§ Clauses

1. Jointly and Separately Liable
   
   

Each Lessee is jointly and severally liable for the payment of rent and performance of all other terms of this agreement.

2. Possession
   
   

Lessee shall be permitted to take possession of the Premises after 3pm upon the commencement of the lease term and must relinquish the property no later than 11am upon the end of lease term, or as otherwise agreed between the parties. If Lessor cannot deliver possession of the Premises at the commencement of the lease term, the rent shall be abated until the Premises are available for occupancy by Lessee. Lessee will also have the option to cancel the lease and receive a full refund. 

3. Condition of Premises
   
   

Lessee's acceptance of possession shall constitute conclusive evidence of Lessee's receipt of the Premises in good order and repair as of the commencement of the lease term.

4. Limitation of Liability
   
   

Except as provided by State or local law or ordinance, Lessee agrees to indemnify and hold the Lessor harmless from any and all liability, loss or damage arising from any nuisance made or suffered on the leased premises by the Lessee or the Lessee’s family or guests that was caused by any negligence or illegal or improper conduct of Lessee or Lessee’s family or guests. Neither the Lessee nor the Lessee’s family or guests shall make offensive use of the leased premises, nor commit or permit any nuisance to exist on the Premises, nor cause damage to the Premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Lessor or any other occupants of the Premises or any other apartment.

5. Lessee to Maintain
   
   

Lessee shall keep the Premises and the furniture, fixtures and appliances therein in a clean and healthy condition, and in good working order, and in accordance with any and all ordinances applicable to the tenancy, at Lessee's own expense, and upon the termination of this lease, for any reason, Lessee shall return the Premises to Lessor in as good a condition of cleanliness, organization and repair as at the commencement of this lease, reasonable wear and tear excepted. Lessee is responsible for all necessary repairs to the Premises whenever damage has occurred or repairs are required due to Lessee's conduct or neglect. Lessee shall replace all broken glass and fixtures, and shall maintain smoke and carbon monoxide detectors, smart locks and doorbell in good condition at all times, including replacing spent batteries as necessary. Upon Lessee vacating the Premises, if the Premises are not clean and in good repair, Lessor or his agent may replace the Premises in the same condition of repair and cleanliness as existed at the commencement of the lease term. Lessee agrees to pay Lessor for all expenses incurred by Lessor in replacing the Premises in that condition. Lessee shall not cause or permit any waste, misuse or neglect to occur to the water, gas, utilities or any other portion of the Premises.

6. Use of Premises
   
   

The Premises shall be occupied for residential purposes only, and only by the persons disclosed in this lease and on the Application for Lease submitted by Lessee in connection with the renting of the Premises. Lessee shall not engage in any activity, which will increase the rate of insurance on the property. Lessee shall not bring any firearm onto the premises. Lessee shall not allow trash to accumulate in the common areas of the Premises or allow objects to be thrown from windows. Lessee shall not hang objects out of windows or place objects on windowsills or ledges, which may fall and injure persons below. Lessee shall not keep any pet in the Premises without written permission being first obtained from Lessor. If the Lessee has a documented disability recognized under federal, state, or local law that requires a service animal, Lessee shall inform Lessor in writing and request an accommodation. Lessee shall not use porches for cooking, sleeping or storage of furniture, bicycles or other items of personal property. In no case shall Lessee allow porches or decks to be overloaded or occupied by more people than would be reasonably safe based on the condition of such porch or deck. Lessee shall not hold any parties on the premises. 

7. Appliances
   
   

Lessee shall not install any air conditioning, heating or cooling equipment or dishwashers or clothes washers or dryers or other appliances in any portion of the building or Premises.

8. Disturbance
   
   

Lessee agrees not to play televisions, radios, musical instruments or musical playback equipment in a manner which disturbs the neighbors, and shall maintain the volume of such equipment at reasonable levels. In addition, Lessee agrees to limit playing of such equipment between the hours of 10:00 p.m. and 7:00 a.m. to a volume that cannot be heard by persons outside of the Premises. Parties and gatherings of more than 8 people are not allowed on the premises. 

9. Access to Premises
   
   

Lessee shall permit the Lessor access to the Premises at all reasonable times, subject to the notice requirements of applicable law or ordinance, to inspect the Premises and/or to make any necessary repairs, maintenance or improvements or supply necessary or agreed upon services, or to determine Lessor's compliance with the provisions of this Lease. In the event of an emergency or where repairs in the building require access to Lessee's Premises, Lessor may enter without prior notice to Lessee, without the same being considered a forcible entry by Lessor. Lessee's failure to provide such access shall be a breach of this lease, and Lessor shall be entitled to terminate this lease in the event such access is denied by Lessee.

10. Sublet or Assignment

Lessee shall not sublet the Premises or any part thereof, nor assign this lease

11. Surrender Of Possession

The Lessee agrees to vacate the Premises by the end date specified in this lease agreement. Upon expiration or termination of this Lease, Lessee shall immediately vacate and surrender possession of the Premises in as good and clean order and condition as the Premises was at the beginning of the Lease Term, reasonable wear and tear excepted. Failure to vacate by the specified end date will result in immediate legal action to regain possession of the Premises. 

12. Penalties for Holding Over

If the Lessee remains in possession of the Premises or any part thereof after the termination of the lease by lapse of time or otherwise, the Lessor will initiate eviction proceedings without further notice. The Lessee will be responsible for all legal fees and costs incurred by the Lessor in the eviction process.

13. No Month-to-Month Tenancy

The Lessee acknowledges that this lease does not permit any transition to a month-to-month tenancy upon its expiration. Any acceptance of rent after the lease term does not constitute an extension or renewal of the lease.

14. Security Deposit Forfeiture

In the event that the Lessee fails to vacate the Premises as agreed, the entire security deposit will be forfeited to the Lessor, in addition to any damages or costs incurred due to the Lessee's failure to vacate.

15. Legal Action and Damages

The Lessor reserves the right to seek damages for any losses incurred due to the Lessee's failure to vacate, including but not limited to lost rental income from prospective tenants and additional wear and tear on the Premises.

16. Forcible Detainer
    
    

If Lessee defaults in the performance of any of the covenants or agreements herein contained, Lessor or his agents, at Lessor's option, may terminate this Lease and, if abandoned or vacated, may re-enter the Premises. Non-performance of any of Lessee's obligations shall constitute a default and forfeiture of this lease, and Lessor's failure to take action on account of Lessee's default shall not constitute a waiver of said default.

17. Liability for Rent
    
    
    

Lessee shall continue paying rent and all other charges for the Premises to the end of the term of this lease, whether or not the Premises becomes vacant by reason of abandonment, breach of the lease by Lessee, wrongful termination by Lessee or if the Lessee has been evicted for breach of this lease, to the extent said obligation for rent has not been mitigated, abated or discharged, in whole or in part, by any law or ordinance. Notwithstanding any of the provisions contained in this section, the Lessor shall make a good faith effort to re-let the Premises (but not in priority to other vacancies) and if the Premises is re-let, Lessee shall be responsible for the balance of the rent, costs, advertising costs and attorney's fees in connection therewith.

18. Binding Effect

If Lessee shall violate any covenant or provision of this lease, Lessor shall have the right to terminate this lease or Lessee's right to possession pursuant to the lease upon appropriate legal notice to Lessee. If Lessee assigns this lease, whether with or without Lessor's permission as required herein, the covenants and conditions contained in the Lease shall nonetheless be binding on the assignee as if the assignee had signed the lease. Nothing contained in this paragraph shall preclude Lessor from commencing legal proceedings against any assignee of this lease who obtained possession from the party named as Lessee in this Lease without Lessor's written permission.

19. Attorney's Fees
    
    In the event of a lawsuit arising out of this tenancy, the prevailing party shall be entitled to recovery of such reasonable attorneys’ fees and costs actually incurred, including all costs of appeal and collection.

20. Continuous Occupancy
    
    

Lessee shall maintain continuous occupancy of the Premises, and not allow the same to remain vacant for any period in excess of three days without notifying the Lessor of such vacancy seven days in advance. 

21. Guests
    
    

Lessee shall not allow persons other than those authorized by the Lessor to occupy the Premises as guests during the term of the Lease for any reason.

22. Remedies Cumulative
    
    

Lessor's remedies contained in this Lease are cumulative and are in addition to, and not in lieu of, any other remedies granted to Lessor pursuant to this Lease or applicable State or Local Law or Ordinance.

23. Termination Due to Uninhabitable Conditions

In the event that the Premises become uninhabitable due to fire, hurricane, flooding, explosion, or any other disaster or unforeseen circumstance, either party may terminate this lease agreement immediately by providing written notice to the other party. The Lessee must vacate the Premises within a day from the date of the written notice. The Lessee will receive a prorated refund of the rent for the remaining days of the lease term that were prepaid, starting from the date the Premises became uninhabitable. No additional penalties or fees will be imposed on either party due to the termination of the lease under these circumstances. Both parties are released from any further obligations under this lease, except for any unpaid rent or damages that occurred prior to the Premises becoming uninhabitable. The Lessor will provide written notice to the Lessee as soon as reasonably possible if the Premises become uninhabitable. The notice will include the reason for termination, the effective date, and details regarding the prorated refund and vacating process.

24. Mechanic's Liens

Lessee shall not place or allow to be placed on the Premises, the building or elsewhere on the real property, any mechanic's lien or any other claim for lien for any repairs, maintenance, alterations or modi cations performed by, or ordered or contradicted by, the Lessee, whether or not same were rightfully performed or ordered by the Lessee. The placement of any such lien shall constitute a breach of this lease and upon ten days' notice to cure said lien or lien claim, Lessor may terminate Lessee's tenancy or right to possession. In addition, Lessor shall have the right to satisfy and remove said lien without regard to the merits thereof and Lessee shall be responsible for the damages incurred in removing the lien, along with other damages, costs and attorney's fees incurred by Lessor in connection therewith.

25. Rules and Regulations

Lessee agrees to obey the Rules and Regulations contained in this Lease, and any attachments hereto as well as any further reasonable Rules and Regulations established by the Lessor during the pendency of this lease. The Rules and Regulations are hereby incorporated into and made a part of this lease. Failure to observe the Rules and Regulations shall be deemed to be a material breach of this lease, and in event of such breach, Lessor shall be entitled to terminate Lessee's right to possession under the Lease upon ten days' notice, and shall further be entitled to such rights and remedies as provided by applicable state or local law or ordinance.

26. Severability

If any clause, phrase, provision or portion of this lease, or the application thereof to any person or circumstance, shall be determined to be an invalid or unenforceable under applicable law or ordinance, such event shall not a ect, impair or render invalid or unenforceable the remainder of this lease or any other clause, phrase, provision or portion hereof, nor shall it a ect the applicability of any clause, provision or portion thereof to other persons or circumstances, and the lease shall be interpreted in accordance with said ordinance.

27. Utilities

Unless otherwise agreed in writing, if the Premises is separately metered for utilities, Lessor shall pay the utility company or authorized metering agency directly for all applicable charges for gas, electricity, water and other utilities serving the Premises, including, if applicable, telephone, internet, and current used for electric heating, ventilation, air conditioning, hot water, etc., as such charges become due and payable.

28. Rental Payments Through Hospitable

The Lessee is required to pay rent online with Hospitable or other electronic means as per agreement with the Lessor.

29. Battery Operated Safety Devices
    
    
    

Lessee agrees to test, and maintain locks, doorbell cameras and carbon monoxide detectors at the Premises, and to replace any batteries when needed. Lessor warrants that any such safety devices are in proper working condition at the time Lessee takes possession. If any such safety device is defective, Lessee must notify Lessor in writing immediately. Lessee releases Lessor from any and all liability, loss, cost, damage, or expense arising from or relating to any failure, defect, or deficiency of any safety device. Lessor has no obligation to install any safety devices or systems at the Building, except as required by governing law.

30. Anti-Discrimination

The Premises is offered to Lessee in compliance with all federal, state, and local fair housing, equal opportunity, and anti-discrimination laws.

31. Personal Property

By signing this rental agreement, the tenant agrees that the landlord shall not be liable or responsible for storage or disposition of the tenant’s personal property.

32. Alterations & Improvements

Lessee shall not alter, add, improve, or paint any portion of the Premises. Lessee shall not install, remove, or replace any fixtures, equipment, or appliances. And last, Lessee may not modify any landscaping.

33. Modification

No modification, waiver, or amendment shall be made to this Lease, or any of its terms, without being written and signed by all parties.

34. Easement

Lessor retains an easement to display tasteful “For Sale,” “For Rent,” or similar signs in any Common Areas of the Premises, or on the exterior at any time within sixty days before the expiration of this Lease.

35. Heat and Hot Water

Lessor agrees to provide Lessee with heat, hot and cold water in sufficient quantities as may be required by law or ordinance during the term of the lease. If the Premises contains separate heating and/or hot water fixtures, then Lessor's sole obligation shall be to provide Lessee such fixtures in good operating condition at the commencement of the lease, and Lessee shall be responsible for the utility costs for the operation thereof.

36. Governing Law

This lease shall be governed by and construed under the laws of the state in which the property is located, without regard for the choice-of-law principles of that state. If the property is located in Florida, the laws of the State of Florida shall apply. If the property is located in New York, the laws of the State of New York shall apply.

37. Smoking Prohibition

The dwelling to be occupied by Lessee and members of Lessee's household has been designated as a smoke free living environment. Lessee and members of Lessee's household shall not smoke anywhere in the dwelling, or in the building in which the dwelling is a part, or in any of the common areas or adjoining grounds of such building, nor shall Lessee permit any guests or visitors under the control of Lessee to do so.

38. Confidentiality

Lessee hereby agrees to maintain the utmost confidentiality regarding the terms, conditions, and the very existence of this lease agreement. This confidentiality obligation includes, but is not limited to, all financial details, the agreement's existence, and any proprietary information disclosed or acquired as a result of this lease. The Lessee acknowledges and agrees that any breach of this confidentiality obligation will result in severe consequences, including, but not limited to, the forfeiture of the security deposit previously made to the Lessor as outlined above. Furthermore, the Lessor reserves the right to pursue additional measures, including legal action and seeking damages, to safeguard the confidentiality of the lease agreement. This clause is enacted to protect the interests of both parties and to ensure that the privacy and confidentiality of the lease agreement are preserved. The Lessee must obtain written permission from the Lessor for any exception to this confidentiality obligation. This clause shall survive the termination or expiry of this lease agreement, binding the Lessee to confidentiality perpetually thereafter.

 § Rules and Regulations

This is not a comprehensive list of rules and regulations. The Rules and Regulations below are in addition to any Rules and Regulations listed in the house manual, and the Building, Complex, Neighborhood and City Rules and Regulations where relevant.

1. No additional locks or other similar devices shall be attached to any door.

2. No smoking in the apartment or building.

3. Only the Lessee's party as approved by the Lessor is allowed in the property. Guests are NOT allowed except with the Lessor's prior consent. Violations of this rule are grounds for termination of your tenancy.

4. Parties and large gatherings are not allowed. For gatherings of up to 8 people please contact the Lessor to obtain written permission at least seven days in advance. 

5. Firearms are NOT allowed on premises under any circumstances. 

6. Lessee may not add or replace any furniture or decoration without written permission from the Lessor. 

7. Lessee shall not install or operate any machinery, refrigeration or heating devices or use or permit onto the Premises any flammable fluids or materials which may be hazardous to life or property.

8. Lessee may only operate the grill or other cooking equipment in the designated area. 

9. Lessee shall not dispose of trash, paper, or other items which might clog toilets or sink drains into toilets or sink drains.

10. Lessee shall not place any signs or advertisements on the windows or within the property or otherwise upon the Building, if such signs are visible from the street.

11. Lessee shall dispose of garbage by securely bagging and disposing of it in designated garbage containers or incinerators. Lessee shall not allow garbage containers to overflow and shall see to it that garbage container lids are fully closed and secure at all times.

12. Lessee shall not interfere in any manner with the heating or lighting or other fixtures in the building nor run extension cords or electrical appliances in violation of the Building Code.

13. Lessor may bar individuals from the building and/or Lessee's Premises. All guests and invitees of Lessee shall observe all rules and regulations of the building. If these provisions are violated by guests, they may be barred and/or arrested for criminal trespass, after they have received a barred notice and then have been placed on a barred list by the Lessor. Violation of this rule are grounds for termination of your tenancy.

14. Lessor will repair any appliance malfunction; however, Lessor is not responsible for loss resulting from a malfunction of an appliance. Lessee understands that appliances will malfunction occasionally and Lessee must make every effort to report any malfunction.

15. If Lessee is locked out, Lessor will facilitate re-entry only during business hours at a minimal fee. If Lessee is locked-out during the weekend or at nighttime, it will be the Lessee's responsibility to contact a locksmith. Any cost incurred because of lockouts shall be borne by the Lessee.

16. Lessor provides no storage.

17. Lessee agrees to clean any lint filters and to keep the laundry area free of debris. Lessor shall not be liable for any personal injury or property damage arising from or relating to Lessee's use of any laundry facilities made available under this Lease.

18. The dwelling to be occupied by Lessee and members of Lessee's party have been designated as a smoke-free living environment. Lessee and members of Lessee's household shall not smoke anywhere in the dwelling, or in the building in which the dwelling is a part, or in any of the common areas or adjoining grounds of such building, nor shall Tenant permit any guests or visitors under the control of Tenant to do so.

19. Lessee shall not place anything on the outside of the Property or in any window or on any window sill of the premises and shall place no sign or other advertising material at any place in the Property, including the doors of any premises.

20. No dogs, cats, or other animals shall be kept in the premises except with the Lessor's prior consent, and subject to the conditions set forth in any such consent. No animals are permitted without a leash in any public areas of the premises.

21. Lessee acknowledges that lessee has read the Rules and Regulations and agrees to be bound by them.
    
    
    
    

§ Disclosures

DISCLOSURE OF INFORMATION ON LEAD-BASED

PAINT AND/OR LEAD-BASED PAINT HAZARDS

Lead Warning Statement

This lead paint disclosure is incorporated into and made part of the Lease executed by the Landlord and the Tenant referring to and incorporating the Leased Premises.

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or leadbased paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Lessor's Disclosure

1. Presence of lead-based paint and/or lead-based paint hazards:

   • Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

2. Records and reports available to the lessor:

   • Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

DISCLOSURE OF INFORMATION ON RADON HAZARDS

Radon Warning Statement

This radon warning disclosure is incorporated into and made part of the Lease executed by the Landlord and the Tenant referring to and incorporating the Leased Premises.

Every tenant interested in leasing residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class-A human carcinogen, is the leading cause of lung cancer in non-smokers and the second leading cause overall. The landlord leasing the property has agreed to provide the tenant with any information on radon test results of the dwelling showing elevated levels of radon in the owner's possession.

Lessor's Disclosure

1. Landlord has no knowledge of elevated radon concentrations in the dwelling.

2. Landlord has no records or reports pertaining to elevated radon concentrations with the dwelling.