Townehomes of Northeast Arkansas
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Lease

APARTMENT LEASE

This lease made this___ day of ____________, 2014, by and between Michael Oldham referred to as “LANDLORD” and________________________ referred to as “RESIDENT”

WITNESSETH:

1.     LOCATION: LANDLORD hereby leases unto RESIDENT Apartment # _____, Premiere Properties of NEA located at the street address of

___________________, Blytheville, Arkansas, to be used as a private residence, exclusively and lawful and moral purposes, and occupied only by ______(number) of persons, hereinafter listed as follows: (list all occupants)

OCCUPANTS:

NAME : _______________________  Age_____  Relationship______________________

NAME : _______________________  Age_____  Relationship______________________

 NAME : _______________________  Age_____  Relationship______________________

NAME : _______________________  Age_____  Relationship______________________

 

2.      TERM: The term of this lease shall begin on the___ day of _______________, 2_____, and shall end on the _____ day of __________________, 2_____.

 

3.      RENTAL AMOUNT: RESIDENT hereby leases said premises of said term and agrees to pay to LANDLORD, his representatives, assigns or agents, a rental in the total sum of $ ______________,  payable $____________per month, due and payable in advance without demand or notice, beginning on the _________ day of _______________,2____, and a like amount on the first day of each and every month following the month this lease began. Rental payments are to be made by check, money order , or cash.

 

4.     LATE CHARGE: If monthly rental is not paid in full by the 5th day of the month, RESIDENT agrees to pay a late charge of $50.00. If rental payment is not paid by the tenth of the month, the late charge increases to $85.00. Any unpaid charges will be deducted from the security deposits when RESIDENT vacates premises.

 

5.     INSUFFICIENT CHECK HANDLIND CHARGES: Resident  agrees to pay a $35.00 handling charge for each insufficient check returned to LANDLORD BY RESIDENT’S bank, said a $35.00 handling charge being in addition to the late charge fee specified in Paragraph 4.

 

6.      LANDLORD reserved the right to refuse to accept personal checks from RESIDENT after two checks have been returned from RESIDENT’S bank unpaid.

 

7.     UTILITIES: RESIDENT will be responsible for the prompt and full payment of all utilities.

 

8.     SECURITY DEPOSIT: RESIDENT shall deposit with LANDLORD the sum of $____________ as security for the faithful performance for each and every covenant of this lease by RESIDENT. $80.00 of said deposit will not be refunded. The balance shall be returned within thirty (30) days after RESIDENT vacates the premises, providing that all the following conditions are met: (A) RESIDENT returns premises to LANDLORD clean, all cabinets, appliances and storage areas clean and empty also in good condition, subject only to reasonable wear and tear; (B) at time of vacating, the full term of the lease has expired. In addition, RESIDENT’S liability under this lease or for damages caused to the apartment by RESIDENT or RESIDENT’S guest(S), shall not be limited to the amount of the deposit, and LANDLORD shall not be deprived of any other remedy allowed by law or provided by this lease to recover cost suffered by LANDLORD, including all lost rent due to improper notice.

 

9.     DAMAGES BY RESIDENT: resident AGREES THAT ALL CONTENTS FURNISHED BY Landlord shall be kept in good condition. RESIDENT shall permit and suffer no waste to be committed on said premises nor shall RESIDENT bring about any changes or alterations to the premises without consent of LANDLORD.  RESIDENT agrees to reimburse LANDLORD promptly for the amount of any loss, property damage  or cost of repairs or service(including plumbing repairs) caused by misuse, negligence or improper use by RESIDENT or anyone about the premises at the invitation of RESIDENT. Such reimbursement is due when the LANDLORD makes demand. LANDLORD’S  failure or delay  in demanding reimbursements  or other sums due by RESIDENT  shall not be deemed a waiver thereof , and LANDLORD may demand same at any time.

 

10.   RESIDENTS CARE OF PLUMBING: RESIDENT will not allow any grease, bulky paper products or foreign objects, etc., to be thrown into waste pipes leading from bathroom or kitchen fixtures which will clog them. RESIDENT agrees that if such clogging occurs,  LANDLORD may promptly cause the proper plumbing repair to be rendered to remove the obstruction at RESIDENTS expense.

 

11.   EARLY TERMINATION: In the event RESIDENT terminates this agreement before the expiration date, RESIDENT’S security deposit will be forfeited. The RESIDENT will also pay 25% of the remaining monthly rent left on this contract.

 

12.   FAILURE TO OCCUPPY: RESIDENT agrees that the security deposit shall be retained by LANDLORD if RESIDENT fails to occupy the premises.

 

13.   RESTRICTIONS:  There will be absolutely no pets allowed to be  in or around premises without prior approval of Landlord. By agreeing to this lease Resident also agrees to the no smoking policy.

 

14.   INSPECTION OF PREMISES:  It is agreed that RESIDENT has inspected the premises, including all the fixtures, kitchen equipment and furnishings therein and that same are clean and in good repair.

 

15.   PLACEMENT OF ARTICLES ON EXTERIOR BUILDING:  RESIDENT agrees not to place or hang anything on the outside of the building or on the window sills, balconies, walkways, or projections of said building and not to hang signs or advertising notices in or about any part of the interior or exterior of the building or its parts, including all of the property areas and property of the LANDLORD at said location. IF RESIDENT refuses to remove said placement and erections, LANDLORD reserves the right to remove the same.

 

16.   GUEST OF RESIDENT: RESIDENT agrees that in the event a guest is housed in the leased premises for more than one week period, said RESIDENT shall notify LANDLORD. Under no circumstances shall a guest be allowed to remain in the leased premises for more than fourteen (14) days. Any violations of this rule shall subject both RESIDENT and guest to eviction proceedings.

 

17.   NUISANCE: RESIDENT agrees that occupancy of the residence shall be peaceful and proper, and further the RESIDENT agrees that should anyone on or about the premises at the invitation or sufferance of RESIDENT  or if RESIDENT himself creates a nuisance or disturbance of any nature, or in any manner, disturbs the tranquility and peaceful   occupancy of the other residents in the apartment building, then the LANDLORD may, at the LANDLORD’S option, declare same a breach of the covenants and conditions of this agreement and after ten (10) days notice, re-enter and take possession of the premises.

 

18.   Unoccupied apartment:  The RESIDENT agrees that the leased premises shall not remain unoccupied for a period in excess of five (5) days without notice to LANDLORD and approval of same by LANDLORD.

 

19.   COMPETENT TO EXECUTE LEASE: The RESIDENT warrants and represents to be over the age of 21 and to be legally competent in every manner to execute this lease, said warranty and representation being made as an inducement to LANDLORD to execute this agreement. It is further understood and agreed that if the lease is executed by more than one RESIDENT, each RESIDENT will become individually as well as jointly liable for all of the obligations herein stated.

 

20.   SUBLEASING: It is expressly understood and agreed that this lease shall not be assigned nor shall the premises be sublet or transferred in any fashion by RESIDENT>

 

21.   LANDLORD’S RIGHT OF ENTRY: LANDLORD reserves and RESIDENT GGRANTS TO THE LANDLORD the right for LANDLORD, its agents, janitors, watchmen and employees and representatives (including pest control service, equipment or other repair service employed by LANDLORD) to enter said premises at any time with or without notice to RESIDENT for the purpose of maintaining the building and premises and for the further purpose of dealing with an emergency. RESIDENT further grants to LANDLORD the right to enter said premises at any time to inspect premises.

 

22.   MALFUNCTION OF EQUIPMENT SERVICES OR UTILITIES: RESIDENT agrees not to hold LANDLORD liable for any stoppage or damage from sewer, water or drain pipes by reasons of obstruction or freezing, nor the failure to provide heat, air conditioning, refrigeration or utilities as a result of any conditions beyond the control of the LANDLORD.

 

23.   RESIDENTS PERSONAL PROPERTY: Personal property of RESIDENT or RESIDENT”S guests shall be placed on the leased premises at the risk of RESIDENT and/or RESIDENT”S guest owning same., and LANDLORD shall not be liable for the loss, fire, damage, destruction, theft of, or injury of such property. LANDLORD STRONGLY RECOMMENDS THAT RESIDENT SECURE HIS OWN INSURANCE TO PROTECT HIMSELF AND HIS OR HER PERSONAL PROPERTY FROM ALL ABOVE OCCURRANCES.

 

24.   AUTOMOBILES, OTHER VEHICLES AND ABANDONED PROPERTY: RESIDENT agrees that the parking space in the parking lot on the said premises is limited to private passenger cars and RESIDENT shall have no right to store any vehicles, boats, or trailers or other property on said parking lot without the written consent of LANDLORD. The RESIDENT hereby grants to LANDLORD the undisputed right after ten(10) days notice, to remove any vehicles from the parking lot that are inoperable for ten (10) consecutive days. RESIDENT further agrees that any vehicles owned by RESIDENT remaining on the LANDLORDS property after the termination of this lease may be removed by the LANDLORD whit full immunity for damages for such removal. LANDLORD shall have the right without notice of any kind, to store, remove or otherwise dispose of any of RESIDENT’S property in any unauthorized area on or about the premises or after the term of this lease, with full immunity to LANDLORD from any damages suffered by the RESIDENT as a result of such disposition or removal.

 

25.   EMINENT DOMAIN:  In the event of a condemnation of the premises under the power of eminent domain or a taking under such power of a part thereof substantial enough, in the opinion of LANDLORD,  to terminate the continuance of this lease, then and in such event, the term of this lease shall cease when possession by the party exercising such power is taken, and the RESIDENT recognizes that the RESIDENT shall have no rights of any nature in the damages awarded for the taking of such property.  In case of partial destruction or injury to said premises by fire, the elements or other casualty, the LANDLORD shall repair the same with reasonable dispatch after to notice to him of such destruction or injury.  In the event said premises are, in the LANDLORD’S opinion, rendered totally untenantable by fire, the elements, or other casualty, or in the event of the building of which the demised premises are a part (though the demised premises may not be abused) of, be injured or destroyed that the LANDLORD shall decide within a reasonable time not to rebuild, then at LANDLORD’S option the term hereby granted shall be paid up to the date of such injury, or damage, with no further liability to the LANDLORD.

 

26.   WAIVER:  In the event the LANDLORD, at his option, agrees to a waiver of any of the terms and conditions recited herein, such waiver shall not for any purpose be constructed as a waiver of any succeeding breech of the same or any other term or condition of said lease, it being expressly understood and agreed that under any circumstances, the burden of proof of compliance with all of the terms and conditions of this lease shall always be upon the RESIDENT.

 

27.   LEGAL EXPENSE: In the event that it is necessary that the LANDLORD employ an attorney or collection agency to enforce any provisions of this lease or if the LANDLORD incurs any expense in the exercise of any rights hereunder, then the RESIDENT agrees to pay all responsible attorney fees, charges made by a collection agency, or any expense of the LANDLORD incurred as a result of this lease.

 

28.   DEFAULT: In the event that RESI*DENT fails to pay rents due, or if RESIDENT fails to pay late charges, or insufficient check charges when due, or if RESIDENT fails to reimburse owner for damages ,repairs ,or plumbing service cost when due under this contract, or if RESIDENT or guest of RESIDENT  materially and/or repeatedly violate this contract and its covenants, then LANDLORD may after ten(10) days notice declare this lease null and void, and reenter the premises and repossesses the same including the right , at LANDLORDS option, to expel said RESIDENT and all of RESIDENT’S goods and chattels found on said premises, such expulsion and disposition of the goods and chattel of the RESIDENT to be without liability by the LANDLORD because of the RESIDENT’S default, notwithstanding the exercise by the LANDLORD of any options reserved by the LANDLORD hereunder.

 

29.   EMPLOYMENT TRANSFER: It is hereby covenanted and agreed that in the event the RESIDENT tenders to the LANDLORD thirty(30) days written notice ( such to be given and became effective only on the next rental payment date), of the fact that the RESIDENT is being transferred by his employer or accepts an employment position beyond Mississippi, Arkansas, this lease will be terminated provided that rent is paid for the said period and that the above mentioned notice is accompanied with written verification by RESIDENT’S EMPLOYER. Despite such employment transfer, the security deposit will not be refunded if the lease has been effective less than six (6) months, and all cost incurred to make the apartment market ready are the responsibilities of RESIDENT.

 

30.   RENEWAL OF LEASE AND HOLDING OVER: In the event RESIDENT desires to renew this lease, RESIDENT will give LANDLORD 30 days notice of the intent to renew. The RESIDENT may:(1) execute a new lease at a rental rate agreed upon by the parties or; (2) with the LANDLORD’S consent, rent the apartment on a month to month basis on the same terms as set forth in the lease except rentals amount shall be at market rate plus $25.00. The RESIDENT will be required to give a thirty (30) days notice of RESIDENT’S intent to vacate when renting on a month to month basis or upon lease expiration. Notice shall be given and become effective only on the next rental payment date. On termination of this lease, RESIDENT agrees to surrender possession of the leased premises without demand. Failing to do so, RESIDENT will, in addition to the damages generally recoverable, be liable to LANDLORD for all damages LANDLORD may sustain, including claims made by any succeeding tenant against LANDLORD which are founded upon delay or failure in delivering possession of the leased premises to the succeeding tenant.

 

31.    ENTIRE AGREEMENT:  This lease contains the entire agreement between the parties, and any agreement hereafter made to change, modify or dissolve this lease shall be ineffective and invalid unless the same is in writing and executed by both parties.

 

IN TESTIMONY WHEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS THIS DAY. THE SIGNATURE OF RESIDENT ACKNOWLEDGES THAT RESIDENT HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF SAID LEASE.

 

____________________________________________  

RESIDENT

 

____________________________________________

RESIDENT

 

LANDLORD

BY:_________________________________________

 

 

 

 

 

 

 

 

 

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