Lease Agreement
This LEASE AGREEMENT, (hereinafter referred to as “Lease”), is made and entered into this
day of
, 20 ,
by and between ______________________________, (hereinafter referred to as “Resident”), and Abodes, Inc., duly authorized by
owner to execute this Lease and hereinafter referred to as “Lessor.” WITNESSETH, that in consideration of the mutual covenants,
herein contained and to be performed by each party, the said Lessor and Resident agree as follows:
1. TERMS: Lessor hereby demises and Resident hereby rents that certain property known as __________________________
Bloomington, IN 47401 (hereinafter referred to as “Premises”), beginning, ______________ ______, 20___ and ending
_____________ ______, 20___ at the agreed rental price of $
to be paid in equal monthly installments of $
.
The first installment will be due on the date the lease commences. Rent will be due on the 1st of each month thereafter. Resident is
responsible for the 7 days of vacancy during the turnover of Premises.
2. SECURITY DEPOSIT: Resident shall pay a security deposit of $
upon the signing of this Lease. The security
deposit, or the appropriate portion thereof, shall be returned after termination of this Lease if the Premises are not damaged beyond
normal wear and tear, and the rental account and all utilities are paid in full. Normal wear and tear is defined as the gradual
deterioration resulting from use, lapse of time, and to a certain extent the operation of the elements. The following is a partial list of
conditions that are NOT the result of normal wear and tear and will result in move-out charges: breaks, holes, scratches, burns or stains
in any surface, fixture or appliance; lingering odors; the accumulation of dirt; trash remaining after Premises are vacated; carpet which
is not freshly-cleaned. It is Resident's obligation to provide Lessor with a forwarding address upon termination of this Lease. One
check for the security deposit will be mailed to one Resident at a forwarding address within 45 days after termination of this Lease and
receipt of forwarding address, whichever event last occurs. This security deposit shall at no time be considered payment of rent, final
or otherwise. Lessor shall have the right to deduct any damage from Resident's security deposit and Resident shall be responsible for
any amount in excess of said deposit. In the event the security deposit shall be insufficient to cover Resident’s damages, Resident shall
pay the balance due within 30 days after receipt of notice.
3. CLEANING: Resident acknowledges and agrees that Premises must be thoroughly cleaned upon move-out: refer to Final Cleaning
Checklist for a detailed list of cleaning instructions. Any cleaning and painting necessary to return Premises to the same condition as
when Resident moved in will be DEDUCTED from the security deposit. Any Resident who stays for three or more years will not be
charged any expenses for cleaning, up to $75, to reflect the long relationship between Resident and Lessor.
4. STEAM-CLEANING: The carpet for said Premises must be steam-cleaned by a fully insured and bonded commercial carpet
cleaning company upon Resident’s move-out. This steam-cleaning will be DEDUCTED from the security deposit. Any Resident who
stays for three or more years will not be charged any expenses for steam-cleaning, to reflect the long relationship between Resident and
Lessor.
5. PAINTING POLICY: Every residential rental unit is turned over to the Resident with the walls in like new condition. The walls of
every unit are painted, as necessary, upon each Resident's move-out. Wherever nails, screws, adhesive, tacks, etc. have been attached
to a wall, the damage is no longer considered normal wear and tear, and requires that the holes be spackled and/or repaired. AS
POLICY, LESSOR WILL PAINT THE ENTIRE ROOM WHEREVER A SPACKLED REPAIR HAS BEEN MADE. This painting
will be a charge against the security deposit. Also, some marks cannot be cleaned, and these too will necessitate painting at Resident's
expense. Lessor requires that all painting be done by a professional painting contractor, fully insured and bonded. These policies are
for the purpose of maintaining the high standard of condition of all residential units, and are therefore in the interests of both the
Resident and Lessor.
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Initial
___________
Date
The above policies are for one year Leases. Any Resident who stays for three or more years will not be charged any standard expenses
for painting, to reflect the long relationship between Resident and Lessor. If the walls are damaged or take more than one coat of paint
to cover, the resident will be charged for extra time and materials to make these repairs. Residents who stay between two and three
years will only be charged one-half of any standard expenses for painting. If Resident has any questions about these policies, he/she
should review them at this time with the Property Manager.
6. NON-SMOKING POLICY: Smoking is not permitted inside Premises or other buildings of the apartment community. Resident is
responsible for all costs and damages for repair, replacement, or cleaning due to smoking or smoke-related damages. Smoke-related
damages include but are not limited to the smell of tobacco smoke in carpeting, walls, ceiling, wood, insulation or other components of
the Premises or building. Smoke-related damages are in excess of normal wear and tear and additional charges may apply, including
but not limited to painting, additional steam-cleaning and carpet replacement.
7. RENT: Resident is to pay said rent to the office of ABODES, Inc. 940 S Clarizz Blvd #25, Bloomington, IN 47401, by the 1st day
of each month. It is further agreed and covenanted by and between the parties hereto as follows:
a). Resident understands and agrees that occupancy is for specific dates. If actions on the part of previous Residents or third
parties prevent the Premises from being in a rentable condition on the specific date, then Resident agrees that Lessor's only
obligation will be to correct the problem within a reasonable time and that all other claims will be made against said third
party. If, in the opinion of Lessor the time for repair shall take longer than 2 weeks, then the entire Lease is null and void.
b). Resident understands and agrees that the rent will be due and payable on the 1st day of each month at the designated address,
and that if any part of the rent is not received by 5:00 PM on the fifth day of the month ("grace period''), there shall be an
additional rental charge of Five Dollars ($5.00) per day counting from the first day rent is due. For example, if rent is received
on the sixth day of the month, there shall be an additional rent charge of thirty dollars ($30.00). A check issued on nonsufficient funds (NSF) shall be considered non-payment of rent and additional rental charge for late payment of rent under this
Lease shall apply, in addition to any other penalty or protest fee allowed by law for an NSF check. Currently, said fee is thirty
five dollars ($35.00). See Rent Payment Addendum for further details. Lessor shall have the absolute right without notice to
cancel this Lease should rent become delinquent and past due on the 20th day of the month. Such cancellation shall not
prejudice Lessor’s right to collect the remaining rent due under the Lease. If the rent is 20 (twenty) days past due the Lessor
may declare the entire balance remaining under this Lease immediately due and payable.
8. OCCUPANCY: Occupancy shall be restricted to the persons whose names are on this Lease, excepting Resident's occasional
overnight or weekend guests. All persons occupying the Premises (other than Resident’s occasional overnight or weekend guests)
must be approved by Lessor, and if so approved, shall sign this Lease before occupying Premises. The actions of any occupants or
guests are the sole responsibility of Resident. If the leased Premises contain a loft area, it is understood and agreed that the loft area is
not to be used as a bedroom. Any violations of this provision will constitute a breach of this Lease.
9. PETS: Lessor shall not permit dogs, cats, or other domestic animals or pets on the Premises. Harboring a pet shall be considered a
material breach and automatic eviction will result, unless written consent from Lessor has been given and additional deposits paid. See
Pet Addendum.
10. BREACH OF LEASE: If Resident defaults in the performance of any of the covenants of this Lease and by reason thereof Lessor
employs the services of an attorney to enforce performance of the covenants by Resident, to evict Resident, to collect monies due from
Resident, or to perform any service based upon default, then, in any of said events Resident agrees to pay attorney's fee and all
expenses and costs incurred by Lessor pertaining thereto and enforcement of any remedy available to Lessor. Abandonment of the
premises or eviction for a breach of Lease shall not constitute a waiver by Lessor of rights to the full amount due under this Lease and
other remedies specified herein, but Resident shall remain liable for rent payment for the balance of the term of the Lease, as well as
any rent past due, any late fees incurred, and other damages.
11. SUBLET: Resident shall NOT sublet the property or assign this Lease without the written consent of Lessor. In the event of a subLease or assignment of this Lease, Resident shall remain liable for full payment of the rent and all other conditions and commitments
of this Lease.
12. Resident shall NOT have the right to terminate this Lease prior to the expiration of the Lease terms set forth herein.
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Initial
___________
Date
13. Resident hereby agrees that no alterations are to be made to the doors or windows (such as additional locks or deadbolts),
woodwork, walls, or floors without written consent of Lessor. Resident also agrees that no satellite dishes (see Satellite Addendum) or
other audio-visual equipment shall be installed on the exterior of the Premises without written consent of the Lessor. Resident shall not
cause or permit any alterations, additions, or changes of or upon any part of the Premises without first obtaining the written consent of
Lessor. See Community Guidelines Addendum for additional policies: Resident may be fined or evicted if not in compliance with
these policies.
14. Resident shall: (a) keep the unit in a clean condition during his/her occupancy; (b) pay for all damages to the Premises or to any
other Resident or other persons caused by the waste, misuse, or neglect of Resident or his/her guests; (c) be responsible for any
stoppage caused to the plumbing or damage to other equipment, appliances, garbage disposals, or fixtures in or on the Premises caused
by misuse; (d) promptly report to Lessor any signs of water leaks or water infiltration, standing water, condensation on interior
surfaces, high humidity, and any air conditioning or heating system problems; (e) keep all areas of the Premises clean and free from
water accumulation, removing visible moisture accumulation on windows, walls, ceilings and other surfaces; (f) be attentive to washing
machine leaks, overflows or spills in basins, commodes, washing machines and other plumbing fixtures; (g) be responsible for
maintaining in good condition all doors, locks, windows, screens, and fixtures; (h) maintain proper ventilation of the Premises
including controlling humidity and moisture levels in the Premises through proper operation of the air conditioning and heating
systems and plumbing fixtures; (i) during winter months, keep the heat set no lower than 60 degrees Fahrenheit to prevent water pipes
from bursting and other damages to the Premises; and (j) when outdoor temperature is below 20 degrees Farenheit, keep cabinet and
closet doors open and drip faucets. To the extent permitted by applicable law, and regardless of notification of any such conditions by
Resident, Lessor is not responsible for conditions, damages or injuries that result from Resident's failure to maintain the Premises in
accordance with these provisions. Resident is responsible for notifying Lessor of any damage-causing maintenance issue, which may
result in further damage if not attended to promptly. Failure to report said damages in a timely manner will constitute a breach of
lease.
15. UTILITIES: Resident shall be responsible for transferring all utilities into his/her name upon the commencement of the Lease.
Resident is required to pay for ALL utility costs, deposits, and installation fees, including water and sewage (except Ulysses Apts),
incurred by him/her throughout the duration of the Lease. Lessor shall not be responsible for interruption of equipment functioning or
any services or utilities due to circumstances beyond his reasonable control.
Lessor will incur the cost of trash removal from the designated trash receptacles. Items that are not placed inside or exceed the size of
the trash receptacles will result in a charge to the Resident.
16. LOCKOUTS: For lockouts outside of office hours (office hours are: Monday thru Friday 9:30am to 5:00pm), contact our
Emergency Maintenance. Charge is to be determined by Lessor and must be paid at the time of lockout.
17. Resident shall permit Lessor or any of their agents to enter said Premises during business hours (Monday thru Friday 9:30am5:00pm) to examine and protect the same, or to make such repairs, additions, or alterations thereto as may be deemed necessary.
Lessor may show said Premises to prospective Residents during office hours and on weekends as deemed necessary by Lessor.
During such time, Resident or a representative of Resident may be present. However, Lessor may enter the Premises at any time in the
event of a bona fide emergency.
18. Resident shall use said Premises for residential purposes only and shall not engage in or permit any illegal or improper activity. If
any illegal or improper activity is detected, or any activity which may give cause for reasonable alarm to others, automatic eviction will
result. If illegal drugs are detected in Premises or on the property, automatic eviction will result. Resident agrees to notify Lessor if
Resident or any occupants are convicted of a felony, or misdemeanor involving a controlled substance, violence to another person or
destruction of property. Resident also agrees to notify Lessor if Resident or any occupant registers as a sex offender in any state. Any
such criminal conviction or sex-offender registration shall result in automatic eviction.
19. Resident shall not operate or permit to be operated a radio, stereo equipment, television set or musical instrument in any manner
which might disturb other Residents. Resident shall not permit or suffer any disorderly conduct, noise, vibration, odors, or other
nuisance, nor use machinery or any other apparatus which would damage the premises, annoy or disturb other Residents. Resident
agrees to comply with the “Quiet Nights Initiative,” a Bloomington City Code. Resident may be subject to fines and/or eviction if
excessive noise complaints are reported to the Leasing Office.
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Initial
__________
Date
20. It is expressly understood that this Lease is for the dates listed above and the holding over of one (1) day shall constitute a full
month's rent becoming due and payable. If Resident does not take possession of the Premises and Lessor is able to re-lease the
Premises, the deposit will be retained by Lessor as liquidated damages. If the Premises are not re-leased, the original Resident will be
held liable for the full amount of the rent together with all reasonable attorney fees and costs of collection. If occupancy is taken, the
deposit will be converted to the required damage deposit.
21. Resident hereby accepts the Premises in its present condition except as otherwise specified in the Move-in/Move-out Report.
22. Move-ins must be scheduled and conducted during regular office hours. Move-in appointments can be scheduled after 9:00 a.m.
on the day the Lease begins. Move-out appointments must be scheduled in advance, NO LATER than 14 days prior to moving out.
Once scheduled, if a Move-out appointment is changed less than 3 days before the original scheduled time, a $50 change fee will be
assessed. If Resident fails to schedule a Move-out appointment, Lessor will assign an absentee Move-out. Move-out appointments
must be conducted no later than 3:00 p.m. on the last day of the Lease, and keys must be surrendered at the Move-out appointment.
No Move-out appointments will be conducted after business hours or on a weekend.
23. Upon termination of this Lease, Resident shall return to Lessor all keys furnished by Lessor and all keys (if any) made by Resident.
Failure to return ALL keys to Premises at Move-out appointment shall result in a charge to Resident. A charge of $40 per lockset will
be deducted from security deposit. Additionally, where applicable, all garage automatic door openers and keys must also be returned at
Move-out Inspection appointment. A charge of $45 per garage opener will be deducted from security deposit if not returned.
24. If upon the termination of this Lease, Resident moves out of Premises and fails to remove any of his/her personal property, the
personal property shall be deemed to be abandoned and Lessor shall have no responsibility or liability for the safekeeping or loss of, or
damages to such abandoned property.
25. Resident agrees to waive any and all claims against Lessor for or on account of any personal injury sustained, or any loss or
damage to property caused by fire, ice, snow, water, deluge, overflow or explosion, no matter how it shall arise or be caused, or where
it occurs; or for loss of any articles by theft or from any cause, from the Premises or the apartment community.
26. Failure of Resident to observe and exercise compliance with this Lease, or with other rules and regulations that later may be
reasonably required by management, will constitute a breach of this Lease.
27. No oral statements made by Abodes employees or agents shall be binding, unless consented to, in writing, by Lessor.
28. Should any section, clause, paragraph or part of this Lease be declared invalid by court of competent jurisdiction or by statute, the
remaining section, clauses, paragraphs and parts shall continue and remain in full force and effect.
29. Each person signing this Lease as a Resident agrees to be jointly and severally liable to Lessor for any breach of this Lease, which
means that each Resident will be held responsible for the entire amount due under this Lease and for the acts and omissions of the
other Residents signing this Lease, or their guests, as well as their own.
30. No failure by Lessor to insist upon the strict performance of any term or condition of this Lease, or to exercise any right or remedy
available on a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach shall constitute a
waiver of any such breach or of any such term or condition. No term or condition of this Lease required to be performed by Resident,
and no breach thereof, shall be waived, altered, or modified, except as stated in writing by Lessor.
31. Resident may not assert any claim against Lessor or defend any claim by Lessor against Resident on the basis that Lessor has
breached or defaulted in any of his understandings and duties under this Lease, unless Resident has first given notice in writing, either
in person or by Certified Mail, to Lessor of the purported breach or default promptly after the same occurs or as soon thereafter as it
came to the knowledge of Resident or his agents, and Lessor fails to commence to cure the same within fifteen (15) days after receipt
of said written notice. Any notice required to be given under this Lease shall be addressed as follows:
Lessor: Abodes, Inc.
940 S Clarizz Blvd #25
Bloomington, IN 47401
________
Initial
__________
Date
Resident: Resident name as it appears on this Lease
Premises
Bloomington, IN 47401
32. Lessor shall not be liable for any personal injury to Resident or to any third parties, nor for any damage to or loss of Resident’s
personal property or any damage to or loss of property of third parties, and Resident shall hold Lessor harmless thereon. It shall be the
responsibility of Resident to carry liability insurance in the minimal sum of $10,000.00 for property damage and $100,000.00 for
personal injury to third parties. It shall also be the responsibility of the Resident to carry renter's insurance to cover any and all
personal property within the Premises or within the storage areas provided by Lessor. Waterbeds are not permitted on the Premises.
33. No security measure provided by Lessor is to be treated as an express or implied warranty of security, or as a guarantee against
crime or of reduced risk of crime. Resident acknowledges that no representation or warranty as to security at the Premises or at the
building or apartment complex of which the Premises are a part has been made by Lessor. Unless otherwise provided by law, Lessor is
not liable to Resident or to any third parties for injury, damage, or loss to person or property caused by the criminal conduct of other
persons. Lessor is not required to furnish security personnel, security lighting, video cameras or other forms of security unless required
by statute. Lessor is not responsible for obtaining criminal-history checks on any residents, occcupants, guests, or contractors in the
apartment community. If Resident or any occupant or guest is affected by a crime, Resident must make a written report to the
appropriate law-enforcement agency and to Lessor, and must furnish Lessor with the law-enforcement agency’s incident report
number.
34. All notices hereunder shall be in writing and shall be delivered personally or sent by First Class United States Mail, Certified,
return receipt, to the above-described addresses, provided that each Party by like notice may designate any further or different address
to which subsequent notices may be sent.
35. All rights of Lessor in this Lease and in the Premises may be assigned, pledged, mortgaged, transferred or otherwise disposed of,
either in whole or in part, without notice to Resident. The assignee shall be free from any and all defenses, set-offs or counterclaims,
which Resident may be entitled to assert against Lessor.
36. The items listed below are attached to this Lease and are binding even if not initialed and signed:
Community Guidelines
Smoke Detector Addendum
Rent Payment Addendum
Pet Addendum
Sattelite Addendum
Swimming Pool Addendum
Bed Bug Addendum
Lease Guaranty
Other _______________________
Other _______________________
THE MAXIMUM OCCUPANT LIMIT FOR THIS UNIT IS: 1
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Date
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Date
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Date
_________________________
Resident’s signature
_________________________
Resident’s signature
_________________________
Abodes, Inc.
__________
Date
__________
Date
2
3
4
5
(CIRCLE ONE)
_______________________
Resident’s signature
_______________________
Resident’s signature