STANDARD REAL ESTATE LEASE AGREEMENT
This Agreement made this 31st day of January, 2006, is between Owner or landlord for owner (herein
after "Management") and Jack and Diane Buyer, husband and wife ("Resident whether singular or
plural") regarding 123 Main Street ("Property"), Management rents to Resident, and Resident rents
from Management under the following terms and conditions:
1. TERM: The initial term of this Agreement shall be for Twelve months (12) beginning on the Third
(3rd) day of February, 2006, and terminating at 12 noon on the Twenty-eighth (28th) day of February,
2007.
2. POSSESSION: Should Management be unable to deliver possession of the Property at the
commencement of this Agreement, Management shall not be liable for damages caused thereby, nor
shall this agreement be void or voidable, but Resident shall not be liable for any rent until possession
is delivered. Resident may terminate this Agreement if possession is not delivered within seven (7)
days of the start of the term hereof. As long as premises are habitable, Resident may not
unreasonably refuse to occupy.
3. RENT AND MANNER OF PAYMENT:
(a) Amount: Rent is payable monthly without notice or demand, at the rate of Nine Hundred ninety
five hundred DOLLARS ($995.00) per month, on the 25th day of each and every month time being of
the essence of each and every payment during the initial or any extended term of this Agreement,
regardless of cause. Rent shall be annually adjusted by four percent (4%) payable monthly beginning
the month following the initial term and adjusting annually thereafter.
(b) Manner: Money orders or cashier’s checks ONLY shall be made payable to be mailed to:
Investate, LLC 6302 Illinois Rd. #200 Fort Wayne, IN 46804 or such other place as Management may
from time to time designate. The payment received date will be recorded as the U.S. Mail Postmark
stamped on payment envelope. RENTS MUST BE POSTMARKED or RECEIVED at the office of the
Management BEFORE 5 O'CLOCK P.M. ON THE DUE DATE of each month to be considered paid on
time. Any rents lost in the mail will be treated as unpaid until received by Management. Personal
checks and cash will not be accepted. Checks received will be returned and payment will be
considered late. Monies received are applied first; to any outstanding additional rent; second: to any
unpaid fees or charges, then third; to any current rent or rent to become due. This could result in
unpaid rent which would be subject to additional rent as contained herein.
(c) Pro-rated rent: $995monthly rent/28 days= $35.54 a day (15 days left in Feb.) = $533.00
4. LATE FEES: Time is of the essence of this Agreement. If the rent, and any previous balance due,
is not received and accepted on or before the 1st day of the month (due date as described above) a
late charge of $35.00 shall be immediately due and payable.
5. ADDITIONAL RENT & RETURNED CHECKS: If Management elects to accept rent after the 1st day
of the month, Resident agrees to pay $5.00 for each day after the 1st day of the month as additional
rent. In the event collection of past due rent must be made by the Management at the Property
location, the Resident agrees to pay a $30.00 collection fee as additional rent for each such attempted
collection. The additional rent shall continue to accrue at the rate of $5.00 per day until all rents, and
any other amounts owing under this Agreement are paid in full. In the event a personal check is given
by Resident to Management, rent will be considered late until rent is paid in full by manner stated
above; INITIALS: _______. _______.
6. EARLY RELEASE AND/OR RETURN OF PROPERTY: Resident may be released from the
obligation to pay the rents contained herein, as of the last day of a rental month, before the expiration
of the initial term or any extensions by:
(a) Giving Management a minimum of sixty (60) days written notice, plus
(b) Paying all monies due through date of release, plus
(c) Paying an amount equal to one month's rent as a release fee, plus
(d) Returning Property in a clean, undamaged ready-to-rent condition as follows:
(i) Carpets, walls, floors, appliances, bathroom fixtures and other areas of the house have been
cleaned and are ready for the new Resident. Resident shall provide proof that the carpets were
professionally cleaned; and, if pets allowed, professionally treated for ticks and fleas.
(ii) Yard and shrubbery are neatly trimmed and leaves, trash and other debris have been removed
from premises.
(iii) Resident allows Management to show premises and post sign during 60 day notice period.
(iv) Resident has returned all keys to Management.
(v) Resident has given Management his/her forwarding address.
(vi) Resident has paid all final bills on all utilities that have been his/her responsibility under this
Agreement. Management shall claim damages for any charges for rent, repairs or any other
damages sustained by Management under the terms of this Agreement. These shall be paid within
seven (7) days after vacating premises. If not paid as stated herein, Resident agrees to pay
Management eighteen percent (18%) per annum.
(e) If Resident defaults on Resident's obligations pursuant to this lease and is in default, or
Resident otherwise terminates this lease prior to the expiration of its term, and possession is returned
to Management by abandonment, relinquishment, or eviction, Resident shall be liable to Management
in an amount equal to the notice period provided in 6(a), and the fee provided in 6(c), combined as
liquidated damages. In such a case, the notice period shall begin on the date that actual possession of
the Property is returned to Management. Failure or omission of either party to exercise any remedy
shall not constitute a waiver, or bar or abridge exercise of a remedy upon any subsequent default.
Receipt of rent by Management with knowledge of default by Resident shall not constitute a waiver as
to such default or as to a remedy available in respect of such default.
7. CONDITION: Resident accepts Property in its present "AS-IS" condition and acknowledges that
Resident has received a list of any existing damages to Property, been given the right to inspect same,
and has approved said list except as previously specified in writing to Management. Resident
acknowledges receipt of the “Move In Condition Report", which is now a part of this Lease and accepts
the Property conditions described in said Report to be true and accurate. Failure to notify
Management within seven (7) days after Resident receives possession shall be Resident's
acknowledgment that Property is in perfect condition in every particular and that any damages,
including breakage, burns and wear not shown shall be Resident's responsibility and expense.
8. MAINTENANCE AND REPAIRS: Resident acknowledges that the premises are in good order and
repair, unless otherwise indicated herein. Resident shall, at Residents own expense, and at all times,
maintain the Property in a clean and sanitary manner, including all equipment and appliances therein
and shall surrender the same, at the termination hereof, in as good condition as received, normal wear
and tear excepted. Resident expressly stipulates and agrees that Management is granting a
discounted security deposit in exchange for Resident's agreeing to perform and bear the expense of,
or have performed, maintenance and repairs on the dwelling, therefore, Management shall NOT be
responsible for maintenance and repairs of the Property during the term of this Agreement or any
extensions, unless otherwise provided for herein. If Resident is not qualified to perform repairs
Resident will be responsible for hiring QUALIFIED service people. Evidence of poor quality
maintenance or use of unqualified service people is a violation of this Lease. Management will not
honor any charges, or deductions from rent. If the board of health or other agency is called because of
Resident not doing repairs, Resident shall be deemed in default under this Lease. Resident agrees to
be responsible for all maintenance and repairs up to agreed upon deductable per occurrence required
on the Property for the term of the Lease in exchange for the discounted security deposit. If Resident
repair responsibilities conflict with any state laws to the contrary, Resident expressly agrees to fully
waive and relinquish any protections so provided. Resident shall be responsible for damages caused
by his negligence and that of his family or invitees and guests. Resident shall mow, irrigate and
maintain any surrounding grounds, including lawns, shrubbery and gutters, and keep the same clear
of rubbish, trash, weeds or leaves if such grounds are part of the Property and are available for the
use of Resident. Should Resident fail to do so, Management, after attempting to notify Resident, may,
but is not required to, maintain lawns and/or shrubbery by using a professional yard maintenance
company. If Management must provide any such maintenance or repairs Resident agrees to pay
those costs as additional rent.
9. SECURITY DEPOSIT: Tenant’s non interest bearing security deposit is One Hundred Dollars
($100.00). Any damages not previously reported on the Move In Condition Report will be repaired at
Tenant's expense per Move Out Fees attached to this lease. Landlord may commingle deposit.
10. USE: The Property shall be used for Residential purposes only and shall be occupied by the
undersigned ( ) adults and their ( ) children as named in the original application to rent, only.
Occupancy by guests staying over 14 days will be considered in violation of this agreement and
additional monthly rent of $100.00 per person shall be due, chargeable from the beginning date of this
Agreement, unless prior written consent is given by Management. The Property shall be used so as
to comply with all state, county, and municipal laws and ordinances and shall be kept in a clean and
orderly condition. Resident shall not use the Property or permit it to be used for any disorderly or
unlawful purpose or in any manner so as to interfere with neighbors. Resident shall be responsible
and fully liable for the conduct of his/her guests. Acts of guests in violation of this Agreement or
Management's rules and regulations may be deemed by Management to be a breach by Resident.
11. ALTERATIONS: Resident shall not make, or allow to be made, any alterations, installations,
repairs or redecoration of any kind to the Property without prior written permission of Management,
provided, however, that notwithstanding such consent, Resident agrees that all alterations including,
without limitation, any items affixed to the Property, shall become the property of Management upon
the termination of this Agreement. This includes, but is not limited to, ceiling fans, mini blinds,
carpeting, fencing, lighting fixtures, shrubs, flowers, etc. Removal of these items shall be considered
theft subject to civil and criminal prosecution.
12. APPLIANCES: All appliances of any kind are specifically excluded from this Agreement and no
part of the monthly rent is attributable to them. The rental payment specifically EXCLUDES all
appliances. Such appliances remain as a convenience to Resident and Management assumes no
responsibility for their operation. In the event appliances become unsatisfactory after occupancy by
Resident is started, the Resident will have them repaired or replaced at no cost to Management.
Written permission from Management is required to remove any appliances. Any appliance replaced
by Resident must be equal to or greater than the value of the appliance(s) at the start of this
Agreement.
The following appliance(s) are on Property at the start of this Agreement: stove; refrigerator;
washer; dryer; microwave: oven vent; water softener; dishwasher; dehumidifier; sump
pump; window air conditioner; pool equipment; other:__________________________________ ;
NONE.
13. RULES AND REGULATIONS:
(a) Locks and Burglar Alarms: Resident acknowledges Management has changed locks on all
doors of Property and Resident received new keys for Resident’s own use. Resident is prohibited from
adding locks to, changing or in any way altering locks installed on the doors of the Property without
written permission of Management. If the addition or changing of such lock is permitted, it is
mandatory that Resident shall immediately provide Management with keys to such locks. Resident is
prohibited from installing a burglar alarm to, changing or in any way altering any existing burglar alarm
installed on the Property without written permission of Management. If the installation or changing of
such burglar alarm is permitted, it is mandatory that Resident shall immediately provide Management
with all codes to such burglar alarm. Resident agrees that Management is not liable for any
unauthorized entry into dwelling of any kind whatsoever.
(b) Utilities: Resident is responsible for payment of all utilities, to include water, sewage, garbage
collection, cable TV, electricity, gas, local telephone service; even if the bills remain in Management's
name. Failing to pay the utility bills will be interpreted as a default and a violation of this Agreement.
Any installation costs are the responsibility of Resident. Any wall jacks, telephone or cable installation
shall remain with the Property. Installation of dishes must be approved by Management.
(c) Telephones: Resident shall obtain a home telephone and must supply Management with home
and work telephone numbers immediately and agrees to immediately notify Management of any
change of numbers during the term of this Agreement.
(d) Storage: No goods or materials of any kind or description which are combustible or would
increase fire risk, shall be stored on the Property. Any storage shall be at Resident's risk and
expense, Management shall not be responsible for any loss or damage.
(e) Walls: No nails, screws or adhesive hangers except standard picture hooks, shade brackets
and curtain rod brackets may be placed in walls, woodwork, or any part of the Property.
(f) GOOD HOUSEKEEPING IS EXPECTED OF EVERYONE: Resident agrees to keep the Property
in a clean and sanitary condition, and to remove any trash or rubbish as it accumulates.
(g) Pest control: Resident agrees to provide pest control as needed. Any infestation shall
constitute a default of this Agreement.
(h) Furnace maintenance: Resident shall change furnace filter(s) monthly during the
heating/cooling season.
(i) Smoke alarms: Resident acknowledges the presence of a working smoke detector for each
floor and a fire extinguisher for the Property and agrees to and understands how to test the same
weekly for proper operation and to replace any batteries (if so equipped) when necessary. Resident
also agrees to repair or replace any inoperative smoke detector or extinguisher immediately should it
fail to operate properly during any test.
(j) Kerosene Heaters and Appliances: Resident agrees not to use any form of Kerosene space
heater in the dwelling.
(k) Water beds: Resident shall not have or keep any water bed in the dwelling without prior written
permission of Management. A condition of approval is a waterbed insurance policy paid by Resident
with Management listed as loss payee.
(l) Vehicles: Vehicles shall NOT be parked on lawn at any time. Non-operative vehicles are not
permitted on Property. Any such non-operative vehicle may be removed by Management at the
expense of Resident, for storage or public or private sale, at Management's option, and Resident shall
have no right of recourse against Management thereafter.
(m) Yard care and snow: Resident will be responsible for maintaining the lawn, bushes, and trees
in a neat and attractive manner and clearing snow from walks. If not cared for, Management has the
right to have this done professionally and Resident herewith agrees to pay for same.
(n) Gutters: Resident shall have gutters cleaned each fall or as needed.
(o) Basements: Management in no way warrants any basement against any leakage of any kind
at any time.
(p) Septic: If residence has septic tank, resident shall not abuse system; do not deposit tobacco,
coffee grounds or unnecessary food or other wastes or materials, including diapers and sanitary
napkins, down sinks or commodes. Resident shall regularly add septic tank treatment, available at
home supply stores, to the system to keep it operating properly and efficiently. Resident is prohibited
from adding a garbage disposal to any house which has a septic system.
(q) Resident must call three days prior to any digging on or around Property Indiana Contact Center,
(800) 382-5544, to have underground lines marked.
(r).Inspections: To ensure safe and sanitary housing, maintenance inspections occur every six (6)
months unless otherwise prescribed by Landlord. The next maintenance inspection date will be six (6)
months from the date this Lease is signed. Landlord will give Tenant 24-hour notice of inspection.
14. PETS: No pets, birds, fish, or other animals of any kind, permanent or visiting, indoor or outdoor,
shall be permitted on the property without prior written consent of Management. Any such pets, if
allowed, require the payment of a non-refundable pet fee. By this listing, Resident agrees to be fully
liable for damages and injuries to property and/or people which might be caused by pets. Resident
agrees that if said pets should at any time become annoying, bothersome, or in any way a nuisance to
neighbors, Resident will, upon notice of Management, immediately remove said pets from the
premises. Any unauthorized pets found on the premises shall be removed by Resident and above
stated pet fees, retroactively to the date of this Agreement, shall be paid immediately to Management.
Only the pets listed on Pet Agreement are authorized on premises; INITIALS: _______. _______.
15. PROPERTY LOSS & LIABILITY: Management shall not be liable for damage, theft, vandalism, or
other loss of any kind to Resident's personal property or the personal property of Resident's family
members or guests. Management shall not be responsible or liable for any injury, loss or damage to
any person or property of Resident or any other persons. If the Property is made uninhabitable by fire
or other casualty, not the fault of Resident, this Agreement shall be voidable by either party.
16. RENTERS INSURANCE: Resident agrees to purchase comprehensive insurance, known as a
Renter's Insurance Policy, against all perils, including but not limited to insurance on personal property
or property of other persons from protection of loss due to or caused by theft, vandalism, bursting or
breaking pipes, by or from fire, windstorm, hail, flooding, leakage, steam, snow or ice, by or from
running water, backing up of drainage pipes, seepage, or the overflow of water or sewage on the
Property. Said policy shall include liability coverage of $300,000.00 minimum.
17. LEAD AND/OR ASBESTOS CONTAINING MATERIALS: If Property was constructed prior to 1978 it
may contain lead and/or asbestos containing materials. Resident may have Property tested for lead
and/or asbestos levels prior to occupancy. Should Resident determine that the levels of lead or
asbestos are unacceptable to Resident, Resident may void this Agreement prior to taking possession
of Property, but not later than three (3) days after entering into this Agreement with Management.
Resident acknowledges receipt Pamphlet Protect Your Family From Lead in Your Home and disclosure
form attached hereto.
18. RIGHT OF ACCESS: Management may enter the Property without notice to Resident for
inspection and maintenance during reasonable hours as determined by Management. If locks have
been changed without providing Management with a key, Management may forcibly enter without being
liable for damage or unlawful entry. In case of emergency, Management may enter at any time.
During the last sixty (60) days of occupancy, or upon notification of intent to vacate, Management may
place a sign on the Property and/or may install a lock-box and show the Property during reasonable
hours. Management will attempt to notify Resident, but has no obligation to do so.
19. DEFAULT BY RESIDENT: Should Resident fail to pay any rent or other charges as and when due
hereunder, or if Resident abandons the property or fails to perform any of its obligations hereunder,
Management, at its option, may terminate all rights of Resident hereunder, unless Resident, within 24
hours after notice thereof, shall cure such default. If Resident abandons or vacates the Property,
while in default of the payment of rent, Management may consider any property left on the Property to
be abandoned and may dispose of same in any manner allowed by law, without responsibility or liability
therefor. All personal property at the Property is hereby subject to a lien in favor of Management for
payment of all sums due hereunder, to the maximum extent under law. Upon the adjudication of
Resident in Bankruptcy, or if any facts contained in Resident's application are untrue or misleading,
then, upon the happening of any of said events, Resident shall be in default hereunder and
Management may, at its option, immediately terminate this Agreement by written notice to Resident. In
the event of a default by Resident, Management may elect to (i) continue this Agreement and enforce
all of Management's rights and remedies hereunder, including the right to recover the rent as it comes
due, or (ii) at any time, terminate all of Resident's rights hereunder and recover from Resident all
damages Management may incur by reason of the breach of this Agreement, including the cost of
recovering the Property, and including the worth at the time of termination, or at the time of an award
should a suit be instituted to enforce this provision, of the amount by which the unpaid rent for the
balance of the term exceeds the amount of such rental loss which Resident proves could be
reasonably avoided.
20. ABANDONMENT: Anytime the Property is left unoccupied for more than seven (7) days while rent
remains unpaid without notice to Management, Management may consider the Property abandoned.
Management may, at its option, declare this Agreement forfeited and re-rent said premises without any
liability whatsoever. Resident shall be obligated to pay based on the balance of the rental agreement
or the early termination requirement, whichever is greater. If Resident removes or attempts to remove
any personal property from the premises other than in the usual course of continuing occupancy,
without having first paid Management all monies due, Management shall have the right, without notice,
to obtain an injunction to stop removal as Management has an attachment interest in the personal
belongings of the non-paying Resident. Management shall also have the right to remove, store or
dispose of any of Resident's personal property remaining on the premises after the termination of this
agreement. Any such personal property shall be considered Management's property, and title thereto
shall vest in Management.
21. CROSS DEFAULT: If Resident has entered into any other agreements concerning Property and
Resident defaults on any provisions of those agreements, then this Agreement shall also be
considered in default and, at the option of Management, this Agreement may be voided.
22. EVICTION: If rent has not been paid when due, then Management shall automatically and
immediately have the right to assert all legal and contractual remedies to enforce this Agreement and,
without limitation to any other remedy, may file an eviction and have Resident and any other occupants
and all possessions evicted and removed from Property. Should Resident answer said eviction,
Resident hereby agrees to pay into the registry of the trial court all monies contained on said eviction
plus all rents due through the court date. Whenever, under the terms hereof, Management is entitled
to possession of the Property, Resident will surrender same to Management in as good condition as at
present, ordinary use and wear excepted, and Resident will remove all of Resident's effects therefrom,
and Management may forthwith re-enter Property and repossess thereof and remove all persons and
effects therefrom using such force as necessary without being guilty of forcible entry or detainer,
trespass or other tort. Resident is hereby advised that if such action is necessary, a judgment may be
rendered against Resident for full damages including rent, eviction costs, and any additional costs.
Resident shall also be responsible for the early termination fees as contained in paragraph 6 of this
Agreement. If said costs are not paid as ordered, monies may be collected through garnishment
against wages and judgments may be recorded with credit bureaus and may be assigned to a
collection agency for collection with said costs of collection being the responsibility of Resident. If
Landlord refers Tenant’s account for collection, Tenant balance shall increase 19% for collection fee
and interest will accrue thereon. Landlord may also sell and/or assign defaulted Tenant’s bad debt.
There shall be a $125.00 administration Eviction Filing Fee for each eviction filed
23. MANAGEMENT'S PERMISSION OR CONSENT: If any provision of this Agreement requires the
written permission or consent of Management as a condition to any act of Resident, such written
permission or consent may be granted or withheld in the sole discretion of Management and/or may
contain such conditions as Management deems appropriate and shall be effective only so long as
Resident complies with such conditions. Moreover, any written permission or consent given by
Management to Resident may be modified, revoked, or withdrawn by Management at any time, at
Management's sole discretion, upon written notice to Resident.
24. ACKNOWLEDGEMENT OF DISCLOSURE AND AGREEMENTS.
1. Smoke Detector and Change of Locks: Resident acknowledges Management has provided a
smoke detector for each floor and a fire extinguisher for the Premises and has changed locks on all
doors of Premises and received new keys for Resident’s own use.
2. Licensing Disclosure: Resident is informed that Management or employees of Management
hold Indiana real estate licenses.
3. Admissible Signatory: Signatures faxed or digitally produced shall have the same legal force and
effect as an original ink signature.
IN WITNESS WHEREOF, When signed, this instrument is a legal binding contract. Resident, if you are
not in agreement with any of the above stated terms and provisions herein, please contact
Management for instructions to return this entire unsigned Lease package. Executing this Lease shall
constitute acknowledgement by Resident that Resident has carefully read this Lease as well as the
terms and provisions herein, fully understand its contents, and has had ample opportunity to consult
with an independent attorney or other advisor before executing same.
SIGNED, sealed and stated in duplicate, both of which are considered originals on this ____ day of
________________, 200___.
O__________________________ ______________________ _____________
“Resident” Signature (1) Printed with middle initial (1) Date of Birth
O__________________________ ______________________ _____________
“Resident” Signature (2) Printed with middle initial (2) Date of Birth
_________________________________________________________ Date: ____________
“Management” , as agent for the owner, whose address is:
6302 Illinois Rd. #200 Fort Wayne, IN 46804
This Agreement made this 31st day of January, 2006, is between Owner or landlord for owner (herein
after "Management") and Jack and Diane Buyer, husband and wife ("Resident whether singular or
plural") regarding 123 Main Street ("Property"), Management rents to Resident, and Resident rents
from Management under the following terms and conditions:
1. TERM: The initial term of this Agreement shall be for Twelve months (12) beginning on the Third
(3rd) day of February, 2006, and terminating at 12 noon on the Twenty-eighth (28th) day of February,
2007.
2. POSSESSION: Should Management be unable to deliver possession of the Property at the
commencement of this Agreement, Management shall not be liable for damages caused thereby, nor
shall this agreement be void or voidable, but Resident shall not be liable for any rent until possession
is delivered. Resident may terminate this Agreement if possession is not delivered within seven (7)
days of the start of the term hereof. As long as premises are habitable, Resident may not
unreasonably refuse to occupy.
3. RENT AND MANNER OF PAYMENT:
(a) Amount: Rent is payable monthly without notice or demand, at the rate of Nine Hundred ninety
five hundred DOLLARS ($995.00) per month, on the 25th day of each and every month time being of
the essence of each and every payment during the initial or any extended term of this Agreement,
regardless of cause. Rent shall be annually adjusted by four percent (4%) payable monthly beginning
the month following the initial term and adjusting annually thereafter.
(b) Manner: Money orders or cashier’s checks ONLY shall be made payable to be mailed to:
Investate, LLC 6302 Illinois Rd. #200 Fort Wayne, IN 46804 or such other place as Management may
from time to time designate. The payment received date will be recorded as the U.S. Mail Postmark
stamped on payment envelope. RENTS MUST BE POSTMARKED or RECEIVED at the office of the
Management BEFORE 5 O'CLOCK P.M. ON THE DUE DATE of each month to be considered paid on
time. Any rents lost in the mail will be treated as unpaid until received by Management. Personal
checks and cash will not be accepted. Checks received will be returned and payment will be
considered late. Monies received are applied first; to any outstanding additional rent; second: to any
unpaid fees or charges, then third; to any current rent or rent to become due. This could result in
unpaid rent which would be subject to additional rent as contained herein.
(c) Pro-rated rent: $995monthly rent/28 days= $35.54 a day (15 days left in Feb.) = $533.00
4. LATE FEES: Time is of the essence of this Agreement. If the rent, and any previous balance due,
is not received and accepted on or before the 1st day of the month (due date as described above) a
late charge of $35.00 shall be immediately due and payable.
5. ADDITIONAL RENT & RETURNED CHECKS: If Management elects to accept rent after the 1st day
of the month, Resident agrees to pay $5.00 for each day after the 1st day of the month as additional
rent. In the event collection of past due rent must be made by the Management at the Property
location, the Resident agrees to pay a $30.00 collection fee as additional rent for each such attempted
collection. The additional rent shall continue to accrue at the rate of $5.00 per day until all rents, and
any other amounts owing under this Agreement are paid in full. In the event a personal check is given
by Resident to Management, rent will be considered late until rent is paid in full by manner stated
above; INITIALS: _______. _______.
6. EARLY RELEASE AND/OR RETURN OF PROPERTY: Resident may be released from the
obligation to pay the rents contained herein, as of the last day of a rental month, before the expiration
of the initial term or any extensions by:
(a) Giving Management a minimum of sixty (60) days written notice, plus
(b) Paying all monies due through date of release, plus
(c) Paying an amount equal to one month's rent as a release fee, plus
(d) Returning Property in a clean, undamaged ready-to-rent condition as follows:
(i) Carpets, walls, floors, appliances, bathroom fixtures and other areas of the house have been
cleaned and are ready for the new Resident. Resident shall provide proof that the carpets were
professionally cleaned; and, if pets allowed, professionally treated for ticks and fleas.
(ii) Yard and shrubbery are neatly trimmed and leaves, trash and other debris have been removed
from premises.
(iii) Resident allows Management to show premises and post sign during 60 day notice period.
(iv) Resident has returned all keys to Management.
(v) Resident has given Management his/her forwarding address.
(vi) Resident has paid all final bills on all utilities that have been his/her responsibility under this
Agreement. Management shall claim damages for any charges for rent, repairs or any other
damages sustained by Management under the terms of this Agreement. These shall be paid within
seven (7) days after vacating premises. If not paid as stated herein, Resident agrees to pay
Management eighteen percent (18%) per annum.
(e) If Resident defaults on Resident's obligations pursuant to this lease and is in default, or
Resident otherwise terminates this lease prior to the expiration of its term, and possession is returned
to Management by abandonment, relinquishment, or eviction, Resident shall be liable to Management
in an amount equal to the notice period provided in 6(a), and the fee provided in 6(c), combined as
liquidated damages. In such a case, the notice period shall begin on the date that actual possession of
the Property is returned to Management. Failure or omission of either party to exercise any remedy
shall not constitute a waiver, or bar or abridge exercise of a remedy upon any subsequent default.
Receipt of rent by Management with knowledge of default by Resident shall not constitute a waiver as
to such default or as to a remedy available in respect of such default.
7. CONDITION: Resident accepts Property in its present "AS-IS" condition and acknowledges that
Resident has received a list of any existing damages to Property, been given the right to inspect same,
and has approved said list except as previously specified in writing to Management. Resident
acknowledges receipt of the “Move In Condition Report", which is now a part of this Lease and accepts
the Property conditions described in said Report to be true and accurate. Failure to notify
Management within seven (7) days after Resident receives possession shall be Resident's
acknowledgment that Property is in perfect condition in every particular and that any damages,
including breakage, burns and wear not shown shall be Resident's responsibility and expense.
8. MAINTENANCE AND REPAIRS: Resident acknowledges that the premises are in good order and
repair, unless otherwise indicated herein. Resident shall, at Residents own expense, and at all times,
maintain the Property in a clean and sanitary manner, including all equipment and appliances therein
and shall surrender the same, at the termination hereof, in as good condition as received, normal wear
and tear excepted. Resident expressly stipulates and agrees that Management is granting a
discounted security deposit in exchange for Resident's agreeing to perform and bear the expense of,
or have performed, maintenance and repairs on the dwelling, therefore, Management shall NOT be
responsible for maintenance and repairs of the Property during the term of this Agreement or any
extensions, unless otherwise provided for herein. If Resident is not qualified to perform repairs
Resident will be responsible for hiring QUALIFIED service people. Evidence of poor quality
maintenance or use of unqualified service people is a violation of this Lease. Management will not
honor any charges, or deductions from rent. If the board of health or other agency is called because of
Resident not doing repairs, Resident shall be deemed in default under this Lease. Resident agrees to
be responsible for all maintenance and repairs up to agreed upon deductable per occurrence required
on the Property for the term of the Lease in exchange for the discounted security deposit. If Resident
repair responsibilities conflict with any state laws to the contrary, Resident expressly agrees to fully
waive and relinquish any protections so provided. Resident shall be responsible for damages caused
by his negligence and that of his family or invitees and guests. Resident shall mow, irrigate and
maintain any surrounding grounds, including lawns, shrubbery and gutters, and keep the same clear
of rubbish, trash, weeds or leaves if such grounds are part of the Property and are available for the
use of Resident. Should Resident fail to do so, Management, after attempting to notify Resident, may,
but is not required to, maintain lawns and/or shrubbery by using a professional yard maintenance
company. If Management must provide any such maintenance or repairs Resident agrees to pay
those costs as additional rent.
9. SECURITY DEPOSIT: Tenant’s non interest bearing security deposit is One Hundred Dollars
($100.00). Any damages not previously reported on the Move In Condition Report will be repaired at
Tenant's expense per Move Out Fees attached to this lease. Landlord may commingle deposit.
10. USE: The Property shall be used for Residential purposes only and shall be occupied by the
undersigned ( ) adults and their ( ) children as named in the original application to rent, only.
Occupancy by guests staying over 14 days will be considered in violation of this agreement and
additional monthly rent of $100.00 per person shall be due, chargeable from the beginning date of this
Agreement, unless prior written consent is given by Management. The Property shall be used so as
to comply with all state, county, and municipal laws and ordinances and shall be kept in a clean and
orderly condition. Resident shall not use the Property or permit it to be used for any disorderly or
unlawful purpose or in any manner so as to interfere with neighbors. Resident shall be responsible
and fully liable for the conduct of his/her guests. Acts of guests in violation of this Agreement or
Management's rules and regulations may be deemed by Management to be a breach by Resident.
11. ALTERATIONS: Resident shall not make, or allow to be made, any alterations, installations,
repairs or redecoration of any kind to the Property without prior written permission of Management,
provided, however, that notwithstanding such consent, Resident agrees that all alterations including,
without limitation, any items affixed to the Property, shall become the property of Management upon
the termination of this Agreement. This includes, but is not limited to, ceiling fans, mini blinds,
carpeting, fencing, lighting fixtures, shrubs, flowers, etc. Removal of these items shall be considered
theft subject to civil and criminal prosecution.
12. APPLIANCES: All appliances of any kind are specifically excluded from this Agreement and no
part of the monthly rent is attributable to them. The rental payment specifically EXCLUDES all
appliances. Such appliances remain as a convenience to Resident and Management assumes no
responsibility for their operation. In the event appliances become unsatisfactory after occupancy by
Resident is started, the Resident will have them repaired or replaced at no cost to Management.
Written permission from Management is required to remove any appliances. Any appliance replaced
by Resident must be equal to or greater than the value of the appliance(s) at the start of this
Agreement.
The following appliance(s) are on Property at the start of this Agreement: stove; refrigerator;
washer; dryer; microwave: oven vent; water softener; dishwasher; dehumidifier; sump
pump; window air conditioner; pool equipment; other:__________________________________ ;
NONE.
13. RULES AND REGULATIONS:
(a) Locks and Burglar Alarms: Resident acknowledges Management has changed locks on all
doors of Property and Resident received new keys for Resident’s own use. Resident is prohibited from
adding locks to, changing or in any way altering locks installed on the doors of the Property without
written permission of Management. If the addition or changing of such lock is permitted, it is
mandatory that Resident shall immediately provide Management with keys to such locks. Resident is
prohibited from installing a burglar alarm to, changing or in any way altering any existing burglar alarm
installed on the Property without written permission of Management. If the installation or changing of
such burglar alarm is permitted, it is mandatory that Resident shall immediately provide Management
with all codes to such burglar alarm. Resident agrees that Management is not liable for any
unauthorized entry into dwelling of any kind whatsoever.
(b) Utilities: Resident is responsible for payment of all utilities, to include water, sewage, garbage
collection, cable TV, electricity, gas, local telephone service; even if the bills remain in Management's
name. Failing to pay the utility bills will be interpreted as a default and a violation of this Agreement.
Any installation costs are the responsibility of Resident. Any wall jacks, telephone or cable installation
shall remain with the Property. Installation of dishes must be approved by Management.
(c) Telephones: Resident shall obtain a home telephone and must supply Management with home
and work telephone numbers immediately and agrees to immediately notify Management of any
change of numbers during the term of this Agreement.
(d) Storage: No goods or materials of any kind or description which are combustible or would
increase fire risk, shall be stored on the Property. Any storage shall be at Resident's risk and
expense, Management shall not be responsible for any loss or damage.
(e) Walls: No nails, screws or adhesive hangers except standard picture hooks, shade brackets
and curtain rod brackets may be placed in walls, woodwork, or any part of the Property.
(f) GOOD HOUSEKEEPING IS EXPECTED OF EVERYONE: Resident agrees to keep the Property
in a clean and sanitary condition, and to remove any trash or rubbish as it accumulates.
(g) Pest control: Resident agrees to provide pest control as needed. Any infestation shall
constitute a default of this Agreement.
(h) Furnace maintenance: Resident shall change furnace filter(s) monthly during the
heating/cooling season.
(i) Smoke alarms: Resident acknowledges the presence of a working smoke detector for each
floor and a fire extinguisher for the Property and agrees to and understands how to test the same
weekly for proper operation and to replace any batteries (if so equipped) when necessary. Resident
also agrees to repair or replace any inoperative smoke detector or extinguisher immediately should it
fail to operate properly during any test.
(j) Kerosene Heaters and Appliances: Resident agrees not to use any form of Kerosene space
heater in the dwelling.
(k) Water beds: Resident shall not have or keep any water bed in the dwelling without prior written
permission of Management. A condition of approval is a waterbed insurance policy paid by Resident
with Management listed as loss payee.
(l) Vehicles: Vehicles shall NOT be parked on lawn at any time. Non-operative vehicles are not
permitted on Property. Any such non-operative vehicle may be removed by Management at the
expense of Resident, for storage or public or private sale, at Management's option, and Resident shall
have no right of recourse against Management thereafter.
(m) Yard care and snow: Resident will be responsible for maintaining the lawn, bushes, and trees
in a neat and attractive manner and clearing snow from walks. If not cared for, Management has the
right to have this done professionally and Resident herewith agrees to pay for same.
(n) Gutters: Resident shall have gutters cleaned each fall or as needed.
(o) Basements: Management in no way warrants any basement against any leakage of any kind
at any time.
(p) Septic: If residence has septic tank, resident shall not abuse system; do not deposit tobacco,
coffee grounds or unnecessary food or other wastes or materials, including diapers and sanitary
napkins, down sinks or commodes. Resident shall regularly add septic tank treatment, available at
home supply stores, to the system to keep it operating properly and efficiently. Resident is prohibited
from adding a garbage disposal to any house which has a septic system.
(q) Resident must call three days prior to any digging on or around Property Indiana Contact Center,
(800) 382-5544, to have underground lines marked.
(r).Inspections: To ensure safe and sanitary housing, maintenance inspections occur every six (6)
months unless otherwise prescribed by Landlord. The next maintenance inspection date will be six (6)
months from the date this Lease is signed. Landlord will give Tenant 24-hour notice of inspection.
14. PETS: No pets, birds, fish, or other animals of any kind, permanent or visiting, indoor or outdoor,
shall be permitted on the property without prior written consent of Management. Any such pets, if
allowed, require the payment of a non-refundable pet fee. By this listing, Resident agrees to be fully
liable for damages and injuries to property and/or people which might be caused by pets. Resident
agrees that if said pets should at any time become annoying, bothersome, or in any way a nuisance to
neighbors, Resident will, upon notice of Management, immediately remove said pets from the
premises. Any unauthorized pets found on the premises shall be removed by Resident and above
stated pet fees, retroactively to the date of this Agreement, shall be paid immediately to Management.
Only the pets listed on Pet Agreement are authorized on premises; INITIALS: _______. _______.
15. PROPERTY LOSS & LIABILITY: Management shall not be liable for damage, theft, vandalism, or
other loss of any kind to Resident's personal property or the personal property of Resident's family
members or guests. Management shall not be responsible or liable for any injury, loss or damage to
any person or property of Resident or any other persons. If the Property is made uninhabitable by fire
or other casualty, not the fault of Resident, this Agreement shall be voidable by either party.
16. RENTERS INSURANCE: Resident agrees to purchase comprehensive insurance, known as a
Renter's Insurance Policy, against all perils, including but not limited to insurance on personal property
or property of other persons from protection of loss due to or caused by theft, vandalism, bursting or
breaking pipes, by or from fire, windstorm, hail, flooding, leakage, steam, snow or ice, by or from
running water, backing up of drainage pipes, seepage, or the overflow of water or sewage on the
Property. Said policy shall include liability coverage of $300,000.00 minimum.
17. LEAD AND/OR ASBESTOS CONTAINING MATERIALS: If Property was constructed prior to 1978 it
may contain lead and/or asbestos containing materials. Resident may have Property tested for lead
and/or asbestos levels prior to occupancy. Should Resident determine that the levels of lead or
asbestos are unacceptable to Resident, Resident may void this Agreement prior to taking possession
of Property, but not later than three (3) days after entering into this Agreement with Management.
Resident acknowledges receipt Pamphlet Protect Your Family From Lead in Your Home and disclosure
form attached hereto.
18. RIGHT OF ACCESS: Management may enter the Property without notice to Resident for
inspection and maintenance during reasonable hours as determined by Management. If locks have
been changed without providing Management with a key, Management may forcibly enter without being
liable for damage or unlawful entry. In case of emergency, Management may enter at any time.
During the last sixty (60) days of occupancy, or upon notification of intent to vacate, Management may
place a sign on the Property and/or may install a lock-box and show the Property during reasonable
hours. Management will attempt to notify Resident, but has no obligation to do so.
19. DEFAULT BY RESIDENT: Should Resident fail to pay any rent or other charges as and when due
hereunder, or if Resident abandons the property or fails to perform any of its obligations hereunder,
Management, at its option, may terminate all rights of Resident hereunder, unless Resident, within 24
hours after notice thereof, shall cure such default. If Resident abandons or vacates the Property,
while in default of the payment of rent, Management may consider any property left on the Property to
be abandoned and may dispose of same in any manner allowed by law, without responsibility or liability
therefor. All personal property at the Property is hereby subject to a lien in favor of Management for
payment of all sums due hereunder, to the maximum extent under law. Upon the adjudication of
Resident in Bankruptcy, or if any facts contained in Resident's application are untrue or misleading,
then, upon the happening of any of said events, Resident shall be in default hereunder and
Management may, at its option, immediately terminate this Agreement by written notice to Resident. In
the event of a default by Resident, Management may elect to (i) continue this Agreement and enforce
all of Management's rights and remedies hereunder, including the right to recover the rent as it comes
due, or (ii) at any time, terminate all of Resident's rights hereunder and recover from Resident all
damages Management may incur by reason of the breach of this Agreement, including the cost of
recovering the Property, and including the worth at the time of termination, or at the time of an award
should a suit be instituted to enforce this provision, of the amount by which the unpaid rent for the
balance of the term exceeds the amount of such rental loss which Resident proves could be
reasonably avoided.
20. ABANDONMENT: Anytime the Property is left unoccupied for more than seven (7) days while rent
remains unpaid without notice to Management, Management may consider the Property abandoned.
Management may, at its option, declare this Agreement forfeited and re-rent said premises without any
liability whatsoever. Resident shall be obligated to pay based on the balance of the rental agreement
or the early termination requirement, whichever is greater. If Resident removes or attempts to remove
any personal property from the premises other than in the usual course of continuing occupancy,
without having first paid Management all monies due, Management shall have the right, without notice,
to obtain an injunction to stop removal as Management has an attachment interest in the personal
belongings of the non-paying Resident. Management shall also have the right to remove, store or
dispose of any of Resident's personal property remaining on the premises after the termination of this
agreement. Any such personal property shall be considered Management's property, and title thereto
shall vest in Management.
21. CROSS DEFAULT: If Resident has entered into any other agreements concerning Property and
Resident defaults on any provisions of those agreements, then this Agreement shall also be
considered in default and, at the option of Management, this Agreement may be voided.
22. EVICTION: If rent has not been paid when due, then Management shall automatically and
immediately have the right to assert all legal and contractual remedies to enforce this Agreement and,
without limitation to any other remedy, may file an eviction and have Resident and any other occupants
and all possessions evicted and removed from Property. Should Resident answer said eviction,
Resident hereby agrees to pay into the registry of the trial court all monies contained on said eviction
plus all rents due through the court date. Whenever, under the terms hereof, Management is entitled
to possession of the Property, Resident will surrender same to Management in as good condition as at
present, ordinary use and wear excepted, and Resident will remove all of Resident's effects therefrom,
and Management may forthwith re-enter Property and repossess thereof and remove all persons and
effects therefrom using such force as necessary without being guilty of forcible entry or detainer,
trespass or other tort. Resident is hereby advised that if such action is necessary, a judgment may be
rendered against Resident for full damages including rent, eviction costs, and any additional costs.
Resident shall also be responsible for the early termination fees as contained in paragraph 6 of this
Agreement. If said costs are not paid as ordered, monies may be collected through garnishment
against wages and judgments may be recorded with credit bureaus and may be assigned to a
collection agency for collection with said costs of collection being the responsibility of Resident. If
Landlord refers Tenant’s account for collection, Tenant balance shall increase 19% for collection fee
and interest will accrue thereon. Landlord may also sell and/or assign defaulted Tenant’s bad debt.
There shall be a $125.00 administration Eviction Filing Fee for each eviction filed
23. MANAGEMENT'S PERMISSION OR CONSENT: If any provision of this Agreement requires the
written permission or consent of Management as a condition to any act of Resident, such written
permission or consent may be granted or withheld in the sole discretion of Management and/or may
contain such conditions as Management deems appropriate and shall be effective only so long as
Resident complies with such conditions. Moreover, any written permission or consent given by
Management to Resident may be modified, revoked, or withdrawn by Management at any time, at
Management's sole discretion, upon written notice to Resident.
24. ACKNOWLEDGEMENT OF DISCLOSURE AND AGREEMENTS.
1. Smoke Detector and Change of Locks: Resident acknowledges Management has provided a
smoke detector for each floor and a fire extinguisher for the Premises and has changed locks on all
doors of Premises and received new keys for Resident’s own use.
2. Licensing Disclosure: Resident is informed that Management or employees of Management
hold Indiana real estate licenses.
3. Admissible Signatory: Signatures faxed or digitally produced shall have the same legal force and
effect as an original ink signature.
IN WITNESS WHEREOF, When signed, this instrument is a legal binding contract. Resident, if you are
not in agreement with any of the above stated terms and provisions herein, please contact
Management for instructions to return this entire unsigned Lease package. Executing this Lease shall
constitute acknowledgement by Resident that Resident has carefully read this Lease as well as the
terms and provisions herein, fully understand its contents, and has had ample opportunity to consult
with an independent attorney or other advisor before executing same.
SIGNED, sealed and stated in duplicate, both of which are considered originals on this ____ day of
________________, 200___.
O__________________________ ______________________ _____________
“Resident” Signature (1) Printed with middle initial (1) Date of Birth
O__________________________ ______________________ _____________
“Resident” Signature (2) Printed with middle initial (2) Date of Birth
_________________________________________________________ Date: ____________
“Management” , as agent for the owner, whose address is:
6302 Illinois Rd. #200 Fort Wayne, IN 46804
