lease shall be on a 12 Month basis, beginning and ending 2 days after Lehigh University graduation in May of 20 (month/day/year) (month) (year) All tenants must VACATE premises and REMOVE ALL PERSONAL BELONGINGS NO LATER THAN 2 DAYS AFTER Lehigh University graduation. 4. WRITTEN TERMINATION OF LEASE AGREEMENT. In order to properly terminate this Lease, TENANT(S) or LANDLORD, as the case may be, must either hand deliver, or mail by first class mail, a written notice of termination no less than thirty (30) days before the proposed date of termination in the notice. The written notice must include the proposed date of termination, as well as the forwarding address of TENANT(S) (if applicable). If the proposed date of termination is not provided, as well as the forwarding address of TENANT(S) (if applicable), the notice will be incomplete. Oral termination of this Lease by either TENANT(S) or LANDLORD will be considered incomplete notice. If the termination notice is hand delivered, the date that the notice was received by either LANDLORD or TENANT(S), as the case may be, shall be considered the date of that notice. If the notice is delivered by first class mail, the date of the postmark on the envelope containing the written notice shall be considered the date of the notice. If TENANT(S) terminates the Lease without proper notice as explained in this paragraph, that termination shall be considered a breach of this Lease. 5. NOTICE TO TENANTS. In any case where an individual TENANT of the PREMISES receives any notice by LANDLORD concerning the PREMISES, the notice to that individual TENANT by LANDLORD shall be considered notice to all of the TENANTS of the PREMISES, and LANDLORD shall not be required to provide additional notice to TENANT(S). 6. NOTICE TO QUIT. TENANT(S) hereby waive the statutory Notice to Quit under Pennsylvania Law (68 P.S. Section ). A Notice to Quit is a notice given by the LANDLORD to the TENANT(S) when the TENANT(S) breach any of the conditions of the Lease and/or when the TENANT(S) fail to pay rent on time. This notice requires that the TENANT(S) vacate the PREMISES within a certain time period after the TENANT(S) receive notice (fifteen [15] days between April and September and thirty [30] days if between October and March). By waiving this requirement of Notice to Quit where the TENANT(S) is/are in default of the Lease for any reason, the LANDLORD has the immediate right to file a Complaint in Court seeking an Order evicting TENANT(S) from the leased PREMISES and recovering any delinquent monies that is due and owing. Even though the Notice to Quit is being waived, TENANT(S) are still given opportunity under Pennsylvania law to contest the validity of the LANDLORD S claim for eviction. 7. VACATING THE PREMISES. When this Lease terminates, TENANT(S) agree that the PREMISES will be vacated and left neat, clean and in good order, with the exception of ordinary wear and tear. The failure of the TENANT(S) to leave the PREMISES neat, clean and in good order will result in deduction from TENANT(S) deposit based on a dollar amount of the damages that have resulted from TENANT(S) actions. Also, TENANT(S) agree that any possessions that remain in PREMISES (including hallways, basement, and/or yard) after TENANT(S) vacate PREMISES will be considered abandoned by TENANT(S), and TENANT(S) agree to pay any costs associated with removal and/or disposal of those possessions, including fees for improperly disposed of garbage, excess garbage left greater than 24hrs prior to trash day, and large items and electronics left at curb. The removal and/or disposal costs for those possessions/garbage will be considered a damage that may be deducted from TENANT(S) deposit. CARPETS- ALL CARPETS MUST BE PROFESSIONALLY SHAMPOOED WITHIN 10 DAYS OF THE LEASE END, AND A COPY OF THE RECEIPT MUST BE PRESENTED AT OUR OFFICE AS PROOF OF COMPLETION. FAILURE TO DO SO WILL RESULT IN CHARGES TO YOUR DEPOSIT TO HAVE THE CARPETS PROFESSIONALLY CLEANED. 8. CARE OF PROPERTY. TENANT(S) will be responsible for keeping PREMISES clean and neat at all times, and in compliance with property rules and regulations listed in this Lease agreement in Paragraph 19. Also, TENANT(S) must promptly report any routine building maintenance problems to LANDLORD. 9. DAMAGE TO THE PREMISES. The damage to PREMISES caused by TENANT(S) or the guests or the family of TENANT(S), with the exception of ordinary wear and tear, will be repaired by LANDLORD, and the cost of that repair will be the responsibility of TENANT(S). If TENANT(S) do not pay the full amount of the repairs made to PREMISES as a result of TENANT(S) actions or the actions of the guests or family of TENANT(S) within ten (10) days from the date when LANDLORD presents the repair bill for damages to TENANT(S), then the failure to pay will be considered a breach of this Lease unless other written payment arrangements have been made between and signed by both LANDLORD and TENANT(S). The LANDLORD shall have the option to apply any unpaid repair bills that are the responsibility of TENANT(S) to any existing deposit of the TENANT(S) in the event any bill(s) is/are unpaid thirty (10) days after TENANT(S) is/are presented with the bill(s) by LANDLORD. ** ANY DAMAGE RESULTING FROM A BREAK-IN WITH THE ALARM NOT SET IS THE TENANTS RESPONISBILITY. * DAMAGE TO DOOR- IF A DOOR NEEDS TO BE REPLACED THERE WILL BE A FLAT FEE OF $

4 10. INSECT/VERMIN INVESTATION. Open food containers and garbage containers often attract roaches, ants, mice, and other insects and vermin. Keeping this in mind, if insects or vermin infest PREMISES, and that infestation is discovered by LANDLORD and a licensed pest exterminator to have been directly caused by the action of TENANT(S) or guests or family of TENANT(S), then TENANT(S) shall be held solely responsible for that infestation. Additionally, TENANT(S) found responsible for the infestation will be charged by LANDLORD for any cause associated with exterminating or spraying PREMISES to eliminate the infestation. LANDLORD may terminate this Lease with TENANT(S) if it is discovered by LANDLORD and a licensed pest exterminator that TENANT(S) or guests or family of TENANT(S) were the direct cause of the infestation. 11. USE OF ALCOHOL AND DRUGS, Failure by TENANT(S) to abide by all state, local and federal laws concerning the consumption and use of drugs and/or alcohol on the PREMISES shall be considered breach of this Lease. TENANT(S) possession, consumption, use, manufacture, sale, purchase or distribution of illegal drugs or illegal alcohol on PREMISES shall be considered a breach of this Lease. 12. FIREARMS, EXPLOSIVES, AND LETHAL WEAPONS. The use or possession of firearms, explosives, fireworks, or other lethal weapons (including, but not limited to, martial arts equipment) on PREMISES shall be considered a breach of this Lease. 13. INTENTIONAL MISREPRESENTATION ON APPLICATION FOR LEASE AND/OR APPLICATIONS ACCOMPANYING LEASE. If LANDLORD discovers that TENANT(S) intentionally misrepresented or intentionally omitted information when interviewing or applying for this Lease, then any of those intentional misrepresentations or intentional omissions will be considered a direct breach by TENANT(S) of this Lease. 14. UTILITIES. TENANT(S) are responsible for the reimbursement of the following utilities paid by Mazziotta Realty Holdings. You will be invoiced monthly for the actual usage of the following services: Electricity- Provided by PPL Garbage/Trash Removal Provided by Raritan Valley Disposal Oil/ Gas for heat Fritch Fuel or UGI Telephone &/or phone line for Security System- Verizon Water/Sewer (quarterly)- City of Bethlehem Mazziotta Realty Holdings is solely RESPONSIBLE to decide if/when these service providers and services provided shall change. There will be an inconvenience fee of $ per utility for any TENANT who makes any changes to the current services/providers established, TENANT will be responsible for any disconnect/ reconnect fees associated with any unauthorized changes to return service(s) as established. a) CABLE and INTERNET TENANT(s) are directly responsible for contacting CABLE and INTERNET providers of their choice. These services are to be in TENANT(s) name and TENANT(s) are responsible for any/all charges payable directly to service provider(s). TENANT(S) are prohibited from making any alterations to cable or telephone lines on/in PREMISES without LANDLORD S consent. 15. SECURITY SYSTEM- The tenant(s) understands and agrees that the tenant(s) are financially responsible for any damage to any component of the system due during the period of the lease agreement. The tenant(s) also agrees and understands to hold landlord harmless from any claim resulting from the monitoring of the security system and that the landlord has no involvement in the monitoring or maintenance of the security system. The tenant agrees and understands that the landlord has hired an outside security company to do the monitoring and maintenance of the security system on your behalf. TENANT(s) are required to pay $0.00 per month for the length of the lease in order to be connected to the Central Monitoring Station. ONE TIME ALARM CONVIENCE FEE- TENANT(s) are required to and agrees to pay an ALARM ADMINISTRATION FEE of $ per OCCUPANT, due OCTOBER 1. This service fee is for the administration of Central Monitoring, billing, alarm registration, overhead and similar expenses and charges incurred by LANDLORD for providing ALARM SYSTEMS. Tenants understand and agrees that they are responsible for any excessive reoccurring false alarm fees/charges imposed by the City of Bethlehem. This fee is nonrefundable. 16. INSURANCE- Landlord does not provide insurance coverage for Tenants personal property, and has no responsibility for loss or damage to such property by fire, casualty or theft. It is strongly suggested that the tenant arrange and obtain through an agent of choice, for liability and personal insurance coverage for his protection. 4

5 17. ACCESS TO APARTMENT. TENANT(S) understand(s) and agree(s) that while the PREMISES is being prepared or maintained by LANDLORD, or in the case of an emergency, LANDLORD may enter PREMISES. LANDLORD shall have the right to enter any property at reasonable hours to examine, repair or investigate any complaints or suspicions as deemed necessary for the safety or convenience of the TENANT(S). Inspections of the PREMISES will be done when deemed necessary by LANDLORD. LANDLORD will give TENANT(S) advance notice of any planned access by LANDLORD to PREMISES. 18. NUMBER OF OCCUPANTS. Only the TENANT(S) that are named in this Lease shall be permitted to live in PREMISES, and at no time shall more than five (5) persons sleep in PREMISES. * PREMISES shall NOT be sublet to any other individual(s) under any circumstances 19. PROPERTY RULES AND REGULATIONS. The following rules and regulations must be observed by TENANT(S) at all times, and if TENANT(S) violate one or more of these regulations, that violation will be considered a breach of this Lease. A) LANDLORD is responsible for maintaining premises in a livable and habitable condition. LANDLORD is responsible for heating, plumbing and electric service to be provided to the premises. LANDLORD is responsible for providing functioning and safe appliances. B) LANDLORD and TENANT(S) shall abide by all state and local regulations that apply to rental of PREMISES. C) GARBAGE AND RECYLING- TENANT(S) must comply with the applicable City of Bethlehem ordinance regarding garbage and recycling. D) COMMON AREAS- TENANT(S) must not obstruct the common areas of PREMISES (hallways, doors, stairwells, porches, and sidewalks.) E) SMOKE DETECTORS- LANDLORD will supply and maintain smoke detectors. LANDLORD or LANDLORD S agent will inspect operation of smoke detectors on a monthly basis. TENANT(S) shall not remove smoke detectors, batteries from smoke detectors, or monthly inspections reports from smoke detectors. Removal of smoke detectors or batteries from smoke detectors will be considered a breach of this Lease. F) GRILLS- TENANT(S) must not use any charcoal, gas, paper or electrical grill on any portion of PREMISES unless TENANT(S) obtain prior written consent by LANDLORD. Under no circumstances may any charcoal, gas, paper or electrical grill be used on any interior portion of the PREMISES. Further, open fires of any type inside or outside the PREMISES are strictly forbidden. G) CANDLE BURNING- TENANT(S) are prohibited from candle burning of any kind on PREMISES. If there are damages to the PREMISES from candle burning, any and all damages shall be the responsibility of TENANT(S). H) SMOKING- TENANT(s) are prohibited from smoking cigarettes in PREMISES. If there are damages to the PREMISES from cigarette smoking, any and all damages shall be the responsibility of the TENANT(S). I) TENANT(S) are responsible for proper use of all appliances on premises. Improper use of appliances resulting in damages will be the responsibility of TENANT(S). J) ROOF- TENANTS are prohibited from being on any roof for any reason at all times. K) AIR CONDITIONERS - Tenants may rent an air-conditioner from Mazziotta Realty for onetime fee of $ for the lease term, or they may supply their own. ALL air conditioners must be installed by LANDLORD. TENANTS ARE RESPONSIBLE FOR ANY & ALL DAMAGES RESULTING FROM NONCOMPLIANCE. L) WATERBEDS- TENANT(S) must not use or store any waterbeds on PREMISES. M) All items needing repair or replacement must be promptly reported to LANDLORD, and LANDLORD must attempt to rectify promptly. N) ALTERATIONS- TENANT(S) may not employ any contractors or subcontractors for the alteration, repair or maintenance of any part of the PREMISES. Further, TENANT(S) will be solely responsible for any compensation due and owing any contractor or subcontractor for any maintenance or repairs to the PREMISES ordered by TENANT(S) of contractors or subcontractors. 1. TENANT(S) will not apply paint or finishes of any type to any surface(s) that is/are part of the PREMISES. Painting of PREMISES will be done by LANDLORD or persons contracted by LANDLORD. 2. TENANT(S) will not drive nails, tacks, and/or any sharp objects into PREMISES walls or woodwork to hang or attach objects (pictures, posters, banners, etc.). 3, TENANT(S) will not use adhesives (duct tape, electrical tape, putty, glo-stars, sticky-tac, etc.) on walls or ceilings. Any objects hung on walls will be done with permission of LANDLORD and by LANDLORD. No markers of any type may be used on any surface of PREMISES. 4. TENANT(S) may not hang or attach anything on the outside walls, roofs, doors, windows, or fence of PREMISES. O) MINIMUM HEAT LEVEL-The furnace thermostat of the PREMISES shall never be turned below 60 degrees. If evidence is found that the thermostat was below 60 degrees and damage to PREMISES has occurred, the TENANT(S) are responsible for costs associated with any and all repair of damages. P) LOCKED OUT FEES- When LANDLORD is contacted to open either the main house door or an individual room door at PREMISES, during business hours, between 8am-3pm, Monday through Friday, due to a lock out, there will be a $20.00 charge payable by TENANT at that time (C.O.D.). A charge of $ will be payable by TENANT at that time (C.O.D) if 5

6 LANDLORD is contacted to open either the main house door or an individual door at PREMISES any time/day before or after business hours. Q) REPLACEMENT KEYS- When TENANT(S) contact LANDLORD to have replacement keys made as a result of TENANT(S) losing the originals given to them by LANDLORD, then a fee of $5.00 per key will be charged to TENANT(S). This fee will also be charged if TENANT(S) do not return their main house or individual room keys at the end of the lease. This $5.00 fee is on a per key basis. R) SNOW REMOVAL- TENANT(S) are responsible for snow removal and/or ice removal from steps and sidewalks of property within 24 hours of snowfall. Failure to do so may result in fines from the City of Bethlehem, which would be TENANT(S) responsibility. If snow/ice is not removed from PREMISES within 24 hours then LANDLORD shall have it removed and the TENANTS will be charged. S) Drain blockages caused by improperly disposing of any item(s) or substance(s), including but not limited to such items as excessive toilet paper, sanitary napkins, tampons, tooth brushes, plastic or metal silverware, plastic or other type dishes, fish bowl sand, cementitious materials and garbage of any type in drains will be repaired by LANDLORD. Cost of plumber s services for removing improperly disposed of item(s) or substance(s) will be the responsibility of TENANT(S) as described in Paragraph 9. DAMAGE TO THE PREMISES. Damages to the PREMISES as a result of this type blockage will also be the responsibility of TENANT(S) as described in Paragraph 9. DAMAGE TO THE PREMISES. T) AUTOS- If PREMISES has a parking lot then the total number of cars along with copy of each car s registration card, license plate number, make, model, year and color shall be attached to this lease. 1. Only TENANTS are allowed to park in the parking lot. If a car is found in the lot that is not a TENANTS than that car shall be towed at the owner s expense. 2. No motor vehicles, operational or otherwise, shall be parked in or driven in PREMISES, except in garage and driveway. No motor vehicles, operational or otherwise, shall be parked or driven on the lawn or sidewalks of PREMISES. U) TENANT(S) shall not have any furniture outdoors at PREMISES unless that furniture is specifically designed to be outdoor furniture. V) PETS- shall not be permitted on PREMISES. Experiments involving animals, reptiles, insects or any living creature or substance are prohibited on PREMISES. 20. City of Bethlehem Fines and Charges: Per the city of Bethlehem Ordinances, the city may impose fines and charged for numerous reasons, including false alarms, trash not placed properly at curb, trash not stored in a proper container, noise violations, city sidewalks not kept clear during winter, parking in non-designated areas, and trash in the yard. Tenant(s) will be held responsible for these charges if violations are determined to be the responsibility of the tenants. Violation notices will be posted on the property, and should be corrected immediately or the city may levy fines and charges (anywhere from $75 to several hundred dollars, depending on the offense). Please note that it is the tenant(s) responsibility to remove trash placed or blown onto the property. GARBAGE/RUBBISH CLEANUP/ REMOVAL FEES- TENANTS that do not abide by city ordinances and ignore LANDLORDS warning to clean up, as well as vacating with an abundant amount of trash that does not comply with the City of Bethlehem s ordinance, LANDLORD will initiate conformity and bill TENANTS as follows- bag, remove and sort debris on property MINIMUM FEE $150.00, HALF TRUCK LOAD $ and FULL TRUCK LOAD $ per occurrence. 6

7 Mazziotta Realty Holdings # * 311 Van Buren Street * Bethlehem, PA * Billing- mrhbilling@hotmail.com Maintenance- Mazzco@verizon.net ALL THE TERMS AND CONDITIONS IN THIS LEASE ARE UNDERSTOOD AND AGREED TO BY BOTH LANDLORD AND TENANT(S). LANDLORD Landlord TENANT(S) 7