LEASE
AND RENTAL AGREEMENT
This lease made and
entered into this ____ day of
December, 2009, at Columbus, Franklin County, Ohio, by and between
the undersigned LANDLORD and TENANT, WITNESSETH:
That LANDLORD, in
consideration of the rents to be paid and the agreements to be performed by TENANT,
has leased to TENANT an apartment located at ____________,
This is a ( )
Furnished, ( ) Partially Furnished,
or (X) Unfurnished unit.
1. TENANT shall make only online rent payments.
Payments must be made online by
George
Kanellopoulos
Business Hours: Monday
- Saturday
Phone numbers: 614-299-9940, 614-226-4134 (mobile), FAX: 239-591-1584
E-mail address: GeorgeK@OSUproperties.com
Website address: www.OSUproperties.com
2. TENANT shall pay jointly in one transaction, or separately in as many
transactions as the number of tenants on the lease, totaling the amount due for rent.
3. Rent paid after the 1st day
of each month, shall subject TENANT to a service charge of $40 dollars. In
addition a $5 per day service charge will be assessed beyond the 2nd
day, regardless of holidays or weekends. In the event LANDLORD elects to
terminate this lease for non-payment, or breach of other condition(s) of this
lease, LANDLORD may possess the premises in accordance with Section 1923
of the Ohio Revised Code.
4. TENANT further agrees to the “terms
of use” of RENTPAYMENT as listed at www.rentpayment.com/terms.html.
Any payment that TENANT makes and is reversed (not paid to LANDLORD) by
RENTPAYMENT, TENANT will be charged the charges shown in paragraph 3 until the
rent is paid in full.
5. TENANT shall pay all utilities except
_____________, and shall sign for same with each utility company on the first
day of the lease. If separate utility meters do not exist, TENANT shall pay
prorate share of each utility per unit. If the unit rented by TENANT is a
single house and water is not included in the rent payment, the water utility
account will be in LANDLORD’s name and TENANT will
pay $17 dollars per month per person for water in addition to the monthly rent
payment. The difference between what TENANT has paid
and what LANDLORD has paid during the lease period will be accordingly credited
or debited to the security deposit. If TENANT’s rent
includes utilities, TENANT shall not waste utilities i.e. leave windows or
doors open while heat or air conditioning is ON, have a water fixture (faucet,
toilette) drip, run or malfunction and not promptly notify LANDLORD, so LANDLORD
can fix problem, etc.
6. TENANT agrees the premises will be
used for residential purposes only and will be occupied only by persons having
written lease and rental agreement with LANDLORD or assignee of TENANT hereinafter
who must be approved by LANDLORD in writing.
7. Each TENANT sharing the apartment
shall be JOINTLY and SEVERALLY liable for the entire term of this lease.
8. The premises will not be used for any
unlawful purpose, or for any purpose deemed hazardous by LANDLORD or by LANDLORD's insurance company because of fire or other risk.
9. TENANT further covenants and agrees
to execute and comply promptly with all statutes, ordinances, rules, orders and
regulations of Federal, State, County, and City governments regulating the use
by TENANT of the premises. TENANT will not use, or permit the premises to be
used, in any noisy, boisterous or other manner or use that will tend to create
a nuisance or otherwise unnecessarily disturb or offend neighboring residents,
nor will TENANT use, or permit the premises to be used, for any purpose deemed
extra hazardous on account of fire or otherwise.
10. ABSOLUTELY NO PETS shall
be permitted anywhere on the premises, even
for a few minutes visit. Effective the day of witnessing a pet on the
premises the rent will increase by $200.00 per monthly installment for the
remainder of the lease term, including the month in which the pet was
witnessed, even if the pet is subsequently removed from the premises. Furthermore,
violation of this section shall entitle LANDLORD, at its option, to terminate
the lease in accordance with procedures defined in paragraph 3 of this lease,
and sue for breach of contract.
11. No holes or stickers are allowed inside or
outside the apartment; however, a reasonable number of small nail holes for
picture hanging are permitted.
No adhesive-back hangers or sticky substances are allowed. No painting by
TENANT will be permitted. When TENANT moves in, LANDLORD shall furnish
light bulbs for fixtures furnished by LANDLORD; thereafter, light bulbs of the
same wattage shall be replaced at TENANT’s expense.
TENANT is responsible for replacing the battery in a digital thermostat. Mini blinds are provided as
courtesy to TENANT and TENANT is responsible for any damaged/dirty mini blinds.
If a fireplace exists in the apartment/house, LESSEE is not allowed to
use it at any time. TENANT is responsible for any TV cable, internet or phone
repair/installation expense.
12. TENANT shall, at all times, keep the premises orderly, safe and free from
rubbish, debris, litter and dirt and shall store all trash and garbage within
ample and appropriate containers, so that such trash and garbage can be picked
up by the appropriate government authority, or private contractor designated to
perform such function. TENANT shall keep premises free of insects, rodents,
vermin and other pest and shall not cause or permit objectionable odors to
emanate or to be dispelled from the premises. In the event that exterminating
services are required in respect to the premises, and it is determined that it
is due to TENANT's negligence, TENANT shall be
responsible for the cost thereof. Only exterior use (patio) furniture is
allowed to be used on porches or decks of the premises. No pools or furniture
of any kind are allowed to be placed anywhere on the exterior of the premises. TENANT
is not allowed on any roof structure of the premises (i.e. porch roof) for any
reason, other than in an emergency. TENANT is responsible for removal of ice
and/or snow around the premises. If the premises are an apartment building with
apartments’ entrance door facing outside, TENANT is responsible for removing
ice and/or snow, only in the immediate area in front of TENANT’s
apartment. No smoking inside the house, apartment or apartment building hall is
allowed. No beer kegs and no candles are allowed anywhere on the premises,
inside or outside the house or apartment. No make-shift furniture (i.e. table
with plywood top) will be used on porch, deck or anywhere on the premises. TENANT
shall not erect any kind of signs, banners, fences, speakers, satellite dishes
or antennas, on or around the premises.
No lumber or construction materials of any kind will be allowed anywhere
on the premises. TENANT is not allowed to park on the yard, grass, or
any area of the premises that is not designated for parking. TENANT shall be responsible for any damage to
yard including ruts and holes caused by improper parking. TENANT shall not store anything in furnace area or furnace
room. No wires of any type shall be strung across the floor,
whether taped to the floor or not. No extension cords are allowed anywhere
on the premises. Only a cord with a circuit protection strip is allowed.
Any cord placed in the strip must go directly to the appliance it serves. No fire pit, or open flames of any
kind are allowed anywhere on the premises. No charcoal or gas grills are
allowed anywhere on the premises.
13. TENANT shall be responsible for the maintenance of
stopped up toilets and garbage disposal as well as for all door/window/glass
breakage and screen damage. TENANT is also responsible for any drain or
plumbing backups, i.e. tampons, food, bottle-caps, hair clogs, etc.
No repairs will be made or credit allowed for repairs without written
approval of management. TENANT is responsible for and agrees to pay for damage
done by wind, rain or cold weather caused by leaving windows open. TENANT must
set the furnace(heater) thermostat in the premises no
lower than 65 F degrees during Winter months and is responsible for and agrees
to pay for frozen/burst water lines and fixtures and all damage resulting therefrom.
14. TENANT
shall keep all smoke and carbon monoxide detectors in good working order,
including keeping batteries which work in each detector, and regularly test all
smoke and carbon monoxide detectors and notify LANDLORD in writing of any
mechanical failure, need for repair, or replacement. TENANT is responsible for
having the carpet professionally steam cleaned at the end of TENANT’S tenancy,
at TENANT’s own expense and to provide LANDLORD with
the original receipt (not a copy) for that service.
15. TENANT will deposit
with LANDLORD a sum, equal to one month's rent, as security deposit, to
guarantee the return of the premises and carpeting in as good or better
condition as when initially occupied. Reasonable wear and tear is accepted. The
security deposit shall NOT be applied toward any month's rent. Said deposit
will be postmarked and returned to TENANT within thirty days after the
expiration of the lease under the following conditions:
A. All
keys are returned to the office together with the carpet cleaning receipt, the
property is vacated in clean condition by the last day of the lease period and,
B. LANDLORD'S inspection reveals
no damages to the premises, reasonable wear and tear excepted and,
C. All
TENANTS have signed a written request designating the name, address and phone
number of one individual to receive the entire deposit.
If the conditions of this
lease are not complied with including rent not timely paid or if other
conditions or requirements of this lease are breached or violated by TENANT,
then the whole or a fractional part of the deposit may be retained by LANDLORD
as partial liquidated damages without prejudice to the rights of LANDLORD to
recover such damages as he may be entitled to.
16. If TENANT loses a key, LANDLORD may
charge a $5.00 replacement fee. TENANT is not allowed to duplicate keys or
change locks without LANDLORD's permission. All
lockout calls made by the LANDLORD shall be charged to the TENANT at
thirty-five ($35.00) dollars per call between
17. It is highly recommended that TENANT
carry renter's insurance to cover any loss or damage of TENANT(S) (or any other
occupants) personal property caused by fire, leakage or flow of water,
explosion, sewer backup, rain or any other insurable hazards regardless of the
cause thereof, and TENANT does hereby release LANDLORD from any and all
liability for such damage or loss. If the premises are rendered unusable by
fire, flood, or other casualty, LANDLORD at his option may repair the premises
or terminate the lease.
18. No rebate will be made for vacating
the unit prior to the end of the rent period.
19. TENANT shall not assign this lease or
sublet the premises without written consent of LANDLORD. A damage deposit
equal to (1/number of TENANTS) of the total monthly rent amount will be
required by each SUBTENANT in addition to the one month's rent damage deposit
of the original TENANTS. All deposit will be handled according to paragraph #15
here above. Sublet fee is $100 dollars.
20. TENANT shall be responsible for
any damage to the premises or carpeting therein whether caused by TENANT, other
occupants or visitors to the apartment.
21. LANDLORD or his agent or employee may
inspect in the event of an emergency. However, if there is no emergency
situation, a 24-hour notice to TENANTS shall be given via e-mail for an
intention to enter by LANDLORD, his agent or employee. TENANT shall keep all bedroom doors unlocked during showings to
prospective tenants.
22. TENANT shall not install equipment,
waterbeds, window A/C units, use space heaters, or make alterations, additions,
or improvements to the physical structure of the premises without written
consent of LANDLORD.
23. LANDLORD agrees that if TENANTS
perform all of the covenants herein, they shall be entitled to possession of
the herein premises during the term of this lease. Failure of LANDLORD to
exercise his rights in respect of any default shall not be construed as a
waiver respecting any subsequent default.
24. The execution of this lease by TENANT,
LANDLORD, and GUARANTOR(S) shall constitute the transaction of business in
25. TENANT agrees to have his/her
GUARANTOR(S) execute the Guaranty of this lease within 10 days after the date
hereof. If he or she fails to do so, LANDLORD may terminate this lease at any
time by giving notice thereof to TENANT and use the deposit to recover the cost
associated with re-renting the unit.
26. Residents
remaining in the unit beyond the last day of their lease, without renewal or
permission will be charged the prorated rent per day plus an additional service
charge of $200.00 per day. In addition, LANDLORD may proceed with an eviction
action and sue for damages arising out of the late move out.
27. TENANT,
within 7 days from receiving the keys to the premises, will e-mail LANDLORD,
describing in detail the condition of the premises at move-in time. If TENANT
does not notify LANDLORD as described above, within 7 days from receiving the
keys to the premises, describing in detail the condition of the premises, the
premises will be considered to be with no problems or concerns and in excellent
condition. TENANT will promptly notify LANDLORD of the need for repairs/maintenance. All repairs/maintenance requests are
to be e-mailed to LANDLORD by using the link http://www.OSUproperties.com/maintenance.html
at www.OSUproperties.com and be very descriptive. In case of an
emergency only, TENANT shall ALSO CALL LANDLORD in addition to e-mailing.
OTHER TERMS: This Lease
and Guaranty (attached as exhibit A) contain the final and entire agreement
between the parties hereto (including guarantors) and no party (including
guarantors) shall be bound by any term, condition, or representation, oral or
written, not set forth herein. IN TESTIMONY WHEREOF THE
PARTIES HAVE SIGNED THESE PRESENTS ON THE DAY AND YEAR HEREIN BEFORE WRITTEN.
The undersigned have
read and understand the terms herein and intend to become legally bound upon
execution and have received a copy of this agreement.
TENANT Sign
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Print Name _______________________________________ Date ________________
TENANT Sign
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Print Name _______________________________________ Date ________________
TENANT Sign
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Print Name _______________________________________ Date ________________
TENANT Sign
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Print Name _______________________________________ Date ________________
TENANT Sign
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Print Name _______________________________________ Date ________________
TENANT Sign
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Print Name _______________________________________ Date ________________
TENANT Sign
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Print Name _______________________________________ Date ________________
By LANDLORD________________________________________
GEORGE KANELLOPOULOS
Property Owner/Manager