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LEASE AGREEMENT
This Lease Agreement (the “Lease”) is executed by and between ____________
___________________________________as agent (hereinafter “Owner”) and
(1)______________________________ (2)____________________________
(collectively the “Resident”) who agree jointly and severally to rent
apartment number_________ (the “Premises”) at ____________________
(the “Property”) on the terms and conditions set forth herein. Occupancy is
limited to the Residents named herein and _________minor children.
TERM: This lease shall commence on the ______day of _________,
20____ and shall expire on the last day of _____________, 20____ (the
“Expiration”).
RENT: The total rent due for the term of the Lease is $__________. The
total rent will be paid in monthly rental payments (the “Rent”) of
$___________. The Base Rent on the Premises is determined based upon
the median income for the metropolitan Rhode Island PMSA that is adjusted
annually by HUD. Upon promulgation by HUD of the new income tables,
Owner may reduce rents pursuant to the program limits upon 30 days’
notice to Resident of such adjustment. Notwithstanding the above, Owner
agrees that any interim increases permitted by the program shall be first
approved by the Tax Credit Agency.
PRORATION: In the event that this Lease commences on a date other
than the FIRST day of the month, the Rent for the partial month shall be
computed based upon a daily rate equal to 1/30th of the monthly Rent and
shall be due upon execution of the Lease. If this Lease commences after the
15th day of the month, payment of the Rent for the partial month together
with Rent for the next full month will be required upon execution of the
Lease. Notwithstanding any preliminary calculations to the contrary, the
Rent due upon execution of the Lease shall be $_______ and covers Rent
through the last day of _________, 200__.
DEPOSITS AND FEES: Upon execution of the Lease, Resident has paid a
refundable security Deposit (the “Deposit”) in the amount of $________.
Such Deposit will be refunded to Resident as provided herein. Resident
acknowledges that the Deposit cannot be applied towards the Rent which
must be paid in full when due.
UTILITIES: Owner agrees to pay for _____________________________.
Resident agrees to pay for __________________________________which
accounts shall be established by Resident directly with the applicable utility
companies.
LATE FEES & OTHER CHARGES: The Rent is due and payable in
advance no later than 6:00 p.m. on the FIRST day of each month. Any Rent
received after the due date will be considered delinquent and will be subject
to late charges as hereinafter defined. Rent may be paid at the management
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office by personal check, cashier’s check or money order. Cash payments
and second party checks will not be accepted. Payment should be made
with one check or money order per apartment made payable to
__________________as agent for ____________ Apartments. Resident
agrees to pay as additional rent no later than the next rental due date:
$1 per day for each or portion thereof that rent is delinquent;
$15 for each check returned by the bank for any reason; and
$15 for each legal notice served upon Resident.
The acceptance by Owner of any late or partial payment shall not change the
due date or amount of any required payment in the future nor shall it relieve
Resident from any obligation to pay the balance of the Rent and any
applicable late fees or charges.
DEFAULT: If either Resident or Owner fails to perform any obligation
required by this agreement (including but not limited to the timely payment
of Rent), the non-defaulting party may exercise all rights and remedies
against the defaulting party as shall be allowed by law. If a collection agent
is used, Resident agrees to pay collection costs in addition to other
delinquent amounts. In the event of judicial action, the prevailing party
shall be entitled to reasonable attorney’s fees and court costs from the losing
party as determined by the Court. Except as may be provided by law,
neither party shall forfeit or waive any existing or future right or remedy by
pursuing such judicial action. All notices provided herein shall be delivered
to Owner at the rental office and to the Resident at the Premises. All notices
shall be sent registered or certified mail, personally delivered, or as
otherwise provided in R.I.G.L. 34-18-14.
ABANDONMENT: “Abandonment” means either (a) the absence of the
resident from the dwelling unit, without notice to the Owner for at least
seven days while rent for the dwelling unit is outstanding and unpaid for ten
days and there is no reasonable evidence other than the presence of the
resident’s personal property that the resident is occupying the residence; or
(b) the absence of the resident for at least five days, if the rent for the
dwelling unit outstanding and unpaid for five days and none of the
resident’s personal property is in the dwelling unit. If Resident abandons
the Premises or vacates the Premises upon the Expiration or termination of
this Lease leaving personal property within the Premises and Owner
reasonably believes that the value of such property is insufficient to cover
the costs of moving, storage and sales as provided in R.I.G.L.34-18-50,
Resident specifically and irrevocably waives all title and interest Resident
has to such chattel and grants to Owner full authority to immediately
dispose of same without notice, court order, or accountability. Should the
value of personal property left within the Premises exceed the cost of
moving and storage, Owner shall be granted a security interest in such
chattel equal to the cost of moving and storage together with any
outstanding Rent due thereunder. Owner may subsequently dispose of such
chattel as provided in R.I.G.L.34-18-50.
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VEHICLES: Owner reserves the right, but not the obligation, to assign
specific parking spaces at the Property. Owner may also designate specific
areas for prospective residents or handicapped parking. Boats, trailers, and
oversized vehicles are not permitted on the Property at any time. Prohibited
vehicles, inoperable vehicles, unlicensed vehicles, vehicles parked in a
space assigned to another, and vehicles parked in a tow-away zone or
otherwise impeding traffic will be towed away without notice at the vehicle
owner’s expense. Motorcycles are not permitted on the sidewalks, in
landscaped areas, or in any building at any time. Additional policies
regarding vehicles are contained in the Resident Handbook.
ACCESS: Resident shall not unreasonably withhold consent for Owner to
enter the Premises to inspect the Premises, make necessary repairs of
services, deliver legal notices, and verify occupancy. Owner may also allow
a licensed exterminator to enter the premises for pest control. Resident shall
make such apartment preparation as Owner may reasonably request
regarding pest control, including but not limited to; providing access to the
premises and arranging and preparing Resident’s foodstuffs and belongings
to facilitate extermination or fumigation, as the case may be. Except in the
case of emergency or if it is impractical to do so, Owner shall give Resident
at least two days notice of Owner’s intent to enter the Premises. Resident
agrees to permit Owner to show the Premises to prospective residents upon
two days notice.
ALTERATION OF PREMISES: Resident may not alter the Premises in
any manner without Owner’s prior written consent. Alteration includes, but
is not limited to; painting, wallpaper, changing of locks, or modification of
electrical appliances. Waterbeds are not permitted on upper floor units
without acceptable insurance naming Owner as a co-insured on file.
MAINTENANCE OF PREMISES: Resident has examined the Premises
and is satisfied with its physical condition, order and repair. Upon
termination or expiration of the Lease, Resident agrees to surrender the
Premises to the Owner in the same condition, reasonable wear and tear
excepted. Resident shall maintain the Premises in a neat, clean and
undamaged condition and shall comply with all applicable provisions of
building codes regarding public health and safety. Resident agrees to (a)
dispose of all ashes, rubbish, garbage, and waste in a clean and safe manner;
and to comply with all recycling requirements, (b) use all plumbing,
electrical, sanitary, heating, ventilating, air conditioning facilities and
appliances in a safe and reasonable manner; and, (c) generally conduct
himself and invited guests in a manner so as not to disturb other residents,
deface, damage, or otherwise harm any part of the premises. Resident
acknowledges that Resident shall be responsible for the actions of
Resident’s guests that violate the Lease or Rules and Regulations. Resident
shall be responsible for all glass on the Premises. Owner shall at times
comply with the requirements of all applicable building codes and shall
make all repairs necessary to keep the Premises and Property in a fit and
habitable condition.
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OWNER’S LIABILITY: Owner shall not be liable for any injury to any
person or damage or loss to any property unless such harm or damage is due
to the specific negligence of Owner. Owner strongly recommends that
Resident secure renter’s insurance to protect against liability, property
damage and casualty losses. If for any reason Owner agrees to render
services such as handling furniture, cleaning, delivering or accepting
packages, or providing access, Resident specifically agrees to hold Owner
harmless from all liability in connection with such services.
PETS: No pets are permitted on the Property at any time except by prior
written consent of Owner. Should Owner agree to permit a pet, a separate
agreement must be signed by both parties. The keeping of a pet for any
duration without written consent shall constitute a material breach of this
Lease. Such breach may result in the termination of the Lease by Owner
and eviction from the Premises.
ASSIGNMENT: Resident shall not sublet, transfer, or assign this Lease, or
any part thereof, without Owner’s prior written consent; which consent may
be granted or withheld at the sole and absolute discretion of the Owner.
Only persons listed herein, and temporary guests registered with the
management office and residing for less than nine days may occupy the
premises.
VISITORS: Resident agrees to abide by all rules and regulations
pertaining to visitors. Breach of rules and regulations pertaining to visitors
will be considered a default under this Lease.
RULES AND REGULATIONS: Resident agrees to comply with all
occupancy Rules and Regulations governing the Property whether now in
effect or hereinafter promulgated and delivered to Resident. Resident
acknowledges receipt of a copy of the Rules and Regulations in effect as of
the date hereof.
EXPIRATION: At Expiration, this Lease shall be renewed annually once
the Resident’s income is recertified unless: (a) Owner has provided Resident
with written notice of intent not to extend the Lease or, (b) Resident has
delivered a 30-day notice to Owner of Resident’s intent to vacate the
Premises by the Expiration. Failure by Resident to provide such notice of
intent to vacate shall be deemed an election to continue the Lease. Resident
acknowledges that renewal rates may result in an increase in the Rent.
Owner will provide Resident with notice of any such increase at least 30
days prior to the Expiration. Owner reserves the right to deny renewal of
this Lease or to extend the expiration on a month-to-month basis. Owner
may require the execution of a new lease agreement for continued tenancy.
RENTAL ASSISTANCE: If applicable, the appropriate program lease
addendum will be incorporated into this Rental Agreement.
SECURITY DEPOSIT POLICY: The Deposit is collected to assure the
Resident’s compliance with the terms and conditions of this Lease. The
Deposit shall be held, applied and refunded pursuant to this agreement. If
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any portion of the Deposit is retained by Owner, written notice to Resident
detailing the reason for such retention shall be provided within 20 days of
Resident’s surrender of the Premises and demand thereof. It is specifically
understood that application of any Deposit towards Rent, damages, or other
charges does not constitute a limit to Owner’s legal rights to all such sums
due.
Owner will refund to Resident all Deposits held upon the occurrence of all
of the following events: (a) Resident has complied with all conditions of this
Lease, including the payment of all sums due for Rent, damages and other
charges; (b) in the event that Resident has elected to not renew the Lease,
resident has provided Owner with written notice of Resident’s intent to
vacate at least 30 days in advance of the Expiration; (c) Resident makes an
appointment with Owner for the inspection of the Premises; and (d)
Resident surrenders all keys, parking permits, and property owned by
Owner. Resident acknowledges the right to be present for a move-out
inspection. Security deposits will be returned within 20 days after the
Resident vacates, but if the resident delays in providing a forwarding
address, the deposit may not be returned until 20 days after the address is
provided. Unpaid rent, as well as damages beyond reasonable wear and
tear, may be deducted from this sum. In the event that some or all of the
security deposit is to be withheld, and resident has provided a forwarding
address, Owner will deliver an itemized written notice to the resident,
specifying the damages and rent deducted from the deposit.
HOLDOVER RESIDENTS: A holdover tenancy will be created if the
Resident fails to vacate the Premises on or before the termination or
Expiration. As provided by law, if the resident’s holdover is willful and not
in good faith, the Owner may also recover, in addition to possession,
an amount not more than three (3) months periodic rent or threefold the
actual damages sustained by him or her whichever is greater, and reasonable
attorney’s fees. If the Owner consents to the resident’s occupancy, the
parties may agree to a definite term.
DISCLOSURE:_______________________________is authorized to
manage the Premises and Property, receive rents, execute leases, enforce
leases, and receive legal notices on behalf of ________________________,
the owner of the Property. Resident acknowledges that
______________________________________ is operated pursuant to the
rules and regulations of the Federal Low Income Housing Tax Credit
program (the “Program”). The Program provides for a specific maximum
monthly rent which may be charged for the Premises, which amount is
subject to annual adjustment based upon median incomes as determined by
HUD. The Program also requires that the Property be leased to “Qualified
Households” as defined by Section 42 of the Internal Revenue Code. At
this property, Qualified Households must not exceed certain income
limitations. Resident agrees to notify Owner immediately of any material
changes in income, number of persons residing within the Premises, or
enrollment as a full-time student.
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Resident acknowledges that this Lease shall terminate upon 30 days notice
in the event all household members become full-time students and the
household is not eligible for student status exemption.
Resident agrees that 90 days prior to the Expiration, Resident will submit to
Owner all documentation requested by Owner to insure that Resident
remains a Qualified Household, including, but not limited to; income
certification, copies of tax returns, and family size verification. In the event
that Resident fails to deliver such information or Owner determines
(whether in connection with a renewal or otherwise) that Resident is no
longer a Qualified Household under the Program. Resident agrees to vacate
the Premises upon the earlier of the Expiration or upon 30 days’ written
notice from Owner of non-qualifying status.
It is specifically agreed that each obligation of the Lease, Application and
Certification is material, and that violation of any obligation or
misrepresentation of any information shall constitute a breach of the Lease.
Resident is fully aware that this Lease may not be canceled or
otherwise terminated prior to its Expiration without the written consent of
Owner.
Abandonment of the Premises or termination of the Lease for breach will
not release Resident from the obligation to pay future Rent payments as
provided for herein.
ATTORNMENT: Resident hereby agrees that Resident will recognize
_________________ Limited Partnership as its Owner under this Lease and
shall attain to any person succeeding to the interest of Owner in respect of
the land and the buildings on or in which this apartment is contained upon
any foreclosure of any deed of trust upon such land or buildings or upon the
execution of any deed in lieu of such foreclosure in respect of such deed of
trust. If requested, Resident shall execute and deliver an instrument or
instruments confirming its attornment as provided for herein; provided,
however, that no such beneficiary or successor-in-interest shall be bound by
any payment of rent for more than one (1) month in advance, or any
amendment or modification of this Lease made without the express written
consent of such beneficiary.
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THIS LEASE CONSTITUTES A LEGALLY BINDING CONTRACT
ENFORCEABLE BY LAW, EXECUTION BY THE PARTIES
ACKNOWLEDGES FULL ACCEPTANCE OF ALL TERMS AND
CONDITIONS CONTAINED HEREIN.
Dated this ______day of _________, 20______.
_________________________________
Owner
_________________________________
Resident (1) Head of Household
_________________________________
Resident (2)
_________________________________
Resident (3)