LEASE AGREEMENT
THIS AGREEMENT made and entered into this ___ day of March 2007 by and between
Deerhaven LLC, hereinafter referred to as “Landlord,” and __________, hereinafter referred to as
“Tenant.”
WITNESSETH: The landlord hereby leases to the tenant the following premises:
the unfurnished 2
BR ground-floor apartment located at 164 Pine St., Corning, NY 14830, known as “Apt 101” or
“164.101 Pine St.” commencing at noon on April 15, 2007 and ending at noon on October 15, 2007 to be
used as a dwelling unit only, subject to the following terms and conditions.
1. RENT AND SECURITY DEPOSIT. The tenant agrees to pay rent to the landlord in the amount of
Four Thousand Two Hundred ($4,200) for the lease term, each monthly installment being $800, with the
first and last monthly amount payable in advance prior to move-in. A late charge in the amount of $20 will
be levied on any rent paid late by more than (3) business days. A $30 fee will be charged on all checks
returned to the landlord for insufficient funds to cover bank fees of $15 and $15 administrative costs. The
above monthly rate includes water and sewer, but excludes electric, gas, cable, and telephone which are the
tenant’s responsibility. Wireless internet access should be available free-of-charge.
A security deposit of $800 is due on signing of the lease.
In no event shall the security deposit be used as any month’s rent by the tenant. After the termination
of the tenancy or surrender of the premises, whichever occurs later, the Landlord/Agent shall return to the
Tenant the security deposit within (30) days, if all keys are returned, forwarding address is left with the
Landlord/Agent. Both the Landlord and Tenant shall comply with applicable laws and regulations
concerning security deposit arrangements.
2. ENERGY USE.
Given the negative impacts on global warming on many of the earth’s ecosystems and in turn on the
communities that rely on them, and given the possibility of further increases in the price of natural gas, the
Landlord has in April 2006 upgraded the furnace in the building from one operating at about 55% efficiency
to one operating in the 80-84% efficiency range. In addition, insulation is being added in the attic space to
raise the R-value from about R-10 to about R-50. Storm windows are being tightened up as well.
As the existing steam heat system involves only one zone for all four apartments, one programmable
thermostat will likely be located in the upper stairway. The objective will be to program this thermostat to
provide temperatures in all four apartments during the heating season that are more-or-less ideal for all four
apartments. Use of on-off valves at individual radiators will provide an additional means of adjustment. If
all tenants agree, the thermostat will be programmed to reduce the temperature during sleeping hours. And,
similarly, if all tenants are planning to be absent during the day during workdays, a day-time set-back might
be programmed with each tenant having the ability to override this setback in the event they wish full heat.
3.
MAINTENANCE AND CONDITION OF PREMISES. Tenant shall take good care of the
premises and shall at the end or other expiration of the term deliver up the premises in good order
and condition.
Without in any way limiting the general obligation expressed above, it is agreed:
(a) Tenant accepts the premises in the present condition at the time of commencement of this lease
and landlord shall not be obligated to make any changes thereto, except as required by applicable
law and major structural repairs necessary to keep the premises in habitable condition and not
caused by tenant’s neglect or violation of this lease.
(b) Tenant agrees to keep all furnishings, appliances, and equipment that were on the premises at the
beginning of the term in good condition and to leave the same in as good condition as on move-in,
reasonable wear and tear excepted. Tenant shall be responsible to the landlord for the cost of repairs
to walls; floors or flooring; doors, ceilings; lighting; plumbing, clogged drains, cooking appliances and
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electrical items, or related piping, wiring, fire alarms, or fixtures; whenever damage or injury to same
shall have resulted from misuse or neglect of any kind. At no time will the tenant place holes in the
walls other than permanent picture hangers to hang any object and will not use tape of any kind. Poster
putty will not be used at anytime.
(d) Before any alteration, improvement or addition including painting walls, or wallpapering may be
made in or to said premises, a written request must be submitted to and approved in writing by the
Landlord. Any such alteration, improvement or addition shall become a permanent part of the premises
unless otherwise stipulated in writing signed by the landlord.
(e) Tenant will keep the premises in a clean, and healthy condition, will comply with all applicable
government regulations and ordinances, and will not store or keep personal property of any sort in
common areas or outside the leased premises. Landlord will supply light bulbs and/or tubes of
prescribed wattage for light fixtures and appliances in the leased premises before tenant moves in.
Thereafter, Tenant shall replace, install and pay for all light bulbs and/or tubes of the prescribed size
and wattage for fixtures and appliances in the leased premises at Tenants sole expense.
(f) If the premises are not left by the tenant in the same condition as they existed at the start of the lease
term, then the landlord may enforce all of its legal rights, including, but not limited to, using the
security deposit to pay the cost of correcting the condition including the cost of professional cleaning
and/or painting if needed and additional money for hauling and landfill fees for garbage and debris left
at premises by tenant.
e) John Wetzel in Apartment 1 is acting as the superintendent for the building. Mechanical problems
should be brought to his attention: (***) ***-****. In his absence, or for more serious mechanical
problems, please call, Joe King, home: (***) ***-**** cell: (***) ***-****.
4. deleted
5. VEHICLES. An on-premises parking spot may be rented, subject to availability for an additional
$20/month fee.
6. UTILITIES & SERVICES. Tenant agrees that he/she will pay for telephone, television cable, electric,
gas, garbage pickup and all other expenses associated with their use herein. Landlord will pay for lawn care,
for snow removal, for cleaning of public areas, and for repairs not caused by tenant’s neglect. In the event
that an apartment becomes vacant during the heating season, the landlord will pay for that apartment’s
portion of the heating bill. Gas heating costs for the building will be prorated to each tenant based on the
square footage of each apartment, with Apartment 101’s portion being 28%. As it is not possible at this time
to measure gas used by each cooking stove, cooking gas usage will be assumed to be more or less equal in
each apartment.
7. LIABILITY. Tenant shall be liable for the full amount of any damages caused to the leased premises
because of any act or fault of tenant, his/her guests, visitors, visitor’s pets, or invitees, or caused by any
violation of this lease by tenant, and tenant hereby agrees to hold landlord harmless and indemnifies
landlord for same. No Barbecue will be used in/on or near the building - all barbecues must be placed
outdoors at least 15 feet away from the building when in use.
8. LANDLORD’S RIGHT OF INSPECTION. Landlord and/or his/her designated agent and/or
contractors may enter the premises at all reasonable hours for the purpose of examining the premises and
for making repairs or alterations therein as may be necessary for the safety and preservation of the premises.
Reasonable notice will be given by telephone or email prior to entry the day before, unless there is an
emergency and tenants cannot be located.
Landlord and/or his/her agent may also enter said premises at all reasonable hours for the purpose of
showing the premises to persons who may wish to purchase or lease same, and landlord may also place
notices in the front of the premises offering said premises for lease or sale and tenant agrees to permit same
thereon without hindrance or molestation. Reasonable notice will be given by telephone prior to entry the
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day before, unless there is an emergency and tenants cannot be located. Upon such notice tenant will place
leased premises in show condition.
9. QUIET ENJOYMENT. If and so long as tenant pays the rent and performs and observes the covenants
and provisions hereof, tenant shall quietly enjoy the premises.
10. deleted
11. INSURANCE. The tenant shall protect his/her interest in any personal effects or other personal
property owned by the tenant that is on the premises against loss by any cause covered by tenant’s
comprehensive insurance policy by carrying at his/her expense such insurance policy, and the landlord
shall not be liable in any way for any damage caused to any of tenant’s personal property and effects for
any reason or cause. If tenant fails to obtain such insurance, he/she hereby agrees to absorb all losses of
personal property without recourse to landlord. Read and accepted by tenant:
_____________________________________
12. NO WAIVER. The failure of landlord to insist on the strict conditions of the lease other terms thereof,
shall not be deemed a waiver of any rights or remedies that landlord may have.
13. DEFAULT. In the event that tenant and/or guarantor shall default in the performance of any term of
this Lease or in any payment of rent (a default in payment of rent shall occur whenever the entire amount of
rent owed is not paid within fifteen (15) days of the date it is due), in addition to all other remedies
available to landlord under the law, landlord shall have the right to enter the premises without notice and
shall have the right to release or assign the premises for the whole or any part of the remainder of the term.
If any legal action or representation is required for the recovery of the possession of said premises, or to
compel the performance of anything agreed to be done by tenant and/or guarantor, or to recover damages to
said property, or to enjoin any act contrary to the provision hereof, tenant and/or guarantor will pay to
landlord all the costs and expenses in connection therewith, including court costs and reasonable attorney
fees, provided the landlord is the prevailing party in such action. Further, if tenant and/or guarantor shall
default in any covenant or condition of this lease, landlord, on (3) days’ notice, either served personally or
left conspicuously on the premises, may elect to terminate the lease, but notwithstanding such termination
landlord may sue for any damages occurring to the landlord. Such termination will not relieve tenant and/or
guarantor
of obligation to pay rent due for full balance of lease term less rent received when house
is re-rented.
14. BINDING EFFECT. The covenants and agreements of this lease shall be binding upon the parties
hereto, their respective successors and/or heirs and/or assigns.
15. KEYS AND LOCKS. Landlord shall furnish tenant with keys to the premises. Tenant shall not change
locks or install additional locks, and shall return all keys to landlord upon lease expiration. Should tenant
lock themselves out tenant must call a locksmith if it is after hours, during normal business hours the tenant
may contact the Property Management Company to pick up a key and must return the key immediately,
failure to do so will result in locks being changed at tenants expense.
16. NOTICE. Any notice required by this lease shall be deemed properly served to the individual to be
served if it is personally served on or delivered to him/her, or if it is mailed to him/her at the address recited
in this lease by certified or registered mail.
17. NO SMOKING. The entire building including the front and rear porches and the patio are no smoking
areas. Smoking is permissible on the front sidewalk or the back yard in good weather and on the rear porch
in cold or inclement weather with the proviso that smokers take care to stub out all cigarette butts and
carefully dispose of them in a trash container. As cigarette smoke indoors is known to leave a smell
adhering to wall, ceiling, and other surfaces, violation of this indoor smoking ban could result in a
significant charge against the security deposit.
18. PETS OR ANIMALS ON THE PREMISES. The Tenant covenants and agrees that no animals,
including dogs, cats, birds, or any other pets or animals will be kept in, on, or about the premises or the
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building or common areas of which the leased premises forms a part without consent of the Landlord for
each and every animal.
19. LEASE RENEWAL. This lease will terminate on the date agreed upon and written in the lease. Any
tenants remaining in the leased premises or otherwise maintaining control and use of the leased premises
beyond the last day of an expired lease will be charged liquidated damages in the amount of $100 a day that
they remain in possession or control of the leased premises in addition to any other damages or obligations
to which the Landlord would be entitled under the provisions of this lease or applicable law.
IN WITNESS WHEREOF the parties have set their hand on the date opposite their signature.
Date:
Tenant
Date:
Deerhaven LLC
Cell: 607-227-5172
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Landlord