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
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Lessee
Lessee