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LEASE AGREEMENT
Amshrew Associates, owner of the premises at and known as
Brandywine Apartments, Brandywine Drive, Amherst, Massachusetts,
and managed by Snow Asset Management, 287 Hunting Ridge Road,
Stamford CT 06903, (203) 322-7170, and locally represented
by agent at 16G Brandywine Drive, Amherst, Massachusetts,
Ph. # 413-549-0600 (emergency maintenance Ph. # 413-549-6020),
hereby leases and demises to the undersigned Lessee(s) the
premises known as number____ Brandywine Drive, Amherst, Massachusetts,
upon the following terms and conditions:
1A.
TERM AND RENT: Commences upon payment and clearing of all checks
required for first month's rent and security deposit, if required,
and delivery of the premises on or after _____________________ and
ends at 12:00 o'clock noon on ______________________ for a term
of ________________. The total rent due is _____________________
plus any costs or payments required to be paid by Lessee under this
lease; payable in monthly installments of ______________ plus monthly
costs accrued which payments are due on the first day of each and
every month of said term. Costs or other payments required under
this lease are considered to be part of your rent. Payments made
to Lessor when costs or other payments required by this lease are
outstanding shall be accredited to those outstanding costs with
any remainder then accredited to the monthly installment amount
specified above. Any payment not received from a Lessee shall only
be accepted, if at all, on behalf of the Lessees and shall not constitute
any relationship or tenancy with said party. In the event any amount
payable by Lessee is not received by Lessor within thirty days of
the due date, then Lessor may assess a late fee in the amount of
5% of such late or defaulted payment. Lessor may assess an administrative
fee of $25 for any check returned to Lessor for insufficient funds.
1B.
JOINT AND SEVERAL LIABILITY: All obligations of the Lessees are
joint and several and may not be waived or apportioned except by
written assent of the Lessor. Lessor may recover any outstanding
rent, use and occupancy, damages or other monies owed as a result
of the tenancy from any one or all Lessees at Lessor's sole option.
2.
SECURITY DEPOSIT, LAST MONTH'S RENT AND GUARANTOR: The forms relating
to Security Deposit, if any, are attached hereto and incorporated
herein by reference. A guarantor form (co-signer form), if required,
is attached hereto and incorporated herein by reference. Security
Deposits and Last Month's Rent, when applicable and money remaining,
shall be returned to all Lessees in the form of one check made out
to all Lessees and tendered to Lessees designated agent. If Lessees
do not designate only one individual to receive the security deposit
return, Lessor may tender any such security deposit to any of the
Lessees at Lessor's sole discretion.
3.
INSPECTION, DAMAGE and REPAIRS: A separate written statement of
the condition of the premises has been issued to the Lessee(s) and
is incorporated herein by this reference. The Lessee(s) agree(s)
to be responsible for any damage caused to the premises by the Lessee(s)
or by any person under the control of the Lessee(s) or any person
on the premises with the consent of the Lessee(s), reasonable wear
and tear excluded. The Lessee(s) agree(s) to be responsible for
the maintenance of heat to prevent frozen pipes, which during the
heating season shall mean maintaining a minimum heat in the unit
of 50 F degrees, and any damage caused thereby. The Lessor shall
have the right to enter and inspect the premises and to make repairs
or necessary improvements and to show the premises to prospective
tenants or purchasers. The Lessor or its representative shall arrange
for access with the Lessee(s) in advance so as not to unreasonably
disturb the Lessee(s), however, Lessee(s) must make all reasonable
accommodations to allow Lessor to perform repairs and maintenance.
In emergencies and to effect urgent repairs, advance notice shall
not be required.
Lessor shall have the right to enter and show the premises to prospective
purchasers at any time during the lease term or to prospective tenants
during the last 90 days of the lease term or if Lessee(s) are in
default of any provision of this lease. Lessor or lessor's representative
shall give Lessee(s) reasonable notice prior to showing the premises;
24 hours notice shall be deemed reasonable notice unless Lessee(s)
assents to another reasonable time to show the leased premises within
that period. Failure of Lessee(s) to allow access for any of the
above stated reasons shall constitute fully and substantial grounds
to terminate the Lease upon (7) seven days notice.
In addition, Lessor shall be entitled to access upon twenty-four
(24) hours notice to Lessee to perform necessary or prophylactic
exterminations or maintenance.
4.
LESSEE OBLIGATIONS: The Lessee(s) jointly and severally agree(s):
A. To pay the rent on time, on or before the 1st day of the month,
and to use the premises as a residence and not a business in compliance
with all applicable laws and codes;
B. To maintain the premises and common areas in a clean, neat and
undamaged condition at all times, and to pay for damage caused to
the premises and its common areas within five (5) days of receipt
of the itemized statement of such damage and the cost to repair
it. Damages caused by Lessee(s), Lessee's family or their guests
to the premises or common areas may constitute sufficient grounds
to terminate the tenancy at the sole option of the Lessor;
C. To be liable for any loss or damage to personal property of the
Lessee(s) except if caused by Lessor's gross negligence; Lessee
shall carry adequate insurance to cover all losses or damage to
Lessee's personal property;
D. To keep the yard and common areas in a neat and safe condition,
and to furnish and pay for
tenant obligation: landlord obligation:
heat:____ ____
electricity____ ____
gas____ ____
water and sewer yes
telephone____ ____
and
to pay all costs associated with said tenant obligations; to place
garbage and refuse in containers and to prevent any unsanitary conditions
from arising on the premises; and to abide by all local and state
health, sanitary, recycling and refuse disposal regulations; Lessee
is to be responsible for all fines or damages to Lessor as a direct
result of Lessee's failure to abide by said regulations. Lessee's
failure after warning to conform to refuse collection or mandatory
recycling regulations of the town or state, upon second or subsequent
violation, shall constitute good and sufficient grounds to terminate
lease.
E. To give prompt notice to the Lessor of any maintenance or repairs
in writing or by telephone, and to notify the Lessor of an absence
of more than one (1) week during the heating season. Any damage
that is caused by Lessee(s)'s failure to timely notify Lessor shall
be an expense chargeable to Lessee(s) as delineated in paragraph
4 (b);
F. To make no alteration, painting application, addition, repair
or improvement in or to the premises without the prior written permission
of the Lessor and also to refrain from excessive use of nails and
to refrain from any use of tape to suspend or hang any decorative
or practical items;
G. To use all appliances and fixtures provided by the Lessor
in the proper manner and not to add or relocate any appliances
or equipment without the prior written permission of the Lessor
and to prohibit waterbeds, washing machines, air conditioners,
space heaters, burglar alarms , clothes dryer, television
antennas or aerials, shutters, or similar furnishings from
the premises without Lessor's prior written consent, which
may be granted or withheld at Lessor's sole and absolute discretion,
and to be obligated to notify Lessor of any problem with the
smoke detector (if provided), its maintenance, its condition,
and its operation during the period of this lease. If during
the term of this lease or any extension or any Tenancy-at-Will
that may exist after the term of this Lease, any of the above
items fails to operate or requires repairs or replacement,
Lessor, at Lessors sole and absolute discretion, may repair,
replace or not without any diminution of value or rent for
the premises;
H. To prohibit pets from the premises whether owned by the Lessee(s)
or guests or visitors - ANY animal on the premises may constitute
grounds for eviction of the Lessee(s) without additional notice;
all consequences of any animal on the premises shall be the responsibility
of the Lessee(s) including carpet cleaning and fumigation if required;
if infestation occurs, Lessee shall be responsible for costs of
cure and any loss of rent for unit or other units in building;
I. To expressly respect the rights and needs of other Tenants and
neighbors (including Lessor if Lessor is a neighbor) to the quiet
and peaceful enjoyment of their property, and not to create or allow
to be created by the Lessee(s), members of the Lessee's household,
relatives, guests, invitees or agents, any unlawful, noisy or offensive
use of the leased premises, nor to commit any disturbance or nuisance,
or to obstruct the free use or access of common areas or to threaten
or bother any other Tenant, neighbor, guest, maintenance worker
Lessor or management personnel. The receipt or observation by the
Lessor of a complaint regarding noisy or offensive conduct or other
violation of this provision during the term hereof shall constitute
sufficient grounds for eviction at the option of the Lessor;
J. Limit on Gatherings: No gatherings of over 12 people from
the unit or common areas are permitted; Lessor is not liable
for the conduct, actions, transportation to or from any party
or gathering, or damages by the Lessee's invitees, their guests,
whether invited or not to such gathering; Lessee(s) assumes
full and complete responsibility and liability for all damages
to the unit, to the Lessee, their invitees, or to guests,
whether specifically invited or not;
K. To prohibit the sale of alcoholic beverages, and to prohibit
the use of alcoholic beverages to visitors and guests not of legal
age or intoxicated, and to prohibit the use and sale of any narcotics
or other controlled substances in the unit, common areas or on the
premises by Lessee(s), Lessee's family or guests (whether specifically
invited or not).
Violations of this section shall immediate terminate the tenancy
pursuant to M.G.L.c 139 § 19 or any other similar state or
federal law. Any such violation shall terminate the Lessees right
to occupy without any notice to Lessee(s);
L. To prohibit kegs of beer from the units and all common areas,
including hallways; violation of this provision constitutes a full
and complete violation of this lease.
M. To conserve energy and costs shared by all, through reasonable
use of all facilities, common areas and utilities;
N. Storage Area: Property of the Lessee(s) may be placed in the
following storage area____________________, if available, entirely
and exclusively at Lessee's risk. No storage is allowed in any other
areas than those listed above, this includes attics, basements and
outside sheds or garages, if not specified; the storage area is
NOT included as part of the leased premises and is a convenience
offered when available. No occupancy or living in these areas is
permitted. Any property in the storage area after the Lessee's occupancy
terminates may be treated as abandoned property, removed and disposed
of at Lessee's expense; Lessor is not liable for any damage caused
to Lessee's property in storage areas, including but not limited
to, damage from water, moisture, dust, heat or sun.
O. Porches, halls, entryways, stairwells, stairways, attics, cellars
or other common areas are NOT storage areas unless so designated
in writing. Storage in these areas is not permitted. Personal property
placed in these areas may be disposed of at Lessor's option at Lessee's
expense;
P. To not trespass or enter upon roof(s) of Leased Premises, except
as means of egress in the event of fire or other similar emergency.
Any entry upon roof(s) by Lessee(s), Lessee's family or guests is
a violation of the lease and constitutes grounds for eviction;
R.
To remove all personal property at the termination of the Tenancy;
Personal property or furniture may only be left in the Leased Premises
for the next occupants with the prior written assent of Lessor,
and signed approval of both the present Lessee and subsequent occupant.
Any property left without such signed agreement shall be treated
as abandoned property, the removal of which shall be at Lessee's
expense.
Failure to observe any provisions of this Lease shall operate to
TERMINATE THE RIGHT TO OCCUPY UNDER THIS LEASE for breach thereof,
at the sole option and discretion of the Lessor (and any waiver
of any breach at any time shall not constitute a waiver of any subsequent
breach) and the Lessor is not required to give notice thereof to
the Lessee(s) except as required by law, and if law is not specific,
fourteen (14) days notice to Lessee(s) shall be deemed sufficient.
If
this lease is breached by the Lessee(s) and the Lessor elects to
terminate the Lessee(s) right to occupy the premises as a result
of said breach, not withstanding any entry or re-entry by landlord,
whether by summary proceeding, termination or otherwise, Lessee(s)
shall be liable for all rental obligations that accrue under this
lease if the premises remain vacant, or for the difference in the
rental charges in any new tenancy, until the end of this Lease term.
5.
LESSOR OBLIGATIONS: The Lessor agrees:
A. to maintain in good and safe working order the electrical, plumbing,
sanitary, heating, and other facilities and appliances supplied
by the Lessor;
B. To maintain and make all repairs within the premises;
C. To collect rents; and
D. To comply with all applicable local and state laws, codes and
rules.
6.
ASSIGNMENT and SUBLETTING: Only with prior written assent of the
Lessor, which assent may be granted or withheld at Lessor's sole
and absolute discretion, may the Lessee(s) assign or sublet the
premises during this lease. All assignees or sublessees must provide
all forms, information and meet all standards and requirements of
an acceptable Lessee applicant prior to acceptance or occupancy.
The Lessor shall not be required to release any Lessee during the
lease term and acceptance of any sublessee shall not release Lessee(s)
from their contractual obligations under this lease unless expressly
released by Lessor in writing. Lessor may recover actual costs of
up to one half of one month's rent for such assignment or subletting
from the Lessee(s). No person other than Lessee(s), or Lessee(s)'s
children, are permitted to reside on the premises, nor shall Lessee's
receive mail for or post the names of non-occupants on the mailbox.
Payment of rent by an occupant or stranger not a party to this Lease
Agreement shall not constitute either an acknowledgement of that
person as an occupant or Lessee. Any money so tendered is accepted
solely on behalf of the named Lessee(s). The Lessee designates all
occupants on the premises as the Agent in Fact of Lessee.
7. AUTOMOBILES: The Lessee(s) may park ______ lawfully registered,
inspected and operational passenger automobiles in the parking areas
which display an appropriate parking sticker, if applicable to said
property. Vehicles violating this or other posted parking rules
or other rules distributed to Lessees during the lease term or impeding
snow removal or access or parked on the grass , unless permission
to park on grass is given in writing by Lessor, may be towed at
the owner's expense without additional notice. No vehicles may be
repaired or stored on the premises. Parking spaces are not designated
to any specific Lessee or unit unless so designated in writing by
Lessor. Granting the right to park a vehicle does not warranty Lessee
a parking space. Parking spaces are on a first come first served
basis.
8.
RECISION: If the Lessor shall be unable to give Lessee(s) occupancy
of the premises at the commencement of the tenancy for any reason
or if damage by fire or other casualty renders the premises uninhabitable,
then this lease shall terminate at the election of either party
upon written notice. Lessor shall be under no obligation to make
available to Lessee any apartment other than the apartment specified
in this Lease Agreement.
9.
NOTICE: Notice to the Lessor shall be deemed given if mailed or
delivered to the above address. Notice to the Lessee(s) shall be
deemed given if mailed or delivered to the Lessee(s) or anyone authorized
to be at the address of the premises. All notices must be in writing.
Oral notices are not effective as notice.
10.
EVICTION AND COLLECTION: All eviction and collection proceedings
shall be in accordance with Massachusetts law. If this lease is
terminated for breach of terms or in the event of litigation, the
prevailing party may recover its costs and attorney's fees actually
incurred. The Lessor is deemed to be a prevailing party if the Lessor
initiates valid legal action for a breach of any Lease term, and
the Lessee(s) cures such breach prior to a Hearing and then fails
to appear for said Hearing or signs an Agreement that will be entered
as Judgment of the Court admitting liability for rent owed or a
violation of the lease. The Lessee(s) shall pay all costs associated
with the collection of rent over 30 days past due.
11.
RENEWAL: Lessee(s) shall indicate in writing, no less than 90 days
prior to the end of his lease term, of Lessee's wish to renew the
lease for an additional lease term. Lessee(s)' indication of Lessee's
desire to renew shall not bind Lessor to renew this lease. Upon
Lessee(s)' failure to sign a new lease as stated above, and/or Lessee
fails to vacate at the end of this lease term, then Lessee shall
be obligated to pay use and occupancy in an amount equal to the
amount for which Lessee(s) has received prior written notice, which
amount may be increased with additional notices. If no notice is
given prior to the end of the Lease term, then the amount shall
be $25 over the last proposed lease rent. Nothing in this provision
shall create a tenancy at will, nor obligate the Lessor to give
Lessee any additional notice to vacate as Lessee, upon holding over,
is solely a Tenant at Sufferance.
12. CHOICE OF FORUM (Jurisdiction): All disputes, claims or
other court actions concerning the Landlord/Tenant relationship,
including but not limited to claims under G.L.c. 111 §
127 et seq., G.L.c 186 § 11, 12, 14, 15B, 15F, 18, or
G.L.c. 239 § 1 et. seq., must be only brought in the
Northampton District Court, or Hampshire Superior Court, or
any Housing Court established for Hampshire County. The Lessee
specifically acknowledges that any claim involving the Landlord/Tenant
relationship or the Leased Premises is an action concerning
property located in Hampshire County. Venue of all such claims
must be heard in Hampshire County.
13.
WAIVER OF SUBROGATION: Each party waives any and every claim which
arises or may arise in its favor and against the other party hereto
to anyone claiming through or under them, by way of subrogating
or otherwise, during the term of this lease agreement and all loss
or damage to, any of its property (whether or not such loss or damage
is caused by fault or negligence of the other party or anyone form
whom said other party may be responsible) which loss or damage is
covered by valid and collectible insurance policies, to the extent
that such loss or damage is recovered under said insurance policies.
14.
ACTS OR OMISSIONS OF OTHERS AND ACTS OF GOD: The Lessor and its
employees, agents or assigns or any of them shall not be responsible
or liable to the Lessee(s), sublessees, their guests, invitees or
others on the property with their permission, for any personal injury,
loss, or damage that may be occasioned by or through the acts or
omissions of other Lessee(s), sublessees, tenants, their guests
or invitees, or others on the property with their permission, or
as trespassers. Lessor shall not be liable to Lessee(s) or Lessee(s)s'
guests, invitees, or others for any loss whatsoever which them may
sustain by damage to personal property or personal injury growing
out of any cause or causes whatsoever, including but not limited
to loss suffered by Acts of God, fire, loss from vermin or bugs,
wind, rain, snow or other elements, except if the negligence or
intentional acts of Lessor or its agents is the proximate cause
of such loss.
15.
RULES AND REGULATIONS: Lessee(s) agree to obey the Rules and Regulations
of Lessor. A current copy of the Rules and Regulations, if any,
are attached hereto. The Rules and Regulations may be amended by
Lessor at any time, and Lessee shall obey them as so amended.
15.
SEPARABILITY: If any provision of this Lease is held invalid, the
remainder of this Lease shall not be affected thereby and shall
remain in full force and effect.
THIS LEASE INCLUDES: (1) A SECURITY DEPOSIT - LAST MONTH'S RENT
RECEIPT, (2) A STATEMENT OF CONDITION, (3) A GUARANTOR AGREEMENT
WHEN REQUIRED, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE AND
FORM AN INTEGRAL PART HEREOF. TOGETHER THEY CONSTITUTE THE ENTIRE
AGREEMENT OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS.
The
undersigned acknowledges receipt of (1) an executed copy of this
Lease, (2) a Security Deposit/Last Month's Rent Receipt, and (3)
a Statement of Condition.
In
Witness Whereof the parties hereto interchangeably set their
hands and seals this _____________ day of _________________,
20___.
LESSEES:
LESSORS:
_______________________________
By:_________________________
_______________________________
_______________________________
_______________________________
Dated:_________________________
_________________________
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