RESIDENTIAL HOUSE LEASE AGREEMENT
THIS HOUSE LEASE AGREEMENT (hereinafter "Agreement") is entered into, this June 14, 2005 by and between:
Robert S Selby of 377 CLEAR CREEK DR
and the Lessees:
Billie R Coran of
377 Clear Creek Drive
Dylan M Coran of
377 Clear Creek Drive
In regards to the Property:
377 Clear Creek Drive
The Landlord and Tenants do hereby agree to abide by the terms set out in this Agreement. The terms of this Agreement are as follows:
The parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this Agreement in its entirety.
- THE HOUSE
In consideration of the rent payment to be paid by Tenants and of the other covenants and agreements herein contained, the Landlord rents to Tenants the House.
Tenants shall use the House only for residential purposes. Tenants shall not use or allow the use of the House in any way that interferes with other tenants' use and enjoyment of the House or neighboring property. Tenants shall not use the House for any illegal or improper use. Additionally, Tenants shall comply with all Zoning Ordinances, Protective Covenants and Deed Restrictions.
The Tenants agree that the House shall be a smoking environment. The Tenants agree shall be liable for any damage caused as a result of smoking.
The Tenants agree while pets are permitted in the House they are subject to the following: one small to medium sized dog; must be house trained and spayed or neutered. Absolutely NO cats. The Tenants acknowledge that they are exclusively responsible for any and all damage caused to the House by any pet residing in, or visiting the House.
The House includes 2 bedrooms; 1 bathroom.
Parking is available with the House. It is described as: Driveway
- PAYMENT SCHEDULE AND DETAILS
The Tenants agree to pay Four Hundred Fifty ($450.00 USD), Monthly.
Payment shall be made in the form of Check, on or before: First of the month of each term during the entire length of this Agreement. Payments shall be made at: 377 CLEAR CREEK DR, Valparaiso Indiana, 46385, or at such other place as the Landlord and Tenants agree upon.
Should a Tenant's payment be returned for insufficient funds, the Tenants shall be liable to the Landlord for $25.00 as a penalty.
Should a Tenant's payment be Five days late, the Tenants shall be liable to the Landlord for $$25.00 as a penalty.
The Tenants agree to deliver a Security Deposit to the Landlord in the amount of $450.00 (Hereinafter "Deposit"). The Deposit will be returned to the Tenants at the end of this Agreement, less deductions.
The Tenant is not entitled to interest on the Deposit.
The parties acknowledge that the Landlord will be permitted to deduct from the Deposit any amounts for reasonable cleaning and repair of damages to the House at the end of this Agreement. Ordinary wear and tear is excepted.
The Deposit may not be used by either party for any payment due under this Agreement.
If the Landlord sells or assigns the House, the Landlord shall have the right to transfer the Tenants Deposit to the new owner or assignee to hold under this Lease and upon doing so the Landlord shall be released from all liability to Tenants for return of said Deposit.
- LENGTH OF AGREEMENT
This Agreement shall begin June 14, 2005. Unless terminated, this Agreement shall be automatically renewed Yearly. Either party may terminate this Agreement by giving written notice to the other at least Thirty days prior to the end of the calendar month.
- TENANT RESPONSIBILITIES
The Tenants agree to accept responsibility for the following:
- Tenant to keep interior of house clean and tidy. Landlord will take care of all outdoor maintenance, trash removal, snow removal, etc.
- Landlord and Tenant both agree that no overnight guests will be allowed without prior mutual consent. This will not apply to visits from Tenant's older son when visiting from college.
The Tenants shall comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes; maintain the House in good condition during the entire length of this Agreement and shall neither cause nor allow any abuse of the facilities therein.
The Tenants shall inform the Landlord of any condition that may cause damage to the House. If the House, or any part of the House, is partially damaged by fire or other casualty not due to the negligence or willful act of the Tenants or an agent of the Tenants, the House will be immediately repaired by the Landlord and there will be an abatement of rent corresponding with the time during which the House was untreatable.
Upon the termination or expiration of this Agreement the Tenants shall redeliver the property, amenities, furniture, appliances and any other applicable aspects of the House, in as good condition as at the commencement of the Agreement or as may be put in during the Agreement. Reasonable wear and tear from use and obsolescence to the House shall be accepted. Furthermore, the Landlord retains a Landlords Lien on all personal property placed upon the premises to secure the payment of rent and any damages to the House.
The rental payments include the following utilities:
- Sewer service
The House includes use of the following amenities:
The House includes the following appliances for the Tenants use:
The House includes the following furniture for the Tenants use:
- HOUSE ALTERATIONS
Tenants shall make no alterations, additions or improvements to the House (including the application of paints, stains, nails or screws to the woodwork, walls, floors or furnishings) without first obtaining the express written consent of the Landlord.
Tenant acknowledges that Landlordís insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall Landlord be held liable for such losses. Tenant is hereby advised to obtain his own insurance policy to cover any personal losses.
- ENTRY FOR REPAIRS OR SHOW
In addition to the rights provided by the laws applicable to the State of Indiana, the Landlord shall have the right to enter the House at all reasonable times for the purpose of inspecting the and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by the Landlord for the preservation of the House or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Agreement. The Landlord shall give reasonable notice of intent to enter House except in the case of an emergency.
- QUIET ENJOYMENT
The Tenants shall be entitled to quiet enjoyment of the House for the term of this Agreement provided that the Tenants pays rent in a timely manner and performs all covenants and obligations under this Agreement.
- POSSESSION AND SURRENDER OF THE HOUSE
At the expiration of the Agreement Term, Tenants shall immediately surrender the House to the Landlord in the same condition as at the start of the Agreement, reasonable wear and tear elements excepted. The Tenants shall return a complete set of keys to the Landlord and provide in writing, the Tenants forwarding address. If any Tenant remains on the House after the expiration or termination of this Agreement without the Landlord written permission, the Landlord may recover possession of the House in the manner provided for by law.
Abandonment is defined as absence of the Tenants from the premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid - whereupon Tenants will be considered in breach of this Agreement. If Tenants abandons the House during the term of this Agreement, the Landlord may enter the House by any legal means, without being liable for such entering, and without becoming liable to the Tenants for damages caused upon entering. Landlord may consider any personal property belonging to the Tenants and left on the property to also have been abandoned, in which case the Landlord may dispose of all such personal property in any manner the Landlord deems proper without becoming liable to the Tenants for doing so.
The Landlord may at its option terminate the Agreement and re-let the House, and may receive and collect all rent payable by virtue of such re-letting. Had this Agreement continued in force, the Landlord may hold the Tenants liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term and the net rent for such period realized by the Landlord by means of the re-letting.
- LEGAL FEES
If the Tenants is in breach of this Agreement, and the Landlord finds it necessary to enforce this Agreement, or collect rental or other damages, through an attorney or in a legal action, the Landlord shall be indemnified by the Tenants for any reasonable attorneys' fees and out-of-pocket costs which in any way relate to, or were precipitated by, the breach of this Agreement by the Tenants.
The Landlordís failure to enforce or insist on compliance with any provisions of this Agreement shall not be deemed a waiver nor a limitation of the Landlord's right to enforce or insist on compliance with the provisions of this Agreement.
- BINDING EFFECT
Except as otherwise provided in this Agreement, all of the covenants, conditions, and provisions of this Agreement shall apply to and bind the parties and the heirs, personal representatives, successors, and assigns of the parties.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
- ASSIGNMENT, SUB-LET AND LICENSE
The Tenants shall not assign this Agreement, or sub-let or grant any license to use the House or any part thereof without the prior written consent of the Landlord.
Consent by the Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license.
An assignment, sub-letting or license without the prior written consent of the Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at the Landlord option, terminate this Agreement.
- AMENDMENT OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by both parties.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supercedes any prior written or oral covenants or representations relating thereto and not set forth herein shall be binding on either party hereto. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by the Landlord and Tenants. The Landlord has made no representation or warranty to Tenants except as herein expressly set forth.
Should any conflicts arise between any party of this Agreement and the applicable legislation of the State of Indiana, the State Laws will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the State Laws. Furthermore, any provisions that are required by State Laws may be subsequently incorporated into this Agreement.
In the event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
- GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Indiana.
- ADDITIONAL PROVISIONS
Tenant acknowledges that rent does not include personal items, telephone service, groceries or cleaning products.
Landlord and Tenant agree to purchase and consume their
own food items. All food items will be kept in the separate pantry areas and the separate refrigerator/freezers.
Due to her medical conditions, the Tenant and her son shall have the downstairs bedrooms and full bath. Landlord/Roommate shall have the upstairs bedroom and full bath. All other areas of the house (ie: living room, dining room, etc) shall be common areas.
Landlord acknowledges Tenant's medical conditions. This lease is specifically designed for said Tenant, and therefore, does not reflect the type of agreement Landlord will have with any future tenants.
Landlord also agrees that if he plans to move or sell in the future, he will provide Tenant with a full six (6) months written notice as not to cause undue hardship.
Dated: June 14, 2005.