Dwell Well Residential Lease Template


RESIDENTIAL LEASE AGREEMENT

1. PartiesDwell Well Properties, LLC, with an office at 9 Rolling Green Drive, Wilton, New York 12831 (the "Landlord"), and *, residing at _______________, Apartment __, Glens Falls, New York 12801 (the "Tenant").


2. UnitThe Landlord agrees to rent Tenant the residential unit located at __ Rogers Street, Apartment __, Glens Falls, New York 12801 (the "Unit"). By signing below Tenant acknowledges inspection of the Unit and accepts it “as is” in its present good habitable condition. Tenant is also granted access to: __ parking spaces located ____________________ and assigned storage unit.


3. TermThe term of this Lease shall be for one year starting on the ___ day of _____________, 201__ and ending on the ___ day of ____________, 201__. Tenant must give Landlord thirty (30) days’ written notice prior to the end of the Term if Tenant would like to renew the Lease. No other persons besides Tenant shall occupy the Unit without the advance written consent of the Landlord. Tenant may not sublet or assign their interest in this Lease.


4. Rent; Late ChargesTenant agrees to pay rent of ________________ ($____.00) per month in advance on the 1st day of each month. If any rent payment is more than five days late, Tenant must pay a late charge of 5% of the overdue rent. 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 may constitute and be collectible as additional rent.


5. Security DepositTenant shall pay the sum of ________________-Dollars ($____.00) as a security deposit. Landlord agrees to refund the security deposit to Tenant within fourteen (14) days after Tenant surrenders the Unit, or the balance of such deposit after deductions are made for itemized repairs. Tenant agrees to be held liable for any damages to the Unit above and beyond the amount of the security deposit result from negligence, neglect, or the violation of other terms and condition stated in this Lease. The Tenant is responsible for damage to the Unit as a result of lack of routine housekeeping of the Unit. The Security Deposit may not be used as last month’s rent.


6. Utility Expenses.   During the Term of the Lease, Tenant shall pay any charges, if applicable, for phone, cable, internet and any other services contracted by the Tenant. Tenant is also responsible for: ☐ Water charges  ☐ Electricity ☐ Heat  ☐Gas/Oil


7. Improvements; Alternations.   Tenant cannot make any improvements or alterations to the Unit without the Landlord's prior written consent. Under no circumstances may Tenant change or add locks to the Unit without Landlord’s prior written consent. Tenant shall maintain the Unit in a clean and sanitary condition and take good care of the Unit and all equipment and fixtures. Landlord must be notified in writing immediately of any damage, dangerous conditions or any necessary repairs of the Unit and Tenant shall guard against loss to himself and others until Landlord shall have opportunity to inspect and rectify such issue. Tenant is responsible and liable for all repairs, replacements and damages resulting from acts or neglect of Tenant, or Tenant’s occupants, invitees or guests. If Tenant fails to make such repairs, the Landlord may, but is not required to, make such repairs on the Tenant's account, and such expense may be collectible as additional rent.


8. InsurancePrior to entering the Unit, Tenant must provide Landlord with a certificate of insurance or copy of the Declarations page showing that the Tenant has an active renter’s insurance policy with liability limits no less than $300,000.


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


10. DefaultIf 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 Unit 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. In the event any action is instituted at law to enforce any covenant contained in this Lease, Tenant shall pay such costs and reasonable attorney’s fees as may be determined by the court.


11. Landlord Indemnification.  Landlord shall not be liable for any damage or injury to Tenant, or any other person, or to any property, occurring on the Unit or any part thereof including parking and storage areas, and Tenant agrees to hold Landlord harmless from any claim for damages, no matter how caused.


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

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

  1. Tenant will not Violate any law or ordinance, including laws prohibiting the use, possession or sale of illegal drugs or controlled substances;

  2. Tenant will not 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. In addition to other remedies, Tenant gives the Landlord the right to charge $30 for any noise complaints after the 1st warning. Tenant may use the Unit only for his/her own residential use and shall not use nor occupy the Unit for any business purpose or use in a manner constituting a nuisance of any kind;

  3. The Tenant shall not use the Unit in any manner or for any purpose that will cause the increase or cancellation of any insurance coverage;

  4. All garbage is to be removed from Unit and entrances/exits thereto and disposed of properly;

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

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

  7. No free standing heaters (electric or kerosene) in the Unit;

  8. Unit and buildings are non-smoking areas, smoking only permitted twenty (20) feet from buildings;

  9. Any drains or waste pipes that become partially or fully stopped through Tenant negligence shall be repaired by Tenant or at Tenant’s cost;

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

  11. Tenant assumes the risk of damage or theft of his/her personal property and that of his/her guests and invitees of the Unit;

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

  13. 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;

  14. No waterbeds;

  15. Tenant shall not create any environmental hazards on the Unit;

  16. Smoke Detectors may not be removed or tampered with.


14. Animals.  Tenant shall be permitted to keep only the following pet(s) at the Unit: ______________________________________.  In consideration of Landlord permitting Tenant to keep a pet, Tenant shall provide an Additional Security Deposit of $______.


17. Miscellaneous.

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

  2. 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.

  3. 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 Unit' 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.

  4. Time is of the essence in all provisions of this Lease.

  5. This Lease contains the entire agreement of the parties relating to the subject matter and may only be amended in writing by the parties.  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.