LEASE AGREEMENT
By this agreement, made and entered into on this day of , 2______,between Wellsburg Pleasant Apartments, hereinafter referred to as Lessor, and , hereinafter referred to as Lessee, the Lessor rents to the Lessee, and the Lessee leases and takes as tenant of Lessor, Apartment Number ______situated at in the City of Wellsburg, County of Brooke, State of West Virginia, to be used and occupied by Lessee as a residence, and for no other use or purpose whatsoever, for a term of months(s) beginning on the , day of , 2 and ending on the day of , 2 at a rental of dollars ($ ) per month, payable monthly, in advance, during the entire term of this lease to the Lessor at 2702 Commerce Street, Wellsburg, West Virginia, or to any other person or agent and at any other time and place that the Lessor may designate.
It is further mutually agreed between the parties as follows:
SECTION I. SECURITY DEPOSIT
Upon the execution of this lease, Lessee deposits with the Lessor dollars ($ ), receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof, to be returned to Lessee, without interest, on the full and faithful performance by Lessee of the provisions hereof. Any provisions that are not complied with, and therefore, necessitate expenditures of money by the Lessor, will be the responsibility of the Lessee, and Lessee agrees that if money from the involved is greater than the amount of the security deposit, Lessee agrees to pay the difference and to immediately deposit another dollars ($ ) as the security deposit.
SECTION II. NUMBER OF OCCUPANTS
Lessee agrees that the leased apartment shall be occupied by no more than ______person(s), consisting of ______adults and children under the age of eighteen years, without the express written consent of the Lessor.
SECTION III. ASSIGNMENT AND SUBLETTING
Lessee shall not assign this lease, or sublet the premises or any part thereof, without the prior written consent of the Lessor. Consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting.
SECTION IV. SHOWING APARTMENT FOR RENTAL OR SALE
Lessee hereby grants permission to Lessor to show the apartment to new rental applicants at reasonable hours of the day, within sixty (60) days of the expiration of the term of this lease.
SECTION V. ENTRY FOR INSPECTION, REPAIRS, AND ALTERATIONS
Lessor shall have the right to enter the leased premises for inspection at all reasonable hours and whenever necessary to make repairs and alterations of the apartment or apartment building.
SECTION VI. UTILITIES
Electricity, telephone service, water, sewage, trash removal, and TV cable are not furnished as a part of this lease, and are the responsibility of and shall be obtained at the expense of the Lessee. Lessee agrees to pay the electric bill on the budget plan at the power company.
SECTION VII. REPAIRS, REDECORATION, OR ALTERATIONS
Lessor shall be responsible for repairs to the interior and exterior of the building provided, however, that repairs required because of damage done by Lessee or Lessee’s family, guests, or agents shall be charged to Lessee. It is agreed that Lessee will not make or permit to be made any alterations, additions, improvements, or changes in the leased apartment without in each case first obtaining the written consent of lessor. A consent to a particular alteration, addition, improvement, or change shall not be deemed a consent to a waiver of restrictions against any future additions, improvements, or changes. All alterations, changes and improvements built, constructed, or placed in the leased apartment by Lessee, with the exception of fixtures removable without damage in the apartment and movable personal property, shall be the property of Lessor and remain in the leased apartment at the expiration or sooner termination of this lease. The tenant shall not paint the interior or exterior of the apartment.
SECTION VIII. PETS
Lessee shall keep no domestic or other animals, including birds, in or about the apartment or on the leased premises. Lessee shall be held responsible for any and all damages for de-licing, deodorizing, full replacement of carpet or any other damages resulting to this violation, or guest violation.
SECTION IX. ABANDONMENT OF PERSONAL BELONGINGS
Lessee agrees that he or she will not commit waste on the premises, or maintain or permit to be maintained a nuisance thereon, or use or permit the premises to be used in any unlawful manner. If the premises are used for any unlawful manner, Lessor may require the Lessee to vacate the apartment within forty-eight (48) hours. In this case, Lessor shall make a good faith effort to rent the apartment, but the Lessee will continue to be responsible for the rent until the term of the lease expires, or the apartment is rented, whichever occurs first.
SECTION X. WAIVERS
A waiver by Lessor of a breach of any covenant orduty of the Lessee under this lease is not a waiver of a breach of any other covenant or duty of Lessee, or any subsequent breach of the same covenant or duty.
SECTION XI. PARKING SPACE
Lessee is hereby granted to use parking space behind or in front closest to the apartment building for the purpose of parking one motor vehicle during the term of this lease. Any additional vehicles owned by the Lessee must be parked along the rear of each lot in a manner which does not interfere with other tenant’s parking spaces. All of the lessee’s vehicles must bear a sticker issued by the state where the vehicle is registered, and must be current and operable. There are to be no auto or mechanical repairs at any time on said premises. This does not limit changing of flat tires or the electrical jump to recharge a battery. The Lessor reserves the right to limit the number of vehicles to .
SECTION XII. REDELIVERY OF PREMISES
At the end of the term of this lease, Lessee shall surrender the premises to Lessor in as good a condition as they were when the term began, ordinary wear, decay, and damage by the elements excepted. Further, Lessee will have complied with Appendix B, Vacating the Apartment.
SECTION XIII. DESTRUCTION OF PREMISES AND EMINENT DOMAIN
In the event the leased premises are destroyed or rendered untentable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessor or Lessee, or if the leased premises are taken by eminent domain, this lease shall be at an end from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental shall then be accounted for between Lessor and Lessee up to the time of such inquiry or destruction or taking of the premises, Lessee paying up to such date, or Lessor refunding the rent collected beyond such date. A condemnation award shall belong exclusively to the Lessor.
SECTION XIV. STORAGE SPACE
Lessor will make available to Lessee, without charge, a space in the building for the storage of goods stored. Lessor shall not be liable for any loss or damage to goods stored through fire, theft, or any cause whatsoever. Any goods left twenty (20) days after the expiration of the Lessee’s occupancy shall become the property of Lessor, to do with as it wishes, including sell it at a public or probate sale without further notice to Lessee.
SECTION XV. RULES AND REGULATION
Lessee agrees to obey and abide by the rules and regulations of Wellsburg Pleasant Apartments; said rules and regulations are attached as Appendix A to this lease. Lessee also agrees to obey and abide by any alterations, additions, and modifications of the rules and regulations as may from time to time be made by Lessor. Notice of such alterations, additions, and modifications may be given by Lessor to Lessee by mailing such notice to Lessee’s apartments. Said rules and regulations, and modification thereof, shall be considered a part of this lease, the same as if fully set out herein word by word, and shall faithfully be observed by Lessee and his/her guests.
SECTION XVI. PAYMENT OF RENT
Lessee agrees to pay the rent to Lessor no later than the fifth (5th) day after the due date. It is agreed that a penalty of twenty dollars ($20.00) will be charged for late payment.
SECTION XVII. DEFAULT
If Lessee defaults in the payment of rent, or any part thereof, by the times herein specified, or if Lessee defaults in the performance of or compliance with any other term or condition hereof, or of the rules and regulations attached hereto and made a part hereof, which shall be subject to occasional amendment by Lessor, this lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and retake possession and recover damages, including costs and attorney fees.
SECTION XVIII. DELAY IN OR IMPOSSIBILITY OF DELIVERY OF POSSESSION
In the event Lessor cannot deliver possession to Lessee on or before the commencement of the lease term, there shall be no liability by Lessor, but the rental provided herein shall abate until possession is given. Lessor shall have thirty (30) days in which to deliver possession, and if possession is delivered in such time, Lessee agrees to accept the leased premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, then this lease and all rights hereunder shall be at an end.
SECTION XIX. PROPERTY DAMAGE
Lessor shall not be liable to Lessee, his agents, guest, or employees, for any damage caused to their property or loss of any of their property, in or on the premises or in the building, however occurring, nor for unavoidable delay in the furnishing of heat, water, or light to the premises, lessor is not liable to Lessee or anyone else for damages resulting from the failure of any appliances or related fixtures, acts of God (freezing water lines, etc.), or any personal property damaged, vandalized, or stolen. The Lessee shall carry personal property insurance and liability insurance for the interior of said apartment.
SECTION XX. TERMINATION OF LEASE
It is hereby agreed that Lessee may terminate this lease at the end of said term by giving written notice to the Lessor by registered letter at least thirty (30) days prior thereto.
SECTION XXI.
If any section of this lease agreement is determined not to be applicable for whatsoever, it is expressly agreed between the Lessee and Lessor that all other sections will remain in full force and effect.
SECTION XXII. MOVE-IN INSPECTION
A move-in inspection will be conducted at the time the Lessee moves into an apartment. Lessee must be present when this inspection occurs. Annual inspections will also be completed, as well as a move-out inspection when moving out of the apartment. Attached hereto is Appendix B which covers moving out or vacating the apartment.
SECTION XXIII. BINDING EFFECT
The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease.
SECTION XXIV.
This lease agreement will be construed under the laws of the State of West Virginia.
IN WITNESS WHEREOF, the parties have executed this lease at Wellsburg, West Virginia on this ______day of , 2 .
WELLSBURG PLEASANT APARTMENTS, LESSOR:LESSEE:
BY:Head Of Household:
ITS: Manager
DATE:DATE:
APPENDIX A
RULES AND REGULATIONS
1.The sidewalks, courts, entry passages, hall, and stairways shall not be obstructed by Lessee, or used by him/her for any purpose other than that of ingress and egress.
2.The patios and balconies are not cannon property for all Lessee’s and each Lessee’s use of the patios and balconies is limited to that portion of his/her apartment. Lessee is to use proper care and be responsible for guests.
3.Lessee shall maintain order and not permit or make any improper noises in the building, or interfere with other tenants.
4.Pianos, radios, television sets, phonographs, stereo equipment, and other musical devices shall not be played at an unreasonable volume at any time, and shall not be played at a volume audible outside the leased premises between 11:00 p.m. and 9:00 p.m.
5.No play wagons, bicycles, motorbikes, motorcycles, or other toys or vehicles shall be allowed in the corridors, halls, walkways, or elsewhere, and Lessor reserves the right to remove all objectionable items and nuisances.
6.Dogs, cats, and other pet animals or birds are strictly prohibited.
7.Common areas and skylights and windows that reflect or admit light into any common area of the building shall not be obstructed by Lessee.
8.The laundry facilities and any other water apparatus shall not be used for any other purpose than those for which they were constructed, and no sweepings, rubbish, rags, ashes, or other substances shall be thrown therein. The repairs for any damages done to the laundry facilities, heating apparatus, or any other equipment from misuse shall be paid for by the Lessee who caused it.
9.Nothing shall be thrown out of windows, doors, or light wells of the building.
10.No Lessee shall do or permit anything to be done in the premises, or bring or keep anything therein that shall in any way increase the rate of fire insurance on the leased premises, or be considered a fire hazard. Kerosene heaters are not permitted.
11. No painting shall be done and no alterations shall be made to any part of the building by
putting up or changing any partition or partitions, door or doors, window or windows, and
no boring or screwing into the woodwork or plaster shall be done without consent of lessor.
12.No outside awnings shall be laced on any buildings.
13.No additional locks may be put on any door without the consent of Lessor. Any and all locks placed on any door shall become the property of Lessor.
14.Lessee must return all keys at the termination of the leased period. There will be a charge of ten dollars ($10.00) for each key not returned within ten (10) days.
15.The tenant shall keep the garbage receptacle in a neat and sanitary condition at the place designated for the same and shall use plastic garbage bags at all times.
Appendix A
Page Two
16.Waterbeds: There shall absolutely be no waterbeds or any furniture containing water in any of the suites. Violations of this covenant means immediate cancellation of the Lease Agreement.
17.The tenant shall give thirty (30) days written notice to Lessor at 2702 Commerce Street, Wellsburg, WV, 26070, or forfeit the full sum of the security deposit.
18.Do not use any stick-on type picture hangers. USE PICTURE NAILS ONLY.
19.No playing ball at all.
20.Provide a forwarding address for the security deposit refund.
APPENDIX B
VACATING THE APARTMENT
Lessee agrees that upon vacating the apartment, the following tasks will be performed and completed in a good and workmanlike manner:
1. Clean all carpeting in the entire apartment.
2.Clean windows in the entire apartment.
3.Remove all garbage and trash from apartment.
4.Sweep and remove all garbage from patio area.
5.In the kitchen:
a.Clean all parts of the range.
b.Remove range drawer and clean floor underneath.
c.Clean refrigerator.
d.Defrost and clean freezer.
e.Clean inside and outside of cabinets.
6. In the hallway:
a.Clean closets and shelves.
b.Wash woodwork and dooms.
7. In the bathroom:
a.Clean medicine cabinets.
b.Wash sink vanity top and front.
c.Clean tub and shower unit.
8. In the bedrooms:
a.Clean the closets.
b.Dust all shelves.
Lessee agrees that if any of the above are not accomplished to the satisfaction of the Lessor, whatever portion of the security deposit needed to cover the cost involved in having the matter accomplished may be deducted and kept by Lessor. If the cost is greater than the security deposit, Lessee agrees to pay whatever extra costs are incurred.
WELLSBURG PLEASANT APARTMENTS PET AGREEMENT
ADDENDDUM TO LEASE
THIS AGREEMENT entered into this day of , 2 , by and between WELLSBURG PLEASANT APARTMENTS, Owner and , Tenant, in consideration of their mutual promises agree as follows:
1.This Agreement is an Addendum to and part of the Lease between Owner and Tenant executed on . In the event of default by the Tenant of any of the terms of this Agreement, Tenant agrees, upon proper written notice of default from Owner, to cure the default, remove the Pet, or vacate the premises.
2.Common household pets will be considered to be the following domesticated animals kept in the home for pleasure: dog, cat, and rodent including rabbit. The number of four-legged, warm-blooded pets will be limited to one per dwelling unit. Cats and dogs are required to be neutered or spayed, and appropriate documentation to this effect must be provided.
3.Owner may refuse to admit a pet into WELLSBURG PLEASANT APARTMENTS for any of the following reasons:
a.The creature is not a common household pet.
b. Keeping the pet would violate an applicable pet rule.
c. Pet owner fails to provide complete pet registration information or fails to update the pet registration annually.
d.Owner reasonably determines, based on pet owner’s habits and practices, that a pet owner will be unable to keep the pet in compliance wit the pet rules and other lease obligations. This includes consideration of the pet’s temperament.
e.The pet is not owned by the tenant and is not to be kept permanently on the premises.
If Owner refuses to register a pet, the Tenant or prospective Tenant shall be given a written explanation.
4.Tenant desires and has received permission from the Owner to keep the pet named and described as: .
5.As a special deposit for cats and dogs, Tenant agrees to pay Owner the sum of $300.00 which shall be paid in an initial payment of $150.00 and $150.00 due within 60 days. If the security deposit is not paid within 60 days, Agreement is automatically terminated and Tenant must remove the pet from the premises immediately. The Pet Deposit under this Pet Agreement is not a limit of Tenant’s liability for property damages, cleaning, deodorization, defleaing, replacements, and/or personal injuries as herein further specified.