MILITARY RESIDENT LEASE

For The Landings at Hanscom

This MILITARY RESIDENT LEASE (Lease)is made this ___day of ______, 200__ between HP Communities, LLC (HPC)(Landlord), and ______ (Tenant) for the premises known as______(Premises) on The Landings at Hanscom.

  1. TERM: The term of this Lease shall be for a period of twelvemonthsbeginning on the ___ day of ______, 200__(the “Commencement Date”) and, unless sooner terminated in accordance with this Lease, ending on the___ day of ______, 20__(the “Original Term”). Thereafter, this Lease shall be automatically renewed on a month-to-month basis except upon the occurrence of one of the following events: (1) Landlord gives Tenant written notice of Landlord’s intention to terminate the Lease at least thirty (30) days before the end of the Original Term; or (2) Tenant gives Landlord written notice of Tenant’s intention to terminate the Lease at least thirty (30) days before the end of the Original Term or as otherwise provided in this Lease; or (3) Landlord and Tenant execute a new lease (the Original Term and any such renewal term are collectively the “Lease Term”). When renewed on a month-to-month basis, Landlord or Tenant may terminate this Lease by giving the other party a minimum of thirty (30) days’ written notice. Day one of the thirty (30)-day period shall bethe 1st day of the month following the date of delivery of the thirty (30)-days’ notice.

2.RENT:Tenant agrees to make monthly rent payments payable to HP Communities, LLC or to such other account as Landlord shall designate from time to time in writing. Rent shall be payable in advance, without demand or offset, on or before the first day of each month (the “Due Date”) throughout the Lease Term. The amount of monthly rent for the Premises is an amount equal to the Basic Allowance for Housing with dependents (BAH) rate that has been designated for the senior service member on the date of Lease signing date who will be living in the Premises. At the time this Lease is signed, monthly rent for the Premises shall be $______.

If a promotion occurs, the Tenant shall not be required to move from one unit to another but will pay the increased rent amount associated with that pay grade change beginning on the first of the month following the effective date of the pay grade change.

If a demotion occurs, the Tenant shall not be required to move from one unit to another. The Tenant’s rent will be adjusted to reflect the decreased rent amount associated with that pay grade change beginning on the first of the month following the effective date of the pay grade change.

The Tenant signing this Lease certifies to the Landlord that the Tenant is the senior service member in residence at the Premises. If any other resident of the household becomes the senior service member the new senior service member’s BAH will be the monthly rent amount due. If the new senior service member has not signed this Lease, then the signing Tenant agrees to cause the new senior service member to sign this Lease (or its equivalent in use at such time).

However, if utilities for the Premises are not paid for by the Landlord, the monthly rent shall be reduced by a utility allowance as determined by the Landlord and the Government.

Payment of monthly rent by automatic allotment is required. Tenant agrees to execute any documents which are necessary to establish the rent allotment and agrees that the allotment may not be canceled prior to the expiration or termination of this Lease, without notifying Landlord and securing by agreement with Landlord other means of paying rent, ie: check or money order.

The prorated rent for any partial month occurring at the beginning or end of the Lease Term shall be payable in advance. All pro-rations will be based on a thirty (30) day month. The prorated rent for the month of move-in is the sum of$______. If a rent payment owed by Tenant directly to Landlord, including any prorated move-in amount due prior to establishment of the automatic allotment, is not paid in full on or before the fifth (5th) day of the month following the month due, Tenant agrees to pay a late charge. Such late charge is not intended as a penalty but as reimbursement for Landlord’s inconvenience, damages, and administrative costs attributable thereto. Tenant’s right to possession and Landlord’s obligations are expressly contingent upon the prompt payment of rent, and use of the Premises by Tenant shall be obtained only on the condition that rent and other monetary charges due hereunder are paid in full on time. At Landlord’s option, Landlord may at any time require that all past due rent and any other past due sums due hereunder are paid by certified check, cashier’s check or money order.

By signing this Lease, authorization is given to HPC to initiate and maintain payment of an automatic allotment to “HPC” equal to the Basic Allowance for Housing with dependent rate. This allotment will automatically adjust each year in conjunction with the Department of Defense’s BAH tables. This amount is payable to HPC, effective______200__. Authorization is also given to HPC to stop the BAH allotment at the time the Lease expires or is terminated.

3.SECURITY/PET DEPOSITS: No security or pet deposits shall be required of Active Duty Military Tenant(s).

4.LATE PAYMENT AND RETURNED CHECKS: Payments for rent not received by Landlord on or before the 30th day of the month in which it is dueare late and constitute a default under this Lease. If full installment of rent is not received by the Landlord within thirty (30) days from the Due Date (which is the first of each month), Tenant agrees to pay a late charge of five percent (5%) of the full monthly rent payment due to Landlord. Tenant also agrees to pay the Landlord an additional charge of Fifty dollars ($50.00) for each check returned by the bank as unpaid (NSF). Landlord has the right to require that all payments that are not paid by allotment be made by money order, cashiers check, or certified check. Notwithstanding the above, Tenant shall not be in default of any provision of this Lease by reason of Landlord’s failure to receive a timely BAH payment due to an error or delay caused by the Defense Finance and Accounting Service or others and the default is cured within thirty (30) days unless extended by the Landlord.

5.EARLY TERMINATION OF LEASE BY TENANT – MILITARY CLAUSE:

It is mutually agreed that the Tenant, in the military service, may terminate this lease if the Tenant retires, is released from active duty, is transferred (PCS) beyond a 25-mile radius of Hanscom Air Force Base (AFB), Massachusetts, or is ordered to occupy public quarters. In such cases, the Tenant will furnish the Landlord a copy of his official orders not less than thirty (30) days before such termination date unless such notification cannot be made at no fault of the Tenant (i.e., short notice assignment). This Lease will also terminate upon the Tenant’s receipt of orders for deployment for more than ninety (90) days at the option of the Tenant residing in a housing unit upon the deployment. Additionally, this Lease will terminate on the Tenant’s death, at the option of the surviving spouse or personal representative. Tenant’s Family Members residing in the Premises on the death of a Tenant shall have the right to elect to either terminate this Lease or extend it, at the same rent, for a maximum period of twelve (12) months from the month of the Tenant’s death.

6.EARLY TERMINATION OF LEASE FOR CHANGES IN STATUS:If Tenant's dependent or marital status changes, or the Tenant retires from or is discharged from military service, such that the Tenant would no longer be eligible for housing under this Lease, this Lease shall terminate thirty (30) days after the change in status, unless the Installation Commander approves a different termination date and Tenant continues to pay rent at the appropriate BAH rate. Tenant is required to provide notice of any change in marital or dependant status to Landlord as soon as reasonably possible.

7.EARLY TERMINATION OF LEASE FOR OTHER CAUSES:If Tenant terminates this Lease for any reason not described in either Paragraph 5 or 6 of this Lease, Tenant shall pay one (1) month’s rent to the Landlord as an early termination fee in addition to rent owed for a standard thirty (30) day written notice requirement. Such fee shall be paid in addition to any prorated monthly rent owed, other money owed by the Tenant as a result of Tenant’s physical damage to the Premises beyond normal wear and tear, other money owed for Landlord’s cleaning of the Premises upon vacating and other money owed for late charges, NSF fees or utility charges that remain unpaid on the Tenant’s account at the time of vacating the Premises.

8.NUMBER OF OCCUPANTS: Tenant agrees that the Premises shall be occupied by Tenant’s immediate family consisting of __adults and __child(ren). Additional occupants must be approved by the Landlord. Tenant shall not increase the number of occupants without the prior written consent of Landlord.

9.KEYS AND LOCKS:Tenant hereby agrees to sign the Addendum titled “Receipt for Housing Keys, Cards and Openers”. Tenant shall deliver all keys for the Premises to the Landlord within twenty-four (24) hours of vacating the Premises. Locks may not be changed or added without the written permission of Landlord. If permission is granted, Tenant shall promptly furnish the Landlord with a key to each additional lock, without charge, and the lock shall remain when Tenant vacates the Premises. Tenants will be a charged $25.00 per key for replacing lost keys and $50 for keys Tenant fails to return on termination or expiration of this Lease.

10.INSPECTION AT COMMENCEMENT OF OCCUPANCY: Tenant and Landlord acknowledge that, prior to signing this Lease; they conducted a joint examination of the Premises. Tenant hereby acknowledges that, except as set forth in the attached Move In Report, the Premises were rented to the Tenant in good order and repair, and that the Premises were in a safe, clean and habitable condition. Tenant further acknowledges responsibility for maintaining the cleanliness of the Premises and agrees that damages to the Premises, that are not described on the Move-In Report as existing prior to the Tenant’s occupancy and that exceed normal wear and tear, are subject to being repaired by the Landlord at Tenant’s expense.

11.ASSIGNMENT AND SUBLETTING: Tenant shall neither assign this Lease nor sublet the Premises nor grant any concession or license to use the Premises or any part thereof. Any assignment, concession or license without the prior written consent of Landlord shall constitute a breach of this Lease by the Tenant and subject the Tenant to eviction and/or claims by the Landlord for monetary damages.

12.USE AND QUIET ENJOYMENT: Tenant will enjoy the use of the Premises in a manner that does not disturb other Tenants or create a public nuisance in violation of the Hanscom AFB Resident Guidelines.

13.USE OF LEASED PREMISES:The Tenant acknowledges that the Leased Premises is a single-family dwelling and will be used for occupancy by one family only. Occupancy by more than one family is prohibited. Immediate relatives of the Tenant and the Tenant’s spouse may be considered normal residents of the household and are not “Social Visitors,” regardless of the period of stay. Social visits by military members assigned to the Installation and civilians employed at the Installation but who permanently reside outside the commuting area are limited to thirty (30) days. The Tenant agrees that the duration of social visits by anyone residing within the sixty (60)-minute commuting area of the Installation is limited to no more than two (2) days.

14.PROHIBITED ACTIVITIES, ILLEGAL SUBSTANCES, AND MATERIALS:

a.Private businesses may not be operated on the Premises unless approved, in writing, by the Installation Commander and conducted in accordance with the regulations contained in the Resident Guidelines.

b.Tenant shall not possess, store, or otherwise permit anyone to possess or sell illegal substances on the Premises, including but not limited to illegal weapons, explosives, or chemicals with which illegal drugs may be produced. Possession of said contraband or illegal items will constitute a breach of this Lease by Tenant and will, at the option of the Landlord, permit immediate termination of this Lease.

c.Tenant shall not: permit unlicensed gambling on the Premises; install or operate, or permit to be installed or operated, any device which is illegal; use or permit the Premises to be used for any illegal business or purpose; or, sell, or commercially store or dispense, or permit the sale, or commercial storage or dispensing of beer or other intoxicating liquors on the Premises, without the written permission of the Installation Commander.

d.Tenant shall not keep or have on the Premises any article, liquids, chemicals or thing of a dangerous, inflammable or explosive nature that might unreasonably increase the danger of fire, explosion, or cause physical illness, on the Premises or that might be considered hazardous or extra hazardous by state or county fire/safety officials and under the provisions of an insurance company policy. Should Tenant maintain said hazardous materials on the Premises, that cause injury or damage, Tenant shall be financially responsible for said injury and/or damages. Failure of Tenant to remove said materials upon written request of the Landlord shall permit the Landlord to immediately terminate this Lease.

ANIMALS: Tenant agrees to sign a Pet Addendum listing all pets that will be kept on the Premises. No other animals may be maintained or housed on the Premises to include the exterior thereof without the prior written consent of the Landlord. Fish tanks which hold more than ten gallons of water are prohibited unless approved by the Landlord in advance. The Tenant shall bear all legal and financial responsibilities for any injuries or damages caused by the animals and shall comply with the provisions of the Resident Guidelines' specific requirements relating to the keeping of pets on the Premises.

15.CABLE, SATELLITE AND OTHER TELEVISION FACILITIES: Tenant shall refer to the Resident Guidelines for specific regulations relating to the keeping of cable, satellite and other television facilities on the Premises.

16.UTILITY CHARGES:Utility charges shall be paid as follows: Landlord shall pay for electricity, water, sewer, fuel oil and natural gas, until such time as the Premises is individually metered or sub-metered for electric and/or gas.At that time Tenant will be provided a monthly utility allowance and will be responsible for payment directly to the utility provider or third party billing company.An individual submeter will measure the gas and electric usage and the Tenant will be billed based on this usage. If submetered, bills will be calculated by multiplying the submetered usage by the same rate that the property is charged including all charges on the bill, as if the Tenant had been billed by the local utility. The amount of the bill is subject to applicable government rules, regulations, and guidelines and the rules and actions of the utility provider furnishing the service. Any disputes relating to the computation of the Tenant’s bill and the accuracy of the metering device will be between the Tenant and the Landlord. Landlord has the right to change the billing methodology with thirty (30) days written notice to Tenant. Landlord shall not be liable for any losses or damages that result from outages, interruptions or fluctuations in utilities provided to Tenant’s Premises, unless such loss or damage was the direct result of the willful conduct or gross negligence of Landlord or Landlord’s employees. Tenant hereby releases Landlord from any and all such claims arising from or relating to such outages, interruptions or fluctuations. Tenant hereby waives any and all claims for offset, rent reduction or diminished value of the Premises due to such outages, interruptions or fluctuations, except as provided by law. Tenant agrees not to disturb, terminate, interrupt, tamper with, adjust, or disconnect any utility service or sub-metering system or device. Violation of this section is a material breach of the Lease and shall entitle Landlord to all available remedies under the Lease and applicable laws. Nothing in this paragraph shall affect the Tenant’s rights under applicable law. Tenant agrees to allow Landlord to estimate consumption for a single billing period if the Tenant’s submeter is broken or otherwise does not transmit a meter reading. Landlord, with the concurrence of the Air Force, may enact new policies regarding utility charges by giving Tenant ninety (90) days prior written notice. Tenant shall pay for all additional utilities or services, such as telephone, cable television and internet service. Tenant shall be responsible for notifying the appropriate companies to arrange for installation or disconnection of any such additional utilities or services.