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KLEINPENNY RENTALS LEASE
JUNE 2008-2009
12 N. Congress St. Apt #1
This Lease, made and executed on the ____ day of Sept., 2007 by
Michael
Kleinman, hereinafter referred to as "Owner", and the
following named
individual(s), hereinafter collectively referred to as "TENANT"
(whether one or more than
one). EACH PERSON WHO IS PARTY TO THIS LEASE IS SINGULARLY AND SEVERALLY
LIABLE FOR THE FULL AMOUNT.
1. LEASED PREMISES: Tenant agrees to Lease from Owner the said premises
known as 12 N. Congress St. Apt #1 Athens, Ohio 45701
.
2. TERM: The term of the Lease shall be for 12 months, estimated
to
commence on the 20 th day of June 2007, and end at midnight on Sunday,
the
14th day of June, 2008 .These dates are tentative based on the Ohio
University academic calender available to us at this time. Regardless
of the
estimated dates stated above the first day of this lease starts
Sat. one
week after undergraduate commencement 2008, and ends Sun. at midnight
one
day after undergraduate commencement 2009.
3. RENT:(Amounts listed here are the total amounts due and have
not been
divided up per tenant. A per tenant amount is in the payment schedule.)
Tenant agrees to pay Owner as rent for the premises during the term
of the
Lease the sum of $18,600.00 in 4 installments, $6975 due June 1st,
$4650
due Sept 1st., $4650 due December 1st, and $2325 due March 1st.
In addition
to the 1st quarters rent due on June 14th half of the last quarters
rent is
also due at this time (this is comparable to first and last months
rent
which is standard in a monthly payment lease) . If tenant signs
a lease for
an additional year then they must pay a full quarters rent on March
1st and
half a quarters rent the following year on March 1st which is now
their last
quarter. Please write 312 N. Congress Apt. #13 on the memo line
of your
check.
4. SECURITY DEPOSIT: (Amount listed is total amount due and not
divided per
person) If this deposit is not paid in full after 21 days of the
signing of
this lease Landlord may at will terminate this lease, although Tenant
is
still bound to this lease if Landlord does not choose to terminate.Tenant
agrees to pay at the signing of this agreement a security damage
deposit of
$1550.00. Tenant understands and agrees that the security deposit
will be
applied to any damages caused to leased premises, or any part of
Owner's
property caused by Tenant, Tenant1s family, and/or guests, above
and beyond
normal wear and tear. Disfigurement of any kind including burn marks,
stains, gouges, cracks, or breakage is not considered normal wear
and tear,
thus Tenant is severally liable for labor and material costs required
to
repair or replace any damaged property. A cleaning fee will be deducted
if
the premises are not left in the same condition as when they were
initially
occupied. This includes: floor surfaces, walls, cabinets wiped out,
tubs &
sinks perfectly clean, and refrigerators cleaned spotless inside
& out!
Tenant is responsible for filling out a check list (available from
Owner) of
damages & condition upon initial occupancy. If Tenant fails
to do so, Owner
will assume premises are in perfect repair and will hold tenant
liable. If
premises are not perfectly clean upon initial occupancy Tenant must
inform
Owner, in which case Owner will take the necessary measures to correct
the
situation. If Tenant fails to do so and cleans the apt. themselves,
Owner
will not reimburse them and they are still responsible for turning
over the
apt in perfect condition upon moving out. A hauling fee will be
deducted
for any items left on premises including furniture, etc. Owner shall
not
pay interest on deposit, but agrees to return deposit within 30
days of the
conclusion of the term of this Lease. Tenant may not designate security
deposit as part of any rent payment. Using your security deposit
as rent is
not acceptable and late fees will be charged. PLEASE DO NOT CALL
ASKING
ABOUT YOUR SECURITY DEPOSIT RETURN BEFORE 30 DAYS AFTER THE CONCLUSION
OF
THIS LEASE!
5. OCCUPANCY: Tenant must have total security deposit, first quarters
rent
and half of last quarters rent paid in full before they will be
allowed to
occupy premises. Tenant agrees that it is imperative to remove themselves
and all their belongings from the premises by midnight of the last
day of
this lease so that future Tenants may move in on time. Failure to
do so
will result in a forfeit of security deposit. If Tenant is remaining
on the
premises due to subletting from new Tenants, then their deposit
will not be
returned until 30 days after their belongings have been removed.
Obviously,
it is unreasonable to ask an existing Tenant whose lease has expired
but is
subletting from the new Tenant to move all their belongings out
of the
premises for a 24 hour period and back in so that we have a day
for
cleaning. In lieu of this, we require that the premises be vacated
for a 24
hour period after subletter moves out to facilitate cleaning. Absolutely
no
item may be left on premises after the conclusion of this lease.
This is to
facilitate cleaning and repair of premises. If any belongings are
to be
transferred to next Tenant, arrangements must be made to store them
in an
alternate location so that premises are vacant during the time between
the
conclusion of one lease and the start of the next. The maximum number
of
people allowed to occupy this apartment is three according to Athens
Code
Enforcement. If you have more than three people occupying the premises
Code
has the right to force the additional people to leave
.6. WALLS: Absolutely nothing is
to be put on any wall surface unless it is
mounted with picture hangers or poster mounts that you obtain from
us free
of cost! We allow the small holes made by our picture hangers nails
(one
per picture, several for tapestries). We do not allow other nail
holes and
we charge for damages. We charge for any damage to walls left from
any
poster mounts or tape etc., regardless of which types were used,
ours
included.
7. CARPET CLEANING: Tenant will occupy premises with clean carpet
and in
turn will be charged $25 per room to clean the carpet after they
have
vacated the premises. This charge will be deducted from the security
deposit
at the termination of the lease. Tenant is advised not to clean
the carpet
themselves because they will be charged to clean it again by landlord
if it
is not sufficiently clean. Carpet will be replaced at Tenants1 expense
if
there are any cigarette burns, wax spills, permanent stains or damage
of any
kind.
8. UTILITIES: Tenant agrees to pay Gas, Electric, Phone, and Cable.
Owner
agrees to pay for Water, Sewage, and Garbage. We suggest you schedule
utilities to be turned on three weeks prior to move-in date. Tenant
must
maintain heat at a minimum of 55 degrees so that pipes do not freeze
and agrees to
pay for any damages resulting from not doing so.
9. SUBLEASING: Tenant may sublet apartment. Owner shall have the
right to
hold Tenant responsible for any and all damages caused by sublessee.
10. USE: Tenant agrees to use the leased premises only as a personal
residence. Tenant agrees not to have water beds, pool tables, loud
parties,
or conduct any activity that would disturb other Tenants. Tenant
and Guests
will not keep, maintain, or harbor any dogs, cats or other pets
in and about
the house. if any pets are seen or found on the premises, the Tenant
will
be notified in writing to vacate. No rent or deposits will be refunded.
Due to the high risk of fire, and permanent damage to carpet from
dripping
wax, there is to be no candle burning on the premises. Animal urine
or hair,
and/or wax on the carpet will result in replacement of the carpet
and Lessee
will be charged! A high number of fires in student housing across
the
country have been due to faulty extension cords and overloaded receptacles.
For this reason it is against Athens City Code to use an extension
cord or
any device that increases the number of outlets on a receptacle
that does
not have a built in surge protector. It is agreed that any regular
extension cords or outlet extending devices will be confiscated
by landlord.
No furniture other than that type specifically designed for outdoor
use is
to be used on a porch or outside the premises. Use of any other
furniture
must be approved by Owner.
11. INSPECTIONS and SHOWING Owner reserves the right to inspect
the said
premises and to show the premises to prospective Tenants or buyers.
Owner
will give Tenant advance notice of such inspections or showings.
12. OWNER LIABILITY: Tenant agrees that Owner shall not be responsible
for
property damage or personal injury occurring in the apartment or
elsewhere
on Owner's property, regardless of cause. Owners insurance does
not cover
Tenants property damage and it is the Tenants responsibility to
purchase
renters insurance if they want their belongings to be insured. If
premises
ever become uninhabitable for any reason including fire,flood etc.
owner
will reimburse Tenant pro rated rent until such time as the repairs
have
been made and Tenant occupies dwelling again. It is not owners obligation
to
provide alternate lodging or any other costs that Tenant incurs
due to the
situation. No adjustments in rent will be made for any down time.
This
includes all appliances,water heaters,plumbing,heating & cooling
etc. If a
refrigerator breaks, Owner will fix it in as timely manner as possible
but
is not responsible for spoiled food. Tenant agrees that Owners obligation
to
repair is limited timewise to the scheduling capacity of his service
technician and in most cases same day or next day service is anticipated,
but if this is not possible, ie. Refrigerator breaks on Sat., Owner's
service contractor is booked till Tues. Refrigerator will not be
looked at
till Tues. If parts have to be ordered Refrigerator will not be
fixed till
parts arrive & Owner is not liable for downtime or food loss.
13. MAINTENANCE & REPAIR: Any maintenance or repairs required
will be
handled in as timely a manner as possible. Owner is limited to availability
of service men and parts. No adjustments in rent will be made for
any down
time. This includes all appliances, water heaters, plumbing, heating
&
cooling etc. It is Tenants responsibility to report any damage or
repairs
needed within 12 hours of discovering . Tenants shall not repair
or have
repairs done without consent of Owner. Owner is not liable to pay
for
repairs done without his consent.
14. EVICTION PROCEEDINGS: Tenant agrees to pay all court costs and
the
Owner1s attorney fees in any eviction proceedings.
15. KEY RETURN: Upon termination of this Lease, keys assigned to
Tenant
shall be left in the apartment on kitchen counter. Keys lost during
term of
Lease or not returned at end of Lease will result in a charge to
Tenant of
$15.00 per key or occurrence.
16. LOCK OUTS: In the event that you lock yourself out of your dwelling
during business hours (Monday - Friday, 9 - 5) contact the office
and we
will assist you. If it is after business hours we will assist you
at our
convenience - we will make a reasonable effort - but if you lose
your key in
a bar at 4 A.M. do not expect us to be there till morning. We suggest
that
you make a copy and give it to a friend or neighbor.
17. LATE CHARGE: The parties acknowledge that performance of Owner's
financial obligations requires timely payment of rentals by the
Tenant and
that each day of delay increases Owner's cost of doing business.
Such costs
are difficult to precisely measure, but the parties agree that Ten
Dollars
($10.00) per day is a reasonable approximation of Owner's loss.
No rent may
be withheld for any reasons, including repairs. Rent must be held
in escrow
until repairs are completed or late fees still apply. Tenant, therefore,
agrees to pay Owner Ten Dollars ($10.00) per day for each day that
the
payment remains unpaid after the due date.Tenant must have owners
permission
in writing to pay rent late for any reason and not incur a late
fee, ie.
Ohio University overage checks. There will be no billing sent out
by Owner,
Tenant is responsible to pay rent on time according to the due dates
specified in this lease. We suggest that you mail your payment enough
time
in advance so that it arrives on time.
18. PARKING: We have a limited amount of parking spots. If a space
is
available the cost is $225.00 for a three quarter Lease or $300.00
for a
four quarter Lease on a first-come first-serve basis. If a space
is
available you must secure it with a $75 deposit and pay the $150
balance by
the first day of this lease. There will be a 7 day grace period
and then
you will lose your deposit and the space will be rented to someone
else. To
avoid the potential of losing your deposit and space you may pay
the full
amount instead of just the $75 deposit. If you do not secure a parking
spot
at the time of signing this lease, the chances are very slim that
one will
be available. If you park in any other spot you will be towed at
your own
expense. If anyone is parked in your spot you may tow them. We do
not
provide snow removal because it is not possible to plow a lot with
cars in
it. You must secure a parking spot each year with a deposit, your
spot does
not renew without a new deposit.
19. CHECK-IN: Tenants must schedule a specific time to check in,
starting
on the first day of this lease or any day thereafter. Please make
an
appointment several weeks in advance of the starting date of this
lease. At
this time, a Representative of Kleinpenny Rentals and Tenant will
walk
through the apartment and sign a check list itemizing its condition.
Please do not move anything into the apartment until the checklist
is
completed. There will be only one check-in at which time whoever
is present
will be representing everyone on the lease as to the condition of
the
premises. Also at this time all keys will be issued and it is the
responsibility of whoever is present to distribute these keys to
all other
Tenants.
20. HARDWOOD FLOORS: Tenant is responsible to leave hardwood floors
in
good condition. Stains and gauges from furniture are not considered
normal
wear and tear. Stiletto heals on shoes will damage hardwood floors
and
Tenant is responsible for this damage even if it is caused by Tenants
guests. Tenant will be charged to refinish or replace the floor
it it is
damaged. If a section needs to be refinished the entire floor must
be done
to retain uniformity. We suggest that you use felt pads under furniture
legs to protect the floor.
21. PAINTING: Tenant is not permitted to paint any part of the premises
and
will incur the cost to professionally repaint to owners standards
if they
do. There is no requirement that the premises be painted between
tenants.
Owner uses Sherwin Williams Duration Home washable paint and does
not
paint the walls unless he determines that washing the walls is not
effective.
22. SMOKE ALARMS: Landlord will provide Tenant with working smoke
alarms to
meet Athens City Code requirements upon initial occupancy. After
this point
it is agreed that the Tenant is responsible to keep working smoke
alarms
installed on the premises. If Landlord inspects premises and finds
a smoke
alarm missing Tenant will be charged to replace it and will not
be
reimbursed if Tenant produces the alarm at a later time.
23. LEASING FOR MULTIPLE YEARS: If any person party to this lease
has had
continual occupancy prior to this lease (has lived there the year
before and
has never moved their belongings out) than the following applies:
We
consider this a renewal of the original lease (although the rent
may
increase) and no cleaning will be done . Any new party to this lease
accepts
responsibility for the condition of the Apt. when the original tenant
moved
in and is responsible to return the premises to Owner in the condition
reflected in the initial check in list. There will be no additional
check in
list done for any new Tenant(s). New Tenant(s) need to negotiate
any damages
caused by original Tenant(s) with the original Tenant(s) because
they will
share responsibility with original Tenant(s) at time of lease termination.
The reasoning behind this is that Owner is not able to clean premises
unless
they are totally vacated, and is not able to accurately assess damages
caused by different individuals when premises are occupied for multiple
years. Tenants do have the option of having the original Tenant
move out and
damages will be assessed, and then a new check list will be done
upon new
occupancy.
24. RENEWING LEASE: The high demand for student housing in this
market
means that this property often rents a year or more in advance.
Before Sept.
1st we will give Tenant 24 hours to decide before we rent to another
party.
During the first two weeks of Ohio University classes in Sept. we
will show
the property but give current Tenant the opportunity to sign the
lease( no
decision time will be given at this point ,it must be immediate)
if another
party is interested. After the first two weeks of classes in Sept.
the
property is on a fist come first serve basis and it may be rented
without
Tenant being informed. Owner has the right to rent without giving
the
current Tenant an opportunity to renew if he so desires, but as
a general
courtesy will adhere to to terms outlined above.
25. QUIET ENJOYMENT: Owner agrees that if Tenant pays the rent and
adheres
to the terms of this Lease, Tenant will peaceably and quietly occupy
the
premises during the term thereof without any hinderance, ejection
or
molestation by the Owner or his representatives.
26. TERMINATION OF LEASE: Because most of the potential renters
have already
found housing after the third week in Sept. for the following school
year,
Landlord has lost the opportunity to rent his property after this
point. It
is agreed that because most properties in the student rental market
in
Athens, Ohio rent as much as one year in advance, once this lease
is signed
there is no termination possible.
__________________________ ________________
Owner Signature Date
TENANT 1:
________________________ Date_____________________________
Signature
________________________ Parents name____________________________
Printed Name
________________________ Parents Address_______________________________
Cell #
_________________________ _______________________________
E-Mail Address
SS#______________________ Parents Phone #_______________________TENANT
2:
________________________ Date_____________________________
Signature
________________________ Parents name____________________________
Printed Name
________________________ Parents Address_______________________________
Cell #
_________________________ _______________________________
E-Mail Address
SS#______________________ Parents Phone #_______________________TENANT
3:
________________________
Date_____________________________
Signature
________________________ Parents name____________________________
Printed Name
________________________ Parents Address_______________________________
Cell #
_________________________ _______________________________
E-Mail Address
SS#______________________ Parents Phone #_______________________SIGN
HERE if you are not interested in being presented with the option
of
renewing this lease for an additional year and we may start offering
it to
other parties immediately.
Name___________________________________________
Signature________________________________________
ALL PAYMENTS AND CORRESPONDENCE SHOULD BE SENT TO:
Kleinpenny Rentals 740/594-6900 - office
32 Fern Street 740/592-5979 - home
Athens, Ohio 45701 www.kleinpennyrentals.com
PAYMENT SCHEDULE:
This is on rent for 3 people. This is not part of the lease, just
information that we provide for your convenience to make things
easier for
you. Whoever is party to this lease is collectively responsible
to pay the
full quarterly payments due, if it is three people or one person.
How you
divide your payments is not our affair.
June 1, 2008 $4650.00 1st quarter rent
$2325.00 Half of last quarter rent
= $6975.00/3 = $2325.00 each
tenant
September 1, 2008 $4650.00 2nd quarter rent
$4650.00/3= $1550 each tenant
December 1, 2008 $4650.00 3rd quarter rent
$4650.00/3 = $1550 each tenant
*** (Don1t forget to send Dec 1st payment during break or you will
be
charged a $10 per day late fee!!!)
March 1, 2009 $2325.00 half of 4th quarter rent
$2325.00/3 = $775 each tenant
(half was initially
paid)
If you are renting for an additional year then you pay a full quarters
rent
at this time ($1550) each.
Utility Phone Numbers
Electricity
American Electric Power 1-800-277-2177
Gas - Columbia Gas 1-800-344-4077
Telephone - Verizon 1-800-483-4000
Water - City of Athens 740-592-3347
Cable - Time Warner 740-592-4831


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