SAMPLE
LEASE AGREEMENT
Amshrew Associates, owner of the premises at and known
as Brandywine Apartments, Brandywine Drive, Amherst, Massachusetts,
and managed by Snow Asset Management, 287 Hunting Ridge
Road, Stamford CT 06903, (203) 322-7170, and locally represented
by agent at 16G Brandywine Drive, Amherst, Massachusetts,
Ph. # 413-549-0600 (emergency maintenance pH # 413-549-6020),
hereby leases and demises to the undersigned Lessee(s)
the premises known as number____ Brandywine Drive, Amherst,
Massachusetts, upon the following terms and conditions:
1A.
TERM AND RENT: Commences upon payment and clearing of
all checks required for first month's rent and security
deposit, if required, and delivery of the premises on
or after _____________________ and ends at 12:00 o'clock
noon on ______________________ for a term of ________________.
The total rent due is _____________________ plus any costs
or payments required to be paid by Lessee under this lease;
payable in monthly installments of ______________ plus
monthly costs accrued which payments are due on the first
day of each and every month of said term. Costs or other
payments required under this lease are considered to be
part of your rent. Payments made to Lessor when costs
or other payments required by this lease are outstanding
shall be accredited to those outstanding costs with any
remainder then accredited to the monthly installment amount
specified above. Any payment not received from a Lessee
shall only be accepted, if at all, on behalf of the Lessees
and shall not constitute any relationship or tenancy with
said party. In the event any amount payable by Lessee
is not received by Lessor within thirty days of the due
date, then Lessor may assess a late fee in the amount
of 5% of such late or defaulted payment. Lessor may assess
an administrative fee of $25 for any check returned to
Lessor for insufficient funds.
1B.
JOINT AND SEVERAL LIABILITY: All obligations of the Lessees
are joint and several and may not be waived or apportioned
except by written assent of the Lessor. Lessor may recover
any outstanding rent, use and occupancy, damages or other
monies owed as a result of the tenancy from any one or
all Lessees at Lessor's sole option.
2.
SECURITY DEPOSIT, LAST MONTH'S RENT AND GUARANTOR: The
forms relating to Security Deposit, if any, are attached
hereto and incorporated herein by reference. A guarantor
form (co-signer form), if required, is attached hereto
and incorporated herein by reference. Security Deposits
and Last Month's Rent, when applicable and money remaining,
shall be returned to all Lessees in the form of one check
made out to all Lessees and tendered to Lessees designated
agent. If Lessees do not designate only one individual
to receive the security deposit return, Lessor may tender
any such security deposit to any of the Lessees at Lessor's
sole discretion.
3.
INSPECTION, DAMAGE and REPAIRS: A separate written statement
of the condition of the premises has been issued to the
Lessee(s) and is incorporated herein by this reference.
The Lessee(s) agree(s) to be responsible for any damage
caused to the premises by the Lessee(s) or by any person
under the control of the Lessee(s) or any person on the
premises with the consent of the Lessee(s), reasonable
wear and tear excluded. The Lessee(s) agree(s) to be responsible
for the maintenance of heat to prevent frozen pipes, which
during the heating season shall mean maintaining a minimum
heat in the unit of 50 F degrees, and any damage caused
thereby. The Lessor shall have the right to enter and
inspect the premises and to make repairs or necessary
improvements and to show the premises to prospective tenants
or purchasers. The Lessor or its representative shall
arrange for access with the Lessee(s) in advance so as
not to unreasonably disturb the Lessee(s), however, Lessee(s)
must make all reasonable accommodations to allow Lessor
to perform repairs and maintenance. In emergencies and
to effect urgent repairs, advance notice shall not be
required.
Lessor shall have the right to enter and show the premises
to prospective purchasers at any time during the lease
term or to prospective tenants during the last 90 days
of the lease term or if Lessee(s) are in default of any
provision of this lease. Lessor or lessor's representative
shall give Lessee(s) reasonable notice prior to showing
the premises; 24 hours notice shall be deemed reasonable
notice unless Lessee(s) assents to another reasonable
time to show the leased premises within that period. Failure
of Lessee(s) to allow access for any of the above stated
reasons shall constitute fully and substantial grounds
to terminate the Lease upon (7) seven days notice.
In addition, Lessor shall be entitled to access upon twenty-four
(24) hours notice to Lessee to perform necessary or prophylactic
exterminations or maintenance.
4.
LESSEE OBLIGATIONS: The Lessee(s) jointly and severally
agree(s):
A. To pay the rent on time, on or before the 1st day of
the month, and to use the premises as a residence and
not a business in compliance with all applicable laws
and codes;
B. To maintain the premises and common areas in a clean,
neat and undamaged condition at all times, and to pay
for damage caused to the premises and its common areas
within five (5) days of receipt of the itemized statement
of such damage and the cost to repair it. Damages caused
by Lessee(s), Lessee's family or their guests to the premises
or common areas may constitute sufficient grounds to terminate
the tenancy at the sole option of the Lessor;
C. To be liable for any loss or damage to personal property
of the Lessee(s) except if caused by Lessor's gross negligence;
Lessee shall carry adequate insurance to cover all losses
or damage to Lessee's personal property;
D. To keep the yard and common areas in a neat and safe
condition, and to furnish and pay for
|
tenant
obligation:
heat:_____
electricity:__X__
gas:_____
water and sewer: _____
telephone:__X__
|
landlord
obligation:
__X__
_____
__X__
__X__
_____
|
and
to pay all costs associated with said tenant obligations;
to place garbage and refuse in containers and to prevent
any unsanitary conditions from arising on the premises;
and to abide by all local and state health, sanitary,
recycling and refuse disposal regulations; Lessee is to
be responsible for all fines or damages to Lessor as a
direct result of Lessee's failure to abide by said regulations.
Lessee's failure after warning to conform to refuse collection
or mandatory recycling regulations of the town or state,
upon second or subsequent violation, shall constitute
good and sufficient grounds to terminate lease.
E. To give prompt notice to the Lessor of any maintenance
or repairs in writing or by telephone, and to notify the
Lessor of an absence of more than one (1) week during
the heating season. Any damage that is caused by Lessee(s)'s
failure to timely notify Lessor shall be an expense chargeable
to Lessee(s) as delineated in paragraph 4 (b);
F. To make no alteration, painting application, addition,
repair or improvement in or to the premises without the
prior written permission of the Lessor and also to refrain
from excessive use of nails and to refrain from any use
of tape to suspend or hang any decorative or practical
items;
G. To use all appliances and fixtures provided by the
Lessor in the proper manner and not to add or relocate
any appliances or equipment without the prior written
permission of the Lessor and to prohibit waterbeds, washing
machines, air conditioners, space heaters, burglar alarms
, clothes dryer, television antennas or aerials, shutters,
or similar furnishings from the premises without Lessor's
prior written consent, which may be granted or withheld
at Lessor's sole and absolute discretion, and to be obligated
to notify Lessor of any problem with the smoke detector
(if provided), its maintenance, its condition, and its
operation during the period of this lease. If during the
term of this lease or any extension or any Tenancy-at-Will
that may exist after the term of this Lease, any of the
above items fails to operate or requires repairs or replacement,
Lessor, at Lessors sole and absolute discretion, may repair,
replace or not without any diminution of value or rent
for the premises;
H. To prohibit pets from the premises whether owned by
the Lessee(s) or guests or visitors - ANY animal on the
premises may constitute grounds for eviction of the Lessee(s)
without additional notice; all consequences of any animal
on the premises shall be the responsibility of the Lessee(s)
including carpet cleaning and fumigation if required;
if infestation occurs, Lessee shall be responsible for
costs of cure and any loss of rent for unit or other units
in building;
I. To expressly respect the rights and needs of other
Tenants and neighbors (including Lessor if Lessor is a
neighbor) to the quiet and peaceful enjoyment of their
property, and not to create or allow to be created by
the Lessee(s), members of the Lessee's household, relatives,
guests, invitees or agents, any unlawful, noisy or offensive
use of the leased premises, nor to commit any disturbance
or nuisance, or to obstruct the free use or access of
common areas or to threaten or bother any other Tenant,
neighbor, guest, maintenance worker Lessor or management
personnel. The receipt or observation by the Lessor of
a complaint regarding noisy or offensive conduct or other
violation of this provision during the term hereof shall
constitute sufficient grounds for eviction at the option
of the Lessor;
J. Limit on Gatherings: No gatherings of over 12 people
from the unit or common areas are permitted; Lessor is
not liable for the conduct, actions, transportation to
or from any party or gathering, or damages by the Lessee's
invitees, their guests, whether invited or not to such
gathering; Lessee(s) assumes full and complete responsibility
and liability for all damages to the unit, to the Lessee,
their invitees, or to guests, whether specifically invited
or not;
K. To prohibit the sale of alcoholic beverages, and to
prohibit the use of alcoholic beverages to visitors and
guests not of legal age or intoxicated, and to prohibit
the use and sale of any narcotics or other controlled
substances in the unit, common areas or on the premises
by Lessee(s), Lessee's family or guests (whether specifically
invited or not).
Violations of this section shall immediate terminate the
tenancy pursuant to M.G.L.c 139 § 19 or any other
similar state or federal law. Any such violation shall
terminate the Lessees right to occupy without any notice
to Lessee(s);
L. To prohibit kegs of beer from the units and all common
areas, including hallways; violation of this provision
constitutes a full and complete violation of this lease.
M. To conserve energy and costs shared by all, through
reasonable use of all facilities, common areas and utilities;
N. Storage Area: Property of the Lessee(s) may be placed
in the following storage area____________________, if
available, entirely and exclusively at Lessee's risk.
No storage is allowed in any other areas than those listed
above, this includes attics, basements and outside sheds
or garages, if not specified; the storage area is NOT
included as part of the leased premises and is a convenience
offered when available. No occupancy or living in these
areas is permitted. Any property in the storage area after
the Lessee's occupancy terminates may be treated as abandoned
property, removed and disposed of at Lessee's expense;
Lessor is not liable for any damage caused to Lessee's
property in storage areas, including but not limited to,
damage from water, moisture, dust, heat or sun.
O. Porches, halls, entryways, stairwells, stairways, attics,
cellars or other common areas are NOT storage areas unless
so designated in writing. Storage in these areas is not
permitted. Personal property placed in these areas may
be disposed of at Lessor's option at Lessee's expense;
P. To not trespass or enter upon roof(s) of Leased Premises,
except as means of egress in the event of fire or other
similar emergency. Any entry upon roof(s) by Lessee(s),
Lessee's family or guests is a violation of the lease
and constitutes grounds for eviction;
R.
To remove all personal property at the termination of
the Tenancy; Personal property or furniture may only be
left in the Leased Premises for the next occupants with
the prior written assent of Lessor, and signed approval
of both the present Lessee and subsequent occupant. Any
property left without such signed agreement shall be treated
as abandoned property, the removal of which shall be at
Lessee's expense.
Failure to observe any provisions of this Lease shall
operate to TERMINATE THE RIGHT TO OCCUPY UNDER THIS LEASE
for breach thereof, at the sole option and discretion
of the Lessor (and any waiver of any breach at any time
shall not constitute a waiver of any subsequent breach)
and the Lessor is not required to give notice thereof
to the Lessee(s) except as required by law, and if law
is not specific, fourteen (14) days notice to Lessee(s)
shall be deemed sufficient.
If
this lease is breached by the Lessee(s) and the Lessor
elects to terminate the Lessee(s) right to occupy the
premises as a result of said breach, not withstanding
any entry or re-entry by landlord, whether by summary
proceeding, termination or otherwise, Lessee(s) shall
be liable for all rental obligations that accrue under
this lease if the premises remain vacant, or for the difference
in the rental charges in any new tenancy, until the end
of this Lease term.
5.
LESSOR OBLIGATIONS: The Lessor agrees:
A. to maintain in good and safe working order the electrical,
plumbing, sanitary, heating, and other facilities and
appliances supplied by the Lessor;
B. To maintain and make all repairs within the premises;
C. To collect rents; and
D. To comply with all applicable local and state laws,
codes and rules.
6.
ASSIGNMENT and SUBLETTING: Only with prior written assent
of the Lessor, which assent may be granted or withheld
at Lessor's sole and absolute discretion, may the Lessee(s)
assign or sublet the premises during this lease. All assignees
or sublessees must provide all forms, information and
meet all standards and requirements of an acceptable Lessee
applicant prior to acceptance or occupancy. The Lessor
shall not be required to release any Lessee during the
lease term and acceptance of any sublessee shall not release
Lessee(s) from their contractual obligations under this
lease unless expressly released by Lessor in writing.
Lessor may recover actual costs of up to one half of one
month's rent for such assignment or subletting from the
Lessee(s). No person other than Lessee(s), or Lessee(s)'s
children, are permitted to reside on the premises, nor
shall Lessee's receive mail for or post the names of non-occupants
on the mailbox. Payment of rent by an occupant or stranger
not a party to this Lease Agreement shall not constitute
either an acknowledgment of that person as an occupant
or Lessee. Any money so tendered is accepted solely on
behalf of the named Lessee(s). The Lessee designates all
occupants on the premises as the Agent in Fact of Lessee.
7. AUTOMOBILES: The Lessee(s) may park ______ lawfully
registered, inspected and operational passenger automobiles
in the parking areas which display an appropriate parking
sticker, if applicable to said property. Vehicles violating
this or other posted parking rules or other rules distributed
to Lessees during the lease term or impeding snow removal
or access or parked on the grass , unless permission to
park on grass is given in writing by Lessor, may be towed
at the owner's expense without additional notice. No vehicles
may be repaired or stored on the premises. Parking spaces
are not designated to any specific Lessee or unit unless
so designated in writing by Lessor. Granting the right
to park a vehicle does not warranty Lessee a parking space.
Parking spaces are on a first come first served basis.
8.
RECISION: If the Lessor shall be unable to give Lessee(s)
occupancy of the premises at the commencement of the tenancy
for any reason or if damage by fire or other casualty
renders the premises uninhabitable, then this lease shall
terminate at the election of either party upon written
notice. Lessor shall be under no obligation to make available
to Lessee any apartment other than the apartment specified
in this Lease Agreement.
9.
NOTICE: Notice to the Lessor shall be deemed given if
mailed or delivered to the above address. Notice to the
Lessee(s) shall be deemed given if mailed or delivered
to the Lessee(s) or anyone authorized to be at the address
of the premises. All notices must be in writing. Oral
notices are not effective as notice.
10.
EVICTION AND COLLECTION: All eviction and collection proceedings
shall be in accordance with Massachusetts law. If this
lease is terminated for breach of terms or in the event
of litigation, the prevailing party may recover its costs
and attorney's fees actually incurred. The Lessor is deemed
to be a prevailing party if the Lessor initiates valid
legal action for a breach of any Lease term, and the Lessee(s)
cures such breach prior to a Hearing and then fails to
appear for said Hearing or signs an Agreement that will
be entered as Judgment of the Court admitting liability
for rent owed or a violation of the lease. The Lessee(s)
shall pay all costs associated with the collection of
rent over 30 days past due.
11.
RENEWAL: Lessee(s) shall indicate in writing, no less
than 90 days prior to the end of his lease term, of Lessee's
wish to renew the lease for an additional lease term.
Lessee(s)' indication of Lessee's desire to renew shall
not bind Lessor to renew this lease. Upon Lessee(s)' failure
to sign a new lease as stated above, and/or Lessee fails
to vacate at the end of this lease term, then Lessee shall
be obligated to pay use and occupancy in an amount equal
to the amount for which Lessee(s) has received prior written
notice, which amount may be increased with additional
notices. If no notice is given prior to the end of the
Lease term, then the amount shall be $25 over the last
proposed lease rent. Nothing in this provision shall create
a tenancy at will, nor obligate the Lessor to give Lessee
any additional notice to vacate as Lessee, upon holding
over, is solely a Tenant at Sufferance.
12. CHOICE OF FORUM (Jurisdiction): All disputes, claims
or other court actions concerning the Landlord/Tenant
relationship, including but not limited to claims under
G.L.c. 111 § 127 et seq., G.L.c 186 § 11, 12,
14, 15B, 15F, 18, or G.L.c. 239 § 1 et. seq., must
be only brought in the Northampton District Court, or
Hampshire Superior Court, or any Housing Court established
for Hampshire County. The Lessee specifically acknowledges
that any claim involving the Landlord/Tenant relationship
or the Leased Premises is an action concerning property
located in Hampshire County. Venue of all such claims
must be heard in Hampshire County.
13.
WAIVER OF SUBROGATION: Each party waives any and every
claim which arises or may arise in its favor and against
the other party hereto to anyone claiming through or under
them, by way of subrogating or otherwise, during the term
of this lease agreement and all loss or damage to, any
of its property (whether or not such loss or damage is
caused by fault or negligence of the other party or anyone
form whom said other party may be responsible) which loss
or damage is covered by valid and collectible insurance
policies, to the extent that such loss or damage is recovered
under said insurance policies.
14.
ACTS OR OMISSIONS OF OTHERS AND ACTS OF GOD: The Lessor
and its employees, agents or assigns or any of them shall
not be responsible or liable to the Lessee(s), sublessees,
their guests, invitees or others on the property with
their permission, for any personal injury, loss, or damage
that may be occasioned by or through the acts or omissions
of other Lessee(s), sublessees, tenants, their guests
or invitees, or others on the property with their permission,
or as trespassers. Lessor shall not be liable to Lessee(s)
or Lessee(s)s' guests, invitees, or others for any loss
whatsoever which them may sustain by damage to personal
property or personal injury growing out of any cause or
causes whatsoever, including but not limited to loss suffered
by Acts of God, fire, loss from vermin or bugs, wind,
rain, snow or other elements, except if the negligence
or intentional acts of Lessor or its agents is the proximate
cause of such loss.
15.
RULES AND REGULATIONS: Lessee(s) agree to obey the Rules
and Regulations of Lessor. A current copy of the Rules
and Regulations, if any, are attached hereto. The Rules
and Regulations may be amended by Lessor at any time,
and Lessee shall obey them as so amended.
15.
SEPARABILITY: If any provision of this Lease is held invalid,
the remainder of this Lease shall not be affected thereby
and shall remain in full force and effect.
THIS LEASE INCLUDES: (1) A SECURITY DEPOSIT - LAST MONTH'S
RENT RECEIPT, (2) A STATEMENT OF CONDITION, (3) A GUARANTOR
AGREEMENT WHEN REQUIRED, WHICH ARE INCORPORATED HEREIN
BY THIS REFERENCE AND FORM AN INTEGRAL PART HEREOF. TOGETHER
THEY CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES. THERE
ARE NO ORAL AGREEMENTS.
The
undersigned acknowledges receipt of (1) an executed copy
of this Lease, (2) a Security Deposit/Last Month's Rent
Receipt, and (3) a Statement of Condition.
In
Witness Whereof the parties hereto interchangeably set
their hands and seals this _____________ day of _________________,
20___.
LESSEES:
LESSORS:
_______________________________
By:_________________________
_______________________________
_______________________________
_______________________________
Dated:_________________________
_________________________