This lease is entered into on / /20 (m/d/yr) by and between Charles and Ann Leonard, hereinafter called “landlord” and , hereinafter called “tenant.”
Landlord agrees to lease to tenant for use and occupation solely for use as a private residence for tenant and his/her immediate family, Apt # , Ellis Hollow Rd, Ithaca NY 14850 on the following terms and conditions:
1. Lease commences //20 and expires //20 unless sooner terminated.
2. Rent for this term is $,.00 payable in advance without demand or notice in equal monthly installments of $ .00 on the first of each month during the term of the lease. Payments may be mailed or hand delivered to landlord at: 46 Hammond Hill Rd, RD#2, Freeville, NY 13068
3. A Service Charge of $1.00 per day late will be assessed after the 3rd of the month if rent payment is late, unless other arrangements are made with landlord in advance.
4. Security: Landlord acknowledges receipt from the tenant of $.00 as a deposit which shall not bear interest, need not be kept separately, and will be returned to the tenant within 45 days of the peaceful termination of the full term of this lease and surrender of possession, less the cost of any repairs, rents, or late charges thereafter which have been made necessary by acts of the tenant.
5. Utilities: Tenant agrees to pay all charges for electricity, gas, telephone service, cable rent, and garbage removal when and as they become due.
6. No assignment or sublease of this apartment is permitted without the express written consent of the landlord. A minimum of 90 days notice must be given to landlord of tenant’s intent to vacate. If the lease is voluntarily transferred by the tenant to a new tenant before the term of the lease is expired, there will be a $200.00 transfer fee IF landlord had to advertise and show the apartment to prospective tenants. Original tenant will be required to pay any rent during the period that the apartment is unoccupied before new tenant takes possession.
7. Interruption or failure of service maintained in this apartment building, if due to causes beyond the landlord’s control, shall not entitle the tenant to any claims against the landlord or to any reduction of rent and shall not constitute constructive eviction unless landlord fails to take reasonable measures to restore such service without undue delay.
8. Delay in tendering possession: If landlord is unable to give possession on the commencement date, rent shall abate until possession is given, and the tenant shall pay a prorated amount of rent constituting that fraction of rent commensurate with the remaining number of days left in the month. Tenant waives all damages by reason of landlord’s failure to give possession on the commencement date. Delay tendering possession shall not extend the lease’s termination date.
9. Release of liability: Tenant assumes all risk of any damage to person or property that may occur from act of negligence of any co-tenants, occupants of the building or others, water, fire, hurricane or act of God, or any other cause. The landlord shall make necessary repairs to prevent further damage with reasonable diligence after notice of any accident to or defect in the water pipes, electrical device, or furnace.
10. Fire and casualty: If the premises are damaged by fire or other casualty, the landlord has the right to repair the damages, and the rent will be abated for the period of time as premises remain untenable. If the premises are destroyed or damaged to the point that the landlord deems it unadvisable to repair the same, this lease shall cease and the rent adjusted to the date upon which the damage occurred. Tenant agrees to release landlord from any and all claims for loss, damage, or inconvenience arising from such fire or casualty. Renter’s insurance is strongly recommended but not required.
11. Tenant’s property: If upon termination of this lease or abandonment of the property by tenant, tenant leaves any personal property in the apartment, the landlord has the right, without notice to the tenant, to remove, store or otherwise dispose of the property at tenant’s cost and expense, without being liable to tenant in any respect.
12. Right of Entry: Landlord maintains the right to enter the apartment at any time that is necessary to make needed repairs, whether or not the tenant is home at the time. During the last ninety day of this lease, landlord has the right to enter the apartment at reasonable times to show the apartment to prospective tenants.
13. Possession: taking possession of the apartment by the tenant shall be conclusive evidence that the tenant received the apartment in good condition.
14: Default Clause:
A. If the tenant fails to pay the rent or any other charge required to be paid, a three day notice shall be provided as per the statutes of the State of New York, and the landlord shall have such rights as provided for by such statutes.
B. In the event that any installment of rent is not paid within 15 days of its due date, and the tenant shall not have been physically present in the apartment during such time, it will be conclusively deemed that the apartment has been abandoned. This lease shall expire immediately, and landlord may retake possession in the manner provided by law.
C. If tenant breaches provisions of this lease or any of the rules attached in any other fashion (other than non-payment of rent) the landlord shall provide written notice thereof. If such default is not cured within thirty days, the landlord may give three days written notice of the termination of this lease, and the lease will expire accordingly. Tenant will surrender possession of the apartment to the landlord, and the entire unpaid balance of the rent will accelerate and become immediately due and payable in full, as well as any attorneys’ fees incurred by the Landlord in and about enforcing this and any terms of this lease. Landlord may retain the security deposit and apply it against actual damages sustained by tenant’s default. The retention of the deposit will not be the only remedy to which landlord is entitled to by law.
15. Pets: None at this time. (If in future one is desired, please call us first, and we must approve dogs. See our website All My Thoughts On Dog) A non-refundable deposit of $150.00 must be paid before the animal is permitted on the property. This animal is permitted by written agreement only, upon receiving payment in full of the pet deposit. This is the only pet(s) that are permitted, and substitutions are NOT permitted except by consent of the landlord. “Pet-sitting” or “fostering” for others is not permitted at any time. Tenant shall be responsible for any and all damages incurred by said animal. The landlord is in no way responsible for behavior or damage done to others by tenant’s pet. There are several breeds of dogs we cannot accept due to insurance requirements. These include pit bulls/pit crosses, trained attack dogs, and dogs with a bite history. Other breeds may also be affected as regulations change in the insurance industry.
16. Rules and Regulations: Attached hereto is a list of expectations. Tenant agrees to abide by all current expectations included herein as well as any additional reasonable expectations that may be adopted by the landlord for the general benefit of all the tenants in the building during the term of this lease. Any violation of one or more of these shall be cause for the termination of this lease at the option of the landlord.
17. Quiet enjoyment: In the event that tenant pays the rent as provided for in this lease, and otherwise performs all the covenants and conditions provided herein and referred to, tenant shall have peaceful and quiet enjoyment of all the demised premises for the term of this lease.
18. Subordination: This lease shall always be subordinate to any mortgage now or hereafter placed against the property in which the apartment is located, and the tenant agrees to execute such documents as are necessary to complete such subordination, or in lieu thereof, the tenant appoint landlord as tenant’s agent irrevocably to execute such documents as are necessary to complete such subordination.
In Witness whereof the landlord and tenant have executed this lease the day and year first above written: