Lease Agreement

1. USE

The Apartment must be used only as a private Apartment to live in and for no other reason. Only a party signing the Lease may use the Apartment.

2. FAILURE TO GIVE POSSESSION

Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the Term. Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. Rent shall then be payable as of the date possession is available. Landlord will notify Tenant as to the date possession is available. The ending date of the term will not change.

3. RENT, ADDED RENT

The rent payment for each month must be paid on the first day of the month at Landlord’s address. Landlord need not give notice to pay the rent. Rent must be paid in full and no amount may be subtracted from it. The first month’s rent is to be paid when Tenant signs the Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be called “added rent”. This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if Tenant failed to pay rent. Payment of rent in installments is for Tenant’s convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable.

4. SECURITY

Tenant has given a Security deposit to Landlord in the amount stated above. If Tenant fully complies with all of the terms of this Lease, Landlord will return the Security within 30 days after the Term ends if all parties move out. If Tenant does not fully comply with the terms of this Lease and lease addendum, Landlord may use the Security to pay amounts owed by Tenant, including damages. Landlord does not allow the Tenant to use the Security Deposit for the last month’s rent. Tenant does not have the right to have the Security Deposit applied against unpaid rent without the express written authority of the Landlord. **Please be advised that your Security Deposit is deposited into M&T; Bank in an interest bearing account that will accrue interest quarterly until you vacate the Apartment. You will not be receiving a check at the end of each year for this interest. You will only receive a statement from the bank stating the interest accrued for the year.** At the sole option of the Landlord, the Landlord may apply any unused portion of the Security Deposit against any charges owed by the Tenant to the Landlord for the unpaid rent and/or damages.

5. SERVICES

Tenant must pay for electric and gas service at the apartment and this service must be kept active at all times. If unable to supply any service because of labor trouble, Government order, lack of fuel supply or other cause not controlled by Landlord, Landlord is excused from supplying. The apartment must kept between 60 degrees and 78 degrees at all time to avoid damage to the unit

6. REPAIRS

Tenant must take good care of the Apartment and all equipment and fixtures in it, including cleaning the carpets. Tenant must, at Tenant’s cost, make all repairs and replacements whenever the need results from Tenant’s act or neglect. If Tenant fails to make a needed repair or replacement, Landlord may do it. Landlord’s expense will be added rent. Tenants are responsible for cost of drain snaking that is determined to be in your unit’s plumbing. All maintenance requests must be scheduled through the landlord or our website.

7. ALTERATIONS

8. REFUSE

Tenants are responsible for disposing of all garbage in the common dumpster. Tenants shall not store garbage in their apartments or in the hallways. Tenants shall not dispose of furniture, appliances, or large items in the dumpster. The dumpster is for normal household trash only. Dumpster is for tenant use only and for tenant trash only. If a tenant needs to dispose of large items, they must contact Landlord to arrange for a special pickup at tenant’s expense.

9. FIRE, ACCIDENT, DEFECTS, DAMAGE

Tenant must give Landlord prompt notice of fire, accident, damage, or dangerous or defective condition. If the Apartment cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is unusable. If part of the Apartment cannot be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable. Landlord need only repair the damaged structural parts of the Apartment. Landlord is not required to repair or replace any equipment, fixtures, furnishings, or decorations unless originally installed by Landlord. Landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems, or any other cause not fully under Landlord’s control. If the fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant’s expense and Tenant must pay the full rent without adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the fire or casualty by giving Tenant notice of Landlord’s intention to demolish or rebuild. The Lease will end 30 days after Landlord’s cancellations notice to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is canceled, Landlord is not required to repair the Apartment or Building.

10. SMOKING

Tenants are not permitted to smoke in their apartments. No smoking is permitted in any of the common areas. Tenants are required to properly dispose of all smoking material prior to entering the building. Tenants are responsible for any and all damages caused by their smoking; included, but not limited to, carpet cleaning or replacement, deodorizing, extra cleaning or paint charges.

11. LIABILITY

Landlord is not liable for loss, expense, or damage to any person or property, unless due to Landlord’s negligence. Tenant must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect of Tenant. Tenant is responsible for all acts of Tenant’s family, employees, guests, or invitees. Landlord’s insurance does not cover any of Tenant’s belongings. It is an express condition of this Lease that the Tenant provide, at their own expense, a Renter’s Insurance Policy covering any loss and/or damage to Tenant’s property and further covering Tenant’s liability for any claims which arise from any act or neglect by Tenant. It is Tenant’s responsibility to obtain Renter’s Insurance to cover Tenant’s possessions.

12. LANDLORD MAY ENTER

Landlord may, at reasonable times, enter the Apartment to examine, to make repairs or alterations, and to show it to possible buyers, lenders, or tenants.

13. ASSIGNMENT AND SUBLEASE

Tenant must not assign this Lease or sublet all or part of the Apartment or permit any other person to use the Apartment. It Tenant does, Landlord has the right to cancel the Lease as stated in the Default section.

14. SUBORDINATION

This Lease and Tenant’s rights, are subject and subordinate to all present and future: (a) Leases for the Building or the Land on which it stands, (b) mortgages on the Leases or the Building or Land, (c) agreements securing money paid or to be paid by a lender, and (d) terms, conditions, renewals, changes of any kind and extensions of the mortgages or leases or Lender agreements. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Lease is so subject and subordinate. Tenant authorizes Landlord to sign these certificate(s) for Tenant.

15. CONDEMNATION

If all of the Apartment or Building is taken or condemned by a legal authority, the Term, and Tenant’s rights shall end as of the date the authority takes title to the Apartment or Building. If any part of the Apartment or Building is taken, Landlord may cancel this Lease on notice to tenant. The notice shall set a cancellation date not less than 30 days from the date of the notice. If the Lease is canceled, Tenant must deliver the Apartment to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to Landlord. Tenant gives Landlord any interest Tenant may have to any part of the award. Tenant shall make no claim for the value of the remaining part of the Term.

16. TENANT’S DUTY TO OBEY LAWS AND REGULATIONS

Tenant must, at Tenant’s expense, promptly comply with all laws, orders, rules, requests, and directions, of all governmental authorities, Landlord’s Insurers, Board of Fire underwriters, or similar groups. Tenant may not do anything which may increase Landlord’s insurance premiums. If Tenant does, Tenant must pay the increase as added rent.

17. TENANT’S DEFAULTS AND LANDLORD’S REMEDIES

- a. Landlord may give five (5) days written notice to Tenant to correct any of the following defaults:
  i. Failure to pay rent or added rent on time.
  ii. Improper assignment of the Lease, improper subletting all or part of the Apartment.
  iii. Improper conduct by Tenant or other occupant of the Apartment.
  iv. Failure to fully perform and any other term in the Lease.

- b. If Tenant fails to correct the defaults in Section A within the five (5) days, Landlord may cancel the lease by giving Tenant a written three (3) day notice stating the date the Term will end. On that date, the Term and Tenant’s rights in this Lease automatically end and Tenant must leave the Apartment and give the Landlord the keys. Tenant continues to be responsible for rent, expenses, damages, and losses.

- c. If the Lease is canceled, or rent or added rent is not paid on time, or Tenant vacates the Apartment. Landlord may, in addition to other remedies, take any of the following steps:
  i. Enter the apartment and remove Tenant and any person or property;
  ii. Use dispossess, eviction, or other lawsuit method to take back the Apartment.

- d. If the Lease is ended or Landlord takes back the Apartment, rent and added rent for the unexpired Term becomes due and payable. Landlord may re-rent the Apartment and anything in it for any Term. Landlord may re-rent for a lower rent and give allowances to the new Tenant. Tenant shall be responsible for Landlord’s cost of re-renting. Landlord’s cost shall include the cost of repairs, decorations, broker’s fees, reasonable attorney’s fees, advertising and preparation for renting. Tenant shall continue to be responsible for rent, expenses, damages, and losses. Any rent received from the re-renting shall be applied to the reduction of money Tenant owes. Tenant waives all rights to return to the Apartment after possession is given to the Landlord by a Court. All said costs, fees, and expenses shall be considered additional rent. In addition to any and all other remedies which may be available to Landlord, the Landlord shall be entitled to payment of reasonable attorney’s fees in the event of any default by Tenant whether or not such default is remedied prior to the commencement of any Court action.

18. WAIVER OF JURY, COUNTERCLAIM, AND SET OFF

Landlord and Tenant waive by a jury in any matter which comes up between the parties under or because of this Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Apartment, Tenant shall not have the right to make a counterclaim or set off.

19. NOTICES

Any bill, statement, or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant at the Apartment. If to Landlord, it must be mailed to Landlord’s address. It will be considered delivered on the day mailed or if not mailed, when left at the proper address. Landlord must send a written notice to Tenant if Landlord’s address is changed.

20. NO WAIVER, ILLEGALITY

Landlord’s acceptance of rent or failure to enforce any term in this Lease is not a waiver of any of Landlord’s rights. If a term in this Lease is illegal, the rest of this Lease remains in full force.

21. RULES

Tenant must comply with Landlord’s Rules. Notice of Rules will be posted or given to Tenant. Landlord need not enforce Rules against other Tenants. Landlord is not liable to Tenant if another Tenant violates the Rules. Tenant receives no rights under the Rules. Landlord may modify Rules at any time.

22. REPRESENTATIONS

Tenant has read this Lease. All promises by the Landlord are in this Lease. There are no others.

23. LANDLORD UNABLE TO PERFORM

If due to labor trouble, government order, lack of supply, Tenant’s act or neglect, or any other cause not fully within Landlord’s reasonable control, Landlord is delayed or unable to (a) carry out any of the Landlord’s promises or agreements, (b) supply any service to be supplied, (c) make any required repair or change in the Apartment or Building, or (d) supply any equipment or appliances, this Lease shall not be ended or Tenant’s obligations affected.

24. END OF TERM

At the end of the Term, Tenant must: Leave the Apartment clean and in good condition, subject to ordinary wear and tear; remove all Tenant’s property and all Tenant’s installations and decorations; repair all damages to the Apartment and Building caused by moving; and restore the Apartment to its condition at the beginning of the Term. Apartment is to be inspected by the Landlord after Tenant has completely moved out. All keys are to be returned to landlord at this time or a deduction will be made from Tenant’s security deposit. Tenants must notify landlord 60 days prior to the expiration of the lease if they intend to renew the lease or vacate

25. SPACE “AS IS”

Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apartment “as is”.

26. QUIET ENJOYMENT AND HABITABILITY

Subject to the terms of this Lease, as long as Tenant is not in default, Tenant may peaceably and quietly have, hold, and enjoy the Apartment for the Term. Landlord states that the Apartment and Building are fit for human living and there is no condition dangerous to health, life, or safety.

27. LANDLORD’S CONSENT

If Tenant requires Landlord’s consent to any act and such consent is not given, Tenant’s only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because such consent was not given.

28. LEASE BINDING ON

This Lease is binding on Landlord and Tenant and those that lawfully succeed their rights or take their place.

29. CHANGES

This Lease may be changed only by an agreement in writing, signed by and delivered to each party.

30. LATE CHARGE

There will be a $25.00 Late Charge for any rent received later than five (5) days after the due date.

31. RETURNED CHECK CHARGE

Returned checks will be subject to a $30 fee. The returned check must be replaced with a bank check or money order and include the return check fee.

32. RENTERS INSURANCE

All tenants must maintain renters insurance at their own expense

33. PETS

No Dogs, cats, or other animals are allowed in the Apartment or Building or on the property.

34. CANCELLATION CHARGES

If this Lease is canceled by mutual consent for any reason whatsoever, the minimum cancellation charge is three (3) month’s rent.

35. WATER BEDS

Water beds are not allowed in the Apartments.

36. POOL MEMBERSHIPS

Pool memberships be purchased from the Riverton Community Associate office directly.

37. RENEWAL

In the event that the Landlord offers to the Tenant the opportunity to renew their Lease with the Landlord, then, and in that event, any terms of renewal shall not become effective until the renewal document is executed in full by both the Tenant and the Landlord. If Tenant decides not to renew their Lease, a 60 day written notice is required to vacate.