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This is a sample copy of the lease form we use:
                                          RESIDENTIAL   LEASE 

            This lease, made this ** day of ** ,  2010,  between Jay and Karen Arnold and /or their assigns, hereinafter called lessors and **, hereinafter called lessee:

 

            Witnesseth: Lessors do hereby lease and rent unto Lessee, and Lessee does hereby take as tenant under the Lessors, the residence located at ** , in the town of Plainfield, Hendricks County, State of Indiana, to be used by Lessee during the term beginning **, and ending **,   unless renewed as described under paragraph 3, herein.

 

            THE UNDERSIGNED FURTHER AGREES:

 

1.         Lessee will pay to lessors, as rent for said premises, the sum of $ ** per month, payable in advance on the first day of the month, by check or money order (cash cannot be accepted), AND A LATE CHARGE OF $5.00 PER DAY FOR EACH ADDITIONAL DAY THAT RENT REMAINS UNPAID. The imposition of such a late charge, however, shall not be constituted as a waiver of such breach nor prevent lessor from exercising any other rights and remedies granted hereunder. Lessee shall pay the lessors a $25.00 fee for each returned, unpaid check. In addition, lessee shall be charged for any and all costs and/or fees incurred by lessors for collection, including attorneys fees, expenses and time incurred by lessor for said collection. It is understood that time is of the essence. All payments shall be made payable to lessors, or to whomever lessors designate in writing to lessee, be regular mail, and shall be received on or before the date rent is due.

 

2.         Lessee has placed with lessors a Security Deposit of $ **, which may be held for a reasonable time, upon conclusion of this lease, and lessor shall abide by all laws governing the refund of deposits. The Security Deposit will be used to pay any costs incurred as a result of breakage, damage, general misuse of the leased premises or to correct other violations of this lease, including the payment of utilities as required herein. Said deposit will not be used for partial payment of the last months rent.  The required deposit shall be returned upon Tenant's vacating the premises if all provisions of this lease agreement are complied with, and more specifically, but not limited to compliance with the following provision to with: that the property is left undamaged, clean, rentable condition to be determined by the lessors.

     

3.         During the initial term, this lease shall continue, solely at the election of the Lessor on a month to month basis until such time as lessor notifies lessee, thirty (30)days prior to the next rental due date of lessor’s intention to terminate the lease during the initial term. Once lessee has completed the rental period shown above and is renting month to month, he shall give 30 days notice upon vacating premises or he shall be subject to paying a month's additional rent upon vacating. The premises must be vacated by 1:00 P.M. on the day of vacating or lessee shall pay another 15 days rent, unless otherwise agreed to by lessors.

 

4.         During the term of this lease, lessee agrees to maintain this property in as good a state as he finds it, reasonable wear and tear excepted. If damage to property is caused, beyond normal wear and tear, by lessee's acts or neglect, lessee shall pay for damage or have it repaired. Lessee shall have repaired or replaced at his expense any damage of this property caused by his misuse or neglect. This includes but is not limited to water lines, gas lines, or electric fixtures, lavatories and sewer lines, plumbing/heating equipment, lost or broken glass, lost or broken keys or locks.

 

5.         Lessee shall pay all charges for utility services to the leased premises, including electricity, telephone, gas, water, heat, air conditioning, and any sewer charge which is based upon the amount of water consumption.

 

6.         Lessee shall not permit any unlawful practice to be committed on the premises, or to so occupy the premises as to constitute a nuisance, or sublet the premises or any part thereof or assign this lease without written consent of lessors. Lessee agrees to comply with all statues, ordinances, laws, rules, or orders of any federal, state, or local government or department officer thereof having jurisdiction in said premises respecting the use, operation or construction thereof.

 

7.         Lessee shall indemnify and hold harmless lessors for any negligent acts occasioned due to lessee's occupancy, whether such claim is by lessee or by any third party.

 

8.         Lessee has examined the premises, is satisfied with the physical condition, and his taking possession in conclusive evidence of receipt of them in good order and repair, and lessee agrees that no representation as to condition or repair has been made. The following appliances are provided for the lessee and shall be given the same care and consideration as the care of the premises: **

 

9.         It is understood and agreed by the parties hereto that no more than 2 persons per bedroom shall occupy the leased premises. It is further agreed and understood that no pets of any kind shall be permitted.

                                                                                                                                   

 

10.             Lessors shall at all reasonable times have the right to enter upon the leased premises for the purpose of inspection or to make such improvements, repairs or alterations as it may consider expedient, but lessor's assumes no obligation to make such improvements, repairs or alterations except as provided herein. For a period of 30 days prior to the expiration of any lease period herein, should lessee fail to renew, lessors shall have the right to reasonable access to the leased premises for the purpose of exhibiting same to prospective lessees provided such exhibition is not unduly disruptive to lessee's personal usage. During the entire tenancy of lessee, lessor may have the right to reasonable access to the leased premises for the purpose of exhibiting same to prospective buyers provided such exhibition is not disruptive to lessee.

 

11.            Lessors shall not be held liable for any injury or damage whatsoever which may arise on account of incidents due to rain, wind, flooding or other cause: all claims for such injury or damage being hereby expressly waived by lessee.

 

12.            Lessors will provide only insurance on the physical premises, and such shall be strictly to the benefit of the lessors, and lessee agrees that in the event that the building is damaged, destroyed, or otherwise made inoperable that the lessee will consent and agree to permit and cooperate in the rebuilding or repair of the property. Lessee agrees in addition to executing any and all documents to assist, in any way required, including appearance before governmental units, agencies, boards or commissions necessary for the lessors to rebuild, if necessary, said premises, and agrees that the building may be used for alternate uses should the lessors determine that the current building use is no longer profitable and usable as a rental unit.

 

13.       Lessee shall be responsible for the insurance of any and/or all of his personal property and lessor shall not be responsible for damage to said property, nor for liability or liability insurance coverage benefiting the lessee.

 

14.       Lessee will be considered in breach of this lease if he violated any of the terms, conditions, and/or obligations of this lease, including but not limited to :

    a.     Non-payment of rent for more than 3 days of the rent payment due date, as herein described;

    b.     Non-payment of utilities;

    c.     Failure to maintain and/or care for leased property;

    d.            Permitting of an unlawful practice or practices to be committed on the leased property.

    e.            Making or contracting to make alterations or changes to the leased property without first receiving the consent of the lessors: and/or

    f.      Violation of any other term of this lease.

  

15.       Upon the occurrence of any event of breach lessors may, in addition to any other right or remedy hereunder or at law:

 

    a.     Re-enter the Leased Premises, without demand or notice, and resume possession by an action in law or equity or by force or otherwise and without being liable in trespass or for any damages and without terminating this Lease. Lessor may remove all persons and property from Leased Premises and such property may be removed and stored at the cost of the Lessee.

           

    b.            Terminate this lease at any time upon the date specified in a notice of lessee. Lessee's liability for damages, past due rent and utilities shall survive such termination. Upon such termination such damages as are recoverable by the lessors from the lessee may be either an amount equal to "Liquidated Damages" or an amount equal to "Indemnity Payments," solely at the option of lessors.

 

    i.            "Liquidated Damages" means an amount equal to the excess of the rentals provided for in this lease which would have been payable hereunder by lessee, had this lease not so terminated, for a period commencing with such termination and ending with the date set for the expiration of the entire term granted, (hereinafter referred to as "Unexpired Term"), over the reasonable rental value of the leased premises for such period of the Unexpired Term.

 

    ii.             "Indemnity Payments" means an amount equal to the rent and other payments provided for in this lease which would have become due and owing thereunder from time to time during the Unexpired Term plus the cost and expenses paid or incurred by lessors from time to time in connection with the obtaining of possession, removal of property, storage of such, reletting, repairing, and performing all other acts required as a result of the lessee's breach in order for the lessors to obtain tenants.

 

    c.             Without terminating this lease, relet the leased premises without the same being deemed a waiver of the lessor's rights or remedies and lessors shall be entitled to Indemnity Payments, as heretofore the leased premises or any part thereof, nor grant a license or concession in connection therewith without notice of 30 days in writing to lessors, and lessors hereby consents to such so long as all terms herein are fully complied with.

 

    d.     Seek ejectment of lessee.

     

16.          Vehicles:         a) NO AUTOMOBILES, TRUCKS, TRAILERS, NOR OTHER                                                                                                     VEHICLES ARE TO BE DRIVEN OR PARKED ON LAWN                             AREAS

                                    b) All vehicles found parked on the lawn areas or on sidewalks will

                                        be towed immediately, without additional notice, at the tenants

                                        expense. Storage charges to redeem vehicle to be tenants expense.

                                    c) Disabled vehicles and or vehicle parts shall be towed or removed

    from the premises after a seven day written notice is given to                          tenant.

                                    d)Tenant will be charged $25.00 per occurrence for each violation

                                        of the above vehicle restrictions

 

17.       If the lessors pay any reasonable amount for property damage or personal injury resulting from the negligence by lessee or failure of the lessee to observe or perform any covenant of this lease required to be performed by the lessee, then the sum so paid by the lessors, together with all costs, damages and reasonable attorney fees, shall be reimbursed by lessee to lessors at the date of the next rental installment. Failure to pay such shall become a breach under this lease.

 

18.        In the event of any change of ownership of the property hereby leased, lessors agree to notify lessee promptly of such change, and lessors further agree to give new owner formal written notice of the existence of this lease and to deliver a copy thereof to such new owner.

 

19.       All the rights and remedies of the parties are cumulative. The exercise of one or more of the rights or remedies shall not be taken to exclude or waive the right to exercise any other. All  such  rights and remedies may be may be exercised and enforce concurrently and whenever and as often lessors deems desirable.

 

20.       Lessee shall pay  lessors reasonable costs and attorneys' fees incurred in successfully enforcing against the lessee any covenant, term or condition or this lease.

 

21.       No waiver of any covenant or condition or of the breach of any covenant or condition of this lease shall be take to justify or authorize the nonobservance on any occasion of any other covenant or condition hereof. Therefore, any violation or noncompliance of all or any part of this lease shall be construed as a breach of covenant and shall be treated as such.

     

22.            Whenever in this lease it shall be required or permitted that notice or demand be given or served by either party to this lease to or on the other, such notices or demand shall be given or served in writing, by certified mail, addressed as follows:

 

Lessors : Jay and Karen Arnold, Plainfield IN 46168

 

Lessee : **

 

            All rental payments due hereunder shall be made payable to the lessors at the above address. Each party shall promptly notify the other of any change in said address.

 

23.       This lease shall be binding upon all heirs, assigns, and successors of the parties, and shall be governed by the laws of the State of Indiana. If more than one-person signs this lease, he or she agrees to be fully bound as if the sole signatory.

 

24.      Lessor hereby discloses to Lessee that Lessor is licensed under the Indiana Real

Estate Broker licensing Act and holds a Brokers License.

 

25. If Lessee files for bankruptcy this lease becomes void immediately.

  

In witness whereof, lessee and lessors have, on the date first stated herein, duly executed this Indenture of Lease.

 

Lessee:                                                                       Lessors:

______________________________              ______________________________

 

Social Security#_________________               ______________________________

 

Lessee:

______________________________

 

Social Security#_________________

  

CONTACT INCASE OF EMERGENCY (PHONE AND ADDRESS) : ______________

 

________________________________________________________________________

            

Smoke detector and utilities acknowledgement

 

As lessees of the property located at **, I/we hereby acknowledge that the lessor has provided a smoke detector that is in operating condition. I/We have personally checked the smoke detector and find it to be in working order. I/we understand that the fire code requires me to maintain the detector and keep fresh batteries in the mechanism and my failure to do so absolves the landlord, or agent from any responsibility for losses due to my/our non-compliance with the law or malfunction of the detector. Failure to comply could result in a fine. I/we acknowledge that it is our responsibility to notify lessor in writing immediately should the smoke detector cease to operate.

 

It is also necessary to have all utilities (including gas, water, sewer, electric, phone, water softener, phone, cable & trash service) transferred into the lessees name. The following phone numbers will help.

 

White River Enviro.(water & sewer) 837-0000

PSI Electric                           1-800-521-2232

Indiana Gas Co.                  1-800-777-2060

   

_____________________________                _____________________________

Lessee                                                                                    Lessee