10248 New Dawn Pl

Lease terms

Indiana Residential Lease Agreement 1. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above-described Premises together with any and all appurtenances thereto, for a term of Sisteen months, such term beginning at Current Time & Date and ending at Future Time & Date. 2. RENT. The rent is payable prior to or by the 5th day of each month, in the amount of Twenty-one hundred and ninety-Five DOLLARS ($2195.00), first installment to be paid upon the following month due execution of this Agreement (month & year of agreement). All such payments shall be made to the Landlord via Cash App, Zelle, Venmo or direct deposit into Landlord's Bank Account on or before the due date and without demand. Special Note # 1 (PETS): Within this agreement pertaining to pets, if pets are declared prior to this lease agreement or anytime during the lease, then a one-time pet deposit fee according to item #17 below is to be paid to the Landlord. Special Note # 2 (RENT INCREASE): The Landlord is entitled to increase the Rent payable under this tenancy, either during the Tenancy Term or any subsequent renewal or periodic term, on each anniversary of the start date of this tenancy ("The Rent Increase Date"). The increase will be a minimum 5% and maximum 10%, of the current Rent payable. Should the Landlord elect to do so, Landlord will first serve written notice on the Tenant in accordance with these Tenancy Terms and Conditions of at least one calendar month prior to the Rent Increase Date ("The Rent Increase Notice"). 3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of Twenty-one hundred and ninety-Five DOLLARS ($2195.00) receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. Such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises upon the termination of this Agreement or end of the leasing term. 4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's only, exclusively, as a private single-family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling. Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. Smoking is prohibited as this is a non-smoking house. 5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. 6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by 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 Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. 7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. The Tenant should seek agreement of the Landlord prior to any modifications to the exterior/interior of the house or painting of the exterior/interior of the house. 8. REPAIRS. Tenant shall be responsible for any single repair costing $150 or less. For any single repair that exceeds $150, tenant shall pay the $150 and the remaining amount shall be absorbed by the Landlord. Repairs of anything that are damaged, broken or malfunction due to negligence or accident on the part of the tenant will not be paid for by the Landlord and will be the responsibility of the tenant to get the repairs completed and paid for in full. Any items such as but not limited to; roof, furnace, carpet, doors, windows, cabinet, flooring, walls, light fixtures, ceiling fans, stairs, water heater that are in good working, functioning and/ or clean condition shall not be unnecessarily replaced or repaired. Response time for any emergency calls made by the tenant to the Landlord for emergency repairs will be 24 hours under normal circumstances. Estimated repair time for such emergency repairs/issues shall be within a week if possible, however it could even take longer than a week, due to circumstances that are non-controllable such as but not limited to; bad weather, pandemic effects, strikes, labor shortage, curfew, replacement parts shortage, natural disasters, floods, fires, earthquakes, tornadoes, force majeure or any unavoidable catastrophes. 9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. That would include any utility bills that may arrive after the lease expires. 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; (b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; (c) Not obstruct or cover the windows or doors; (d) Not leave windows or doors in an open position during any inclement weather; (e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; (f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (g) Keep AC/Furnace filters clean and free from dirt and dust. The use of good quality filters is preferred and the filter is to be changed once a month; (h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; (i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents in the neighborhood; (j) Keep all radios, television sets, stereos, Bluetooth speakers, cell phones, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents of the neighborhood; (k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; (l) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them; (m) Maintain reasonable periodic mowing of side yards, front yard and back yard, as well as keep weeds and unnecessary vegetation growth in control, within or around the Premises. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, flood or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon, this includes agents of insurance companies. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. Landlord has the right to request inspection of the Premises once a month. Upon 2 consecutive denials of Landlord's inspection request by the Tenant, Landlord and Landlord's agents will exercise their right of forced entry into the premises with their Master key to inspect the premises without Tenant's approval or in Tenant's absence. 14. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 15. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be automatically assumed between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that such tenancy shall be terminable upon thirty (30) days written notice served by either party. 16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. All original and duplicate keys along with garage door openers should be given back to the Landlord promptly. 17. ANIMALS. Tenants are entitled to keep pets for a one-time deposit fee as follows that will go towards any fixes, cleaning and/or damages caused by pets. a. $300 for one or multiple cats b. $400 for one or multiple small dogs c. $500 for one or multiple dogs Pets must be disclosed to the Landlord at the time of lease agreement or whenever a pet is adopted. If pets are not disclosure to the Landlord, Landlord may terminate this Agreement and forfeit the Damage Deposit of the Tenant(s). Tenants shall not be entitled to keep dangerous wild animals, reptiles and birds as pets. Also, any domestic animals that are harmful and dangerous are not permissible at the premises at any time. Other than the pets such as fish or turtles closed in aquariums, the only other animals allowed as pets are cats and dogs. Allowed dogs that are NOT in the restricted breeds list below: d. Rottweilers e. Pit Bulls f. Great Danes g. Boxers h. Doberman i. Mastiffs j. Chow Chow k. Akita l. Bull Terrier m. Cave Corso 18. VEHICLE PARKING. All vehicles should be parked clear of the street, preferably inside the car garage or on the driveway of the house. No vehicles should be blocking the mailboxes, school bus routes or the street for normal traffic. Any citation issued by the law enforcement will be the responsibility of the Tenant to be paid promptly and in full. 19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 20. INDEMNIFICATION. Landlord shall not be liable for any theft, damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 21. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. 22. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within one (1) day of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of Fifteen DOLLARS ($15) each day the payment was late. 23. NON-PAYMENT OF RENT. If rent is not paid in full by the 15th of the month for which it is due for; the Landlord could file an eviction for the tenants to be evicted from the rental property listed above as premises. 24. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 25. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 26. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 27. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Indiana. 28. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 29. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 30. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 31. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 32. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 33. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 34. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested. 35. TIMELY RESPONSE. If Tenant makes attempts to contact or communicate with the Landlord, the Landlord shall respond via all possible means within 3 days, if not travelling or sick. vice a versa, if Landlord makes attempts to contact or communicate with the Tenant, the Tenant shall respond via all possible means within 3 days, if not travelling or sick. 36. RENTERS INSURANCE. Tenant shall, at all times through the Term and at its sole expense, maintain professional and general liability insurance (through third party insurers) against claims for bodily injury or death occurring in or about the Leased Premises, such insurance to provide coverage not less than $1,000,000 per occurrence, $2,000,000 per annual aggregate. In addition, Tenant shall, at all times through the Term and at its sole expense, maintain insurance for the Fixtures and Equipment at replacement cost value, without coinsurance provisions, against fire and such other hazards as are included within extended coverage and against earthquake and flood damage, which insurance shall also include major mechanical system repair and replacement coverage. All such insurance shall name Landlord as an additional insured and shall provide that Landlord be given 30 days prior notice of any material change or cancellation of such insurance. Copies of such insurance policies shall be delivered to Landlord, upon Landlord's request. The parties shall mutually determine how to distribute any insurance proceeds received to replace any or all of the personal belongings, Fixtures and Equipment. The Tenant understands that the premises property insurance (fire, hazard, and liability coverage for injury or damage), does not include or extend to the Tenant or guests. Therefore, the Landlord requires that the Tenant obtain their own renters insurance coverage against all risk to personal harm and property damage. The Tenant's insurance policy needs to include liability insurance. The Tenant must also show the Landlord written proof of insurance coverage annually or upon request, that at a minimum includes copy of declarations page or Certificate of Insurance.