Hunsinger Enterprises, Inc. Lease Agreement
APARTMENT
ADDRESS ___________________________________________________
SECURITY DEPOSIT AMOUNT $_____________________________________________
GROSS RENT FOR TERM $_________________________________________________
PARKING TOTAL $_____________________FOR _________________________SPACE
UTILITY ALLOWANCE TOTAL $_____________________________________________
TOTAL OCCUPANTS _____________________
THIS INDENTURE, made this
BETWEEN
Hunsinger Enterprises, Inc. as Lessor and
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
jointly and severally as Lessees.
WITNESSETH:
That the Lessor hereby leases to said Lessees the
premises and personal property located therein,
known as Apartment No. to be occupied as an apartment
only by said Lessees, from 1:00 PM the 18th day
of August 2007 to 9:00 AM the 11th day of August
2008 the terms and conditions hereinafter set forth,
and covenants to perform the same as follows:
1. Rental Payment. The said Lessees shall pay to
the said Lessor as rent for the demised premises,
for said term, the sum of $ , check or money order,
and delivered to 2004 Linview, Urbana, IL 61801,
being rent payable in advance.
2. Utilities and Services. Lessees shall be responsible
for and pay all utilities and services furnished
to the demised premises, as indicated in the attached
Payment Schedule, Exhibit "A"; hereto.
Lessees shall pay for any common or shared utilities
or services, according to their proportionate interest
in the demised premises as set out in Exhibit "A".
A utility allowance, in the case of common or shared
utilities or services, shall be calculated based
on the prior twelve (12) months average utilities
and service charges, and shall be paid by Lessees each month in the same manner as the rent payment.
Any deficiency in the amount paid as a utility allowance
and the amount actually incurred through the term
of this lease shall be an additional charge hereunder
and may be deducted from the security deposit. Any
surplus in amount paid and the amount actually incurred
shall be refunded to Lessee. Lessee may view utility
bills at Lessor's office. If actual utility costs incurred exceed the total utility payments made to the Lessor by a value greater than 3 times the monthly utility payment, Lessee will be given an itemized invoice of costs, which must be paid to Lessor within 10 days of receipt.
Initial______
3. Late Charges. Time is of the essence of this
agreement and the terms hereof. Rent is due on the
first day of the month. Lessor allows a five (5)
day grace period for receipt of rent. After the
fifth day of the month, a delinquency charge of
5% of the monthly rental payment will be assessed
each month until rent is on a current basis. This
late charge provision, however, shall in no way
restrict Lessor's option to declare a default
and proceed as otherwise provided for herein. There
will be a $25.00 service fee on checks returned
from the bank for any reason.
4. Security and Cleaning Deposit. Lessees agree,
upon execution hereof, to deposit the sum of $ with
the Lessor, which such sum shall be held by the
Lessor for the purpose of applying the same to the
costs of repairing any damages to the premises or
the fixtures thereof, or the cleaning or repair
of any of same caused by the use of said premises
by the Lessees during the term of this lease. Lessees
agree to relinquish said premises in clean condition;
to make no alterations or additions to same; to
commit no waste thereon; to obey all laws and ordinances
relating to the use of said premises. Lessees do
further agree to pay any additional sums required
for the repair or cleaning of said premises or fixtures
thereof after the termination of their lease of
same, and shall be entitled to a refund on any unused
portion of said deposit. No part of said deposit
shall be applicable to payments of rent reserved
hereunder and said sum shall only be refundable
upon termination of lease and ascertainment of costs
of repair and cleaning, if any, chargeable to Lessees.
Lessor will within thirty (30) days of the date
of termination of the lease, provide an itemized
statement of the damage caused to the premises and
the estimated or actual cost of repairing or replacing
each item on that statement. Any refund due hereunder
shall be mailed as one check to Lessees within forty-five
(45) days of termination to an address provided
by Lessee.
5. Carpet Cleaning. Lessor agrees that carpets have been professionally cleaned before Lessees take possession. Lessees agree to have the carpet
professionally cleaned immediately prior to return
of possession to Lessor. Upon return of possession
Lessees shall provide Lessor with written receipts
confirming such cleaning. Failure to provide such
confirmation shall constitute Lessee's authorization
for Lessor to have the premises professionally cleaned
with the actual cost of same being charged to Lessees.
6. Assignment. Lessees shall not assign this lease,
or any portion thereof, nor sublet the premises,
or any part thereof without the prior written consent
of Lessor, which shall not be unreasonably withheld.
No assignment of sublet consented to by Lessor shall
be effective until Lessor's cost to sublet
are paid to Lessor by Lessees or Lessees'
assigns. No such assignment or sublet shall relieve
or release Lessee of the obligations hereunder,
except by specific agreement of Lessor in writing. Lessee will be assessed a $50.00 fee for this transaction.
Initial______
7. Occupants. Lessee agrees that only the person/persons
listed on the lease are to reside in the demised
premises and shall not exceed the number listed
on page one hereof. Additional occupants may be
permitted with prior written consent of Lessor,
and only upon execution of an addendum hereto, under
which they expressly agree to become bound by all
terms and conditions of this agreement. Monthly
rent shall be increased by $75.00 for each additional
occupant.
8. Abandonment. Lessee agrees that in case the demised
premises shall be vacated or abandoned during the
term hereof, Lessor may take immediate possession
of the premises for the remainder of the term and
at the Lessor's discretion, re-let the same,
and apply the proceeds upon this lease, however,
the Lessee shall remain liable for the unpaid balance
of the rent due hereunder. In addition, Lessee agrees
that the amount of the security deposit shall constitute
liquidated damages to the Lessor due to early termination
and re-letting of the premises.
9. Keys. The demised premises are provided with
a deadbolt lock in normal working condition at the
commencement of the lease term. Any damage to locks
due to Lessee's negligence shall be the Lessee's
responsibility.
It is the policy of the Lessor to limit access to
the premises to Lessee and his or her authorized
guests. One set of keys (apartment and building
entry key) shall be provided for each adult occupant
without charge. Lessor shall replace any lost key,
which shall be paid for by Lessee. If Lessee fails
to return all keys issued by Lessor at the end of
said lease term or has lost keys during the lease
term, Lessor shall have the right to rekey the corresponding
lock(s). The cost of rekeying and replacement keys
shall be charged against Lessee's damage deposit.
If for any reason Lessee is locked out of their
apartment and the Lessor or an agent of the Lessor
is required for Lessee to gain access, Lessor will
bill Lessee $15.00 for lockouts during normal business
hours and $45.00 for lockouts after hours.
Initial______
10. Casualty. In the event that the leased premises
shall be rendered untenantable by fire or other
casualty, Lessor may at Lessor's option terminate
this lease or repair said premises within thirty
(30) days, and failing so to do, or upon the destruction
of said premises by fire or other casualty, the
term of this lease hereof shall cease and terminate
at no further liability to Lessor or to Lessee.
11. No Alteration. Lessee shall not alter or reconstruct
the improvements on the premises without prior written
consent of Lessor. Lessee shall not contract for
repairs to the premises or its equipment and fixtures
and furnishings without prior written consent of
Lessor except in the case of emergency and in such
case Lessee shall give Lessor immediate notice thereof.
12. Subject to Mortgages. If mortgagor has rights,
it is mutually agreed between the parties that this
lease is made subject to the terms of all mortgages
now or hereunder placed upon the leased premises.
13. Holding Over; Condition of Premises. Lessees
agree to surrender and deliver possession of premises
to the Lessor upon termination of the term herein
created or upon forfeiture of this lease as hereafter
provided. In the event that the Lessees withhold
possession of said premises after the termination
date of said lease, then in such event they do agree
they shall pay a charge for "holding over"
of such possession on a per diem basis at double
the rate of rent charged hereunder, for which amount,
and any unpaid rent hereunder, the Lessor shall
have the right to "Distrain," as provided
of said demised premises to maintain and keep the
same and the contents in good condition and repair
as the same shall be upon taking possession thereof,
natural wear, damaged by fire (except as caused
by Lessees negligence), or other inevitable accident
excepted.
Lessees agree to allow the Lessor or agent of Lessor
access to the premises during reasonable hours in
accordance with Urbana Landlord/Tenant Ordinance
for the purpose of examining or exhibiting the same
or making needful repairs or alterations on said
premises, which Lessor may see fit to make.
Lessor may also affix "FOR RENT" signs
in such places as the Lessor shall determine.
14. Furniture. Furnished units shall include but
not limited to the following personal property:
Lessee shall not move indoor furniture to any exterior
areas.
15. Property Maintenance. The Lessor agrees to perform
all needed repairs to the premises, appliances and
furnishings (if so furnished) at the Lessor's
expense, except damage resulting from Lessee's
negligence, and except for maintenance to clogged
drains. Lessor warrants that all drains are clear
as of the commencement of the lease term. Lessee
will pay all costs associated with clogged drain
calls made by Hunsinger Enterprises, Inc. or an
independent drain cleaning service resulting from
Lessee's negligence.
All light fixtures in the said premises are furnished
with working light bulbs at the beginning of lease.
Lessee agrees to replace the burned out bulbs during
the term of the lease.
The Lessor may charge Lessee for any and all damages
to the apartment if such damages have been cause
by acts of negligence on the part of the Lessee
or their acquaintances. Damages resulting from Lessee
negligence will be charged to the Lessee
on the following months rental statement and is
due and payable with the rent. If for any reason
the damage charges are not paid in full during the
course of the lease the outstanding charges will
be deducted from the deposit.
For any part of the security deposit withheld, the
Lessor will furnish to the Lessee an itemized statement
of all damages and the cost of repairing the damage.
It is the Lessees' responsibility to notify
the Lessor of needed repairs. Repairs reported by
mail should be stated clearly, including the Lessee's
name, date, address, and phone number.
16. Painting. Lessee may paint the walls in the apartment, but Lessee will be responsible for repainting prior to the final day of the lease if the new tenants do not accept the responsibility for returning the walls tothe original MAB Walshield, Factory Mix Bone White, Flat Latex paint with the exception of 711 W. Elm, Urbana, which uses MAB Fresh Kote, Classic White, Flat Latex paint.
Initial______
17. CO/Smoke Detectors. 17. CO/Smoke Detector. Lessor provides CO/smoke detectors for the demised premises in normal operating condition at the commencement of the lease term. Lessee agrees to test the CO/smoke detectors on the premises periodically and immediately notify Lessor in writing if said CO/smoke detectors are ever found not functioning properly. Lessee agrees not to tamper with the CO/Smoke detectors, nor to deactivate the detectors or remove the batteries therein. Lessee shall incur a $50.00 charge, if, in fact, the CO/smoke detectors are deactivated or tampered with. Testing and reporting non-operating detectors shall be Lessee's liability. Lessee agrees not to store or place any items on or near heating units or hot water heaters.
Initial______
18. Freeze Damage. Lessee shall be responsible for
all damages caused to the demised premises for failure
to regulate the thermostat and maintain sufficient
heat in the demised premises unless Lessee doesn't
have access to the thermostat. Lessee agrees to
keep the temperature within the premises at a minimum
of 60 degrees from October 1st through March 31st
during the lease term to ensure that frozen pipes
do not occur.
19. Conduct. If the Lessee's conduct or the
conduct of the Lessee's guests disturbs other
occupants of the building, or the Lessor, or agents
of the Lessor, such conduct shall be a breach of
the lease agreement and Lessor may terminate this
lease upon given written notice to Lessee. The Lessee
agrees that complaints which result in calling the
police to the premises at least three times during
the lease term shall be constructive evidence of
a violation of this paragraph and shall be a valid
basis for termination of this lease.
Lessee agrees not to do or permit any unsafe, illegal,
or hazardous act, engage in any unsafe, illegal,
or hazardous conduct or store upon or bring into
the demised premises any unsafe, hazardous, or illegal
substance or do any other act which would increase
the fire insurance costs or violate the fire insurance
policies of Lessor.
20. Parking. All leased parking will be assigned.
The parking spaces may be sublet with written permission
from the Lessor. The Lessor assumes no liability
for damage occurring from any cause to owner's
vehicle. Driving or parking cars or motorcycles
on any portion of the lawns or sidewalks is prohibited.
The tenant agrees to pay for any damage caused by
such an act and to remove the vehicle immediately.
Absolutely no maintenance work to vehicles shall
be allowed in the parking spaces provided to tenant.
21. Pets. Pets are prohibited and Lessee agrees not
to allow or keep pets in or about the leased premises.
Lessee understands that the prohibition of pets
also applies to pets of Lessees guests and visitors.
If Lessor finds a pet on premises, Lessee hereby
agrees to pay a fine of $100.00 and an additional
$25.00 for each additional day the pet remains on
the premises. This fine shall apply in all cases,
even those where tenant is "keeping"
the pet for a friend or the pet is just "visiting" with a guest or visitor of the Lessee. If the pet
remains on the premises for a period of 5 days or
more from the date it is first observed by Lessor,
then Lessee's right to possession shall terminate
and Lessee shall vacate the premises immediately
and pay all sums due hereunder, including rent and
penalties for the balance of the term of this lease.
Initial______
22. Representations: Joint and Several Liability. Lessee herein states and agrees that no representations,
promises or other inducements have been made to
them by the Lessor's agents other than the
terms and conditions as set forth in writing in
this agreement, and that the terms of this lease
shall be binding upon Lessee's heirs, representatives
and assigns, and that the term "Lessee"
when used herein shall also be construed to mean "Lessees" when more than one individual
executes this lease agreement, and that each Lessee
executing this lease agreement shall be individually,
and jointly and severally, responsible for full
performance of all terms hereof.
23. Default. The Lessee hereby agrees that failure
to perform any of the covenants and agreements contained
herein shall constitute a default and forfeiture
of all the Lessee's rights under this lease.
Lessor may avail itself of any remedy at law or
in equity for damages, possession of the demised
premises, or otherwise upon default. Lessor shall
be required to give notice or an opportunity to
cure before proceeding with any available remedy.
24. Acceptance of Premises. The Lessee must call
one week prior to move in to schedule a check-in
appointment. At this time Lessee will be required
to make the first payment as stated on the Payment
Schedule, Exhibit "A," receive keys
and be given possession of leased premises.
The Lessee hereby states that he has inspected said
premises and that acceptance of possession of said
premises shall be conclusive as an admission that
the same are in good condition. The Lessor will
provide Lessee with a Condition Report at the time
of possession.
25. Other Agreements. This lease contains the entire
agreement between the parties hereto and may not
be modified except in writing and signed by all
parties hereto.
IN WITNESS WHEREOF the parties have hereunto set
their hands and seals the day and year hereunto
written.
_______________________________________________________________________
HUNSINGER ENTERPRISES,
INC.
Lessor
By:
_______________________________________________________________________
Its:
_______________________________________________________________________
Date:
_______________________________________________________________________
| LEESEE(S) | DATE: |