THIS LEASE, PROPERTYOWNER,

Transcription

1 LEASE THIS LEASE made this day of, 2017, by and between, called PROPERTYOWNER, and, & whether or not one or more are listed, are hereinafter called TENANT. The word Tenant, as used in this lease shall mean any one or more of all of the parties who execute this lease as tenant. All the provisions of this lease shall be binding on the heirs, successors, and assigns of Property owner and Tenant. Each Tenant shall be jointly and severally libel for all provisions of this lease. WITNESSETH: Property Ownerleases to Tenant and Tenant rents from Property owner, for use and occupation as a private residence for Tenant,, in the city of Morgantown, Monongalia County, West Virginia, on the following terms and conditions: LEASE TERM: The term of this lease commences on 1st day of, 2017, and unless sooner terminated, ends on the 30 th day of, Tenant agrees to notify property owner in writing, 45 days before the expiration of this lease, of its intent not to extend said lease. If written notice is not given with the 45 day period of the lease expiration, this lease will automatically extend for a period of One (1) yearstarting on the last day of the original term of the lease or any of the extensions, under the same terms and conditions of the original term. It is further understood that the property owner will give written notice to tenant, 45 days prior to the expiration of this lease, in the event that the property owner wishes to not extend this lease for any period of time. Property Owner may show dwelling to prospective new tenants within Forty Five (45) days of the expiration of said lease or immediately, once tenant has given notice of not renewing. RENT: The rent for the original term of this agreement oftwelve (12) monthsis Dollars ($xx,xxxx), payable in advance without demand of notice, in one (1) installment of Dollars($x,xxx.xx), due on the first day of the start of lease or before, and 10 equal monthly installments of Dollars ($x,xxx.xx) on the First (1st) dayof each and every month during the term of the lease or any of its extensions. The last month s rent (month12) is payable in advance with the first month s rent, as further deposit and shall remain as further deposit on any of its extensions. All rents and monies due shall be mailed to BernardBossio,449 Kiwanis Ave, Morgantown West Virginia, 26505, via the United States Postal Service. Each Tenant is jointly and severally liable for all the rent. If the property owner is asked to pick up rent anywhere other than through the U.S Postal service or property owners authorized drop box on the front porch of 449 Kiwanis Ave, there will be a $50.00 service fee added to the rent.there will be a $5.00 per day late fee for rent not received by the First (1 st ) day of each month. SECURITY: Property owner acknowledges receipt from Tenant of the sum of Dollars ($x,xxxx.xx) as security deposit, which shall not bear interest, need not be kept separately, and shall be returned to Tenant within Thirty (30) days of the peaceful termination of the full term of this lease and surrender of possession, less the cost of any repairs which shall have been made necessary by acts of the Tenant or unpaid utility bills or lawn/yard maintenance. 1

2 OCCUPANCY AND USE: The premises shall be used solely as a private dwelling for Tenant and for no others except with written permission of Property owner. Tenant agrees not to use or permit the use of the premises for unlawful or immoral purposes, nor to create or suffer any nuisances in the premises affecting the rights of others, and agrees to comply with all laws, ordinances, rules, regulations, and directions of governmental authorities and the Board of Fire Underwriters. Upon termination of this lease, Tenant agrees to surrender possession in as good condition and repair as when received. Tenant shall be responsible for the lawn maintenance. Mowing of lawn shall be at a minimum of one time ever 8 days during the growing season. Weeding of lawn and mulched areas shall be done, as needed. Tenant is also responsible for any and all snow removal from the property including but not limited to driveway, walkways and steps. Tenant shall have lawn cut within 24 hours of the end of this lease. The Property owner shall expect and insist that the tenant shall treat the previously mentioned property with the care and respect due these facilities. The Property owner has reserved the right to inspect the property at reasonable times and any adjudged mistreatment, neglect, or abuse of property will result in immediate cancellation of this lease and immediate eviction of the Tenant without prior notice. Damage costs shall be assessed upon said tenant and the Property owner shall have the option of civil court action if necessitated. Tenant agrees but without any limitation of Tenant s obligation hereunder by reason of said enumeration, to replace or repair all glass, locks, plaster and trimmings broken during the Tenant s tenancy at the Tenant s own expense, to the satisfaction of the Property owner; the Tenant will unstop all waste pipes that may become clogged by neglect or inattention on the part of the Tenant. Tenant agrees to NEVER turn thermostat setting below 50 degrees during the winter. That the water closets and water apparatus shall be used solely for the purposes that they were constructed and no sweepings, rubbish, rags or other articles shall be placed therein. That the Tenant will repair all pipes that may burst from freezing because of Tenant s failure to turn the water off and/or drain off the water in said pipes during the period of Tenant s vacancy or otherwise; the Tenant s will keep all windows closed in the leased premises when it rains or snows; the Tenant shall keep the herein leased premises and personal property in good and tenable condition and repair during the continuance of this lease and shall be responsible and make all necessary repairs, cost and expense. The Property owner shall maintain and be responsible for the roof and exterior walls of said premises. Tenant shall be responsible for the conduct of themselves, family and guests that may from time to time visit the demised property. At no time shall that conduct become disorderly or boisterous, and that is does not disturb or interfere with the rights, comfort or convenience of other persons on or around the premises, and that it not break any local, state or federal laws. Political election signs may not be placed on the property by anyone other than the property owner at any time for any period of time. EQUIPMENT: Tenant agrees to use and maintain any equipment, and plumbing fixtures and all other equipment with which dwelling is furnished, in accordance with manufactures specifications and the regulations, and also of the Property owner now or hereafter provided. Tenant also will be responsible for all repairs, and any damage to the dwelling brought about by misuse or neglect of such equipment by the Tenant. Licensed persons approved by Property owner shall make all repairs to equipment furnished by Property owner. Should Tenant fail or refuse to make repairs after reasonable notice from Property owner, Property owner may cause same to be done and the cost thereof shall be additional rent immediately due from Tenant to Property owner. The dwellings light fixtures have all had LED lights installed. The tenant is responsible for the replacement of any and all light bulbs that fail and must replace with the same type of LED s. At the time of possession all bulbs are checked for function, and are working. Exterior cooking grills should be kept at least 4 feet away from any materialof combustion on the dwelling 2

3 ALTERATIONS, ADDITIONS OR IMPROVEMENTS: Tenant agrees not to make any alterations, additions, improvements or changes in or to the premises, interior or exterior, or the equipment and fixtures provided by Property owner or to install any major appliances in the premises without written consent of the Property owner. It is further understood by tenant, that the exterior door knobs and or dead bolts installed are not to be changed.if keys are lost, it will be the responsibility of the tenant to pay for re-keying of locks. REPAIRS /ALTERATIONS: During the term of occupancy, the Tenant shall utilize reasonable judgment and exercise caution appurtenances thereto. Further, the Tenant shall comply with all laws, ordinances, and governmental regulations applicable to the premises. This provision shall not prohibit the Property owner from making repairs and improvements to the premises and to any part thereof, and at their own volition comply with all ordinances and requirements of governmental authority applicable thereto, in the event there is a default by the Tenant. During the period of utilization of said premises, the Tenant shall not paint, repair, or initiate any altercations to the herein designated premises unless expressly authorized in writing by the Property owner. PROPERTYOWNER S RIGHT OF ENTRY: Property owner shall have the right to enter the dwelling at all times which are necessary to make needed repairs, and this right shall exist whether or not Tenant or other occupant shall be on premises at such time. Property owner shall have the right to enter the dwelling at reasonable hours to show the same to prospective tenant in the last 45 days of this lease or immediately once tenant gives written notice of not renewing UTILITIES: The Tenant shall assume all responsibility for stated public utilities used and consumed on the subject property while it is under their control and by virtue of this demise (water, electricity, gas and garbage). The Tenant shall have the option maintaining and operating a telephone, and/or television cable on the premises, which same, however, shall be, repaired, maintained and operated at the Tenant sole cost and expense, and the charges therefore shall be paid for by the Tenant which shall hold the Property owner free and harmless therefore. No exterior antenna or receiving dishes may be installed without the written permission of the property owner.electric, water and gas must be kept in full service and operational in the home for the entire period of the lease. It is the sole responsibility of the Tenant to remove their garbage from dwelling as prescribed by the City of Morgantown and or its agents. Tenants shall not allow the accumulation of garbage in or around the demised premises. Should it become necessary for the Property owner or an agent thereof, to remove trash for the Tenant, it will be done and charged to the Tenant at the fee of $75.00 per hour with a one (1) hour minimum. It is the tenant s responsibility to hire an exterminator if it should become necessary. ASSIGNMENT: No assignment or sub-lease of the dwelling shall be binding upon the Property owner or confer any rights on the proposed assignee or sub-tenant without the written consent of the Property owner. No assignment or sub-lease shall release Tenant from the obligations of the lease. INTERRUPTION OF SERVICE: Interruption or failure of any service maintained in the dwelling, if due to causes beyond Property owner s control, shall not entitle Tenant to any claim against Property owner or to any reduction in rent, and shall not constitute constructive eviction unless Property owner shall fail to take such measures as may be reasonable in the circumstances to restore the service without undue delay. 3

4 DELAY IN TENDERING POSSESSION: If Property owner is unable to give possession on the commencement date, rent shall abate until possession is given, and Tenant shall pay a fractional part from date of possession up to the first day of the next month following date of possession. Tenant waives all damages by the commencement date. Delay in tendering possession shall not extend the termination date of the lease. RELEASE OF LIABILITY: The Tenant assumes all risk of any damage to person or property that may occur by reason of water or the bursting or leaking of any pipes or waste about said premises or from any act of negligence of any occupants of the dwelling or of any other person, or fire or hurricane or other act of God or from any cause whatsoever, provided that the Property owner shall make necessary repairs to prevent further damage with reasonable diligence after notice given to it, and the Tenant agrees to give the Property owner prompt written notice of any accident to or defect in the water pipes, electricity or of any plumbing, heating or cooling apparatus or device. SUBORDINATION: This lease shall always be subordinate to any mortgage now or hereafter placed against the property in which the dwelling is located, and the Tenant agrees to execute such documents as are necessary to complete such subordination, or in lieu thereof, Tenant appoints Property owner Tenant s agent irrevocable to execute such documents as are necessary to complete such subordination. TENANT S PROPERTY: If, upon the termination of this lease or abandonment of the premises by Tenant, Tenant abandons or leaves any property in the dwelling, Property owner shall have the right, without notice to Tenant, to store or otherwise dispose of the property at Tenant s cost and expense, without being liable in any respect to the Tenant. POSSESSION: Tenant has inspected the leased premises and accepts the same in the condition in which they are found. Tenant further agrees that the premises are in complete compliance with the City of Morgantown Housing Code. Taking of possession of the dwelling by Tenant shall be conclusive evidence against Tenant that he received the premises in good condition.the tenant has carefully inspected the premises, including but not limited to flooring, walls, ceiling, Appliances, furniture, and fixtures and found all to be in unremarkable manner except for the following. (This section is to be filled out on the day of possession of said premises by tenant and also by property owner or its agent) LivingRoom: DinningRoom Kitchen Bedroom1 4

5 Bedroom2 Bedroom Baths: Exterior: PETS: Tennant is permitted to have1 dog & 1 Cat (except the breed of Pit Bull or Chow) living in the dwelling along with Tenants. 1. Breed: Name: 2. Breed: Name: Photos of the dog will need to be ed to Property Owner along with proof of vaccinations. FIRE AND CASUALTY: If the premises are damaged by fire or other casualty, Property owner may cause the damage to be repaired and the rent will be abated for such period of time as premises remain untenable, but if the premises are destroyed or so damaged that Property owner shall decide that it is inadvisable to repair same, this lease shall cease and terminate, and rental shall be adjusted to the date when such fire or casualty occurred. Tenant agrees to release Property owner from all claims for loss, damage, or inconvenience arising from such fire or casualty.tenant must obtain renters insurance and have Property Owner listed as additional insured prior to move in date and provide documents to same. DEFAULT CLAUSE: If the Tenant shall fail to pay the rent or any other charge required to be paid by the Tenant, or if the Tenant shall breach any of the terms of this lease, then as to every default or breach, except non-payment of rent, the Property owner may give the Tenant ten (10) days written notice thereof, and if such default has not been cured within such ten (10) day period, then the Property owner may give the Tenant thirty (30)days notice of the termination of this lease, and this shall expire accordingly and the Tenant shall surrender possession to the Property owner, but the Tenant shall remain liable as hereinafter provided. In case of default by the Tenant in the payment of rent, the notice shall be a ten (10) day notice provided by Statutes of the State of West Virginia, and the Property owner shall have such rights as is provided by such statutes. If the dwelling becomes vacant or abandoned, the Property owner may re-enter and take possession or may take possession in the manner provided by law. In case the Property owner shall recover possession of the dwelling, the Property owner may, but shall not be required to remove the property of the Tenant and store the same at the Tenant s expense, or he may dispose of said property, and the Tenant agrees that in no respect shall the Property owner be responsible in damages for any action in entering said dwelling or removing and 5

6 disposing of Tenant s property, with or without process of law. Notwithstanding anything herein, the Tenant agrees that whether possession is taken or this lease is canceled by the Property owner, the possession is taken or this lease is canceled by the Property owner, the entire unpaid balance of rent shall accelerate and immediately become due and payable and the Tenant shall be responsible for all costs, including attorney s fees incurred by the Property owner in and about enforcing this and any other provision of this lease. In the event of a default by Tenant, Property owner shall not be required to return any part or portion of the security deposit, but the Property owner may either retain the security deposit as liquidated damages sustained by Property owner by reason of Tenant s default. The retention of the security deposit shall not be the only remedy to which Property owner is entitled but the Property owner shall have all recourse against the Tenant provided by this lease and by law, and all remedies shall be cumulative and non-exclusive. Tenant agrees to pay Property owner s reasonable attorney s fees and expenses incurred in and about enforcing any of the terms of this lease, in collecting past due rent, and in and about recovering possession from tenant, should the services of an attorney be retained by Property owner in so doing. ABANDONMENT: In the event any installment of rent shall not have been paid within ten (10) days of its due date and the Tenant shall not have been physically present in the dwelling during such period of time, it shall be conclusively deemed (and the Tenant so agrees) that the dwelling has been abandoned regardless of whether or not any of Tenant s possession without process of law, without in any way being responsible to Tenant for damages, trespass, unlawful entry, or any matter or thing whatever by reason thereof, and the Property owner may, at Property owner s option, in the event of such abandonment, declare this lease terminated. These rights on the part of the Property owner may, at Property owner s option, in the event of such abandonment, declare this lease terminated. This right on the part of the Property owner shall be in addition to and not exclusive of all other rights and remedies provided by this lease and by law. QUIET ENJOYMENT: In the event that Tenant pays the rent as provided for herein and otherwise performs all of the covenants and conditions to be performed by the Tenant and abides by all of the rules and regulations, as set forth herein, and referred to Tenant shall have peaceful, and quiet enjoyment of all the demised premises for the term of this lease. Tenant shall contact Property Owner at least 14 days in advance to set an appointment for checkout of the dwelling via . Notices: Tenant further agrees to except official notices delivered by to the following address s and As well as United States Mail. If the Tenants address should change; Tennant agrees to notify Property owner immediately. 6

7 IN WITNESS WHEREOF, the Property owner and Tenant have executed this lease the day and year first above written. Bernie Bossio Property Owner By And By Tenant s Date: Date: Cell Number Cell Number I,have received Keys and remote garage door openers. Tenant (Print) Tenant 7