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Apartments—Unfurnished II
This lease made _________[year], between _________, as landlord, and _________ and _________, jointly and severally, as tenants, witnesses. Landlord lets and tenants take the premises designated as _________, in city of _________, state of _________, to be used and occupied as a strictly private dwelling apartment by tenants and their family, and not otherwise, as set forth in application for apartment lease, for the term of _________ to commence on _________[year], and to end _________[year], unless sooner terminated as provided herein, at annual rent of $_____ payable in equal monthly instalments in advance on first day of each and every calendar month during the term, except that rent for first full month or from commencement of term to end of first calendar month shall be payable on execution of this lease by tenants. The tenants agree: 1. To pay the rent, as above provided, at the office of landlord in _________, city of _________, state of _________. 2. To not use premises or any part thereof, or allow the same to be used, for any purposes other than as a private dwelling apartment, nor by any person other than tenants and family of tenants as set forth in application for apartment lease nor by more than _________ persons. Tenants shall not sell, assign, or transfer this lease, or underlet premises or any part thereof. Any sale, assignment, transfer, or underletting of this lease without previous written consent of landlord shall be void. If landlord consents to an assignment hereof, no further assignment shall be made without express consent, in writing, of landlord. The character of occupancy of premises, as above restricted, is an especial consideration and inducement for granting of this lease, and in event of violation by tenants of restriction against subletting or assignment, or if tenants shall cease to occupy apartment, or shall permit same to be occupied by parties other than as aforesaid, or violate any other restriction or condition hereby imposed, this lease may, at option of landlord or agent or assigns of landlord, be terminated in the manner provided in clause six. 3. Throughout the term tenants shall take good care of premises, its appurtenances, fixtures, and equipment; shall not drill into, disfigure, or deface any part of buildings, grounds, or any other part or portion of development, or allow same to be done. As and when needed, landlord shall repair premises, its appurtenances, fixtures, and equipment where rendered necessary by misuse or neglect of tenants, their family, servants, employees or agents. The cost thereof shall be determined on statements rendered by landlord to tenants and the sum so determined shall be payable to landlord on delivery of such statement; and if same shall not be paid by tenants within 10 days thereafter, the sum shall become so much additional rent, payable on demand with any instalment of rent thereafter becoming due, and collectible as such. On ending of term in any manner, tenants shall quit and surrender premises in as good order and condition as they were at beginning of term, reasonable wear and tear excepted. If premises be not so surrendered at any ending of term, tenants shall be responsible to landlord for all of damage which landlord shall suffer by reason thereof, and further will indemnify landlord against all claims made by any succeeding tenants against landlord, resulting from delay by landlord in delivering possession of premises to such succeeding tenants, so far as such delay is occasioned by failure of tenants so to surrender the premises. 4. Tenants shall comply with all laws, ordinances, governmental regulations and with regulations of board of fire underwriters applicable to premises. Tenants shall not do anything or allow anything to be done on premises which will increase rate of fire insurance of building. Tenants shall observe and comply with, and tenants agree that all persons dwelling in or visiting in premises shall observe and comply with, rules and regulations printed on the back hereof, and such other and further rules and regulations as landlord may from time to time deem needful and prescribe for the safety, care, and cleanliness of the building, and the preservation of good order therein, as well as comfort, quiet, and convenience of other occupants of development. 5. If premises shall be partially damaged by fire, repairs shall be made by landlord as speedily as conveniently possible; and in case damage shall be so extensive as to render premises untenantable, rent shall cease until such time as premises shall have been put in repair; but in event of substantially total destruction of building of which premises form a part, by fire or otherwise, or in case damage to premises shall be so extensive that they cannot, in opinion of landlord, be repaired within 90 days, or if landlord shall decide to rebuild, then rent shall be paid only up to time of such destruction or damage, and all interest of tenants in premises shall terminate, and this lease shall become void from such time. In event that any question shall arise between landlord and tenants as to whether or not repairs shall have been made with reasonable dispatch, due allowance shall be made for any delay which may arise in connection with adjustment of fire insurance loss, and for any delay arising out of what are commonly known as "labor troubles," or any other cause beyond landlord's control. 6. If default be made by tenants in the payment of rent or in the observance, payment or performance of any of the other provisions, terms or conditions of this lease, or if any conduct of tenants or occupants of premises shall be objectionable, landlord may, at its option, immediately reenter and take possession of premises and whole thereof without notice and may remove from premises all persons and property, using all necessary force so to do, tenants hereby waiving any and all claim of any kind which tenants might have against landlord for damages on account thereof, and should landlord elect to terminate lease for above reasons, or in any other way, tenants agree to immediately surrender and deliver up possession of premises to landlord and if tenants remain in possession one day after termination of this lease, tenants shall be guilty of forcible detention of premises and subject to all conditions and provisions above named, and to eviction and removal, forcible or otherwise, at any time thereafter, with or without process of law. Should tenants be in default or abandon premises and landlord elect to terminate the lease, landlord shall be entitled to recover from tenants and tenants shall be liable to landlord for difference between stipulated rental provided for herein for balance of term and the then fair and reasonable rental value of premises for same period. Recovery may be obtained under this provision immediately on the happening of such occurrence, or monthly, or as often as landlord may demand. If tenants shall abandon or vacate premises, same may be relet by landlord for such rent, and on such terms as landlord may see fit, and such reletting by landlord shall in no wise affect liability of tenants hereunder, and a sufficient sum shall not be thus realized, after paying expenses of such reletting and collecting, to satisfy the rent hereby reserved, tenants agree to satisfy and pay all deficiency on demand. Failure of tenants to be present in premises for a period of 30 consecutive days may be treated by landlord as an abandonment. Any occupancy of premises, for any period, contrary to provisions of this lease, shall be deemed "abandonment" under provisions of this clause sixth and shall be deemed a default for which landlord shall have same rights as for any other default and, in addition, the rights set forth in this clause sixth. Should tenants vacate or abandon premises, landlord shall have right to enter into and on premises, using all necessary force so to do, and may at its option, terminate lease. Tenants expressly release landlord of and from any and all claims and liability for damages or loss to property left by tenants on premises on vacating, abandoning or on termination of lease, which tenants might or may have against landlord, and tenants agree to hold and save landlord harmless of and from any and all claims with respect thereto. All of foregoing remedies are cumulative, and are given without impairing any rights or remedies of landlord, whether the rights or remedies are herein referred to or not, and tenants agree that they shall and will pay and discharge all costs, expenses and attorney's fees incurred by landlord in connection with enforcing obligations of tenants under this lease, including payment of rental, recovery of possession or enjoining of any act of tenants contrary to provisions of this lease or enforcing the rights of landlord in and to premises. 7. The failure of landlord to insist in one or more instances upon a strict performance of any of the agreements of this lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such agreement or option, but same shall continue and remain in full force and effect. No waiver by landlord of any provision hereof shall be deemed to have been made unless expressed in writing and signed by landlord. 8. Any notice of landlord to tenants shall be deemed to be duly given, if in writing, and delivered personally to either one of tenants or mailed and deposited in any general or branch post office or postbox, enclosed in a postpaid envelope addressed to either of tenants at building in which premises are situated. Any notice by tenants to landlord shall be deemed to be duly given, if in writing, and delivered personally to either landlord or to agent of landlord charged with renting and management of building in which premises are situated, or mailed and deposited in any general or branch post office, enclosed in a postpaid envelope addressed to landlord or its agent at its office in city of _________, state of _________. 9. No diminution or abatement of rent or other compensation shall be claimed or allowed for inconvenience or discomfort arising from repairs or improvements made to buildings or its appliances, nor for any space taken to comply with any law, or ordinance or order of governmental authority. In respect to the various "services" (including those defined in clause 22) herein agreed to be furnished by landlord to tenants, there shall be no diminution or abatement of rent or any other compensation for interruption or curtailment of such "services" when such interruption or curtailment shall be due to accidents, alterations, or repairs desirable or necessary to be made, or to inability or difficulty in securing supplies or labor for maintenance of such "service," or to some other cause, unless such interruption or curtailment shall have been caused by negligence on part of landlord, or shall continue beyond a reasonable time following due notice to landlord of existence of such curtailment or interruption. Landlord shall not be required to furnish and tenants shall not be entitled to receive any such "services" during any period wherein tenants shall be in default in respect to payment of rent. 10. During three months prior to expiration of term hereby granted, applicants for lease of premises shall be admitted at all reasonable hours of day to view premises; and landlord and landlord's agent shall be permitted at any time during term to visit and examine premises at any reasonable hour during day, and workmen may enter at any time, when authorized by landlord or landlord's agent, to make or facilitate repairs in any part of building whenever same shall become necessary; and if tenants shall not be personally present to open and permit entry into premises at any time when for any reason an entry therein shall be necessary or permissible hereunder, landlord or landlord's agent may forcibly enter same without rendering landlord or such agent liable to any claim or cause of action for damages by reason thereof (if during such entry landlord shall accord reasonable care to tenant's property) and without in any manner affecting obligations of this lease. In event that at any time before expiration of term hereby granted tenants shall cease to occupy premises, and shall remove substantially all of their furniture therefrom, landlord shall have the right to enter on premises for purpose of cleaning and redecorating same; and exercise of such right by landlord shall in no way affect or modify obligations of tenants under this lease for remainder of term thereof. 11. Landlord has made no representations or promises in respect to building or to premises except those contained herein, and those, if any, contained in some written communication to tenants, signed by landlord or its agent. 12. If tenants shall, before date above fixed for commencement of term hereof, default in performance of any agreement by tenants contained in any other lease or letting by landlord to tenants, then, at option of landlord, this lease shall not go into effect, and tenants shall not be entitled to possession hereunder. 13. If landlord shall be unable to give possession on date specified for commencement of term thereof, tenants may, at any time within 30 days after such specified date, notify landlord of their election to terminate this lease. Such notice shall be given in writing, addressed to landlord, signed by one of tenants, and on receipt of such notice, this lease, and all rights and obligations hereunder, shall cease, and tenants shall be entitled to receive back from landlord all sums of money paid hereunder. If no such notice is given, obligation of tenants shall continue and they shall take possession of premises as soon as premises are tendered by landlord to tenants, provided, however, that tenants may not take possession of premises until same are tendered by landlord and provided further that rent herein reserved by landlord shall not commence until such possession is tendered. But no failure to give possession on date of commencement of term shall extend, or be deemed to extend, term of this lease, nor shall landlord be subject to any liability for failure to give possession on that date. Should tenants take possession of premises before premises or building or development of which they form part are completed, there shall be no diminution or abatement of rent by reason of any such incomplete condition. 14. If a master antenna system shall be provided, landlord shall have the right to disconnect the lead-in and the ground connection to tenant's apparatus outlet of master antenna system, when, in landlord's opinion such tenant's apparatus interferes with proper operation of master antenna system. 15. Landlord shall not be liable for any damage or injury sustained by tenants or family members or occupants of tenants' apartment in use of playground or recreational facilities of landlord, unless such damage or injury shall have been caused by negligence of landlord. Landlord shall not be liable for presence of bugs, vermin, or insects, if any, in the premises nor shall their presence in any way affect this lease, unless landlord shall fail to furnish a regular and efficient exterminating service throughout term of this lease. Landlord shall not be liable for any failure of water supply or electric current or any other condition arising out of any cause or causes outside of the control of landlord, but shall use due diligence in bringing about restoration of such water supply or electric current or elimination of such condition in such event. 16. Should land whereon premises are situated, or any part thereof, be condemned for public use, on taking of same for such public use, this lease, at option of landlord, shall be deemed null and void, and term shall cease and come to an end, anything herein contained to contrary notwithstanding. 17. This lease shall be deemed to be and shall be extended and renewed by and against the parties hereto on expiration of each term for same term and at same rental, without any deduction or concession, and on all terms and conditions and agreements herein contained, without necessity of a new instrument unless either party, on or before 45 days next preceding termination of any term, shall give to the other notice in writing that this agreement will not be extended. This provision is intended to give to landlord reasonable time to lease premises from expiration date, should tenants give such notice, and to give tenants reasonable time to make satisfactory arrangements, should landlord give such notice. 18. In the event tenants shall in their application for apartment lease, or, as the case may be, in application for apartment lease renewal, make any substantial misrepresentation, landlord may treat same as a violation of this lease, and the remedies provided under the terms of clause 6 hereof shall become and be applicable thereto. 19. Upon notice in accordance with clause 8 hereof to be received by landlord on or before tenth day of any calendar month of demised term, tenant shall have right to terminate this lease provided that, at least seven days (Saturdays, Sundays, and legal holidays excluded) before end of the month, tenants shall surrender and vacate premises and return all keys relating thereto and, further, shall pay to landlord, at time of giving such notice, as consideration for privilege of such termination of this lease, the base sum of $_____ covering expenses incurred in reletting (including but not limited to brokerage, clerical work, and cleaning), and before vacating, tenant shall pay landlord's standard redecorating charges (according to number of rooms in premises) promulgated or established from time to time as landlord deems necessary, and prorated according to unexpired portion of demised term plus any and all charges for damage to premises or its equipment, normal wear and tear excepted; provided further, nevertheless, that during remainder of period during which lease was to run according to its provisions, and while premises remain unrented tenant shall pay to landlord an amount equivalent to rental provided for in lease; and provided further, that nothing contained herein shall render landlord liable for any delay in, or failure of, rerental, and on failure of tenants to conform to requirements of this clause, landlord may deal with premises in accordance with the applicable provisions, including clause 6 of this lease. If, after having given notice of intention to terminate, tenant shall fail to terminate this lease as provided in this clause, landlord shall retain base sum paid of $_____ as liquidated damages for its clerical, office and other expenses incurred by reason of such notice. 20. If, prior to expiration of term of this lease, any tenant should die, then, notwithstanding anything to contrary contained herein, this lease may be terminated by surviving tenant or tenants or by legal representative of deceased tenant (whether or not there be a surviving tenant or tenants) in manner and upon the following conditions: Such surviving tenant or such legal representative (a) prior to tenth day of any calendar month shall serve notice on landlord of termination of this lease at expiration of such calendar month and concurrently shall pay all rent due or to become due prior to such termination, and (b) at least seven days (Saturdays, Sundays and legal holidays excluded) before end of such month shall surrender and vacate premises, shall return all keys thereto other than those in landlord's possession, shall pay to landlord all of its claims for damages to premises and landlord's equipment therein (ordinary wear and tear excepted) and shall pay to landlord the landlord's redecorating charges for premises (according to the schedule of such charges then in effect) prorated according to unexpired term of lease. Landlord agrees: 21. Landlord shall make, as and when needed, and at its own expense, all repairs in and about premises, and to its fixtures, appurtenances, and equipment, provided that such repairs have not been rendered necessary by misuse or neglect of tenants, their family, servants, employees, or agents. 22. Landlord covenants that if and as long as tenants pay the rent and perform and observe all of the agreements and provisions hereof, tenants shall quietly enjoy demised premises. 23. Subject to the provisions of clause 9, above, landlord shall furnish the following services during reasonable hours: (a). Hot and cold water in reasonable quantities. (b) Heat during the cold season in each year. (c) Gas in reasonable quantities. 24. Tenants understand and agree that (if there are more than one on lease) the act or notice of, or to, or signature of, any one or more of them, in relation to tenancy or on renewal thereof, shall be binding on each and all of tenants signing this lease with the same force and effect as if each and all of them had acted, signed, or given or received such notice. 25. If storerooms are provided by landlord in development in which leased premises are located but outside of leased premises for storage of effects of tenants, such storerooms are furnished on express stipulation that landlord shall not be liable for any loss of or damage or injury to property stored therein. Tenants fully release landlord from all liability for any such loss, damage or injury. Tenants hereby declare that value of each suitcase, trunk, box, package or other article so stored, together with contents, does not exceed in value the sum of $_____ and that landlord's liability, in any event, shall be limited to that sum should it be determined that such property was stored by landlord for a consideration unless tenants declare in writing in this lease the value of any such items of a greater value than said $_____ and pay additional rental or consideration in an amount to be fixed by landlord for such storage. At any time after tenant has been absent from premises for 30 days and whether or not this lease has been terminated or, in the alternative, at any time after this lease has been terminated, landlord shall have right to store in a public warehouse in tenant's name and at tenant's expense any effects of tenant held by landlord in any such storeroom or left by tenant in premises. 26. As part of consideration moving landlord to execute this lease, tenant has paid to landlord concurrently with execution of this lease the sum of $_____, receipt of which is hereby acknowledged by landlord. If, upon termination of this lease, tenant is not in default hereunder and when tenant has fully kept and performed agreements of tenant herein contained, then on such termination and surrender of premises and keys thereto to landlord, landlord will pay to tenant the sum of $_____. Except as herein provided, landlord shall not be liable to tenants for any damages or other consideration on termination of this lease. In witness whereof the landlord and tenants have respectively executed this lease as of the day and year first above written. [Signatures of landlord and tenants] Rules and Regulations 1. The public halls, entrances, elevators, sidewalks, stairways, patios, and sheltered parking areas shall not be obstructed nor used for children's play or for any other purpose than for ingress to and egress from the apartments; nor shall children be permitted to congregate or play on steps or at entranceways to buildings or on planted areas, except in playgrounds provided for that purpose. Children are expressly forbidden to play in garages or garage shelter areas. 2. Outdoor furniture may be placed only on tenants' individual paved areas. Planted areas may not be used for recreation or games of any kind. Tenants are to use recreational area for such purposes. There shall be no outdoor cooking or use of outdoor barbecue stoves. No wading pools or sandboxes will be permitted on patios or lawn areas. 3. Tenants shall not make or permit any disturbing noises in the buildings by themselves, their family, friends or servants; nor do nor permit anything to be done by such persons that will interfere with the rights, comforts or convenience of other tenants. Tenants shall not play upon, or suffer to be played upon, any musical instrument, or operate a phonograph, television, or a radio loudspeaker, in the demised premises in such manner as may disturb or annoy other occupants of the buildings. Tenants shall have rugs or carpeting on all floors, sufficient in the opinion of the landlord to avoid noise disturbance to neighboring tenants. 4. Tenants and their servants are expressly forbidden to sweep or throw anything out of the windows or doors, or into the halls, stairways, elevators, or to obstruct the window sills in any way. 5. No baby carriages, velocipedes, or bicycles or other like paraphernalia shall be allowed in the elevators, or to remain in the passageways, hallways, courts, or patios of the buildings. They are to be placed in bicycle room provided therefor. No garbage can, kitchen supplies, or other articles shall be placed or left on the landings or in the hallways. 6. The toilets, basins, and other plumbing fixtures shall not be used for any purpose other than those for which they were designed, nor shall any sweepings, rubbish, rags, or any other improper articles be thrown into the same. Any damage resulting from misuse of such facilities shall be paid by the tenants of the damaged premises. 7. No sign, signal, advertisement, television aerial or other equipment or illumination shall be inscribed or exposed on or at any window or other part of the building, except such as shall be approved in writing by the landlord. Installation of aerial wires on any part of the buildings is expressly forbidden, except as approved by landlord. 8. No shades, awnings, venetian blinds, or window guards shall be used, except such as shall be put up or approved by the landlord. 9. No dogs, cats or other animals, fowls, or reptiles shall be kept or harbored in the demised premises. 10. In garden units, garbage must be placed in tenant's garbage receptacle and kept in container supplied for same. Bottles, cans and combustible materials are to be placed in containers provided for same in garage areas. In tower buildings, garbage and refuse must be wrapped in small, tight parcels and thrown into the incinerators. The use of incinerators is limited to waste materials such as garbage and rubbish. No volatile or highly inflammable materials shall be thrown into the incinerators. 11. Alteration or replacement of locks or installation of knockers or other attachments upon any door is forbidden. 12. Running exposed wires for electrical appliances or fixtures in violation of the building code is prohibited. 13. No furniture, barrels or paper cartons may be stored in the storage rooms. 14. The landlord shall not be responsible for any article delivered to or left with any employee. 15. The tenants shall not require, permit, suffer, or allow any windows in the demised premises to be cleaned from the outside in violation of any now existing or hereafter enacted law, rule or regulation governing same. 16. The automatic elevators shall be operated only by adults. No young children unattended by an adult shall be permitted in such elevators. 17. Tenants, their family, friends or servants will obey the parking regulations of public authorities and the landlord on private and public streets, roads, and drives within the development; and any other traffic regulations promulgated in the future for the safety, comfort and convenience of all the tenants. 18. No advertising, pamphlets, free newspapers, or other free printed matter of any kind shall be permitted to be distributed on the grounds, to apartments, in entranceways, halls or vestibules except through the United States mails. 19. The landlord reserves the right to rescind or change any of the foregoing rules and to make such other rules and regulations from time to time as may be deemed needful for the safety, care, and cleanliness of the premises and for securing the comfort and convenience of all the tenants.
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