Ondo lease agreement (M0471251.DOC;1)



L E A S E

LESSOR: Phillip Ondo and/or

Candida Ondo PROPERTY: _______________

2383 Lakeside Estates MORGANTOWN, WV 26505 MORGANTOWN, WV 26508 THIS UNIT IS LEASED AS

TELEPHONE: (304) 599-8329 ___FURNISHED

CELL PHONE: (304) 290-0750 (Maintenance)

1. This lease made this ____ day of ______, 2008 by and between Phillip Ondo and/or Candida Ondo LESSOR, and the individual/s who have signed this lease, LESSEE. The LESSEE is jointly and severally responsible for all portions of this lease including, but not limited to all financial, legal and unit/property damage matters.

2. TERM OF LEASE: LESSOR hereby leases to the LESSEE from 12 noon May 16, 2008 until 12 noon May 10, 2009 the unit stated above, a term of twelve consecutive months, less five days. MOVE OUT DAY IS MAY 10 AT NOON, 2009. IF YOU STAY BEYOND THIS DESIGNATED TIME YOU WILL BE CHARGED THE RATE OF $150.00 PER EIGHT HOUR PERIOD. WE HAVE A VERY LIMITED AMOUT OF TIME TO PREPARE THE PROPERTY FOR THE NEXT TENANT.

3. The total monthly lease rate is $____. The individual monthly lease rate is $ ____. All lease payments are due and payable to the LESSOR at the above address by the 16th of each month. Invoices will not be prepared and mailed to lessee/s. It is the responsibility of each Lessee to ensure that each payment is mailed in a timely manner to reach the Lessor by mail before the 16th of each month. Late fees of $2.00 per person, per day are applicable for those persons paying after the 16th of each month. If you plan to pay late, please call and inform LESSOR as to when payment can be expected. However, LESSOR will not waive late fees for any reason. If you do not pay your late fees, deductions will be taken from your security deposit at year’s end. A $25 per check fee will be charged for any check returned for any reason. Do not post-date checks without prior approval of LESSOR.

4. The last month’s (April 16, 2009 – May 10, 2009) individual lease rate of $___, will be prorated over the first three (3) months of the lease as follows. $___ is due on or before May 16, 2008; $___ is due on or before June 16, 2008 and $___ is due on or before July 16, 2008. By paying the entire last month’s lease rate in advance, no individual lease payment of $___ will be due on April 16, 2008.

(Lessee may also pay the entire last month’s rent in one payment if paid in full by May 16, 2008.)

5. All lease payments and any notices to the LESSOR are to be mailed to the address above. The LESSEE does hereby covenant with the LESSOR that the LESSEE will, during the said term of the lease, pay the lease payments at the time and in the manner specified in this lease, liability for total lease payments is joint and several. If the unit is leased to multiple LESSEES, whereas one or more of the multiple LESSEES does not pay his or her portion of the total rent on time, LESSOR will inform all LESSEES the total rent is past due. LESSEES are responsible for all unpaid portions of the total rent, and therefore it is every LESSEES right to be aware of his or her roommate’s late payments.

6. A joint and several FINANCIAL OBLIGATION FEE (FOF) (also known as a security deposit) of $____ is required at the signing of the lease. The FOF is for payment of any financial obligations to the LESSOR by the LESSEE. The FOF will be mailed to the LESSEE by the LESSORS, in part or in full, via U.S. Mail within ninety (90) days of the expiration of the lease, less any damage done to the unit/property, cleaning costs (if necessary), required carpet cleaning, key replacement costs, garbage removal, unpaid rent and/or late fees, all costs incurred (including a reasonable value for LESSOR’s actual time spent) to relet the apartment when the tenant is evicted or moves out before the expiration of the lease agreement, and any other financial obligations due to the LESSOR. All deductions will be itemized. It is your responsibility to inform the LESSORS of your correct forwarding address. Upon moving into the unit, LESSEE is responsible with providing LESSOR with a written, dated, and signed itemized list of any damage to the unit which exists upon LESSEE’s moving into the unit. If no such list is provided, it will be assumed that any damage to the unit was done by LESSEE and the expenses for such damage will be charged to the LESSEE’s security deposit. If the LESSEE continues to lease the unit after the first year, the existing security deposit, and any charges thereto, will roll over to the next year and a new security deposit will not be collected. When the LESSEE moves out of the unit, their security deposit will be returned within ninety (90) days of the expiration of the term of the lease less applicable charges as outlined above.

NOTE: LESSEE(S) MUST MAINTAIN THE FULL SECURITY DEPOSIT BALANCE THROUGHOUT THE LEASE TERM. IF LESSOR DISCOVERS WILLFUL DISTRUCTION AND DAMAGE DONE BY TENANT(S) OR GUEST(S) OF TENANT(S) LESSEE WILL BE BILLED FOR THE DAMAGE AT THE TIME OF DISCOVERY (SECURITY DEPOSIT IS NOT INTENDED FOR WILLFUL DAMAGE). IF LESSEE(S) LATE FEES TOTAL MORE THAN $100 LESSEE MUST PAY FEES (SECURITY DEPOSIT IS NOT INTENDED FOR SUCH PURPOSES).

7. LESSEE shall pay the following utilities which are marked LESSEE. The utilities which the LESSEE is responsible for paying must be transferred to the LESSEE's name on or before 12 noon May 16, 2008 and cannot be turned off before 12 noon May 10, 2009.

Electric: ______ Gas: _______ Sewer: ________ Garbage: _______

Water: _______

Parking Fee: Summer Parking $200 Fall Parking $250 Spring Parking $250

8. Any exception to this lease or work to be performed by LESSOR must be written by the LESSOR in this section:

9. Parking on LESSOR property is a privilege and not a right. Parking fees may be charged and are stated herein. Parking privileges can be revoked by LESSOR at any time for any reason. Parking privileges can and will be revoked if rental payments become delinquent. Parking is for LESSEE only. The LESSEE's parking permit must be hung from the rear view mirror of the LESSEE's vehicle any time the LESSEE's vehicle is parked on LESSOR run property. Lost parking passes will not be reissued. The parking areas are not swept, salted, plowed or patrolled by the LESSOR. LESSOR accepts no liability for any safety to persons or damage to vehicles in parking areas. By accepting a parking permit and/or using the LESSOR run parking areas, LESSEE accepts full liability and responsibility for any incidents, accidents or Acts of God which occur in the parking areas and holds the LESSOR and property owner harmless for any liability and damages concerning any incidents, accidents or Acts of God.

10. The rental unit is to be used by the LESSEE as a residence and not to be occupied by any other individuals than the individuals who signed the lease. Additional persons may occupy the rental unit only with the prior written consent of the LESSOR and an extra charge may be required. Said persons must also be bound by the terms and conditions of this lease. The LESSEE shall not sublet said premises or any part thereof without the prior written consent of the LESSOR. If LESSEE is permitted to sublet the rental unit; LESSEE is responsible for LESSORS’ time spent facilitating a sublet agreement on behalf of LESSEE, which includes, but is not limited to: preparing documents/ads/phone calls/travel/unit showings.

11. All needed repairs must be called into the LESSOR at (304) 599-8329 or 290-0750 immediately. If a repair is needed and not called into the LESSOR immediately by the LESSEE and the repair causes damage to the rental unit, other rental units or increase costs to the LESSOR such as in, but not limited to, leaking toilets (water bill), the LESSEE will be responsible for paying all charges resulting from the unreported repair. The LESSOR will make all arrangements for work to be done. Maintenance is scheduled on a priority basis.

12. The LESSOR, in person or by agent, shall at all reasonable times have the right to enter and view the condition of the premises, to show the same to prospective purchasers and renters, to ensure compliance with all the provisions and conditions of this lease and/or to make necessary repairs, alterations, or additions deemed necessary by the LESSOR for the preservation/upkeep of the unit or building. LESSEE is responsible for keeping premises, landings, steps, porches, lawns, driveways and parking areas clean and presentable at all times. If, upon an inspection of the premises, the LESSOR finds the unit to be unreasonably unsanitary, or the LESSOR is unable to comfortably walk through the unit (for a rental showing) due to LESSEES’ scattered trash or belongings, LESSOR will provide LESSEE with a written warning, detailing necessary cleaning to be completed in two (2) business days. If LESSEE fails to make the unit presentable, in the opinion of LESSOR, for the purpose of rental showings, the LESSEE will be required to hire and pay for a professional cleaning company to make the unit clean and presentable, as determined by LESSOR.

13. The LESSEE will not paint, wallpaper, or alter the unit or any part thereof without the prior written consent of the LESSOR. The LESSEE will not use any roof for any reason, or allow any guest to be on any roof of the rental unit. No major appliances (dishwasher, air conditioning units, etc.) shall be installed in the rental unit without the prior written consent of the LESSOR. LESSORS do not want people hurt or property damaged by incorrect installation.

The following “additional” charges apply if the LESSOR pays the electric utility: Air conditioner (installed by LESSEE) - $30/month/per unit; Small mini-refrigerators - $10/month; Reptile heat lamps - $10/month; Fish tanks (heated) - $10/month; Large Screen TV/$20/month. Additional Charges are to be included with the monthly rent for as long as above-mentioned appliances are contained in the rental unit. LESSEE is responsible for the additional A/C unit charges for as long as unit remains in the window(s). Additional fees will not be billed; Additional fees are to be submitted each month with LESSEE rent. If LESSEE fails to submit Additional Fees with rent, LESSEE account will be considered past due until Additional Fees are paid in full.

14. No more than three times the number of LESSEES are allowed in the leased premise at any one time; this expressly includes but is not limited to porches, decks and balconies. No LESSEE or GUEST is permitted on any rooftop surface of the leased premise at any time for any purpose. The LESSEE will not permit in the unit or on the unit premises loud parties or activities, which will in any manner, disturb, annoy, or cause discomfort to other residents. The LESSEE will be responsible for the conduct of friends/guests and any damage done they them. No unlawful business of any kind or character shall be done, carried on, or permitted on said premises. Violence of any type is prohibited.

15. The LESSOR will not be responsible for failures to water supply, electricity, gas, telephone or cable, etc., beyond his control. LESSEE will not be entitled to any rent/damage refund for any interruptions of such service.

16. The LESSOR accepts no responsibility and the LESSEE holds LESSOR/owner harmless for liability relating to the loss, damage or theft of any of the LESSEE's personal property, or resulting from an explosion, fire, mechanical failure of water, steam, electric, gas, sewer lines, or from any defective wiring, or for loss or damage resulting from the negligence of any other resident/person in the building, or for any other cause. Most insurance companies offer renter’s insurance to guard against this kind of personal property loss.

17. The LESSOR assumes no responsibility for personal items left in the unit or on the premises after the end of the lease. If the LESSEE leaves any personal items after the expiration of said lease, then the LESSOR assumes any and all discarded items are garbage. The charge for removal of items will range from $15 per garbage bag to $30 per bag or item for large/heavy items (larger than a 13-gallon garbage bag).

18. Normal business hours are from 9 am until 5 p.m. Monday through Friday. Holidays are exceptions.

Maintenance issues are to be called into the Maintenance Number: 304-290-0750.

19. No PET/s may be kept, watched or visit in/on the premises at any time. If the LESSOR finds/sees a pet, the pet must be removed immediately and a $100 penalty charge will apply. LESSOR will inform LESSEE of the pet violation and request immediate removal of the pet. If LESSOR finds/sees a pet after the first warning, in which LESSEE continues to harbor a pet, a second $100 penalty charge will apply each and every time LESSOR finds/sees LESSEE with a pet in/on the premises. In addition, if pet is not removed promptly, the LESSORS may decide at that time the LESSEE is in violation of the lease and LESSEE may be asked to leave the premises. LESSEE will be responsible for all damages and charges at that time.

20. Snow, ice, and proper trash removal/disposal are the responsibility of the LESSEE. All garbage must be stored and disposed of pursuant to City Code. LESSEE must place garbage in sturdy garbage bags; bags are then to be stored in garbage containers with attached lids (toters) or in a provided dumpster. If your rental unit does not possess the required garbage containers (toters), LESSEE is required to purchase the appropriate garbage container(s). If LESSOR must pick up LESSEE’S loose garbage and/or garbage bag(s) that have not been correctly placed in the appropriate garbage container(s), LESSEE will be charged a fee of $15.00 per garbage bag.

21. No combustion engines or flammable liquids are to be placed/stored in the unit. Vehicle repair is not permitted on the premises.

22. The unit that you have leased will be cleaned after the prior LESSEES move out. If the unit you have leased needs to be cleaned, it will be cleaned by May 16, 2008. LESSOR will try to expedite cleaning on a priority basis. If a unit is vacant for any amount of time, dust will gather. This does not mean the unit was not cleaned in May. In addition, if LESSEES plan on spending any time at all in the unit during the summer, LESSEE must have the water on and in working order for the toilets. We will not re-clean toilets due to use in the summer while water was not working. Painting and necessary repairs will continue throughout the summer; it is impossible to have every unit completely prepared by May 16, 2008. If upon moving in, LESSEE finds a needed repair, please inform LESSOR, and maintenance will be scheduled on a priority basis.

23. If entry to the unit or keys to the unit are required, a $10 service charge will apply after the first lockout.

24. Water beds are not permitted, unless LESSOR issues written permission, in the rental unit due to the damage they can cause. If LESSEE installs washer and dryer; LESSEE must purchase, install and use steel braided hoses to prevent water damage.

25. Halogen lamps are extremely dangerous and not allowed in the rental unit. Tiki torches are a fire hazard and are strictly prohibited. LESSEE may not burn any sort of fire (including metal fire pits) on LESSOR’S property. Extension cords are prohibited. Candles are prohibited. Grow lamps for plants are prohibited.

26. Space heaters or mini electric heaters of any type are not allowed in the rental unit.

27. LESSEE will be provided with an extensive cleaning checklist near the end of the lease. LESSEE will be responsible for completing all cleaning tasks upon said list to the satisfaction of the LESSOR. Upon the expiration of the lease and the departure of the LESSEE, the LESSOR will inspect the unit for damages and cleaning. Should any damages need repaired, the LESSOR will hire someone to repair them. Should, in the opinion of the LESSOR, the unit need cleaned, the LESSOR will hire someone to clean the unit at a cost of $15 - $25 per hour charged to LESSEE. The LESSEE is responsible for carpet cleaning costs. LESSOR will schedule carpet cleaning to be completed upon LESSEES’ departure. LESSEE may choose to hire their own carpet cleaning to be completed upon their departure, but only by a professional carpet cleaning company (Stanley Steemer). A paid invoice for the professional carpet cleaning shall be provided to the LESSOR. LESSEE may not shampoo carpets with home shampoo machines or rental machines. The LESSEE will be responsible for paying all of the above charges. In no case will any of the above charges be inflated; LESSEE will be billed for the actual cost charged to the LESSOR.

28. LESSEE will not remove any LESSOR-owned equipment, appliances or furniture from the unit. LESSEE assumes total responsibility for any damage or loss caused by their guest’s acts or neglect to any LESSOR-owned equipment, appliances, furniture or property. If LESSEE leased a FURNISHED unit, LESSOR will not remove any of the furniture. If LESSEE wishes to remove any furniture, LESSEE must make a written request to LESSOR; if LESSOR approves said request in writing LESSEE may remove and store LESSOR owned furniture at LESSEE’S own cost. Furniture must be returned to LESSOR by the end of the lease in the place and condition that it was originally leased to LESSEE.

29. The LESSOR or agents, on an occasional basis, will do maintenance/cleanliness inspections, between the hours of 9 am and 6 p.m.; but in all cases, advanced notice will be given to the LESSEE. LESSOR will not enter your rented unit unless you are aware of the entry.

30. The LESSEE must maintain the heat in the unit at a minimum of 60 degrees from October 1st though April 15th. DO NOT TURN YOUR HEAT OFF WHEN YOU LEAVE FOR VACATION! LESSEE is responsible for any and all damage caused by frozen pipes to their unit and any other unit should there be water damage resulting from LESSEE'S frozen pipes and failure to maintain heat.

31. No drugs except prescription drugs for the authorized person are allowed in/on the premises. The consumption of alcohol in/on the premises by persons under the legal drinking age is against the law and prohibited. Kegs of alcohol are prohibited in all common interior spaces of the structure as well as in the individual apartments. You are not permitted to have advertised parties or alcoholic parties where admission is charged. Trash and debris are not to be left scattered in or around the unit. If LESSEE fails to clean up premises after LESSOR request, LESSOR will hire the clean up done and LESSEE will be financially responsible for all costs. If LESSEE has a party or guests which spill out into interior hallways, LESSEE is responsible for clean up and any damage of said area. Trash bags are not to be left in the hallways/interior areas or on balconies. If LESSOR has to remove LESSEE trash from hallway or interior area or outdoor surrounding area LESSEE will be charged $15/per bag and/or an hourly clean-up fee of $15/hour. Trash and/or trash bags are not to be thrown from balconies, bags burst and create clean up for LESSOR, which will result in LESSEE being billed as stated above. In addition, LESSOR will report litter to the local authorities. DO NOT LITTER; you will receive a citation and a costly ticket!

32. Electricity can be harmful to humans and can cause fires if not used correctly. The Morgantown Housing Inspectors Office normally overlooks the use of power strips, but prohibits the use of extension cords.

33. Only LESSEES will be given keys to the unit, once each LESSEE has paid the first month’s lease payment. Exception: If LESSEES are multiple months in arrears with rental payments, keys will not be issued to any LESSEE of unit until full payment is received. Keys must be turned in at the end of the lease. If you lose your key, or do not return your key at the end of the lease, a key replacement charge of $35 will apply.

34. REFRIGERATORS: A refrigerator will freeze solid and be rendered useless if the control is turned past medium, even if for only a short period of time. When you move in, your refrigerator will have been set to medium. If you increase the setting past medium and refrigerator freezes, you will be charged to unthaw the refrigerator or fix/replace the refrigerator if it breaks. LESSOR is not responsible for refrigerated or frozen food which goes bad due to a refrigerator not working correctly. If LESSEE leaves food inside a refrigerator and disconnects electric or does not pay the utility leading to a disconnection and food or mildew result in ruining of a refrigerator; LESSEE will be responsible for the total replacement cost of a refrigerator of equal value.

35. ROOMMATES/CO-LESSEES: Should you or a roommate for your unit not move in, or move out, or not submit payment, the total lease amount is still owed to the LESSOR. If that roommate does not pay, the remaining roommates will be responsible for payment of the lease amount in total. LESSORS will hold all LESSEES to the full rental contract rate and term; NO EXCEPTIONS WILL BE MADE! If LESSEE does not return to school, LESSEE is required to contact LESSOR immediately to discuss the options. RELEASE OF FINANCIAL INFORMATION TO CO-LESSEES: LESSEES understand this is a joint, legally binding obligation. If payment is late from one LESSEE joint reminders may be sent to all LESSEES. Non-Sufficient Funds check issues are joint payment issues. Late and non-payment issues are joint payment issues. LESSOR has the legal right to discus all payment issues with each LESSEE. YOUR ROOMMATES HAVE THE RIGHT TO KNOW IF YOU ARE NOT PAYING YOUR RENT; IT IS NOT PRIVATE INFORMATION, THIS IS A JOINT LEASE!

36. SCREEN DOORS/WIDOW SCREENS/STORM DOORS: The LESSOR does not provide screens unless already installed.

37. SHOWER LEAKS: The most frequent cause of shower leaks is someone not closing the shower curtain properly and/or completely. The shower curtain must be pulled into the tub completely and closed on both sides of the shower. LEESSEE will be held responsible for water damage that is a direct result from repeatedly not closing the shower curtain on each end of the tub.

38. SIGNAGE: Any signage hung or attached to LESSOR property must be approved by LESSOR in advance. LESSOR will remove all signs that are not approved in advance. LESSOR reserves the right to place signage of his/her choice on the building or property at any time.

39. SMOKE DETECTORS: By Law, smoke detector/s have been placed on each floor of the rental unit. The LESSEE is responsible for maintaining the smoke detector/s and can be fined up to $500 per smoke detector if the smoke detector is rendered inoperable. Some smoke detectors are battery operated and some are hard wired. If your smoke detector "chirps", it needs the battery replaced. LESSEE must replace needed batteries. LESSEES are not to remove the batteries from the smoke detector(s).

40. STORM WINDOWS: Some rental units have storm windows. If yours does, please remember to lower the glass portion of the storm window when it gets cold and you will reduce fuel bills and stay warmer.

41. TOILET CLOGS: Toilets do not just break, but they do overflow when they are clogged. LESSEE is responsible for payment to have toilets and/or sinks unclogged if the situation occurs frequently. LESSEE agrees to purchase a full sized toilet plunger to use in case of a toilet clog. If you do not know how to use a plunger, please call 290-0750 and Maintenance will explain it to you. LESSEE is responsible for all water damage. Do not flush cleaning wipes, paper towels, sanitary items, or contraceptives down the toilet.

42. UNIT SHOWINGS: LESSEE'S unit will be placed on the rental market in November. If you wish to lease your unit for another year, you must inform the LESSOR by November 1st 2008. It is your responsibility to contact us and schedule an appointment to sign the lease for an additional year. If you fail to do so, the unit is shown and leased on a first-come, first-serve basis—NO EXCEPTIONS!! LESSOR will try to notify LESSEE of potential showings the night before and LESSEE agrees to keep the unit clean and respectable at all times. Sometimes, the LESSOR will be unable to notify the LESSEE in advance of showings due to changing demands in the marketplace, but will make themselves known before entering the unit. Normal hours for unit showings are between 9 a.m. and 8 p.m. Monday through Saturday.

43. BLINDS: LESSOR furnishes these items where previously installed.

44. UTILITIES: When you sign up for utilities, ask about their budget plans. Dominion Hope (gas) and Allegheny Power both offer budget plans which will help you budget your expenses. If you do not sign up for the budget plans, your bills will be lower in the summer and higher in the winter.

Allegheny Power (Electric): (800) 255-3443 open 24 hours

Dominion Hope (Gas): 296-3481

Morgantown Utility Board “MUB” (Water/Sewer): 292-8443

Allied Waste (Garbage): 1-800-696-3173 or (304) 366-8900 or

Suburban Sanitation (Garbage): 296-8214

Comcast (Cable): 1-800-COMCAST

Verizon (Telephone): 284-0501

45. UTILITIES INCLUDED RENTAL UNITS: If LESSEE'S unit is leased to you with any or all utilities included, it is up to the LESSEE to conserve utilities as if you were paying for them yourselves. LESSEE will not leave appliances, stereos, TVs, etc. on when not in the unit. LESSEE will not have windows open while the thermostat is on heating or cooling. LESSEE will not turn their thermostat above 74 degrees for heating or below 72 degrees for cooling at any time for any reason. If LESSEE has a leaking faucet, shower or toilet - they agree to report it as soon as they find it - not 24 hours later. If your toilet keeps running long after it is flushed, this needs to be reported immediately. If LESSEE does not conserve utilities, or does not timely report water leaks (in the opinion of LESSORS), it is agreed that the LESSEE will be charged a fee to be determined by the LESSOR and paid by the LESSEE (to be based upon previous invoices). There is a $30 per month per air conditioner charge for any air conditioners installed by the LESSEE. LESSEE is responsible for the $30/month A/C fee as long as the unit remains in LESSEE’s window, whether the A/C is used or not. LESSEE MUST SUBMIT $30 A/C FEE WITH RENTAL PAYMENT; LESSOR WILL NOT ISSUE A/C IINVOICES. LESSEES’S RENT WILL BE CONSIDERED IN ARREARS IF A/C FEES ARE NOT SUBMITTED WITH RENTAL PAYMENTS. LESSEE must obtain permission from LESSOR prior to installing any appliance.

46. WASHER/DRYERS/DISPOSALS/DISHWASHERS: If LESSEE'S unit is equipped with any LESSOR owned appliances as mentioned, LESSEE is responsible for maintaining these appliances in good working condition. If LESSEE causes one of these appliances to malfunction or be rendered inoperable, due to misuse, LESSEE will be responsible for paying to have the appliance fixed or replaced, depending on the damage.

47. WATER PROBLEMS: Water can do major damage in a short period of time. LESSEE agrees to report any water problems to LESSOR immediately, If your toilet takes more than 2 minutes to fill up and shut off after you flush it, you have a water problem. A toilet that runs constantly or leaks can increase a water bill by $100 or more in just a few days. The LESSOR will fix leaking/running toilets at not cost to you, if there has been only normal wear and tear on the toilet.

48. DESTRUCTION OF LESSOR'S PROPERTY WILL NOT BE TOLERATED.

49. LESSEES agree to provide LESSOR with their new telephone number as soon as the telephone company assigns the number. LESSEES must provide LESSOR with valid e-mail addresses and inform LESSOR of changes in e-mail. This is important so that we may contact you in case of an emergency and/or to conduct normal business. If you choose not to have a land telephone, you must provide us with a valid cellular number where you can be reached. In addition, if your parents/emergency contact relocates, you must contact us with the new information, so that we may maintain current records.

50. If you lease a furnished apartment, LESSOR will not remove furniture. If you choose to remove furniture, you must store at your own cost, in an approved location. You are responsible for replacing the furniture if you choose to remove and store it. All tenants must use a standard bed frame and a mattress cover is required.

51. You will be provided with a cleaning checklist before you vacate the apartment. If you do not receive the checklist, it is your responsibility to request the checklist from LESSOR. You must complete all items on the checklist to LESSOR satisfaction upon your move.

52. RETURNED CHECKS: Non-Sufficient Funds Checks and other checks returned to LESSOR as unpaid for any reason are to be replaced in the initial amount of which they were written, regardless of rent due at the time of returned check. Example: LESSEE issues LESSOR $1,000.00 check payment that is returned unpaid to LESSOR. LESSEE owes $650.00 at the time of $1,000.00 payment. LESSEE must replace all $1,000.00 funds plus the $25.00 returned check fee.

53. It is agreed that no waiver by LESSOR of any breach of any covenant, term, condition, or provision herein shall operate as a waiver of the covenant, term, condition or provision itself. For example, acceptance of a late rental payment from LESSOR once does not constitute an implied waiver of the requirement that rental payments be made on time in the future, and will not prevent the LESSOR from evicting the tenant if future rental payments are not made in a timely manner.

54. This lease is made upon the express condition that LESSEE shall perform all the conditions, terms, covenants, and provisions contained herein, including the provision for the prompt payment of rent in the amount and manner herein provided, and if LESSEE shall at any time during occupancy of the leased premises fail to pay any monthly installment of rent within five days after the same becomes due and payable, or shall otherwise violate any of the conditions, terms, covenants or provisions herein contained on LESSEE’s part to be kept and performed, then, in either case, LESSOR may consider the LESSEE in default under this lease agreement and, upon ten days’ written notice to LESSEE, and LESSEE’s failure to cure said default within such ten-day period, re-enter and take possession of the leased premises, and the leasehold estate created hereby shall thereupon cease and be terminated. In addition to the foregoing, LESSOR hereby reserves all rights given to landlords under the laws of the State of West Virginia for the collection of rent and recovery of possession of the leased premises. In an action to recover rent or for possession, such action may be brought in LESSOR’s name alone or any duly authorized agent of LESSOR.

THIS IS A LEGALLY BINDING AGREEMENT. LESSEE/s has/have viewed the rental unit for this lease and have deemed it to be fit and habitable. LESSEE has read the above lease and LESSEE was given the opportunity to ask LESSOR questions and/or obtain independent advice. LESSEE understands the rental agreement and promises to abide by all rules stated herein. This agreement is governed by the laws of the State of West Virginia. Venue for any litigation shall be in Monongalia County, West Virginia, and LESSEE consents to the jurisdiction of the courts of the same. This lease contains the entire agreement between the parties and no modification of this lease shall be made except in writing signed by all parties to this lease. LESSEE has read this lease and agrees to all terms, conditions, provisions and covenants stated above.

LESSEE #1: __________________________________________________________________

Print Name Social Security #

___________________________________________________________________ Print Permanent Info: Parent Name, Address, and Telephone Number(s)

___________________________________________________________________

E-mail address

___________________________________________________________________

Signature/Date Current Phone/Cellular Number(s)

LESSEE #2: __________________________________________________________________

Print Name Social Security #

___________________________________________________________________ Print Permanent Info: Parent Name, Address, and Telephone Number(s)

___________________________________________________________________

E-mail address

___________________________________________________________________

Signature/Date Current Phone/Cellular Number(s)

___________________________________________ LESSOR SIGNATURE / DATE

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