LEASE AND RENTAL AGREEMENT   

FOR REFERENCE ONLY             

 

LEASE AND RENTAL AGREEMENT                

 

This lease made and entered into this _____ day of _______, 2009, at Columbus, Franklin County, Ohio by and between the undersigned LESSOR and LESSEE, WITNESSETH:

That the LESSOR, in consideration of the rents to be paid and the agreements to be performed by the LESSEE, has leased to the LESSEE an apartment located at __________  for the term beginning September 8^th 2009 and ending on August 24^th 2010.  The full lease amount for the period between September 8^th 2009 and August 24^th 2010 shall be $______.  This amount is to be made in 12 installments of $_______ each.  There is no month to month tenancy on this lease, it will terminate completely and entirely on August 24^th 2010, at which point no eviction is necessary on our part because no lease exists beyond August 24^th 2010.   If all keys are not turned in by this date you will be charged for us having to change the locks.   Each installment shall be due on the 1st (first) day of each and every month in advance and the LESSEE and the Guarantor(s) shall agree and covenant as follows:

 

This is a  (   ) Furnished,  (   ) Partially Furnished, or  (X) Unfurnished unit.

 

1.    LESSEE shall make payments to Ohio State Properties and shall mail said payment to:

 

Ohio State Properties

PO BOX 82150

Columbus, OH 43202

 

Phone numbers:                614-218-7098 (cell) – (866) 371-1655 (fax)

E-mail address:                  john@ohiostateproperties.com

Website address:               www.ohiostateproperties.com

 

2.        LESSEE shall pay with ONE personal check, money order or cashier's check totaling the amount due for rent. The address shall be clearly written on payment to insure proper crediting.  No other person will be allowed to reside at the residence other than those signed on this lease.   There is a _____ monthly charge for a ___ person added to this lease.

 

3.        Rent received in our office after the 4th day of each month shall subject the LESSEE to a service charge of $45.00. In addition a $5.00 per day service charge will be assessed beyond the 5th day regardless of holidays or weekends.  In the event the LESSOR elects to terminate this lease for non-payment or breach of other condition(s) of this lease, the LESSOR may possess the premises in accordance of  Section 1923 of the Ohio Revised Code.   The full remaining lease term amount (not installment amount) will be due at once if any installment is not paid by the 15^th day of the month it is due.  LESSEE will have to pay off entire remaining lease balance if any installment is over 15 days late.

 

4.        LESSEE further agrees that he or she will be charged $35.00 for each check returned to LESSOR unpaid for ANY reason plus the charges shown in paragraph 3 until the rent is paid in full.

 

5.        The LESSEE shall pay all utilities, including water and shall sign for same with each utility company on the first day of the lease. If water is not separately metered then LESSEE shall pay the equivalent of $15 per month per person flat fee to LESSOR added to their rent check every month. 

 

6.        LESSEE agrees the premises will be used for residential purposes only and will be occupied only by persons having written lease and rental agreement with LESSOR or assignee of the LESSEE hereinafter who must be approved by the LESSOR in writing.  There will be an additional installment charge for adding extra approved people to this lease.

 

7.        Each LESSEE 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, nor for any purpose deemed hazardous by the LESSOR or by the LESSOR's insurance company because of fire or other risk.

 

9.        LESSEE 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 LESSEE of the premises. LESSEE 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 LESSEE 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 on the premises even for a few minutes visit. Effective the day of witnessing a pet in the apartment the rent will increase by $150.00 per monthly installment. Furthermore, violation of this section shall entitle the LESSOR, 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.     Nails, decals or decorations which, when removed, destroy the wall surface or plaster, are not allowed.  No gummed-label hangers or gooey substances are allowed.  No unauthorized painting will be permitted. When LESSEE moves in, LESSOR shall furnish light bulbs for fixtures furnished by LESSOR; thereafter, light bulbs of the same wattage shall be replaced at LESSEE’s expense. If a fireplace exists in the apartment/house, LESSEE is not allowed to use it at any time.

 

12.     LESSEE shall, at all times, keep the premises orderly, safe and free from rubbish 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. LESSEE shall not burn any trash or garbage, at any time, on or about the premises. LESSEE 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 LESSEE's negligence, LESSEE 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 grass. LESSEE is not allowed on any roof structure of the premises (i.e. porch roof) for any reason, other than in an emergency. LESSEE is responsible for removal of ice and/or snow around the premises. 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. LESSEE shall not erect signs, banners, satellite dishes or antennas of any kind on or around the premises.  No lumber or construction materials of any kind will be allowed anywhere on the premises.  No keg parties allowed.

 

13.     The LESSEE shall be responsible for jammed disposal and clogged drain lines, as well as any damage resulting from any type of water overflow.  If the main drain becomes clogged and it had nothing to do with anything LESSEE placed down drains (ie tree roots) than LESSOR shall be responsible.  LESSEE is responsible for the maintenance of stopped up toilets, sinks, tub/shower and garbage disposal, for all glass breakage and screen damage.  No repairs will be made or credit allowed for repairs without written approval of management. Residents are responsible for and agree to pay for damage done by wind, rain or cold weather caused by leaving windows open. Residents must set the furnace(heater) thermostat in their premises no lower than 64 F degrees during Winter months and are responsible for and agree to pay for frozen/burst water lines and fixtures and all damage resulting therefrom.

 

14.    LESSEE 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 LESSOR in writing of any mechanical failure, need for repair, or replacement.  A deduction from the security deposit will be made for having the carpet professionally steam cleaned at the end of LESSEE's tenancy if the carpet is said to be beyond normal wear and tear as defined by Ohio law.

 

15.     The LESSEE has agreed to pay first rent installment (for September) by August 1^st 2009.  All following payments will be made regularly i.e. Oct 1st for October, Nov 1st for November and so on. The LESSEE will deposit with the LESSOR a sum of one monthly installment to guarantee the return of the premises and carpeting in as good or better condition as when initially occupied, reasonable wear and tear excepted. The security deposit shall NOT be applied toward any month's rent. Said deposit will be returned to the LESSEE within thirty days after the expiration of the lease under the following conditions:

 

A.   All keys are returned to the office and the property is vacated in clean condition by the last day of the lease period and,

B.   The LESSOR'S inspection reveals no damages to the premises, reasonable wear and tear excepted and,

C.   All LESSEES 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 the LESSEE, then the whole or a fractional part of the deposit may be retained by the LESSOR as partial liquidated damages without prejudice to the rights of LESSOR to recover such damages as he may be entitled to.

 

16.     If the LESSEE loses a key, the LESSOR may charge a $15.00 replacement fee. LESSEE is not allowed to duplicate keys or change locks without LESSOR's permission.   No locks allowed on bedroom doors without permission from Ohio State Properties and if we give permission we must have a key and be able to have access to room at all times.

 

17.     It is recommended that the LESSEE carry renter's insurance to cover any loss or damage of LESSEE(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 LESSEE does hereby release LESSOR from any and all liability for such damage or loss. If the premises are rendered unusable by fire, flood, or other casualty, the LESSOR at his option may repair the premises or terminate the lease.   Ohio State Properties will never pay for anyone’s damaged contents no matter what the circumstances and no matter who is deemed at fault.  We will not cover any clothes damaged for any reason, or food, or any other personal property or contents, that’s why we strongly recommend renters insurance.

 

18.     No rebate will be made for vacating the unit prior to the end of the rent period.

 

19.     The LESSEE shall not assign this lease or sublet the premises without written consent of the LESSOR.  A damage deposit equal to (1/number of lessees) of the total rent amount will be required by each SUBLESSEE in addition to the one month's rent damage deposit of the original LESSEES. Sublet fee is $50 dollars paid by LESSEE.

 

20.     The LESSEE  shall be responsible for any damage to the premises or carpeting therein whether caused by the LESSEE, other occupants or visitors to the apartment.

 

21.     The LESSOR or his agent or employee may inspect in the event of an emergency. However, if there is no emergency situation, a notice to the LESSEE (via email, phone, or note on door) shall be given for an intention to enter by LESSOR, his agent or employee with the exception of inspecting when weather is cold to insure furnace is turned on to at least 64 degrees Fahrenheit and that lights are left on during winter, spring, and summer breaks to prevent break-ins.

 

22.     The LESSEE shall not install equipment, waterbeds, or make alterations, additions, or improvements to the physical structure of the premises without written consent of the LESSOR.

 

23.     LESSOR agrees that if LESSEES perform all of the covenants herein, they shall be entitled to possession of the herein premises during the term of this lease. Failure of LESSOR 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 LESSEE, LESSOR, and GUARANTOR(S) shall constitute the transaction of business in Ohio within the meaning of Ohio Civic Rule 4.3 (A) (1) and Section 2307.382 of the Ohio Revised Code. The laws of the State of Ohio shall govern the construction and interpretation of this lease.

 

25.     The LESSEE agrees to have his GUARANTOR(S) execute the Guaranty of this lease within one week after the date hereof. If he or she fails to do so, the LESSOR may terminate this lease at any time by giving notice thereof to the LESSEE and use the deposit to recover the cost associated with re-renting the unit.

 

26.     No fireworks may be set off inside, outside, or around the house.   Fire pits and backyard fires of any kind will not be permitted.  Grilling is encouraged but should be done at least 10 ft from the house and not under any front or rear porches.  

 

27.   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, LESSOR may proceed with an eviction action and sue for damages arising out of the late move out.

 

28.  LESSEE agrees to let us know via email by November 31^st  of their lease period if they plan on remaining in the residence for the following school year.   If you will be remaining we will prepare a new lease for you, otherwise we will begin to setup appointments for showing your residence.   If we do not receive notice by Nov. 31^st then we will begin renting and showing your home for the next year.

 

29.  LESSEE must not paint or make any repairs of any kind or move any stationary items such as cabinets without consent from Ohio State Properties.  Basically none of the property may be altered.

 

30. LESSOR will give 24 notice of inspection of premises.  We typically inspect our residences 2-4 times a year.

 

31.  LESSEE will not install any fixtures including satellite dishes to any part of the premises; this includes standard cable installations that require holes to be drilled into residence.

 

32.  LESSOR has informed us that the resident being rented may contain lead based paint which can be harmful to humans, especially children.   LESSEE knows the residence may contain lead based paint and was referred to the website http://www.epa.gov/lead/pubs/leadpdfe.pdf as documented here in this lease and shown the brochure.

 

33.  LESSEE is responsible for snow removal.   LESSOR is not responsible for any lost, stolen, or damaged items in residence.  Items can be damaged by a number of items including water leaks, lightning strikes, electric surges, etc.  LESSOR is not responsible for any clothing damaged by washer and dryer or any food destroyed by a broken refrigerator, etc.

 

34.  Any infraction of the “Noise Ordinance and Party Policy” will result in eviction.

 

35.  Ohio State Properties cannot guarantee residency by September 8^th 2009 if extraordinary circumstances occur.

 

36.  You must only park in the approved parking area which is never on grassy areas.  Please do not remove any parking barriers including cross ties (wood rail-road ties) or you will be fined $50 for each infraction.

 

37.  No motocycles, scooters, or any other mode of transportation with a motor or engine may be stored inside the house.  In addition no gasoline or any other flammable or harmful liquids or solids may be stored inside the house.

38.  Additional terms and possible exceptions to the lease are as follows:

Noise Ordinance and Party Policy

 

PLEASE READ CAREFULLY

 

We at Ohio State Properties are very committed to providing a quality residence to our renters.  We try to maintain a very high standard of quality in our residences to make life easier for conscientious students.  Most of the items listed below are to ensure that we do not get noise complaints or damaged residences as the result of unruly behavior.   As a result we have certain standards of appropriate renter conduct.   Many of these items are in place to prohibit house parties.  LESSEE agrees to the following:

1)    No Kegs or multiple cases of beer (as a substitute for having a keg) allowed on premises and no drunkenness or lewd                 behavior will be tolerated.  No drunk and/or screaming individuals allowed.

2)    Crowds (over 8 people other than LESSEE’s) strewn out on porches, front or back yard or anywhere outside are not allowed. 

3)    Crowds (over 8 people other than LESSEE’s) not allowed inside residence in a party situation involving alcohol and/or drugs.

4)    No illegal drugs allowed on premises or inside residence.

5)    No smoking of any kind allowed inside the residence.

6)    LESSEE is responsible for any damages caused by guests.

7)    Noise must be kept at a minimum.

8)  LESSEE agrees to be a good neighbor and courteous to those around them.

9)  LESSEE and/or guests must never venture onto any part of the roof including porches, garages, and additions.

10)  No beer/alcohol tables or makeshift furniture (i.e. table with plywood top) setup inside or outside of home at anytime.  Ping Pong/pool  tables not allowed to be used for this purpose.  No beer pong allowed using beer or any other beverage.

11)  To maintain a nice looking residence no beer bottles, beer boxes, or hard liquor bottles collected on shelves and elsewhere in the property.  Beer boxes should be thrown away and not allowed to be mounted to walls, and windows and stockpile in the residence.  No beer/alcohol or drug paraphernalia in or around the home.

12)  No loud music or subwoofers which can vibrate and cause neighbors to become unhappy and complain

13)  No drums will be allowed on premises and no band practice, rehearsing or performing will be allowed due to   noise.   Personal instruments are not allowed to be played in multi-family buildings.

14)  No fireworks may be set off anywhere inside, outside, or around the house.

I have read and understand the Noise Ordinance and Party Policy of Ohio State Properties.

 

Print Name _______________________________ Sign Name________________________________

Print Name _______________________________ Sign Name________________________________

Print Name _______________________________ Sign Name________________________________

Print Name _______________________________ Sign Name________________________________

Print Name _______________________________ Sign Name________________________________

Print Name _______________________________ Sign Name________________________________

Print Name _______________________________ Sign Name________________________________

Print Name _______________________________ Sign Name________________________________

 

Any infraction of the above line items may result in LESSEE being evicted.  Cosigner is responsible for any damages caused by the above infractions.

EXHIBIT “A” TO LEASE AND RENTAL AGREEMENT

Guaranty to Lease

This Guaranty is entered into on the ____ day of__________________ 20____, by ________________________________________(“Guarantor”)

Recitals

WHEREAS, Ohio State Properties, as LESSOR entered into a Lease Agreement
with _______________________________________________LESSEE,
dated the ____ day of ________________________, 20____,
for the premises located at __________________________________________________________________.

WHEREAS, Guarantor desires to guaranty to LESSOR the payment of (1/number of LESSEES) of the monthly rental specified in the Lease Agreement and other obligations between LESSOR and LESSEE provided in this Guaranty.

WHEREAS, The Lease Agreement was conditioned on Guarantor’s giving security obligations under the Lease Agreement in the form of a personal guaranty.

NOW, THEREFORE, in consideration of the forgoing, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following:

1.       Guarantor shall guaranty the payment to LESSOR of (1/number of LESSEES) of the rental and all other obligations specified in the Lease Agreement.

2.       The sum shall be paid to LESSOR by Guarantor within seven (7) days after receipt by Guarantor of written notice from LESSOR specifying any deficiency for an obligation of LESSEE.

3.       Guarantor promises to give LESSOR written notice of Guarantor's change of address, phone number and e-mail address.

IN WITNESS WHEREOF, the Guarantor has executed this Guaranty on the ____ day of ______________ 20____.

Notary Public	Guarantor
Name _______________________________	Name (Printed) ___________________________
Address ______________________________	Signature _______________________________
City ________________________________	Address _________________________________
State _______________ Zip _____________	Phone # (_____)_____________________
	E-mail address _____________________________