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Embed code for: HOGAN_CONTRACT_511Main_Whitehead
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Name: David & Brandi Whitehead _________ ___
Address of Premises: 511 E Main St. Peru, IN _________________________ _____________
Name James Center____________________________________________________
Business Address 10272 E 600 North Peru, IN 46970 (mail rent to this address)____
In consideration of the mutual covenants and agreements contained in this CONTRACT, LESSOR hereby leases to LESSEE, and LESSEE hereby leases from LESSOR for a private dwelling the premises designated above (Premises), together with the appurtenances thereto, for the above Term. Lessor warrants it/he has authority to execute this Contract of Lease and in all respects act on behalf of Owner in enforcing it and stands in the position of Owner in all respects with regard to this Lease, which LESSEE understands and accepts. After the term of this CONTRACT expires, unless this agreement is terminated, LESSEE shall become a TENNANT from month to month only. Either LESSEE or LESSOR may terminate this agreement on the last day of the original CONTRACT term, or on the last day of any subsequent monthly rental period by giving written notice to the other, on or before thirty (30) days prior to such last day, of an intention to terminate this agreement.
LESSEE shall on Friday of every week starting 7/3/2015 pay LESSOR in advance the rent set forth above at the address set forth above (or such other address as LESSOR may designate in writing). The time of each and every payment of rent is of the essence of the Lease. Late payment of $5.00 per day will be charged by LESSOR if the rent in full is not paid by the Friday of each week. The late charge is not a grace period and the lessor is entitled to make written demand for any rent unpaid on the second day of the rental period.
LESSEE has deposited with LESSOR the Security Deposit stated above for the performance of all covenants and agreements of LESSEE hereunder. LESSOR may apply all or any portions thereof in payment of any amounts due LESSOR from LESSEE, and upon LESSOR’S demand LESSEE shall in such case during the term of the Lease promptly deposit with LESSOR such additional amounts as may then be required to bring the Security Deposit up to the full amount stated above. Upon termination of the Lease, full performance of all matters, and payment of all amounts due by LESSEE, so much of the Security Deposit as remains unapplied shall be returned to LESSEE. Where all or a portion of the Security Deposit is applied by LESSOR as compensation for property damage, LESSOR when and as required by law shall provide to LESSEE an itemized statement of such damage and of the estimated or actual cost of repairing same. LESSOR may sue LESSEE to recover damages in excess of Security Deposit.
The APPLICATION for this Lease and all representations and promises contained herein are hereby made a part of this Lease. LESSEE warrants that the information given by LESSEE in the APPLICATION is true. If such information is false, LESSOR may at LESSOR’S option terminate this Lease by service of a ten (10) day written “Landlord’s Notice”.
Landlord pays all utilities, and supplies a stove and refrigerator for the tenants use. Tenant agrees to keep the utility costs down by keeping doors and windows closed, and at the landlords request cover windows with plastic during the winter months
USE OF DWELLING:
The Premises shall be occupied solely for residential purposes(no business use whatsoever) by LESSEE, those other persons specifically listed in the application for this Lease, and any children which may be born to or legally adopted by LESSEE. Neither LESSEE nor any other person shall perform or permit any practice that may damage the reputation of or otherwise be injurious to the building, be illegal, increase the rate of insurance on the building, or disturb the LESSEES of such building or the neighborhood.
LESSEE shall not sublet the premises, or any part thereof, nor assign this lease without in each case the written consent of the LESSOR first had, which consent may be withheld by LESSOR for any or no reason.
Except as provided by Indiana Statute, LESSOR shall not be liable for any damage occasioned by failure to keep the premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other pipes, or sewerage, or the bursting, leaking or running of any cistern, tank, wash-stand, watercloset or wastepipe, in, above, upon or about said building or premises, nor for damage occasioned by water, snow or ice being upon or coming through the roof, sky-light, trap-door or otherwise, nor for damages to LESSEE or others claiming through LESSEE for any loss or damage of or to property wherever located in or about said building or the premises, nor for any damage arising from acts or neglect of co-tenants or other occupants of the same building, or of any owners or occupants of adjacent or contiguous property. Lessee is required to carry Renters Insurance.
DUTIES OF TENANTS:
LESSEE covenants to perform the following obligations during the term hereof: (A) maintain the premises and appurtenances in a clean, sanitary and safe condition including keeping the steps and walkways clear of ice and snow; (B) dispose of all rubbish, garbage and other waste in a clean and sanitary manner from the premises to the refuse facilities; (C ) properly use and operate all appliances, electrical, gas and plumbing fixtures; (D) not place in the premises or building any furniture, plants, animals, or any other things which harbor insects, rodents, or other pests; (E) keep out of the premises any building materials which cause a fire hazard or safety hazard and comply with reasonable requirements of LESSOR’S fire insurance carrier; (F) not destroy, deface, damage, impair, nor remove any part of the building or premises or facilities, equipment or appurtenances thereto; and (G) prevent any person in the premises or building with LESSEE’S permission from violating any of the foregoing LESSEE obligations. LESSEE shall not suffer or commit any waste in or about the premises or building and shall at LESSEE’S expense keep the premises in good order and repair (except to the extent LESSOR has in this Lease agreed to do so).
Upon the termination of the lease in any way, LESSEE will immediately yield up the premises and the appurtenances to LESSOR in as good condition as then the same was entered upon by LESSEE, ordinary wear and tear only excepted, and shall then return all keys to LESSOR and provide LESSOR with LESSEE’S forwarding address.
LESSEE SHALL NOTIFY LESSOR IN WRITING OF LESSEE’S INTENTION TO RENEW THIS LEASE OR MOVE UPON THE END OF THE TERM NO LATER THAN SIXTY (60) DAYS BEFORE THE END OF THE TERM. SAID NOTICE SHALL IN NO WAY OBLIGATE LESSOR TO ANY EXTENSION HEREOF UNTIL LESSOR ACCEPTS SAID RENEWAL.
If the LESSEE retains possession of the premises or any part thereof after the termination of the term by lapse of time or otherwise, then the LESSOR may at LESSOR’S option within thirty (30) days after the termination of the term serve written notice upon LESSEE that such holding over constitutes either (a) renewal of this lease for one year at a monthly rental to be established by LESSOR (LESSOR shall have the option to increase rent on any holding over) or (b) creation of a month to month tenancy, upon the terms of this Lease except at double the monthly rental specified on page 1, or (c ) creation of a tenancy at sufferance, at a rental of $20.00 per day for the time LESSEE remains in possession. If no such written notice is served than a tenancy at sufferance with rental as stated in (c ) shall have been created. LESSEE shall also pay to LESSOR all damages sustained by LESSOR resulting from retention of possession by LESSEE.
LESSOR reserves the right to free access to the premises at all reasonable hours for the purpose of examining or exhibiting the same, or to make any needful repairs on the premises which LESSOR may deem fit to make. In the event of apparent or actual emergency, LESSOR may enter the premises at any time without notice. LESSEE will allow LESSOR to have placed upon the premises, at all times, notice of “For Sale” and “To Rent” and will not interfere with the same. LESSEE shall pay LESSOR one (1) month’s rent as liquidated damages for each interference with the rights set forth in this paragraph.
If LESSEE shall abandon or vacate the premises (ten days physical absence by LESSEE with rent being unpaid, or removal of the substantial portion of LESSEE’S personal property with rent being paid, and reason to believe LESSEE has vacated the premises with no intent again to reside therein, shall be conclusively deemed to be an abandonment), the same may be relet by LESSOR for such rent and upon such terms as LESSOR may see fit; and if a sufficient sum shall not thus be realized, after paying the expenses of such reletting and collecting, to satisfy the rent hereby involved, LESSEE agrees to satisfy and pay all deficiency. LESSEE shall be conclusively deemed to have abandoned any personal property remaining in the premises and LESSEE’s title thereto shall thereby pass under this Lease as Bill of Sale to LESSOR without additional payment or credit by LESSOR to LESSEE.
TRANSFER BY EMPLOYER:
In the event that the LESSEE’s present employer transfers the LESSEE’s place of employment twenty-five (25) miles or more from Miami County, the LESSEE may upon giving Sixty (60) days written notice and paying an additional sum equal to month’s rent, terminate the Lease. Written notice from the LESSEE’S employer is required. In event the LESSEE is inducted, recalled, transferred or discharged from military service, the LESSEE may upon giving thirty (30) days written notice and paying an additional sum equal to one month’s rent, terminate this Lease agreement. A copy of the LESSEE’S military orders are required. LESSEE's desiring to break their Lease due to marriage plans, transferring jobs, or inability to pay may do so by giving sixty (60) days written notice and paying an additional sum equal to one month’s rent and loss of Security Deposit.
LIABILITY FOR RENT:
In the event that the LESSOR is required to serve a landlords 5-day, 10-day, or 30-day statutory notice to quit because of LESSEE’s breach of duties as LESSEE, LESSOR reserves the right at LESSOR’s election to recover from LESSEE the amount of lost rental charges for the term of this lease, if any, even though LESSOR serves such statutory notice and /or proceeds to evict LESSEE from the premises.
LEGAL EXPENSES, NOTICES:
LESSEE will pay and discharge all reasonable costs, attorney fees and expenses that shall be made and incurred by LESSOR in enforcing the COVENANTS and AGREEMENTS of this Lease. It is expressly understood that after service of notice, or the commencement of a suit or after final judgement for possession the premises, LESSOR may receive and collect any rent due, and the payment of said rent shall not waive or affect said notice, said suit, or said judgement.
RIGHTS OF LESSOR:
The rights and remedies of LESSOR under this lease are cumulative. The exercise or use of any one or more thereof shall not bar LESSOR from exercise or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise nor use of any right or remedy by LESSOR waive any other right or remedy.
FIRE AND CASUALTY:
In the case of the premises shall be rendered untenantable during the term of this Lease by fire or other casualty, LESSOR at his option may terminate the Lease or repair the premises within sixty (60) days thereafter. If LESSOR elects to repair, this Lease shall remain in effect provided such repairs are completed within said time. If LESSOR shall not have repaired the premises within said time, then at the end of such time the term hereby created shall terminate. If this Lease is terminated by reason of fire or casualty as herein specified, rent shall be apportioned and paid to the day of such fire or other casualty. Tenants shall maintain (replace batteries, etc) landlord provided smoke detectors and check them monthly to ensure they are functional. Evidence of un-maintained smoked detectors is just cause for immediate eviction.
BINDING OF HEIRS::
The words “LESSOR” and “LESSEE” wherever herein occurring and used shall be construed to mean “LESSORS” and “LESSEES” in case more than one person constitutes either party to this Lease; and all the COVENANTS AND AGREEMENTS herein contained shall be binding upon, and inure to, their respective successors, heirs, executors, administrators and assigns and or exercised by his or their attorney or agent. In the event any provision of this Lease be
declared illegal or unenforceable, the remaining portions shall remain fully valid and enforceable.
In the event that lessee is incarcerated for any reason, this lease agreement is officially terminated on the date of the incarceration and the possession changes hands back to the landlord immediately. Tenant must immediately make arrangements to have their personal property removed from the premises or it will be the property of the landlord after 10 days and will be considered abandoned and disposed of as seen fit by the landlord.
It is the sole responsibility of the tenant to maintain every aspect of the lawn including (but not limited to) mowing, weed-eating, trimming, and keeping free of debris, trash etc. Also, tenants must keep the steps and walkways clear of ice and snow.
Trash cans are the responsibility of the tenant.
WITNESS the hands and seals of the parties hereto, as of the date of Lease stated above.
03/17/16 Page 1 of 3 Initials: _____ _____
Date of Lease
Time of Lease
rental charges for the term of this lease, if any, even though LESSOR serves such statutory notice and /or proceeds to evict LESSEE from the premises.
In the case of the premises shall be rendered untenantable during the term of this Lease by fire or other casualty, LESSOR at his option may terminate the Lease or repair the premises within sixty (60) days thereafter. If LESSOR elects to repair, this Lease shall remain in effect provided such repairs are completed within said time. If LESSOR shall not have repair