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LEASE AGREEMENT

 

This lease has been signed on DATE  between Backwoods Management Services, LLC the “Owner” and TENANTS NAMES referred to as “Tenants” in this lease.  The Tenants, agree that Owner leases to Tenants and the Tenants rent from the Owner, the house or apartment designated as APARTMENT ADDRESS, Indiana Pa, 15701 called the “Premises” in this lease.  This lease is for the terms of Fall 2016 and Spring 2017, at a rent of PRICE per person, per semester. 

                                                                    

            Payment for Fall 2016 –       PRICE Due from each resident by July 01, 2016

            Payment for Spring 2017 – PRICE Due from each resident by November 01, 2016

 

THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING CONTRACT BETWEEN THE LANDLORD AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULLY.

 

THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR RIGHTS AS A TENANT. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE.

1. Occupancy of the premises:  The Premises is to be used as a residence only and only by the Tenants enrolled at Indiana University of Pennsylvania specified on this lease.   Moving in will be permitted two days before the first day of classes for Indiana University of Pennsylvania.  Moving out date is the day following the last day of final exams for Indiana University of Pennsylvania. 

2.  No pets: Tenants agree not to have any dogs or cats on the Premises. 

3.  No beer kegs:  Tenants agree not to have any beer kegs in excess of five gallons on the premises. 

4.  Payment of rent: Tenants agree to pay to the Owner the rent stated above.  If tenants are using a refund to pay their rent, they must pay half of the rent by the date stated above and must pay the remainder of the rent when the refund is received.  If you are in this situation, you must fill out the ‘Refund Payment Plan’ policy when signing this lease otherwise, payment in full will be required on July 1, 2016 and November 1, 2016.

5.  Lease Responsibility:  Tenants are responsible for the terms of this lease for the Fall 2016 semester and the Spring 2017 semester.  If for any reason, the tenant will not be occupying the premise for one or both semesters, they are required to fulfill the lease agreement unless a replacement tenant that is enrolled at Indiana University of Pennsylvania is found and an addendum lease is signed by the new tenant.  If a tenant decides to sublet their lease, no matter one or both semesters, they automatically forfeit their $300 security deposit to Backwoods Management Services.  Potential sublets must be gender specific to the tenant that is subletting. Backwoods Management reserves the final approval of any potential sublets.

  _______ Tenant   ________ Tenant   _________ Tenant   _________ Tenant   _________ Tenant

6.  Final Inspection:  Arrangement for final inspection prior to vacating premises at lease termination must be made at a time convenient to both Tenants and Owner.

7.  Cleaning/Damage deposit: Each person signing this lease as a Tenant shall pay $300 (three-hundred dollars) as a cleaning/damage deposit at the time of signing of this lease.  The cleaning/damage deposit shall be held by the Owner as security for the payment of all rent and other amounts due from Tenants to the Owner, for terms of this lease, and against any damages caused to the Premises or any other part of the Owner’s property by Tenants, their family and guests.  Tenants understand and agree that the cleaning/damage deposit may NOT be applied as rent or against any other amount due from Tenants to the Owner, or any other expense incurred by Tenants during the term of the lease, without the Owner’s written consent.  Within thirty (30) days following termination of this lease, the Owner shall return the cleaning/damage deposit to the Tenants, less any deductions from it due to amounts owed by Tenants to the Owner, by check payable to all Tenants signing this lease.

8.  Use of Premises:  Tenants agree to use the Premises only as the personal residence of Tenants, and not to assign this lease or sublet the Premises, without the written consent of the Owner.

9.  Alterations to the Premises are prohibited:  Tenants agree not to alter or make additions to the Premises, its painting or its fixtures and appliances without the Owner’s written consent.  Tenants agree that they will not do or permit others to do any act or practice causing damage to the Premises, or which may be unreasonably disturbing to other Tenants, or which may affect the insurance on the building, or which is contrary to any law.

Initials: _______ Tenant   ________ Tenant   _________ Tenant   _________ Tenant   _________ Tenant

10.  Cost of utilities: Tenants understand that the equipment for utilities to serve the Premises is installed and Tenants agree that the cost of the utilities shall be paid as follows:

            Garbage collection charge       to be paid by Owner

            Sewer charge                           to be paid by Owner

            Recycling fees                         to be paid by Owner

            Cable                                       to be paid by Tenants

            Telephone                               to be paid by Tenants

            Gas                                          to be paid by Owner (with the following limitations)

            Electricity                                to be paid by Owner (with the following limitations)

            Water                                      to be paid by Owner (with the following limitations)

Note:  Owner will pay for gas, electricity and water according to the following limitations.  The Tenants will pay the cost of Gas, Electricity and Water exceeding these limitations:

Gas:  An average of $65 per month, by averaging the bills for time of occupancy.

Electricity:   An average of $40 per month, by averaging the bills for time of occupancy.

Water:  An average of $40 per month, by averaging the bills for time of occupancy.

Cable: Backwoods Management will not be accountable for any charges by the cable company for cable wiring through out the premise.  Any written permission requested by the cable company will be provided by Backwoods Management as necessary for standard installation of the cable and internet.

Tenants agree that the Owner shall have the right to temporarily stop the service of electricity, water or gas in the event of accidents or emergencies or to facilitate repairs or alterations made on the Premises.  The Owner shall have no liability for failure to supply heat, electricity, hot water or other services or utilities when such failure is necessary to make repairs, or is beyond the Owner’s control.

11.  Inspection/Check-In Check-Out:  It is the TENANT’S responsibility to mail and return a completed signed copy of the Inspection Check-In Check-Out sheet within ten (10) days of fall semester move in to LANDLORD.  If not returned within the first ten (10) days, TENANT agrees that the leased premise is in clean and satisfactory condition.  When this lease expires, TENANT is responsible for all cleaning and damages and items needing repair with the exception of those items listed as unsatisfactory on the initial check-in check-out inspection sheet. Individual charges are incurred to each tenant’s room only. All other charges in common areas such as bathrooms, living room, kitchen and hallways will be charged evenly amongst the group if any damages have occurred during the lease term. Tenants will have in their apartment, upon arrival, a move in folder with the inspection check sheets. A prepaid postage envelope addressed to our office location will also be inside the move in folder. The completed check sheets then must be mailed and post marked no later than (10) days after the fall semester move in date.

_________Tenant     ________Tenant     ________Tenant     ________Tenant     ________Tenant

12 Parking –250/258  S.7th Street parking is $200.00 per semester per vehicle up to 3 vehicles per house. 

Parking passes are on a first received payment first serve basis and is the responsibility of the group who receives the 3 allotted parking passes per apartment. Do not involve Backwoods Management in your parking decision making process.  Payment for fall parking will be accepted when your first rent payment is due on July 1, 2016. Do not pay for parking online and any payment mailed before July 1, 2016 will be returned to the sender. Please make check or money order out to Backwoods Management. Do not mail more than 3 check to our office prior to figuring out among the group who is receiving the parking pass. Parking for spring semester will begin when your spring rent payment is due on November 1st. You must be current with all prior payments for fall in order to be considered for purchasing a spring semester parking pass.

Included with your payment you must provide a photo copy of your valid driver’s license and a photo copy of the valid vehicle registration card of the vehicle that you will be parking in the lot. Your driver’s license address must match the vehicle registration card. If your driver’s license and vehicle registration address does not match you must provide documentation that the vehicle registration is in your families or legal guardian’s name. Backwoods Management will not and does not sell its parking permits to any other individual other than the tenants of the buildings. After we receive your parking payment we will mail the parking pass to your home address 2 weeks prior to the start of the fall semester.  It is the tenants responsible to find alternative parking if you are in need of more than 3 passes allotted.

_________Tenant     ________Tenant     ________Tenant     ________Tenant     ________Tenant

13.  Maintenance and repairs:  Major maintenance and repairs of the Premises, not due to Tenants’ misuse, waste, or neglect or that of their family or guests, shall be the responsibility of the Owner.  Tenants agree to use due care in the use of the Premises, the appliances within the Premises, and all other parts of Owner’s property.  Tenants agree to give notice to the Owner of the need for repairs.  Tenants will pay for all repairs to the Premises, its contents, and to all other parts of Owner’s property which are necessitated by any act or lack of care on the part of Tenant, members of Tenant’s family or their guests within five days of being presented with a bill from the Owner.  Costs of repairs due to willful acts, misuse and neglect will include the cost of materials and labor.  The Owner will make necessary repairs to the Premises and appliances within a reasonable time after Tenants notify the Owner of the need for repairs.  All light bulbs will be replaced at the expense of Tenants.  Tenants will be charged for plumbing repairs if inappropriate objects are found to be in the drains or toilets.

14.  Occupancy prior to term of this lease:  If tenants wish to occupy the premises before the beginning of the term, it will be subject to availability of the Premises.  It is Tenants responsibility to let the Owner know in advance if early occupancy will be needed.   Such occupancy shall be subject to the terms of this lease.  The Tenants shall pay rent for that period in advance of moving in.  Rent will be $20.00 per day per person.

Initials: _______ Tenant   ________ Tenant   _________ Tenant   _________ Tenant   _________ Tenant

15.  Tenants’ property damage or personal injury:  Tenants agree that the Owner shall not be liable for property damage or personal injury occurring on the Premises or elsewhere on Owner’s property unless the damage or injury would result directly from the Owner’s negligence.  The Owner is not responsible for the loss of personal property caused by fire or theft.  The Tenants will be individually required to obtain their own Renters Insurance Policy.

16.  Insurance:  Landlord agrees to carry fire and liability insurance on the building.  Landlord strongly recommends that tenants carry fire and liability insurance in the form of Renter’s Insurance**.  Renter’s Insurance will protect the Tenant, Tenant’s Property, and their guests.  Tenant’s personal property is not insured under landlord’s policy.  If there is any loss of property by fire, theft or any other means, Tenant agrees to relieve Landlord from all responsibility.  Tenant agrees to directly pay for this loss or any claims filed. 

**Renter’s Insurance:  Management strongly encourages each tenant to obtain a Renters Insurance Policy prior to occupying the premise.  The policy should be effective the entire length of the lease.  The policy needs but is not limited to only having the minimum coverage. Information listed on the policy needs to included, but is not limited to, Tenants name, home address, home phone number, location/address of rental property, Additional interested parties: Backwoods Management Services, LLC. and JD & CD, Inc., 400 Woodland Park Drive, Apollo, PA 15613, Personal Property Protection coverage, Family Liability Protection coverage, and Guest Medical Protection coverage.

Initials: _______ Tenant   ________ Tenant   _________ Tenant   _________ Tenant   _________ Tenant

17.  Fire or other casualty:  If the Premises are damaged by fire or other casualty, the Owner shall make repairs within a reasonable time and rent shall continue unless the casualty renders the Premises uninhabitable, in which case this lease shall terminate and Tenants, upon payment of all rent to the date the Premises are surrendered, shall not be liable for any further rent.  If only a portion of the Premises are rendered uninhabitable, the Tenants may, with mutual agreement of Owner, alternatively choose to continue in possession and shall be entitled to a prorated reduction in the amount of rent.

18.  Owner’s entry into the Premises:  The Owner, or any person authorized by him shall have the right to enter the Premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease and to show the Premises to prospective tenants.  The Owner will make all reasonable attempts to notify the Tenants in advance of entering the premises, except in emergencies, or in cases of blatant lease violations such as the presence of beer keg, cats, dogs and obviously destructive guests, etc.

19.  Compliance by Tenants, family members and guests:   Tenants agree that they will comply with and also ensure compliance by members of their family, and their guests with the occupancy regulations, which are printed within this lease.

20.  Fees for late payment of rent:  If the rent and or any other charges are not paid by the date agreed upon in this lease, a charge of twenty-five ($25) dollars plus two ($2) dollars per day late charge shall be charged, until rent due is paid along with assessments.

21.  Nonpayment of rent:  If any monies due under this lease agreement are unpaid when due, the Tenant understands that nonpayment constitutes a Violation of this lease.  The Landlord has the right to pursue legal action to recover unpaid rent and damages against the Tenant for the amount together with costs, interest and attorney’s fees in the amount of 25% in addition to the amount due.  The Owner or agent has the right to recover possession of the leased premises through eviction.  The Owner or agent will then have the right to proceed through legal action to collect monies due.

 21.1 Attorney Fee’s: In the event action is brought by any party to enforce any terms of this agreement or to recover unpaid rent and or security deposit damages, the prevailing party shall recover from the other party reasonable attorney fees.

It is acknowledged, between the parties, that jury trials significantly increase the costs of any litigation between the parties. It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. On this basis, all parties waive their rights to have any matter settled by jury trial.

Initials: _______ Tenant   ________ Tenant   _________ Tenant   _________ Tenant   _________ Tenant

22.  Reporting of Past Rent Owed:  Tenant is aware that Landlord may report any past rent, damages or other costs to credit reporting agencies.  Tenant understands this reporting could affect Tenants ability to obtain credit or future housing.

23.  Notice to Tenants:  All notices required to be given by The Owner to Tenants shall be sufficiently given by mailing first class through the U.S. Postal system, or by leaving the correspondence with the Tenant on the Premises.   Notices given by Tenants to the Owner must be given by registered mail, and admissible evidence that notice has been given by Tenants shall be a registered mail return receipt by the Owner

24.  This lease is the only agreement:  It is expressly understood and agreed by and between the Owner and the Tenants that this lease and the Rental Applications signed by each of the Tenants are the only promises, agreements, conditions and understandings between Owner and Tenants.  There are no promises, agreements, conditions or understandings, either oral or written, between the Owner and the Tenants other than this lease agreement.  It is further understood and agreed that no other alteration, amendment, change or addition to this lease shall be binding upon Owner or Tenants unless reduced to writing and signed by them.

25. Transfer of property by the Owner:  In the event of the sale of the property during the term of this lease, the new Owner takes the property subject to the terms on this lease.

26.  Joint and several liabilities:  The term “Tenant”, used in this lease, shall refer collectively to all persons named above and signing this lease. The liability of each Tenant shall be joint and several.  Notice given by Owner or Agent to any person named as Tenant, or any such person to Owner or Agent, shall bind all persons signing this lease as Tenant.

27.  Waiver of notice to quit:  Residents waive the usual notice to quit and agree to surrender said premises at the expiration of said term, or at the termination of this lease without any notice whatsoever and expressly waives all notices and demands which may or shall be required by any statute of this Commonwealth.

28.  Damage to Owner’s property:  Any damage to Owner’s property not claimed by a specific Tenant will be equally charged to all Tenants

29.  Cleaning the premises:  The Premises must be kept clean at all times.  Carpets should be vacuumed regularly.  All trash must be removed on a regular basis. 

At termination of the lease, Tenants will be provided with two options:

            1:  Cleaning by a professional cleaning service:  An estimate of the cost will be provided by the Owner for cleaning by a professional cleaning service which will be paid by the Tenants. Carpets must be cleaned by a professional steam cleaning service prior to tenants moving out.  The carpet cleaning company must be approved by Backwoods Management Services. A copy of the bill must be presented to Backwoods Management. Carpets must be cleaned by steam high mount device reaching 200 degrees not buy any other shampooing devices or portable steam units. 

            2:  Tenants clean the premises themselves:  Owner will provide a list of all cleaning needed to bring the Premises to move in condition.  Any cleaning not done properly by the tenants will be done by a cleaning service of the Owner’s choice.  The cost of this will be deducted from the cleaning/damage deposit.

30.  Keys:  Keys that are assigned to you may not be given to anyone else.  Entrance into your locked Premises is by key only.  At termination of lease, Tenants must surrender all keys to the owner.  Failure to do so shall result in a $5 charge, which will be withheld, from Cleaning/Damage Deposit.

31.  Tenants abandoning any personal property:  When the lease is terminated, any personal property left on the Premises shall be conclusively deemed abandoned. Tenants may be charged for removal of personal property.

32.  Snow removal is the responsibility of the Tenants.

33.  Cutting the grass is the responsibility of the Owner.

34.  Tenants’ and their guest’s behavior and actions:  Tenants are responsible for his or her behavior or actions as well as for any guest(s).

35.  Noise:  Tenants’ must keep the noise at a tolerable level.  If noise disturbances are reported by other tenants or police, tenants will be given one warning.  The second notice by other tenants or police is cause for immediate termination of this lease and eviction.

36.  Violations of the terms of this lease will be a cause for immediate termination of this lease and eviction.

37.  Posters: Residents should use thumbtacks to hang posters and other items.  Tenants are not to use adhesive products or tape to hang items from the walls, cabinetry or ceiling.  Tenants may be charged for damages from tapes and adhesive products.

38.  Parental guarantee:  Residents agree that the parents of each Tenant will sign a guarantee to ensure the enforcement of this lease.  The guarantee must be signed and returned within 10 days of the signing of the lease.  If the Guarantee is not received by the Owner within 10 days, the Owner may exercise the option of invalidating the lease agreement for the entire group at anytime after the 10 days if all guarantees are not in the possession of Backwoods Management Services.

Initials: _______ Tenant   ________ Tenant   _________ Tenant   _________ Tenant   _________ Tenant

39.  Garbage and recycling:  A dumpster is provided on sight of the 250/258 South 7th Street location. Tenants are to take their garbage to the dumpster at their convenience.  No garbage is to be placed on porch or remain outside the premise according to the Indiana Borough Code Authority. If the landlord has to remove any trash on porches the tenants will be charge by the landlord $20 per bag of garbage to be removed.

40.  Smoke and Carbon Monoxide detectors:  Either battery operated or integrated electrical smoke alarms are installed in the Premises and all are in working order. For the battery-operated system, Tenants are responsible for periodically checking to see if battery is in working order.  If not, Tenants must replace battery immediately.  Carbon Monoxide detectors are installed and it is the responsibility of the Tenants to regularly check the batteries and working condition of the detector.

41.  Lead-based paint notice:  Tenants must be informed if Landlord has any knowledge of the presence of lead based paint or lead based hazards in the leased premises.  Tenant acknowledges having been informed of any lead hazards that may exist in the leased premises.

  _______ Tenant   ________ Tenant   _________ Tenant   _________ Tenant   _________ Tenant

42.  Fire escape hallways:  (7th Street properties only)  Tenants are never permitted to prop open, or in any other way obstruct the security door into the fire escape hallways.  Residents are never to allow non-residents of the building to have access to the fire escape hallways, except in the event of emergencies.

43.  Indiana Borough Violations: Due to laws placed upon the Owner’s of the buildings in the Borough of Indiana, the Owner of residences in the Borough of Indiana will be sited directly for any violations that the tenants commit during the lease term.  The violations include but are not limited to garbage offenses and noise.  The Borough Code Enforcement Officers will issue only ONE warning per address.  After the second violation there will be a citation issued with a fine and sent to Backwood Management Services.  The fines will continue to increase for up to THREE separate violations.  After the THIRD violation, the Borough of Indiana will terminate the occupancy license for the apartment, which means that the current tenants will need to vacate the property within 10 days of receiving the notice.  If the occupancy permit for the property is revoked, the tenants will be held responsible for payment of the loss of rents and the cost of re-instatement of the occupancy license as the Borough fee schedule states in their building code.  As Backwoods Management receives the citations, the company will issue a notice to the current tenants to be reimbursed for the fine plus a $25.00 (twenty-five dollar) fee added for processing and collecting the payment.  The fine must be paid within 5 days or the total fine will double every day after that until paid.

44. Number of Occupancy: Please be advised that you and only the persons that have signed this lease agreement are allowed to occupy the premise during the term of this lease agreement. The occupancy for your unit/dwelling is 4 persons. The Indiana Building Code Authority reserves the right to enter the premise without notice during the hours of 8:00am and 8:00pm for the purpose of making certain that the dwelling or unit is in compliance to Indiana Building Ordinances. The max occupancy for your house is 12 persons at one time. Counting the occupants of this lease agreement as the first 4 persons. Any persons above the max occupancy will considered “trespassing”.

 

 

Owner: Backwood Management Services, LLC.__________________ Date_______

                                                C/O Tim Brestensky

                                                P.O. Box 322 Leechburg, PA 15656

                                                Phone: 724-733-9422

                                                Fax:  724-733-0139

                                                Cell phone:  724-681-8381 E-Mail:  iupapts@windstream.net

 

 

TENTANTS NAMES, ADDRESSES, PARENTS NAMES, AND TELEPHONE NUMBERS LISTED BELOW.