DEER PARK MANAGEMENT

Transcription

1 DEER PARK MANAGEMENT Lease Agreement THIS LEASE AGREEMENT (the Lease ) is made this day of by and between Deer Park Management, Inc. (hereinafter referred to as Landlord ) and Residents whether one or more). 1. DEMISE. In consideration of the payment of the rental payments required to be paid hereunder as and when the same shall become due and the performance of all the other covenants and conditions by Resident under this Lease, Landlord hereby demises and leases the following premises to Resident: Apartment No located at in the The Boulders at Deer Park Apartment Community (the Apartment Community ) in Bloomington, Indiana, TERM. The term of this Lease shall commence on, 2004 and shall expire on, In no event shall the term of this Lease be less than 1 month. If actual commencement of occupancy of the premises is delayed because of construction or the holding over of a prior Resident, Landlord shall not be liable to Resident in any respect for such delay, and this Lease shall remain in force, subject to the following: The rent shall be abated on a daily basis during such delay. Such conditions shall not apply to cleaning or repair days. If Resident fails to move out the premises by the day of the expiration of the term of this Lease, Resident shall owe without proration an additional full month s amount of rent; this is in addition to the provisions of Section 8 of this Lease. 3. RENT. Resident agrees to pay Landlord the sum of $.00 per month as rental (not including any additional charges as may be set forth in any attached Addenda). The rental reserved hereunder shall be payable in advance, without offset, deduction or demand, on or before the first day of each month during the term of this Lease. Rent shall be payable (no cash) to Deer Park Management, Inc. and mailed to P.O. Box 6214, Indianapolis, IN , or at such other place or places as Landlord may hereafter designate in writing to Resident. If rental payment is not paid by the 5 th of the month, Resident shall pay, as additional rent, a late charge as specified in the Rules and Regulations. Resident shall also pay to Landlord, as additional rent, a $35.00 handling fee and a 5% late charge for each returned check given for payment of rent or other charges hereunder. If Resident gives Landlord two checks that are returned for non-payment during the term of this Lease, future rent shall be payable by certified or cashier s check or money order. An IU Faculty and Graduate Student member shall receive a discount of Dollars. In the event that this Lease is not fulfilled by Resident or if Resident defaults under the terms of the Lease, the Resident agrees to reimburse the Landlord for the total value of the above rent concession. Resident must submit acceptable proof of status as Faculty or Graduate Student; proof must be resubmitted if this Lease Agreement is renewed. 4. MOVE-IN DATE. The proposed move-in date shall be, Rental shall be due from that date until the end of the month in the sum of $_.00 Resident s possession of the premises shall start on the movein date. The fact that Resident occupies the premises prior to the term of this Lease as defined in subsection 2 shall in no way affect the term of this Lease. Performance of all obligations, covenants, and conditions shall be due from both Landlord and Resident as of the move-in date. 5. SECURITY DEPOSIT. Resident shall deposit with Landlord the sum of $.00 which shall be held as security until the apartment is vacated at the expiration of the term thereof, following which, within 45 days of written receipt of Resident s proper forwarding address, if the apartment is found by Landlord to be in the same condition as when leased, in good and clean order (except reasonable wear and tear), the deposit will be refunded to Resident. Should Resident vacate the apartment, voluntarily or involuntarily, with or without the consent of the Landlord, before the date of expiration of the Lease, such a vacating will, at Landlord s option constitute a termination of the tenancy hereunder, and said deposit shall be retained as a credit against the costs of re-renting, and/or for other damages to the extent permitted by law, or any amendments or successor provisions thereto, but such retention by Landlord shall not be construed as a waiver of any of the conditions hereof regarding termination, or a waiver of any other rights and remedies provided herein by law. For purposes of the above sentence, failure or refusal of Resident to occupy the apartment shall constitute as vacating of the apartment. 6. UTILITIES. Landlord and Resident agree that unless otherwise set forth in this Lease, Landlord is not responsible for the furnishing of utility services other than _Garbage_. Landlord shall not be liable for damages

2 arising from any interruption, modification or discontinuance in the character of the utility services received by Resident, nor shall such interruption, modification or discontinuance be a cause for termination of this Lease, or reduction or rebate of the stipulated rent, unless such damages arise from Landlord s willful negligent failure to make necessary repairs to the facilities in the leased premises through which the utility services are provided after Resident has given Landlord written notice that said facilities need repair and given Landlord reasonable time and access to make any necessary repairs. Resident must maintain electrical service in the demised premises at all times. Failure to have service in force will be grounds for default. 7. USE AND OCCUPANCY OF PREMISES. The premises shall be used by Resident only as a private residence. The premises will be occupied only by: (list all adults and children. No animals, birds, or pets of any kind will be permitted to be kept in or about the premises or elsewhere within the Apartment Community without the prior consent of Landlord, and then only on such conditions as Landlord may prescribe. 8. CONDITION OF PREMISES. Resident acknowledges the good condition of the premises and his acceptance of this Lease is conclusive evidence that said premises are in good and satisfactory order and repair, unless otherwise specified herein; and he agrees that no representation as to the condition of the premises has been made and no promise made to decorate, alter, repair or improve the premises unless otherwise specified in writing. Defects and damages not reported to Landlord within 5 days of the move-in date shall be presumed to have first occurred during Resident s occupancy of the premises. Resident shall use reasonable diligence in care of the premises. All alterations, additions and improvements made to the premises shall be at Resident s sole cost and expense, shall only be made upon the written consent of Landlord, shall become the property of Landlord and be surrendered with the premises at the expiration or termination of this Lease. 9. HOLDING OVER. UNLESS ANOTHER LEASE IS SIGNED BY THE PARTIES HERETO OR UNLESS A NOTICE TO VACATE FORM (OBTAINED FROM LANDLORD) IS SUBMITTED BY THE RESIDENT 60 DAYS BEFORE EXPIRATION OF THIS LEASE OR WRITTEN NOTICE IS GIVEN BY LANDLORD 30 DAYS BEFORE THE EXPIRATION OF THIS LEASE, THIS LEASE SHALL BE AUTOMATICALLY RENEWED ON A MONTH-TO-MONTH BASIS WHICH SHALL REQUIRE THAT THE RESIDENT SUBMIT THE NOTICE TO VACATE FORM 60 DAYS PRIOR TO VACATING THE PREMISES OR 30 DAYS PRIOR WRITTEN NOTICE BY LANDLORD FOR TERMINATION. 10. RULES AND REGULATIONS. Resident, his family, agents, guests, invitees, employees or servants shall comply with all Rules and Regulations now or hereafter promulgated by Landlord for the Apartment Community, including the printed Rules and Regulations attached. Resident shall obey all laws applicable to the premises and engage in no illegal activities in or on the premises or the Apartment Community. Residents, his family, agents, invitees, guests, invitees, employees or servants shall not be disorderly, boisterous or unlawful and shall not disturb the rights, comfort and convenience of residents of the Apartment Community. 11. PREMATURE TERMINATION. Resident will not be released from liability for performance under the full terms of the Lease. Rent will be due and payable each month until the end of the term of this lease or until the apartment is re-rented by Landlord and the new Residents have occupied the premises. Failure to make payment under the terms of this Lease will result in remedies initiated under due process of law. Resident is required to submit a Notice To Vacate form obtained from Landlord. The Notice To Vacate Form requires 60-days notice prior to vacating the premises. In the event Resident prematurely terminates the lease the security deposit will be forfeited to the Landlord. 12. RESIDENT INFORMATION. If Resident has supplied information to Landlord by means of a rental application, income certification, or similar instrument including information concerning Resident s qualification as a Qualified Tenant under Section 103(b)(12)(C) of the Internal Revenue Code, Resident covenants that all such information was given voluntarily and knowingly by Resident and, if such information proves to be false or misleading, Landlord shall have the right to terminate this Lease, in which event Resident shall immediately surrender the premises. 13. RIGHT OF ENTRY. Landlord shall have the right to enter upon the premises at reasonable times for the purposes of inspecting the same and making necessary repairs and maintenance. Such right of entry shall include any and all reasonable business purposes connected with the ownership and operation of the Apartment Community.

3 14. REIMBURSEMENT BY RESIDENT. Resident agrees to reimburse Landlord promptly in the amount of the loss, property damage, or cost of repairs or services (including plumbing) caused by negligence or improper use by Resident, Resident s family, agents, guests, invitees, employees or servants. Resident shall be responsible for any damage resulting from windows or doors left open. Such reimbursement shall be due immediately upon demand and shall take priority over crediting payment of rent. Landlord s failure or delay in demanding damage reimbursements, late-payment charges, returned check charges, or other sums due from Resident, shall not be deemed waiver thereof; and Landlord may demand same at any time, including move-out. IT IS UNDERSTOOD AND AGREED THAT LANDLORD MAY AT ANY TIME AND FROM TIME TO TIME DEDUCT DAMAGE REIMBURSEMENT, UTILITY CHARGES OR ANY PORTION THEREOF, FROM RESIDENT S SECURITY DEPOSITS OR PET DEPOSITS, AFTER NOTICE, WITHOUT WAIVER OF ANY OTHER RIGHTS OR REMEDIES OF LANDLORD, TO THE EXTENT PROVIDED BY LAW. 15. LANDLORD S LIABILITY. Landlord shall not be liable to Resident or Resident s family, agents, guests, invitees, employees or servants for any damage or loss to person or property caused by other Residents of the Apartment Community or other persons, except as otherwise provided by law. Resident agrees to indemnify and hold Landlord harmless from and against any and all claims for damages to property arising from Resident s use of premises, or from any activity, work or thing done, permitted or suffered by Resident in or about the premises, except as otherwise provided by law. Landlord shall not be liable for personal injury or damage or loss of Resident s personal property from theft, vandalism, fire, water, storms, smoke, explosions, sonic booms or other causes whatsoever unless the same is due to the negligence of Landlord. If any of Landlord s employees are requested to render any services such as moving automobiles, handling of furniture, cleaning, signing for or delivering packages, or any other services not contemplated in this Lease, such employee shall be deemed the agent of Resident regardless of whether payment is arranged for such service; and Resident agrees to indemnify and hold Landlord harmless from all loss suffered by Resident or other person in any of the aforesaid circumstances, except as otherwise provided by law. 16. SUBLETTING AND ASSIGNMENT. Resident shall not assign or sublet the premises without the prior written consent of Landlord. If Resident is determined by Landlord to be a Qualified Tenant under Section 103(b)(12)(C) of the Internal Revenue Code, the premises shall not be subleased to anyone who is not also such a Qualified Tenant. 17. LANDLORD S OBLIGATIONS. Landlord agrees to maintain the Apartment Community in a clean and sanitary condition, to make all reasonable repairs, subject to notification by Resident and Resident s obligation to pay for damages caused by Resident, or Resident s family, guests, invitees or employees, and to comply with all applicable laws. Landlord s failure to fulfill these agreements within a reasonable period of time shall not affect Resident s obligation to promptly pay the rent as and when it shall become due and payable hereunder, nor give Resident any right of abatement, withholding or escrow of rental payments, except as otherwise provided by law. 18. GASS OR CHARCOAL GRILLS. Resident shall not store nor use any gas or charcoal grill, nor any other open flame cooking or heating device, on any balcony on Landlord s property. Resident shall defend, indemnify and save harmless Landlord from and against any claim, liability or judgment, including attorney fees and defense costs, for any loss arising out of the storage or use of any such device on any balcony on Landlord s property, and from any fine or penalty imposed by any civil agency or court because of the storage or use of such a device on any balcony on Landlord s property. 19. DEFAULT BY RESIDENT. In the event of Resident s default, upon notification for a period of five (5) days in the payment of any installment of rent due hereunder, or in the performance of any of the terms, provisions, covenants and conditions herein binding upon Resident, remedies provided by law shall be taken. In the event the demised premises shall be deserted or abandoned for a period of ten (10) days or more, Landlord shall have the right, in addition to all other rights, penalties and remedies provided by law, to re-enter and take possession of the demised premises, peaceable or by force. 20. ACCELERATION OF RENT WHERE INSTALLMENT NOT PAYED. If Resident shall fail to pay any month s installment of rent for a period of 10 days after it becomes due and payable, then all the installments of rent for the whole term of this Lease shall at the option of Landlord become due and payable at once without demand. 21. EVICTION FOR OBJECTIONABLE CONDUCT. In the event Landlord shall at any time deem the tenancy of Resident undesirable by reason of his excessive and/or wanton use of utilities or objectionable or improper

4 conduct, or the objectionable or improper conduct of his family, guests, invitees or employees, causing annoyance or disturbance to other Residents in the building or Apartment Community of which the demised premises constitutes a part; or, if it becomes necessary for the police to visit Resident or his family, guests, invitees or employees for improper behavior or if, in the opinion of the Landlord, Resident fails to maintain his apartment in a clean and sanitary manner, or if his children are left without proper supervision, Landlord shall have the right, in addition to all other rights and remedies provided by law, after twenty-one (21) days written notice to Resident, to evict Resident on the thirtieth (30 th ) day should that Resident fail to comply. 22. ABANDONED PROPERTY. If the Resident vacates the premises--either due to the expiration of this Lease Agreement, or under any other circumstances including dispossession by process of law--and the Resident fails to remove any and/or all of his/her personal property, the personal property shall be deemed to be abandoned and shall become the property of the Landlord. 23. LIENS OR SALES. Landlord may encumber the premises and/or the Apartment Community by mortgage(s) and/or deed(s) of trust and any such mortgage(s) or deed(s) of trust so given shall be a lien on the land and buildings superior to the rights of the Resident herein. Foreclosure of any mortgage or sale under a deed of trust shall not constitute a constructive eviction of Resident. Any sale of any part of the Apartment Community shall not affect this Lease or any of the obligations of Resident hereunder. Upon such sale, Landlord shall be released from all obligations hereunder and Resident shall look solely to the then owner of the Apartment Community for the performance of the duties of Landlord hereunder from and after such sale. 24. NOTICES. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered, when deposited into United States Mail, postage prepaid, and the sender retains sufficient proof of mailing, which may be a United States Postal Service certificate of certified or registered mail, such notice being addressed to Resident at the premises and to Landlord at the office address of the Apartment Community (or at such other address or addresses as Landlord may hereafter designate to Resident). Personal delivery of any such notice by Landlord or Resident at the above address shall also be effective delivery. 25. SERVERABILITY. If any provision, term or condition of this Lease is held invalid, the other provisions, terms and conditions and/or the remaining portion of such provisions, terms and conditions shall not be affected thereby and shall continue in force and effect. 26. ADDENDA. Resident acknowledges receipt of all items checked as Addenda to, and hereby made a part of this Lease. 27. SMOKE DETECTOR. Resident acknowledges that the demised premises has been equipped with a smoke alarm and that said smoke alarm is in good and satisfactory working order, unless otherwise specified in writing within 5 days of the move-in date. Resident is responsible for battery replacement and periodic inspections by pressing the test button, and, in the event that the smoke alarm is not working properly, Resident is responsible for notifying Landlord so that Landlord may have reasonable time and access to make any necessary repairs. Landlord shall not be held liable for damages arising from Resident s willful neglect or damage to smoke alarm or failure to notify Landlord of any required repairs. 26. LEAD PAINT. 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 lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Resident acknowledges (i) that they were informed that the premises they are renting may contain lead-based paint, (ii) that they are aware that lead-based paint can poison and is hazardous to one s health, particularly children under 6 years of age, and can cause permanent damage if ingested, (iii) that the undersigned was given the pamphlet issued by the EPA, entitled Protect Your Family from Lead in Your Home (iv) that the undersigned takes full responsibility for any injury caused by lead-based paint to themselves, or anyone residing in, or visiting the premises, while in the undersigned s control, (v) ) that the undersigned shall hold DEER PARK MANAGEMENT, INC, landlords, property owners, Mortgagee, or their officers or agents harmless for any injury caused by lead-based paint (vi) that the undersigned will inform the landlord if they suspect a lead-based problem, especially with chipping, flaking or pealing paint

5 THIS is the entire agreement between the parties and no modification or addition to it shall be binding unless signed by the parties hereto. The covenants, conditions and agreements contained herein are binding upon and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns. Residents signing this Lease shall be jointly and severally liable. Whatever the context so requires, the singular number shall include the plural, the singular and the use of any gender shall include all other genders.

6 READ THIS INSTRUMENT BEFORE SIGNING LANDLORD: Deer Park Management, Inc. (Management/Leasing Consultant s Signature) RESIDENT OR RESIDENTS: Signature Permanent Address City, State, Zip Social Security # Signature Permanent Address City, State, Zip Social Security # Signature Permanent Address City, State, Zip Social Security #