Tenancy At Will Rental Agreement (Month-to-month can be changed to 1-year lease at your request)

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1 Tenancy At Will Rental Agreement (Month-to-month can be changed to 1-year lease at your request) 1. PARTIES: In consideration of the mutual promises, obligations and agreements herein set forth, the parties hereto agree: Catherine Gomes 10 Old Flanders Road Westborough, Massachusetts Phone: hereinafter called Landlord, hereby rents to: herein after called Tenant, who is at least 21 years of age. 2. RENTED PREMISES: Landlord rents to tenant, the premises consisting of a second story apartment and offstreet parking located at 10 Old Flanders Road, Apt. 2, Westborough, MA TERM This rental shall commence on and continue on a month-to-month basis until terminated by conditions set forth within this agreement or by either party according to law. 4. RENT Tenant agrees to pay Landlord rent in the amount of $1, per month in advance on the day of each month ("Monthly Due Date"). Rent payments to be made by cash, check, money order or bank draft. Checks or bank drafts should be made out to Catherine Gomes and delivered to Landlord at the above address.

2 5. LATE CHARGES In the event that the rent is not paid within 15 days of the Monthly Due Date, then Landlord reserves the right to begin eviction proceedings by sending a notice to quit. If rent is not paid within 30 days after Monthly Due Date, then an additional late charge of $ shall become due and payable forthwith in addition to any unpaid rent. In the event that a check tendered for the rent is dishonored, then a fee of $30.00 shall become due and payable forthwith in addition to any unpaid rent. 6. SECURITY DEPOSIT Along with this signed agreement, a Security Deposit payment for $1, is due and payable at the signing of the lease. The security deposit will be held in an interest bearing account with accrued interest being paid to the Tenant annually and/or within 30 days of the termination of this agreement. Within 30 days of the receiving the Security Deposit from the Tenant, Landlord will provide the Tenant with a receipt identifying the bank, address, account number and amount of deposit being held. Within 30 days of the Tenant vacating the premises, the entire Security Deposit or the Security Deposit balance after deductions will be returned to the Tenant. Possible deductions from the Security Deposit include: - Unpaid rent - Unpaid electric bills - Cleaning fees - Repairs for damages that were not listed in the Statement of Condition No part of the Security Deposit shall be deemed as rent for the last month or for rent for any particular month nor shall it be applicable to any particular obligation arising out of this agreement at the request of the Tenant. In the event the Landlord shall use any portion of the Security Deposit for a purpose permitted under law during the term of this agreement, then tenant shall replenish the same to its original amount upon written notice from landlord. 7. STATEMENT OF CONDITION Upon receipt of the Security Deposit, Tenant will be provided with a Statement of Condition, which contains a comprehensive list of all then-existing damage to the unit. If the Tenant deems the Statement of Condition is correct, then the Tenant must sign it and return it to the Landlord within fifteen (15) days of receipt. If the Tenant does not agree with the Statement of Condition, then they must submit a list of additional damage in writing to the Landlord within the fifteen-day period. If the Tenant fails to sign the Statement of Condition and/or send a list of additional damage to the Landlord, then their non-compliance may be viewed by the court as agreement to the completeness of the Landlord s proposed Statement of Condition. If the Tenant submits a list of

3 additional damage, then the Landlord has fifteen (15) days to sign off on the tenant s list of additional damage or send a clear statement of disagreement to the tenant. 8. LEAD PAINT The Premises was built before 1978 and therefore may contain lead paint which can be hazardous to children under six years old. Tenant will be provided with a Lead Law Notification Brochure and a Tenant Certification Form which must be signed along with this agreement acknowledging that the Tenant has received the lead paint information. 9. UTILITIES Landlord agrees to pay for the following utilities: water, heat, hot water, common lighting, rubbish removal, driveway and walkway snow removal. Basic Internet and basic FIOS cable TV are also provided at no charge. Tenant is responsible for payment of their apartment electric bill. Tenant is also responsible for the rental fee of any required cable TV set top boxes (usually $12/each per month). If Tenant wants to upgrade the basic Internet or FIOS services, they will be responsible for any additional charges. Tenant agrees they will take reasonable care in utilizing the included utilities by turning off common area lighting, by not running the heat with open windows and by not running hot water when it is not needed. If the level of utility usage exceeds historical levels, then landlord reserves the right to assess an additional monthly charge for the amount of utility use over and above the historical average. Toilets, disposals and waste pipes shall not be used for any other purposes other than those for which they were constructed, nor shall any sweepings, rubbish rags or any other improper articles be thrown into same. 10. PARKING AND STORAGE Tenant may occupy two designated parking spaces of off-street parking. A third space for occasional visiting vehicles will be assigned by Landlord on a space available basis. Off-street parking may not be used for storage of unserviceable vehicles. Any parking or storage facilities assigned to tenant is provided for tenant's use during the term of this agreement only and shall promptly be surrendered to the Landlord upon termination of this agreement. 11. OCCUPANCY OF PREMISES & SUBLETTING Tenant shall not assign or sublet any part of the Premises for any period of time and agrees that Premises will be used for residential purposes only. Tenant agrees to comply with Federal, State and Local laws regarding occupancy limits for a one bedroom apartment. Tenant agrees to be responsible for enforcing the terms of this agreement with any other occupants or visitors. Tenant shall not permit the premises to be occupied for anything longer than a temporary visit by anyone not mentioned in the lease, their spouses, children or any children born thereafter. Tenant agrees to be present at all times during visits from friends or family.

4 12. ATTIC STORAGE AREA Tenant agrees to use attic storage area only for storage and that it will not be used as second bedroom or any other form of living area. 13. CONDITION OF PREMISES Upon surrender of the Premises by Tenant, Tenant shall return said Premises and all it's fixtures, appliances and furnishings in as good a condition as they were received, wear and tear excepted. Burns, stains, holes or tears of any size in the carpeting, draperies, curtains, or walls shall not constitute wear and tear. Tenant acknowledges that no representations have been made to him by Landlord with respect to Landlord's intentions regarding future improvements, alterations, decorations or repairs to the Premises unless specified in writing. 14. CLEANLINESS Tenant shall keep the Premises in a clean condition at all times. Tenant shall be responsible for bagging all garbage and disposing of it in the dumpster provided by Landlord. Tenant shall vacuum rugs, clean countertops, appliances and bathroom fixtures at least monthly. Tenant shall not permit the Premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and shall not mount signs, pictures or write on any surface of the interior or exterior of the Premises. The toilets and pipes shall not be used for any purpose other than those for which they were constructed. Tenant is responsible for completely cleaning the Premises prior to termination of the Rental Agreement, including all appliances, kitchen cabinets, sinks, countertops, vanity, closets, bathroom fixtures, floors and rugs. If Tenant does not leave the Premises in clean condition, then an additional cleaning fee of $ will be deducted from the Security Deposit. 15. PETS No dogs, cats, birds or other animals or pets shall be kept in or around Premises at any time. 16. SMOKING No smoking is permitted inside Premises and Tenant agrees to enforce this policy with any visitors to the Premises. If Tenant smokes outside of the Premises, they must responsibly dispose of cigarette butts by putting them out on a dirt surface, douse them with water and dispose of them in the garbage. Any cigarette butts found on the Premises will automatically invoke a special $ cleanup fee for each occurrence. Any smoking inside the premises will constitute a breach of this agreement.

5 17. OPEN FLAMES AND CANDLES No open flames or candles are permitted inside Premises and Tenant agrees to enforce this policy with any visitors to the Premises. Any evidence of candles being lit in the premises will invoke a special $ soot cleanup fee for each occurrence. Any lighting of open flames or candles inside the premises will constitute a breach of this agreement. 18. GROUNDS Tenant shall not cut any trees, dig out or remove dirt, rocks or sand. Tenant shall not light any outdoor fires on Premises. Tenant also agrees not to pour any fluids other than water on the grounds in and around the Premises. Landlord shall be responsible for normal grounds maintenance including grass cutting and trimming. Landlord will also be responsible for snow removal from the driveway, parking area and walkways. However since these areas are located on sloping ground, Tenant agrees to exercise suitable caution during inclement weather and hold Landlord harmless from all claims arising out of the use of these areas. 19. INSURANCE Landlord will not insure Tenant against any personal injury or property damage, including that caused by an act or omission of any other tenant or third party, or by any criminal act or activity or any cause whatsoever. Tenant understands and agrees that it shall be Tenant s own obligation to obtain their own insurance for liability, health and personal property. 20. DISTURBANCE & ILLEGAL USE Tenant shall not make or permit any use of Premises which will be unlawful, improper, or contrary to any applicable law or municipal ordinance (including without limitation all zoning, building or sanitary statutes, codes, rules, regulations, or ordinances), or which will make voidable or increase the cost of any insurance maintained on Premises by the Landlord. Neither the Tenant nor his family, friends or guests shall create any interference with the rights, comfort, safety or enjoyment of the Landlord or other occupants of the same or any other apartments nor use the property as anything other than a private residence. 21. ADDITIONS OR ALTERATIONS Tenant shall not make any temporary or permanent additions or alterations to the Rented Premises including the installation of any type of fasteners such as nails, screws, staples, tape or paint.

6 22. RIGHT OF ENTRY, KEYS AND LOCKS The Landlord may enter the Premises for the following purposes: - To show the apartment to prospective tenants, purchasers, lenders or their agents; - To inspect the Premises; - To make repairs; - To inspect within 30 days of the end of the tenancy to determine damages to be deducted from the security deposit; - If the premises appear to be abandoned; or - Pursuant to Court order. Landlord will give at least 24-hours notice before entering Premises and will endeavor to make these visits when the Tenant is present. In the event of an emergency (such as a fire alarm or leaking water), Landlord reserves the right to enter the Premises without 24-hour notice and without the presence of the Tenant. Tenant agrees not to change, replace or add any locks or security devices on Premises. Tenant is prohibited from obtaining or making additional keys that will allow access to Premises. Tenant agrees to lock all doors when leaving Premises and to keep doors in common entry areas locked at all times. 23. NOTICES The tenancy created by this agreement may be terminated by a thirty day notice of termination of tenancy served by one party on the other. Any term or condition of this agreement may be changed or deleted, or additional terms added, by service upon Tenant of a thirty day notice of such change, deletion or addition, in writing to Tenant. 24. ABANDONMENT The Premises shall be deemed to be abandoned by Tenant, if after a failure by Tenant to fully pay an installment of rent within 15 days of Monthly Due Date and after the date of service of a written notice on Tenant demanding that Tenant either pay the outstanding amount or quit the Premises, or Tenant has been absent from the Premises for a period of 15 days after Monthly Due Date without contacting the Landlord or curing said payment default. 25. PERSONAL PROPERTY LEFT ON PREMISES After Tenant vacates or abandons the Premises, Landlord may store any personal property left behind by Tenant for a period of 30 days (Holding Period). During the Holding Period, Landlord will surrender said personal property to Tenant cost free. If Tenant fails to pick up said personal property during the Holding Period, said personal property shall become the property of the Landlord and may be retained by him or disposed of as the Landlord sees fit.

7 26. DAMAGE AND REPAIRS Tenant shall immediately notify Landlord in the event of an equipment failure, security breach, fire accident or any other damage that is not considered ordinary wear and tear. Landlord will make arrangements for repairs and may charge repair expenses to Tenant if the damage was caused by Tenant negligence (Damage Expenses). The Tenant s security deposit of $1, will be applied to Damage Expenses and any Damage Expenses in excess of $1, will be immediately due and payable by Tenant upon presentation of the bill. Tenant agrees to pay interest in the amount of 1.5% per month on any outstanding Damage Expenses not paid within 7 days of presentation of the bill. 27. LOSS OR INJURY Tenant agrees to indemnify and hold Landlord harmless against all liabilities, damages and other expenses, including reasonable attorney s fees, which may be imposed upon, incurred by, or asserted against Landlord by reason of (a) any failure on the part of Tenant to perform or comply with any covenant required to be performed or complied with by Tenant under this Rental Agreement, or (b) any injury to person or loss of or misconduct of any person associated with Tenant whomsoever, other than Landlord. 28. CASUALTY AND EMINENT DOMAIN Should a portion of the Premises be substantially damaged by fire or other casualty, or if the Premises or any part thereof, shall be taken for any purpose by exercise of the power of eminent domain or condemnation or shall receive any direct or consequential damage for which Landlord or Tenant shall be entitled to compensation by reason of anything lawfully done in pursuance of any public authority, then this Rental Agreement shall terminate at the option of Landlord or Tenant. If this Rental Agreement is so terminated, then a just a proportionate abatement of rent shall be made. 29. DEFAULT If Tenant shall fail to comply with any lawful term, condition, covenant, obligation, or agreement expressed herein or implied hereunder of if Premises appears to be abandoned, then Landlord may (subject to Tenant s rights under applicable law) terminate this Rental Agreement and recover possession of Premises without prejudice to any remedies which might otherwise be used for arrears of rent or proceeding breach of any of the said terms, conditions, covenants, obligations or agreements. 30. LIABILITY Tenant is solely responsible for supervising their activities and the activities of their visitors on the Premises. Landlord shall not be held liable to anyone under any term, condition, obligation or agreement expressed herein or implied hereunder or for any claim of damage or cause at law or in equity arising out of the occupancy of Premises,

8 the use or maintenance of said building or its approaches, appliances, fixtures or furnishings by the Tenant. 31. DEFINITIONS The word Landlord as used herein shall include their respective heirs, legatees, devisees, executors, administrators, successors, personal representatives and assigns. The word Tenant as used herein shall include respective heirs, legatees, devisees, executors, administrators, successors and personal representatives. The words he, his, and him, where applicable shall apply to Landlord or Tenant regardless of sex, number, corporate entity, trust or other body. If more than one party signs as Landlord or Tenant hereunder, the conditions an agreements herein of Landlord or Tenant shall be joint and several obligations of each such party. 32. ATTORNEY FEES In the event of the institution of any proceedings to enforce this agreement or any part thereof, the prevailing party in such proceeding shall be entitled to a reasonable attorney fee. 33. WAIVER If the Tenant willfully and maliciously remains in possession of the Premises after expiration or termination of the tenancy, Landlord may recover up to $1,200 of statutory damages in addition to any other remedy permitted by law for such withholding of possession. 34. WILLFUL HOLDING OVER The waiver of one breach of any term, condition, covenant, obligation, or agreement of this Rental Agreement shall not be considered to be a waiver of that or any other Term, condition, covenant, obligation, 35. SEVERABILITY CLAUSE If any provision of this Rental Agreement or portion of such provision or the application thereof to any person or circumstances is held invalid, the remainder of the Rental Agreement (or the remainder of such provision) and the application thereof to other persons or circumstances shall not be affected thereby. 36. WHOLE AGREEMENT This document, including all attachments hereto, constitutes the entire agreement between the parties and supersedes any oral or written representations or agreements that may have been made by either party. Tenant represents that he has relied solely

9 on his judgment, experience and expertise in entering into this agreement with Landlord. 37. APPLICATION TO RENT Tenant has submitted an application to rent as an inducement to Landlord to enter into this agreement. Landlord and Tenant agree that Landlord has relied on statements made in such application in making the decision to enter into this agreement. The Application to Rent is attached hereto and made a part hereof. By submitting application, prospective Tenant agrees to allow prospective Landlord to perform credit check, background check and gather any information deemed necessary from either personal, employment or financial institution references before agreeing to lease. Any material misrepresentation contained in said application shall constitute a breach of material term of this agreement and may, in the Landlords discretion, be a ground for termination of this agreement. EXECUTED as an instrument under seal in duplicate on the day and date first written above, and Tenant as an individual states under penalty of perjury that Tenant is at least twenty-one (21) years of age. Landlord Signature Catherine D. Gomes Date Tenant 1 Signature Printed Name Date Tenant 2 Signature Printed Name Date

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