PREMIER PROPERTY MANAGEMENT 215 Mill Street, P.O. Box 162, Jasper, Indiana 47546 (812) 634-2420 Fax (812) 482-9529 REAL ESTATE LEASE This lease is made as of the date written below and between (Landlord), and (each referred to as Tenant, and if more than one, collectively referred to as Tenants ). All persons must sign this lease. All Tenants shall be jointly and severally liable for all terms of this lease. This lease is subordinate to Landlord s creditors for mortgage purposes. PREMISES: The premises herein leased is known known as. Tenant has inspected the premises and accepts the premises as is without any representations or warranties. TERM: The term of this lease shall be from the, to the, and shall terminate at 12:00 o clock NOON on such day. (Any Notice of intent by either party regarding lease renewal, extension, or termination at expiration, shall be subject to written policy as stated herein and in Apartment Rules and Regulations, including if necessary, the proper execution of a new lease.) Should Tenant break the terms of this Lease, Tenant agrees to pay Landlord TWENTY DOLLARS ($20.00) for each unfulfilled month in the term of this Lease. RENT: Tenant agrees to pay to Landlord the sum of $ each month, without any prior demand, deduction, counterclaim, setoff, or excuse with the first installment prorated to the first day of the first month of this lease and all others due in advance on the first day of each month during said terms, without relief from valuation or appraisement laws, together with all costs of collection, including reasonable attorney fees, said rent to be payable at the office of Landlord. If one or more of the Tenants shall vacate the apartment during the term of this lease, or should fail to pay any part of the rent when due, the remaining Tenants must continue to pay the full rental due and must otherwise fully comply with these lease terms to keep the lease in force. Furthermore, under no circumstances will vacating the apartment or entering into an arrangement with others to pay the rents or to comply with the lease terms release any Tenant from his or her personal obligation to pay the rent and to fully comply with the lease terms. RENEWAL OF LEASE AND NOTICE OF MOVE-OUT: In order to accommodate the needs of both current and future tenants, it is essential that Tenant provide Management a THIRTY (30) DAY MOVE- OUT WRITTEN NOTICE prior to vacating premises. Written Notice must be in the hands of Management thirty (30) days prior to actual move-out date. After terms of original Lease have been satisfied, Lease shall be automatically renewed on a month-to-month basis, with the requirement for a THIRTY (30) DAY WRITTEN NOTICE remaining in effect. Landlord reserves the right to show and lease apartment effective on lease expiration date or any time during the thirty (30) day period prior to Lease expiration date if Tenant provides a THIRTY (30) DAY MOVE-OUT WRITTEN NOTICE. Tenant acknowledges receipt of a THIRTY (30) DAY MOVE-OUT WRITTEN NOTICE blank form provided with this copy of Lease. Tenant agrees per month retroactive to the due date. If late fees or any other fees are not paid, they will be if rent is paid later than five (5) days after the due date, there shall be a late fee charge of TWENTY FIVE DOLLARS ($25.00) and after the 15th of the month another $25.00 late fee
will be accessed. If not paid it will be deducted from the deposit. At such time Tenant shall pay Landlord immediately such additional sums so that Landlord always maintains the full amount of the security deposit required below from Tenant. There will be a THIRTY DOLLAR ($30.00) charge for any check that is returned by the Tenant s bank, plus any bank fees. Returned checks may be redeemed only with cash, money order, or certified check. Landlord may also require that rentals be paid with cash, money order or certified check. SECURITY AND DAMAGE DEPOSIT: The sum of $ to be paid as Security Deposit at the time the Tenant signs the lease. Tenant may not apply the Security Deposit to rent payments. Landlord is not required to keep such deposit separate from its other funds and may commingle such deposit with its other funds. Furthermore, Tenant is not entitled to any interest which may accrue on any such deposit. Security Deposit shall be forfeited in full should Tenant violate any provision of this lease, the Apartment Rules and Regulations, or should Tenant be evicted. Tenant hereby authorizes Landlord to deduct the following charges from the Tenant s Security Deposit: A. Any unpaid fees and charges provided by the terms of this lease. B. Any attorney s fees, court costs, and other expenses caused by breach of any provision(s) of this lease by Tenant. C. The cost of any repairs, replacements, redecoration, refurnishing of the premises or any fixtur D. Reasonable cleaning expenses. E. The cost of professionally cleaning the carpet at the end of the lease term. F. The cost of pest control treatment of premises due to Tenant s action. The balance of the Security Deposit remaining after deductions will be returned to Tenant within forty five (45) days after the end of this lease provided Tenant provides Landlord a written forwarding address. This lease may not be assigned or the premises sublet without the prior written approval of Landlord. If written approval is granted for sublease purposes, the original Tenant will continue to be responsible for all payments due as provided in this lease, and for all other obligations of Tenant set forth herein, and original Tenant s security deposit will be retained until the end of the term of this lease. Landlord may (but is not obligated to) obtain an additional security deposit from the sub lessee and may (but is not obligated to) exhaust the sub lessee s deposit before making any claim against the original security deposit of Tenant. Landlord may (but is not obligated to) make an inspection prior to sub lessee s occupancy. Landlord shall make a final inspection after all tenants have vacated and removed all possessions, but is not responsible for determining what, if any, damage was caused by Tenant and what, if any, damage was caused by sub lessee. Tenant shall remain liable under this lease unless Tenant is specifically released in writing by Landlord, regardless of whether the Tenant is occupying the premises or a sub lessee is occupying the premises. If Landlord permits Tenant to terminate this lease prior to expiration of the lease term, Tenant shall forfeit the security deposit. A sublease fee of Four Hundred Dollars ($400.00) is payable to Landlord and is the responsibility of sublease. OCCUPANCY: Tenant covenants and agrees that no more than persons total may occupy the lease premises unless an additional child be born to the Tenant s family. Overnight guests shall be considered occupants after three (3) days unless written consent for longer periods is obtained by Tenant from Landlord. Only those persons named in this lease are permitted to reside at premises. It is a violation of this lease to permit unauthorized persons to reside at premises. Tenants must obtain approval from Landlord to add persons to or delete persons from this lease. USE OF PREMISES: Tenant will occupy and use premises for his or her private residence and for no other purpose. Tenant shall not make any alterations, additions, or improvements to the premises; shall
which will increase the insurance rate; pose risks to others, overload the wiring installations or other facilities, or disturb others (in the sole opinion of Landlord); shall not permit to be kept or used on the premises inflammable fluids or explosives; shall not play stereo, radio, TV or musical instrument, so loudly that it disturbs the quite enjoyment rights of others; shall not store items of an unsightly matter, act in such a way or fail to act in such a way, or permit others to act in such a way or fail to act in such a way which would disturb others (in the sole opinion of the Landlord); and shall not accumulate waste or refuse matter. Tenant shall be entitled to store items of personal property in ATTIC SPACE ABOVE THEIR UNIT ONLY (where applicable) during the term of this lease. Landlord shall not be liable for loss of, or damage to, such stored items. UTILITIES AND MAINTENANCE: Landlord shall provide following utilities:. No washer and/or dryer may be used in the apartment unless it has been equipped for such use. Any damage resulting from use of an illegal washer and/or dryer shall be the responsibility of Tenant. Landlord shall have no liablity for any injury or damage which may arise or accrue from Landlord s failure to furnish water, air conditions, or heat, regardless of the cause of such failure, all claims for such injury or damage being hereby expressly waived by Tenant. Screen doors and blinds on patio doors are the responsibility of tenant and are not provided by landlord. (If there is a screen door or blinds on your unit it was left by the former tenant.) Tenant shall continually keep the premises during the term of this lease in as GOOD AND CLEAN AND SATISFACTORY condition, which Tenant recognizes was the condition of the premises when Tenant took possession. At the expiration or termination of this lease or any renewal thereof, the premises shall be delivered to the Landlord in said good and clean and satisfactory condition and upon default of this condition, Landlord may as Tenant s agent, restore said premises to such condition and obligate the Tenant to pay such restoration. All property of Tenant remaining on the premises the last day of the term of this lease shall conclusively be deemed abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of such removal. Landlord may have any such property stored at Tenant s risk and expense or, at Landlord s option, sold and the net proceeds (after expenses are paid) applied against any and all amounts owed Landlord under this lease. RESERVED RIGHT: Landlord shall have the right to retain and use pass keys and to enter the premises from time to time at all reasonable hours for the purpose of making repairs, alterations, and spraying for pests which the Landlord shall deem necessary and for showing the apartment to prospective tenants after Tenant states he or she is not renewing the lease, and for inspecting the premises. A twenty four (24) hour notice shall be given for routine inspections, or showing same to prospective tenants or purchasers. In the case of an emergency, Landlord may enter the premises without Tenant s consent. LANDLORD S NONLIABILITY: Landlord shall not be liable for damages to persons or property sustained by the Tenant, Tenant s family, employees, servants, agents, guests, or other persons, due to the building or any of the appurtenances becoming out of repair or arising from leakage of gas, steam, water or sewer pipes, or from defective wiring, or from any act or failure to act by Landlord, and Tenant hereby releases Landlord from such claims and agrees to hold Landlord harmless and to indemnify Landlord from such claims. Landlord shall not be responsible or liable to Tenant, Tenant s family, employees, servants, agents, guests, or other persons for loss or damage which may be occasioned by or through the acts or omissions of persons occupying or using adjoining premises, any part of the premises
adjacent to or connected with the leased premises, or any common areas and grounds, or others who might come upon the premises, adjoining premises, any part of the premises adjacent to or connected with the premises, or any common areas or grounds, and Tenant hereby releases Landlord from such claims and agrees to hold Landlord harmless and to indemnify Landlord from such claims. It is agreed that the common areas and grounds on which is located the demised premises, including laundry room and equipment, walkways, stairways, parking lot, lawn and all other areas and equipment to be used in common by all occupants of the apartment building and grounds, are provided and maintained gratuitously by Landlord and that their use is not appurtenant to the premises hereby leased; and the Tenant hereby expressly agrees that if the same shall be made use of by Tenant, Tenant s family, employees, servants, agents, or other persons, such use will be at this, or their own proper risk and that the Landlord shall, in no event, be liable thereby for any loss, or damage, to persons or property, whether such property be contained in laundry room or other common areas in the premises, or in any other portion of said building and grounds even though such loss or damage shall be caused by the negligence of Landlord, or its agents or employees. Landlord shall not be liable for failure to deliver possession of the premises at any specified time but Tenant s rent shall abate from the date of the commencement of this Lease of the date possession is delivered to Tenant. No act or thing done by the Landlord s agents or employees during the leased term shall constitute either an eviction by the Landlord or an acceptance of the surrender of said premises, unless the same is evidenced in writing signed by the Landlord or agent of the Landlord. The acceptance of delivery of the keys to the leased premises by an employee or agent of the Landlord prior to expiration of the Lease term shall not act as a termination of this Lease. The failure of Landlord to insist on strict performance of any covenant or condition hereof, or to exercise any option herein contained, shall not be construed as a waiver of such covenant, condition or option in any other instance. FIRE OR CASUALTY: In the event the leased premises are substantially damaged by fire, wind, explosion or other cause, as solely determined by the Landlord, or if the premises or access thereto or a portion of the apartments are condemned or acquired by governmental or other authority, the Landlord may, at its option, either terminate this Lease or repair or restore said premises within thirty (30) days. If the premises are so repaired or restored, then this Lease shall remain in full force and effect, but rent shall be proportionately reduced unless the damage results from the fault of Tenant, Tenant s family, agents, servants, visitors or licensees (an in such case Tenant shall not be entitled to any abatement or reduction of rent, except to the extent, if any, that Landlord receives the proceeds of rent insurance in lieu of such rent). If the premises are not, or cannot be, so repaired or restored within such thirty (30) days, this Lease shall terminate unless agreed in writing prior to such designated terminating day, and Landlord shall have no liability to the Tenant or any other persons for such termination. Tenant agrees to be responsible for damage or loss to his/her personal property. TENANT ACKNOWLEDGES THAT LANDLORD S INSURANCE DOES NOT INSURE TENANT S PERSONAL PROPERTY AND THAT LANDLORD HEREBY ADVISES TENANT TO SECURE RENTER S INSURANCE FOR HIS/HER OWN POSSESSIONS AND PERSONAL LIABILITY. RULES AND REGULATIONS: This lease shall be subject to the Apartment Rules and Regulations furnished to Tenant herewith, and to any reasonable changes or amendments thereof, notice of which shall have been furnished to Tenant. Any violation of the Apartment Rules and Regulations shall constitute a default of the lease. NOTICE AND RENTS: All notices and demands authorized or required to be given by the Landlord hereunder may be served upon Tenant in person or by regular mail and addressed to Tenant at the leased premises. All notices required to be given hereunder to the Landlord, and all rent payments shall be given or sent to Landlord at the business office for the leased premises and shall not be effective until received. RIGHT OF LANDLORD UPON DEFAULT BY TENANT: Time is of the essence in Tenant s
performance Here under. Upon failure to pay any installment of rent or any part thereof when due, or if Tenant shall violate any other term, condition or covenant of this Lease, or if Tenant shall fail promptly to take possession of or shall abandon the premises, Landlord shall have the right without notice or demand (which Tenant specifically waives) to reenter and repossess the premises, to remove all persons there from and to remove and/or sell Tenant s property there from, and in such event this lease and all rights of the Tenant shall terminate, at the option of the Landlord; without prejudice, to the right of Landlord to recover from Tenant and without such action being deemed a surrender of this Lease or a termination of Tenant s liability to pay balance of the rent due to the end of the lease term In fact, Landlord may elect to accelerate all sums which are to become due and payable under the remaining term by the Tenant. Tenant hereby waives notice of any failure or default and any demand by Landlord for possession of the premises. In the event Landlord repossesses the premises, Landlord shall not be required to accept any tenant for the premises offered by the Tenant and may reject any tenant for any reason. The failure on the part of Landlord to reenter or repossess the premises, or to exercise any of its rights hereunder upon default, shall not constitute a waiver of Landlord s right to enforce any term, condition or covenant of this Lease. Tenant hereby gives and grants to Landlord a security interest in all of Tenant s personal property now or hereafter located on the premises and in the proceeds thereof, (the Collateral ) to secure the payment of rent, other liabilities of Tenant s and the performance of Tenant s other obligations under this Lease. Tenant also hereby gives and grants to Landlord a security interest in all of Tenant s intangibles, semi-intangibles, goods and all other personal property owned by Tenant (even though not located on the premises), including, but not limited to, all vehicles, furnishings, equipment, accessions, accounts, deposit accounts, instruments, documents, investment properties, money, general intangibles, chattel papers, and proceeds there from to secure the payment of rent, other liabilities of Tenant s and the performance of Tenant s other obligations under this Lease (the additional Collateral ). Tenant grants Landlord the right to file a financing statement on behalf of Tenant. Upon Tenant s default, Landlord shall have all the remedies of a secured party available under Indiana Law. These remedies include, without limitation, the right to take possession of the Collateral and additional Collateral and for that purpose Landlord may enter upon the premises and remove the Collateral and additional Collateral and Tenant shall hold Landlord harmless from any liability sustained thereby, except through wanton or willful misbehavior. Landlord shall give Tenant at least ten (10) days prior written notice at Tenant s last known address of the time and place of any public sale thereof or of the time at which any private sale or any other intended disposition thereof is to be made. Tenant shall be liable for the reasonable expenses of taking, holding, sorting, advertising, preparing for sale, and selling the Collateral and the additional Collateral. Also in order to secure Tenant s obligations, Tenant also assigns to Landlord all monies due or becoming due to Tenant, including wages and other compensation, so that upon Tenant s default Landlord may demand on behalf of Tenant that such monies be paid directly to Landlord. PETS: Pets are not permitted without prior written consent from Landlord. Tenant must execute Pet Agreement Form at Landlord s business office before permitting entry of pets into leased premises. An additional monthly charge applies for each pet. HOLDOVER CLAUSE: If Tenant maintains possession of the premises for any period after the termination of this lease ( Holdover Period ), Tenant shall pay to Landlord a lease payment for the Holdover Period based on the amount of the then going market rent for a similar premise. Market rent shall be made known to Tenant in writing as soon as possible. Such holdover shall constitute a month to month extension of this Lease. Tenant must notify Landlord in writing thirty (30) days in advance of his/her intended move out date. Tenant agrees to forfeit Security Deposit in full should a thirty (30) days written notice not be provided to Landlord. JOINT AND SEVERAL LIABILITY: Each person signing this lease as Tenant shall be Jointly and Severally liable to the Landlord for all obligations and any breach of the terms of this Lease. Each Tenant
who signs this Lease may be held individually responsible for the entire amount due under this Lease, for any breach of the terms of this lease, and for the acts and failures to act, of other Tenants signing this lease. The provisions of this Lease shall apply to, bind and ensure to the benefit of Landlord and Tenant, and their respective successors, legal representative and assigns. This Lease cannot be changed or terminated orally. If any provision of this Lease is rendered invalid or unenforceable, the remaining provisions shall remain in full force and effect. Landlord has made no representations or promises, except as contained herein, or in some further writing signed by Landlord. BED BUGS: Since tenant has already inspected the premises for bedbugs and other pest and have found the lease premises to be free and clear of bedbugs and other pests, tenant accepts responsibility in the event any bedbugs or other pests discovered in the leased premises. In fact, the tenant agrees to be responsible for the cost of treating bedbugs and other pests in the leased premised until the problem is completely eradicated. Tenant agrees to take all steps necessary to prevent the spread of bedbugs or other pests to other areas in the complex. Failure of the tenant to comply with these provisions will constitute a default under this lease. Tenant shall notify the landlord immediately following the discovery of any bedbugs or pests in the leased premises. I/WE HEREBY ACKNOWLEDGE THAT I/WE HAVE READ. UNDERSTAND, AND AGREE TO AND WILL COMPLY WITH ALL TERMS AND CONDITIONS OF THIS AGREEMENT. I AM NOT RELYING UPON AND EXPLANATION PROVIDED TO ME BY LANDLORD. I HAVE INDEPENDENTLY DETERMINED WHAT EACH PART S OBLIGATIONS AND RIGHTS ARE FROM READING THIS REAL ESTATE LEASE. AUTHORIZED OCCUPANTS: The person(s) named below are authorized occupants of premises on this Lease. Tenant understands it is a violation of the provisions of this Lease to permit any person(s) other than those listed below to occupy leased premises except as noted in OCCUPANCY clause. SPECIAL PROVISIONS: IN WITNESS WHEREOF: Landlord and Tenant(s) for themselves, their successors, executors, heirs, administrators and assigns have executed this agreement this day of, 20. TENANT: Signature Printed Name TENANT: Signature Printed Name PREMIER PROPERTY MANAGEMENT REPRESENTATIVE: BY:
Signature Printed Name