LEASE ADDENDA

 

 

ITHACA RENTING COMPANY: 2010-2011 SAMPLE LEASE

NOTE- ALL TENANTS & PARENTS MUST READ THIS INFORMATION BEFORE SECURING AN APARTMENT WITH ITHACA RENTING CO.

The Landlord, Ithaca Renting Company, hereby rents to the Tenant: ALL TENANTS OF THE LEASE NAMED HERE (jointly and severally) and the Tenant takes from the Landlord SPECIFIC APARTMENT ADDRESS NAMED HERE Ithaca, New York, 14850, commencing at noon on (SEE BELOW) 2010 and ending at 8:00 a.m. on (SEE BELOW) 2011.  The Tenant covenants that s/he will pay to the Landlord for the use of the premises a total rent of $ (MONTHLY RENT X 12 NAMED HERE) to be paid without offset as follows:

1. PAYMENT SCHEDULE: Please note lease dates. This is not a 12 month lease.  Any verbal reference to "month" is for illustration only.

 

 

 

 

2. OCCUPANCY REQUIREMENTS:  A. The apartment shall be occupied by no more than         persons.

B. Each individual Tenant must supply a Lease Agreement Guarantee signed by a parent/guardian to guarantee payment.

C. Each individual Tenant is responsible and agrees to pay the full amount of the rent and any other charges and to perform all obligations of the lease, even if some or all of the other Tenants make partial payments or fail to make payments or perform lease obligations.

3. DAMAGE DEPOSIT: 

A. The Tenant agrees to deposit in separate check $500.00 each person.  This is due at the same time as Payment B above, as security against any damages to the Landlord and to finance any repairs/cleaning required due to Tenant actions.

B. The damage deposit less any deductions will be returned by mail to the address given by the Tenant within thirty days after the termination of the lease. The damage deposit shall be kept in an interest bearing account at a local bank.  Damage charges, if any, will be based on the attached page of Flat Rate Damage Charges.                                                    

C. For joint and several leases (two or more persons named on lease): any deductions, no matter how caused, will be divided equally.

4. EXPENSES SHALL BE PAID AS FOLLOWS:

Paid by Landlord: Heat, water and sewer, hot water, basic building maintenance, property taxes.

Paid by Tenant:                    Rent, electricity, (to be kept in Tenant’s name the full term of the lease), telephone, TV cable, Internet.

5. PROMPT PAYMENT: The provision for installment payment of rent is made for the convenience of the Tenant. The Landlord expects Tenant to pay the rent in full promptly. If any Tenant should default in the payment of any installment, the remaining rent for the entire lease term becomes due and payable at once.  If the Tenant defaults in rent payments, the Landlord may sue, re-enter the demised premises without summary proceedings, or resort to any legal remedy to repossess and enjoy the premises.  The Landlord need not notify all Tenants of the default by any one Tenant.

6. PARTIAL PAYMENTS: Tenant shall make all rental payments in full. Payment or receipt of a rental payment of less than the amount stated in this lease shall be deemed to be nothing more than a partial payment on that account. Under no circumstances shall Landlord’s acceptance of a partial payment constitute accord and satisfaction, nor will Landlord’s acceptance of a partial payment forfeit Landlord’s right to collect the balance due on the account, or to pursue any other remedy available to it under the law, despite any conditional endorsement, stipulation, or other statement on any check. No conditional endorsement, stipulation or other statement on any check shall constitute a modification or alteration to this lease.

7. ADMINISTRATIVE FEES: If Tenant fails to make any payment to Landlord within five (5) days of the due date, Landlord may collect an Administration and Bookkeeping Fee of ten percent (10%) of all payments due to Landlord. Such charge is due and payable as additional rent when billed by Landlord. There shall also be a returned check fee of $25 per check.

8. LEASE ADDENDA: Tenant understands and agrees to comply with all Addenda. This Lease and Lease Addenda include: Page 5: Additional information, NYSEG Electricity Request, Apartment Furniture List, Resident Information Form, Sublet Authorization, W-9 or W-8 for Damage Deposit account, Group Lease Room and Rent Assignments, Flat Rate Damages, Porch/Balcony/Fire Escape Storage & Use, Lead Based Paint (Properties built before 1978 only)

9.  LEASE DATES: Note lease dates carefully.  Early entry or lease extensions are not permitted.  This is not a 12 month or month-to-month lease.  Any verbal reference to 'month' is for illustration only.

 

Tenant understands that s/he has no right or option to terminate this Lease, for any reason.

Once Tenant and Landlord's agent have both signed this lease, this lease shall be binding upon all parties.

I have read, understand, and agree to these terms and sign this Lease without duress:

 

X Tenant and Agent Signatures

 

PAGE 2: Representations                                      

 

A. The Tenant shall be held responsible for the conduct of themselves, guests and visitors

and the Tenant represents and warrants for themselves, guests and visitors that they will not commit or allow in the building:

1) any unsafe or disorderly act,

2) any illegal or unlawful activity,

3) illegal goods,

4) entrance onto the building roof,

5) other materials forbidden by prevailing laws and ordinances,

6) violation of recycling/environmental laws,

7) alcohol kegs of any size or type,

8) consumption of alcoholic beverages by persons under 21 years of age,

9) illegal use, distribution, sale, possession or manufacture of controlled substances, possession of drug-related paraphernalia including, but not limited to, bongs, water pipes/ hookahs, roach clips,

10) pets (as defined Page 3, Item 12) ,

11) dangerous, hazardous or highly flammable materials including but not limited to weapons, firearms, BB guns, explosives, hazardous chemicals, propane tanks,

12) any act of physical violence to persons or property,

13) neither the Tenant nor his guests to harass, abuse, or annoy the Landlord or his agents at any time or in any place.

 

B. Tenant further represents and warrants that he shall not make or permit any loud, improper or boisterous conduct or otherwise disturb the other Tenants of the building or neighbors in adjacent buildings, and that all television sets, radios, computers, stereo equipment or any other appliances/devices shall be turned down to a level of sound that shall not interfere or annoy the other Tenants of the building or neighbors of adjacent buildings. If Landlord is presented with proper documentation, Landlord shall allow law enforcement officers to enter the Leased premises.

 

The breach of any of the above causes in Section A. and/or B., as well as failure to pay rent on time are considered material breaches of the Lease and shall be grounds on which the Landlord may bring eviction proceedings.

 

C. Tenants are responsible for their own safety, advised to take normal precautions, to keep their apartment entrance door locked, and to not let into the building any unknown persons. The Landlord and Management make no representation or warranty concerning safety or security and shall not be held liable to Tenant, his/her invitees, visitors, employees, licensees or agents of the Tenant, for any personal injury, including death, or property damage alleged to have been caused by any act or omission of safety or security. Buzzer systems, intercom, entrance staff, closed circuit television and recorders, and building hardware, if any are provided, are offered as a gratuitous service for the Tenant; no safety or security benefit is expressed or implied. The Tenant agrees to defend, indemnify, and save harmless the Landlord from and against any and all liability, damages, expenses, fees, attorney’s fees, penalties, actions, causes of action, suits, costs, claims and/or judgments arising from injury to persons or property, occasioned wholly or in part by any act or omission of the Tenant, his/her invitees, visitors, employees, licensees, or agents.

 

D. IN THE EVENT OF ANY CONSTRUCTION  during the term of this Lease that causes noise, vibration, dust or inconvenience to the Tenant, the Tenant shall not hold the Landlord responsible for any such inconvenience, irritation and/or other damages, however caused.

 

E. SERVICES NOT INCLUDED: The following services are not included in the base rent: parking, window cleaning, additional or exchange of furniture, replacement mini-blinds, additional keys, personal articles, or storm windows. Parking may be rented as a separate Lease as available on a first-come, first-served basis. No guest or visitor parking is provided. No parking is permitted in fire lanes. No parking is permitted in handicapped spaces without proper permit.  Vehicles improperly parked shall be towed at the vehicle owner’s expense.

 

F. THE TENANT AGREES THAT THIS LEASE AS WRITTEN IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES.  The Tenant agrees that s/he has examined the premises, is satisfied with the physical condition thereof, and his/her taking possession is conclusive evidence of receipt of them in good order and repair. The Tenant agrees that no verbal or other representation as to the condition or repair has been made, and that no promise to decorate, alter, repair or improve the premises has been made except as written in this Lease. The Tenant agrees that no representation has been made concerning the fitness for intended use and that it is solely the Tenant’s obligation to confine his use of the premises to legal use, legal purposes, and to do so in a legal fashion, and that the Tenant’s misuse of the premises shall not be grounds for rent abatement. The invalidity or unenforceability of any provision of this Lease shall in no way effect the validity or enforceability of this entire Lease or any other provision.

 

G. SIGNATURES: Both the Landlord and the Tenant agree that facsimile signatures on this Lease agreement by one or all of the parties on every page of this Lease shall constitute a valid and binding agreement between the parties. All pages should be signed in black or blue ink.

 

H. NOTICES. All notices required to be served by either party to this Lease upon the other shall be deemed valid when said notice is sent by email at the address provided by that party. Where a joint and several Tenant is involved, notice to any one such Tenant shall be deemed and accepted as notice to all such joint and several Tenants.

 

I HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND SIGN THIS LEASE WITHOUT DURESS.

 

 

X Tenant and Agent Signatures
 

PAGE 3: COVENANTS/OBLIGATIONS

 

THE TENANT COVENANTS AND AGREES TO THE FOLLOWING:

1.        To submit completed Resident Information Form supplied by Landlord and photo ID to be kept confidentially by management.

2.        To provide your Social Security Number, if you have one, for Damage Deposit escrow account, as required by the Internal Revenue Service.

3.        To supply Parent Lease Agreement Guarantee for each resident who is a student, regardless of age. This will be mailed under separate cover.

4.        To pay Rent and Additional Rent on a timely basis. This obligation shall survive the expiration of the Lease or any extensions.

5.        Failure to pay rent or move in shall constitute a material breach of the Lease, and the Landlord shall retain Tenant’s Payment A as set forth on Page 1 of the Lease. The Landlord then shall have the right to declare the Lease null and void, and may re-rent the apartment in order to mitigate damages.

6.        The owner’s insurance does not cover Tenant’s possessions or Tenant’s negligence. Tenant is required to obtain personal insurance protection (Renter’s Insurance) to cover damage, or loss of his/her own possessions.

7.        To keep electric service on in the Tenant’s name during the full term of the Lease (including sublets), and pay all bills incurred. 

8.        All Tenants must meet all Lease obligations (including #2 above) before keys will be issued to any Tenant named on the Lease.

9.        To complete, sign and return Move-In Inspection form issued with keys noting condition of the premises within 24 hours of taking possession of premises, which is noted as the date that keys are issued.

10.     Not to assign or sublet this Lease or use of premises without prior written permission of the Landlord. Permission will not be unreasonably withheld and will be granted in writing as a Sublet Consent Request Form. For Joint and Several Leases: all Tenants must consent in writing to any proposed Sublet. Landlord will not enter the apartment to assist in showings for Sublet prospects.

11.     Not to allow additional persons to live in the apartment.

12.     Tenant’s privilege to have guests is subject to the rights of other Tenants. Extended visits by guests (more than two nights in any month) are permitted as long as the visitor’s presence does not interfere with any roommates or neighbors. 

13.     No pets are permitted in the building.  No visiting pets are permitted. ‘Pets’ includes, but is not limited to, both warm-and cold-blooded animals, such as dogs, cats, hamsters, rats, birds, snakes, lizards and insects. Fish are permitted in containers no larger than 5 gallons in size.  If this is breached, the Landlord may charge the Tenant for any extermination services, carpet or furniture cleaning, replacement or other costs associated to the existence of such animal. The Landlord may contact any local Humane Society for removal of such animal if not removed immediately by the Tenant at the Landlord’s request.

14.     Owners recognize that Tenants have a right to privacy and wish to observe that right scrupulously.  At certain times, however, it may be necessary for Landlord or agent to enter, in order to exterminate (monthly), make repairs (as needed), make improvements, show the unit to rental prospects, deliver packages, or for other business reasons. Excepting emergencies, entry will be scheduled for 10 a.m.-6 p.m. and notice will be given by flyer, telephone, or e-mail. 

15.     Tenants are entitled to the quiet enjoyment of their own dwelling at all times, and neighbors are entitled to the same. Operation of devices such as radio/stereo, TV, computer, or other items which may cause noise is not permitted at a volume which is disruptive, disturbing or annoying to others at any time. No musical instruments shall be played on the premises. Be considerate in using common areas of the building. Solicitation is not permitted.

16.     To use space only for legal residential purposes: not to use space as a business or commercial endeavor or as a “fraternity or sorority house” as defined by the City of Ithaca Building Department.

17.     To keep the apartment door and building entrance doors shut and locked at all times. Do not prop doors open.

18.     Not to let any unknown persons into the building.

19.     Not to change the lock or keying to the apartment or room. Tenant is responsible for lock change fee and installation costs if any keys are lost, stolen or otherwise not returned promptly at the end of the Lease. Report lost or stolen keys immediately.

20.     To quit and deliver the premises to the Landlord (move out) peaceably and quietly at the end of the Lease and return all keys issued.

21.     Tenant shall remove all personal property at the end of the Lease term as stated herein.

22.     Landlord shall inspect the premises at the end of the Lease period, at a time convenient to the Landlord, after all keys are returned.

23.     The Landlord may, at its option, remove Tenant’s personal property left at the end of the Lease term and place it in storage at the Tenant’s sole expense. The Landlord shall not be liable for any action or omission relating to this provision.

24.     The Landlord’s obligation ends once the damage deposit (less damages plus interest) has been returned.

 

LIABILITY FOR DAMAGES, INJURIES, CLEANING, ETC:.

1.        The Tenant will be held responsible for the cost of damages caused by failure to report needed repairs. Normal wear and tear excepted.

2.        Tenant shall pay immediately for damages caused by Tenant or visitors.

3.     AVOID DAMAGE CHARGES: wall damage from tape and burn damage to carpet, furniture and countertops from cigarettes, pipes, coals, irons, and cooking items are common but easily avoided deductions. Tenants will be charged for deeply soiled or stained mattresses.

4.        Tenants are fully responsible and liable for the entire amount of all cleaning expenses incurred by Landlord to remove mold from the premises as well as all damages to the premises caused by mold. Landlord (not Tenant) will arrange for these services. Tenant further agrees that the Tenant shall be responsible for damage to the premises and personal property as well as any injury to him/her and all occupants of the premises resulting from Tenant’s failure to comply with these terms. Refer to Page 4, Item B.

5.        If a part or parts of the apartment/unit cannot be satisfactorily cleaned or repaired, Tenant must pay for Landlord to replace them completely. Payment for damages, repairs, cleaning, replacements, etc. are due immediately upon demand.

6.        To the extent permitted by applicable law, the Landlord is not responsible for conditions, damages or injuries that result from Tenant’s failure to maintain the premises in accordance with these provisions.

 

I have read, understand, and agree to these terms and sign this Lease without duress:

 

X Tenant and Agent Signatures

 

PAGE 4: FACILITY UPKEEP     

                                        

 

The Tenant agrees for himself/herself, his/her visitors, guests and invitees:

 

A. MAINTENANCE and FACILITIES:

1. Landlord shall provide a clean and well-maintained apartment at the start of the originating Lease. Renewals and extensions excepted.

2. Landlord shall furnish necessary heat and hot water. Heating Season (as set by Ithaca City Housing Code) is September 1 through May 31 and heat will be supplied as follows: if the outdoor temperature falls below 55 degrees Fahrenheit, each apartment must be heated to a temperature of at least 68 degrees. Tenant agrees not to block or cover heating or other ducts with furniture or bedding.

3. Landlord shall provide necessary maintenance during the term of the Lease. If at commencement of this Lease there remain minor repairs or painting, the Landlord may give the Tenant possession and will complete such items when convenient to the Landlord. There will be no abatement or reduction of rent in such case.

4. Tenant agrees to report any necessary repairs or maintenance requests to the Maintenance Department. The Tenant will be held responsible for the cost of damages caused by failure to report needed repairs.

5. Do not flush large wads of toilet paper. Grease, oils, coffee grounds, fibrous materials, Q-tips, sanitary napkins, tampons, and condoms should be put in the garbage, not in the toilet or down drains.  Tenant is responsible for providing plungers and plunging toilets if they become clogged. Caustic substances (Drano, Liquid-Plumr, etc.) must not be flushed down toilets or drains.  Notify Maintenance if plunging does not correct the problem. Never re-flush a clogged toilet. Water may spill onto the floor and leak into lower floors. Tenant may be held responsible for costs associated to damage caused by this action.

 

B. MOLD AND MILDEW:

1.        Tenant is responsible to assist the Landlord to prevent excessive moisture build-up and mold growth.

2.        Tenant shall use bathroom exhaust fans when showering and take necessary measures to prevent mold from accumulating in the premises by keeping all areas of the premises free from water accumulation, removing visible moisture on windows, walls, ceilings, and surfaces. Excessive moisture can collect from a wide variety of sources such as leaks, shower, sink, or bathtub overflows.

3.        Tenant agrees to report immediately in writing to Landlord: (i) any evidence of a water leak or excessive moisture in the premises; (ii) any evidence of mold that cannot be removed with a common household cleaner; (iii) any failure or malfunction in heating, ventilation or air conditioning, and (iv) any inoperable doors or windows; (v) moldy, musty odors in the premises or (vi) discoloration or staining in the ceilings, walls, or any wood surfaces of the premises.

 

C. FIRE SAFETY AND BUILDING CODE REGULATIONS:

1. Do not tamper with smoke detectors. They are for your safety and are required by local regulations. There are no fire drills. Vacate the building immediately if smoke alarms sound. Tenant shall be responsible for damages caused by Tenant neglect or action.

2. All apartments will be entered over winter break by maintenance staff to perform an annual test of smoke detector performance.

3. Smoking is not permitted in stairwells, halls, elevators, or any common spaces of buildings. In addition, smokers are expected to remain at a reasonable distance from building entrances while smoking so as not to interfere with building access or the rights of others. Dispose of cigarettes safely. Do not leave burning cigarettes, candles, etc. unattended.

4. No satellite dishes, radio, or TV wires may be installed on the roof or exterior walls of the building. The Tenant shall not make any changes to the heating, electrical, telephone, or television cable system connections. Wiring between rooms is not permitted.

5. Tenants must use grounded three-prong surge protectors. Do not overload surge protector units. All extension cords, plug adaptors and halogen lamps/ bulbs are prohibited. Turn off lights when not in use. Microwaves, toaster ovens, coffee pots, crock pots, hot plates, etc. must be used only in the kitchen areas provided. They are not allowed in bedrooms or sleeping areas. Tenant may have one small dorm-size refrigerator in his/her room.

6. Portable space heaters are not allowed. If the heat malfunctions, please notify the Maintenance Department.

7. As required by the City of Ithaca Fire Code: do not leave bicycles, boxes, shoes or other obstructions in halls, stairs, elevators, kitchens, bathrooms, porches or fire escapes. Halls, stairs, and elevators are intended for ingress/ egress only.

8. Installation of (additional) air conditioners is not permitted.

 

D. HOUSEKEEPING & DECORATIONS:

1. Tenant shall provide and use a mattress cover on the bed, preferably a fully encasing zippered cover.

2. Tenant shall keep the premises in a clean and sanitary condition. Do not use abrasive cleaners or scouring pads on the fixtures. Use soft sponges and foaming or spray cleaners. Do not permit offensive odors to originate from the premises at any time. 

3. No painting is permitted. All apartments shall remain painted in the Landlord’s choice of color. Landlord reserves the right to determine when the dwelling will be painted.

4. Pushpins, tacks or very small nails are allowed on walls.  Use of tape, poster tape, Blu Tack/ Poster Putty, or any adhesive is prohibited on walls or carpet. Tenant shall be charged for adhesive damage. No flags, signs or advertisements are to be displayed in any apartment window.

5. No pianos, waterbeds or other heavy furniture are permitted.

6. Tenant shall comply with recycling and tagging laws and be responsible for any fines incurred for failure to comply.

7. Tenant should supply own garbage cans for the apartment.  If garbage is allowed to accumulate inside or outside the apartment, there will be a charge to the Tenant for each bag/item the Landlord removes. To remove trash, use strong plastic bags, tied tightly, removed promptly and taken to the appropriate trash area.  (See Page 5.) Put trash bags in garbage bins, recyclable items in recycle bins.

8. Tenant shall thoroughly clean the premises at the Tenant’s expense before departure and return of keys.

 

 

I have read, understand, and agree to these terms and sign this Lease without duress:

 

X Tenant and Agent Signatures.

 

Page 5: ADDITIONAL INFORMATION

 

RENTS:              Rent may be paid by check, cash, money order, or bank wire transfer only.

                             Credit cards are not accepted.

Include your name and apartment number with payment to ensure

proper credit to your account.

A discount may apply for a year in advance rent payment, please contact the office for details.

 

Mail or bring rent to:                          

Ithaca Renting Company   

Collegetown Office                            

119 Dryden Road                

Ithaca, NY 14850                

 

Phone: 607-272-3000

Fax: 607-277-3529

E-mail: collegetown@ithacarenting.com

Web: www.ithacarenting.com 

 

Please make checks payable as follows:

Collegetown Center/ 151 Dryden Road Tenants: Collegetown Center LLC

Collegetown Plaza / 111 Dryden Road Tenants: Collegetown Plaza LLC

Collegetown Court/ 208 Dryden Road Tenants: Collegetown Court

All other Tenants: Ithaca Renting Company

               

KEY PICKUP:                      For Move-ins, keys may be picked up at the Rental Office Monday –Friday

                                               during regular business hours.

Please call or e-mail for specific office hours during the week you will be arriving.

Any Tenant named on the Lease may pick up keys for any or all Tenants.

Special arrangements: keys may be shipped to you in advance of your arrival at your own expense.

Please arrange key shipments at least one week in advance by calling the Rental Office.

 

MOVING IN:                        When you move in, you will receive a Move-In Inspection Form, which must be

                                                completed and returned to the office within 24 hours, and a Tenant Information

                                                flyer that will have information about building life and apartment upkeep. Please keep it for reference.

 

MOVING OUT:                    Return all keys to the Rental Office. An apartment is not considered vacated until all

keys from each Tenant are returned. If keys are not returned, locks must be changed

at Tenant’s expense.

Apartments should be vacated by the time stated in your Lease and left in clean

condition.

Any items left will be considered abandoned and will not be returned.

 

LOST KEYS:                        If an apartment front door key is lost or stolen, we are required to change the lock. Please see the Flat Rate Damage Charges page of this Lease for current information on the lock change fee. For lost keys or Proximity Reader Tags, please contact the Rental Office at 607-272-3000.

LOCK OUTS:                      If staff is available, they may unlock your apartment if you are a Tenant named on the Lease and have ID available. However, lost keys and lock outs are not an emergency, and if you cannot reach the Rental Office or the Maintenance Office, you may contact a locksmith at your own expense. You must have proof of residence if you call a locksmith.

 

MAINTENANCE:                607-277-0179 Call the Maintenance Office for all maintenance requests. Follow the prompts.

                                                Ithaca Renting Company staff answers this number from 8:30-4:00 weekdays. Please leave a detailed message including your name, apartment number and repair request.

 

EMERGENCIES:                 An answering service will respond at other times for emergencies only.

Emergencies are: no electricity, no heat, no water, major leaks, or any truly dangerous situation.  Lost keys are not an emergency. See above.

 

GARBAGE:                          Please refer to your Tenant Information flyer issued with your keys for additional information.

                                                Collegetown Center & Court: Trash/Recycle areas are located on each floor.

                                                Collegetown Plaza: Trash/Recycle area is located on Floor 3.

                                                Other Locations: Place trash in tightly tied bags at the curb with appropriate Trash Tag sticker for pick up.

                                                Recycling is collected every other week. If trash is placed incorrectly you may incur fines.

                                                210 Dryden Road Rooms 20-37: Please follow directions posted in your kitchen area.

 

ELECTRICITY:    NYSEG: 1-800-572-1111.                                                                      www.nyseg.com      

 

TV/RoadRunner: Time Warner Cable: 1-607-272-3456 or 1-800-822-2536                  www.timewarnercable.com

 

IRIS:                      Ithaca Renting Internet Service 607-277-8336.