LEASE WHITESAND FAMILY LP 2015

Whitesand Family LP

P. O. Box 426

Getzville, NY 14068

RESIDENTIAL LEASE AGREEMENT

This Agreement of Lease, dated ______is between Whitesand Family LP, a New York State limited liability partnership (“Landlord”), and ______, (“Tenant”). Each Tenant signatory is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement.

  1. Identification of Premises: Subject to the terms and condition in this Agreement, Landlord rents to the Tenant, for residential purposes only, the premises located at ______, Unit ______.
  1. Term of Tenancy: The term of the Lease will begin ______, and end on ______. If Tenant vacates before the term ends, Tenant will be liable for the balance of the rent for the remainder of the term.
  1. Renewal: Tenant may extend the Initial Lease Period for additional one-year periods with a 3% increase of rental payments for each period. Tenant shall give Landlord notice of the exercise of Tenant’s option to renew or to terminate at least sixty-days (60) prior to the expiration of the immediately preceding term.If the Tenant elects to not vacate the premises at the end of the term without a Lease renewal, the tenancy shall become one of month-to-month on all terms specified in this Agreement, except that the rent will increase by 5% over the current basefor the months the Tenant remains in occupancy. The maximum months a Tenant may remain on month-to-month without a Lease is twelve (12).
  1. Rent: Tenant will pay the Landlord a monthly rent of $______, payable in advance on the first day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent is to be paid by check, money order or electronic bank transfer to Whitesand Family LP; P. O. Box 426; Getzville, NY 14068.
  1. Late Payment: If Tenant fails to pay the rent in full by the 5th business day after it is due, Tenant will pay the Landlord a late charge of $50.00 in addition to the regular monthly rent.
  1. Returned Check:Any rent payment returned for insufficient funds or other like reason will incur an additional charge of $35.00 for each instance. The Tenant will have three (3) business days to remedy the non-payment or the Late Fee will be imposed as well. Landlord shall have the right to demand that subsequent payments be made by certified check or money order should this reoccur.
  1. Failure to Pay Rent: Upon failure by the Tenant to make any payment of rent when it is due, or if the Tenant shall breach any other condition of this agreement, the Lessor shall have the right to begin legal proceedings through Court and to take appropriate legal steps to collect all sums due from Tenant(s). If the premises are abandoned, the Landlord or his agents may re-enter and repossess the said premises. In any action or legal proceeding to enforce any part of this Agreement, the Landlord shall be entitled to recover reasonable attorney fees and court costs.
  1. Security Deposit: A security deposit of $______is required prior to the Tenant taking possession of the property. The security deposit shall be refunded to the Tenant approximately thirty-days (30) after the premises have been vacated, providing upon inspection, the premises are found to be in as good condition as theywere at the beginning of the lease, except for normal wear and tear. The security deposit is not any part of the monthly rent; therefore, cannot be deducted form the final month’s rent.
  1. Pets: Tenant(s) stipulate that they do not presently have a pet, and agree they will not obtain a pet during their residency without the written permission of the Landlord, subject to any applicable conditions Landlord may impose. Should permission be granted for a pet, the Tenant will pay a $200.00 non-refundable deposit at the time a Pet Agreement is signed. Should the Tenant be evicted from the premises due to harboring a pet without consent of the Landlord, the Tenant will remain obligated to pay all sums due under the lease, legal expenses and other damages.
  1. Utilities: Tenant shall pay directly for all utilities, services and charges provided to the premises, including any and all deposits required except as noted in the following. The Landlord agrees to provide ______as part of the monthly rent.
  1. Quiet Enjoyment: Tenant shall be entitled to quiet enjoyment of the premises. Tenant shall not use the premises in such a way as to violate any law or ordinance. Tenant shall not cause the inconvenience or interfere with the quiet enjoyment of any other nearby neighbor.
  1. Conditions of Premises: Tenant agrees to properly use, operate and safeguard the premises and the appliance and fixtures with the premises. Landlord furnishes the following appliances (if checked): _____Stove, _____Dishwasher, _____Refrigerator, _____Washer, _____Dryer, _____Microwave. Tenant will maintain the premises in clean and sanitary conditions, and upon termination of the tenancy, will surrender the premises to Landlord in the same condition as when Tenant first took occupancy, except for ordinary wear and tear. Tenant will notify Landlord upon discovery of any damages, defects or dangerous conditions in and about the premises. Tenant will reimburse Landlord for the cost of any repairs to the premises for damage caused by misuse or negligence of the Tenant or their guests.
  1. Repairs and Alterations: Except as provided by law or as authorized by the prior written consent of the Landlord, Tenant shall not make repairs or alterations to the premises, including but not limited to, painting the walls, installing wallpaper, murals, paneling, tile or hanging poster or pictures weighing in excess of twenty (20) pounds.
  1. Emergency Entry and Inspection:Tenant shall make the premises available to the Landlord or Landlord’s agent for purposes of making repairs or improvements, or to supply agreed services or show the premises to prospective buyers or tenant, or in case of an emergency. Except in case of emergency, the Landlord shall give Tenant reasonable notice of intent to enter. For these purposes, twenty-four (24) hours notice shall be deemed reasonable, and reasonable hours shall be defined as 9am to 7pm, Monday through Saturday. At all times Landlord shall be provided with a key or keys capable of unlocking all such locks to gain entry if required.
  1. Extended Absences and Abandonment: In the event Tenant will be away from premises for more than twenty-one (21) consecutive days, the Tenant agree to notify Landlord in writing of the absence. During such absence, Landlord may enter the premises at times reasonably necessary to maintain or inspect the property. Abandonment is defined as absence of the Tenant from the premises for at least twenty-eight consecutive days without proper notice to Landlord. If the rent is outstanding and unpaid for fifteen (15) days and there is no reasonable evidence, other than the presence of Tenant personal property, that the Tenant is occupying the unit, Landlord may terminate the Lease and regain possession in the manner prescribed by law. Tenant will be liable for the balance of the rent for the remainder of the Lease term.
  1. Insurance Disclaimers: Tenant assumes full responsibility for all personal property placed, stored or located on or about the premises. Landlord does not insure tenant personal property. Landlord recommends that Tenant obtain insurance to protect against risk or loss from harm to Tenant’s property resulting from fire, theft, burglary or any other event beyond the Landlord control.
  1. Smoke/CO Detectors: The premises are equipped with detection devices for the safety of the Tenant and the premises. Tenant shall be responsible for reporting any problems with the detection devices to the Landlord. Replacing batteries is the responsibility of the Tenantand should be done annually. If assistance is needed, please contact the Property Manager.
  1. Space Heating:The Landlord forbids the Tenant use of flammable fuel or electric space heaters in the leased premises. If the Tenant uses flammable fuel or electric heaters in the leased premises, the Tenant is totally and completely liable for any damage done to the leased premises, which are caused by their use.
  1. Liquid Furniture: No liquid furniture of any kind is allowed on the premises without written consent of the Landlord and inspection after installation. If upon inspection, the Landlord determines that an unnecessary risk exists, the Tenant will be required at the Tenant’s expense to remove the liquid furniture immediately.
  1. Duty of Tenant to Vacate:Upon termination of Lease, the Tenant agrees to peacefully surrender and deliver the described premises to the Landlord. A sixty-day (60) notice to vacate must be given prior to the Lease expiration. Such notice will begin on the first-day (1st) of the month following the proper notice. The Tenant will thoroughly clean the premises and remove all trash and other debris; lock and fasten all doors and windows; broom clean the garage and storage area and return all keys and garage opener to the Landlord. Tenant will allow the Landlord to show the premises during daylight hours to prospective tenants during the notice period provided proper notice is given to the Tenant.
  1. Hold Harmless:Tenant releases Landlord from all liability for any damage or injury to Tenant or any other person, or to any property, occurring on the Premises of ______unless such damage is the direct result of the negligence or unlawful act of the Landlord or the Landlord’s agent.
  1. Rules and Regulations: Tenant agrees to honor and abide by all rules and regulations of the Landlord during their tenancy, which shall be provided in writing to the Tenant. The rules and regulation are considered an addendum to the Lease and are binding and legally enforceable as part of the Lease Agreement.
  1. Entire Agreement: This document together with all addendums constitutes the entire Agreement between the Tenant and the Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises of representations, other than those set forth in the Agreement and those implied by Law. The failure of the Tenant or their guest to comply with the terms of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenant and procedures as required by Law.

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