PARK PLACE - MERIDIAN  APARTMENTS

LEASE AGREEMENT Between

Lessee Name:  

Apartment : Old Porter Road #              Portage, Indiana

Telephone:                   

and

Park Place  -  Meridian    Apartments

5990 Old Porter Road, #207 Portage, Indiana

Telephone: 219-762-6555 Fax: 219-763-1131.

Date of Lease: Apartment:

TERMS: Begin 12:00 noon Ends 12:00 noon

MONTHLY RENT: + MISC. FEE: = TOTAL MONTHLY RENT

Security Deposit:

Nonrefundable Pet Fee:

Misc. Fee:

Total Lease Amount:

In consideration thereof the Lessee promises to pay to the Lessor rent per month payable by check or money order at the office of the Lessor 5990 Old Porter Rd. #207, Portage, Indiana 46368 or such other place designated in writing by Lessor. Said rent shall be due and payable without notice in advance on the first day of each and every month of said term. Rents received after the 5th day of the month are subject to a $15.00 late charge and an additional charge of $40.00 if not paid by the 10th of said month. It is agreed by the Parties hereto that time and manner of payment is of the essence of this agreement. There will also be a charge of $25.00 for all checks returned to Lessor marked "insufficient funds", "account closed", or stopped payment.

1. SECURITY DEPOSIT Security deposits shall be refunded within a reasonable period of time after tenant has vacated premises and returned all keys. Upon surrender of the demised premises. Lessor shall inspect said premises within a reasonable time of surrender and at his discretion refund said deposit. The security deposit will be returned to Lessee less any expense caused Lessor by Lessee’s failure to leave said premises in the same condition as when Lessee took possession, including but not limited to, repainting the entire premises, professional cleaning, repair of the premises or any portion thereof and any and all other costs, expenses, fees, or other charges incurred by Lessor to restore said premises to the same condition as when Lessee took possession. This means PROFESSIONAL cleaning to our satisfaction of all carpeting, walls, bathrooms, kitchens, appliances, closets, etc. Security deposits shall not be used as rent. Security deposit will not be returned if lease is broken. If the lease is broken, their will be a Termination fee that is equal to (2) two months rent.

2. POSSESSION Landlord will not be liable for the failure to deliver possession of the leased premises other than to the extent of abatement of rent from the date of the commencement of this lease to the day possession is delivered to the tenant on the rental basis agreed upon in this agreement. No persons, including lessee, shall occupy the premises who has been convicted of any sex related criminal offense. Violation of any part of this section is grounds for immediate eviction and the termination of the lease.

3. USE The leased premises, or any part thereof, shall be used as and for a private dwelling only. Said premises shall not be used or occupied for a boarding or lodging house.

4. NOTICE TO QUIT If rent is not received by the 6th of the month, a 10 day notice to quit will be given. If rent is still not received after 10 more days, eviction proceedings will be begun at the cost to the tenant of $70.00 per Lessee, with an additional $10.00 fee for any other person on Lease.

5. MUSIC, ETC. Lessee shall not suffer or permit radios, television or musical instruments on the demised premises to disturb the neighborhood or occupants of the building containing said demised premises at any time.

6. UPKEEP Lessee shall not commit or suffer any waste to be committed in and about said premises or the building of which they are a part, and shall keep the demised premises, together with the fixtures and appurtenances therein and thereof, in good condition and repair and free from vermin and rodents, all at the expense of the Lessee, and shall yield the demised premises back to the Lessor upon termination of this lease, by the expiration of the term herein demised or an any other manner as provided for herein, in the same condition as of the date hereof, loss by reasonable wear and tear excepted. In the event the Lessee fails to keep the demised premises as aforesaid, the Lessor may enter the same and put the same in good condition, and the Lessee promises to pay to the Lessor the expense of so doing, which expense shall be in addition to the rent hereby reserved.

7. INSPECTION & REPAIRS The landlord may, during the term at reasonable times, enter to view the premises and may show the premises to prospective tenants in case of lease non renewal and may begin to show said premises at any time within 2 months preceding the expiration of the term. Landlord may also enter at any reasonable time for purposes of repair and maintenance and may do so with out notice in case of emergency to prevent damage to other apartments.

8. SIGNS Lessee shall not cause or permit the display of any sign or advertising matter upon or about the demised premises of the building of which it is a part without in each case the consent of the Lessor first had and obtained.

9. LANDLORD'S NON-LIABILITY It is agreed that the landlord, Lessor, it’s agents or employees, shall not be liable to the tenant or any other person on said premises, or in the building, by the tenant's consent, invitation or license, expresses or implied, for any damage, either to person or property, sustained by reason of the condition of the premises or building, or any part thereof, or arising from the bursting or leaking of any water, gas, sewer, or steam pipes or due to the act or neglect of any employee of the landlord, or the act of any co-tenant or any occupant of said building or other person herein, or due to any casualty or accident in or about said building. Landlord is non-liable for damage done to any personal property while using machines in common areas of building.

10. NO ALTERATIONS OR ADDITIONS will be made to the demised premises without the written consent of the Lessor first had and obtained. In the event any alterations or additions are made as herein provided, the same shall remain as part of the premises, unless the Lessor shall otherwise elect. It is understood that this shall include all fixtures. Tenant shall not install or maintain in the rented premises not attach to or affix to any part of the building, interior or exterior, anything such as radio or television antennas, dishwasher, clothes washer or clothes dryer or any other device of any kind in the operation of which electric current is employed, in whole or in part, without permission in writing first from the landlord or his agent, and any permission, if granted, shall be on the terms specified in such written agreement.

11. UTILITIES/HEAT Lessee shall furnish, at Lessee’s sole expense, heat, electricity and other utility service used by the Lessee on the demised premises.

12. ACCEPTANCE The Lessee has examined the premises and thereto prior to the execution of this lease and accepts the premises in their present condition. Taking possession by the Lessee hereunder is conclusive evidence of the receipt of the premises in good condition, order and repair, except as specified herein.

 

13. SUB-LETTING The Lessee promised not to Sublet any portion of said premises nor permit the same to be occupied by any person(s) other than Lessee and his household listed hereinafter nor assign this lease, nor permit because of default by the Lessee and transfer by operation of law without, in any and all such cases, the written consent and approval of the Lessor first had and obtained.

 

14. DAMAGES In the event the premises shall be rendered untenatable by fire, explosion or other casualty, or by act of God, Lessor may at its option either terminate this lease or repair said premises and put the same in tenantable condition within sixty (60) days. In the event the Lessor does not so rebuild, repair or restore within said period of time then this lease shall cease and terminate. The tenant is and shall be responsible and liable for any damage done to the leased premises or the building in which the same are located by the tenant, his employees, or any occupant of or other persons whom the tenant permits to be in or about the leased property.

15. SURRENDER At the termination of this lease, whether by lapse of time or on account of default of Lessee as herein provided, Lessee promises to deliver and yield possession to Lessor the demised premises, and deliver all keys to Lessor at the place where the rent is payable. If the Lessee fails to do so, then the Lessee promises to pay liquidated damages for such non-surrender a sum equal to double the rent herein specified for the time of such holding over. The acceptance by the Lessor of any such liquidated damages shall not bar any right of re-entry or constitute a waiver thereof, nor shall it be construed as an act of affirmation of the tenancy. Neither shall it constitute a waiver of any right of the Lessor to terminate this tenancy and to treat the Lessee as a "hold-over" tenant under the terms hereof. Thirty days notice of surrender prior to expiration of lease shall be given by the Lessee.

 

16. REMEDIES In case the Lessee defaults in the performance of the terms and conditions herein on his part to be performed, then this lease at the option of the Lessor shall terminate without notice or demand and the Lessor shall have the right to terminate this lease and re-enter and take possession of the demised premises. In the event such ouster occurs as herein provided, the same shall not be a trespass on the part of the Lessor nor shall it relieve Lessee from payment of rent due hereunder or be a waiver of any promise, covenant or agreement of the part of the Lessee to be kept and performed.

 

17. WAIVER The Lessee hereby waives the giving of any notice on the part of the Lessor hereunder .This shall include any demand for rent, notice to quit, demand for possession and any other notices required by the laws of the State of Indiana. Also the acceptance of rent after the same is due shall not be construed as any waiver of any right on the part of the Lessor to assert any right given to the Lessor under the provision of this lease. It is agreed that any waiver on the part of the Lessor of any of the terms, provisions, and conditions hereof shall be in writing.

 

18. LIABILITY The obligation of Lessee to pay the rent payable hereunder during the full term hereof, or during any extension hereof, or any hold-over tenancy, shall not be deemed to be waived, release or terminated by the service of any five day notice, demand for possession, notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer of ejectment of any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Lessee’s right to possession of the demised premises. The payment or receipt of rent due shall not waive or affect any such notice demand, suit or judgment, or in any manner waive, affect, change, modify or alter any rights or remedies of Lessor.

 

19. RELETTING In the event the Lessee shall vacate or abandon the demised premises, or default in the terms hereof, the Lessor may then re-let said premises at such rental and upon such terms and conditions as the Lessor may decide. Such re-letting shall not release or discharge the Lessee from the obligation to pay rent but in the event a deficiency arises, the Lessee promises and agrees to pay any such deficiency together with any and all expenses incurred by the Lessor in making such re-letting.

 

20. ABANDONMENT If tenant shall abandon or vacate said premises before the end of the term or any other event happen entitling landlord to take possession, landlord may take possession of the premises and re-let same without any approval from the tenant, nor in any way terminating the tenant liability for the rent still due, less the net amount realized from such re-letting after deduction of any expenses incurred during repossession and re-letting. Any possessions left to be removed by the landlord will be stored for a reasonable amount of time, then disposed of however landlord sees fit.

 

21. SERVICES AND UTILITIES Tenant agrees that all utilities and services furnished by the landlord shall be used in a reasonable manner, and the abuse of any of these shall be cause for termination of the lease. Landlord shall not be held liable for any injury or damage which may arise from his failure to furnish hot or cold water or heat, regardless of the cause of such failure or on account of any defect in the building, all claims for such injury being waived by the tenant. Landlord agrees to supply gas for hot water, water, sewer and refuse removal. Tenant agrees to pay all bills and charges for all other utilities, specifically electricity.

 

22. OCCUPANCY LIMITATION The tenant is in violation of the lease if any persons other than those listed on the lease are residing in the apartment. (Four people can occupy a 2 Bedroom and two people can occupy a 1 Bedroom.)

23. BINDING ON HEIRS All agreements of this lease shall be binding upon heirs, executors, & assignees of the tenant.

24. ATTORNEYS FEES SUCCESSION The Lessee promises to pay all costs, expenses and attorney’s fees which shall be incurred by the Lessor on account of any covenant or condition of this lease.

All covenants and agreements of this lease shall be binding upon and insure to the benefit of the heirs, executors, administrators and assigns of the Lessor and Lessee.

25. STORAGE All personal property placed on the leased premises, or in any storerooms or in any other portion of the said building, shall be the risk of the tenant, or the parties owning same, and the landlord shall in no event be liable for the loss or damage to such property or for any act or negligence of any co-tenants or servants of tenants or occupants, or of any other person in or about the building.

26. NOTICES All notices to be given by either party shall be in writing and given by personal delivery to the tenant or landlord, or sent by registered mail.

27. PETS No Dogs are allowed. Cats are welcomed with a $250.00 non-refundable fee. Having an unauthorized pet will result in forfeiture of your security deposit and possible eviction.

 

28. LOCKOUTS After hour lockouts are $25.00 to be paid at time of service. Lessee is responsible for any damage due to any forcible entry.

 

29. RULES An extra charge may be incurred for any extra unnecessary maintenance or cleaning required due to actions of the lessee. Lessee shall maintain a minimum of 50 degrees temperature at all time to prevent freezing and excessive condensation.

A. No additional locks or attachments may be made to any door; all lock changes will be made by Lessor, a charge will be incurred for each lost key.

B. Lessee agrees to purchase renters insurance or bear all risk of loss himself. Washing of or mechanical repairs to motor vehicles are not permitted on the premises.

C. No unlicensed, derelict and or other motor vehicles not in regular use (regular use shall be construed as a vehicle that is used less than once a week) or trailers shall be parked on the property or in adjacent streets without written permission on the Lessor, Motor vehicles are to be operated and parked only on the provided asphalt area.

D. No cooking shall be done in or about the apartment except in the kitchen. Cooking or barbecuing on a patio, balcony or within twenty (20) feet of any building; the storage of flammable fluids; the use of fossil fueled auxiliary heating devices; is expressly forbidden.

30. CONDITIONS TO VACATE THE SPACE.

1. Following the vacation of the apartment, the security deposit will be returned in 30 days.

2. Entire apartment must be cleaned thoroughly, incl. appliances, fixtures, floors, closets and cupboards.

3. Carpets must be professionally cleaned.

4. No damage to apartment beyond normal wear and tear.

5. All keys must be returned incl. mailbox.

6. A forwarding address must be left on counter in kitchen.

7. No late fees or other unpaid charges.

8. All rubbish must be removed from the apartment.

9. No wall coverings, stickers, scratches, etc.

 

The cost of labor and materials to clean, redecorate, repair, and replace damage to the apartment, and any unpaid rent will be deducted from the security deposit. The premises must be vacated by 12 noon on the last day of the lease. In the event the lease is broken for any reason, the security deposit will be considered minimum damages. If tenant chooses to renew the lease, notice must be given to the landlord 1 month before end of the lease.

31. CONCLUSION This lease is fully subject and subordinate to any and all mortgages, deeds of trust, security agreements and other liens against the property upon which the premises is located, whether now existing or created in the future. Lessee hereby attars to the holder’s may from time to time require. The foregoing adornment shall survive any foreclosure and may be accepted or rejected by such holders may from time to time require.

 

Notice shall be given one calendar month prior to the end of this lease of tenant's intention to vacate. Failure of tenant to give one month's written notice to vacate shall result in forfeiture of the entire security deposit. Upon receipt of notice by tenant to vacate the apartment, landlord may enter apartment with prospective tenants in order to rent apartment when vacated. Proper notice will be given when this is done.

 

LIST OF OCCUPANTS:

__________________________ ___________________________

__________________________ ___________________________

___________________________ ___________________________

 

THE UNDERSIGNED tenant(s) indicate by signing this lease that they have read and understand the same, and agree to all of the stipulations written in this agreement.

The parties hereby accept these terms, conditions, rules and regulations by signing below, the ___________ day of _______________, 20___.

 

By: _______________________________

Agent for Owner (Lessor)

 

__________________________ ____________________

Lessee Date

 

__________________________ ____________________

Lessee Date