145 Peter St #2

Lease terms

Controlling Lease Terms 1. Use a. The Apartment must be used only as a private Apartment to live in as the primary residence of the Tenant and for no other reason. Only a party signing this lease may use the Apartment. Noise is expected to be kept to a minimal level. 2. Rent and Late Rent Payment a. Rent for the Premises shall be paid in monthly installments of $1,200 per month payable in advance, on or before the first day of each calendar month during the Term of the Lease at the location set forth below, without notice or demand ("Rent"). b. Tenant shall also pay additional rent of $0 per month to Landlord for N/A ("Additional Rent"). Additional Rent shall also include any other amounts payable by Tenant to Landlord under this Lease. c. Unless Landlord notifies Tenant of a change of address, all payments must be delivered electronically through Tenant's bank using Auto-Pay to Landlord or a $50 increase to all future rent payments will be applied. d. Rent for any partial month during the Term will be prorated accordingly, on a per diem basis. The first (1st) monthly installment of Rent shall be paid to Landlord contemporaneously with the execution of this Lease. e. Rent (including any Additional Rent) is due on the first (1st) day of each calendar month. Any payments paid after the 5th day of any calendar month shall be deemed late. Any late payments shall be charged a $50 late fee for the first day rent is late. An additional fee of $5 per day shall be assessed for each additional day. Additionally, any Rent (including any Additional Rent) due to Landlord that is not paid when due shall bear interest, from the date due, at a rate of eighteen percent (18%) per annum. All late fees and interest shall be deemed Additional Rent payable by Tenant. f. Payments shall be deemed received when actually delivered to, and received by, Landlord at the payment location. Dishonored checks and any checks received late in the mail will be treated as late payments. A fee of $25 shall be applied by Landlord to any dishonored check, which fee shall be deemed Additional Rent. Any additional bank and handling charges that are assessed in the event of a dishonored check shall also be deemed Additional Rent. Landlord may require Tenant to replace any dishonored check with a money order, cashier's check, or bank check. Landlord may further require that all subsequent payments after a dishonored check be paid with a money order, cashier's check, or bank check. g. Acceptable forms of payment of Rent (including Additional Rent) are money order, paper check and the following online/ACH payment methods: Venmo, Zelle, direct deposit No other forms of payment will be accepted by Landlord. 3. Notices and Renewal a. Any bill, statement or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant at the Apartment. If to the Landlord, it must be mailed to or delivered to the Landlord's address. It will be considered delivered on the date mailed or if not mailed, when left at the proper address. Notice must be sent by certified mail. Each party must accept and claim the notice given by the other. Landlord must notify Tenant if Landlord's address is changed. If the Tenant does not decide to renew, 60 day notice must be provided. This Lease agreement will renew at the first of every year following the effective start date of this contract until a notice of termination has been 2 | Page provided by either the Landlord or Tenant. If Tenant accepts the renewal offer, the new rental amount may increase at the start of new lease. 4. Security Deposit a. Contemporaneously with the execution of this Lease, Tenant shall deposit with Landlord a security deposit in the amount of $1,100 as security for the return of the Premises at the expiration of the term of this lease in as good condition as when Tenant took possession of the Premises, normal wear and tear excepted, as well as the faithful, timely and complete performance of all other terms, conditions, and covenants of the Lease. Landlord may retain the Security Deposit for nonpayment of Rent or Additional Rent, damage to the Premises, replacement of damaged or missing items on the Premises, and/or cleaning of the Premises beyond normal wear and tear, to perform any obligation Tenant fails to perform under this Lease, or in connection with Landlord's remedies under this Lease. Tenant may not elect to use the Security Deposit as payment for any rent Tenant owes under this Lease. Any amount remaining from the Security Deposit, together with a written accounting for any portion retained, will be returned by mail to Tenant not more than thirty (30) days after expiration of the Term. Landlord shall mail the return or accounting to the forwarding address provided by Tenant or if no forwarding address has been provided, to Tenant's last known address. If Tenant consists of more than one person, Tenant agrees that Landlord may provide, at Landlord's discretion, the return or accounting to one representative of Tenant or pro-rata refunds to each person. Tenant's security deposit will be held in an account at Key bank. Interest on Tenant's security deposit, if any, will be paid in accordance with state law. Payment of interest on Tenant's security deposit may be modified in accordance with changes to state law, and Landlord will notify Tenant of the place where the security deposit has been deposited and of any such state law changes. 5. Services/Utilities a. Landlord will supply: Cold water and City of Buffalo costs associated with garbage removal. Landlord will also supply appliances: Refrigerator, Oven/Stove, Washer and Dryer are provided, but not replaced or repaired by Landlord upon failure. b. Stopping or reducing of service(s) will not be a reason for Tenant to stop paying rent, to make a money claim or to claim eviction. Tenant may enforce their rights under the warranty of habitability. Damage to the equipment or appliances supplied by the landlord, caused by Tenant act or neglect, may be repaired by the Landlord at Tenant expense. The repair cost will be added rent. Landlord may stop service of the plumbing, heating, or electrical systems, because of accident, emergency, repairs, or changes until the work is complete. Gas/Electric is the Tenant's responsibility and is to be paid for by the Tenant. c. Only Tenants can use laundry 6. Quiet Enjoyment a. The Tenant on paying Monthly Rent and added rent, and keeping and performing the conditions and covenants herein contained, shall and may peaceably and quietly enjoy the Apartment for the Lease Term, subject, however, to the terms of this Agreement, and to any and all mortgages that Landlord has given or in the future will give upon the premises of which the Apartment forms a part, to which this Agreement is expressly subject and subordinate. 3 | Page 7. Alteration a. No alterations are to be made to the apartment without written consent from the landlord. Alterations include: Flooring, painting of any surface and changing of any light fixture. No mounting is allowed on any walls or moldings, and no holes bigger than 1/8" in size are permitted on any walls. Additionally, no trampolines, pools, satellite dishes, TV antennas, air conditioners, spas, swing sets, or other similar features shall be added to the Premises by Tenant unless express written permission is given by Landlord, which permission may be granted or withheld in Landlord's sole and absolute discretion. 8. Repairs a. Tenant must take good care of the Apartment and all equipment and fixtures in it and around the property. Tenant shall maintain all appliances, equipment, furniture, furnishings, and other personal property included under this Lease and, upon the surrender of the Unit on the Termination Date, Tenant shall surrender same to Landlord in the same condition as received, reasonable wear and tear excepted. Landlord will repair the plumbing, heating, and electrical systems. Tenant must, at Tenant's cost, make all repairs and replacements whenever the need results from Tenant's act or neglect. If Tenant fails to make a needed repair or replacement, the Landlord may do it. Landlord's reasonable expense will be added rent. Landlord may make necessary repairs or replacement, the cost of which shall be deducted from the Security Deposit if deemed necessary. 9. Fire, accident, defects, damage a. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Apartment cannot be used because of fire, or other casualty, Tenant is not required to pay rent for the time the apartment is unusable. If part of the Apartment cannot be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable. Landlord needs only to repair the damaged part of the Apartment. Landlord is not required to repair or replace any fixtures, furnishings, or decorations but only equipment that is originally installed by Landlord. Landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord's control. If the Apartment cannot be used, Landlord has 30 days to decide whether to repair it. Landlord shall have a reasonable time to repair. In determining what is a reasonable time, consideration shall be given to any delays in receipt of insurance settlements, labor trouble, and causes not within the Landlord's control. If Landlord fails to give Tenant notice of its decision within 30 days, the Tenant may cancel the lease as of the date of fire or casualty. The cancellation shall be effective only if it is given before Landlord begins to repair or before Landlord notifies Tenant of its decision to repair. If the fire or other casualty is caused by an act or neglect of the Tenant or guest of Tenant, all repairs will be made at Tenant's expense and Tenant must pay full rent with no adjustment. The cost of repairs will be added rent. Landlord has the right to demolish, rebuild or renovate the building if there is substantial damage by fire or another casualty, even if the Apartment is not damaged. Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord's intention to 4 | Page demolish, rebuild, or renovate. The Lease will end 30 days after the Landlord's cancellation notice and pay all rent due to the date of the fire or casualty. If the Lease is canceled, Landlord is not required to repair the Apartment or Building. This cancellation does not release Tenant of liability in connection with the fire or casualty. This Section replaces the terms of NY Real Property Law Section 227. 10. Liability a. Landlord is not liable for loss, expense, or damage to any person or property, unless due to Landlord's negligence. Landlord is not liable to Tenant for permitting or refusing entry of anyone into the building. Tenant must pay for damages suffered and reasonable expenses of the Landlord relating to any claim arising from any act or neglect of Tenant. If an action is brought against Landlord arising from Tenant's act or neglect, Tenant shall defend Landlord at Tenant's expense with an attorney of Landlord's choice. The Tenant is jointly and individually liable for all Lease Agreement obligations, including but not limited to rent monies. If any Tenant, guests, or occupant violates the Lease, all Tenant are considered to have violated the Lease Agreement. Landlord's requests and notices to any one Resident(s) constitute notice to all Resident(s) and occupants. Notices and requests from any one Resident(s) or occupant (including repair requests and entry permissions) constitute notice from all Resident(s). In eviction suits, each Resident(s) is considered the agent of all other Resident(s) on the Premise for service of process. 11. Tenants are strongly advised to carry their own renter's insurance at the Tenant's sole expense. 12. Entry by Landlord a. Landlord may enter the Apartment at reasonable hours to repair, inspect, exterminate, install, or work on systems or equipment or perform other work that Landlord decides is necessary or desirable. At reasonable hours Landlord may show the Apartment to possible buyers, lenders, or Tenants during the last 3 months of the term. Reasonable hours are considered between 9am 6pm. Entry by Landlords must be on reasonable notice except in emergency. Landlord may enter the apartment at any given time with a 24-hour verbal or written notice to the Tenant. 13. Assignment & Sublease a. Tenant must not assign all or part of this Lease or sublet all or part of the Apartment or permit any other person to use the Apartment. If Tenant does, Landlord has the right to cancel the Lease as stated in Tenant's Default section. State law may permit Tenant to sublet under certain conditions. Tenant must get Landlord's written permission each time Tenant wants to assign or sublet. Permission to assign or sublet is good only for that assignment or sublease. Tenant remains bound to the terms of this lease after an assignment or sublet is permitted, even if Landlord accepts money from the assignee or subTenant. The amount accepted will be credited toward money due from Tenant, as the Landlord shall determine. The assignee or subTenant does not become Landlord's Tenant. The Tenant is responsible for the acts and neglect of any person in the Apartment. 14. Parking Spaces a. Street parking & Driveway (unless lower unit Tenant is occupying driveway) 15. Smoking Policy 5 | Page a. Smoking on this property is strictly prohibited. 16. Correcting Tenant's Defaults a. If Tenant fails to timely correct a default after notice from Landlord, Landlord may correct it at Tenant's expense. The landlord's cost to correct the default shall be added rent. 17. Tenant's duty to obey laws and regulations a. Tenant must, at Tenant's expense, promptly comply with all laws, orders, rules, requests, and directions of all governmental authorities, Landlord's insurers, Board of Fire Underwriters, or similar groups. Notices received by Tenant from any authority or group must be promptly delivered to the Landlord. Tenants may not do anything which may increase Landlord's insurance premiums. If Tenant does, Tenant must pay the entire increase in premium as added rent while the Tenant lives at the property. 18. Representations, changes in Lease a. Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others. This Lease may be changed only by an agreement in writing signed by and delivered to each party in the form of a Notice. Pursuant to applicable New York State Law, Owner shall notify Tenant of any rental increase greater than five percent (5%) of the rent as defined in Section 1.3 of this Lease. Pursuant to applicable New York State Law, the Owner shall notify Tenant of any Lease renewal or non-renewal prior to the expiration of the Lease term. 19. Landlord unable to perform a. If due to labor trouble, governmental order, lack of supply, Tenant's act or neglect, or any other cause not fully within Landlord's reasonable control, Landlord is delayed or unable to (a) carry out any of Landlord's promises or agreements, (b) supply any service required to be supplied, (c) make any required repair or change in the Apartment or Building, or (d) supply any equipment or appliances Landlord is required to supply, this Lease shall not be ended or Tenant's obligations affected. 20. End of term a. At the end of the Term, Tenant must: leave the Apartment clean and in good condition, subject to ordinary wear and tear; remove all of Tenant's property and all Tenant's decorations; If the Last day of Term is on a Saturday, Sunday or State or Federal holiday the Term shall end on the prior business day. 21. Space "as is" a. Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apartment "as is" except for latent defects. 22. Landlord's warranty of habitability a. Landlord states that the Apartment and Building are fit for human living and there is no condition dangerous to health, Life, or safety. 6 | Page 23. Landlord's consent a. If Tenant requires Landlord's Consent to any act and such consent is not given, Tenant's only right is to ask the Court for declaratory judgment to force Landlord to give consent. Tenant agrees not to make any claim against the Landlord for money or subtract any sum from the rent because such consent was not given. 24. Pets a. No pets have been approved for the term of this lease, the addition of any pets will require Landlord approval and a separate lease addendum. Landlord shall be held harmless in the event any of the Tenant's pets cause harm, injury, death, or sickness to another individual or animal. Tenant is responsible and liable for any damage or required cleaning to the Property caused by any authorized or unauthorized animal and for all costs Landlord may incur in removing or causing any animal to be removed. 25. Electronic Devices a. Tenant shall not use any equipment or devices that utilize excessive electrical energy, or which may, in Landlord's reasonable opinion, overload the wiring in the building or interfere with electrical services to other Tenants. Specifically, the Tenant shall not use nor permit any use of supplemental electrical heaters of any kind on Lease Premises. 26. Entire Agreement a. This Agreement contains all the terms agreed to by the parties relating to its subject matter including any attachments or addendums. This Agreement replaces all previous discussions, understandings, and oral agreements. The Landlord and Tenant agree to the terms and conditions and shall be bound until the end of the Lease Term. 27. Release from lease a. Unless Tenant is entitled to terminate this Lease, Tenant will not be released from this Lease for any reason, including, but not limited to, voluntary or involuntary school withdrawal or transfer, voluntary or involuntary job transfer, marriage, separation, divorce, reconciliation, loss of co-residents, loss of employment, bad health, or death. Tenant may terminate the Lease if Tenant enlists or is drafted or commissioned and on active duty in the Armed Forces of the United States. Tenant must provide Owner proof that Tenant qualifies for this limited exception. Tenant must give the Owner written notice of termination, thirty (30) days prior to the termination date. Replacing a Tenant, subletting, or assignment is allowed solely with Owner's written consent. If Owner approves a replacement Tenant, the replacement Tenant must sign this Lease or the remaining and replacement Tenant must sign an entirely new Lease. The owner reserves the right to require a Security Deposit from a replacement Tenant equal to the current rent. 28. Default by resident a. Tenant is in default when Tenant, Tenant's guest, or Tenant's occupant authorized or unauthorized violates any terms of this Lease including but not limited to the following 7 | Page violations: failure to pay rent or other amounts when due; violation of Community Policies or Occupancy Rules, or fire, safety, health, or criminal laws, or engages in dangerous behavior, regardless of whether or where arrest or conviction occurs; abandonment of the apartment; incorrect or false answers in rental application or false or fraudulent information in Owner requested documentation; arrest, conviction, or deferred adjudication for a felony offense; any illegal drugs or paraphernalia found in the Premises; engagement in any prohibited conduct; or in bad faith, making an invalid complaint to an official or employee of a utility company or the government. Holdover - Tenant, Tenant's guest(s), or Tenant's occupancy, authorized or unauthorized, must not hold over beyond the date determined to be the end of Tenant's tenancy (or beyond a different termination date agreed to by the Owner and Tenant in writing). If a holdover occurs, Owner shall be entitled for damages for the hold-over period plus any expenses incurred due to the breach of this condition of the Lease. 29. Lease termination and dispute a. This Lease may only be amended, waived, or terminated by the Owner in writing. Any oral promises, representations or agreements by the Owner shall not be considered legally binding. No action or omission of the Owner will be considered a waiver of any subsequent violation, default, or time or place of performance. The owner's non-enforcement or belated enforcement of any written notice requirement, rental due dates, acceleration, liens, or other rights shall not constitute a waiver under any circumstances. Waiver of Jury Trial 1. To minimize legal expenses and, to the extent allowed by law, Tenant and Owner agree that a trial of any lawsuit based on statute, common law, and/or related to this Lease shall be to a Judge of suitable jurisdiction and not before a jury. Force Majeur - Owner shall be excused from performance of obligations if Owner is prevented from fulfilling such obligations by an act of God, strikes, epidemics, war, acts of terrorism, riots, or other occurrence, which is beyond Owner's control. 30. Tenant' s Maintenance and Care of the Premises. a. In addition to the duties imposed upon Tenant by this or other provisions of this Lease, Tenant shall at all times maintain the Premises in good condition and in reasonably clean and safe manner. In addition, Tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the Premises or knowingly permit any person within Tenant's control to do so. Tenant shall use felt pads, rugs or similar scratch prevention materials under all furniture items or other items placed upon any hard surface flooring in the Premises. Bathmats or rugs shall be used on the floors in all bathrooms in the Premises to help prevent standing water on such floors. Tenant shall not place any additional locks on the Premises, including, but not limited to, exterior and interior doors. Landlord shall provide a key to the Tenant for the Premises and Landlord shall keep a duplicate key for access. Tenant shall not cause any of the locks or cylinders in the locks to be changed or re-keyed in any manner. Tenant must keep the Premises free and clear of all debris, garbage and rubbish. b. Except as may otherwise be permitted by applicable law, Tenant shall not perform or contract with third parties to perform any repairs of any kind on the Premises without the prior written consent of Landlord. If any repair which is the responsibility of either Tenant or Landlord becomes necessary, Tenant shall notify Landlord, in writing, as soon as possible and allow reasonable time for the work to be completed. Any unauthorized work performed or contracted for by Tenant will be at Tenant's sole expense and no deductions or offsets in Rent or Additional Rent will be permitted. 8 | Page Need a permission form for Tenant to hire 3rd party contractors. c. Tenant shall be responsible for all costs related to any repair or maintenance of any plumbing stoppage or slow-down caused by Tenant, whether accidental or purposeful. Tenant agrees not to place into any drain lines of the Premises any non-approved substances, such as cooking grease, sanitary napkins, diapers, children's toys or other similar object that may cause a stoppage. Tenant shall notify Landlord of any plumbing leak or slow drainage within twenty-four (24) hours. Landlord shall use reasonable efforts to remedy the plumbing problem. Tenant shall only use a plunger to attempt to fix a slow or stopped drain, and shall not pour chemical or other drain cleaners into any stopped or slow drains. Tenant shall also be responsible for any plumbing system freeze-ups occasioned by Tenant's negligence. d. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Landlord has informed Tenant of the need for prevention of moisture in the Premises and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, bathrooms, and around outside walls) for mold prevention. In signing this Lease, Tenant has examined the Premises and certifies that Tenant has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are an important part of Tenant's Lease obligations. e. Pest control, after the first ten (10) days of the Term of this Lease, shall be the sole responsibility of the Tenant, including, without limitation, prevention and remediation. Tenant shall keep the Premises free of all pests, including without limitation, rodents, fleas, bed bugs, ants, cockroaches, gnats, flies, and beetles. Tenant shall pay for all costs associated with remediating pests from the Premises and shall inform Landlord at first sighting of any pests in order to avoid any infestation of pests. In signing this Lease, Tenant agrees that Tenant has examined the Premises and certifies that it has not observed any pests in the Premises. f. To the maximum extent permitted by law, Tenant shall not be permitted to, and shall not permit any family, visiting friends, dependents, guests, licensees or invitees of Tenant to grow, produce, possess, consume, use, smoke, or ingest any marijuana, cannabis or any products or ingestibles containing marijuana or cannabis in any location in, on or about the Premises; the foregoing prohibition to be absolute and without exception and shall include any growing, production, possession, use or consumption pursuant to any medical use or medical prescription, or any medical, retail or recreational marijuana activities that may otherwise be permitted under any local, state or federal laws, rules or regulations now or hereafter in effect. Tenant's violation of this Section shall be an immediate and incurable Default of this Lease. g. No ice melt, salt or similar product may be used on the shared porch/stairs areas. Any damage to the Premises (including, without limitation, concrete walkways and stairs) caused by Tenant's use of ice melt, salt or similar product shall be the sole responsibility of Tenant, and Tenant shall be responsible for the cost and expense any repairs required as a result thereof. h. If Tenant changes the locks without supplying Landlord with a key, and Landlord is prevented from entering the Premises due to the lock change, Tenant shall be 9 | Page responsible for all costs of Landlord to enter the Premises by force, including, without limitation, any damage to the Premises. If Tenant is locked out of the Premises, and Landlord must unlock the door for Tenant, then Tenant will be charged a $50 service charge. i. The Premises have been equipped with battery powered smoke detectors and carbon monoxide detectors. Tenant agrees these detectors are in working order and agrees to periodically test and maintain the smoke detectors and keep them in working order. j. If the Premises is part of a multi-unit building, Tenant, shall have the non-exclusive right to use the common hallways of such building for access to and from the Premises, such use to be in common with Landlord, other tenants in the building and other persons permitted by the Landlord to use the same. If Tenant causes any damage to the common hallways, beyond normal wear and tear, Tenant shall pay all costs to repair such damage to Landlord within thirty (30) days after receipt of an invoice 31. Severability a. 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. By initialing below, you acknowledge and agree to the terms.