A
PARTMENT LEASE AGREEMENTBellevue Gardens Apartments
This Agreement made and entered into this______day of______________, 20___, by and between BELLEVUE GARDENS COMMUNITY URBAN REDEVELOPMENT CORP., with its rental office located at 2606 Vine Street Cincinnati, Ohio 45219 (hereinafter, the A Landlord@ ), as the authorized agent of Owner, The Board of Trustees of the University of Cincinnati, whose mailing address is c/o Gerald A. Siegert, P.O. Box 210641, Cincinnati, Ohio 45221-0641, and ____________________________________________________________________________ (hereinafter, whether singular or plural, the A Resident@ ).
Landlord hereby leases to Resident and Resident lets from the Landlord the apartment designated as Number________ of the Bellevue Gardens Apartments (hereinafter, A Bellevue Gardens@ ) at _______ E. Martin Luther King Drive, City of Cincinnati, County of Hamilton, State of Ohio together with parking space no. ____ in the adjacent garage (hereinafter A the Premises@ ). Such lease shall be for the term beginning on the ____day of ________, 20___, and ending on the ____day of _________, 20___. Should Resident holdover after the expiration of this lease term without the execution of a new written Lease Agreement, such additional residency period shall be from month-to-month only, and nothing contained herein shall be construed to indicate a term of any other duration.
Resident agrees to pay to the Landlord as rental for the Premises, the sum of $___________, payable in installments of $_________ per month, in advance, on the first (1st) day of each month, and delivered to the rental office or such place as may be designated by the Landlord. Payment by check or money order shall be made each month payable to:
BELLEVUE GARDENS APARTMENTS. Resident further agrees to pay as additional rent, a late payment charge of twenty-five dollars ($25.00) if payment is received after the fifth (5th) day of the month. Landlord shall accept only full rent plus the additional twenty-five dollars ($25.00) late charge from the Resident from the sixth (6th) day of the month through the tenth (10th) day of the month. Should the full rent, together with the late charge, not be paid prior to the eleventh (11th) day of each month, the Landlord shall commence eviction proceedings pursuant to Ohio law. Should the Landlord elect to accept rent after the tenth (10th) of the month, an additional five dollars ($5.00) will accrue daily until such time as the rent is paid in full. If any checks for rent are returned to the Landlord for insufficient funds or other reason, late charges will continue until rent is actually paid by the Resident. A returned check fee of thirty dollars ($30.00) will also be due with the actual payment. All late charges and returned check charges shall be considered additional rent. Additionally, late charges shall also be considered liquidated damages for Landlord= s time, inconvenience and overhead in collecting rent. Landlord reserves the right to refuse payment of late rent, late charges and returned check charges.Money paid by Resident to the Landlord shall be applied to Resident= s account in the following order: first to any outstanding late charges and return check charges; second, to any legal fees and/or court costs; and third, to rent.
Landlord acknowledges the receipt of ________________________ dollars ($________) to be held by Landlord as a security deposit. Landlord shall not allow nor shall Resident request that said security deposit, or any part thereof, be applied to the final month= s rent. Any portion of the security deposit which is not used or not required to remedy any damage or defect to the apartment as a result of the Resident= s actions, or which is not applied to past due rent or rent due under this Agreement, shall be returned to Resident within thirty (30) days after termination of this Agreement and delivery of possession to Landlord, provided, however, the Resident provides Landlord in writing with a forwarding address or new address to which the refund or itemization may be sent.
Any personal property remaining on the Premises after termination of this Agreement, or after abandonment of the Premises without formal termination, shall be deemed to have been abandoned and Landlord shall have the right to dispose of such property. Resident shall hold Landlord harmless from any and all liability, liens, claims, damages, costs, fines, penalties, suits, actions, or causes of action arising therefrom. This provision shall survive the termination of this Agreement.
Should Resident terminate this Agreement prior to its expiration date then Resident shall be liable for rent for the entire remainder of the Lease. Landlord agrees that it will make diligent efforts to obtain a new Resident and that the current Resident= s obligations under this Agreement shall terminate upon new Resident= s possession. Landlord shall itemize the security deposit within thirty (30) days of Resident= s termination of possession, but the remainder of the security deposit not applied to repairs, cleaning or other reasonable wear or tear, shall be retained by Landlord and applied to future monthly rental. The obligation of Resident to pay shall only terminate upon either the termination date of this Agreement or the re-letting of the Premises to a new Resident.
The Resident accepts the Premises in its present condition and acknowledges that the Premises are in good repair. Resident agrees to keep the Premises in a clean condition, to make no alterations or additions to the Premises without prior written consent of Landlord, to commit no waste thereon, to obey all laws and ordinances affecting the Premises, to replace all glass broken or cracked, to repay Landlord the cost of all repairs made necessary by the negligent or careless use of the Premises at the termination hereof, and return the Premises in like condition as when taken, reasonable wear and tear excepted.
Resident agrees to use the Premises only as the personal residence and parking space of Resident and those persons who are specified on the Lease/Rental Application and for no other person or purpose. Resident shall not carry on any trade, profession, business school, course of instruction, or entertainment on the Premises. This includes but is not limited to keeping roomers, lodgers, or boarders; operating a day care center; consulting or examining patients; selling, reselling or trading goods; grooming or training animals; teaching an instrument, vocal music, or dramatics, or dancing; and performing or speaking for any audiences. Resident further agrees not to use the assigned parking space to store personal property other than Resident’s automobile, nor to do or permit any act or practice injurious to Bellevue Gardens, which may be unreasonable and/or disturbing to the other residents, or which may affect the insurance risk factor on Bellevue Gardens.
Occupancy of the Premises shall be limited to no more than two (2) persons for each bedroom contained in the apartment.
Resident agrees that, to the extent permitted by law, Landlord shall not be liable for property damage or personal injury occurring on the Premises or elsewhere on Bellevue Gardens property unless the damage or injury results from Landlord= s wrongful act or gross negligence.
If, due to circumstances beyond the Landlord= s control, the Premises shall not be ready for occupancy at the beginning of the term, this Agreement shall, nevertheless, remain in effect and the rent shall be abated proportionately until the Premises are so ready, and the Landlord shall not be liable for any delay or damages resulting therefrom. Should the Premises not be ready for occupancy within thirty (30) days after the stated beginning of the Lease term, then the Resident shall have the right to cancel this Agreement by written notice delivered to the Landlord at any time after the expiration of said thirty (30) days, but not after the Premises are ready for occupancy and notification of such readiness has been given to Resident. Resident= s remedy hereunder shall be limited to such right of cancellation, and upon such cancellation, neither party shall have any further right against the other, except that the Landlord shall repay any deposit made by the Resident.
The Landlord shall make available to the Resident heat during the usual heating seasons, electric current for lighting and operation of household equipment and water for normal domestic use. The Resident shall pay for all heat and electricity. The Landlord shall pay for water, without charge to the Resident, so long as such water use is confined to normal levels. Resident agrees the Landlord shall have the right temporarily to stop the heating, electricity or water in the event of an accident affecting the same or to facilitate repairs or alterations made in the Premises or elsewhere on Bellevue Gardens property. Landlord shall not be liable to Resident for any interruption of utility services if such interruption is beyond the control of Landlord.
In case of partial destruction to the Premises, the Landlord shall repair the same with reasonable dispatch after notice to Landlord of such destruction or damage has been given. The rent shall continue unless the casualty renders the apartment untenantable in which case this Agreement shall terminate at the option of either the Resident or the Landlord. Should the Resident elect to terminate, such termination shall be effective only upon payment of all rent due to the date of the casualty rendering the apartment untenantable. Should only a portion of the apartment be rendered untenantable, then the Resident may, with mutual agreement of the Landlord, alternatively choose to continue in possession and shall thereupon be entitled to a prorated reduction in the amount of rent. Nothing contained herein as to duty of repair shall restrict any right the Landlord might have against the Resident for negligent or intentional conduct of the Resident.
Landlord, or persons authorized by him, with notice given at least twenty-four (24) hours in advance, shall have the right to enter the apartment at reasonable times to inspect, make ordinary and necessary repairs, decorations or alterations, deliver parcels too large for Resident= s mail facilities, to enforce this Agreement, and after notice of termination is given, to show the apartment to prospective residents; provided, however, that Resident= s consent shall not be necessary in case of emergency. Resident shall not unreasonably withhold consent for Landlord to enter the apartment.
Resident shall not assign or sublease the Premises or any part thereof without prior express written consent of the Landlord.
It is agreed between Landlord and Resident that if the whole or part of the Premises hereby leased shall be taken by any competent authority for any public or quasi-public use or purpose, then the term of this Agreement shall cease and terminate as of the date when the possession of the parts so taken shall be required for such use or purpose. Both parties shall thereafter be released from any and all obligations under this Agreement. Any damages awarded for such taking shall belong exclusively to the Landlord, and Resident shall assign all rights it might have to any such proceeds to the Landlord upon Landlord= s written request. Resident further agrees to make no claim against Landlord for any part or portion of the condemnation proceeds.
Should Landlord wish to encumber the Premises further by mortgage or mortgages, then this Agreement and rights of the Resident herein shall be subordinate to the mortgage and to the rights of the mortgagee thereunder. Such subordination shall include subordination to any renewal, modification or extension of the existing mortgage. Resident agrees, upon request, to execute such further instruments evidencing such subordination. Should Resident fail or refuse to execute such instrument within five (5) days of request by Landlord, then the Landlord is empowered to do so in the name of the Resident.
Should Resident fail to pay rent, or any sum due under this Agreement, in a timely manner, make material misrepresentations on the rental application, default in any of the other provisions of this Agreement or abandon the Premises, Landlord in addition to all other remedies provided by law, may terminate this Agreement, reenter into possession of the Premises and bring suit for and recover all rent due from the Resident to the Landlord. With respect to reentering, Landlord will comply with all provisions required of it under the Ohio Revised Code.
Should there be more than one Resident executing this Agreement, then they shall be liable jointly and severally, for all damages sustained by the Landlord with respect to any breach of this Agreement by any one of the Residents.
Resident agrees that he will comply with and will procure the compliance of all occupants, guests, and invitees with the rules and regulations of the Premises, a copy of which is attached hereto. Resident= s duty to comply with the rules and regulations shall have the same force and effect as a Resident= s duty to comply with the covenants of this Agreement.
In the event of any transfer of the title, the Owner herein named (and in the case of subsequent transfers or conveyances, the then grantor) shall be freed and relieved from and after the date of such transfers or conveyances, of all liability with respect to their performance of any covenants or obligations contained in this Agreement thereafter to be performed. Without further agreement, the transferee of such title shall be deemed to have assumed and agreed to observe and perform all obligations in this Agreement. Owner may transfer its interest in the property without consent of Resident and such transfer or subsequent transfer shall not be deemed a violation of any of the terms and conditions of this Agreement. Transferor shall remain and continue liable for any performance or payment which shall have accrued or become owing during such Transferor= s ownership of the property.
The Resident covenants to indemnify and save harmless the Landlord and Owner from all claims of every kind and nature resulting from any damage, injury or loss to any person or entity as a result of the Resident= s negligence or the negligence of the Resident= s family, guests or agent.
Resident agrees to obtain renter= s insurance covering property damage and liability. All personal property kept on the Premises, or property kept in unauthorized places anywhere in the apartment building, parking garage or common areas by Resident (or anyone else whom Resident permits to use or occupy the apartment) shall be kept at Resident= s own risk. Resident agrees that, to the extent the law permits, Resident and Resident= s insurance carrier will not hold the Owner or Landlord liable for claims for damages or injury normally covered by renter= s insurance, even if Landlord is negligent, and Resident will look solely to Resident= s insurance to compensate for the damage or injury.
No waiver by Landlord of any breach of any term, covenant or condition of this Agreement shall be deemed a waiver of the same or any subsequent breach of the same or any other term, covenant or condition. The acceptance of rent by Landlord shall not be deemed a waiver of any earlier breach by Resident of any term, covenant or condition regardless of Landlord= s knowledge of such breach when such rent is accepted. No covenant, term or condition of this Agreement shall be deemed waived by Landlord or Resident unless waived in writing. The receipt by Landlord of any rent or any other sum of money or any other consideration paid by Resident after the termination of this Agreement, after the giving by Landlord of any termination notice or after the initiation of any legal proceedings by Landlord against Resident, shall not reinstate, continue or extend this Agreement or in any manner affect any other rights that Landlord may have either in law or in equity or as a result of default by Resident.
All notices to Landlord from Resident shall be directed to the Landlord at the following address: 2606 Vine Street, Cincinnati, Ohio 45219. All notices to Resident from Landlord shall be directed to the Resident at the address of the apartment.
This Agreement is the entire agreement between the parties, there being no oral conditions, representations, warranties or agreements. Any subsequent conditions, representations, warranties or agreements or alterations of the terms of this Agreement shall not be valid unless in writing and signed by both parties.
The parties agree that each provision of this Agreement shall be deemed severable and, if for any reason any provisions are invalid, unenforceable or contrary to any existing or future law, that invalidity shall not affect the applicability or validity of any other provisions of this Agreement.
No pets shall be allowed in Resident= s apartment.
Resident shall not keep or permit the keeping or use of flammable fluids or explosives on the Premises or in the common areas of the apartment building or on any portion of Bellevue Gardens property.
Notice given by Landlord to any person named as a Resident, or signing this Agreement as a Resident, shall bind all Residents of the Premises.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio.
IN WITNESS WHEREOF, the parties hereto have set their hands on the date and year first above written.
RESIDENT(S)
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LANDLORD
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T:\UC\Bellevue Gardens Transfer - 1.110527\Bellevue Apartment Lease Agreement 4-14-04.doc