Sample Notice of Breach of Residential Lease

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Sample Notice of Breach of Residential Lease Powered By Docstoc
					                                          RESIDENTIAL LEASE AGREEMENT-- Created DATE
1. LEASE NAMES and TENANT LIABILITY
   A. The term ―Landlord‖ used herein shall refer to Mark C. Booth, 326 East Burd Street, Shippensburg, PA 17257; his legal representative(s); successors; and assigns.
   B. The term ―Tenant‖ used herein shall refer individually and collectively to TENANT NAMES.
      - Tenant’s signature following this Agreement affirms Tenant’s intent to be legally bound as Tenant to the obligations herein outlined.
      - The liability of each person signing as Tenant shall be joint and several meaning Tenant will be held liable for breaches of this Agreement by his/her co-Tenant.
      - Notice of breach given by Landlord to any individual Tenant shall be sufficient to put all persons signing as Tenant on notice of the breach.
      - A notarized Co-signer Agreement of Obligation is required in cases where rental history is not verifiable, unsatisfactory to Landlord, or insufficient in length of term.
   C. Co-signer shall be bound to the obligations of the individual Tenant for which the Co-Signer Agreement of Obligation is written.

2. LEASED PROPERTY and TERM DATES
   A. Landlord agrees to lease to Tenant the apartment designated as: 48 South Earl Street Apt #2, Shippensburg, PA 17257.
   B. This Agreement for the designated property has a start date on June 1, 2005.
   C. This Agreement for the designated property has an end date on May 28, 2006 at 12:00 midnight.

3. RENT AMOUNT, LATE CHARGES, DUE DATE and PAYMENT
   A. Tenant agrees to pay Landlord during the term of this Agreement the total rental sum of $6000.00.
   B. Tenant agrees to pay in advance utility charges that will be billed to Landlord for Tenant as set forth in Paragraph 4 Subsection A with ―Billed By‖ party being Landlord.
       - Landlord will maintain a billed utility account for each leased property with actual billings being equally divided among all persons signing as Tenant.
       - Tenant will receive a billing statement in any month that a negative account balance exists and said payment will be due with the next installment payment.
       - Any positive utility account balance indicating overpayment of actual utility use will be refunded at the end of the term of this Agreement.
       - Landlord estimates from history that the total utility charges that Landlord will bill to Tenant during the term of this Agreement is $480.00.
  C. Tenant agrees to pay Landlord during the term of this Agreement further charge of $0.00 as agreed in the Special Clauses addendum of this Agreement.
  D. The term of this lease shall allow for a maximum of twelve (12) installment payments with due date as set forth in Paragraph 3 Subsection E below.
      - Tenant wishing to pay any portion of the total rental sum before the installment payment due date, may do so.
      - At a minimum, each installment payment of $540.00 plus any late charges will be expected by the due date.
  E. Installment payment must be received by the first day of each month in advance for rent to be considered paid in a timely manner in Landlord’s reported rental history.
      - Tenant agrees that a full month’s rent is due for any month in which there is partial occupancy at the termination of this lease agreement.
      - Each individual signing as Tenant must have paid their portion of the total monthly installment in advance on or before the 5th day of each month to avoid late charges.
  F. Late charges will be billed to Tenant in the event that the rent is not received by the 5 th day of the month and said payment will be due with the next installment payment.
      - Each individual signing as Tenant shall pay a late charge of $2.00 per day for each day of the month during which their portion of the total monthly installment payment
         has not been received by Landlord from the first day the rent was due. For example, if the rent is received on the 5 th day of the month, no late charge is due; but if the
         rent is received on the 6th day of the month, the late charge is $12.00 (6 x $2.00) for each Tenant whose rent is late.
      - Landlord will use the postmark date of the mailed payments for assessing late charges. If the payment is postmarked by the 5 th, no late charge will be assessed.
  G. All payments must be mailed to Mark C. Booth, 3288 Tollgate Ridge Road, Big Cove Tannery, PA 17212. Personal checks and money orders are accepted.

4. UTILITY SERVICE CHARGES
   A. Landlord shall provide means of access to the following utilities and services for which Tenant accepts payment responsibility:
         Services:           Initiated       Billed By      Bill Cycle    Billing Method
         Natural Gas         Tenant          PPL            Monthly       Apartment usage metered --Directly billed by provider
         Cable(optional)     Tenant          Comcast        Monthly       Tenant selects service options for recurring charge--Directly billed by provider
         Electric            Tenant          Penelec        Monthly       Apartment usage metered--Directly billed by provider
         City Water          Landlord        Landlord       Quarterly     Apartment usage metered--Bill passed through Landlord from Borough—Rate based on building use
         City Sewer          Landlord        Landlord       Quarterly     Based on Water Usage—Bill passed through Landlord from Borough—Rate based on building use
         Refuse              Landlord        Landlord       Quarterly     Recurring charge by apartment--Billed by Landlord—Rate set at prevailing Borough apartment charge
         Recycling           Landlord        Landlord       Quarterly     Recurring charge by apartment--Billed by Landlord –Rate set at prevailing Borough apartment charge
         Phone(optional) Tenant              Sprint         Monthly       Tenant selects service options for recurring charges and usage based rates--Directly billed by provider
   B. Tenant agrees that Landlord shall have the right to temporarily stop utility and services as necessary to facilitate repairs and/or alterations at the leased property.
      - Landlord shall have no liability for failure to provide services when service is interrupted for repair, upgrade, or circumstances beyond the Landlord’s control.

5. SECURITY DEPOSIT and PRE-OCCUPANCY PAYMENTS
   A. Tenant shall pay a security deposit of $500.00 at the signing of this Agreement as a guarantee for the performance of the obligations of this Agreement.
   B. Tenant may not use the security deposit as payment for any month’s rent installment.
       - In the event of non-payment of an installment payment, Landlord reserves the right to retain the security deposit and prosecute the breach of this Agreement.
   C. Landlord may withdraw funds from security deposit to pay for any damages caused by Tenant or his guests, for cleaning beyond ordinary and necessary cleani ng, for
      failure to return keys, for non-payment of rental charges, for late fees, and for costs of prosecution, including attorney fees. See Rules & Regulations addendum for costs.
   D. Landlord will refund security deposit within thirty days after this Agreement has expired--given that the Tenant has given a valid forwarding address upon departure.
   E. Tenant shall pay the first & last month’s installment payment following the signing this Agreement and before occupancy start date of this lease.

6. LEASE START & OCCUPANCY
   A. This Agreement shall automatically begin at the start date specified in Paragraph 2 subsection B without regard to occupancy status of Tenant.
   B. If Tenant occupies the leased property before the start date, such occupancy shall be subject to the terms of this Agreement and rents shall be pro-rated.
   C. Tenant shall be required to provide Landlord with a signed Move-In inspection form prior to occupancy at the leased property.
       - The inspection form shall assist the Landlord and Tenant in identifying conditions that require repair, provide documentation to Landlord and Tenant of leased property
      condition, and provide a tool for unbiased evaluation of claims against security deposits should there be necessity.
   D. Tenant shall be required to have paid pre-occupancy installment payments prior to occupancy.
   E. In the event that Landlord cannot give Tenant possession of the leased property on the starting date of the lease because of circumstances beyond the Landlord’s control,
      the lease shall remain in effect and the rent shall be abated proportionately until the leased property is ready for occupancy. If the leased property is not available for
      occupancy sixty days after the lease start date, Tenant may, at his/her option, terminate the lease by written notice given to Landlord after the sixty days but not after the
      leased property is ready for occupancy. Landlord shall not be liable for delay. Tenant’s remedy shall be limited to right of cancellation with deposits being returned.

7. USE OF LEASED PROPERTY
   A. Tenant will use the leased property only as a personal residence and shall have no rights to use for any purpose any of the property of Landlord other than the interior of
       leased property, designated parking areas, and the sidewalks & roadways giving access thereto.
   B. Off-street parking at leased property is available for use by Tenant, but parking space is not guara nteed or assigned. All parking available on a first come / first serve
       basis.
     - Guest parking is permitted on a limited basis during daylight hours. Overnight parking is not permitted for guests and is subject to ticketing and tow after sunset.
   C. Tenant agrees to use due care in the use of the leased property, the appliances therein, and all other parts of Landlord’s property which Tenant has permission to use.
   D. Tenant shall not assign this lease or sublease any part of the leased property to anyone without the written consent of Landlord.
   E. Tenant will not allow anyone besides those persons signing this lease as Tenant to live at the leased property
8. LEASE END
   A. This Agreement shall automatically terminate at the end date specified in Paragraph 2 subsection C without the possibility of renewal and without notice to vacate.
   B. A breach of this Agreement may bring about a termination date sooner than the end date specified in Paragraph 2 subsection C.
   C. Tenant shall pay $50.00 per day for each day that the Tenant continues to occupy the leased property beyond the termination date.

9. RULES & REGULATIONS
   A. Tenant will comply and obtain compliance of all guests with all rules and regulations for the leased property. A Rules and Regulations addendum is attached.
   B. Landlord reserves the right to rescind any of these rules and make other and further rules and regulations as, in Landlord’s judgment, may from time to time be needed
       for the safety, care, maintenance, legal operation, and cleanliness of the building and the preservation of good order therein.
     - When rule additions are made and notice given to Tenant, the new rules shall have the same force and effect as if originally made as part of this Agreement.

10. IF TENANT BREAKS ANY AGREEMENTS IN THIS LEASE
   A.     Tenant breaks this Agreement if Tenant:
      - Shall fail to pay rent and/or other charges to the Landlord when due;
      - Shall default in any of the rules or obligations of this Agreement;
      - Remains at the leased property after the end date.
   B.     If an individual Tenant signing this agreement breaks the Lease Agreement, each individual Tenant and associated Co-signer shall receive written notice of the
         Landlord’s intent to legally prosecute according to the remedies provided by law.
   C.     If there is more than one person signing as Tenant, Landlord may seek legal remedy against a Tenant and associated Co-signer individually or all individual Tenants
         and associated Co-signers together as a group at Landlord’s option.
   D.     Landlord may use legal remedies in collection of overdue rent, other charges, and money damages caused by Tenant’s breach of this Lease; to get the leased property
         back through eviction of Tenant; and to collect unpaid rent through the end of the lease term or until another person moves i nto the leased property as a new tenant.
   E. Tenant may lose security deposit and be subject to use of court processes that allow Landlord to take Tenant’s personal goods, furniture, motor vehicles, and money assets.
   F. Tenant agrees that Landlord is entitled to attorney’s fees and reasonable Landlord costs once a lawsuit is initiated against Tenant for breaking this Lease Agreement.

11. MAINTENANCE and REPAIR
   A.    Landlord shall keep all systems, conveyances, appliances, and structural parts of the leased property in safe, good working order and reasonably free of rodents &
        insects.
   B.    Landlord shall provide access to utilities and services as listed in Paragraph 4 Subsection A.
   C.    Landlord shall pay all property taxes, assessments, insurance, mortgages, and utilities for common areas that are Landlord’s responsibility.
   D.    Tenant agrees to give notice to Landlord of the need for repair that Tenant that may be unknown to Landlord even if said repair is not part of Tenant’s leased property.
      - Tenant shall be held blameless for all required repair actions, unless the repair is necessitated by any act or lack of care.
      - Landlord or Agent will make necessary repairs to leased property and appliances therein within a reasonable time after Tenant notifies Landlord of the need for repairs.
      - Tenant understands that Landlord will make no repairs, additions, or changes to the leased property prior to Tenant’s occupancy date.
      - At Landlord’s option, an inspection may be performed by an independent third party at the expense of the Tenant for resolution of disputes regarding damage claims.

12. DAMAGE TO LEASED PROPERTY
   If fire or other casualty damages leased property, Landlord shall repair it within a reasonable time, and rent shall continue unless the casualty renders leased property
   untenable. If the leased property is untenable, this lease shall end and Tenant, upon payment of all rent to the date leased property is surrendered, shall not be liable for any
   further rent. If only a portion of leased property is rendered untenable, Tenant may, with mutual agreement of Landlord, choose to continue in possession and shall be entitled
   to a pro rata reduction of rent. The election to proceed under this alternative shall not be a waiver of the Tenant’s right to terminate the lease if repairs are not completed
   within a reasonable time.

13. DISCLOSURES
   Landlord has made disclosures on a) Lead Paint b) Radon c) Water/Sewer d) Recycling with regard to the leased property, which are attached in Disclosures addendum.

14. LANDLORD’S RIGHT TO ENTER LEASED PROPERTY
   Landlord shall have the right to enter the leased property at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and to make showings of
   the leased property. Landlord shall attempt to give reasonable notice in advance of entering the leased property; but in certain cases, may enter the leased property without
   notice given, when so done Landlord shall provide Tenant with notice of who was there and why within 24 hours of having visited leased property.

15. INSURANCE, RELEASE, and RESPONSIBILITY
   A. Landlord will maintain casualty insurance on the building where the leased property is located.
   B. Landlord’s insurance does not cover Tenant, Tenant’s personal property, or guests. Tenant is advised to obtain a ―Renter’s Insurance Policy‖ for proper protection.
   C. Tenant shall hold Landlord harmless for all damage to property or injury to people that is not the result of gross negligence.
   D. Tenant shall be responsible for all damage to the leased property and injury to people caused by Tenant or his guests.

16. SALE, SUBORDINATION, CONDEMNATION, MERGER & SPECIAL CONDITIONS
   A. Landlord has the right to sell the property subject to the rights of the Tenant to finis h the term of his/ her lease under the terms and conditions of this Agreement.
   B. Landlord may transfer this Lease including security deposits and advanced rent. Tenant agrees that this Agreement remains the same with new owner and that Landlord
      will have no duties regarding this Lease Agreement after the sale except to notify Tenant of name, address, and phone number of new o wner.
   C. Landlord may put a mortgage on the leased property. If Landlord has a mortgage on the leased property now, or if the La ndlord gets a mortgage later, Tenant’s interest in
      this lease is subordinate to the right of the lender. Tenant shall, upon request, execute such further instruments evidencing such subordinations as Landlord may request. If
      Tenant fails to do so, Landlord is empowered to do so in the name of Tenant.
   D. If the government or other public authority secure Landlord’s property for public use through an act of condemnation and such act renders leased property unusable, this
      Agreement will end and Tenant will move out. Landlord will return security deposits, advanced rent, and proportionately abate rent based on the date Tenant moves out.
   E. The Attorney General has not pre-approved any special conditions or additional terms added by the Landlord or Tenant after the plain language pre-approval of this
      contract. If it is found that any part of this lease is void because of any law, it will void only that part and not the entire lease. This Lease Agreement represents the entire
      understanding between the Landlord and Tenant. No spoken or written agreements made before are part of this Agreement unless they are included herein.

BY SIGNING THIS AGREEMENT, TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE AND
IS WILLING TO BE BOUND TO THIS LEGAL CONTRACT. IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO CONSULT AN ATTORNEY.



TENANT:____________________________________ TENANT:____________________________________ LANDLORD:_________________________________



TENANT:____________________________________ TENANT:____________________________________ DATE SIGNED:_____________________
RULES AND REGULATIONS ADDENDUM
         TENANT WILL NOT:
          Make or permit any unreasonably disturbing noises to be made by himself, members of his family, guests, or permit anything to be done that will interfere with the
         rights, comforts, or convenience of any neighbors or other occupants of the building. Borough Police will issue citations when violations occur.

         Leave guests unattended any where on the Landlord’s property.

        Willfully deface, destroy, or damage Landlord’s property in any manner. Tenant will be billed actual time and material costs to replace and/or repair damage.

        Use hooks, nails, or screws larger than size ―brad‖ in walls or ceilings for hanging decorative objects. Tenant will be billed actual time and material repair cost.

        Alter or make additions (example: Painting, installing shelves, wire outlets); or add, remove, enter, or change any locks at leased property without the Landlord’s
         written consent. Tenant will be billed actual time and materials cost to restore property. Upon Landlord consent such alterations are subject to Landlord
         specification and inspection and shall become part of Landlord’s property when this Agreement terminates. Landlord must have a key to all locks at property.

        Engage in actions which may have an adverse affect on the insurance for the building (examples: Storing loaded guns or flammable materials)

        Sweep or throw from the windows or into the stairway any dirt or other substance.

        Hang anything from the windows except draperies. Blinds are supplied for all windows.

        Place furniture on lawns or at any place other than Tenant’s leased property.

        Place articles in common areas, staircase landings, or other areas of property. Landlord shall remove items and bill tenant for actual cost of time and storage.

        Place, even temporarily, garbage; refuse; and other waste matter anywhere on Landlord’s property except in trash receptacles internal to the leased property or in the
         dumpster at rear of the property. Refuse removal shall be billed to Tenant at $5.00/bag for bagged item removed and $25.00/bag per unbagged item.

        Place recyclable materials in the dumpster with normal refuse. Landlord’s process for meeting Borough recycling rules is outlined in the Disclosures addendum.
         Containers are provided for the Tenant’s use in separating recyclable materials for normal refuse. Failure to comply may result in fines imposed by Borough.

        Allow pets or animals of any kind within the leased property except as prescribed in Pet Clause addendum attached as part of this lease. Should this rule be
         violated, Tenant will be billed $25.00 for each day or part of day that animal remains at leased property in violation of this Agreement. Tenant further agrees to pay
         for professional cleaning of leased property upon Landlord’s discovery of the animal. Pet Clauses added to this lease agreement during the term of the lease due to
         detection of violation will be billed normal monthly Pet Clause rentals from the beginning of lease term plus $100.00 for document preparation.

        Violate any federal, state, and/or local laws and regulations at the property site or anywhere on premises of Landlord’s property. Tenant shall bear the responsibility
         of prosecution and all costs that may be incurred by Landlord because of Tenant’s action. (Example: Parking violations, exterior furniture ordinances, recycling).

        The distribution, use, and/or possession of controlled substances or paraphernalia, whether decorative or not, that could be conducive to such use is strictly
         forbidden at the leased property. Any such violation shall be grounds for IMMEDIATE EVICTION.

        Maintain a temperature of less than fifty-five (55 F) in any room at the leased property. Tenant shall provide for inspection during cold periods if Tenant has
         departed the leased property for any extended period of time. Tenant shall be billed actual cost of time and material for any damage caused by freezing pipes.

        Install a waterbed at the leased property.

        Use toilet and other water apparatus in a manner unsuited for the purposed construction. Sanitary napkins, tampons, disposable diapers, sweepings, rubbish, rags, or
         any other improper articles should not be disposed through this means. Tenant shall be billed actual cost of time and materials for repairs from misuse.

        Disconnect or otherwise render smoke and carbon monoxide detectors with which the property is equipped inoperable. Smoke detectors are hard wired with battery
         backup. Smoke detectors will audibly chirp when battery needs replaced; however, Tenant is responsible for periodically inspecting that the detector is functioning
         properly. Landlord shall not be responsible for malfunction of smoke detectors.

        Discharge fire extinguisher with which the property is equipped unless a fire emergency exits. Tenant shall replace any exti nguisher that has been discharged.

        Will not take electric light bulbs and fluorescent starters from common areas for replaceme nt use in the leased property. Tenant shall supply bulbs and starters.

        Allow ice and snow accumulation in any area frequented by Tenant or Tenant’s guests in accessing leased property. Landlord s hall designate tools and provide
         chemicals that are to be used/distributed in the timely removal of ice and/or snow that might create a safety hazard.

        Hold Landlord responsible for injury resulting from any violation of these rules and regulations by Tenant.

        Write personal checks that will be returned by the bank for insufficient funds. When a personal check is returned from the bank for insufficient funds, a $25.00
         charge will be billed to the tenant or accrued late charges whichever is greater; and the use of personal checks shall be suspended for the future.

        Provide less than the most recent past (3) three-year period rental history unless a Co-Signer Agreement of Obligation is provided.

BY SIGNING THIS AGREEMENT, TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL OF THE RULES AND REGULATIONS:


TENANT:____________________________________ TENANT:____________________________________ LANDLORD:_________________________________



TENANT:____________________________________ TENANT:____________________________________ DATE SIGNED:_____________________
DISCLOSURES ADDENDUM
DATE OF LEASE:          CREATE DATE
TENANT       :          TENANT NAME
LANDLORD     :          Mark C. Booth
PROPERTY     :          48 South Earl Street Apt #2, Shippensburg, PA 17257

RADON GAS DISCLOSURE:
Landlord hereby certify that:
Landlord has no knowledge of the absence or presence of Radon.


LEAD-BASED PAINT DISCLOSURE:
Lead Warning Statement…Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly.
Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of known lead-based paint
and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.

Landlord hereby certifies that:
Property WAS built in 1978 or before;
Landlord does not know of any lead-based paint or lead-based hazards (dangers) on the Property;
Landlord has no reports or records about lead-based paint or lead-based paint hazards(dangers) at the Property.


WATER/SEWER DISCLOSURE:
Landlord hereby certifies that:
Water supply for leased property is provided and maintained by Borough Authority and is not sourced from private well located on the leased property.
Sewer disposal for leased property is provided and maintained by Borough Authority and is not stored locally on the leased property.
Landlord does not know of any quality related hazards relating to water supply or sewer disposal or the distribution means to or from the leased property.



RECYCLABLES PROCESS DISCLOSURE:
Recycling Process Statement…The Borough Code of Shippensburg, Chapter 99, Article III provides for a recycling program to be instituted for the Borough of Shippensburg.
Section 99-22, Subsection D maintains that every owner of apartment building shall establish a collection system process that shall be disclosed to the Tenants of the building
expected to abide by said collection system process. Tenants who fail to comply with this collection system will be subject to fines as designated by Article III, Section 99-30,
of Chapter 99 of not less than $100 nor more than $1000 or 30 days imprisonment with each day of violation constituting a separate offense.
           COLLECTION SYSTEM PROCESS:
                  -     All newspaper shall be tied in bundles not exceeding 35lbs in weight or 1 foot in thickness.
                  -     Cardboard shall be flattened and placed in bundles not exceeding 1 foot x 3 foot x 3 foot.
                  -     Glass containers shall have caps and lids removed.
                  -     Glass and cans shall be rinsed free of contaminants.
                  -     Glass & plastics must be separated from metal by container. Glass of different types may be commingled. Metal of different types may be commingled.
                  -     Large recyclable containers exist proximate to refuse dumpster and are labeled—Glass for glass recyclables and Metal for metal recyclables.
                  -     All glass and metal recyclables go into the large recyclable containers.
                  -     Newspaper and cardboard must be placed at curbside for pickup on the designated pickup day each week.
                  -     All recyclables must be kept in the leased apartment until pickup day or placement in recycling containers provided.
                  -     You may call the Borough Office for more information on recycling pickup dates at (717) 532-2147.




TENANT AGREES THAT TENANT HAS RECEIVED THE PAMPHLET--PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME.
BY SIGNING TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL OF THE DISCLOSURE INFORMATION ABOVE:




TENANT:____________________________________ TENANT:____________________________________ LANDLORD:_________________________________



TENANT:____________________________________ TENANT:____________________________________ DATE SIGNED:_____________________

				
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