Residential Lease Agreement
DESCRIPTION OF PREMISES; LEASE TERM RENTAL:
On the day of , 20__, S.P.Eng Associates LLC as Agent for the owner, Samuel Eng et.al., in reliance upon the representations made in the application of the Tenant and in consideration of the covenants herein to be performed by the Tenant, hereby rents to ___-______, the TENANT, and the Tenant hereby rents from the Landlord,______located at______, in ______, MD./VA. to be occupied as a private dwelling and not otherwise for a period of one year commencing on the day of , 20__, and ending on the . day of , 20__, for an annual rental of Dollars ($, ) , to be paid in equal monthly installments of ___ ($ .00).
IT IS FURTHER COVENANTED AND AGREED BETWEEN THE LANDLORD AND TENANT AS FOLLOWS:
1.PLACE OF RENT PAYMENT; LATE CHARGE; BAD CHECK FEE. Rent set forth above is payable by check or money order in advance without demand and without deduction or offset on the first day each calendar month and no later to S.P Eng Associates, or at such other place as may be designated by the Landlord. The Tenant’s failure to pay the rent so that it is received no later than the fifth day of each month shall be considered a material breach of the Lease entitling the Landlord to seek possession and shall subject the Tenant to any penalties allowed by law including, but not limited to, a late charge in the amount of five percent (5%) of said Rent which shall be paid to Landlord any time rent due is paid more than five (5) days after it is due. Failure to pay such a late charge also shall be considered a material breach of this Lease for which Landlord may seek possession after appropriate notice. Acceptance of rent paid after the first of the month is not a waiver of this condition of the Lease. All payments made under this lease shall be by legal tender of the United States as of the day of payment.
In addition to the above late charge, Tenant shall also pay Landlord a fee of $35.00 for every check of Tenant returned for insufficient funds; Landlord reserves the right to refuse to accept any further personal checks from Tenant after a check of Tenant has been returned for insufficient funds.
2.CONDITION OF LEASED PREMISES. The Landlord hereby warrants that he has personally inspected the premises and found it to be clean, safe, in sanitary condition, in repair, and free from rodents and vermin, with no observable defects, and the Tenant acknowledges that the execution of this Lease is conclusive evidence thereof, unless otherwise specified in writing herein. If the Tenant discovers any defect of which he was unaware when this Lease was signed, the Tenant shall notify the Landlord in writing within five (5) days of taking possession of the premises of such damage or defect. The Tenant further agrees that no representation as to the condition of the premises has been made to him and no promise has been made to him by Landlord at alter, repair, decorate or otherwise improve the premises except as otherwise set forth in writing herein.
3.EARLY OCCUPANCY; PRORATED RENT; HOLDING OVER. It is further understood and agreed that the Tenant shall take possession of the premises on the day of , 2014. The Tenant shall pay a pro-rated amount of $ in advance on the date the Tenant takes possession, in addition to the security deposit required herein.
Rent in the amount of$ is due on . Thereafter rent in the amount of $ shall be due on the first of each month commencing 1, 20__, subject to rental increases in Paragraph 35 of this lease. All covenants and conditions of this lease shall apply and be in full force and effect for so long as Tenant remains a Tenant. Nothing in this paragraph shall be considered to change the term of the Lease and the term, for purposes of any notices to be given hereunder, shall be considered to have commenced on the first day of the month as set forth above.
4.POSSESSION. The Landlord shall not be liable for failure to deliver possession of the premises at the time stipulated herein as the date of the commencement of the tenancy, nor shall failure excuse the Tenant’s obligations hereunder except that in the event of delay, the rent herein stipulated to be paid shall be abated (based upon a 30-day month) for the period from the date of the commencement specified in this Lease to the day possession is tendered to the Tenant.
5.SECURITY DEPOSIT. Upon execution thereof, the Tenant has paid the Landlord the sum of Dollars ($ ), as security for the Tenant’s performance of this lease, including the payment of Tenant’s rent as due, late charges, key charges, utilities if applicable, and for damages occasioned to the premises as set forth in this lease hereof, and returned check fees, lock-out charges, and repairs pursuant to this lease. The Landlord may, but shall not be obligated to, apply all or any part of said security deposit to the cost of curing any default by the Tenant of the Tenant’s obligations hereunder in which event, the Tenant shall upon notice thereof, immediately restore his security deposit to its original amount. Within such time as may be provided by applicable law, and pursuant to the requirements thereof, upon Tenant’s surrender of possession of the premises in good order as provided for in this lease hereof, the Landlord will tender to the Tenant at the Tenant’s last known address, the security deposit and interest thereupon due the Tenant, if any, subject to any deductions for any expenses caused by the Tenant’s failure to comply with this Lease, all in accordance with applicable law. It is expressly understood that the security deposit is not to be considered by the Tenant as a rent payment for the final period of tenancy.
6.OCCUPANCY AND ASSIGNMENT. Occupancy of the premises shall be restricted to solely residential use by no more than persons as stated in Tenant(s) application. No assignment or subletting or change in occupancy shall be permitted. Unless further restricted by applicable law, in efficiency units, occupancy will be restricted to one persons; one bedroom, to two persons; in one bedroom and den units, to three persons; in two bedroom units, to four persons; and in three bedroom units, to six persons. Tenant’s guests or visitors shall not occupy the Tenant’s apartment for more than two weeks during any twelve-month period. The Tenant ensures guests and visitors shall abide by all of the covenants, agreements and rules in this Lease and any other rules applicable to the property, and Tenant agrees that any breach or violation of such covenants, agreements and rules by the Tenant’s guests or visitors shall be treated as a breach or violation by the Tenant.
7.HOUSE RULES. Tenant acknowledges receipt of the House Rules, if any, for the complex in which this unit is located and agrees to be bound by them and agrees that all other persons residing with him or his guests or invites will also be bound by them. The Tenant and the Landlord agree that the Landlord has the right to promulgate new rules upon thirty days’ written notice and that the Tenant shall comply with such rules. It is further agreed that these rules are a part of this Lease and any breach of an obligation under the rules shall be considered a breach of the Tenant’s obligations under the Lease entitling Landlord to possession of the premises.
8.RECEIVING ROOM. In the event that the Landlord has established, or permits to be established, a “receiving room” for receiving and delivery of packages, parcels and the like, the Tenant, at his sole risk, may utilize the same together with any service that may be supplied by the operator thereof. No charge is made by Landlord for such room and such room is not paid for by the rent, nor is it a related service or part of the Tenant’s tenancy. The Landlord shall have the right to close these rooms at any time without any liability to the Tenant for the reduction of rent. The Landlord assumes no responsibility for any package, parcel, or other items left therein or for the delivery of any of the same. Employees of the Landlord are prohibited from handling, receiving, or delivering any of the foregoing and, if they do so, it shall be solely as agent for the Tenant. There is no receiving room.
9.RISK. The Landlord provides no insurance for Tenant’s property. The Tenant shall be solely responsible for and assume all risk of loss or damage to all property by whomever owned which the Tenant places or permits to be placed in or around the premises. If the Landlord makes any storage space or garage or parking space available, the use of it will be at the sole risk of the Tenant or user thereof. No agent or employee of the Landlord is authorized to handle, move or store any property which does not belong to the Landlord, and any agent or employee of the Landlord who may handle, move or store any property not belonging to the Landlord will do so only as the agent of the Tenant or the party for whom such handling, moving or storage was done. If any packages or other articles are delivered to any agents or employees of the Landlord, receipt of the same by them will be solely as agent for the party to whom delivery is intended. On all events, the total liability of the Landlord, if any, shall be limited to Fifteen Dollars ($15.00) in the aggregate with respect to total loss or damage to any such property.
10.STORAGE. Any storage space furnished by the Landlord is not paid for by the rent, is not a related service and may be used by the Tenant solely for at his own risk. It is understood that Landlord may charge for any such storage space provided Tenant. If the Landlord determines to discontinue or eliminate such storage space, the Tenant shall remove all property within ten (10) days of receipt of written notice, the Landlord may remove or cause to be removed to public storage at the sole cost and risk of the Tenant, or, at the Landlord’s sole option the Landlord may consider such property abandoned and dispose of it without further notice to Tenant.
11.PARKING. There is a parking lot located at the building.
12.REPRESENTATIONS IN APPLICATION. The Tenant has tendered this lease to the Landlord and the Landlord has accepted the same in reliance upon the representations contained in the rental application submitted to the Landlord to execute this Lease with the purpose of inducing the Landlord to execute this Lease with the Tenant. In the event that any of the representations contained in said application shall be found by the Landlord to be misleading or untrue, such misrepresentation shall be considered by Landlord and Tenant to be the same as failure by the Tenant to cure a lease violation after thirty-five days’ notice thereof, and the Landlord shall have the right to forthwith cancel this Lease and repossess the premises upon giving the Tenant thirty (30) days written notice to vacate.
13.PETS. The lease covering the premises provides that no pets are permitted without the Landlords written consent. The Landlord’s consent will be made on a case by case basis. If a written consent is given, a separate pet agreement between the Landlord and Tenant is required.
14.LOCKS AND KEYS. No additional locks may be placed on any of the doors to or in the premises without prior written consent of the Landlord, which consent shall be conditioned upon the Tenant supplying to the Landlord a key to any such lock. The Landlord reserves the right to fix a charge of $50.00 for each “lock out” requiring assistance from any agent or employee of the Landlord. A charge of $5.00 per key will be made for additional or duplicate keys. A charge of $45.00 will be made for new keys or a change of lock. All such charges shall be paid in advance. This charge is payable to the Landlord upon demand and failure to pay this charge upon demand shall be considered a material breach of this Lease for which Landlord may seek possession after appropriate notice. The Tenant agrees to deliver all keys and copies thereof to the Landlord immediately upon vacating the premises and agrees that if he fails to do so, the Landlord may replace all locks and charge the cost of such replacement against the security deposit. Management has installed a security system on the front entrance of each building, lost, stolen or additional keys will be given to the tenant for a charge of $75.00.
15.NUISANCE AVOIDANCE. The Tenant shall not engage in or cause or permit at any time any illegal activity in or upon, or unlawful use of, the premises, the building in which the premises is located or any portion thereof; further, the Tenant agrees that he will not engage in, cause or permit, on the part of anyone who resides with him or who is his guest or invitee, any conduct or activity of any kind in either the premises or the common areas, which may create a danger to the health, safety or property of the Landlord, its agents or employees or of any of the other tenants or residents of the building or of their guests on which may constitute an impairment of the quiet enjoyment and peaceful use of the building in which the premises is located or any portion thereof by the Landlord, its agents or employees, or by its tenants or residents or their guests or which may increase in any way the insurance risk to the Landlord.
16.SOUND AND FLOOR COVER. At no time shall the Tenant play or permit to be played any musical instrument, television set, radio or other sound apparatus of any kind, or engage in any other activity in the premises, other than at reasonable noise levels and in no event shall any noise or sound emanating from the premises after 11:00 P.M. and prior to 7:00 A.M. IN THE EVENT OF ANY BREACH OF THIS PROVISION, THIS LEASE SHALL IMMEDIATELY TERMINATE, AND LANDLORD SHALL BE ENTITLED TO IMMEDIATELY SEEK TO RECOVER POSSESSION OF THE PREMISES, ANY STATUTORY NOTICE TO CURE OR VACATE HEREBY BEING EXPRESSLY WAIVED. The Tenant further agrees to install and maintain at his sole cost floor coverings adequate (in accordance with the applicable House Rules, if any) to eliminate noise resulting from walking and other permitted uses of the leased premises.
17.PAINTING AND ALTERATIONS. The Tenant shall not allow any painting, alterations or changes in or about the premises, or allow any nails to be driven into the walls of same without prior written consent of the Landlord.
18.AWNINGS, SHADES, RADIO AERIALS, ETC. No awnings or other projections except such as are installed by the Landlord shall be attached to the outside or other parts of the building, and no blinds, shades, screens, attachments, or contrivances of any kind shall be attached to, hung in, or used in connection with, any window or door of the premises without the prior written consent of the Landlord. Under no circumstances shall any television aerials, or radio aerials be installed by the Tenant either upon the interior or exterior of said building without prior written consent of the Landlord.
19.PLUMBING AND ELECTRICAL FIXTURES.
(a) The water closets and other water and sewer apparatus and fixtures shall not be used for purposes other than those for which they were designed, and no sweepings, matches, rags, ashes, disposable diapers or other improper articles shall be thrown therein.
(b) Tenant is responsible for proper use and operation of all electrical fixtures, including fuses in fuse box.
(c) Tenant shall promptly pay the cost of repairing any damage resulting from conduct, which violates this Section 19, upon written demand from Landlord.
20.AIR CONDITIONING. Tenants are responsible for furnishing and maintaining their own air conditioning units. However, they should be placed in such a way, as not to damage the building and/or windows, i.e., condensation, etc. THE APARTMENT HAS 1 AIR CONDITIONER. THIS IS THE PROPERTY OF ENGET.AL.AND SHOULD NOT BE REMOVED FOR ANY REASON. The unit has been inspected and is in excellent working and operating condition. The Tenants are responsible for any and all repairs to this unit for the duration of the lease.
21.SMOKE DETECTORS. Smoke detectors required by law have been installed and are in proper working condition at the time of this agreement. Tenant agrees that he will check these smoke detectors periodically during the tenancy and report any malfunctions to the Landlord in writing. The Landlord is not responsible for in any way for any unreported malfunction or misuse of ages to persons, property, or the premises. Tenant agrees to indemnify Landlord and hold Landlord harmless against any claims, which may arise out of injury or damage resulting from the unreported malfunctions of the smoke detectors or misuse of the smoke detectors by the Tenant.
22.FIRE HAZARDS. Tenant shall not allow an flammable liquids or other combustible materials to be kept in or about the leased premises, and shall not permit the use of space heaters or permit or do any act or thing deemed extra-hazardous on account of fire or that will increase the rate of insurance on said premises. In case the Premises shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord, unless the same shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord, unless the same shall occur for any reason for which the Tenant is liable, then the premises shall be repaired within a reasonable time at the expense of the Landlord, and in case the damage be so extensive as to render the premises un-tenantable, the rent shall ceases until such time as the premises shall be put in complete repair; in case of total destruction of the premises by fire or otherwise, the rent shall be paid up to the time of such destruction, and from henceforth this lease shall cease and come to an end.