LEASE AGREEMENT

 

THIS AGREEMENT made and entered into as of the ___ day of __________, 20____ by and between Cornell Heights Apartments, hereinafter referred to as “Landlord” and

 

  1. _________________________________________
  2. _________________________________________
  3. _________________________________________
  4. _________________________________________
  5. _________________________________________

hereinafter referred to collectively as “Tenant.”

 

  1. PREMISES LEASED. For good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, Landlord hereby leases to Tenant the portion of the premises located at _______________________________, in Ithaca, New York, referred to in this Lease as the “premises”, subject to the terms and conditions stated in this Lease.

 

  1. LEASE TERM. The term of this Lease shall commence as of 12pm noon ______________, 20____ and shall continue through 11:59am _______________, 20____, when this Lease will terminate. Failure of Tenant to deliver the premises to Landlord by noon on the date of termination will result in Tenant being liable for charges of $100 per day until Tenant has vacated the premises.

 

  1. RENT AND SECURITY DEPOSIT. Tenant agrees to pay rent to Landlord in the amount of ___________________ and No/100 Dollars ($____________) for the lease term, to be paid by Tenant in equal monthly installments of $__________, payable on the first day of each month in advance. A late charge of 5% of the overdue rent will be assessed on the third calendar day of the month if any rent installment is not received by the Landlord on or before the third calendar day of the month.  An additional 5% of the outstanding balance will be assessed if the rent remains unpaid after the seventh calendar day of the month.  Said late charges shall be considered added rent and become due and payable immediately upon notice, and if not so paid, may be deducted by the Landlord from the security deposit as added rent.

A $50.00 fee will be charged on all checks returned to Landlord for insufficient funds to cover bank fees of $25.00 and administrative costs of $25.00.   At the signing of this Lease, Tenant will pay the last month’s rent, Solid Waste Fee and a security deposit in the amount of $___________. The first month’s rent is/is not prorated at $___________.

Multiple checks may be submitted. Rent shall be made payable to: Cornell Heights Apartments and sent or delivered to: 213 N Aurora Street, Ithaca, NY 14850. Use of the mail to deliver rent payments is done at the Tenant’s risk.

 

In no event shall the security deposit be used by Tenant to pay any month’s rent, including, specifically, the last month’s rent. After the termination of the tenancy or surrender of the premises, whichever occurs later, Landlord shall return to Tenant the security deposit within (30) days, provided that Tenant has returned to Landlord all keys, and left with Landlord a forwarding address, less any amount retained by Landlord to cover the cost of cleaning the premises to return the premises to the condition they were in when the tenancy started, including any costs of storing and/or disposing of unclaimed property, any non-payment of rent, non-payment of late charges or non-payment of other obligations of Tenant, any costs of repairs as set forth below, or any other amounts to which Landlord is entitled under this Lease or applicable law. Both Landlord and Tenant shall comply with applicable laws and regulations concerning security deposit arrangements.

 

 

 

  1. MAINTENANCE AND CONDITION OF PREMISES. Tenant shall take good care of the premises and shall at the end of or other expiration of the term deliver the premises in good order and in at least as good condition as the premises were in at the commencement of this Lease.

 

Without in any way limiting the general obligation expressed above, Tenant agrees:

 

(a). Appliances and Furnishings: Tenant accepts the premises, and all appliances, furnishings and furniture at the premises, in their present condition at the time of commencement of this Lease, and Landlord shall not be obligated to make any changes thereto, except as required by applicable law and major structural repairs necessary to keep the premises in compliance with applicable law and not caused by Tenant’s neglect or violation of this Lease.

Furniture may not be moved to another apartment or used outside of the house (on porch or yard, etc). Tenants must arrange with Landlord for removal and storage of unwanted furnishings at Tenant’s expense. Furniture must be returned to rooms where located at start of this Lease or a charge for moving same will be deducted from the security deposit.

Tenant shall be responsible to Landlord for the cost of repairs to walls; floors or flooring; doors; ceilings; lighting; plumbing; clogged drains; heating; cooking appliances and electrical items or related piping, wiring, fire alarms or fixtures; whenever damage or injury to same shall have resulted from Tenant’s misuse or negligence. At no time will Tenant place holes in the walls other than small nails or permanent picture hangers. Tenant shall not hang any object on the walls using tape/adhesive of any kind or poster putty.

The leased premises is/is not serviced by a maintained and operative sprinkler system that was last maintained on __/__/__ and was last inspected on __/__/__.

 

This is a furnished/unfurnished apartment. It consists of:

{   } Beds                                                       {   } Microwave                        {   } Kitchen chairs

{   } Desk/desk chair                                {   } Easy chair                          {   } Coffee table

{   } Dresser                                                 {   } End table                            {   } Sofa

{   } Kitchen table                                       {    } Washer                               {   } Dryer

{   } Living Room rug                                 {  } Hallway rug

{   } Other: _____________________________________________________________________________________

______________________________________________________________________________________________

 

(b). Tenant will notify Landlord whenever repairs are needed. Tenant shall contact Landlord on nights and weekends only with regard to emergency repairs. Email messages may be left 24 hours per day.

 

(c). Tenant shall pay for any and all incidental repairs required to the premises during the term of this Lease, incidental repairs being those repairs which cost under Fifty Dollars ($50.00). In addition and without limiting the Tenant’s other obligations under this Lease, Tenant shall be responsible for damages resulting from and/or repairs necessitated by wind, rain, snow and/or freezing temperatures caused by leaving windows or doors open or the heat off or lowered, and damage resulting from and/or repairs necessitated by the plugging of sewer or drain pipes and any overflow resulting therefrom caused by Tenant or Tenant’s guests.

(d). Tenant shall not undertake any alteration or repair, including painting walls or wallpapering the premises.

 

 

(e). Tenant will keep the premises in a clean and sanitary condition, will comply with all applicable government regulations and ordinances, and will not store or keep personal property of any sort in common areas or outside the leased premises. Landlord will supply light bulbs prescribed wattage for light fixtures and appliances in the premises before Tenant moves in. Thereafter, Tenant shall replace and pay for all light bulbs of the prescribed size and wattage for fixtures and appliances in the leased premises at Tenant’s sole expense.

 

 

(f). If the premises are not left by Tenant in the same condition as they existed at the start of the lease term, then Landlord may enforce all of its legal rights, including, but not limited to, using the security deposit to pay the cost of correcting the condition, including the cost of professional cleaning if needed, and the cost of hauling and landfill fees for garbage and debris left at the premises by Tenant.

 

(g). Any personal property brought onto the premises which shall not have been removed at the termination of this lease shall be deemed to be abandoned property and may either be retained by the Landlord as its property or may be disposed of by the Landlord in any manner the Landlord deems appropriate. Disposal charges will be deducted from the Security Deposit.

 

  1. PROHIBITION AGAINST SUBLETTING. Tenant shall not assign Tenant’s rights under this Lease nor sublet all or any part of the premises nor reside in the premises with any other individual, except those listed in this Lease prior to Landlord’s signing of same, without the express prior written consent of Landlord or as is otherwise required to be allowed by the New York State Real Property Law.

 

  1. VEHICLES. Tenant shall not park any vehicles at or about the premises, other than ____ registered vehicle(s) and other than occasional delivery and/or service vehicles to maintain the premises. Tenant shall not allow any vehicle to park on the lawn at any time. Landlord reserves the right to tow illegally parked vehicles at Tenant’s expense. Parking fee applicable/not applicable is $250/year payable at lease signing or $300/year if after lease signing. Parking is not offered on a month-to-month basis.

 

  1. UTILITIES, SERVICES, GARBAGE, MAINTENANCE. Responsibility as follows:

NYSEG (electric and gas- heat & hot water)                                                            { } Tenant                { } Landlord

Water and Sewer/Stormwater Fee1                                                                          { } Tenant                { } Landlord

Snow Removal – sidewalks                                                                                           { } Tenant                { } Landlord

Snow Removal – driveway                                                                                            { } Tenant                { } Landlord

Lawn Care                                                                                                                            { } Tenant                { } Landlord

Trash Removal                                                                                                                   { } Tenant                { } Landlord

Annual Solid Waste Fee*     $52 due upon signed lease                    { } Tenant                { } Landlord

TV cable                                                                                                                               { } Tenant                { } Landlord

Internet                                                                                                                                { } Tenant                { } Landlord

*Amount subject to change based upon County Budget for the new year.

 

It is the Tenant’s responsibility to arrange for electric and gas service to be put in Tenant’s own name and turned on before the lease begins. Keys will not be issued until such time. Call NYSEG at (800) 572-1111 to arrange for this service.

 

1Water/Sewer & Stormwater Fee bill:

  1. Landlord will mail Tenant a copy of the bill.
  2. Tenant will reimburse to Landlord the net amount, in one
  3. Payment is due within 10 days of receipt of bill
  4. A penalty of $1.00 per day will be charged for any payment received after the due date

 

Tenant agrees to maintain a minimum temperature of at least 62°F in the premises at all times (including long breaks) to prevent damage to the building and its systems. Tenant specifically authorizes Landlord to deduct amounts of unpaid bills for the services listed above and late fees from their security deposits in the event that any remain unpaid after termination of this agreement.

Tenant’s trash pick up day is Monday. Tenant agrees to abide by all applicable government regulations and laws in the use and occupation of the premises, including, but not limited to, complying with all trash collection and mandatory recycling regulations, whether currently in effect or subsequently enacted during the lease term. Tenant shall store garbage in properly sealed bags and placed in garbage cans securely for pick up on the scheduled day. Recycling containers and garbage cans must be returned to storage area out of public eye in an orderly manner as soon as possible after pick up. Violation of any provision of this section will result in a minimum charge of $30.00 per visit for clean up by Landlord, plus landfill charges. Should Landlord receive a fine for improperly placed garbage and/or recyclables or any other violation of municipal ordinances, Tenant shall pay the fine as additional rent within ten (10) days notice from Landlord.

 

 

  1. LIABILITY AND INDEMNIFICATION. Tenant shall be liable for the full amount of any damages caused to the premises or to persons resulting from Tenant’s use or occupancy of the premises or any negligence, act or fault of Tenant, his/her guests, visitors, pets or invitees, or caused by any violation of this Lease by Tenant, and Tenant hereby agrees to hold Landlord harmless from and indemnify Landlord for same.

 

  1. ACCESS TO PREMISES; RIGHT TO SHOW PREMISES. Landlord and/or Landlord’s designated agents and/or contractors may enter the premises at all reasonable hours for the purpose of examining the premises and for making repairs or alterations therein as may be necessary for the safety, repair and preservation of the premises. Reasonable notice will be given by telephone and/or email prior to entry the day before, unless there is an emergency or Tenant cannot be located.

Landlord and/or Landlord’s agents may also enter said premises at all reasonable hours for the purpose of showing the premises to persons who may wish to purchase or lease same, and Landlord may also place notices in the front of the premises offering said premises for lease or sale, and Tenant agrees to permit same thereon without hindrance or molestation. Reasonable notice will be given by telephone and/or email prior to entry the day before, unless there is an emergency or Tenant cannot be located.

 

  1. QUIET ENJOYMENT. If and so long as Tenant pays rent and performs and observes the covenants and provisions of this Lease, Tenant shall quietly enjoy the premises.

 

  1. USE AND NOISE. Tenant shall use the premises as a single residential dwelling unit only and for no other purpose. Tenant shall not cause or permit loud music, excessive noise, or any other conduct that is disruptive to other residents or the public to occur at, on or about the premises. Violation of this provision shall be a breach of this Lease.

 

  1. CONDEMNATION OR DESTRUCTION. If the whole or any part of the premises shall be acquired or condemned by eminent domain, this Lease shall terminate from the date title is vested by such proceedings, and Tenant shall have no claim against Landlord for any part of the award, or for the value of any unexpired term of this Lease.   If, through no fault or negligence of Tenant, the premises are destroyed by fire, or so damaged as to render them untenantable, either party may, with 30 days thereafter, elect to terminate this Lease upon notice to the other party, and the tenancy shall cease as of that notice, provided Tenant vacates as of that notice. If such termination is elected by either party, Tenant will owe Landlord only the pro rata rent for the actual days of occupancy by Tenant.

 

  1. TENANT INSURANCE. Tenant shall protect Tenant’s personal property on the premises against loss at Tenant’s expense, and Landlord shall not be liable in any way for any damage caused to any of Tenant’s personal property and effects for any reason or cause. If Tenant fails to obtain such insurance, he/she hereby agrees to absorb all losses of personal property without recourse against Landlord.

 

 

  1. NO WAIVER. The failure of Landlord to insist on the strict performance of the terms or conditions of this Lease shall not be deemed a waiver of such terms or conditions or of any rights or remedies that Landlord may have.

 

  1. DEFAULT. In the event that Tenant shall fail to perform any of Tenant’s obligations under any term of this Lease, or in the event that Tenant shall fail to pay rent or any other charges due under this Lease in full within four (4) days of the date such payment is due, in addition to all other remedies available under the law, Landlord shall have the right to enter the premises without notice and shall have the right to re-lease the premises for the whole or any part of the remainder of the term. If any legal action or representation is required for the recovery of the possession of the premises, or to compel the performance of Tenant’s obligations under this Lease, or to recover the cost of repair of damage to the premises, or to enjoin any act contrary to the provisions hereof, or otherwise as a result of Tenant’s failure to perform Tenant’s obligations under this Lease, Tenant will pay to Landlord all costs and expenses incurred in connection therewith, including court costs and reasonable attorney fees, provided Landlord is the prevailing party in such action.

Further, if Tenant shall default in any covenant or condition of this Lease, Landlord, on three (3) days notice, either served personally or left conspicuously on the premises, may elect to terminate this Lease, but notwithstanding such termination, Landlord may sue for any damages incurred by Landlord. Such termination will not relieve Tenant of the obligation to pay rent and other charges due for the balance of Lease term.

 

  1. BINDING EFFECT. The covenants and agreements of this Lease shall be binding upon the parties hereto, their respective successors and/or heirs and/or permitted assigns.

 

  1. KEYS AND LOCKS. Landlord shall furnish Tenant with original keys to the premises once Tenants have met all financial obligations of this Lease. Tenant shall not make additional duplicate keys. Tenant shall not change locks or install additional locks, and shall return all keys to Landlord upon lease expiration. Failure to return the keys will result in locks being changed at Tenant’s expense. Tenant will be charged $25, nonrefundable, for each original, replacement or additional key that is not returned to Landlord at the end of the Lease term. Landlord has the additional right to change the lock or locks on the premises and make new keys at the Tenant’s expense, plus 10% administrative fee. Replacement keys during the term of the lease will incur a $5.00 charge per key.

 

Should Tenant lock him/herself out of the premises, there is a $35.00 fee for the Landlord or their agent to unlock the premises, payable at time of opening. Tenant may borrow a key from Landlord during business hours, leaving a credit card or driver’s license as collateral, and Tenant agrees to return the key within one hour.

 

Tenant must give Landlord four (4) days notice of Tenant’s intention to pick up keys at the commencement of the Lease term. Tenants on the lease must have met all contractual financial obligations before any keys will be distributed.

 

  1. NOTICE. Any notice required by this Lease shall be deemed properly served if it is personally served on or delivered to the party, or if it is mailed to the party at the address stated in this Lease by certified or registered mail.

 

  1. JOINT AND SEVERAL LIABILITY. The word Tenant in this Lease shall refer to and bind each of the individuals who together constitute Tenant, and each of the individuals who together constitute Tenant shall be jointly and severally liable for all obligations of Tenant under this Lease, including, but not limited to the rent owed for the premises.

 

 

  1. PETS OR ANIMALS ON THE PREMISES. Tenant covenants and agrees that no animals, including dogs, cats, birds or any other pets or animals will be kept in, on or about the premises or the building or common areas of which the premises form a part without first obtaining the written consent of Landlord for each and every animal. When, and if, such consent is given, it shall be in writing and may be revoked at any time by Landlord by written notice thereof to Tenant. Any pets that are found on the premises of Tenant without permission of Landlord will be considered a violation of this Lease and shall entitle Landlord, at its option, to immediately terminate this Lease and to retain the security deposit and sue for breach of contract including for the damages of Landlord. Pets which are neglected or abused will be removed and a report will be filed with the local SPCA.

 

  1. LEASE RENEWAL. Notice is hereby accepted by all parties to this lease that landlord expressly reserves the right to
  2. a)      renew this lease 60 days or more after the commencement of said lease
    b)      show the residential unit to prospective new tenants
    c)      enter into a lease with new tenants at any time during the term of this lease upon reasonable advance notice. Tenant expressly waives, to the fullest extent allowed by law, any and all legal limitations on the period during or manner by which landlord may perform any of the aforementioned actions, including and not limited to the provisions of proposed Section 258-3 of the Ithaca Municipal Code as such proposal exists in April 2013, and including any enacted, recodified or amended version of such legislation in effect as of the time of this lease.

Any Tenant remaining in the premises or otherwise maintaining possession or control of the premises beyond the date of termination of this Lease will be charged liquidated damages in the amount of $100.00 a day, for each day that they remain in possession or control of the premises, in addition to any other damages or obligations to which Landlord would be entitled under the provisions of this Lease or applicable law.

 

  1. RULES AND REGULATIONS. Tenant hereby agrees at all times during the term of this Lease to obey and abide by the following rules and regulations:

(a) Any smoke detector, carbon monoxide detector or fire extinguisher in the leased premises shall be properly maintained by Tenant at all times and shall at no time be tampered with, disconnected or removed by Tenant. It is Tenant’s responsibility to report all nonworking smoke detectors to Landlord.

 

(b) Tenant shall maintain heat in the premises so as to insure a temperature at all times, including breaks from school, of not less than sixty-two (62) degrees Fahrenheit.

 

(c) Water beds are under all circumstances prohibited.

 

(d) Tenant shall not use any appliances not provided by Landlord, such as air conditioners, humidifiers, de-humidifiers, or space heaters, without the prior written consent of Landlord.

 

(e) Tenant shall not place in any toilet or drain any grease, oil, coffee grounds, fibrous materials, condoms, sanitary products, refuse or rubbish of any kind, and caustic substances (Drano, Liquid Plumber, etc). Tenant is responsible for plunging any toilet if it becomes clogged and for notifying Landlord if plunging does not correct the problem.

 

(f) There shall be no smoking permitted in or on the premises. Fines will be given to violators.

 

(g) Tenant shall not use electrical extension cords to expand electrical outlets or sockets. Surge protectors are allowed.

 

(h) Tenant shall not install any cables, aerials or dishes on the roof or exterior walls.

 

(i) Cars and other vehicles shall not be parked on the lawn or any other place not specifically designated for parking.  Mechanical work on motor vehicles and washing of same is prohibited.

 

(j) The Tenant(s) shall notify the Fire Department at 911 immediately if a fire is detected.  Also notify the Landlord at 342-2566 as soon as is practicable.

 

(k) Open fires/Combustible Materials prohibited. The Tenant agrees not to store any highly combustible materials nor permit any open fires. No candles burning on the premises. No cooking stoves or appliances that burn fuel are allowed on or near the building.

 

  1. ENTIRE AGREEMENT/AMENDMENTS. This Lease contains the entire agreement between Landlord and Tenant, and no part of this Lease may be modified or amended except by a written document signed by both parties.

 

 

IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease on the date opposite their signature.

 

 

 

Date : ____________                             _____________________________________________________________

Tenant

Phone: ______________________ Home address: _________________________________________________

 

Date : ____________                             _____________________________________________________________

Tenant

Phone: ______________________ Home address: _________________________________________________

 

 

Date : ____________                             _____________________________________________________________

Tenant

Phone: ______________________ Home address: _________________________________________________

 

 

Date : ____________                             _____________________________________________________________

Tenant

Phone: ______________________ Home address: _________________________________________________

 

 

Date : ____________                             _____________________________________________________________

Tenant

Phone: ______________________ Home address: _________________________________________________

 

 

Date : ____________                             _____________________________________________________________

Tenant

Phone: ______________________ Home address: _________________________________________________

 

Date : ____________                             _____________________________________________________________

Landlord

 

 

Disclosure of Information on Lead-Based Pain and Lead-Based Paint Hazards

 

Lead Warning Statement

Housing built before 1979 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a Federally approved pamphlet on lead poisoning prevention.

Landlord’s Disclosure (initial)

 

_______ (a) Presence of lead-based paint and/or lead-based paint hazards (check one below)

_______ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):

____________________________________________________________________________

____________________________________________________________________________

_______   Landlord has no knowledge of lead-based paint and/or lead-based paint hazard in the housing.

 

 

_______ (b) Records and reports available to the lessor (check one below)

_______ Landlord has provided the Tenant with all available records and reports pertaining to lead-based                                  paint and/or lead-based paint hazards in the housing. (List documents below).

____________________________________________________________________________

____________________________________________________________________________

 

_______ Landlord has no reports or records pertaining to lead-based paint and/or lead based paint            hazards in the housing.

 

Tenant’s Acknowledgment (initial)

_______ (c)            Tenant has received copies of all information listed above.

_______ (d)            Tenant has received the pamphlet Protect Your Family from Lead in Your Home.

 

Agent’s Acknowledgment (initial)

_______ (e)            Agent has informed the landlord of the landlord’s obligation under 42 U.S.C. 4582(d) and is aware                of his/her responsibility to ensure compliance.

 

 

Certificate of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate.

 

____________________________________________                ____________________________________________                                  Landlord                                                        Date                Tenant                                                                                         Date

 

____________________________________________                _____________________________________________

Tenant                                                                            Date                               Tenant                                                                          Date

____________________________________________                _____________________________________________

Tenant                                                                            Date                               Tenant                                                                          Date

____________________________________________                __________