LEASE AGREEMENT – VMC MANAGEMENT CORP
234 N. 18th St. / 3/13/2013PROPERTY NAME / DATE OF LEASE [mm/dd/yy]
Stolar Capital / Delete HOH Name for Blank
LANDLORD / TENANT(S) [Head of Household]
c/o VMC Management Corp.
ADDRESS / TENANT(S) [Head of Household]
172 S. Clinton St.
ADDRESS / TENANT’S ADDRESS
East Orange, NJ07018
CITY, STATE ZIP CODE / APT. NO. / GARAGE NO.
TERM: / CITY, STATE ZIP CODE
BEGINNING: / 3/1/2013
ENDING: / 2/28/2013
MONTHLY RENT: / $800.00 / SECURITY DEPOSIT AMT.: / $1,200.00
LATE CHARGE1: / $30.00
GARAGE / PARKING CHARGE1: / $0.00
RETURNED CHECK CHARGE1: / $45.00
TOTAL MONTHLY PAYMENT1: / $800.00
RENT PAYMENTS SHALL BE MAILED TO THE ADDRESS SHOWN BELOW / NAME & ADDRESS OF PLACE OF SECURITY DEPOSIT
Stolar Capital
c/o VMC Management
172 S. Clinton St.
East Orange, NJ 07018 / Soverign Bank
1130 Berkshire Blvd
Wyomissing, PA 19610
1 These charges are included as additional rent under this lease as applicable by municipality.
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Landlord/Tenant Schedule of Services and Utilities (Specify One or N/A):
HEAT / Tenant / HOT WATER / Owner / COLD WATER / OwnerTENANT
GAS / Tenant / TENANT
ELECTRIC / Tenant / AIR CONDITIONING / N/A
THIS IS A LEGALLY BINDING LEASE THAT WILL BECOME FINAL WITHIN THREE BUSINESS DAYS. DURING THIS PERIOD YOU MAY CHOOSE TO CONSULT AN ATTORNEY WHO CAN REVIEW AND CANCEL THE LEASE. SEE THE SECTION ON ATTORNEY REVIEW FOR DETAILS.
TABLE OF CONTENTS
1)OCCUPANTS
2)RENT
3)CHARGES WHICH ARE ADDITIONAL RENT
4)SECURITY DEPOSIT
5)DELAY IN OCCUPANCY
6)RULES AND REGULATIONS
7)TENANT'S DUTY OF CARE
8)NO ALTERATIONS
9)ILLEGAL ACTIVITY
10)BANKRUPTCY
11)PETS
12)SMOKE DETECTORS
13)TENANT'S RIGHT TO QUIET ENJOYMENT
14)WARRANTY OF HABITABILITY
15)RIGHT TO ENTER THE APARTMENT
16)NO ASSIGNMENT OR SUBLETTING
17)LIENS
18)CONDEMNATION
19)FIRE OR OTHER DAMAGE
20)END OF TERM
21)ABANDONED PREMISES AND PROPERTY
22)DAMAGES TO TENANT’S PROPERTY
23)NO REPRESENTATIONS BY LANDLORD
24)FULL AGREEMENT
25)SUBORDINATION
26)WAIVER
27)REMEDIES
28)SEVERABILITY
29)CAPTIONS
30)WINDOW GUARD OPTION
31)MEGAN'S LAW STATEMENT
32)ATTORNEY REVIEW
33)ATTACHMENTS
HOUSE RULES AND REGULATIONS
WINDOW GUARD VERBAL NOTIFICATION ACKNOWLEDGMENT FORM
LEAD PAINT DISCLOSURE STATEMENT RIDER
LEASE ADDENDUM MILDEW / MOLD
LEASE ADDENDUM FOR DRUG-FREE HOUSING
LEASE ADDENDUM WINDOW GUARD
LEASE AGREEMENT
1)OCCUPANTS: This is a lease agreement between the landlord and tenant(s) for the above stated apartment. The apartment is to be used or occupied only by the following persons:
HOUSEHOLD MEMBERSDelete HOH Name for Blank
Tenant – Please Print / Tenant Signature
Tenant – Please Print / Tenant Signature
Tenant – Please Print / Tenant Signature
Tenant – Please Print / Tenant Signature
Tenant – Please Print / Tenant Signature
Tenant – Please Print / Tenant Signature
Tenant – Please Print / Tenant Signature
Tenant – Please Print / Tenant Signature
In the event that individuals other than those listed above occupy the premises, the landlord has the right to terminate this lease. The apartment shall only be used as a private residence. It shall not be used for any commercial purpose.
2)RENT: The tenant agrees to pay the total rent per month, as listed on Page 1, on or before the first day of each month.
Payment by tenant or receipt by landlord of an amount less than the monthly rental provided in this agreement shall be applied to the earliest unpaid rent. No endorsement or statements on any check, nor any letter accompanying any check or payment as rent shall be considered a settlement or an agreement with the landlord. The landlord may accept such check or payment without prejudice to the landlord's right to recover the balance of such rents or pursue any other remedy permitted by law.
3)CHARGES WHICH ARE ADDITIONAL RENT: The following are fees which, when incurred, are due as additional rent and collectible as additional rent from the tenant:
a)Late Charge: If rent is not paid by the 5th day of the month, a late charge of$30.00per month shall be imposed. This provision shall not serve as a waiver of the Landlord’s right to receive the rent on the first of each month or to institute eviction proceedings based upon non payment, late payment or habitually late payments of rent;
b)Court Costs and Attorney’s Fees: Any and all costs and fees incurred by the landlord as a result of the tenant's breach of any terms of this lease or any violation of law;
c)Returned Checks: All checks returned or unsatisfied shall result in a service charge of $45.00;
d)Increase in Security Deposit: The security deposit shall be maintained at 1½ times the monthly rent. If a shortage occurs, the tenant shall pay the difference which is deemed to be additional rent;
e)Pass Through/Surcharges:If during the term of this lease, any local, federal, state or municipal body, or agency thereof, permits an increase of rent and/or the imposition of any surcharge and/or pass through for hardship, capital improvement, sewer, real estate taxes, fuel or any other charge, such charges shall be collectible as additional rent. Payment shall be made commencing on the first day of the first month after the charge is to take effect;
f)Fines/Costs:Any costs, fines or expenses incurred by the landlord for a violation of any local, state, or federal law, ordinance or regulation caused by the tenant, amember of the tenant’s household,a family member, occupants, guests, invitees or any other person in or visiting the apartment shall be collectible as additional rent;
g)Installation of Additional Lock and Reopening Fee: The tenant may request the landlord to install an additional lock or reopen the apartment for the tenant at a cost to the tenant of $100.00;
h)Damages: Any costs or expenses incurred by the landlord as a result of damages to the apartment and common areas caused by the tenant, members of the tenant’s household, tenant’s family members, agents, visitors, licensees and invitees are due upon demand and collectible as additional rent and shall not constitute a waiver of the Landlord’s other remedies; and
i)Other:Any other charges set forth in this Lease which when incurred are considered additional rent and collectible as additional rent.
4)SECURITY DEPOSIT: The landlord acknowledges receipt of the security deposit which has been deposited in the financial institution set forth on Page 1. At the termination of this lease, the security deposit will be returned by one check payable to all named tenants, less any charges for unpaid rent, additional rent and for damages in accordance with New Jersey Law. The security deposit shall not be used by the tenant for the payment of rent during the tenancy.
5)DELAY IN OCCUPANCY: If the landlord cannot deliver possession to the tenant on the date when the term of the lease is to begin, the landlord shall not be liable for such failure, and the rent shall be apportioned and abated until the landlord is able to deliver possession. If the landlord is not able to deliver possession to the tenant within 30 days from the beginning date of the lease, the tenant may cancel and terminate this lease by notifying the landlord in writing. Upon cancellation by the tenant under this provision, the landlord shall not be under any further obligation to the tenant, and the tenant hereby releases the landlord from any and all liability.
6)RULES AND REGULATIONS: If Rules and Regulations are set forth by the landlord, they shall be incorporated as part of this lease. Failure to comply with the Rules and Regulations, if any, is a breach of this lease. Tenant, tenant's family members, their employees, agents, visitors, licensees and invitees shall comply with the Rules and Regulations.
The landlord reserves the right to cancel or modify any of the Rules and Regulations and to make other changes and regulations from time to time as may be deemed necessary. Tenant will be required to comply with any such amendments or supplements to the Rules and Regulations, after due notice of same.
7)TENANT'S DUTY OF CARE: The tenant shall:
a)maintain the premises (which include the apartment and common areas of the building, e.g. sidewalks and backyard cleared of debris/snow, etc.) in a clean and sanitary manner and do nothing to deface, damage or destroy the premises;
b)comply with all state or federal law, city ordinances and regulations;
c)promptly notify the landlord of any conditions in the apartment that may require repair;
d)remove garbage and debris from the apartment and place it in the designated area for garbage. Newspapers, magazine or other recyclables shall be disposed of in accordance with local recycling laws and rules and regulations set forth in this agreement;
e)do nothing to cause a cancellation of or an increase in the costs of the landlord's fire or liability insurance;
f)keep nothing flammable or dangerous in the apartment;
g)not do anything to create a fire hazard (i.e. block means of exit) or create any other unsafe condition in the apartment or common areas;
h)not engage in abusive conduct towards landlord or the landlord’s employees or other residents. Abusive conduct includes, but is not limited to, physical violence, assault, verbal abuse, committed by the tenant or any agent, employee, licensee, invitee of the tenant upon any resident or any employee or agent of the landlord. Such abusive conduct constitutes a default under the lease by the tenant, and the landlord has the right to terminate this lease.
i)be held responsible for the actions of all members of their household, family members, guests, agents, employees, invitees and licensees.
8)NO ALTERATIONS: The tenant shall make no alterations to the premises or display any sign upon the premises or the exterior of the building. There shall be no:
a)painting, wallpapering and/or paneling
b)installation of any additional locks
c)changes in plumbing, electrical or heating systems
d)installation, use or storage in the apartment of a washing machine, waterbed, clothes dryer, air conditioning, television antennas, space heaters, propane heaters or any type of portable apartment heater, or permanent heaters.
9)ILLEGAL ACTIVITY: The tenant, all occupants, members of the household and visitors are prohibited from engaging in or conducting any drug related criminal activity, any other illicit and/or illegal activity in the apartment, on or near the property and/or using the apartment or the landlord’s property for such a purpose.
10)BANKRUPTCY: If the tenant should file a petition in bankruptcy, all post-petition rents must be paid promptly or the tenant will be subject to eviction, once the premises are released from the bankruptcy estate by Order of the Bankruptcy Court.
11)PETS: No animals or pets of any kind shall be kept on the premises.
12)SMOKE DETECTORS: The tenant acknowledges that the apartment has a working smoke detector and carbon monoxide detector. The landlord is responsible for the replacement of batteries in both detectors. The tenant must notify the landlord if the batteries need to be replaced, and the tenant must permit the landlord entry to test and replace the batteries as necessary.
13)TENANT'S RIGHT TO QUIET ENJOYMENT: The tenant acknowledges that his or her right of quiet enjoyment does not include disturbing or interfering with other tenants or interfering with the landlord in the operation and maintenance of the building.
14)WARRANTY OF HABITABILITY: The landlord warrants the habitability of the premises. However, the landlord shall be exempt from any liability for damage or injury to person or property, or resulting from any cause whatsoever, unless the damage or injury is caused by the landlord’s intentional act or gross negligence.
From time to time, there may be interruption of some services due to the necessity of repair or some unanticipated event not reasonably within the landlord's control. In case of such interruption of service, landlord will make every reasonable effort within its control to restore service. In that event, the landlord shall not be liable to the tenant for the interruption of services.
15)RIGHT TO ENTER THE APARTMENT: The landlord shall have the right to enter the premises at all reasonable times for purposes of making inspections, making ordinary or emergency repairs, exterminating the apartment, maintenance, and for purposes of showing the premises to prospective new tenants during the last month of the lease and/or after the tenant has provided written notice to the landlord of the tenant's intention to vacate. The Tenant agrees not to install additional or different locks or gates on ANY doors or windows of the unit without the written permission of the Landlord. If the Landlord approves the Tenant’s request to install such locks, the Tenant agrees to provide the Landlord with a key for each lock. When this Agreement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord may charge the Tenant $75.00 for each set of keys not returned. If the tenant does not provide key(s) it will be considered a substantial breach of this lease and provides the landlord with the right to terminate this lease.
16)NO ASSIGNMENT OR SUBLETTING: No subletting or assignment (i.e., transfer) of this lease is permitted. This lease automatically terminates upon the death of the named tenant and all occupants must vacate upon termination.
17)LIENS: The tenant shall not allow any mechanic's lien or other lien to be filed against the building.
18)CONDEMNATION: If the whole or any part of the leased premises shall be taken or condemned for any public or quasi-public use or purpose, the term and all rights of the tenant under this lease (other than the right of tenant for the repayment of the security deposit and the right to a partial refund of the current month's rent) shall terminate on the date of the title vesting in the condemnation. Award or awards shall be the property of the landlord without apportionment, and the tenant assigns to the landlord any and all interest which the tenant might have in and to such award or awards.
19)FIRE OR OTHER DAMAGE: The landlord carries no insurance covering the loss of the tenant's personal property. The tenant is responsible for securing his or her own insurance protection against loss of property by fire or other cause. The tenant shall use every reasonable precaution against fire or any other hazard or any other cause of damage including but not limited to the accumulation of mold, water leaks or any dangerous condition. The Tenant shall promptly notify the landlord of any cause, including any fire, hazard or condition on the leased premises and common areas which could cause damage.
If the tenant does not use reasonable care against fire, the landlord may, in addition to other remedies provided by law and in this lease, collect as additional rent any increase in premiums on insurance carried by the landlord on the leased premises. In the event of a fire or other casualty the landlord shall determine, in its sole discretion, whether the apartment or building is partially damaged or totally destroyed, and can in the landlord’s sole discretion, choose to make the repairs or to rebuild. Rent shall remain due and owing unless, in the landlord’s sole discretion, the apartment or building is deemed uninhabitable. In any event, if the damage or destruction is caused by the tenant, the tenant’s family members, occupants, guests, invitees or any other person in or visiting your apartment, the tenant shall continue to be obligated to pay rent. No penalty shall accrue against the landlord for any reasonable delay in repairing the premises by reason of adjustment of insurance proceeds, labor disputes or any other cause beyond landlord's reasonable control.
If the landlord determines in the landlord’s sole discretion, that the premises are totally damaged or uninhabitable by fire or other cause, the accrued rent shall be paid, at the landlord’s discretion, by the tenant up until the date the fire or casualty occurred. All rights whatsoever of the tenant under this lease, except for repayment of the security deposit shall immediately terminate.
20)END OF TERM: At the expiration of this lease, the tenant shall execute an extension or lease renewal with reasonable changes, if offered by landlord. However, execution of the new lease shall in no way serve as a waiver of the landlord’s rights to pursue any and all claims against the tenant including but not limited to claims for unpaid rent, unpaid additional rent, breach of this lease or the Rules and Regulations and/or any cause of action under New Jersey law.
If the tenant does not execute a lease extension or renewal at the end of the term, the tenant shall remove all of the tenant's property, repair all damage to the premises and return the apartment to the landlord in the same condition as it was at the beginning of the term, except for normal wear and tear.
If the tenant intends to vacate at the end of the lease term or at the end of any subsequent term, the tenant shall give the landlord one full calendar month written notice of the tenant’s intention to vacate. This provision shall not be construed to mean that the tenant can terminate the lease during a term. At the end of the term, the premises must be broom clean and the tenant must surrender the keys to the landlord.