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Lease Agreement
This Lease is entered into on [DATE] between OAKMONTE APARTMENT HOMES, LLC (hereinafter referred to as "Oakmonte") and [RESIDENT] (hereinafter referred to as "Resident"). OAKMONTE APARTMENT HOMES, LLC owns and operates the Community known as Oakmonte Apartment Homes (hereinafter referred to as the "Community" or "Oakmonte"), located at One Oakmonte Boulevard, Webster, New York 14580. [RESIDENT] desires to lease the Apartment Home located at [ADDRESS] (hereinafter referred to as the "Apartment") which is situated in the subject Community. In addition to the above-named [OCCUPANT] will be residing in the Apartment as an additional Occupant(s). OAKMONTE AND RESIDENT AGREE AS FOLLOWS:
1. APARTMENT OCCUPANTS
Oakmonte will only recognize as Resident(s) the person(s) herein named as Resident(s). All permanent Residents must be added to the Lease Agreement. Permanent Residents are defined as persons who reside in the Apartment for up to 14 consecutive days in any one-year, and up to 60 total days in any one-year. The words "Resident's Guests" shall mean any person who uses, or is in, the Apartment with or without Resident's permission. 2. USE AND TERM Oakmonte agrees that subject to the terms and conditions contained herein, Resident may occupy the Apartment Home for the term beginning on [Date Lease Starts] and terminating on [Date Lease Ends]. The word Apartment includes the heating unit, lighting fixtures, plumbing fixtures, stove, sinks, refrigerator and ice maker, disposal, dishwasher, microwave oven and hood, washer, dryer, central air conditioner and garage, if any, furnished by Oakmonte in or attached to the Apartment. Resident may reside in the Apartment only with those persons listed and approved on the rental application submitted by Resident prior to execution of this Lease. The application is made a part of this Lease and any false statements or misrepresentations made on the rental application shall be grounds for the immediate termination of the Lease by Oakmonte. No home occupations or businesses may be operated from the Apartment without the expressed written consent of Oakmonte; said consent may be withheld. 3. RENT AND MANNER OF PAYMENT Resident shall pay during the term of this Agreement, a monthly base rental amount equal to [Amount of Monthly Rent Spelled Out], [ $ Amount of Rent in Numerals] which will be paid no later than the first day of each month for that month, except if the Resident has paid the first month's rent upon execution of Lease. Rent will be paid to Oakmonte Apartment Homes LLC at One Oakmonte Boulevard, Webster, New York 14580, or any other address Oakmonte notifies Resident to use. If Resident fails to make the rent payment by the 1st day of the month, a late charge of $25.00 will be added to the rent, and an additional charge of $5.00 per day for each day will be added until the full rental payment, including any additional rent, is made. If any check given by Resident is returned by Resident's bank for insufficient funds, Resident will pay an additional charge of $40.00, and will be subject to the above-described late rental penalties. Thereafter, during the remaining term or renewal term of this Lease, all of Resident's payments must be made by cash, certified check, or money order. 4. SERVICES BY OAKMONTE Oakmonte may make reasonable repairs to the exterior walls, structure, and roof of the building in which the Apartment is situated unless the damage was caused by Resident or Resident's Guest. If, during the term of this lease or extension thereof, any services or amenities are reduced or discontinued by Oakmonte, or if repairs are not made in a timely fashion, Resident may not withhold, offset or reduce rent due to such reduction, discontinuance or failure to repair. Additionally Resident agrees that such reduction or discontinuance may occur and agrees no action shall be commenced by tenant to recover actual or perceive damages incurred as a result of such reduction or discontinuance. All services and amenities described in any or all advertising material, brochures, flyers, web pages or verbal representations are provided in the sole discretion of Oakmonte and may be modified, reduced, eliminated or discontinued at any time during the term of this lease or extension thereof. All services and amenities are provided at the will of Oakmonte. 5. OBLIGATIONS AND UNDERTAKINGS BY RESIDENT Resident agrees that: - a. Resident will pay for all electricity, natural gas, water and sewer charges incurred as a result of the Resident's occupancy of the Apartment as determined by the utility meter(s) or sub-meter(s) assigned to the Apartment. Resident shall pay a monthly service charge to Oakmonte's exclusive refuse collector for weekly refuse removal. Said service charge is not optional and must be paid by each
and every occupied Apartment in the Community. Resident shall pay when due all utility or service charges and embellishments levied against Apartment when due without offset or deduction. Any unpaid amounts due at the expiration of the lease term will be deducted from the Resident's damage/rent deposit. - b. Resident will pay the rent without any deduction unless otherwise authorized by statute.
- c. Resident will take good care of the Apartment.
- d. Resident will pay Oakmonte the cost to repair all damage caused by Resident or Resident's Guests.
- e. Resident will not violate any law, governmental rule, or regulation affecting the Apartment or the building in which the Apartment is located, or any rule or regulation of the New York Board of Fire Underwriters and similar agencies.
- f. If a claim is made against Oakmonte because of something Resident or Resident's Guest did or failed to do, Resident will pay to Oakmonte as additional rent, any money, as well as any reasonable costs and legal fees, which Oakmonte must pay because of the claim.
- g. Resident will not abandon or leave the Apartment vacant.
- h. Resident will not, without Oakmonte's written approval;
- i. Install any paneling, flooring, "built-in" decorations, partitions, or railings. Resident will not do any painting or wallpapering or make any other alterations to the Apartment. All alterations, if consented to by Oakmonte, shall become the property of Oakmonte without reimbursement to Resident. At Oakmonte's option these alterations may be removed at the end of the term and
the Apartment restored to its original condition, all at Resident's expense. - ii. drill into or attach anything to the floors, walls, or ceilings of the Apartment.
- iii. install or change any locks or chain-guards on the doors of the Apartment.
- iv. bring into the Apartment any dishwashing, heating, ventilating, dehumidifying, or air-conditioning units or water-filled furniture.
- v. keep any pet in the Apartment.
- vi. do or permit anything to be done in the Apartment, which will cause an increase in the cost of fire insurance for Oakmonte.
- vii. put in anything such as screens, window guards, or signs (besides curtains or drapes backed in white or shades or mini-blinds that are white in color) in or outside of the windows of the Apartment.
- viii. permit any accumulation of refuse in the Apartment.
- i. All statements and other information given by Resident in the application for the Apartment are true and correct. If any information given by Resident in the application changes during the term of this Lease, Resident will promptly inform Oakmonte of any such changes in writing.
- j. Resident will take special care and caution in use of the floor coverings in the Apartment and will clean the floor coverings in accordance with manufacturer's specifications. Resident will be responsible for any damages to the floor coverings including, but not limited to, burns and tears. Reasonable wear under ordinary usage is accepted. If the damage is so extensive, in Oakmonte's reasonable judgement, as to require installation of new floor coverings, Resident will pay the cost of same.
6. REMOVAL AT END OF TERM At the end of this Lease, Resident will leave the Apartment in good condition, vacuum cleaned, and subject to only reasonable wear and tear except as otherwise provided in this Lease. Resident will also specifically comply with the provisions of sub-Sections c, d, e, f, g and j of Section 19 of this Lease. Resident will move all Resident's and Resident's Guest's property out of the Apartment and shall pay for any damage to the Apartment or building caused by moving such property in or out of the Apartment or building. If Resident leaves any such property in the Apartment, Oakmonte may dispose of it and charge Resident for the cost of disposal or keep it as abandoned property. If Resident fails to leave the Apartment when the Lease ends, Resident shall pay rent for any holdover period at the rate of two times the base rent plus Five Hundred Dollars ($500.00) per month and also reimburse Oakmonte for any damages Oakmonte sustains by reason of the Resident's failure to leave. 7. RULES OF BUILDING Resident will obey all rules which Oakmonte may adopt from time to time for the safety, care, and cleanliness of the building and the comfort, quiet, protection, and convenience of other Residents provided Resident has been given prior notice of the adoption of such rules. Any rules in effect at the commencement of this Lease are attached to the Lease and made a part of this Lease. Any violation of such rules is a default under this Lease. 8. LIABILITY OF OAKMONTE Oakmonte shall not be liable for injury or damage to Resident or Resident's guests or their property unless caused by the gross negligence of Oakmonte or Oakmonte's agents, servants, contractors, or employees. 9. ACCESS BY OAKMONTE Oakmonte employees may enter the Apartment at any time without notice. Oakmonte and Oakmonte's agents and employees may enter the Apartment with any reasonable notice during the last six months of the Lease term between 9:00 a.m. and 5:00 p.m, with prospective Residents who may wish view the Apartment. Oakmonte may authorize workmen to enter the apartment with or without notice between 9:00 a.m. and 5:00 p.m in order to make repairs, improvements, or decorations in the Apartment or to the building in which the Apartment is situated. Oakmonte may authorize workmen to enter at any time in an emergency. If Resident is not there, Oakmonte may enter by use of a passkey. If Resident has changed the lock or done something else to prevent entry, Oakmonte may enter by force and Resident will pay all costs to repair any damages resulting from such an entry. 10. UTILITY/FURNACE CLOSET Due to safety and fire standards, the sole purpose of the furnace/utility closet is to store the unit's furnace and water heater. Violation of this provision may be considered a fire hazard and entitles Oakmonte to terminate this Lease immediately with no less than five (5) days' notice. 11. CONDITION OF APARTMENT ON RENTING Resident accepts the Apartment in its present condition, "as is". Oakmonte has not promised to do any work as part of Resident's agreement to occupy the Apartment unless otherwise specified. 12. EARLY TERMINATIONS, ASSIGNMENTS OR SUBLETTING This is a non-cancelable lease. Resident may not assign this Lease. Resident may not enter into a sublease, without Oakmonte's expressed written consent which consent may be withheld. Any attempt to do so shall be void. If Resident subleases, with or without the consent of Oakmonte, Oakmonte may collect rent from the sub-Resident and credit it to any money the Resident may owe under this Lease. If Oakmonte collects rent from the sub-Resident, it does not mean that Oakmonte consents to the sublease. Resident shall remain fully liable under this Lease after entering into a sublease. In the event Oakmonte shall consent to a sublease the following conditions must be met prior to any such consent; - a. The sub-Resident must complete a new Resident application form, pay the prevailing application fee and meet the current Resident screening criteria as set forth by Oakmonte.
- b. The Resident shall pay to Oakmonte, as a sublet fee, an amount equal to one month's rent and the Resident shall remain fully liable for the faithful performance of all the terms and conditions of this Lease by the sub-Resident, including but not limited to the payment of all utilties.
- c. The sub-Resident shall enter into a sublease agreement with Oakmonte stipulating among other terms and conditions that the sub-Resident shall abide by all of the terms and conditions contained in the prime lease agreement.
13. SUBORDINATION This Lease shall be subject and subordinate to all mortgages, amendments, increases, extensions, and all leases of the building and/or land on which it stands which now or in the future affect the Apartment. Resident must promptly execute any certificate(s) that Oakmonte requests to show that the Lease is so subject and subordinate. Resident authorizes Oakmonte to execute such certificates for Resident if Oakmonte borrows any money from a Lender and the Lender requires changes in this Lease. Resident will sign the agreement to change the Lease if it does not alter the Apartment or change the rent or the term.< 14. SALE OR LEASE OF BUILDING Oakmonte shall have no further liability under this Lease in the event Oakmonte sells or leases the Community. 15. FAILURE OF RESIDENT TO COMPLY WITH LEASE If Resident does not pay the rent on time according to Section Three (3), above, Oakmonte may refer the matter to a collection agency, give a notice of eviction and take any and all actions allowable under Article 7 of the New York Real Property Actions and Proceedings Law. If any or all such actions as described herein are commenced, Oakmonte may sue the Resident for all outstanding sums due plus the balance of the rent due under the Lease through the end of the Lease term set out in Section One (1), above, plus, attorney's and collection fees in an amount not to exceed forty percent of the amount sought in such action plus the administrative fees incurred as a result of such action. If Resident does not comply with the other terms of this Lease, Oakmonte may give a notice to Resident demanding that Resident must comply with the Lease terms within three (3) days or this Lease shall end. Resident shall deliver possession of the Apartment to Oakmonte, but Resident shall remain liable for any damage sustained by Oakmonte including, without limitation, an amount equal to all of the sums which would have been due to Oakmonte had the Lease not ended including, without limitation, all rent and other amounts due through, and including, the end of the full term stated in Section Two (2), above. Resident waives all rights of redemption now, or hereafter, granted by law. 16. RESIDENT'S LIABILITY FOR DAMAGES If this Lease is ended by reason of Resident's failure to comply with the Lease terms, then Oakmonte may re-enter and take possession of the Apartment and remove Resident and Resident's Guests and their property by eviction proceedings or other lawful means without being liable in any way. Oakmonte may re-rent the Apartment. Any rent received by Oakmonte will be used first to pay Oakmonte's expenses in getting possession and re-renting the Apartment, including, but not limited to: reasonable attorney fees and costs, fees of brokers, advertising costs, and the cost of cleaning, repairing, and redecorating the Apartment and second to pay any amounts which Resident owes under this Lease. Resident shall pay Oakmonte, on the first day of each month, any amount which would have been due had this Lease not terminated or ended, less (if Oakmonte re-rents the Apartment), any amounts received from the new Resident and not used by Oakmonte to pay the expenses referred to above. 17. FIRE OR OTHER DAMAGE Resident shall call the fire department immediately upon discovery of any fire in the Apartment project. Resident will also give Oakmonte immediate notice of any fire or other accident, which damages Resident's Apartment, the building, or any of the Resident's property. If there is a fire or other casualty which substantially affects the Apartment and Oakmonte advises Resident thereafter that Oakmonte will not repair the damage, has decided to demolish the building, or will convert it to other uses, this Lease shall end as of the date of the fire or other casualty. Any rent paid by Resident after that date shall be refunded to Resident. If Oakmonte elects to repair the damage, the repairs shall be done as soon as possible, taking into account any time necessary to collect insurance proceeds. If the Apartment cannot be used, no rent shall be payable from the date of the damage until the date it can be used. Resident hereby gives up the right to end the Lease when the Apartment is unusable, except in a case where there is less than six (6) months left on the term of the Lease. Resident hereby gives up any right of subrogation against the other Oakmonte for any loss in connection with any fire damage provided that the right of either party to collect under their insurance policies is not hereby affected. 18. CONDEMNATION If the building or Apartment is taken by a governmental agency or other body having the right to take property, this Lease shall end on the date of the taking. Resident shall have no claim for the value of the Lease on any part of any award for the taking, all of which shall belong to Oakmonte. Any rent paid by Resident after the date of the taking shall be refunded to Resident, pro-rated to date of taking. 19. DAMAGE/RENT DEPOSIT Resident has paid to Oakmonte at the time of execution of this Lease, a refundable amount equal to FIVE HUNDRED DOLLARS ($500.00), as a damage/rent deposit. In addition to the refundable damage/rent deposit stipulated in this section, Oakmonte agrees to accept a NON-REFUNDABLE refurbishment fee equal to TWO HUNDRED DOLLARS (200.00). If Resident fails to comply with this Lease, Oakmonte may use so much of the refundable damage/rent deposit as is necessary to pay the amounts owed by Resident under this Lease, including damages if this Lease is ended. In the event that the refundable damage/rent deposit stipulated herein is not sufficient to satisfy any amounts owed by Resident under this Lease, then Oakmonte shall make a claim for payment for damages under the terms and conditions of this Lease. In addition to any other reason enumerated herein, the damage/rent deposit may be used by Oakmonte as provided in this Section Nineteen (19) to cure the following: - a. The full term of the Lease has not expired.
- b. Resident has not given Oakmonte ninety (90) days written notice prior to expiration of the lease term.
- c. Resident or Resident's guests shall have caused damage to the Apartment beyond ordinary wear and tear.
- d. The entire Apartment including but not limited to the range, exhaust fan, refrigerator, bathrooms, closets, cabinets, and garage are not clean and free of all debris.
- e. There are stickers, scratches, or holes in the walls.
- f. All burned out light bulbs are not replaced.
- g. There are indentations, scratches, stains or excessive wear to the floor coverings.
- h. There are unpaid rents, late charges, utility or water sewer charges, or any other monies due from Resident to Oakmonte or any utility company.
- i. Resident has not returned all keys and garage door openers to Oakmonte.
- j. All debris, rubbish, and discards are not placed in proper rubbish containers.
- k. Resident does not leave a forwarding address in writing with management.
- l. Non-service animal(s) or pets, except as herein provided, have been kept in the Apartment.
Oakmonte may deduct from the damage/rent deposit the cost of curing Resident's failure to be in compliance with any of the foregoing conditions including, without limitation, deductions for labor and materials for cleaning and repairs, replacement of keys or garage door openers, and delinquent payments. 20. RENEWAL NOTIFICATION IT IS THE RESIDENT'S SOLE RESPONSIBILITY TO NOTIFY OAKMONTE IN WRITING NINETY (90) DAYS PRIOR TO LEASE EXPIRATION OF INTENTION TO RENEW THIS LEASE. If Resident does not notify Oakmonte of intention to renew as described above, Oakmonte will re-rent the Apartment as of the date of expiration of the current lease agreement. 21. RESIDENT'S RIGHT OF OCCUPANCY If Resident pays the rent and complies with all other terms of this Lease, Resident may stay in occupancy of the Apartment, subject to the terms of this Lease. 22. WAIVER OF JURY TRIAL Oakmonte and Resident each waive trial by jury in any matter brought by either against the other for any matter concerning this Lease or the Apartment. Resident also gives up any right to bring a counter-claim or set-off in any action by Oakmonte against Resident or any matter directly or indirectly related to this Lease. 23. ILLEGALITY If any provision of this Lease is illegal, or in violation of any governmental or quasi-governmental regulationor statute that provision will no longer apply. However, the rest of the Lease will remain in full force. 24. NOTICES Any notice or consent under this Lease must be in writing and delivered or sent by registered or certified mail, return receipt requested or via a nationally recognized overnight courier service addressed (a) to Resident at the Apartment, or (b) to Oakmonte at Oakmonte's address, above, or such other addresses as Oakmonte shall specify by notice to the Resident. 25. CORRECTING RESIDENT'S DEFAULTS If Resident fails to correct a default after notice from Oakmonte, Oakmonte may correct it at Resident's expense. Oakmonte's cost to correct the default will be added rent. Resident will also pay to Oakmonte, as added rent, all costs, expenses (including attorney fees), and damages which Oakmonte must pay because of Resident's failure to comply with any provision of this Lease. 26. BANKRUPTCY, INSOLVENCY If (a) Resident assigns property for the benefit of creditor(s), (b) Resident files a voluntary petition or if an involuntary petition is filed against Resident under any bankruptcy or insolvency law, or (c) a Trustee or Receiver of Resident or Resident's property is appointed, Oakmonte must give Resident notice of cancellation of the term of this Lease. The term of this Lease will end as of the date stated in the notice. If the Lease is so terminated, Resident shall be responsible for payment of damages as provided in Section 17 above. 27. LIMIT OF RECOVERY, AGAINST OAKMONTE Resident is limited to Oakmonte's interest in the Community for the payment of any judgment or court remedy against Oakmonte. 28. REPRESENTATIONS, CHANGES IN LEASE Resident has read this Lease. All promises made by Oakmonte are in this Lease. There are no others. Except in the case of Rules and Regulations, which may be added to or modified at any time, this Lease may be changed only by a written modification agreement signed by both Oakmonte and Resident and delivered to each other. 29. OAKMONTE UNABLE TO PERFORM If due to labor trouble, government order, lack of supply, Resident's actions, neglect, or any other cause not fully within Oakmonte's reasonable control, Oakmonte is delayed or unable to (a) carry out any of Oakmonte's promises or agreements, (b) supply any service to be supplied, (c) make any required repair or change in the Apartment, or (d) supply equipment or appliances, this Lease shall not be ended or Resident's obligations affected. 30. WAIVER Oakmonte's failure to enforce or insist that Resident comply with any term of this Lease is not a waiver of any of Oakmonte's rights. The rights and remedies of Oakmonte are separate and in addition to each other. The choice of one does not prevent Oakmonte from using another. 31. SECTION HEADINGS The section headings are for convenience only. 32. PERSONS Whenever the Lease refers to the male or singular person, it shall also mean the female or plural person as appropriate. 33. DEFAULT BEFORE COMMENCEMENT OF TERM If before the term of the Lease, Resident defaults under any other Lease with Oakmonte, at the option of Oakmonte, this Lease shall not go into effect. 34. NO LIABILITY FOR FAILURE TO GIVE POSSESSION Oakmonte shall not be liable to Resident for failure to give possession of the Apartment when due. If Oakmonte fails to do so, this Lease shall remain in effect, but the term shall not be extended. Resident shall not have to pay rent until possession is given. 35. PETS Resident may upon mutual execution of and subject to the Oakmonte Apartment Homes, LLC Feline Addendum attached hereto and made a part hereof, keep a maximum of two cats in the Apartment. Except as herein provided Resident agrees not to keep any non-service animal(s) or other pet(s) in the Apartment. Violation of this provision shall entitle Oakmonte to terminate this Lease immediately on not less than five (5) days' notice. In the event that Oakmonte exercises it option to terminate, Resident shall pay to Oakmonte, in addition to all of Oakmonte's other remedies under this Lease, the sum of Three Hundred Fifty Dollars ($350.00) plus forfeiture of the Resident's damage/rent deposit, as liquidated damages for violation of this Lease provision. 36. INTEREST Resident agrees to pay Oakmonte interest, from the due date until date of payment, at the maximum rate permitted by law, on all sums due from Resident hereunder but not paid when due; including, but not limited to, damages that are done by Resident and repaired by Oakmonte and not paid within 30 days after completion (except rent due under Section 3). 37. RECREATIONAL FACILITIES If Oakmonte provides any recreational facilities for the Community, Resident shall have no right to use these facilities by reason of the Lease. Any right to use is excluded from his Lease and shall be governed by a separate agreement. Failure by Oakmonte to operate and maintain any such facilities shall in no way affect this Lease. 38. REPAIRS BY OAKMONTE Notwithstanding any other provision in this Lease, and as an additional remedy of Oakmonte, at Oakmonte's election, should there be any damage to the Apartment, for which Resident or Resident's guests are responsible, Oakmonte may repair such damage, without prior notice to Resident, and Resident shall immediately reimburse Oakmonte the full cost of the labor and material used to make the repair. Oakmonte is not obligated to net the amount of the repair cost from Resident's damage/rent deposit unless Oakmonte so chooses. Failure of the Resident to make immediate reimbursement of repair costs is a default under this Lease. 39. COMMUNITY GATES Resident agrees that the gates (herein referred to as the "Gates") located at the entrances and exits of the Community are intended for traffic control purposes only and in no way are intended to be used as or construed to be security gates. In addition, Oakmonte in no way shall be liable for any damage caused by virtue of the Gates, whether such damage is caused by, operator error, malfunction or any other condition. 40. MONITORED ALARMS Resident agrees that the monitored alarm (hereinafter referred to as "Monitored Alarm" service provided by Oakmonte will be terminated on May 31, 2004. After said date Oakmonte will not offer Monitored Alarm as an amenity. The alarm equipment will be removed by Network Multi-Family on or after said date. Tenant agrees not to interfere with said removal process. Pursuant to Paragraph 4 contained herein no credit or rent reduction will be allowed tenant for such discontinuance of the Monitored Alarms. The parties have entered into this Lease Agreement on the date first mentioned above. It shall be effective upon execution by both Oakmonte and Resident.
| Dated:__________ |
Resident:____________________ |
| Dated:__________ |
Co-Resident:____________________ |
Oakmonte Apartment Homes, LLC.
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| Dated:__________ |
By:____________________ |
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