Lease Review- Anything to add?

[Steve Fitzgerald]

Here's a lease I'm working on for a property I now in CT. Anything you would add?

Steve

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IN THIS LEASE the words "we", "us" and "our" mean the Landlord, ________________________.

The words "you" and "yours" mean the Tenant, ___________________________.

We agree to lease to you, and you agree to lease from us, ___________________________, which is referred to as the "Dwelling" in this lease. You and we agree to the following terms:

1. TERM. The term of this lease starts on_____________, and ends on _______________.

2. RENT. You will pay us total rent of $________________ annually. You will pay the total rent in monthly payments of $ ____________ on the 1st day of every month. The first payment is due ______________.You will pay us a late charge of 5% for each payment that is more than ten (10) days late.

You will pay the rent to us via electronic payment in such a manner as indicated by the Landlord. You will pay the rent even though we do not send you a bill for the rent or a notice that it is due.

3. USE. You will only use the Dwelling for a dwelling for yourself and your family. You will not let more than 7people live in the Dwelling at any time. You also will not sublease the Dwelling or let any other people live in the Dwelling or assign this lease to anyone else.

4. LAWS. You will comply with all laws and regulations regarding the Dwelling. You also will not permit any others to violate any laws or regulations in the Dwelling. The use, possession or sale of illegal drugs at the Dwelling is prohibited. You will pay us the amount of any fines or penalties that we have to pay because you or any others violated any laws or regulations in the Dwelling.

5. CARE OF DWELLING. You will keep the Dwelling and all fixtures and appliances in a clean and safe condition. You will remove all ashes, garbage, rubbish and other waste in a clean and safe manner to the place provided by us. You will use all electrical, plumbing, heating, air conditioning and other facilities and appliances in a reasonable manner. You will not destroy or damage any part of the Dwelling or any of our furnishings or appliances in the Dwelling. You also will not remove any of our furnishings or appliances from the Dwelling.

6. DRAIN STOPPAGES. As of the date of this Agreement, Landlord warrants that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were designed. They will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, balls of hair, grease, oil, table scraps, clothing, rags, sand, dirt, rocks, or newspapers. Tenant agrees to pay for clearing the drains of any and all stoppages except those, which the plumber who is called to clear the stoppage will attest to in writing, were caused by defective plumbing, tree roots, or a result of weather. Tenant agrees to keep on hand and properly use a plunger when necessary to unclog drains and prevent water overflow from toilet, sinks and bathtub.

7. DRAIN CLEANING PRODUCTS. Tenant agrees not to use caustic drain cleaning chemicals in any of the drains or plumbing fixtures. Such products may cause damage to the plumbing system and may be hazardous to the environment. Tenant may be able to keep drains clean and clear with regular maintenance by pouring down the drain a quarter cup of baking soda followed by a half cup of vinegar. If there is a minor clog in the p-trap (the curved portion) of the pipe under the sink, Tenant may disconnect the pipe, clear the pipe manually, and reconnect the pipe to clear the clog or may call Landlord for assistance.

8. FREEZING PIPES. Tenant agrees to take due precaution against freezing water or waste pipes and stoppage of same in and about said premises. This includes but is not limited to disconnecting all garden hoses from outdoor faucets prior to freezing weather and opening cabinets under fixtures that are adjacent to outside walls to allow warm air circulation near water and waste pipes. If water or waste pipes are frozen Tenant will notify Landlord immediately and in writing. If Tenant did not take due precaution to prevent the freezing or fails to notify Landlord of the problem in a timely manner, Tenant will be held liable for all damage caused thereby.

9. REPAIRS. Tenant agrees to notify Landlord of needed repairs to premises in a timely manner by telephone and/or in writing. Tenant agrees not to repair their dwelling or anything belonging to Landlord without prior written consent of Landlord. Landlord retains the right to determine how and when the repair will be done, in accordance with federal, state, and local law and codes. If the need for repair is not due to damage caused by Tenant and/or their guests, Landlord agrees to pay for the repair. If the need for repair is a result of damage done by Tenant and/or their guests, and not that of ordinary wear and tear, Tenant agrees to pay for the repair. Landlord may decide to remove or replace an item, instead of repair.

10. GROUNDS.Tenant agrees to maintain the grounds and remove snow from walks and driveways and will we will cut the grass as needed (approximately every week during the growing season). If you do not cut the grass or remove the snow, as agreed, we will hire a person as needed, to cut the grass or remove the snow. You will pay us for what we have been charged.

11. UTILITIES.Tenant is responsible for payment of all utilities and other services for the Dwelling

12. SMOKE DETECTORS. You will inspect all smoke detectors periodically and will replace worn out batteries when needed. You will notify us promptly if any smoke detector is not operating, and we will then replace it.

13. PETS.Tenant is not allowed to have or keep any pets, even temporarily, on any part of the Dwelling. The unauthorized presence of any pet will subject Tenant to penalties, damages, deductions and/or termination of this Agreement. Properly trained service animals that provide assistance to individuals with disabilities may be permitted on the Dwelling with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant will be responsible for the costs of de-fleaing, deodorizing and/or shampooing all or any portion of the Dwelling if a pet has been on the Dwelling at any time during the Term (whether with or without written consent of Landlord).

14. PROPERTY CONDITION. You acknowledge that the Dwelling is in good order and repair, unless otherwise indicated in this lease. You acknowledge that you have inspected the Dwelling, or have had an opportunity to do so, and are satisfied with its physical condition. You also acknowledge that we have made no representations as to the condition of the Dwelling and no promise to decorate, alter, repair, or improve the Dwelling or the furnishings, unless otherwise indicated in this lease.

15. ENTERING DWELLING. We may enter the Dwelling at reasonable times to make necessary repairs or changes that we are required to make, or to supply the utilities or services that we have agreed to supply. We may also enter the Dwelling at reasonable times to show the Dwelling to possible or actual purchasers, mortgage lenders, tenants, workmen or contractors.

We will give you reasonable notice of our intent to enter the Dwelling. You will not unreasonably deny us the right to enter the Dwelling. We may also enter the Dwelling at any time without your consent in case of emergency.

16. DAMAGE TO DWELLING. You will not have to pay rent for any time that your use and enjoyment of the Dwelling is substantially affected because the Dwelling is damaged by fire or other casualty. However, you will pay rent if you caused the damage or destruction or unless you continue to occupy any portion of the Dwelling. If you continue to occupy any portion of the Dwelling, your rent shall be reduced by the decrease in the fair rental value of the Dwelling. You will carry your own policy of renter’s insurance for liability and for damage to your personal property in the Dwelling.

If any part of the Dwelling is damaged by fire or other casualty, we shall have the right to cancel this lease. If we decide

to cancel the lease, we will give you notice within fifteen (15) days after the date of the fire or other casualty. The lease will end on the date that we give in our notice to you. If we do not cancel this lease, we will repair the damage within a reasonable time.

17. CONDEMNATION. If any part of the building is condemned, we shall have the right to cancel this lease. If we decide to cancel the lease, we will give you notice within fifteen (15) days after the date of the condemnation. The lease will end on the date that we give in our notice to you.

You will not be entitled to any payment from the government because of such condemnation except for moving expenses. All other payments from the government because of such condemnation will be paid to us.

18. SUBORDINATION. This Agreement and Tenant’s right under it shall be subject and subordinate to the lien, operation and effect of each existing or future mortgage, deed of trust, ground lease and/or any other similar instrument of encumbrance covering any or all of the Premises, if any, and each renewal, modification, consolidation, replacement or extension thereof.

19. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

20. LIABILITY. Landlord is not responsible or liable for any loss, claim, damage or expense as a result of any accident, injury or damage to any person or property occurring anywhere on the Premises, unless resulting from the negligence or willful misconduct of Landlord.

21.RENTER’S INSURANCE. Tenant is required to obtain, and maintain at all times during the Term, a renter’s insurance policy with a minimum of $300,000.00 personal liability coverage. Tenant will name Landlord as an interested party or additional insured. Tenant will provide Landlord with a certificate or proof of insurance upon request.

22. INSURANCE REQUIREMENTS. Tenant will not do or permit to be done any act or thing that will increase the insurance risk under any policy of insurance covering the Premises. If the premium for such policy of insurance increases due to a breach of Tenant’s obligations under this Agreement, Tenant will pay the additional amount of premium as additional rent under this Agreement.

23. CHANGES. You will not make any changes in the Dwelling or change the appearance of any walls, floors, carpeting, windows, doors, appliances, fixtures or furnishings without our permission. If you receive our permission to make any changes, any items that you install in the Dwelling will immediately be our property but you may use them until the lease ends.

24. REMOVAL OF PROPERTY. When this lease ends, you will leave the Dwelling and remove all your property and the property of others. If you fail to remove your property or the property of others, we may consider such property abandoned and may dispose of it as we deem appropriate. You will leave the Dwelling in good and clean condition, and you will repair any damage that was caused by yourself or others, normal wear and tear excepted.

25. DEFAULT. You will be in default under this lease if:

(a) You do not make a payment of rent within ten (10) days after it is due; or

(b) You violate or do not do any of the things you agree to do under this lease; or

(c) You vacate the Dwelling or do not live in the Dwelling for a long time.

If you are in default under this lease, we may send you a notice and cancel this lease. The lease will end on the date that we give in our notice to you.

If you do not do any of the things you promise to do under this lease, you will pay us the amount that we pay to do the things that you did not do. You also will pay us the total rent stated in section 2 of this lease less the amount of rent that you shall already have paid.

You also will pay us interest on any amount you owe us which is past due. The interest will be at the rate of twelve percent (12%) per year.

If you are in default under this lease and if we refer the matter to an attorney to evict you, you will pay us a reasonable attorney's fee. If we refer this matter to an attorney because you do not pay the amount you owe us when it is due, you will pay us an attorney's fee not in excess of fifteen percent (15%) of the amount of the judgment we obtain against you. You will also pay us all of our other collection costs and expenses.

26. WAIVER OF NOTICE. In the event you are in default under this lease, we will not have to send you a notice telling you to vacate and leave the Dwelling.

27. SECURITY DEPOSIT. You will deposit with us before ,_____________  , $___________  as a security deposit. If you are in default under this lease, we may use the security deposit to pay the rent or any other money you owe us under this lease. If you fulfill all of your agreements under this lease, we will return the security deposit to you within thirty (30) days after the lease ends. We will pay interest on the security deposit as required by law.

28. SALE OF PROPERTY. If we sell the property, we shall not have any further liability to you under this lease for any event that happens after you receive written notice that we have sold the property.

In addition, if we sell the property, any security deposit that you give us will be assigned to the new owner of the property, and we shall not have any further liability to return the security deposit to you.

29. HOLD-OVER. If you continue to occupy the Dwelling with our consent after this lease ends, this lease will be on a monthly basis. In that case, either you or we can send a notice to the other and cancel lease at any time. All the other terms of this lease will still apply.

30. MISCELLANEOUS. If there is more than one of you who signs this lease, then each of you agrees to pay the entire amount that you owe us. We can delay enforcing any of our rights under this lease without losing them. If we release any of you from this lease, the rest of you shall still pay the amount you owe us. We can also give any of you more time to pay the amount you owe us.

31. QUIET ENJOYMENT. If Tenant pays the rent and performs all other obligations under this Agreement, Tenant may peaceably and quietly hold and enjoy the Premises during the Term.

32. NO WAIVER. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.

33. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement.

34. SUCCESSORS AND ASSIGNS. This Agreement will inure to the benefit of and be binding upon the Parties and their permitted successors and assigns.

35. GOVERNING LAW. The terms of this Agreement and the rights and obligations of the Parties hereto shall be governed by and construed in accordance with the laws of the State of __________, without regard to its conflicts of laws provisions.

36. DISPUTES. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

37. AMENDMENTS. This Agreement may be amended or modified only by a written agreement signed by the Parties.

38. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same document.

39. HEADINGS. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision in this Agreement.

40. SEPARATE PROVISIONS. If any provision of this lease is invalid or unenforceable, the other provisions of this lease will still apply.

41. BINDING EFFECT. This lease shall be binding upon you and us and our and your respective successors, heirs, executors and administrators.

42. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes and cancels all prior agreements of the Parties, whether written or oral, with respect to the subject matter.

IN WITNESS WHEREOF, the Parties hereto, individually or by their duly authorized representatives, have executed this Agreement, in full, as of the Effective Date.