L E A S E. Residential

Transcription

1 Residential L E A S E This LEASE is made and entered into as of this day of,, by and between Case Western Reserve University, owner, c/o Elmer E. Kless, Asst. Director of Property Management, Euclid Ave., Cleveland, Ohio 44106, and hereafter referred to as Landlord and Joe. E. Sample hereinafter collectively referred to as "Tenant." If more than one person occupies the Premises which is the subject of this Lease, each such person shall be jointly and severally liable for the rents to be paid and the covenants and other obligations and liabilities arising hereunder. 1. PREMISES. In consideration of the rents to be paid and the covenants and agreements to be performed by Tenant, Landlord does hereby lease to the Tenant the following described premises situated in the City of Cleveland, County of Cuyahoga, and the State of Ohio, to wit: Apartment n/a of the Building known as Glenwood House situated at Glenwood Ave. including common areas and garage space, if applicable, hereinafter collectively designated as the "Premises." 2. TERM. The term of this Lease shall be for the period commencing on Apri 1, 2011 and ending on March 31, RENT AND OTHER CHARGES. Tenant covenants and agrees to pay to Landlord without deduction or setoff and without demand, as rent for said premises, the sum of $ 10, throughout the term of this lease payable as follows: $ 1, for the first month of the lease (which amount has been prorated, if the lease commences on a day other than the first day of the calendar month), and $ 1, per month for the remaining months of the lease. All payments shall be made by check or money order, in advance, on the first day of each and every calendar month during the term at the address for Landlord set forth above, or at such other place as the Landlord may in writing designate. Said monthly installments include n/a garage space(s) at n/a. Tenant shall pay a late charge in the amount of forty dollars ($40) for any payment received by Landlord after the fifth (5th) day of the calendar month in which such payment is due. If any check tendered by Tenant in payment of any rent or other charge due under this Lease is returned by the Tenant's bank for any reason, a return check fee in the amount of forty dollars ($40) will then be due and payable to Landlord. If a check is returned by the Tenant's bank and the check is not replaced by the fifth (5th) day thereafter, then such payment will also be considered late, and the applicable forty dollars ($40) late fee, as well as the forty dollars ($40) returned check fee, will be due and payable to Landlord. If not sooner paid, such late fee and return check fee shall be added to and become a part of the rent due and payable by Tenant the following calendar month, together with interest thereon as provided in this Lease. 4. SECURITY DEPOSIT. Simultaneously with the execution of this Lease, Tenant shall deposit the sum of One Thousand dollars ( $ 1, ) with Landlord which deposit shall be without interest, except as hereinafter provided, as security for the faithful performance by Tenant of all of the terms and conditions of this Lease. In the event said security deposit exceeds the amount of the monthly installments of rent, as set forth in Paragraph 3 above, and Tenant remains in possession of the Premises for six (6) months or more, Landlord shall pay Tenant interest with respect to such excess at the rate of five percent (5%) per annum, computed and paid annually. Landlord shall have the right to apply said security deposit or any part thereof toward the repair of damage to the Premises caused by Tenant, toward the cost of cleaning and/or repainting of all or any portion of the Premises, if required due to the unreasonably dirty condition of the Premises at the end of the term thereof, and toward the payment of any amount to which the Landlord is entitled under the terms and conditions of this Lease, and to receive from Tenant, upon demand, reimbursement of the amount so applied, without, however, relieving Tenant of any additional liability hereunder. If upon the expiration, termination or cancellation of this Lease, and the surrender of possession of the Premises to Landlord, Tenant shall have faithfully performed all obligations required hereunder, such deposit shall be refunded to Tenant by Landlord within thirty (30) days as provided by law, to any forwarding address provided in writing by Tenant to Landlord. It is understood and agreed by Landlord and Tenant that said security deposit is not to be considered prepayment of rent. 5. CONDITION OF PREMISES. Tenant acknowledges and agrees that Tenant has examined the Building and the Premises contained therein, and accepts the same in their present condition, and that the Landlord or Landlord's agents have made no representations or promises with the respect to said Building, Premises or common areas, except as contained in this Lease, and the Premises are accepted by the Tenant. The taking of possession of the Premises by Tenant shall be conclusive evidence, as against Tenant, that the Premises and Building (together with the common areas appurtenant thereto) were in good and satisfactory condition at the time such possession was taken by Tenant, except as provided in any writing signed by representatives of Landlord and Tenant. 6. OCCUPY AND USE. The Premises shall be used and occupied solely as a private resident apartment dwelling by Tenant, not to exceed a maximum of three (3) persons. Tenant shall disclose to Landlord the name and age of every occupant of the Premises. Any person determined by Landlord to represent an unreasonable threat to person or property or who is determined by Landlord to be uncreditworthy shall not be permitted to occupy the Premises. Tenant shall occupy and use the Premises and appurtenances in a careful, safe and proper manner and shall

2 not cause or permit the Premises to be used for any unlawful or immoral purpose, for the sale or manufacture of alcoholic beverages or the unlawful sale, manufacture or use of drugs or the creation of a nuisance or in any way that will injure the reputation of the Premises or the Building. 7. WATER, UTILITIES AND SERVICE. Landlord, without charge to Tenant, shall provide cold water to the Premises. Tenant shall arrange for and pay for electricity and any other utility services to the Premises and shall pay all charges against the Premises for all such utility services as the same become due and payable. Any interruption or curtailment of any utility service shall not constitute a constructive or partial eviction of Tenant, nor entitle Tenant to any damages or abatement of rent. It is expressly understood and agreed that any failure by Landlord to furnish such utility services to the Premises shall not be deemed a breach of this Lease, and Landlord shall incur no liability whatsoever therefore, if such interruption or curtailment of services shall be caused by strike, accident, civil unrest or the occurrence of any event beyond the reasonable control of Landlord. 8. TENANT'S MAINTENANCE. Tenant shall use his/her reasonable best efforts to keep and maintain the Premises in a clean, sightly, healthful and good condition, order and repair, free of waste and other abuses. All alterations and repairs to the Premises to be made by Tenant shall require the prior written consent of Landlord and shall remain for the benefit of the Landlord, unless otherwise provided for in said written consent. Tenant shall not undertake any necessary repairs or replacements to the Premises or any portion thereof or fixture thereto, but instead shall give Landlord immediate notification of any repairs or replacements needed. If the Premises shall not be kept in a clean, sightly and healthful condition by the Tenant as aforesaid, or if any repair or replacement shall become necessary, the Landlord, or Landlord's agents, or employees, may enter the Premises with such notice as may be reasonable under the circumstances, without such entering causing or constituting a termination of this Lease or interference with the possession of the Premises by the Tenant, place the same in condition as existed at the date of execution hereof, and Tenant agrees to pay Landlord, on demand, in addition to the rent hereby reserved, the expenses of the Landlord in thus placing the Premises in that condition. Tenant shall not cause or permit any waste, misuse or neglect of the Premises, including any water, gas or electric fixtures which are a part thereof. 9. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or in any manner transfer any interest or benefit hereunder, or sublet the Premises or any part thereof, or permit the use of the Premises or any part thereof by anyone other than an authorized occupant, without the prior written consent of Landlord, which consent may be withheld in the sole and absolute discretion of Landlord; and any such consent, if granted by Landlord, shall be limited to the instances stated therein, and shall not be deemed to constitute a release, waiver or consent to any other or further assignment, transfer of interest or subletting. Landlord may collect from any authorized or unauthorized assignee, sublessee or occupant, any rent or charges due by Tenant to Landlord under the terms of this Lease, and Landlord may apply the same toward Tenant's obligations under this Lease; and such collection shall not be deemed a waiver of any of the provision of this Lease, nor an acceptance of the assignee, sublessee or occupant as a Tenant, nor shall it release Tenant from performing any of the terms, covenants or conditions of this Lease. 10. SUBORDINATION. This Lease and the rights of Tenant hereunder shall at all times be subject, subordinate, junior and inferior to the lien and encumbrance of any mortgage, deed of trust, or other security instrument now or hereafter placed on the land and Building of which the Premises form a part, and Landlord's furnishings and equipment contained therein, and to any and all advances heretofore made or hereafter to be made upon the security of said mortgage, deed of trust or other security instrument, and to any and all extensions, modifications, replacements, substitutions thereof and changes therein; and Tenant in further confirmation of the foregoing subordination, shall on demand execute and deliver to Landlord any instrument that may be required by any mortgage, deed or trust or other security instrument. In the event Tenant shall refuse to execute any such instrument or instruments, Tenant does hereby irrevocably nominate and appoint Landlord or Landlord's nominee as Tenant's agent and attorney-in-fact with the right to execute such instruments, and Tenant does hereby confirm and ratify any instruments so executed by virtue of this power of attorney. 11. DELIVERY OF POSSESSION. Tenant acknowledges that the commencement date of the term of this Lease specified in section 2 (Term) hereof is the date that Landlord presently intends to deliver possession of the Premises to Tenant. In the event Landlord shall be unable to deliver possession of the Premises to Tenant on the specified commencement date as a result of any cause whatsoever, then, notwithstanding the commencement date specified in section 2, the term of this Lease shall commence on such later date that possession of the Premises is delivered to Tenant. Landlord s failure to deliver possession of the Premises to Tenant on the specified commencement date shall not be deemed as a breach or default of Landlord under this Lease nor shall Landlord be liable for any damages or expenses suffered or incurred by Tenant in connection therewith. In the event the actual commencement date occurs on a date later than the commencement date specified in section 2, the expiration date of the term of this Lease shall not be affected thereby. Upon Landlord s request, the parties shall confirm the commencement date of the term of this Lease in writing once the commencement date occurs. 12. USE OF PUBLIC HALLS, ELEVATORS AND ROOF. The entrances, passages, halls, corridors, stairways, elevators, exits and fire escapes, driveways or any other common area of the Building, or land on which the Building is situated, shall not be obstructed by the Tenant, his/her agents or servants, nor used by him/her or them for any purpose other than ingress to or egress from the Premises. No furniture or bulky articles shall be carried up or

3 down the stairways or elevators of the Building, except only at such times and under such regulations as may be prescribed by Landlord. Tenant shall not erect any structures for storage, construct any aerial, or use or enter upon the roof for any purpose whatsoever without the prior written consent of the Landlord. 13. LANDLORD'S RIGHT OF ENTRY. Landlord, its agents and employees, shall have the right to enter the Premises at all reasonable hours with such notice as may be reasonable under the circumstances for the purpose of inspection or the making of repairs, if any, which Landlord under the terms hereof wishes to make to the Premises, or repairs on the Building of which the Premises form a part. However, it is expressly understood and agreed that Landlord is under no duty to make any such inspection, and that nothing in this Paragraph shall be construed as relieving Tenant of the duty of paying costs of repairs or of giving written notice of any defective condition as elsewhere in this Lease provided. Landlord, or its agents, shall also have the right to show the Premises to prospective tenants at reasonable times and with reasonable notice and to enter the Premises at any time (with or without notice) for any and all emergencies which may arise in or near the Premises. 14. CLAIMS FOR DAMAGE TO PERSON OR PROPERTY. All personal property belonging to Tenant, or to any other person, located in or about the Building or the Premises, shall be there at the sole risk of Tenant or such other person, and neither Landlord nor Landlord's agents, servants or employees shall be liable for the theft or misappropriation thereof, nor any damage or injury thereto, it being understood that Tenant shall purchase such Renter's Insurance that he/she shall deem advisable. Landlord, its agents and employees, shall not be liable for and Tenant waives any and all claims for injury to persons or property damage sustained by Tenant, its invitees, and guests or any person or persons claiming by or through Tenant or such persons, resulting from, but not limited to, damage caused by water, snow, frost, ice, steam, heat or cold, dampness, falling plaster, sewers or sewage, gas, odors, noise, bursting or leaking of pipes, and from the operation of plumbing and electrical systems, equipment and fixtures of all kinds, or for any act, neglect or omission of other tenants or occupants of the Building in which the Premises are located or of any other person. To the maximum extent permitted by law, Tenant agrees to protect, indemnify and save harmless Landlord for all losses, costs or damages (including attorneys fees and other legal costs and expense) to the Premises or to the Building in which the Premises are located sustained by reason of any intentional or wrongful act or omission by Tenant, its invitees and guests causing injury to any person or property whosoever or whatsoever due directly or indirectly to the use of the Premises or any part thereof by Tenant. 15. AUTOMOBILES. The use or storage of Tenant's or any other person s automobile or other titled vehicle shall at all times be at the risk of the Tenant. Should any employee of Landlord assist Tenant or take part in the parking, moving or handling of Tenant's or any other person's vehicle entrusted or placed in the hands or custody of any such employee for any reason whatsoever, such employee in doing any of the foregoing shall be the agent of Tenant or such other person and not of Landlord, and Landlord shall not be liable to Tenant or to any other person for the acts, negligence or omission of such employee in connection therewith, or for the loss of said vehicle or any contents therein or damage thereto. Any vehicle owned or operated by Tenant, by any other occupant of the Premises, or by any such person's invitee or guest, which becomes disabled while parked in the garage or at any other portion of the property upon which the Premises is located shall be immediately removed. Failure of Tenant to cause such disabled vehicle to be removed within forty-eight (48) hours of the onset of such disability shall constitute an event of default hereunder, and shall entitle Landlord to cause such vehicle to be immediately removed and stored off-site at the sole risk and expense of the owner thereof. The parties agree that Landlord's property constitutes a "place of storage" for a motor vehicle for purposes of Section of the Ohio Revised Code. 16. TENANT'S NEGLIGENCE. Notwithstanding anything to the contrary contained herein, in the event the Premises shall be damaged or destroyed by any cause or means whatsoever due to the negligence of Tenant, Tenant's family, employees, agents, visitors or licensee, the cost of repairing said damage and rebuilding said destruction shall be the sole obligation of Tenant herein, payable as rent hereunder, and the Tenant shall not be entitled to nor receive any abatement of rent whatsoever if the Premises are untenantable in part or whole. In the event the Premises or the Building in which the Premises are located shall be damaged or destroyed by any cause or means not due to the negligence of Tenant, Tenant's family, employees, agents, visitors or licensees, then Landlord at its sole discretion may, within fifteen (15) days of the occurrence of the casualty, elect to either (a) terminate this Lease upon notice to Tenant, or (b) repair or rebuild the Premises at Landlord's sole cost within a reasonable time, in which event, in either case, rent shall be equitably abated as of the time or the occurrence of the casualty. 17. DEFAULT. Tenant hereby expressly agrees that a default under the terms and conditions of this Lease shall be deemed to have occurred if Tenant fails to pay any rent or other amount herein stipulated as and when the same becomes due and payable or within three (3) days thereafter; or if Tenant fails to faithfully perform any of the other terms or conditions of this Lease; or if Tenant shall make any misleading, incorrect or untrue representation of his/her application for Apartment Lease; or if the Premises have become vacant, deserted or abandoned, or if Tenant is adjudicated a bankrupt; or if a receiver is appointed for Tenant's property, including Tenant's interest in the Premises, and such receiver is not removed within thirty (30) days after appointment; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the rental or any part thereof is, or is proposed to be, reduced or payment thereof deferred; or if Tenant makes an assignment for benefit of creditors; or if the Premises or Tenant's effects or interest therein should be levied upon or attached under process against Tenant not satisfied or dissolved within thirty (30) days after such levy, or if Tenant, his/her agents,

4 employees, visitors or licensees or any authorized occupant of the Premises shall engage in any conduct or activity deemed objectionable or improper in the opinion of the Landlord. Upon default by Tenant, Landlord, in addition to all other remedies given to Landlord in law or equity, may by three (3) days prior written notice to Tenant terminate this Lease, or without terminating this Lease, re-enter the Premises by summary proceedings or otherwise and dispossess Tenant. If Landlord elects to terminate Tenant's right to possession only without terminating this Lease as above provided, or if this Lease is terminated for any reason whatsoever, Landlord may remove from the Premises any and all property found therein and such removal shall not release Tenant from Tenant's obligation to pay rent herein reserved. After any such removal by Landlord without termination of this Lease, Landlord may, but need not, relet the Premises or any part thereof, as agent of Tenant to any person for such time and upon such terms as Landlord in Landlord's sole discretion may determine: Landlord may make repairs, alterations and additions in and to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable and Tenant, upon demand in writing, shall pay the cost thereof together with Landlord's expenses of reletting, including any cost and expense of advertising, all court costs and a reasonable share of Landlord's overhead and administrative costs attributable to the management of the Building and the Premises. If the rents collected by Landlord upon any such reletting are not sufficient to pay monthly the full amount of the rent reserved herein, together with the costs of such repairs, alterations, additions, redecorating and expenses, Tenant shall pay to Landlord the amount of each monthly deficiency upon demand in writing, and if the rent so collected from any such reletting is more than sufficient to pay the full amount of the rent reserved herein, together with such costs and expenses of Landlord, Landlord, at the end of the stated term of this Lease shall account for and pay any surplus to Tenant upon demand in writing. 18. LANDLORD'S LIEN. Subject to the provisions of Section of the Ohio Revised Code, any and all property which may be handled, removed, stored or, if abandoned by Tenant, disposed of by Landlord shall be handled, removed, stored and disposed of at the sole risk and expense of Tenant, and Landlord in no event shall be responsible for the preservation or safekeeping thereof. To the maximum extent permitted by law, Landlord shall have a lien against said property for any and all expenses incurred by such removal, including all storage charges against such property, and any unpaid rental and other charges due Landlord from Tenant under the terms of this Lease. If any property shall remain in the Premises and shall not be reclaimed by Tenant within ten (10) days of the Landlord's taking possession of the Premises under the terms of this Lease, said property shall conclusively be deemed to have been forever abandoned by Tenant. 19. NOTICES. Whenever under this Lease or under any statute or ordinance provision is made for notice of any kind, it shall be deemed a sufficient notice and service thereof if the said notice to Tenant is left at the Premises or sent by certified mail addressed to the last known post office address of Tenant or addressed to the Premises and deemed given when so deposited in the mail; and notice to Landlord shall be deemed sufficient notice and service thereof if the notice is delivered personally or sent by certified mail to the office address set forth in the first paragraph of this Lease. Notice need be sent to only one Tenant where the Tenant consist of more than one person. 20. RULES AND REGULATIONS. The Rules and Regulations attached to this Lease or posted in the Building in which the Premises are located are made a part hereof by reference and incorporated herein, and Tenant shall observe the same and shall ensure that all other occupants of the Premises and all Tenant's invitees and guests observe the same. Failure of any such person to keep and observe said Rules will constitute a breach of the terms of this Lease in the same manner as if the said Rules were contained herein as covenants, and a failure to observe the same shall be of the same effect. Tenant shall keep and observe such further reasonable Rules and Regulations as may later be required by Landlord, which may be necessary for the proper and orderly care of the Building of which the Premises are a part. 21. VACATION OF PREMISES; HOLDOVER. Tenant shall deliver up and surrender to Landlord possession of the Premises upon the expiration or termination of the term of this Lease, in as good condition and repair as the same shall be at the commencement of said term, except ordinary wear and tear and loss by fire or other casualty beyond Tenant's control covered by the standard extended coverage insurance policy. Upon said surrender of possession, Tenant shall deliver the keys at the office of Landlord or Landlord's agent. If all keys are not returned at that time, Tenant shall pay to Landlord a fee in the amount of Forty-Five Dollars ($45) to cover Landlord s cost of replacing the keys and locks. If Tenant fails to surrender possession upon the expiration or termination of the term of this Lease, such holding over shall, at Landlord s option, create a tenancy at will, terminable by Landlord effective immediately upon delivery of a termination notice to Tenant. The monthly rent payable during such tenancy at will (which shall be computed and payable on a per diem basis upon demand) shall be equal to two hundred percent of the monthly rent payable hereunder for the month immediately preceding such holdover. To the maximum extent permitted by law, Tenant shall be liable for all damages and expenses suffered or incurred by Landlord as a result of Tenant s holding over. 22. INSURANCE SUBROGATION. Tenant hereby releases Landlord, from any and all liability (to Tenant or anyone claiming through or under Tenant by way of subrogation or otherwise) for any loss or damage to property covered by the fire or extended coverage insurance policies carried by Tenant hereunder, even if such damage shall have been caused by the fault or negligence of Landlord, or anyone claiming through or under Tenant; provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such time as such policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect nor impair such policies or prejudice the right to recover thereunder. Tenant agrees that its policies of insurance will include such a clause or endorsement so long as the same shall be obtainable.

5 23. ENTIRE AGREEMENT. This Lease contains the entire agreement between Landlord and Tenant and no statement or representation of either Landlord or Tenant, or of their respective agents or employees, shall form a part hereof or be binding upon either party; this Lease shall not be changed or modified, except by a written instrument signed by the parties hereto. The covenants, conditions and agreements made and entered into by the parties hereto shall be binding upon their respective heirs, successors, representatives and assigns. 24. CONFORMITY TO LAW. Notwithstanding anything to the contrary contained herein, the provisions of the Ohio Revised Code Chapter 5321 (Landlord Tenant Act), as amended from time to time, shall be controlling and shall govern the rights of the parties herein where inconsistent with any provision of the Lease. Tenant has read, is familiar with and understands the contents of this Lease. IN WITNESS WHEREOF, the parties have hereunto signed this Lease at Cuyahoga County, in the State of Ohio on the day and year first above written LANDLORD: CASE WESTERN RESERVE UNIVERSITY TENANT: For Case Western Reserve University : Joe E. Sample Its : : By: : Elmer E. Kless, Asst. Dir. of Property Management : : The undersigned co-signer(s) ( Co-Signer ) of this Lease hereby acknowledges that each tenant may be held responsible for the entire amount due under the Lease and, by co-signing this lease, Co-signer agrees to be responsible for that amount. Co-signer also agrees and acknowledges that his/her/their responsibility will continue notwithstanding the extension or modification of the Lease until the Lease is terminated in writing and all amounts due thereunder are paid in full. CO-SIGNERS: