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Form #1150Apartments-Unfurnished 2
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on this site. If you do not agree to the above terms, please do not proceed.
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Apartments—Unfurnished.
This lease made _________[year], between
_________, as landlord, and _________ and _________, jointly and severally, as
tenants, witnesses.
Landlord lets and tenants take the premises designated
as _________, in city of _________, state of _________, to be used and occupied
as a strictly private dwelling apartment by tenants and their family, and not
otherwise, as set forth in application for apartment lease, for the term of
_________ to commence on _________[year], and to end _________[year],
unless sooner terminated as provided herein, at annual rent of $_____ payable
in equal monthly instalments in advance on first day of each and every calendar
month during the term, except that rent for first full month or from
commencement of term to end of first calendar month shall be payable on execution
of this lease by tenants.
The tenants agree:
1. To pay the rent, as above provided, at the office
of landlord in _________, city of _________, state of _________.
2. To not use premises or any part thereof, or allow
the same to be used, for any purposes other than as a private dwelling
apartment, nor by any person other than tenants and family of tenants as set
forth in application for apartment lease nor by more than _________ persons.
Tenants shall not sell, assign, or transfer this lease, or underlet premises or
any part thereof. Any sale, assignment, transfer, or underletting of this lease
without previous written consent of landlord shall be void. If landlord
consents to an assignment hereof, no further assignment shall be made without
express consent, in writing, of landlord. The character of occupancy of
premises, as above restricted, is an especial consideration and inducement for
granting of this lease, and in event of violation by tenants of restriction
against subletting or assignment, or if tenants shall cease to occupy
apartment, or shall permit same to be occupied by parties other than as
aforesaid, or violate any other restriction or condition hereby imposed, this
lease may, at option of landlord or agent or assigns of landlord, be terminated
in the manner provided in clause six.
3. Throughout the term tenants shall take good care of
premises, its appurtenances, fixtures, and equipment; shall not drill into,
disfigure, or deface any part of buildings, grounds, or any other part or
portion of development, or allow same to be done. As and when needed, landlord
shall repair premises, its appurtenances, fixtures, and equipment where
rendered necessary by misuse or neglect of tenants, their family, servants,
employees or agents. The cost thereof shall be determined on statements
rendered by landlord to tenants and the sum so determined shall be payable to
landlord on delivery of such statement; and if same shall not be paid by
tenants within 10 days thereafter, the sum shall become so much additional
rent, payable on demand with any instalment of rent thereafter becoming due,
and collectible as such. On ending of term in any manner, tenants shall quit
and surrender premises in as good order and condition as they were at beginning
of term, reasonable wear and tear excepted. If premises be not so surrendered
at any ending of term, tenants shall be responsible to landlord for all of
damage which landlord shall suffer by reason thereof, and further will
indemnify landlord against all claims made by any succeeding tenants against
landlord, resulting from delay by landlord in delivering possession of premises
to such succeeding tenants, so far as such delay is occasioned by failure of
tenants so to surrender the premises.
4. Tenants shall comply with all laws, ordinances,
governmental regulations and with regulations of board of fire underwriters
applicable to premises. Tenants shall not do anything or allow anything to be
done on premises which will increase rate of fire insurance of building.
Tenants shall observe and comply with, and tenants agree that all persons
dwelling in or visiting in premises shall observe and comply with, rules and
regulations printed on the back hereof, and such other and further rules and
regulations as landlord may from time to time deem needful and prescribe for
the safety, care, and cleanliness of the building, and the preservation of good
order therein, as well as comfort, quiet, and convenience of other occupants of
development.
5. If
premises shall be partially damaged by fire, repairs shall be made by landlord
as speedily as conveniently possible; and in case damage shall be so extensive
as to render premises untenantable, rent shall cease until such
time as premises shall have been put in repair; but in
event of substantially total destruction of building of which premises form a
part, by fire or otherwise, or in case damage to premises shall be so extensive
that they cannot, in opinion of landlord, be repaired within 90 days, or if
landlord shall decide to rebuild, then rent shall be paid only up to time of
such destruction or damage, and all interest of tenants in premises shall
terminate, and this lease shall become void from such time. In event that any
question shall arise between landlord and tenants as to whether or not repairs
shall have been made with reasonable dispatch, due allowance shall be made for
any delay which may arise in connection with adjustment of fire insurance loss,
and for any delay arising out of what are commonly known as "labor
troubles," or any other cause beyond landlord's control.
6. If default be made by tenants in the payment of
rent or in the observance, payment or performance of any of the other
provisions, terms or conditions of this lease, or if any conduct of tenants or
occupants of premises shall be objectionable, landlord may, at its option,
immediately reenter and take possession of premises and whole thereof without
notice and may remove from premises all persons and property, using all
necessary force so to do, tenants hereby waiving any and all claim of any kind
which tenants might have against landlord for damages on account thereof, and
should landlord elect to terminate lease for above reasons, or in any other
way, tenants agree to immediately surrender and deliver up possession of
premises to landlord and if tenants remain in possession one day after
termination of this lease, tenants shall be guilty of forcible detention of
premises and subject to all conditions and provisions above named, and to
eviction and removal, forcible or otherwise, at any time thereafter, with or
without process of law. Should tenants be in default or abandon premises and
landlord elect to terminate the lease, landlord shall be entitled to recover
from tenants and tenants shall be liable to landlord for difference between
stipulated rental provided for herein for balance of term and the then fair and
reasonable rental value of premises for same period. Recovery may be obtained
under this provision immediately on the happening of such occurrence, or monthly,
or as often as landlord may demand.
If tenants shall abandon or vacate premises, same may
be relet by landlord for such rent, and on such terms as landlord may see fit,
and such reletting by landlord shall in no wise affect liability of tenants
hereunder, and a sufficient sum shall not be thus realized, after paying
expenses of such reletting and collecting, to satisfy the rent hereby reserved,
tenants agree to satisfy and pay all deficiency on demand. Failure of tenants
to be present in premises for a period of 30 consecutive days may be treated by
landlord as an abandonment. Any occupancy of premises, for any period, contrary
to provisions of this lease, shall be deemed "abandonment" under
provisions of this clause sixth and shall be deemed a default for which
landlord shall have same rights as for any other default and, in addition, the
rights set forth in this clause sixth. Should tenants vacate or abandon
premises, landlord shall have right to enter into and on premises, using all
necessary force so to do, and may at its option, terminate lease. Tenants
expressly release landlord of and from any and all claims and liability for
damages or loss to property left by tenants on premises on vacating, abandoning
or on termination of lease, which tenants might or may have against landlord,
and tenants agree to hold and save landlord harmless of and from any and all
claims with respect thereto.
All of foregoing remedies are cumulative, and are
given without impairing any rights or remedies of landlord, whether the rights
or remedies are herein referred to or not, and tenants agree that they shall
and will pay and discharge all costs, expenses and attorney's fees incurred by
landlord in connection with enforcing obligations of tenants under this lease,
including payment of rental, recovery of possession or enjoining of any act of
tenants contrary to provisions of this lease or enforcing the rights of
landlord in and to premises.
7. The failure of landlord to insist in one or more
instances upon a strict performance of any of the agreements of this lease, or
to exercise any option herein contained, shall not be construed as a waiver or
relinquishment for the future of such agreement or option, but same shall
continue and remain in full force and effect. No waiver by landlord of any
provision hereof shall be deemed to have been made unless expressed in writing
and signed by landlord.
8. Any
notice of landlord to tenants shall be deemed to be duly given, if in writing,
and delivered personally to either one of tenants or mailed and deposited in
any general or branch post office or postbox, enclosed in a postpaid envelope
addressed to either of tenants at building in which premises are situated. Any
notice by tenants to landlord shall be deemed to be duly given, if in writing,
and delivered personally to either landlord or to agent of
landlord charged with renting and management of
building in which premises are situated, or mailed and deposited in any general
or branch post office, enclosed in a postpaid envelope addressed to landlord or
its agent at its office in city of _________, state of _________.
9. No diminution or abatement of rent or other
compensation shall be claimed or allowed for inconvenience or discomfort
arising from repairs or improvements made to buildings or its appliances, nor
for any space taken to comply with any law, or ordinance or order of
governmental authority. In respect to the various "services"
(including those defined in clause 22) herein agreed to be furnished by
landlord to tenants, there shall be no diminution or abatement of rent or any
other compensation for interruption or curtailment of such "services"
when such interruption or curtailment shall be due to accidents, alterations,
or repairs desirable or necessary to be made, or to inability or difficulty in
securing supplies or labor for maintenance of such "service," or to
some other cause, unless such interruption or curtailment shall have been
caused by negligence on part of landlord, or shall continue beyond a reasonable
time following due notice to landlord of existence of such curtailment or
interruption. Landlord shall not be required to furnish and tenants shall not
be entitled to receive any such "services" during any period wherein
tenants shall be in default in respect to payment of rent.
10. During three months prior to expiration of term
hereby granted, applicants for lease of premises shall be admitted at all
reasonable hours of day to view premises; and landlord and landlord's agent
shall be permitted at any time during term to visit and examine premises at any
reasonable hour during day, and workmen may enter at any time, when authorized
by landlord or landlord's agent, to make or facilitate repairs in any part of
building whenever same shall become necessary; and if tenants shall not be
personally present to open and permit entry into premises at any time when for
any reason an entry therein shall be necessary or permissible hereunder,
landlord or landlord's agent may forcibly enter same without rendering landlord
or such agent liable to any claim or cause of action for damages by reason
thereof (if during such entry landlord shall accord reasonable care to tenant's
property) and without in any manner affecting obligations of this lease. In
event that at any time before expiration of term hereby granted tenants shall
cease to occupy premises, and shall remove substantially all of their furniture
therefrom, landlord shall have the right to enter on premises for purpose of
cleaning and redecorating same; and exercise of such right by landlord shall in
no way affect or modify obligations of tenants under this lease for remainder
of term thereof.
11. Landlord has made no representations or promises
in respect to building or to premises except those contained herein, and those,
if any, contained in some written communication to tenants, signed by landlord
or its agent.
12. If tenants shall, before date above fixed for
commencement of term hereof, default in performance of any agreement by tenants
contained in any other lease or letting by landlord to tenants, then, at option
of landlord, this lease shall not go into effect, and tenants shall not be
entitled to possession hereunder.
13. If landlord shall be unable to give possession on
date specified for commencement of term thereof, tenants may, at any time
within 30 days after such specified date, notify landlord of their election to
terminate this lease. Such notice shall be given in writing, addressed to
landlord, signed by one of tenants, and on receipt of such notice, this lease, and
all rights and obligations hereunder, shall cease, and tenants shall be
entitled to receive back from landlord all sums of money paid hereunder.
If no such notice is given, obligation of tenants
shall continue and they shall take possession of premises as soon as premises
are tendered by landlord to tenants, provided, however, that tenants may not
take possession of premises until same are tendered by landlord and provided
further that rent herein reserved by landlord shall not commence until such possession
is tendered. But no failure to give possession on date of commencement of term
shall extend, or be deemed to extend, term of this lease, nor shall landlord be
subject to any liability for failure to give possession on that date. Should
tenants take possession of premises before premises or building or development
of which they form part are completed, there shall be no diminution or
abatement of rent by reason of any such incomplete condition.
14. If a master antenna system shall be provided,
landlord shall have the right to disconnect the lead-in and the ground
connection to tenant's apparatus outlet of master antenna system, when, in
landlord's opinion such tenant's apparatus interferes with proper operation of
master antenna system.
15. Landlord shall not be liable for any damage or
injury sustained by tenants or family members or occupants of tenants'
apartment in use of playground or recreational facilities of landlord, unless
such damage or injury shall have been caused by negligence of landlord. Landlord
shall not be liable for presence of bugs, vermin, or insects, if any, in the
premises nor shall their presence in any way affect this lease, unless landlord
shall fail to furnish a regular and efficient exterminating service throughout
term of this lease. Landlord shall not be liable for any failure of water
supply or electric current or any other condition arising out of any cause or
causes outside of the control of landlord, but shall use due diligence in
bringing about restoration of such water supply or electric current or
elimination of such condition in such event.
16. Should land whereon premises are situated, or any
part thereof, be condemned for public use, on taking of same for such public
use, this lease, at option of landlord, shall be deemed null and void, and term
shall cease and come to an end, anything herein contained to contrary
notwithstanding.
17. This lease shall be deemed to be and shall be
extended and renewed by and against the parties hereto on expiration of each
term for same term and at same rental, without any deduction or concession, and
on all terms and conditions and agreements herein contained, without necessity
of a new instrument unless either party, on or before 45 days next preceding
termination of any term, shall give to the other notice in writing that this
agreement will not be extended. This provision is intended to give to landlord
reasonable time to lease premises from expiration date, should tenants give
such notice, and to give tenants reasonable time to make satisfactory
arrangements, should landlord give such notice.
18. In the event tenants shall in their application
for apartment lease, or, as the case may be, in application for apartment lease
renewal, make any substantial misrepresentation, landlord may treat same as a
violation of this lease, and the remedies provided under the terms of clause 6
hereof shall become and be applicable thereto.
19. Upon notice in accordance with clause 8 hereof to
be received by landlord on or before tenth day of any calendar month of demised
term, tenant shall have right to terminate this lease provided that, at least
seven days (Saturdays, Sundays, and legal holidays excluded) before end of the
month, tenants shall surrender and vacate premises and return all keys relating
thereto and, further, shall pay to landlord, at time of giving such notice, as
consideration for privilege of such termination of this lease, the base sum of
$_____ covering expenses incurred in reletting (including but not limited to
brokerage, clerical work, and cleaning), and before vacating, tenant shall pay
landlord's standard redecorating charges (according to number of rooms in
premises) promulgated or established from time to time as landlord deems
necessary, and prorated according to unexpired portion of demised term plus any
and all charges for damage to premises or its equipment, normal wear and tear
excepted; provided further, nevertheless, that during remainder of period
during which lease was to run according to its provisions, and while premises
remain unrented tenant shall pay to landlord an amount equivalent to rental
provided for in lease; and provided further, that nothing contained herein
shall render landlord liable for any delay in, or failure of, rerental, and on
failure of tenants to conform to requirements of this clause, landlord may deal
with premises in accordance with the applicable provisions, including clause 6
of this lease. If, after having given notice of intention to terminate, tenant
shall fail to terminate this lease as provided in this clause, landlord shall
retain base sum paid of $_____ as liquidated damages for its clerical, office
and other expenses incurred by reason of such notice.
20. If, prior to expiration of term of this lease, any
tenant should die, then, notwithstanding anything to contrary contained herein,
this lease may be terminated by surviving tenant or tenants or by legal
representative of deceased tenant (whether or not there be a surviving tenant
or tenants) in manner and upon the following conditions:
Such
surviving tenant or such legal representative (a) prior to tenth day of any
calendar month shall serve notice on landlord of termination of this lease at
expiration of such calendar month and concurrently shall pay all rent due or to
become due prior to such termination, and (b) at least seven days (Saturdays,
Sundays and legal holidays excluded) before end of such month shall surrender
and vacate premises, shall return all keys
thereto other than those in landlord's possession,
shall pay to landlord all of its claims for damages to premises and landlord's
equipment therein (ordinary wear and tear excepted) and shall pay to landlord
the landlord's redecorating charges for premises (according to the schedule of
such charges then in effect) prorated according to unexpired term of lease.
Landlord agrees:
21. Landlord shall make, as and when needed, and at
its own expense, all repairs in and about premises, and to its fixtures,
appurtenances, and equipment, provided that such repairs have not been rendered
necessary by misuse or neglect of tenants, their family, servants, employees,
or agents.
22. Landlord covenants that if and as long as tenants
pay the rent and perform and observe all of the agreements and provisions
hereof, tenants shall quietly enjoy demised premises.
23. Subject to the provisions of clause 9, above,
landlord shall furnish the following services during reasonable hours:
(a). Hot and cold water in reasonable quantities. (b)
Heat during the cold season in each year. (c) Gas in reasonable quantities.
24. Tenants understand and agree that (if there are
more than one on lease) the act or notice of, or to, or signature of, any one
or more of them, in relation to tenancy or on renewal thereof, shall be binding
on each and all of tenants signing this lease with the same force and effect as
if each and all of them had acted, signed, or given or received such notice.
25. If storerooms are provided by landlord in
development in which leased premises are located but outside of leased premises
for storage of effects of tenants, such storerooms are furnished on express
stipulation that landlord shall not be liable for any loss of or damage or
injury to property stored therein. Tenants fully release landlord from all
liability for any such loss, damage or injury. Tenants hereby declare that
value of each suitcase, trunk, box, package or other article so stored,
together with contents, does not exceed in value the sum of $_____ and that
landlord's liability, in any event, shall be limited to that sum should it be
determined that such property was stored by landlord for a consideration unless
tenants declare in writing in this lease the value of any such items of a
greater value than said $_____ and pay additional rental or consideration in an
amount to be fixed by landlord for such storage. At any time after tenant has
been absent from premises for 30 days and whether or not this lease has been
terminated or, in the alternative, at any time after this lease has been
terminated, landlord shall have right to store in a public warehouse in
tenant's name and at tenant's expense any effects of tenant held by landlord in
any such storeroom or left by tenant in premises.
26. As part of consideration moving landlord to
execute this lease, tenant has paid to landlord concurrently with execution of
this lease the sum of $_____, receipt of which is hereby acknowledged by
landlord. If, upon termination of this lease, tenant is not in default
hereunder and when tenant has fully kept and performed agreements of tenant
herein contained, then on such termination and surrender of premises and keys
thereto to landlord, landlord will pay to tenant the sum of $_____.
Except as herein provided, landlord shall not be
liable to tenants for any damages or other consideration on termination of this
lease.
In witness whereof the landlord and tenants have
respectively executed this lease as of the day and year first above written.
[Signatures of landlord and tenants]
Rules and Regulations
1. The public halls, entrances, elevators, sidewalks,
stairways, patios, and sheltered parking areas shall not be obstructed nor used
for children's play or for any other purpose than for ingress to and egress
from the apartments; nor shall children be permitted to congregate or play on
steps or at entranceways to buildings or on planted areas, except in
playgrounds provided for that purpose. Children are expressly forbidden to play
in garages or garage shelter areas.
2. Outdoor furniture may be placed only on tenants'
individual paved areas. Planted areas may not be used for recreation or games
of any kind. Tenants are to use recreational area for such purposes. There
shall be no outdoor cooking or use of outdoor barbecue stoves. No wading pools
or sandboxes will be permitted on patios or lawn areas.
3. Tenants shall not make or permit any disturbing
noises in the buildings by themselves, their family, friends or servants; nor
do nor permit anything to be done by such persons that will interfere with the
rights, comforts or convenience of other tenants. Tenants shall not play upon,
or suffer to be played upon, any musical instrument, or operate a phonograph,
television, or a radio loudspeaker, in the demised premises in such manner as
may disturb or annoy other occupants of the buildings. Tenants shall have rugs
or carpeting on all floors, sufficient in the opinion of the landlord to avoid
noise disturbance to neighboring tenants.
4. Tenants and their servants are expressly forbidden
to sweep or throw anything out of the windows or doors, or into the halls,
stairways, elevators, or to obstruct the window sills in any way.
5. No baby carriages, velocipedes, or bicycles or
other like paraphernalia shall be allowed in the elevators, or to remain in the
passageways, hallways, courts, or patios of the buildings. They are to be
placed in bicycle room provided therefor. No garbage can, kitchen supplies, or
other articles shall be placed or left on the landings or in the hallways.
6. The toilets, basins, and other plumbing fixtures
shall not be used for any purpose other than those for which they were
designed, nor shall any sweepings, rubbish, rags, or any other improper
articles be thrown into the same. Any damage resulting from misuse of such
facilities shall be paid by the tenants of the damaged premises.
7. No sign, signal, advertisement, television aerial
or other equipment or illumination shall be inscribed or exposed on or at any
window or other part of the building, except such as shall be approved in
writing by the landlord. Installation of aerial wires on any part of the
buildings is expressly forbidden, except as approved by landlord.
8. No shades, awnings, venetian blinds, or window
guards shall be used, except such as shall be put up or approved by the
landlord.
9. No dogs, cats or other animals, fowls, or reptiles
shall be kept or harbored in the demised premises.
10. In garden units, garbage must be placed in
tenant's garbage receptacle and kept in container supplied for same. Bottles,
cans and combustible materials are to be placed in containers provided for same
in garage areas. In tower buildings, garbage and refuse must be wrapped in
small, tight parcels and thrown into the incinerators. The use of incinerators
is limited to waste materials such as garbage and rubbish. No volatile or
highly inflammable materials shall be thrown into the incinerators.
11. Alteration or replacement of locks or installation
of knockers or other attachments upon any door is forbidden.
12. Running exposed wires for electrical appliances or
fixtures in violation of the building code is prohibited.
13. No furniture, barrels or paper cartons may be
stored in the storage rooms.
14. The landlord shall not be responsible for any
article delivered to or left with any employee.
15. The tenants shall not require, permit, suffer, or
allow any windows in the demised premises to be cleaned from the outside in
violation of any now existing or hereafter enacted law, rule or regulation
governing same.
16. The automatic elevators shall be operated only by
adults. No young children unattended by an adult shall be permitted in such
elevators.
17. Tenants, their family, friends or servants will
obey the parking regulations of public authorities and the landlord on private
and public streets, roads, and drives within the development; and any other
traffic regulations promulgated in the future for the safety, comfort and
convenience of all the tenants.
18. No advertising, pamphlets, free newspapers, or
other free printed matter of any kind shall be permitted to be distributed on
the grounds, to apartments, in entranceways, halls or vestibules except through
the United States mails.
19. The landlord reserves the right to rescind or
change any of the foregoing rules and to make such other rules and regulations
from time to time as may be deemed needful for the safety, care, and
cleanliness of the premises and for securing the comfort and convenience of all
the tenants.
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