Example Lease

We can email you your lease, however, leases are require to be completed in person with proper identification.   We require that you or a representative visit the house or apartment before renting to make a final decision.  Keys and paperwork completion must be done during regular business hours 9 to 5 Monday through Saturday, by appointment on Sunday's.   We are not available after 10 pm and before 9 am.

Leases begin on the 1st of the month.  Unless otherwise negotiated all leases are for one year self renewable for another year.  If you move in between the 1st and the 5th, you will pay for the entire month that month.  If you move in after the 6th or after, your lease will still begin on the first, however, we will prorate your first months rent for the number of days you have possession of keys.

 

Residential Lease

BayBerry Properties LLC

Property Address:___________________________________________

Summary:

§  Rent is due on the 1st of every month, in full, no exceptions, grace until the 5th, late fees apply for every day late after that, for any portion unpaid. 

§  No Pets, unless agreed here in writing, pets require and additional deposit and may require additional monthly rent as well.  Pet Terms:_______________________________________

__________________________________________________________________________

§  No Waterbeds or used furniture of any kind is allowed to be brought onto or into the property.   We are not responsible and will not treat for bedbugs, fleas, mites or any other insect that you, your guests, pets or by any  other method  maybe brought into and infest your apartment, that treatment is your responsibility which you will arrange and pay for as soon as any such infestation is discovered.

§  No Cigar, Pipe or other smoking allowed in multi-family apartment buildings, only standard cigarettes are allowed in your apartment in multi-family apartment buildings.  No smoking allowed in common areas of multi-family buildings (porches, hallways, basements, etc.)  Don’t throw cigarette butts in the yards of any property, all butt’s must be picked up and disposed of properly.  Cigar, pipe and cigarette smoking is allowed in single-family homes as long as it’s kept clean.

§  No grilling anywhere on porches or decks, for fire safety grilling allowed in the yard only.

§  Lease is for ____ adults ___ children.

§  Tenant is responsible for all utilities.

§  Appliances provided include:  ____________________________________ provided appliances must be treated properly and kept spotlessly clean.  Tenants will be held responsible for damage to provided appliances.  Any other appliances are the tenant’s responsibility.

§  You must provide the landlord a contact phone number _____-_______.

§  No personal items, belongings, signs, materials of any kind are allowed in the common areas of the building or yard. 

§  Renters insurance is recommended to cover yourself and your property Bayberry Properties LLC does not insure your property or yourself or guests for personal liability or injury.

§  Smoking is not allowed in the hallways and basement of the premises.  Please do not throw cigarette butts on the porches, on the yard, sidewalk, or street around the building.

§  Please notify landlord of any problems, leaks, etc. as soon as they are discovered so that they can be repaired.

§  Grease, Toys, Personal hygiene, baby diapers/wipes and feminine hygiene products must not be flushed down the toilet; any costs incurred to unclog a stoppage caused by any item will be your responsibility.

§  Vacuum your carpets at least once weekly, have them professionally cleaned at least once every six months.  Proof of profession cleaning will be required.

§  Landlord’s Address:  506 North Fourth Street., Steubenville OH 43952, 740-632-2899

§  Review House Rules hereby incorporated into this lease for further rights and obligations.

§  If applicable see your HUD HAP Contract addendum.  You are responsible for your full rent if HUD stops whatever portion they pay, you are always responsible for any difference between the portion HUD pays and the full rental amount.

 

     This lease is entered into by and between Bayberry Properties, LLC  Scott M. Dressel Manager (hereinafter "Landlord"), and ________________________________________, (hereinafter "Tenant"), on the date set forth on the signature page below. Landlord hereby leases to Tenant, and Tenant leases from Landlord, those premises commonly referred to as the above noted address (hereinafter "Premises").

   Term

     This lease shall commence on ______________________________, and shall continue for a term of ____________________________,  (hereinafter "Term"), unless terminated at an earlier date in accordance with the provisions of this lease dealing with default.  After this initial term, this lease is self-renewable for an additional term of the same length, with any changes to be renegotiated at least 31 days (meaning one full calendar month) prior to the expiration of the current lease term.

 

Continuation of this lease is up to the new owner if this property is sold during the lease term.

 

                                            Rent

 

RENT IS DUE ON THE FIRST OF EVERY MONTH. 

 

     Tenant agrees to pay Landlord rent for the use and occupancy of the Premises in the amount of $____________________  per month.   Rental payments are due and payable in advance on or before the first day of each month. This rent shall be mailed (cashiers checks or money orders only do not mail cash) to Bayberry Properties LLC, 506 North Fourth Street, Steubenville OH, 43952, 740-632-2899, in a timely fashion to ensure receipt thereof on or before the due date.   Cash payment can be delivered in person if prior arrangement is made with the landlord.   If rent is not paid in full by the 5th of the month, there will be a $10 charge on the 6th and a $2 per day late charge for every day that any amount remains late after the 6th.  Eviction proceedings may start on or before the 6th for any portion of your rent in arrears.

 

                                       Security Deposit

 

Upon execution of this lease, and in addition to the first month's rent as set forth above, Tenant shall pay Landlord a security deposit in the amount of  $__________________ no additional tenants allowed to be added to the rental unit without prior agreement from the landlord, for any reason.  Landlord will hold this security deposit for the fulfillment of Tenant's obligations under this lease, including and for late payment fees, the cleaning and repairing of the Premises, payment of unpaid water bill created by the tenants tenancy or brought to the property bill, if necessary, after Tenant vacates the Premises. Landlord will return the full amount of the security deposit to Tenant within four weeks after Tenant has vacated the Premises, minus any amounts that are reasonably necessary to rectify any defaults in the payment of rent, to repair damages to the Premises caused by Tenant, other than ordinary wear and tear, and to clean the Premises if required. Upon returning the security deposit to Tenant, Landlord will provide Tenant with an itemized written statement detailing the full amount of the security deposit received, the charges made by Landlord against the security deposit, and the disposition made or to be made of the security deposit. Tenant must provide a forwarding address with their 30 day notice in order to receive any remaining balance from the security deposit.  Notice must be in writing and at least 1 full calendar month prior to the departure date. 

 

Please note that if you violate this lease in any way or create excessive damages or cleaning requirements you may not receive your deposit back when you leave.  If you want your full deposit back make sure you leave the rental unit in move in ready condition as good or better than when you moved in, and provide proof of professional carpet cleaning that took place on or after the day you moved out.

 

If any portion of the deposit is used to cover any damage or fees during your tenancy the deposit must be brought back to full balance by the 1st of the next month.

 

                                           Utilities

 

Tenant will be responsible for their own utilities and their share of any common area utilities.  Room Air-conditioners if installed, must be approved by the landlord and be plugged into approved outlets only, and be no larger than 8 AMPs.  Trash must be placed in the appropriate place as required by the City, Please remove trash from your at least apartment at least weekly.

 

                                       Occupancy of Premises

 

     No persons other than Tenants signing this lease are to move into the Premises.  If you want to add a person to your lease contact the landlord in advance.  Any violation of this provision shall constitute a material default under this Lease.  Overnight guests are not allowed without prior approval.

 

                                            Pets

 

     Tenant shall not keep any pet, nor permit any pet to be kept on the Premises.

 

                                    Use of Leased Premises

 

     Tenant agrees that the Premises are to be used exclusively as the living quarters of Tenant and shall not be used for any other purpose, including, but not limited to, any business that would bring people to the building. Tenant shall not do or permit anything to be done on the leased premises that will in anyway interfere with the rights of other tenants, occupants, or neighbors, or to injure or annoy such persons. Tenant shall not use, nor allow the Premises to be used, for any improper, unlawful, or objectionable purpose. Additionally, Tenant shall not cause, maintain, or permit any nuisance in, on, or about the Premises, or commit any waste in or on the Premises. Furthermore, Tenant shall not put the Premises to any use that violates any local zoning ordinance or any other law applicable to the Premises.   Butchering or storage of wild game in not allowed anywhere on the premises.

 

                                     Rules and Regulations

 

     Tenant and any guests of Tenant shall obey all of the laws of the State of Ohio, as well as all local laws, at all times while they are on the Premises.  Tenants shall respect the rights of other tenants and neighbors for quiet and cleanliness.  Quiet hours will be followed between 11 p.m. and 8 a.m., 7 days a week.  No personal property of tenant will be stored in the common areas of the building or property, all personal property must be stored within tenants house/apartment, or storage locker.  Any other storage arrangement will require prior approval from landlord.

 

                                     Condition of Premises & Inspections

 

     Both Landlord and Tenant have rights and responsibilities with respect to the condition of the Premises. These rights and responsibilities include the following:

      A random or announced inspection may be done at any time, including the use of drug sniffing dogs, the landlord reserves the right to invite the police or housing inspector to join any inspection.   Tenant does not need to be present for an inspection to take place.  Tenant will have three days to correct the problem to correct any lease, house rule or legal law violations.

     The Landlord will, put and maintain the Premises in a safe, habitable and sanitary condition and shall comply with all laws, ordinances and regulations pertaining to the condition of Premises. Tenant shall remedy, at Tenant's expense, any and all damage or deterioration to the Premises caused by Tenant's acts, whether intentional or through lack of ordinary care. Tenant shall keep the Premises, including bathroom, kitchen, living room, bedrooms, hallways, stairways, basements, garages, or any other areas in a clean condition at all times to avoid the attraction of pests and insects.  All areas and surfaces will be thoroughly cleaned when moving out including using a professional carpet cleaning service any cleaning not completed will be done by the landlord at the tenants expense and any expense in excess of the security deposit will be billed to the tenant and the tenant hereby agrees to pay that bill.

     Tenant acknowledges that Tenant has inspected the Premises and agrees that the Premises are in satisfactory condition, except as indicated by Tenant on this lease or any other document provided to landlord prior to move in, if any, attached hereto and incorporated by reference. Additionally, Tenant has inspected any supplied appliances on the Premises, and has found same to be in satisfactory condition and good working order.  The Premises are rented unfurnished with the exception of any appliances noted on the first page, which will remain property of the Landlord and must be kept in clean undamaged condition by the tenant.   The tenant will alert the landlord of any appliance or structural problems in the apartment.  Smoke and carbon-monoxide detectors will not be disabled and tenant will be responsible to have the batteries changed at least annually, the supplied fire extinguisher must be replaced by the tenant if used.

 

                                Alterations and Repairs by Tenant

 

     Tenant shall make no alterations of any kind to the Premises without first obtaining the prior written consent of Landlord. Any alterations made to the Premises by Tenant after such consent is obtained, and any fixtures installed as a part of that alteration, will at Landlord's option become the Landlord's property on the expiration or the earlier termination of this lease; provided, however, that Landlord shall have the right to require Tenant to remove any such fixtures at Tenant's cost on termination of this lease.  The tenant will not be paid for any cost or labor that is part of any approved tenant alteration and tenant will not expect any payment of any kind improvements cannot be offset against the monthly rental payment or security deposit.

 

 

 

                                       Entry by Landlord

 

     During your tenancy, landlord and employees of landlord may enter the Premises under the following circumstances: in case of emergency; to make necessary or agreed upon repairs, alterations, or improvements; supply necessary or agreed upon services; show the Premises to prospective or actual purchasers, mortgagees, prospective tenants, workers, or contractors; in the event that Tenant abandons or surrenders the Premises; or pursuant to Court order; immediate entry allowed if use of a drug sniffing dog at the doors indicates that drugs are present and the police will be allowed to enter after the door is opened by the landlord.   See also the inspection paragraph above and entry allowed for inspections announced or random.  Landlord will provide Tenant with at least 24 hour notice, by phone or in writing, of Landlord's intent to enter except in case of an emergency or random inspection or in the event that Tenant has abandoned or surrendered the Premises.  Each unit will be subject to a monthly inspection for cleanliness, rule violation, legal violation and damages as noted above.

 

     Further, Landlord will enter only during normal business hours unless an emergency exists, illegal activity is suspected, or Tenant has surrendered or abandoned the premises, or Tenant consents to the entry.

 

                                       Locks and Keys

 

     Tenant may not change or add any lock to the Premises, including basement storage lockers, or any part thereof, without obtaining Landlord's prior written consent, and, after changing any lock with such consent, must then provide Landlord with a key to the changed or added lock.   The landlord will provide one set of keys to the property, replacement keys are $5 each.  If you get locked out of your unit, you can call to be let in during normal business hours 8 am to 5 pm, one free per year, after that $5 per entry.  After hours entry at any time is charged at a rate of $20 and it is not guaranteed that you will reach the landlord to get in after hours. 

 

                                   Assignment and Subletting

 

     Tenant may not assign this Lease or sublet all or any portion of the leased premises.

 

                                       Default by Tenant

 

     Landlord and Tenant agree that every condition, covenant, and provision of this lease is material. A breach of any condition, covenant, or provision of this lease by Tenant will constitute a material breach. For any material breach by Tenant, Landlord may provide Tenant with a written 30 day notice for a material breach other than rental payment, three-day notice for failure to pay rent or failure to leave after the 30 day notice for other breaches,  notices will describes the breach and demands that Tenant cure the default. If Tenant does not cure the default within the time allowed, or if a cure is not possible, this Lease will be terminated.

 

     In the event of breach by Tenant, Landlord reserves all rights and remedies conferred under the laws of the State of Ohio, including the right to terminate the lease, the right to immediate possession of the premises, and the right to all damages. Additionally, the parties agree that the following provisions apply to a breach of this lease by Tenant:

 

     If Tenant breaches this lease and abandons the property before the end of the term, or if Landlord terminates Tenant's right to possession because of Tenant's breach of this lease, Landlord may recover from Tenant:

     (1) The worth at the time of award of the unpaid rent that had been earned at the time of termination;

     (2) The worth at the time of the award of the amount by which the unpaid rent that would have been earned after termination until the time of award exceeds the amount of the rental loss that Tenant proves could have been reasonably avoided;

     (3) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the rental loss for the period that Tenant proves could be reasonably avoided; and

     (4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this lease, or that in the ordinary course of things would be likely to result from that failure.

     (5) All legal fees incurred for the eviction action and the cost of recovering any rent, damage payment or legal fees.

 

 

 

                         Name and Address of Manager or Contact Person

 

     All payment of rent, delivery of notices, repair requests, demands, complaints, and other contact from Tenant to Landlord shall be directed to as follows:

 

     By mail or in person, and by check payable, (cash is only acceptable when delivered in person) to Scott M. Dressel, Bayberry Properties LLC, at 506 North Fourth Street, Steubenville OH 43952, and by telephone at 740-632-2899.

 

                                           Notices

 

     Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to be served on or given to either party to this lease by the other party shall be in writing and shall be deemed to be served when personally delivered to the party to whom the notice is directed or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Tenant at the address of the Premises as set forth in the first paragraph of this lease, or to Landlord at the address provided in the paragraph above.

 

                                           Waiver

 

     If the Landlord waives any breach by Tenant of any provisions of this lease, such waiver shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant of that same provision, or of any other provision, of the lease. Landlord's acceptance of rent following a breach by Tenant of any provision of this lease will not be deemed to be a waiver of Landlord's right to enforce any provision of this lease.

 

                                       Attorney's Fees

 

     If any legal action or proceeding arising out of, or relating to, this lease is brought by either Tenant or Landlord, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party.

 

                                Binding on Heirs and Successors

 

     This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Landlord and Tenant. Nothing in this section shall be construed as a consent by Landlord to any assignment of this Lease or any interest in it by Tenant.

 

                                       Time of Essence

 

     Time is of the essence in this lease.

 

                                       Sole Agreement

 

     This document, meaning the official office copy of it, including the application and any attachments incorporated by reference herein (house rules and HUD contracts), constitutes the entire and sole agreement between Landlord and Tenant respecting the leased Premises, the leasing of the leased Premises to Tenant, and the lease term created under this Lease, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date. Any agreements or representations respecting the leased premises or their leasing by Landlord to Tenant not expressly set forth in this lease agreement are null and void.  The tenant copy is provided as a courtesy only so any discrepancies are to be settled by what is in the office copy held in the companies office.

 

     Executed ____________________, in the City of Steubenville, County of Jefferson, and State of Ohio.

 

______________________________________       ______________________________________

 

______________________________________       ______________________________________

Landlord                                                                               Tenant(s)

 

 

 

 

Bayberry Properties LLC

House Rules Lease Addendum

 

 

In consideration of the execution or renewal of a Lease of the dwelling unit identified in the Lease, Landlord and tenant agree as follows, and which from time to time may be amended or changed as needed:

 Illegal Drugs, Illegal Activity, Acts of Violence

 

Residents, any member of households, or guests or other person under, or not under, the Resident’s control shall not engage in the illegal use of a controlled substance, or be convicted of the illegal manufacture or distribution of a controlled substance, or convicted for the illegal use of a controlled substance, and shall not engage in illegal acts, acts of violence or threats of violence including the unlawful discharge of firearms, on or near the property.  Violation of these provisions shall be a material violation of the lease and good cause for termination of the tenancy.

Rent:

                Your rent consists of several items:

q  Your Monthly dollar rental payment,

q  Your Weekly Lawn and Yard Maintenance, snow removal, and

q  Your Weekly Cleaning and Keeping Clean of the House and any out buildings, this includes having your carpets professionally cleaned at least every six months and providing a copy of that receipt to Bayberry Properties.

q  Monthly Proof Of Water Bill Payment Required, please include your choice of the following options with your rental payment:

1.     Copy of or actual most recent water bill showing that it’s paid up to date.

2.     Copy of or actual receipt from the water department showing that you water bill is paid and up to date.

3.     Bring your water bill or receipt with you when you make your rental payment in person (or I pick up the rent) and show me that it is paid and up to date, no copy is required if you show me in person.

q  Copies will be placed in your tenant file if you should ever need to reference them I will have them.

q  You can also contact the City and ask if they can send me a duplicate copy if you would rather have them do that, I’m not sure if they can, but you can ask.

q  This is not optional Keeping your bills up to date is already a requirement of all Bayberry leases.

q  Missing or not completing any of these items is a breach of your lease contract and grounds for eviction.

 

Failure to Pay Rent

If the tenant fails to pay rent as provided for in the lease a three day written Notice to Vacate will be issued to the tenant as provided by the Ohio Tenant and Landlord Act.  There is a $50 charge for returned checks, plus any fees incurred by Bayberry Properties.

 

Bayberry Properties is not a public assistance service.  If you are going to have trouble paying your rent please contact a public assistance service for help to make sure your rent is paid on time.

 

Here are a few of them:

·         Jefferson County Community Action Council

·         Red Cross

·         Jefferson Metropolitan Housing Authority Section 8 Office

·         Ohio Health and Human Services

 

Failure to Pay & Maintain Utilities

If the tenant fails to pay for and maintain ongoing operations of utilities that they are responsible for as provided for in the lease a three day written Notice to Vacate will be issued to the tenant as provided by the Ohio Tenant and Landlord Act.  There is a $50 charge for returned checks, plus any fees incurred by Bayberry Properties.

Signature of Agreement:_______________________

 
 


Yard Maintenance

If yard maintenance is your responsibility as part of your lease agreement you must maintain the yard in the following manner to assure a neat and clean appearance of the property at all times, in compliance with your lease and city code. 

If yard maintenance is included with your rent you still need to keep all trash picked up from your yard, sidewalk, curb and gutter at all times, and snow shoveled from sidewalks, steps and parking areas in the winter.

If you are required to do yard maintenance, please do the following, please note that snow removal is your responsibility even if the yard maintenance is not:

 

            Weekly:

·         Pick up all trash in the yard, sidewalk, curb and gutter area of the property so that it looks neat and clean

·         Mow the grass

·         Trim with a weed eater around all edges, foundation of house/building, fences, trees and shrubs, and any other item that has grass/weeds growing along it, this includes the entire property both inside and outside any fences and any outbuildings, along alley ways, brick sidewalks and patios.

·         Trim Shrubs to maintain current size and shape at all times

As Needed:

·         Snow removal from all sidewalks and driveways

·         All leaves must be removed from the yard every fall and spring by raking and disposing of properly

 

 

General Rules

 

1.      All repair costs will be charged to your monthly amount due,

2.      Parking and Automobiles or other Vehicles.  No specific parking spaces are assigned.  Use of spaces, if available, is limited to the automobiles used by Tenants and their guests.  Storage of boats, trailers, campers, inoperable motor vehicles is prohibited without the prior written consent of the landlord. 

3.      Drapes:  all drapes must be white lined or sheers must be installed facing the outside, blinds must be either white or ivory to the outside.  No window covering can be used that is not white to the outside.

4.      No pets without written consent of the Landlord.

5.      Rules and regulations:  from time to time it may be necessary to change or modify these rules for living in this dwelling.  If this occurs, you agree to comply with these and the modified rules.

6.      Electric light bulbs:  You will supply all replacements during your tenancy.  All replacements must be of the exact same quality, volts, watts, etc.  All light bulbs and fuses must be left in working order when you leave tenancy.

7.      Smoke and Carbon monoxide Detectors, are provided with new batteries when you move into your dwelling, please test monthly and replace when needed this will be your responsibility during your tenancy.  All batteries must be in working order when you leave tenancy.

8.      Cleaning, Trash & Dusting, keep your apartment/home in a clean condition at all times.  Wash, wax and polish floors, vacuum carpets, wash countertops and clean bathrooms at least weekly.  Keep appliances clean after each use.  Only place dry dishes in cabinets to avoid damage and mold/mildew.  Keep trashed neatly in trash cans and bags, empty weekly to avoid attracting bugs and roaches.  Place trash in the appropriate spot for weekly pick up and make sure it is in bags.  We are not responsible and will not treat for bedbugs, fleas, mites or any other insect that you, your guests, pets or by any  other method  maybe brought into and infest your apartment, that treatment is your responsibility which you will arrange and pay for as soon as any such infestation is discovered.

9.      Nothing shall be thrown by anyone in your unit out of the windows or doors.  Nothing is to be place on window sills on the outside nor on balcony railings etc., nor on fire escapes, hallways, or porches.

10.  No signs, advertisements or other items shall be placed anywhere on the building or in your windows.

11.  Name plates can be place on your mail box, but no where else on the building.

12.  Small nails can be used to hang pictures, not exceeding 4 holes per room.  Please do not use adhesive hangers as they are difficult to remove and paint. 

13.  No waterbeds or any other furniture that could damage the building are allowed to be used in your unit.  Used upholstered furniture is not allowed to be purchased and placed anywhere in the building, this includes beds, bedding, blankets, towels, and clothing.

14.  Groceries, furniture and baby carriages, shall enter and exit the building through the appropriate doors, any damage caused by moving or carrying any items will be the tenants responsibility

15.  Cooking and baking can be done only in the kitchen and no where else in your unit.

16.  Water shall not be left running unattended at any time.  Any dripping or leaking water should be reported to the Landlord immediately.

17.  Toilets and other water apparatus shall not be used for any purpose other than that for which they were constructed, and no sweepings, rubbish, rags, paper, ashes, feminine hygiene products, diapers, baby wipes or other substances shall be thrown or disposed of therein.  Any damage resulting to toilets, sinks, etc., from misuse of any kind whatsoever, shall be paid by the tenant.  Toilet cleaners that are mounted or set in the tank are not allowed as they cause damage to the  flushing components of the toilet, you can use cleaners that are mounted in the bowl.  See #1 above.

18.  Any items in need of repair shall be reported to the Landlord as soon as they are noticed.  Any item damaged by tenant, including glass,  will be repaired at the tenants expense, see #1 above.

19.  Laundry shall be done in the proper areas as designated and if provided by the landlord, washers and dryers may NOT be installed in any other area.  No clothing may be hung to dry in any area where water will drip and damage flooring nor in any area that can be seen by the public, or outdoors.

20.  Children shall not be permitted to play in the hallways or basements.  Children do have access to yards and porches where available.  Reminder that toys and other items cannot be left or stored on front porches, yards, or hallways at any time.

21.  All common areas of larger complexes are fully available for everyone to use.  No tenant has claim to any particular portion of common areas.  Children and guests should respect the rights of other tenants while using the common areas, and keep in mind quite hours, and keep the area clean at all times.

22.  Do not let strangers into the building at any time. All tenants have their own keys and any personnel from the water department, gas, phone, cable or electric companies will have proper identification.  Keep all entry doors closed and locked at all times.  Your windows should be closed and locked when you leave the building for security purposes and to keep rain from damaging your apartment/house.  See #1 above.

23.  No rollerblading, skateboarding, or any type if yard games inside the house.  No ball throwing, Frisbees, etc., any damage caused by such activity will be the responsibility of the tenant to pay for.

 

Obligations of the Tenant and Landlord:

 

Obligations of the Tenant (Lessee)

 

All tenants who are a party to this rental agreement shall abide by all of the following obligations:

 

§ 5321.05. Obligations of tenant.

 

 

 

 

 

(A)  A tenant who is a party to a rental agreement shall do all of the following: 

 

 

 

 

 

 

 

(1) Keep that part of the premises that he occupies and uses safe and sanitary; 

 

 

 

 

 

 

 

(2) Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner; 

 

 

 

 

 

 

 

(3) Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits; 

 

 

 

 

 

 

 

(4) Use and operate all electrical and plumbing fixtures properly; 

 

 

 

 

 

 

 

(5) Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes; 

 

 

 

 

 

 

 

(6) Personally refrain and forbid any other person who is on the premises with his permission from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises; 

 

 

 

 

 

 

 

(7) Maintain in good working order and condition any range, refrigerator, washer, dryer, dishwasher, or other appliances supplied by the landlord and required to be maintained by the tenant under the terms and conditions of a written rental agreement; 

 

 

 

 

 

 

 

(8) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises; 

 

 

 

 

 

 

 

(9) Conduct himself, and require persons in his household and persons on the premises with his consent to conduct themselves, in connection with the premises so as not to violate the prohibitions contained in Chapters 2925. and 3719. of the Revised Code, or in municipal ordinances that are substantially similar to any section in either of those chapters, which relate to controlled substances. 

 

 

 

 

 

 

 

(B)  The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels that are too large for the tenant's mail facilities, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. 

 

 

 

 

 

 

 

(C) (1)  If the tenant violates any provision of this section, other than division (A)(9) of this section, the landlord may recover any actual damages that result from the violation together with reasonable attorney's fees. This remedy is in addition to any right of the landlord to terminate the rental agreement, to maintain an action for the possession of the premises, or to obtain injunctive relief to compel access under division (B) of this section. 

 

 

 

 

 

 

 

(2) If the tenant violates division (A)(9) of this section and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in that division, then the landlord promptly shall give the notice required by division (C) of section 5321.17 of the Revised Code. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall comply with division (A)(9) of section 5321.04 of the Revised Code. For purposes of this division, actual knowledge or reasonable cause to believe as described in this division shall be determined in accordance with division (A)(6)(a)(i) of section 1923.02 of the Revised Code. 

 

 

1.      Not to assign this Lease, sublet the dwelling, transfer possession of the unit to accommodate boarders or lodgers and/or not to admit other members to this household without prior approval of the Landlord.

2.      Not store any household items outside the unit; nor install outside antennas, nor to keep any gasoline or dangerously flammable materials in the dwelling, nor park non-operating vehicles (including improperly licensed and broken vehicles including those with flat tires)in the parking lot, driveway or on the street near the residence.

3.      Not apply weather stripping, plastic, or any other materials to windows, doors, etc.If you have an air leak or missing weather stripping, contact the landlord, and avoid damaging your unit.

4.      Notify the Landlord of any absence over 2 days and agree to allow no one to stay in the unit while absent, without knowledge and consent of the landlord.

 

Obligations of the Landlord (Lessor)

 

The Landlord who is a party to this rental agreement agrees to the following provisions, within the terms of the lease:

 

§ 5321.04. Obligations of landlord.

 

 

 

 

 

(A)  A landlord who is a party to a rental agreement shall do all of the following: 

 

 

 

 

 

 

 

(1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; 

 

 

 

 

 

 

 

(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; 

 

 

 

 

 

 

 

(3) Keep all common areas of the premises in a safe and sanitary condition; 

 

 

 

 

 

 

 

(4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by him; 

 

 

 

 

 

 

 

(5) When he is a party to any rental agreements that cover four or more dwelling units in the same structure, provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of a dwelling unit, and arrange for their removal; 

 

 

 

 

 

 

 

(6) Supply running water, reasonable amounts of hot water and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection; 

 

 

 

 

 

 

 

(7) Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code; 

 

 

 

 

 

 

 

(8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary. 

 

 

 

 

 

 

 

(9) Promptly commence an action under Chapter 1923. of the Revised Code, after complying with division (C) of section 5321.17 of the Revised Code, to remove a tenant from particular residential premises, if the tenant fails to vacate the premises within three days after the giving of the notice required by that division and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in that division. Such actual knowledge or reasonable cause to believe shall be determined in accordance with that division. 

 

 

 

 

 

 

 

(B)  If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement. 

 

 

 

Drug Free Housing

 

1.      Resident/Participant/Tenant any member of the Resident’s household, or a guest or other person under the Resident’s control shall not engage in criminal activity, including drug-related criminal activity, on or near the property.  “Drug-related criminal activity” means the illegal manufacture, sale, distribution, use or possession with the intent to manufacture, sell, distribute, use of a controlled substance (as defined in section 102 of the Controlled Substance Act (21 USC 802) and any other law pertaining to same.

2.      Resident/Participant, any member of the Resident’s household, or a guest or other person under the Resident’s control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the property.

3.      Resident/Participant, or members of the household will not permit the dwelling unit to be used for, or to facilitate, criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.

4.      Resident/Participant or members of the household will not engage in the manufacture, sale or distribution of illegal drugs at any location, whether on or near the property or otherwise.

5.      Resident/Participant any member of the Resident’s household, or a guest or other person under the Resident’s control shall not engage in acts of violence or threats of violence, including, but not limited to the unlawful discharge of firearms, on or near the property.

6.      Violation of the these provisions shall be a material violation of the lease and good cause for termination of the tenancy.  A single violation of any of the provisions of this addendum or the Lease, shall be deemed a serious violation and a material noncompliance with the lease.  It is understood and agreed that a single violation shall be good cause for termination of the lease.  Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.

7.      In case of conflict between the provisions of this addendum and any other provisions of the lease, the most recent provision will govern.

 

Lead Warning Statement

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.

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

If you have any peeling paint please contact the landlord so that it may be corrected.

 

Estimated Cleaning and Damage Charges

 

The following cleaning and damage charges may apply during and at the end of your lease term for damage that was caused by you, anyone in your household, a guest or anyone else visiting your rental unit that are not repaired by you after discussion with the management.  These charges will also reduce the amount of your deposit and could result in an amount due when your tenancy ends according to your lease terms.  By taking care of your unit, cleaning on a weekly basis and when you are moving out you can avoid these charges:

 

·         Kitchen

·         Stove cleaning burners, rims, and under top                                                   $20.00

·         Stove cleaning inside oven, top, sides, bottom, racks                                                $40.00

·         Stove replacing drip pans                                                                                $40.00

·         Burner Replacement                                                                             $30 each

·         Stove Replacement                                                                                 $400.00

·         Dishwasher, cleaning                                                                                      $  5.00

·         Replacement                                                                                           $400.00

·         Refrigerator cleaning                                                                                      $25.00

·         Refrigerator replacing crispers/trays                                                               $50.00

·         Refrigerator replacing ice trays                                                                       $10.00

·         Replacement                                                                                           $500.00

·         Sink cleaning and removing stains                                                                  $10.00

·         Replacement                                                                                           $300.00

·         Floors cleaning & moping                                                                               $40.00

·         Floors replacement for cigarette burns, permanent staining                          $500.00

·         Countertops cleaning and removing stains                                                     $20.00

·         Countertops replacement if cigarette burned, or permanently damaged

From burns, stains, knife cuts, other damage                                               $200.00

 

·         Bath

·         Toilet Cleaned                                                                                           $10.00

·         Replacement                                                                                     $200.00

·         Medicine Cabinet Cleaned                                                                       $10.00

·         Replacement                                                                                      $200.00

·         Sink, Countertop Cleaned                                                                                    $10.00

·         Replacement                                                                                     $200.00

·         Floor cleaned                                                                                            $40.00

·         Replacement                                                                                     $500.00

·         Tub/Shower cleaned                                                                                 $20.00

·         Replacement                                                                                    $1000.00

·         Removal of stickers etc. on fixtures                                                         $50.00

·         Carpet

·         Vacuum entire carpeting                                                                               $100.00

·         Cleaning per room                                                                                           $50.00

·         Replacement per room due to tenant damage                                                          $800.00

·         Cigarette burns, tears, rips, holes, etc.

·         Mini Blinds per replacement                                                                                 $10.00

·         Walls

·         Hole per square foot repaired minimum charge                                              $50.00

·         Stain removal, washing, crayon, market, stickers, per room                        $100.00

·         Doors

·         Replacement per door                                                                                   $350.00

·         Replacing missing door stops each                                                                $ 10.00

·         Outside Storage Room, Patio, Yard, Trash Area

·         Clean up                                                                                                        $100.00

·         Repair as needed due to tenant damage                                                market price

·         Windows, Sills & Water Damage from Rain/Snow let in through open windows

·         Cleaning per window                                                                                    $5.00

·         Replacing Glass, all glass replacement is a tenant expense, per sq foot         $20.00

·         Wall, Floor/carpet/tile and Ceiling Repair                                             market price

·         Keys & Locks

·         New Entrance Lock                                                                                        $50.00

·         Replacement Keys, per set (1 inside door, one outside door)                                    $  5.00

·         Mailbox replacement                                                                                       $50.00

·         Water & Heating & Air Conditioning

·         Replacement of Hot Water heater                                                                $500.00

·         Replacement of furnace/boiler                                                                    $3000.00

·         Replacement of Central Air-Conditioner                                                   $3500.00

·         Replacement of Room Air Conditioner                                                        $500.00                        

                 

Cleaning and damage charges not limited to those or the amounts listed above, other charges will apply as appropriate for labor, materials and parts.

 

 

Automobile/Truck WASHING and REPAIRING in Any Way and CHANGING OIL is PROHIBITED

 

If your vehicle leaks oil or fluids, please either repair the problem or remove the vehicle from the property.  Cleaning up of leaked oil will be at the market rate for professional spill clean up and concrete/asphalt replacement at market price.

 

 

 

 

 

 

 

BayBerry Properties LLC Guest Registration Form

 

Per your Lease Agreement, Guests staying more than 14 days per year must be registered with the landlord:

 

Name

Social Security #

Date of Birth

 

 

 

Please Check One:

Completed by Tenant: ___

Completed by Guest:  ___

Sign: _____________________________________________________

 

 

BayBerry Properties LLC Guest Registration Form

 

Per your Lease Agreement, Guests staying more than 14 days per year must be registered with the landlord:

Name

Social Security #

Date of Birth

 

 

 

Please Check One:

Completed by Tenant: ___

Completed by Guest:  ___

Sign: _____________________________________________________

 

 

 

Example Inspection Memo:

 

I will be at your unit for an inspection at _______.  If everything is as it should be this should take 10 minutes.  You need to be here for this inspection.  

.

So you are prepared, here is what is expected:  The unit is as spotlessly clean from top to bottom.  This is to ensure that we don’t get bugs or roaches, and that all surfaces are maintained in move in condition.

Please Check the Boxes Below and Provide this to me when I arrive for your inspection, I will sign off on each item as inspection shows completion, items that don’t pass inspection will be given 3 days for completion and a follow up inspection on Tuesday, April 24th.

This means:

q  All walls and ceilings are clean no dirt, food, markings, drawings or damage, please check your kitchen walls especially around the stove, sink and trash can.  Bathroom walls for hair treatments, mildew etc.  Any nicks or scratches in the paint needs to be kept touched up, we provide paint.

q  floors are vacuumed, mopped and waxed as appropriate, you have to have a vacuum cleaner please have it there when we inspect.  All baseboards need to be dusted and washed as necessary

q  All carpets are clean, Please note that cleaning by a professional cleaner is your responsibility at least once a year, more often if you have heavy dirt build up.  Alexander the Great does a good job 283-3700.

q  Kitchen appliances are clean inside and out and under, stove, refrigerator, microwave, etc., whatever you have, have your stove and refrigerator pulled out away from the wall for the inspection before I get there please.

q  Kitchen cabinets are cleaned and dry inside and out, never put wet dishes in a cabinet, it will warp the wood and damage the finish.

q  Kitchen countertop is clean

q  All trash is bagged and outside, or in the garage, where it belongs

q  Basement if applicable is clean and nothing is stored within 4 feet of the furnace or hot water heater due to fire hazard.  No cardboard boxes are allowed in basements due to moisture they will hold and mold will form, and roaches love cardboard box glue.

q  If applicable, the garage must be completely free of anything other any your car and automotive stuff like oil.

q  All bedrooms are clean and free of trash

q  Bathroom is clean from top to bottom

q  If applicable, your front porch and back porch, steps, sidewalk and street gutter, are clean and swept free of trash

q  The area around your front and back steps are free of trash and cigarette butts, don’t let your guests throw cigarette butts in the yard, please dispose of them properly.

q  Yard work, if in your lease must be up to date.  Please make certain you don’t have any piles of leaves, sticks, trash etc., in your yard, bag up all waste and throw it in the trash.

 

 

 

Approved & Suggested Cleaners List

 

Mr. Clean Magic Erasers work really well to clean most surfaces, especially removing crayon and marker from walls, glass and cabinets.  They also clean soap scum off of showers and tubs. They are cheap and work with any cleaner or just water.  Just try the plain white ones the special ones are not necessary.

 

Walls & Ceilings,

Washed with sponge or rag, monthly and as needed for spots, spills and hand prints:

Painted Surfaces and painted trim, baseboard and doors:

·         Pinesol, Lysol or Greased Lightning.  Make sure to touch up all damaged paint monthly, we provide touch up paint, just ask..

Finished Wood Surfaces & Trim, baseboard and doors, washed with sponge or rag, monthly and as needed for spots, spills and hand prints :  Murphy’s Oil Soap is the only approved cleaner on hardwood finished surfaces, Lemon Pledge or Lemon Oil for polishing.

Floors:

·         Carpets, vacuumed daily and as needed for dirt and spills, sweeping with a broom is NOT sufficient as it does not remove any soil or dirt.  Professional cleaning or cleaning with steam and extraction machine is necessary every 6 months.  We recommend Alexander the Great, pre-treat your stains if any.

·         Vinyl, and ceramic tile: washed with sponge or rag, weekly and as needed for spots, spills as they occur:

·         Pinesol, Lysol, or Greased Lightning.  Wax with Mop and Glow or Holloway House Quick Shine

·         Composite vinyl tile (individual square tiles) needs to be waxed weekly with standard floor wax, strip with stripper every couple months to get really clean, and apply 3 coats of wax.

·         Wood Floors:  washed with sponge or rag, weekly and as needed for spots, spills as they occur:

·         Murphy’s Oil Soap is the only approved cleaner on hardwood finished surfaces

·         Lemon Pledge or Lemon Oil Floor Polish for polishing.

·         Holloway House Quick Shine can be used on wood floors that are sealed, check with me.

Bathroom fixtures:

·         Toilet bowl, cleaned weekly with cleaner like Lysol Toilet bowl cleaner and a toilet brush or rag, inside and out side the bowl down to the floor.  (In the tank cleaners are not allowed as they eat and destroy the rubber fittings, please don’t use them).

·         Showers and Tubs:  Cleaned weekly with Tilex Soap Scum and Tilex Mildew Cleaner, or other spray cleaner, make sure to rinse afterwards, do NOT use Comet or other abrasive cleaners on fiberglass tubs and showers as it will scrub off the finish and destroy the unit.  (Daily shower sprays are not allowed on fiberglass as they are acidic and will also eat through the unit).  Other approved cleaners for glass coated fiberglass shower/tub units are Spic N Span Powder, Top Job, Fantastic, Original Mr. Clean All Purpose Cleaner, Mr. Clean Magic Erasers and Glass Plus.

Kitchen Fixtures:

·         Stoves and Ovens:  Clean weekly and as spills occur, clean surface, elements, drip pans, and under elements and drip pans to remove all oil , grease and food, use Easy Off oven cleaner or other cleaner in oven to clean the oven at least monthly.  Make sure to clean under your stove.

·         Refrigerator:  Clean inside and out of refrigerator weekly and as spills occur, use a mild dish soap to clean with.  Make sure to clean under your refrigerator. 

·         Cabinets need to be cleaned and dried, do not put wet dishes in your cabinets, wipe all water off cabinets immediately, treat cabinets like fine furniture, use Murphy’s Oil Soap to clean.

Stairs:

·         See walls and floors above, take special care of hardwood spindles and trim if any.

Windows & Doors:

·         Windows need to be washed with Windex or other appropriate window cleaner.  If you smoke in your unit your windows need to be washed at least monthly on the inside.  Doors need to be cleaned as noted above in Walls and Ceilings.  Exterior entrance doors and storm doors need to be kept clean as well.

Special note on your furnace:

·         Don’t forget to change your furnace filter at least monthly, especially if you smoke in the unit.  A clean filter costs about 50 cents and is available at Lowe’s.  Get the measurements off the old one.  A clean furnace filter will cut your heating expenses by up to 10% and will increase your airflow.  It will also remove more dust from your air.  Call if you need assistance changing your filter.