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RESIDENTIAL LEASE
This Agreement, made this _____ day of _________________, 200__, is between Lester Goldstein, Landlord, and _______________________________________________________________________________________ Tenant(s). Landlord agrees to rent to Tenant(s) the premises known as ___________________________________________________ in the city of Philadelphia, PA ______ consisting of ________________________________________________________ upon the following terms and conditions:
(a) Length of lease: _____ months: from 9:00 A.M. ______________ 200__ thru 3:00 P.M. ______________200__
(b) Monthly rent shall be $____________ + pet charges ______ + AC rental ______ + storage _________
+ (other) ________________________________ @_________ Total monthly rent: ____________
1st Mo. $_____________ (if less than full month) Total rent for entire length of lease $____________
Monthly rent shall be paid in advance on the first of each month. Timely payments may be made by deposit of check into rental mailbox. Back of check should be marked "for deposit only" in the endorsement area. Late payments must be paid in person at our office or sent by certified mail.
A 5% rent surcharge shall be imposed if full rent is not received by 5 PM of the 4th day of the month (minimum $20.00) A rent surcharge equal to 0.15% per day will also be imposed beginning on the 11th day of the month (minimum $15.00). Any unpaid balance existing after 30 days will accrue interest @ 1.5% per month (minimum $20.00). In some circumstances, Landlord may, if provided notice in advance of the due date, elect to grant a partial or complete waiver of the surcharge. If a waiver is granted tenant will be given an authorization code which must be referred to when payment is made. A 7% service charge will be added for any check not honored by your bank (minimum $27.00) and future rents may be required to be paid by certified check or money order.
(c) at least sixty days written notice by either party is required to end this lease at its ending date. If lease is not ended by either party it automatically and continually renews for two month periods and a minimum of sixty days written notice is required to end any such renewal.
(d) Premises shall be used only as a private residence and not for public or commercial purposes.
(e) Largest number of occupants under this lease _____ . If more than one, then each Tenant accepts full responsibility for the timely performance of all obligations of their co-tenants and understands that the co-tenants shall be treated, for purposes of rent payments, notifications, deposits, fees etc., as though a single individual.
(f) Operating costs to be paid for by Tenant:
hot water ___ cooking gas ___ heat ___ electricity ___ other (specify) ___________________________________________
(g) Attachments: Terms & Conditions (P. 2,3,4,5), Lead Warning, Trash Disposal, Move-out Costs, Request for Services form, and Inspection report form. NOTE: It is Tenant's responsibility to complete and return the Inspection Report form within 5 days after moving in. Failure to complete and turn in this report constitutes a waiver by Tenant of all claims to any preexisting damage/condition.
(h) Deposits: Deposits will be held at __________________ Bank.
Required: Security: $___________ Last month's rent: $___________
Received: Security: $___________ Last month's rent: $___________
lease modificationS:
I/We have received, read and understood this lease and each of the attachments listed in section 'g' above.
This lease represents the FINAL and COMPLETE agreement between lessor and tenant. MODIFICATIONS BECOME VALID ONLY WHEN REDUCED TO WRITING AND SIGNED AND DATED BY ALL PARTIES TO THE LEASE.
SIGNATURES:
Tenant _______________________________________ ____/____/____
Tenant _______________________________________ ____/____/____
Tenant _______________________________________ ____/____/____
Landlord ______________________________________ ____/____/____
P. 2-5
Tenant understands and agrees that Tenant and all persons on the premises as a result of Tenant’s actions or consent shall comply with and be bound by the following terms and conditions:
1. Safety: Comply with governmental building and housing codes as they apply to Tenants. Refrain from using or storing any hazardous or combustible materials on the premises. Check smoke detector periodically and replace battery promptly when test button fails to set off alarm or smoke detector beeps or chirps intermittently. Promptly notify Landlord of any problem involving fire safety equipment or other safety related concerns.
2. Unlawful and Unsafe Activity: Tenant will not engage in or permit other persons related to or affiliated in any way with Tenant, to engage in any unlawful or harmful activity in or around the premises and its surroundings. A violation of this provision may subject Tenant to additional fees and/or termination of the lease and immediate eviction.
3. Rents: Pay rents in full as follows:
a) As a single payment (one check), or
b) Multiple checks placed in a single envelope on which is written the total amount enclosed and the amount of each check in the envelope. The envelope must be signed by one or more of the tenants. Payments in a manner or in an amount other than that described above must be made in person by appointment. Acceptance of a partial payment shall not cause forfeit of Landlord's right to collect the balance due, despite any endorsement, stipulation or other statement on the check or documents accompanying the payment.
4. Smoking: Tenant and all persons associated with Tenant shall refrain from smoking in any area of the premises including the yards and walkways belonging exclusively to the building. Tenant further understands and agrees that monthly rent will increase by $100.00, retroactive to the beginning of the lease (up to 3 months) for violation of this clause!!
5. Additional Rent: Any additional sums or charges due from Tenant, whether for damages caused or for breach or violation of the lease, shall be due and payable as additional rent. Such sums become due and are to be paid with Tenant’s next monthly rental payment occurring after written notification to the Tenant delineating the amount and reason for the additional rents.
6. Employment Information: Tenant understands and agrees to provide notice of change of employment as an ongoing duty pursuant to this lease. Notice shall be provided to Landlord in writing within 20 days of any change of employment and shall include an update of employment information. Failure to timely provide such information shall constitute a violation of this lease agreement.
7. Noise: Do nothing to disturb or destroy the peace and quiet of their neighbors. Tenant further agrees to cooperate with other Tenants and with Landlord to promptly resolve in a reasonable manner any noise problems that may arise. Tenant further agrees to cover with carpet + padding or rugs with rubber or foam backing (or also with padding) all walkways and approximately three-fourths (3/4) of floor area of each room, except kitchen and bathroom, if tenant or tenants in neighboring apartment(s) complains of noise.
8. Trash and Garbage: Keep the leased premises and common areas clean and dispose of all trash, garbage and other waste in a manner consistent with the Philadelphia Municipal Code and as described in the “Trash Attachment” to this lease. Fees for violation of this provision are $50.00 for first violation and $100.00 for each additional violation!
9. Recycling: Follow the recycling guidelines provided in the “Trash Attachment” to this lease.
10. Bicycles: Park or store bicycles, strollers, or other wheeled vehicles only in areas specifically designated by Landlord. Clearly mark each such vehicle with tenant identification.
11. Repairs: Promptly notify Landlord of any necessary repairs and take all reasonable actions to abate damages.
12. Store personal goods in basement only with the prior written consent of the Landlord and then only in clearly identified boxes or as individually labeled articles. No stuffed furniture, mattresses or flammable materials may be stored. Tenant further understands and accepts that Landlord shall not be held responsible for any loss of and/or damage to Tenant's stored property.
13. Laundry Equipment: No dyeing of clothes is permitted. Rubber backed rugs and large bed comforters or blankets may suffer scorching in standard dryers and it is advised that such items be cleaned professionally. Never “stuff” a dryer as this will lead to scorching and is a fire risk. No laundry equipment may be installed in an apartment without Landlord’s prior written permission.
14. Changes to the property: Refrain from making any alteration, addition, improvement or repair to the premises without the prior written permission of the Landlord. Any such alteration, addition or improvement shall, at the Landlord's option, become the property of the Landlord upon termination of the lease.
15. Pets: Landlord's prior written permission is required for pets to be on premises. Tenant accepts that written approval is required for each and every pet. This privilege is not automatically granted and may be denied at landlord's discretion. In general:
a) Indoor pets are permitted in every apartment provided a written Pet Addendum form has been completed by Tenant and accepted by Landlord. Some types of indoor pets, for example, cats and large birds, require payment of a monthly pet fee;
b) Outdoor pets, such as dogs, are permitted only in certain apartments and require payment of a monthly fee which is based on weight of the pet (or probable adult weight if dog is not yet full grown). Note: Only pets whose adult body weight is (or is likely to be) less than 35 pounds are permitted;
c) The number of dogs and large (or very vocal birds) may be restricted to one per building in order to avoid chronic dominance encounters and territorial vocalizations. A two week trial exception may be granted for evaluation purposes. If a problem is evident or if a problem subsequently arises that cannot be controlled as spelled out in the Pet Agreement, then the last pet to take up residence has to be removed regardless of which pet is actually initiating or "causing" the problem.
d) Pets belonging to visitors are not permitted on the premises. Under some circumstances, an exception may be made. Please feel free to request consideration for a "visiting" pet.
16. Air Conditioners: Window Air Conditioners must be installed so that they are tilted down slightly towards the outside of the building so that condensate drains away from the structure. Air conditioner must be supported securely and in such a way that it does not rest on a storm window frame.
17. Cable TV: If additional cable wiring is required, tenant will either coordinate cable installation with our office or accept responsibility for all costs associated with restoring premises to original condition. Proof of our agreement to and acceptance of the installation shall be a signature of LeGo representative on cable TV work order or invoice.
18. Locks: any additional locks placed on doors or windows MUST be installed by Landlord. In an emergency, after notifying management, access and lock installation by a licensed locksmith may be made at tenant’s expense. Tenant shall promptly (within 24 hours) provide originals of all new keys to Landlord and a copy of the locksmith’s bill. Tenant shall also be responsible for costs, if any, necessary to restore door and frame to prior condition.
19. Keys: Promptly provide Landlord with written notice of the name, home address and home phone number of any person not identified on the lease who has been given key(s) to the premises for a period that exceeds four days or who will be present in the apartment in the absence of the Tenant for a period exceeding four days.
20. Access to Apartment: Give access to the leased premises, at reasonable hours, to Landlord and/or those individuals authorized by the Landlord.
21. Toilet tank: Refrain from placing any additive, cleaner or chemical in a toilet tank. Any standard cleaning product may be used in toilet bowl.
22. Cleaning products: Refrain from using Murphy soap or any other oil-containing product on any wood floor in the apartment. Wood floors may be cleaned with liquid cleaners (such as Fantastic, Spic & Span, Formula 409) after diluting cleaning agent in water as per directions.
23. Wall Hangings: Hang picture, mirrors etc. with hooks or nails but not with double-sided tape, glue, or adhesive.
24. Waterbed: Obtain written permission from Landlord prior to installing a waterbed. (proof of Renter’s insurance will be required).
25. Heating Thermostat: When absent from the premises, thermostat will be set not lower than 45 degrees F. in order to prevent freeze damage to pipes and fixtures. (This clause applicable only to units in which heat is controlled by tenant).
26. Storm windows: Close storm windows when temperature outside goes below 40 degrees F. Also, leave storm windows and prime windows open not more than 4” (four inches) during heavy rains or when away from the apartment.
27. Vacating apartment: Arrange with Landlord, not less than 4 days in advance of vacating the apartment, for a mutually convenient time for return of all keys and final inspection. Leave apartment in clean condition.
Landlord agrees to comply with the following terms and conditions:
Maintenance: Maintain in proper working order and safe condition all structural and mechanical components of the premises and all other facilities, appliances and services supplied or required to be supplied by the Landlord. Landlord's duty shall not include making those repairs necessitated by the unreasonable or negligent conduct of the Tenant and/or any person on the premises with Tenant's consent.
Notice: Give Tenant notice not later than 8:00 P.M. of the day before of intention to seek access to the apartment whenever such notice is possible. When access has been made without such prior notice, Landlord shall leave a written notice for the Tenant stating that entry has occurred, who entered, at what time and for what purpose. Tenant must have provided Landlord with a working telephone number connected to a working answering machine for this provision to be applicable. Tenant may request that notifications be made by e-mail by sending management an
e-mail message to that effect.
SECURITY DEPOSIT: Within 30 days of lease termination (not from date keys are surrendered), Landlord shall mail to the forwarding address provided by the Tenant on the Key Return form a letter showing all credits due tenant as well as a listing of any deductions. A check for sums due Tenant will accompany this letter.
Landlord and Tenant both agree to accept and be bound by the following:
DELAY IN DELIVERING POSSESSION: If the Landlord, for any reason, cannot deliver possession of the leased property to the Tenant at the commencement of the lease term, this lease shall not be void or voidable, nor shall the Landlord be liable to the Tenant for any loss or damage resulting therefrom, but there shall be an abatement of rent for the period between the commencement of the lease term and the time when the Landlord does deliver actual possession. If Landlord is unable to deliver possession after five days from the beginning date of lease, Tenant shall have the option of voiding the lease with full refund of any advance rent and deposit payments made to Landlord.
INSPECTION: Inspection(s) of the premises may be made by Landlord or his representative. Tenant shall be given at least 5 (five) days advance notice of such an inspection.
EARLY TERMINATION: At Landlord's sole discretion, a Tenant may, under certain terms and conditions, be relieved of responsibility for the leased premises. The Terms and Conditions are specified in "Application for Early Lease Termination" available by request.
SUBLET: No sublet or assignment of lease is permitted without the prior written permission of the Landlord. Details of the costs, terms and conditions for sublet are specified in "Application for Permission to Sublet" and “Sublet Agreement” forms which are available by request.
Additional Rent: If Tenant fails to comply with any of the provisions in this lease, landlord may do so on behalf of the tenant and charge the cost for such compliance to the tenant’s account as “additional rent”. Following written notice to the tenant, such additional rent shall be due and payable with the next monthly rent. Nonpayment of additional rent shall be treated as and provide the same rights to landlord as nonpayment of rent.
NOTICES: All notices given under this lease must be in writing. Except where otherwise specified by law, notice may be given either by certified mail or by personal delivery to the other party - to the landlord at the address shown on this lease and to the tenant at the leased premises.
LEGAL ACTION: Landlord may file a complaint to evict a tenant in accordance with applicable law if the tenant has failed to pay full rent or any other charges provided for in the lease in a timely manner or if tenant breaches or fails to fulfill any of the terms or conditions of this lease. Landlord shall provide tenant with five (5) days written notice informing tenant of landlord’s intent to terminate the lease by eviction. For certain breaches, landlord may allow tenant five (5) days in which to fully rectify the problem. The termination of this lease or taking or recovering possession shall not deprive landlord of any remedies or actions for rent or other charges due at the time or which shall otherwise become due in the future.
LITIGATION EXPENSES : (A) In the event there is a judgment or mediator’s decision awarding possession and/or monetary compensation to the Landlord, Tenant shall pay the Landlord the additional sum of $350.00 which shall be considered liquidated damages. conversely, if judgment or mediator’s decision is entered in favor of the Tenant, Landlord shall reimburse Tenant for reasonable and confirmed out of pocket expenses in a sum not to exceed $350.00. (B) If Landlord is attached as a Party to litigation resulting from the conduct of a Tenant and/or Tenant's guests, and judgment is not entered exclusively against the Landlord, then Tenant shall be liable for Landlord’s attorney's fees and all other costs reasonably incurred by the Landlord without the aforesaid $350.00 limit.
FIRE OR CASUALTY DAMAGE: If the building is damaged by fire or casualty to an extent that use of the leased premises is substantially impaired, the tenant may, with Landlord’s consent, continue to occupy that part of the leased premises which is still usable. In such case the tenant's liability for rent shall be reduced proportionately until such time as the damages are repaired. If continued occupancy is not permitted, this lease shall terminate forthwith and landlord shall return all prepaid rent plus the security deposit balances as set forth in this lease. The amount of prepaid rent to be returned shall be calculated as of the day preceding the date of the fire or casualty.
CONDEMNATION: If any part or the whole of the leased premises is taken by any authority having the legal power of condemnation, this lease shall, as to the part so taken, automatically terminate. As of the date the building is taken, rent shall abate proportionately or shall cease altogether if the entire leased premises is taken. No part of any condemnation award shall belong to the Tenant. The foregoing provisions shall also apply if a sale or other transfer of said premises or part thereof is made in lieu of, or to avoid condemnation proceedings. Upon any such taking, sale or other transfer, the Tenant shall peaceably surrender possession of said premises or part thereof. if the Tenant does not so surrender the Landlord shall have all the remedies set forth above.
SALE OF PREMISES: If Landlord sells or transfers the premises (except as stated in “condemnation” clause), landlord shall require that any purchaser or transferee agree in writing to assume all the obligations of the Landlord under the current lease. landlord shall notify Tenant in writing of the name, address and telephone number of the new Landlord and the location at which future rents are to be paid. Landlord shall also notify tenant when security deposit has been assigned and transferred to the new Landlord. Having complied with the notification requirement, Landlord is relieved of liability under this lease as to events occurring after sale of the property.
SUBORDINATION: This lease is subject and subordinate to the lien of any mortgage(s) presently existing or hereafter placed upon the leased premises, or on the property of which the leased premises are a part. If this is a Sublease, it is also subject and subordinate to the terms of any prior lease which covers the leased premises or the property of which the leased premises are a part. If any legal documents are necessary to make the subordination effective, the tenant agrees to execute and acknowledge such documents or accepts that Landlord may sign such documents on behalf of the Tenant.
WAIVER: No waiver shall be deemed to have been offered unless and until such waiver has been made in writing and signed by us. Further, a waiver granted on any one (or more) occasions shall not be construed as a bar or waiver of any rights or remedies on future occasions. Finally, no delay or omission on the part of LeGo Management in exercising any of its rights or remedies shall constitute a waiver of such rights or remedies.
LEGALLY BINDING: This lease binds the landlord and the tenant and their heirs, personal representatives, successors and lawful assigns.
LANDLORD’S RULES AND REGULATIONS: It is understood and agreed that landlord may rescind any rules and/or make such other rules and regulations as, in landlord’s judgment, may be necessary for the safety of the tenant(s) and/or the maintenance, operation, and cleanliness of the premises and its grounds and for the preservation of good order therein. When notice has been given to the tenant(s), such change(s) shall have the same force and effect as if originally made a part of this lease. However, such changes shall not be inconsistent with the tenant’s proper and rightful enjoyment of the leased premises.
INVALIDATION: In the event that any Terms and/or Conditions in this Lease Agreement are found to be invalid, unenforceable or illegal, all remaining Terms and Conditions of this Lease Agreement shall remain in full force and effect.
Headings: Paragraph headings are added for convenience only and are not part of the legal terms of the lease.
the terms and conditions of this lease may be waived or modified only by agreement of all parties and any such modification shall become effective only if reduced to writing and signed and dated by all parties to the lease.