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Varsity Rentals Sample Lease Agreement This agreement, made and entered into this _________ day of __________________, 20_________, at Akron, Ohio, between G. Mathew Westfall as owner or as agent for the owner, or his duly appointed authorized agents, Lessor, and the undersigned Person/Persons, hereinafter referred to as Lessee, withnesseth that: The Lessee hereby offers to lease from Lessor who, for and in consideration of the covenants and agreements hereinafter written, to be kept and performed by said Lessee, does hereby lease unto said Lessee, the premises situated in the City of Akron, County of Summit, State of Ohio, and described as _________________________________________________________________________. TERM: The parties hereto agree that the term of this lease shall commence on ___________________, 20______, and continue until 12:00 noon ___________________________, 20______________. RENT: The Lessee in consideration of the agreement does hereby covenant and agree to pay as a lease payment for the said premises, the sum of __________ for the term, payable in 12 installments, including a non-prorated final lease installment of ___________, due on the twenty-fifth day of each month during the term, for the ensuing month, in a single check to: G. Matthew Westfall, 522 Carrol St, Akron, Ohio, 44304, or at such other place as may be designated by Lessor upon written notice to Lessee. In the event that any lease installment is not paid within five days of the due date, the Lessee agrees to pay a 5% late charge for that monthly installment plus $5.00 for every additional day that it remains unpaid until received by Lessor. Lessee further agrees to pay a $25.00 charge for each dishonored bank check plus all applicable late fees which will apply until the check is honored by Lessor's bank, and further agrees to pay all installments by certified funds after a check has been dishonored. MULTIPLE OCCUPANCY: It is expressly understood that this agreement is between Lessor and all Lessees whom have signed this document jointly and severally, and each and every Lessee shall be fully liable for timely payment of all installments and for full performance of all other provisions of this agreement. UTILITIES: Lessor shall be responsible for the payment of all gas, payment of all electricity up to a maximum of ____________ in any month, and payment of water, sewer and trash up to a maximum of ____________ in any month, except for ____________________________________________________________, which will be paid by the Lessee. It is agreed between Lessor and Lessee that in the case of individual bedroom leases, the aforementioned maximum payments of electricity and/or water, sewer and trash shall apply to the entire house. Any excess utilities which are billed to Lessee by Lessor shall become integral with and due along with the next monthly installment. It is hereby mutually agreed that if the electricity is being paid by Lessor, no electric space heaters or air conditioning devices will be used upon the premises without prior consent of the Lessor. Lessee further agrees to remove any space heaters or air conditioning devices found upon the premises by Lessor immediately upon request and to pay a service charge of $50.00 per apparatus for that calendar month or any part thereof in which these apparatuses are used. It is understood between the Lessor and Lessee that telephone and cable television services are not utilities. It is agreed that Lessor shall not be responsible for these services, installing outlets for them, or for maintenance on existing outlets or wiring of these services. PETS AND WATER FILLED FURNITURE: It is hereby mutually agreed by Lessor and Lessee that no animals or water filled furniture shall be brought onto the premises. Lessee further agrees to remove any animal or water filled furniture found upon the premises by Lessor immediately upon request and to pay a pet charge of $100.00 per animal for any month or partial month which animals are present until they are removed and to pay a service charge of $50.00 for any month or partial month in which water filled furniture is present. No visiting pets are allowed whatsoever, and they shall be subject to the same charges. AUTOMOBILES: Lessee agrees that each automobile kept upon the premises will be currently licensed at all times. Lessee further agrees that Lessor may have automobiles that are not currently licensed towed from the premises at Lessee's expense if not removed from the premises within twenty-four hours of notice from Lessor. Lessee agrees that no automobiles will be washed upon the premises using water from the premises. Vehicles must be registered with our office. Any unatuhorized will be subject to tow at owners expense. SUBLETTING AND ASSIGNMENT: It is agreed that Lessee shall not assign this agreement nor sublet any portion of the premises without prior written consent of Lessor. However, if Lessor consents to subletting the premises, Lessee hereby acknowledges his continued obligation for the payment and full performance of all terms, covenants and conditions of this lease. ENTRY AND INSPECTIONS: Lessee agrees to permit the Lessor to enter the premises at any time for emergencies, at reasonable times for the purpose of repair, and upon twenty-four hour notice for purpose of inspection or to show the premises to prospective Lessees or lenders. Any request for maintenance by Lessee will interpreted as permission to enter the premises. It is understood by Lessee that showing to prospective Lessees will begin during February of this term. INDEMNIFICATION: The parties agree that Lessee shall be responsible and liable for any damages or injury to the Lessee, or any guests of the Lessee, or any property of Lessee, which occurs on the premises, or any part thereof. Lessee agrees to hold Lessor harmless for any claims to property of Lessee or to the guests of the Lessee. It is agreed between Lessor and Lessee that the Lessor shall not be responsible for damages from the plumbing, gas, water, steam or other pipes or fixtures, or sewage, above, upon or about said premises or building, nor for any damage arising from acts or neglect of other occupants of the building. Lessee shall carry renter's insurance on his personal belongings. DAMAGE OR DESTRUCTION: In case of damage or destruction, if the repair cannot be made within thirty days or if twenty percent of the building or more is destroyed, the premises shall be reconstructed at the option of Lessor and this lease shall be terminated. Lessee agrees to pay for all damages or destruction caused by Lessee or Lessee's invitees or guests. WAIVER: No failure of Lessor to enforce any of the provision set forth in this agreement shall be deemed a waiver of that provision or of any other provisions of this ageeement, nor shall acceptance of a partial lease installment be deemed a waiver of Lessor's rights to the full amount thereof. SEVERABILITY: Wherever possible each provision of this agreement shall be interpreted in such a manner as to be effective and valid under Ohio Law. If any provision of this agreement shall be found invalid under Ohio Law, such provision shall be ineffective only to the extent of such invalidity. The remainder of this agreement shall continue in full force and effect. USE AND OCCUPANCY: Lessee hereby agrees that the premises will be used for residential purposes only and only by the undersigned Lessee or an Assignee who has been properly approved by Lessor. Lessee agrees to comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the premises. Lessee also agrees that said premises shall be used and occupied in a safe, careful and proper manner and will not bring any foreign substance onto the premises or occupy the premises in any manner which may be considered hazardous by Local Authorities, Lessor or an insurance company insuring said premises. Lessee agrees not to use the premises in any unusual manner which disturbs or annoys joint Lessees of said building or disturbs the neighborhood. Lessee agrees to keep the surrounding grounds clear of rubbish and refuse which may appear from time to time. Lessee agrees that all cooking shall be done only in the kitchen and nowhere else within the premises or on porches or other exterior appurtenances. Lessee agrees that he will exit windows of the premises for emergency purposes only and will not enter onto sections of the roof except in case of emergency. Lessee agrees to pay an inspection charge of $50.00 if found on any section of the roof and further agrees to pay for any damages to roof found in said inspection. Lessee agrees to reimburse Lessor for the cost of freeing any sewer stoppages which occur during the term of this lease, except within the first thirty days of taking possession of the premises. Lessee agrees to reimburse Lessor for the cost of replacing any broken glass on the premises during the term of this lease. In the case of individual bedroom leases, each Lessee agrees to be responsible for a proportionate share of damage to shared areas of the house unless the responsible party can be ascertained. A refrigerator has been provided and will be maintained by Lessor for the convenience of the Lessee; however, Lessor assumes no responsibility for lost food due to failure of said refrigerator during the term of this lease. If a washing machine or dryer has been provided for the convenience of Lessee, Lessor assumes no responsibility for damaged clothes from the use of said machines. Lessee shall be responsible for providing window coverings in bedrooms and the Lessor shall provide blinds or curtains for windows in the shared areas of the premises, excluding basement windows. This lease is for an unfurnished premises. No banners or exterior sinage, lighting, etc. shall be allowed on premises whatsoever. MAINTENANCE AND ALTERATIONS: Lessee has examined and knows the condition of the premises and hereby acknowledges that the same are in good order and repair and no representations as to the condition or repair thereof have been made by Lessor prior to the execution of this lease that are not herein itemized. Lessee agrees that no painting, papering or any alterations whatsoever shall be made to the premises. Lessee agrees that no additional lock or fastening device shall be placed on any door and that Lessee will not alter any existing lock so as to limit access by Lessor. LOCKOUTS: Lessee agrees to pay Lessor $25.00 for sending personnel to the premises in cases of Lessee locking himself out. SMOKE DETECTORS AND FIRE EXTINGUISHERS: Lessee acknowledges that all smoke detectors upon the premises have had new batteries installed at the beginning of this term. Should any replacement of batteries become necessary during the term of this lease, Lessor agrees to do so immediately upon notification by Lessee. The Lessee agrees to notify Lessor should any maintenance become necessary. The Lessee agrees to assume all liability for harm due to failure to report needed maintenance or if he tampers with smoke detectors in any way. Lessee agrees to pay a charge of $25.00 per smoke detector if smoke detectors are found without batteries or have been removed. Lessee agrees to pay a charge of $50.00 when a fire extinguisher has been discharged or has had a seal broken without the presence of fire. Further, the Lessee agrees that any tampering with the smoke detectors or fire extinguishers may be considered a meterial breach of this agreement. LAWN CARE AND SNOW REMOVAL: It is agreed that Lessor shall be responsible for maintaining all trees and shrubs on the property and for lawn care. Lessee agrees to be responsible for all snow removal during the term of this agreement. DEFAULT: Lessee agrees that if default is made in the payment of any of the above installments, or any part thereof, or in any of the covenants herein contained to be keep by the Lessee, Lessor may at any time thereafter at his election declare said lease terminated an reenter the premises or any part thereof with proper process of law. Lessee agrees that if he is removed by process of law or abandons or vacates said premises at any time during the term of this agreement, Lessor may relet the premises for such rent and upon such terms as he may see fit; and if a sufficient amount shall not thus be realized, after paying the expenses of such reletting and collection, to satify Lessees obligation, the Lessee agrees to satify and pay all deficiencies. Lessee agrees that any personal property left upon the premises upon termination of this agreement in any way shall be considered abandoned any may be disposed of by Lessor. Lessee agrees that Lessor does not have any liability to store or maintain any personal property abandoned on the premises and Lessee waives any claims to which he may have against Lessor for disposition of personal property abandoned upon premises. HOLDING OVER: Lessee agrees that if he retains possession of the premises or any part thereof after the termination of the term by lapse of time or otherwise, a tenancy at sufferance shall be created at a per deim rent of one fifteenth of the normal monthly installment. Lessee further agrees to pay Lessor for all damages sustained by him resulting from retention of possession by Lessee. SECURITY DEPOSIT: Lessee agrees to deposit with Lessor the required security deposit as security for the performance of all covenants and agreements of this lease. Lessor agrees to return this sum to Lessee within thirty days after redelivery of possession of the premises to him, less any amount due Lessor for non-compliance of any of the covenants or agreements contained herein. Lessee agrees that he does not have the right to apply the security deposit toward payment of any lease installment. Lessee agrees to, within five days notice from Lessor, restore any funds drawn from the security deposit to repair damages caused by Lessee during the term. It is agreed that failure to restore the security deposit within five days may be considered a material breach of this lease. CLEANING: As consideration of this agreement, Lessee agrees to have all carpets power scrubbed prior to being cleaned at the termination of this agreement and further authorizes Lessor to do the same should Lessee fail to perform. Lessee further agrees that if the premises are not left in a clean and orderly condition, Lessee will pay $15.00 per hour to Lessor for cleaning and trash removal. In the case of individual bedroom leases in a house, the Lessee agrees to pay his proportional share of any cleaning which is needed in the shared areas of the premises. LEAD PAINT: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can cause health standards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, owners must disclose the presence of lead based paint hazards in the dwelling. Renters must also receive a federally approved pamphlet on lead poisoning prevention. RELEASE OF INFORMATION: Lessee hereby authorizes the release to Lessor of any information pertaining to credit or references given to him, and in the event that this agreement is not accepted by Lessor within five days, the total deposit received shall be refunded. Time is of the essence in this agreement and in consummating the same due to a "prime rental season" which coincides with the school term and also with the leasing of dormitory rooms by the University of Akron. Lessee agrees that he shall pay for all costs of re-leasing premises unless all of the following are met:
GUESTS AND SOCIAL GATHERINGS: Guests and social gatherings shall be limited to city and police ordiances. At no time shall a gathering interfere with a neighbors peaceable enjoyment of their property. Any violation of this agreement will be considered a material breach of this contract. Any and all cost either directly or indirectly by violation of this condition shall be passed directly onto all tenants and guarantors. ADDITIONAL CONDITIONS: ___________________________________________________________________ ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may only be modified by a writing signed by all parties hereto: G. Matthew Westfall Owners Agent ___________________________________________________ Date ________________________
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