Domino
Always My Miracle
Member since 9/05 9922 total posts
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Re: I need help with lease agreement
SUBLET: 5. Tenant may not sublet the Premises or assign this lease without the prior written consent of Landlord.
FIRE AND
CASUALTY: 6. If the Premises becomes uninhabitable by reason of fire, explosion, or by other casualty, Landlord may, at his/her sole option, terminate this lease agreement or repair the damages within thirty (30) days. If Landlord does not do the repairs within this time or if the Premises is completely destroyed, this lease agreement is terminated. If Landlord elects to repair the damages, the rent hereunder shall be abated and prorated from the date of the fire, explosion, or other casualty to the date of reoccupancy, provided that the Tenant has vacated and removed Tenant’s family and possessions as required by Landlord. The date of reoccupancy shall be the date of notice that the Premises is ready for occupancy.
HOLD
OVER: 7. Tenant shall deliver possession of the Premises in good order and repair to Landlord upon termination or expiration of this lease.
RIGHT OF
ACCESS: 8. Landlord shall have the right of access to the Premises for inspection and repair or maintenance during reasonable hours. In case of emergency, Landlord may enter, or authorize and/or allow others to enter, at any time to protect life and prevent damage to property. See Rider attached hereto.
USE: 9. The Premises shall be used solely for residential purposes. The presence of any individuals residing at the Premises who are not named herein will be sufficient grounds for termination of this agreement. The Premises shall be used so as to comply with all state, county, and municipal laws and ordinances. Tenant shall not use the Premises or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with the neighbors’ quiet enjoyment of their properties. There shall be no group occupancy.
PROPERTY
LOSS: 10. Landlord shall not be liable for damage to Tenant’s property of any type for any reason or cause whatsoever, except where such is due to Landlord’s gross negligence. Tenant acknowledges she is aware that she is responsible for obtaining any insurance for fire, theft, liability, etc., for personal possessions, family and guests.
PETS: 11. Animals, birds, or pets of any kind shall not be permitted inside the Premise at any time without the prior written approval of Landlord.
INDEMNIFICATION:
12. Tenant releases Landlord from liability for and agrees to indemnify Landlord against losses incurred by Landlord as a result of:
a) Tenant’s failure to fulfill any condition of this agreement;
b) Any damage or injury happening in or about the Premises to Tenant’s invitees, family, guests or licensees or such person’s property;
c) Tenant’s failure to comply with any requirements imposed by any governmental authority;
d) Any judgment, lien, or other encumbrance filed against the Premises as a result of Tenant’s action.
FAILURE OF LANDLORD
TO ACT: 13. The failure of Landlord to insist upon compliance with the terms of this lease shall not constitute a waiver of any violation.
REMEDIES
CUMULATIVE:
14. All remedies under this lease or by law or equity shall be cumulative. If a suit for any breach of this lease establishes a breach by Tenant, Tenant shall pay to Landlord all expenses incurred in connection therewith, including, but not limited to, attorneys’ fees, costs and disbursements.
NOTICES: 15. Any notice required by this lease shall be in writing and shall be delivered personally or overnight courier, if to Landlord at, if to Tenant, at the Premises. Tenant will notify Landlord in writing at the above address if the Tenant’s address changes during the course of this agreement and shall immediately inform Landlord of her new address. Until notified in writing, all notices shall be sent to the addresses stated above.
REPAIRS: 16. Landlord will make necessary repairs to the Premise with reasonable promptness after receipt of written notice from Tenant excepting repairs required as a result of the fault, negligence or abuse by Tenant, in which case Tenant shall pay for such repair. Tenant shall keep the Premises in a safe, clean, and sanitary condition. Tenant shall not remodel or paint or structurally change, or remove any fixture from the Premises without the prior written permission of Landlord.
ABANDONMENT
OF PROPERTY:
17. If Tenant removes or attempts to remove property from the Premises, other than in the usual course of continuing occupancy, without having first paid Landlord all moneys due hereunder, the Premises may be considered abandoned, and Landlord shall have the right, without notice, to store or dispose of any property left on the Premises by Tenant. Landlord shall also have the right to store or dispose of any of Tenant’s property remaining at the Premises after the termination of this lease. Any such property shall be considered Landlord’s property and title thereto shall vest in Landlord.
MORTGAGEE’S
RIGHTS: 18. Tenant’s rights under this lease shall at all times be automatically junior and subject to any deed to secure debt which is now or shall hereafter be placed on the Premises.
RULES AND
REGULATIONS:
19. A. Signs: Tenant shall not display any signs, exterior lights, or markings at the Premises.
B. Locks: Tenant is prohibited from adding locks to, changing, or in any way altering the locks installed on the doors. All keys must be returned to Landlord upon the expiration or termination of this lease.
C. The walks, lawns and driveways shall not be obstructed or used for any purpose other than ingress and egress.
D. Radio or television aerials shall not be placed or erected on the roof or exterior of the Premises.
E. Non-operative vehicles are not permitted on the Premises. Any such non-operative vehicle may be removed by Landlord at the expense of Tenant owning same, for storage or public or private sale, at Landlord’s option, and Tenant owning same shall have no right of recourse against Landlord therefor.
F. No goods or materials of any kind or description which are combustible or would increase fire risk or shall in any way increase the fire insurance rate with respect to the Premises or any law or regulation may be stored at the Premises.
G. No nails, screws or adhesive hangers except standard picture hooks may be placed in walls, woodwork, or any part of the Premises.
H. Guests: Tenant shall be responsible and liable for the conduct of their guests. Acts of guests in violation of this lease or Landlord’s rules and regulations may be deemed by Landlord to be a breach by Tenant. There shall be no paying guests at the Premises.
I. Noise: All radios, televisions, stereos, etc. must be turned down to a level of sound that does not annoy or interfere with neighbors.
J. Landlord reserves the right at any time and from time-to-time to prescribe such additional rules and make such changes to the rules and regulations set forth and referred to above as Landlord shall in his/her judgment determine to be necessary for the safety, care, and cleanliness of the Premises and for the preservation of good order.
K. There shall not be more than four (4) unrelated persons occupying the Premises.
UTILITIES AND
SERVICES: 20. Tenant shall be responsible for all applicable utilities and services provided at the Premises. If the Premises are delivered with a full tank of fuel oil and/or propane, Tenant shall replace same at his/her own expense upon termination or expiration of this Lease.
HOLD HARMLESS:
21. Landlord shall not be liable and Tenant shall hold Landlord harmless and indemnify Landlord for injury or damage to persons or property occurring in or about the leased premises, unless cause by or resulting from negligence of Landlord or any of Landlord’s agents, servants or employees.
INSURANCE:
22. Tenant agrees to secure a tenant’s insurance policy for the duration of the lease term and shall provide Landlord with a certificate of insurance reasonably acceptable to Landlord.
WAIVERS: 23. Landlord and Tenant waive trial by a jury in any matter which arises between the parties under or because of this lease (except for a personal injury claim). In a proceeding to get possession of the Premises, Tenant shall not have the right to make a counterclaim or set off.
REPRESENTATIONS:
24. Tenant has read this Lease in its entirety. All promises made by Landlord are contained in this Lease and there are no others. This Lease may by changed only by an agreement in writing signed by and delivered to each party.
NO SMOKING:
25. There is no smoking in the Premises and, to the extent Tenant or his/her guests smokes in the immediate vicinity outside of the Premises, cigarette and cigar butts shall be disposed of immediately and not littered on the ground.
MAINTENANCE:
26. Tenant shall be responsible for the maintenance of the Premises during the period of this lease, including, but not limited to: woodwork, floors, walls, furnishings and fixtures, appliances, windows, screens, doors, lawns, landscaping, pool, pest control, maid service, fences, plumbing, electrical, and heating. Damage caused by rain, hail or wind as a result of leaving windows or doors open, or damage caused by overflow of water, or stoppage of waste pipes, breakage of glass, damage to screens, outside house shingles, deterioration of lawns and landscaping, whether caused by abuse or neglect, is the responsibility of the Tenant. Tenant agrees to provide pest control in the event it is needed.
Utilities, water and sewer. Sewer and trash removal are included in rent and provided for by the Town of Riverhead. Tenant is responsible for water, electricity, natural gas for heat and hot water, lawn care and yard clean up and snow removal. Lawn must be kept mowed or Town will mow it for Tenant and bill Tenant for service. Tenant shall not make alterations, additions or improvements, including painting to the premises without the prior written consent of the Landlord. Substantial changes to the yard may not be done without written consent from the Landlord.
A. Lawns will be cut and maintained by Tenant.
B. Tenant accepts the Premises in its current state of cleanliness and its “AS IS” condition. Tenant agrees to notify Landlord of any damages or defects in or to the Premises within 48 hours of occupancy. Tenant further agrees to indemnify Landlord against any loss or liability arising out of Tenant’s use of the Premises, including Tenant’s guests, family, invitees and licensees.
All appliances are functioning. The stove, dishwasher and range hood are new.
The clothes washer, 2 refrigerators, clothes dryer and dehumidifier are used and in
good condition.
Landlord maintains the heating boiler and chimney, water heater, stove, 1 refrigerator (new model in kitchen) and ventilation hood.
Tenant maintains clothes washer and dryer, irrigation system, dehumidifier and structured media panel.
C. Tenant shall: remove garbage and trash as same accumulates; maintain the plumbing in good working order to prevent stoppages and/or leakage of plumbing, fixtures, faucets and pipes; operate all electrical, plumbing, sanitary, heating, and appliances in a reasonable and safe manner; assure that Landlord’s property is safeguarded against damage, destruction, loss, removal and theft; and conduct him or herself, including family, friends, guests and visitors, in a manner which will not disturb others.
Tenant shall not dump oil or grease of any kind into the plumbing drains. Cooking oil and grease must be removed from the premises by other means such as containers and carried off.
D. All appliances are to be kept clean, and upon the expiration or termination of this lease, Tenant shall have all appliances cleaned. Any gas stoves or grills shall be shut off at the gas tanks and the refrigerator and kitchen cupboards shall be emptied of all contents except for those provided by Landlord.
e. Tenant shall not park vehicles on the lawn.
ENTIRE
AGREEMENT:
27. This lease constitutes the entire agreement between the parties and supercedes any prior any prior agreement or understanding of the parties in connection therewith. It is the intention of the parties herein that if any part of this agreement is invalid, for any reason, such invalidity shall not void the remainder of this agreement. Any changes or additions to this lease shall be not be binding unless initial by both parties. The laws of the State of New York shall govern this lease.
RIGHT TO
SHOW HOUSE:
28. Tenant shall permit Landlord or Landlord’s agent to show the Premises for rent or sale at reasonable daytime hours by appointment during the lease term. In the event an appointment is made to show the Premises, Tenant shall present the Premises neat, clean and in good order.
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