Dwell Well Residential Lease Template


RESIDENTIAL LEASE AGREEMENT

THIS LEASE is made and entered into by and between Dwell Well Properties, LLC, with an office at ______ (the "Landlord"), and __________________, residing at _______________, Apartment __, Glens Falls, New York 12801 (the "Tenant").

1. Premises; As Is; Use. The Landlord of _____ New York, hereby leases to the Tenant and the Tenant hereby leases from the Landlord the residential unit located at __, Apartment __, Glens Falls, New York 12801 (the "Premises"). The Tenant has inspected the Premises and by the execution of this Lease accepts same “as is” in its present condition and acknowledges that it is in good habitable condition. Tenant shall also be permitted to park two cars in parking lot behind Premises and may utilize assigned storage unit. Tenant indemnifies and holds harmless Landlord from all liability associated with storage units and Tenant is solely responsible for all items lost/damaged/stolen and for any locking mechanism (which must be removed prior to vacating Premises) associated with storage unit. The grounds and property surrounding the tenants Premises are not subject to this Lease and remain the property of the Landlord.

The Tenant agrees to keep the Premises in good condition and return it at the end of the term in the same condition. Tenant shall use the Premises only for his/her own residential use and shall not use nor occupy the Premises for any business purpose or conduct its use in a manner constituting a nuisance of any kind. The Tenant shall not use the Premises in any manner or for any purpose that will cause the increase or cancellation of any insurance coverage. The Premises shall be occupied by the following persons only: __________________

No other persons shall occupy the Premises without the advance written consent of the Landlord.

2. Term; Option to Renew. The term of this Lease shall be for twelve (12) months. The Term shall commence on the ___ day of _____________, 201__ and terminate on the ___ day of ____________, 201__. Tenant must give Landlord thirty (30) days’ written notice prior to the Term’s termination if Tenant would like to renew the Lease.

3. Rent; Late Charges. The Tenant agrees to pay rent in the sum of ________________ (______) per month.

The Tenant shall pay such rent monthly, in advance. If any rent payment is more than five days late (i.e. not received by the Landlord by the fifth (5th) day of the month), the Tenant shall pay as additional rent a late charge of $25. After 15 days late the late charge is an additional $50 and/or eviction. Tenant will be charged a $25.00 fee for all returned checks. After the receipt of one returned check, Landlord may require that rent be paid by cash or certified check or money order. Any penalties, charges or fees incurred by Tenant and owed to Landlord may constitute and be collectible as additional rent.

4. Tenant Responsible for Utility Expenses Associated with Premises. Tenant shall pay all charges, if applicable, for water, electricity, phone, cable, internet and any other services contracted by the Tenant for use by the Tenant during the term of this Lease.

5. Improvements; Alternations. The Tenant shall make no improvements or alterations to the Premises without the Landlord's prior written consent. Any improvements made to the Premises by the Tenant during the term of this Lease shall, at the Landlord’s discretion, be removed prior to Tenant vacating the Premises or become the property of the Landlord at the expiration of the Lease term. Under no circumstances shall Tenant change or add locks to the Premises without Landlord’s prior written consent. Upon surrender or abandonment of the Premises, the Landlord shall not be responsible for storage or disposition of the Tenant's personal property. Landlord may dispose of all abandoned property on the Premises. Property shall be considered abandoned if it remains in the Premises after Tenant has surrendered the keys or upon Tenant’s abandonment of the Premises.

6. Insurance. Prior to entering the Premises, the Tenant shall provide the Landlord with a certificate of insurance or copy of Declarations Page showing that the Tenant has an active renter’s insurance policy with liability limits no less than $300,000. All insurance provided for in this Section shall be effected under valid and enforceable policies issued by insurers of recognized responsibility which are licensed to do business in the State of New York. Each such policy shall contain an agreement by the Issuer that such policy shall not be canceled without at least thirty (30) days prior written notice to the Landlord.

7. Indemnification of the Landlord. Landlord shall not be liable for any damage or injury to Tenant, or any other person, or to any property, occurring on the Premises or any part thereof, and Tenant agrees to hold Landlord harmless from any claim for damages, no matter how caused.

8. Destruction of Premises. In the event of a partial or complete destruction or condemnation of the Premises structures, this Lease may be terminated at the option of either party. Any condemnation awards shall be the property of the Landlord.

9. Right to Enter/Show Premises. The Landlord, or its agents, shall have the right at any reasonable hour to enter and inspect the Premises to make repairs or alterations or to show it to prospective purchasers during the entire term of this Lease.

10. Tenant's Obligation to Maintain, Repair and Replace. The Tenant shall maintain the Premises in a clean and sanitary condition and take good care of the Premises and all equipment and fixtures contained therein. Landlord must be notified in writing immediately of any damage to the Premises or any necessary repairs of the Premises. Tenant is responsible and liable for all repairs, replacements and damages caused by or required as a result any acts or neglect of Tenant, or Tenant’s occupants, invitees or guests. If Tenant fails to make such repairs, the Landlord may, but shall not be required to, make such repairs on the Tenant's account, and the expense thereof may constitute and be collectible as additional rent. The Tenant agrees at the expiration of this Lease or upon earlier termination thereof, to quit and surrender said Premises, and all equipment and fixtures contained therein, in good condition and repair, reasonable wear and tear excepted.

11. Mortgages, Assignments, Subleases and Transfers of Tenant's Interest. This Lease and the Tenant's interest therein shall not be sold, assigned, sublet, transferred, mortgaged, pledged, or otherwise disposed of, without the Landlord's prior written consent. If such consent is given, the Tenant shall continue to be fully responsible for the due performance of the Tenant's obligations hereunder as if no such assignment, sublease or other transfer had been made.

12. Default/Abandonment. If Tenant defaults in the payment of rent or any other term or condition of this Lease, Landlord may elect to terminate the Lease, re-enter the Premises and remove the Tenant and all other occupants and their possessions. Tenant’s violation of any term of this Lease shall be considered a material default by Tenant.

If Tenant abandons or vacates the Premises during the Term of the Lease, Landlord may elect to re-enter the premises without liability for prosecution or owing damages to Tenant, and, at Landlord's option, re-let the Premises. Tenant shall be liable to Landlord for the expenses of re-letting and remain unconditionally liable for all future rent and obligations provided for hereunder. It shall be a default under this Lease if the Tenant shall vacate or abandon the Premises.

In the event any action is instituted at law to enforce any covenant contained in this Lease or to recover any rent due or to recover possession of the premises for any default or breach of this agreement by Tenant, Tenant shall pay such costs and reasonable attorney’s fees as may be determined by the court.

13. Violating Laws and Causing Disturbances. Tenant and guests or invitees will not use the Premises or adjacent areas in such a way as to:

Violate any law or ordinance, including laws prohibiting the use, possession or sale of illegal drugs or controlled substances; Commit or permit waster (severe property damage); Create a nuisance by annoying disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident, or their safety or comfort, or engage in any other objectionable conduct. Tenant shall not create any environmental hazards on the Premises. Tenant shall not do anything that increases the Landlord's insurance premium. Tenant gives the Landlord the right to charge $30 for any noise complaints after the 1st warning and the right to evict with 3 days’ notice if complaints continue.

14. Rules and Regulations. The Tenant covenants and agrees to the following:

  • All rubbish is to be removed from Premises and entrances/exits thereto and disposed of properly;

  • No grills or barbequing on or about the Premises. Barbequing must be done a minimum of six feet from a building on a nonflammable base;

  • No unauthorized appliances that require water or sewer hook-up may be installed;

  • No free standing heaters (electric or kerosene) in the Premises;

  • Premises are a non-smoking area, smoking only permitted twenty (20) feet from buildings;

  • Any drains or waste pipes that become partially or fully stopped through Tenant negligence shall be repaired by Tenant or the cost to repair reimbursed to Landlord;

  • No articles or belongings are to be left in outside hallways, patios or stairs;

  • Tenant assumes the risk of damage or theft of his/her personal property and that of his/her guests and invitees on the premises;

  • Tenant has a duty to notify Landlord of dangerous conditions or need for repairs and shall guard against loss to himself and others until Landlord shall have opportunity to inspect and rectify;

  • Any unlicensed, inoperable or unused cars left in parking lot will be towed at owner's expense;

  • Missing or defective light bulbs are at a cost of $5.00 each when Tenant vacates unit, including lights in the basement and/or attic;

  • Failure to return keys when Tenant vacates will necessitate a lock change. Locks are approximately $35.00 each, plus installation labor costs, such costs will be paid by the Tenant;

  • Lockouts are $35.00 per occurrence and payable at the time of opening;

  • No waterbeds;

  • Smoke Detectors may not be removed or tampered with.

15. Security Deposit. Tenant shall pay the sum of _______ as a security deposit as security for Tenant's performance of this Lease and against any damages caused to the residence. Landlord agrees to refund the security deposit to Tenant within thirty (30) days after Tenant surrenders the premises, or the balance of such deposit after deductions made for repairs. Tenant agrees to furnish Landlord with his or her forwarding address for purposes of security deposit refunding. Unless otherwise required by law, the Security Deposit shall be kept in a non-interest bearing account and shall not accrue interest. The unused portion of the security deposit will be refunded within 30 days from the day the Tenant last occupied the residence. The Tenant agrees to be held liable for any damages to the rented premises above and beyond the amount of the security deposit as the result of negligence, neglect, or the violation of other terms and condition stated in this Lease. The Tenant will be responsible for damage to the premises as a result of lack of routine housekeeping of the premises being rented. The Security Deposit may not be used as last month’s rent.

16. Animals. Tenant shall be permitted to keep only the following pet(s) on or about the Premises: ______________________________________. In consideration of Landlord permitting Tenant to keep a pet on Premises, Tenant shall provide an Additional Security Deposit of $______.

17. Miscellaneous.

a. The paragraph captions in this Lease are for convenience only and shall not in any way limit of be deemed to construe or interpret the terms and provisions thereof.

b. This Lease shall be construed and enforced in accordance with the laws of the State of New York.

c. This Lease, subject to the prohibition against assignment and subletting contained herein, shall inure to the benefit of and be binding upon the parties hereto, the legal representatives, heirs and distributees, successors and assigns of the Landlord, and any successors and assigns of the Tenant.

d. Any notice provided for hereunder shall be in writing and may be mailed using regular U.S. mail and using the above address for the Landlord and the Premises' address for the Tenant, or to such other address as either party may from time to time designate in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the U.S. mail. e. Time is of the essence in all provisions of this Lease.

f. This Lease contains the entire agreement of the parties relating to the subject matter hereof, and it may not be validly amended, supplemented or discharged except by a written instrument executed by the parties hereto. No waiver of any condition, covenant, term or provision of this Lease shall be deemed to constitute a waiver of any other breach of the same or of any other condition, covenant, term or provision hereof.

18. Modifications. This Lease shall be modified as follows:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________

IN WITNESS WHEREOF the Landlord and the Tenant have executed this Lease as of the _____ day of ________________, 201__.