Fixed-Term Residential Lease

Clause 1. Identification of Landlord and Tenant

This Agreement is entered into on __________________________________ between ______________________________________________________________________________

_____________________________________________________________________ ("Tenant") and D3VON, LLC ("Landlord"). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement.

Clause 2. Identification of Premises

Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for living purposes only, the Premises located at ___________________________________________________________________ ("the Premises"), together with the following furnishings and appliances: stove, refrigerator, _____________________________________________________________________.

Rental of the Premises also includes ________________________________.

Clause 3. Limits on Use and Occupancy

The Premises are to be used for living purposes only for Tenant(s) listed in Clause 1 of this Agreement, by the immediate family members of the Tenant(s), and by additional occupants as defined in and only in accordance with RPL Sec. 235-f. For purposes of this clause, immediate family members include a spouse, a sibling, a child, a stepchild, a grandchild, a parent, parent-in-law, stepparent or grandparent. In addition to the foregoing, the Premises may be occupied from time to time by guests of the Tenant(s) for a period of time not exceeding 15 days, unless a longer period is approved in writing by the Landlord. No immediate family members, additional occupants or guests may occupy the apartment unless one or more of the Tenants occupy the rental unit as a primary residence, or unless consented to in writing by the Landlord.

Clause 4. Term of the Tenancy

a. Fixed-Term

The Term of the rental will begin on __________, 200__, and end on __________, 200__. If Tenant vacates before the Term ends, Tenant will be liable for the balance of the rent for the remainder of the Term. Should the tenant fail to remove themselves and their property from the premises by

the time set forth above, they shall forfeit 2 days rent from their security deposit for every day that they are in possession of the property, or have their belongings on the premises. Failure to return keys upon vacating will result in a $50.00 charge plus labor to repair any damage created by any resulting necessary forced entry.

 

b. Continuing Month-to-Month

At the end of the Term, tenancy shall continue on a month-to-month basis. After the expiry of the Term, Landlord may terminate the tenancy or modify the terms of this Agreement by giving the Tenant a minimum of 30 days written notice. Tenant may terminate the tenancy by giving the Landlord a minimum of 30 days written notice.

Clause 5. Payment of Rent

a. Regular monthly rent

Tenant will pay to Landlord a monthly rent of $__________, and additional rent as set forth below, payable in advance on the first day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid in the following manner unless Landlord designates otherwise:

b. Delivery of payment

Rent and additional rent will be paid:

[ X ] by mail, to 7 South Washington Street, Binghamton NY 13903

[ X ] in person, at 7 South Washington Street, Binghamton NY 13903 (dropbox)

There is a $25.00 rent pick-up fee in the event the Landlord has to schedule rent pick-up.

c. Form of payment

Landlord will accept payment in these forms:

[ X ] personal check made payable to D3VON, LLC

[ X ] cashier's check made payable to D3VON, LLC

[ ] credit card

[ X ] money order

[ X ] electronic check or money transfer

d. Prorated first month's rent

For the period from Tenant's move-in date, _________, 200__, through the end of the month, Tenant will pay to Landlord the prorated monthly rent of $_________. This amount will be paid on or before the date the Tenant moves in.

Clause 6. Late Charges

If Tenant fails to pay the rent or additional rent in full before the end of the 4th day after it's due, Tenant will pay Landlord, as additional rent, a late charge of $25.00 and a finance charge of 24% interest per year (.065753425% per day). Landlord does not waive the right to insist on payment of the rent or additional rent in full on the date it is due.

Clause 7. Returned Check and Other Bank Charges

If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment" or any other reason, Tenant will pay Landlord a returned check charge of $25.00.

Clause 8. Security Deposit

On signing this Agreement, Tenant will pay to Landlord the sum of $_________ as a security deposit. Landlord will deposit this security deposit in __________________ financial institution at ___________________________. If the building in which the Premises is located contains six or more units, or if the unit is rent-stabilized, the security deposit will earn interest. Tenant may not, without Landlord's prior written consent, apply this security deposit to the last month's rent or to any other sum due under this Agreement.

If, within 60 days after Tenant has vacated and left the Premises in as good condition as it was found, except for normal wear and tear, Tenant has returned keys and provided Landlord with a forwarding address, Landlord will return the deposit in full or give Tenant an itemized written statement of the reasons for and dollar amount of any of the security deposit retained by the Landlord. Landlord may withhold all or part of Tenant's security deposit necessary to: (1) remedy any default by Tenant in the payment of rent; (2) repair damage to the Premises, except for ordinary wear and tear caused by Tenant; (3) clean the Premises if necessary, and (4) compensate Landlord for any other losses as allowed under law.

Clause 9. Utilities

Tenant will pay all utility charges, except for the following, which will be paid by Landlord:

Water, sewer_________________________________________________.

Clause 10. Assignment and Subletting

a. Assignment. Tenant will not assign this Agreement without the Landlord's prior written consent. Prior to any assignment, Tenant must request permission to assign from the Landlord, in writing, and in the manner required by Real Property Law Sec. 226-b. Landlord may refuse to consent to an assignment for any reason or for no reason, but if the Landlord unreasonably refuses consent, Tenant may terminate this Agreement upon thirty days' notice.

b. Subletting. Tenant will not sublet any part of the Premises without the Landlord's prior written consent.

1) If the building in which the Premises are located contains fewer than four (4) units, Landlord may refuse to consent to Tenant's sublet request for any reason or for no reason.

2) If the building in which the Premises are located contains four (4) or more units, Tenant must request permission to sublet from the Landlord, in writing, and in the manner required by New York Real Property Law Sec. 226-b. Landlord may not unreasonably refuse to consent to Tenant's proper request to sublet.

c. Fees. Landlord may impose a reasonable fee on Tenant in connection with the review and processing of any Tenant request or application to assign or sublet.

Clause 11. Tenant's Maintenance Responsibilities

Tenant will: (1) keep the Premises clean, sanitary and in good condition and, upon termination of the tenancy, return the Premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the Premises of which Tenant becomes aware; (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the Premises damaged by Tenant or Tenant's guests or business invitees through misuse or neglect; (4) test and maintain smoke alarms which are present and operational in the unit; (5) not leave personal belongings outside of the unit overnight; this includes any common areas inside the building; (6) purchase official City bags (aka green bags) at tenants expense for City garbage collection. Garbage must be stored in the designated area in sealed containers provided for the tenant. Tenant is responsible for placing items at the curb after 6:00 PM the night before scheduled collection (scheduled according to municipal policy). Tenant agrees to pay $25.00 for trash removal per occasion should the Landlord dispose of Tenant trash; if the Tenant fails to abide by these garbage removal responsibilities, the Landlord , at his discretion, may require the Tenant to pay for a garbage removal service; (7) not paint or alter of the premises without the Landlords written consent. Wallpaper borders are prohibited. "Sponge effect" paint is prohibited; (8) Tenant bears full responsibility for damage of any kind to the property while in his / her possession. Landlord assumes no responsibility for damage to any property belonging to or under the control of the Tenant. Tenant shall carry renters insurance and name D3VON, LLC as an additional insured.

 

Tenant has examined the Premises, including appliances, fixtures, window coverings and carpeting, if any, and has found them to be in good, safe and clean condition and repair.

Clause 12. Repairs and Alterations by Tenant

a. Except as provided by law, or as authorized by the prior written consent of Landlord, Tenant will not make any repairs or alterations to the Premises, including painting, wallpapering or nailing holes in walls. Tenant must not change the plumbing, ventilating, air conditioning or electric or heating systems.

b. If Tenant re-keys or installs any locks to the Premises or installs or alters any burglar alarm system, Tenant will provide Landlord with a duplicate key or keys capable of unlocking all such re-keyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system.

Clause 13. Smoking Prohibition

Although the Landlord will not prohibit smoking inside Tenants unit unless there is a nuisance or danger to other Tenants of the building, Tenant is prohibited from smoking in areas common to other Tenants. If Tenant and / or their guests do smoke in sufficient duration and / or quantity so as to require a repainting of their unit, the cost of said repainting will not be considered normal wear and tear and will the cost of said repainting will be deducted from the security deposit upon vacation the premises.

Clause 14. Violating Laws and Causing Disturbances

Tenant is entitled to quiet enjoyment of the Premises. Tenant and guests or invitees will not use the Premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession or sale of illegal drugs or controlled substances; (2) commit or permit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident, or their safety or comfort, or engage in any other objectionable conduct.

Clause 15. Music and Noise Levels

(1) After 10:00 PM and before 8:00 AM, Tenant shall keep their own noise level at or below a level that would interfere with a neighboring Tenants ability to sleep or meditate. Three complaints from any neighboring Tenant with regard to the violation of this clause by the Tenant constitute a breach of this Agreement which will result in the termination the Agreement; upon such termination, the Landlord will give the Tenant a written termination notice; (2) if the Tenants unit is above another unit, the floors of Tenants unit must be covered with rugs or carpeting or equally effective noise reducing material, to the extent of at least 80% of the floor area of each room, in areas of high foot traffic in particular, excepting only kitchens, pantries, bathrooms, and closets.

Clause 16. Pets

No animal, bird or other pet will be kept on the Premises, without the Landlord's written consent, except service animals needed by blind, deaf or disabled persons and __________________________________ under the following conditions: _____________________________________________. In the event that Tenant has a dog, Tenant will have dog bite liability insurance providing $300,000 in liability coverage at a minimum.

Clause 17. Landlord's Right to Access

Landlord or Landlord's agents may enter the Premises in the event of an emergency, to make repairs or improvements or to show the Premises to prospective buyers or tenants. Landlord may also enter the Premises to conduct an annual inspection to check for safety or maintenance problems. Except in cases of emergency, Tenant's abandonment of the Premises, court order, or where it is impractical to do so, Landlord shall give Tenant reasonable notice before entering the Premises.

Clause 18. Extended Absences by Tenant

Tenant will notify Landlord in advance if Tenant will be away from the Premises for 10 or more consecutive days. During such absence, Landlord may enter the Premises at times reasonably necessary to maintain the property and inspect for needed repairs.

Clause 19. Possession of the Premises

a. Tenant's failure to take possession. If, after signing this Agreement, Tenant fails to take possession of the Premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement.

b. Landlord's failure to deliver possession. If Landlord is unable to deliver possession of the Premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the Premises, this Agreement shall remain in effect. Tenant's obligation to pay rent shall not begin, however, until such time as the Premises are made available to Tenant for occupancy. Landlord shall notify Tenant of the date that the Premises are available for occupancy. If Landlord fails to deliver possession to the Tenant within 30 days after the date this Agreement begins, Tenant, may elect to terminate the Agreement on written notice to the Landlord, and Landlord shall refund to Tenant any sums previously paid under this Agreement. Landlord shall not be responsible for Tenant's damages or expenses caused by any delay in delivering possession.

Clause 20. Tenant Default

a. If Tenant fails to pay rent or additional rent after a personal demand for rent has been made by the Landlord or Landlord's agent, or within three days after a written demand for rent has been made by Landlord or Landlord's agent or attorney, Landlord may begin legal proceedings to evict Tenant and Tenant's occupants from the Premises.

b. If Tenant otherwise defaults under this Agreement by:

1) failing to comply with any other term or rule of this Agreement, or

2) permanently moving out before this Agreement expires then Landlord must give Tenant notice of default stating the type of violation and directing Tenant to cure the violation within 10 days. If Tenant fails to cure the default within the time stated, Landlord shall terminate the Agreement by giving the Tenant a written termination notice. The termination notice will give the date the Agreement will end, which shall not be less than 10 days after the date of the notice. If Tenant and Tenant's occupants fail to move out on or before the termination date, Landlord may begin legal proceedings to evict the Tenant and Tenant's occupants from the Premises.

Clause 21. Violations

If the Tenant is found in violation of any of the terms of this agreement he / she authorizes the Landlord to use security deposit money to correct the defect. The Tenant hereby agrees that the term of the lease will revert to a month to month agreement, after notification by the Landlord

to the Tenant of the Tenant's violation of the agreement. This notification will be made by personal service or, by serving the notice by posting on the door of the unit, or other suitable place at or near the entrance area to the living unit. Personal Service is agreed to include delivery of the notice to any occupant at the living unit that appears to be in control of the unit, whether they are or not.

Clause 22. Payment of Attorney Fees and Court Costs

In any legal action or proceeding to enforce any part of this Agreement, the prevailing party [ ] shall not [ X ] shall recover reasonable attorney fees and court costs.

Clause 23. Jury Trial and Counterclaims

a. Jury trial. Landlord and Tenant agree to give up their right to a trial by jury in any action or proceeding brought by either against the other for any matter concerning the Agreement or the Premises. This does not include actions for personal injury or property damage.

b. Counterclaims. Tenant agrees to give up the right to bring a counterclaim or set-off in any action or proceeding by Landlord against Tenant on any matter directly or indirectly related to the Agreement or the Premises.

Clause 24. Disclosures

Tenant acknowledges that Landlord has made the following disclosures regarding the Premises:

[ X ] Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

[ ] Other disclosures: ______________________________________________________

Clause 25. Damage and Destruction

If all or part of the Premises becomes unusable, in part or totally, because of fire, accident or other casualty, the following shall apply:

a. Unless the Agreement is terminated pursuant to Subparagraphs b or c, below, Landlord will repair and restore the Premises, with this Agreement continuing in full force and effect, except that Tenant's rent shall be abated based upon the part of the Premises which are unusable, while repairs are being made. Landlord shall not be required to repair or replace any property brought onto the Premises by Tenant.

b. In the event that Landlord wishes to demolish or substantially rebuild the building in which the Premises are located, the Landlord need not restore the Premises and may elect instead to terminate this Agreement upon written notice to Tenant within thirty (30) days after such damage. If the Premises are partially usable, this Agreement will terminate 60 days from the last day of the calendar month in which Tenant is given the Landlord's termination notice.

c. If the Premises are completely unusable and the Landlord does repair the Premises within 30 days, Tenant may, upon written notice, elect to terminate this Agreement, effective as of the date the damage occurred.

Clause 26. Notices

a. Notices to Tenant. Any notice from Landlord, or Landlord's agent or attorney will be considered properly given to Tenant if in writing; signed by or in the name of the Landlord or Landlord's agent; and addressed to Tenant at the Premises and delivered to Tenant personally, or sent by registered or certified mail to Tenant at the Premises, or by posting on the door of the unit, or other suitable place at or near the entrance area to the living unit. The date of service of any written notice by Landlord to Tenant under this Agreement is the date of delivery or mailing of such notice.

b. Notices to Landlord. Any notice from Tenant will be considered properly given to Landlord if in writing and delivered or sent to Landlord by registered or certified mail at the following address: 7 South Washington Street, Binghamton NY 13903 or at another address for which Landlord or Landlord's agent has given Tenant written notice.

Clause 27. Abandoned Property

When this Agreement expires or is terminated, Tenant must remove all personal property and belongings from the Premises. If any of Tenant's property remains in the Premises after the tenancy ends, Landlord may either discard the property or store it at Tenant's expense. Tenant agrees to pay Landlord for all costs and expenses incurred in removing and/or storing such personal property. The terms of this clause will continue to be in effect after the end of this Agreement.

Clause 28. Criminal Activity

Tenant agrees that if police are called to the premises on more than 2 occasions, other than

during routine general investigations not directed specifically toward the tenant, or, if any warrant is executed at the premises whereby police make forced entry, the tenant agrees to notify D3VON, LLC immediately of any such activity. Tenant agrees to become a month to month tenant immediately upon any such warrant being executed.

Clause 29. Illicit Drug Policy

Tenant understands that D3VON, LLC has zero-tolerance related to drug activity, and should any employee or representative uncover or suspect such activity is taking place on any D3VON, LLC owned or managed property, such suspected use or possession shall immediately be referred to the proper authorities, and this agreement shall be considered null and void.

Clause 30. Validity of Each Part

If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement.

Clause 31. Entire Agreement; No Waivers

a. Entire agreement. This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant.

b. No waivers. Only a written agreement between the Landlord and Tenant may waive an obligation or violation of this agreement. A waiver may not be implied by the Landlord's acceptance of rent, or failure to take immediate action against the Tenant, while the Tenant is violating one or more provisions of this agreement.

 

________________ _________________________________ (607) 651-6833

Date Landlord or Landlord's Agent

D3VON, LLC

 

________________ _________________________________ __________________

Date Tenant Phone

 

________________ _________________________________ __________________

Date Tenant Phone

 

________________ _________________________________ __________________

Date Tenant Phone

 

________________ _________________________________ __________________

Date Tenant Phone