|
|
LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as the "lease") is made and entered into this _______ day of ___________________________, 200____, by and between _____________________________(hereinafter referred to as "Landlord"), and___________________________________________ (hereinafter referred to as "Tenant"); WITNESSETH: In consideration of the premises contained herein and the mutual and dependent covenants, conditions, and agreements more particularly hereinafter set forth, and the rent hereinafter agreed to be paid, landlord hereby leases to tenant and tenant hereby leases from landlord for a term of 12 months, commencing on the _____ day of _______________, 200____, and terminating on the _____ day of _______________, 200_____,located at _________________________________________ _________________________________________ _________________________________________ (hereinafter referred to as the "leased premises"): TO HAVE AND TO HOLD the leased premises with all of the rights and privileges thereto appertaining unto tenant for the term hereof upon the following covenants, conditions, and agreements: 1. RENTAL. Tenant agrees to pay to landlord, without demand, at the address set forth herein or at such other place as landlord may hereafter designate in writing. The rent shall be payable in twelve monthly installments of ($__________). All installments of rent shall be due in advance on the _________ day of each month and paid, in any event, within five days thereafter. Tenant shall pay, immediately upon demand by landlord, a charge of $25.00 in the case any check is returned to landlord without payment, or dishonored for any reason. After a second returned check, tenant shall be required to pay only with cash, by a money order, or by certified or cashier's check. In the event any installment of rent is paid by tenant and accepted by landlord more than five days after its due date, tenant shall pay, in addition thereto, a late charge in the amount of $25.00. Tenant hereby agrees and acknowledges that the failure of tenant to pay the rent due under this lease, at the time and in the manner provided herein, shall constitute material noncompliance with the provisions of this lease. Demand, notice of nonpayment, and any other notice with respect to payment of rent are hereby expressly waived by tenant. In addition, tenant covenants and agrees to pay the other amounts required to discharge its obligations under the conditions and provisions of this lease. 2. SECURITY DEPOSIT AND CLEANING FEE. Simultaneous with the execution of this lease, tenant has deposited with Landlord for security purposes the sum $____________, which amount is non-refundable if any of the terms or conditions herein is breached by Tenant. It is understood and agreed that the leased premises are received in good order and condition, and tenant hereby acknowledges that it has been given the opportunity to fully inspect the leased premises. Upon the expiration of this lease or the earlier termination by forfeiture or otherwise, landlord shall inspect the leased premises and compile a comprehensive listing of any damage to the leased premises, which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. It is agreed that landlord may apply the aforementioned deposit to the cost of repairing such items of damage, as well as to any unpaid rent due and owing at such time. If the damage to the leased premises exceeds the deposit, landlord may repair the damage and tenant agrees to pay to landlord immediately upon demand for all expenditures in excess of the deposit. Should there be no expenses of restoration or should there be no unpaid rent, or should there be no other breach of any of the terms and conditions herein, the aforementioned deposit shall be returned to tenant within 30 days after the expiration of this lease. Receipt of the aforementioned security deposit is hereby acknowledged by Landlord and Tenant (_____________________________________) . 3. RENEWAL TERM. Upon 30 days' written notice to landlord prior to the expiration of the term of this lease, tenant shall either inform landlord of its desire to renew the term of this lease for an additional period of one (1) year, or inform landlord of its intention to vacate the leased premises at the expiration of the term of this lease. Notwithstanding the foregoing, landlord reserves the right to increase the rent and otherwise alter the terms of this lease for any such additional term, or refuse to allow tenant to extend or renew the lease for an additional term. Landlord may require tenant to execute a new lease in furtherance of the foregoing. 4. USE OF PREMISES. The leased premises shall be used and occupied by tenant, and all other occupants, exclusively as a private residence, and neither the leased premises nor any part thereof shall be used at any time during the term of this lease for the purpose of carrying on any business, profession, or trade of any kind, for any unlawful purpose, or for any purpose other than as a private residence. The leased premises shall be occupied by not more than two (2) adults and their children. Tenant shall not keep or permit anything to remain on the leased premises or use the leased premises in a manner, which vitiates the insurance thereon, or causes the rate of insurance to be increased. Tenant shall not do or permit anything to be done in or about the leased premises which may be or become a nuisance or which may interfere with or disturb the rights, comfort, or convenience of other residents. Tenant shall, at all times, keep and maintain the leased premises in a clean and sanitary condition. Tenant shall dispose of all refuse, rubbish, garbage, and other waste from the leased premises. 5. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall comply with all existing or future laws and regulations affecting the leased premises which have been or which may be adopted, passed, or issued by the city of Ft. Wright, Kenton County, the Commonwealth of Kentucky, or any other governmental agency. 6. UTILITIES. Tenant shall be responsible for arranging the connection of all electricity, telephone, and cable television services required for the comfortable occupancy of the leased premises. Tenant shall cause the bills for all such utility services to be issued in tenant's name and shall pay the charges for such services at the time provided in such bills, prior to the time that any late charge or penalty would accrue. 7. REPAIRS AND MAINTENANCE. Tenant shall keep and maintain the leased premises in good condition and repair at all times during the term of this lease and shall be responsible for the entire maintenance of the same. Notwithstanding the foregoing, tenant shall promptly notify landlord, in writing, of any damage or defect in the water pipes, electric light wires or fixtures, or heating apparatus, and landlord shall, if such damage or defect is not the result of any act of neglect of tenant or any other person on the leased premises, be responsible for repairing the same. Tenant shall be responsible for, whether resulting from negligence or otherwise, all injury, damage, or breakage done by tenant, its agents, invitees, or any other persons in the leased premises. If tenant fails to repair and maintain the leased premises as herein provided within 14 days after written notice by landlord specifying the breach and requesting tenant to remedy the same, landlord may enter the leased premises and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when rent is due or, if this lease has terminated, for immediate payment. 8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to, or make any other improvements on, the leased premises without the prior written consent of landlord. In any event, no holes shall be drilled in the walls, woodwork, or floors of the leased premises, and no antenna installation shall be permitted. All alterations, changes, and improvements built, constructed, or placed on the leased premises by tenant, with the exception of fixtures removable without damage to the leased premises and movable personal property, shall, unless otherwise provided by written agreement between landlord and tenant, vest in and become the property of landlord at the expiration or earlier termination of this lease. 9. ASSIGNMENT AND SUBLETTING. Tenant shall have no right to assign this lease, nor to sublet or grant any concession or license to use the leased premises or any part thereof without the prior written consent of landlord. Any assignment, subletting, concession, or license made or granted without the prior written consent of landlord, or any assignment or subletting by operation of law, shall be void and landlord may, at its option, terminate this lease in such event. Regardless of whether landlord shall consent to the assignment or subletting of this lease, tenant shall remain liable for the payment of rent for the remainder of the original term of this lease. 10. CONDITION OF THE LEASED PREMISES; USE OF PUBLIC AREAS. Tenant has inspected the leased premises, acknowledges that such are in good and tenantable condition, and accepts the same in their present condition. Tenant shall indemnify and hold landlord harmless from and against all claims for damages and expenses of every kind and character to parties who may claim, sue, or demand damages for injuries sustained upon the leased premises resulting from the acts or omissions of tenant, the members of its family, and tenant's or tenant's family's guests or invitees. Tenant will defend any such claim or suit for damages or injuries at its own expense and will indemnify and hold the Landlord harmless from any loss, damage or other expense including, without limitation, attorney's fees which the Landlord may incur or suffer with respect to any claim based upon the use or occupancy of the leased premises. LANDLORD STRONGLY RECOMMENDS THAT TENANT SECURE ADEQUATE COMPREHENSIVE GENERAL LIABILITY INSURANCE protecting against all claims for personal injury, death or property damage occurring upon, in or about the Leased Premises resulting from the use of occupancy thereof. 11. PERSONAL PROPERTY. Landlord shall not be liable to tenant, the members of tenant's family, and tenant's or tenant's family's guests or invitees for any damage caused by the acts or omissions of other residents or persons, whether such persons be off the property of landlord or on the property of landlord with or without its permission. Further, the landlord shall not be liable for losses or damages to property from fire, theft, or other casualty not resulting from the acts or omissions of landlord. LANDLORD STRONGLY RECOMMENDS THAT TENANT SECURE ADEQUATE INSURANCE TO PROTECT TENANT AGAINST SUCH OCCURRENCES. At the expiration of the term of this lease, or the earlier termination for any reason, tenant shall immediately remove all of tenant's personal property from the leased premises. If tenant does not immediately remove its personal property from the leased premises as provided herein, landlord is expressly authorized to remove and store tenant's personal property, at tenant's sole cost and expense. If tenant does not claim its personal property and pay all amounts due in accordance with the provisions of this lease within 30 days after removal from the leased premises, landlord may sell or dispose of the same and apply the proceeds, if any, to any unpaid rent, damages, storage fees, costs of sale, and reasonable attorney fees. 12. DAMAGE TO OR DESTRUCTION OF PREMISES. Tenant agrees to pay rent as herein provided unless the leased premises shall be destroyed or rendered uninhabitable, through no fault of tenant, as a result of fire, lightning, storm, tornado, or other casualty in which event tenant may immediately vacate the leased premises and shall notify landlord in writing within 14 days thereafter of its intention to terminate this lease. Tenant shall be liable for rent accrued up to the date of the damage by any one of the aforesaid causes and for all rent accruing after the leased premises shall again be made tenantable if this lease is not terminated as herein provided. 13. DEFAULT. If tenant shall fail to pay any installment of rent when due, and tenant further fails to pay rent within seven days after written notice by landlord of such nonpayment and of its intention to terminate this lease if the rent is not paid within such period, landlord may terminate this lease. Furthermore, if there is any material noncompliance by tenant with any terms of this lease, landlord may, but shall not be obligated to, deliver written notice to tenant specifying the acts and/or omissions constituting the breach and specifying that this lease will terminate 14 days after receipt of the notice. If the breach is not remedied on or before the date specified in the notice from landlord, this lease shall terminate. Notwithstanding the foregoing, if the breach may be remedied by repairs or the payment of damages or otherwise and tenant remedies the breach to landlord's reasonable satisfaction before the date specified in the notice, this lease shall not terminate. If substantially the same act or omission which constituted prior noncompliance with the terms of this lease and of which notice was given occurs twice during any sixmonth period of this lease, landlord may terminate this lease upon at least 14 days' written notice, specifying the breach and the date of termination. Upon termination of this lease, landlord shall have the right to reenter and relet the leased premises from time to time; such re-entry and/or reletting shall not discharge tenant from any liabilities or obligations hereunder, except that net rents collected as a result of any such reletting shall be a credit to tenant's liability for rents payable hereunder. The failure to consider this lease forfeited for failure or breach shall not be deemed to be a waiver of landlord's right to exercise such remedy in the event of any subsequent breach, the right to declare a forfeiture being a continuing one. Nothing contained herein, however, shall be construed to require landlord to re-enter and relet the leased premises in any such event or events, nor shall anything herein be construed to postpone the right of landlord to sue for rent. 14. ABANDONMENT. Tenant agrees to notify landlord in writing of any anticipated extended absence from the leased premises in excess of 7 days, and such notice shall be given on or before the first day of any extended absence. Tenant further agrees that any unexplained and/or extended absence from the leased premises for 7 days or more without payment of rent due shall constitute prima facie evidence of abandonment. Landlord is expressly authorized to enter the leased premises in the event of any abandonment and may remove and store all personal property of tenant at tenant's sole cost and expense. If tenant does not claim its personal property within an additional 30 days, landlord may sell or dispose of the same and apply the proceeds, if any, to any unpaid rent, damages, storage fees, costs of sale, and reasonable attorney fees. 15. PETS. Tenant shall permit no domestic or other animals to remain on or about the leased premises at any time. 16. INSPECTION. Landlord and its agents shall have the right, at all reasonable times during the term of this lease, to enter the leased premises for the purpose of inspecting the same, upon giving tenant twenty four hours' oral or written notice of its intent to do so, unless such notice is impracticable under the circumstances. In case of emergency, landlord shall have the right to enter the leased premises without any notice whatsoever to tenant. 17. TERMINATION BY LANDLORD. Notwithstanding any other provision contained in this lease, this lease may be terminated by landlord within three days from the date written notice is delivered to tenant if tenant or any other person on the premises with tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety, or welfare of the life or property of other lessees or persons on the leased premises. Such notice of termination shall become effective immediately upon receipt thereof by tenant. 18. MISREPRESENTATION. If tenant has made a material misrepresentation in the application process in connection with this lease, landlord may, in its sole discretion, treat the same as a breach of this lease and may exercise any of the remedies available to landlord set forth in Section 13 hereof. 19. ATTORNEY FEES. In the event landlord employs an attorney because of a default by tenant under the terms and conditions of this lease, tenant shall be liable for reasonable attorney fees and other costs or expenses incurred by landlord in connection therewith. 20. RULES. Tenant shall abide by all rules and regulations hereafter adopted by landlord for the administration of the leased premises. A copy of any such rules and regulations will be furnished to tenant at time of adoption and the same are incorporated herein by reference and made a part hereof. Tenant shall thereafter be given notice of any change in such rules and regulations. 21. SURRENDER OF POSSESSION. Tenant agrees to return all keys and to surrender peaceable and quiet possession of the leased premises to landlord upon the expiration or termination of this lease for any reason, and at any time, in good order and condition, ordinary wear and tear excepted. 22. COVENANT OF PEACEFUL POSSESSION. Landlord agrees, under the terms of this lease, to keep tenant in peaceable and uninterrupted possession of the leased premises so long as tenant complies with and performs all of the terms, covenants, and conditions of this lease. 23. NOTICES. Any notice required or permitted to be given by either party under the terms of this lease, except as provided in Section 16 above, shall be given in writing and shall be delivered in person or sent by certified mail, postage prepaid. Notices to landlord shall, unless landlord otherwise advises tenant in writing, be delivered or addressed to landlord at __________________________________________. Notices to tenant shall, unless tenant otherwise advises landlord in writing, be delivered or addressed to tenant at _______________________________________________________________________. Notices shall be deemed to have been given when delivered in person or when deposited in any United States Post Office, which accepts certified mail. 25. MISCELLANEOUS. This lease contains the entire agreement between landlord and tenant. Neither this lease nor any provision hereof may be altered, amended, or modified orally, but only by an instrument in writing signed by or on behalf of each party hereto. The obligations assumed hereby are joint and several and are declared to be binding upon the heirs, legal representatives, successors, and assigns of the parties hereto. All covenants and agreements of tenant are specifically agreed to be conditions and are to be enforceable as such if landlord so elects. Time shall be of the essence with respect to the performance of the obligations of tenant arising under this lease. This lease shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. If any provision of this lease or the application thereof to any person or circumstance shall be declared to be invalid or unenforceable to any extent, the remainder of this lease and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the fullest extent permitted by law. Whenever used herein, the neuter gender shall be deemed to include the feminine and masculine genders, and vice versa, and the use of the singular shall be deemed to include the plural, and vice versa. IN TESTIMONY WHEREOF, the parties hereto have caused this lease to be executed, in duplicate originals, on the date first above written. (LANDLORD)
____________________________ _________________________________________
TENANT TENANT _______________________________ _______________________________________ |