CASA MIA APARTMENTS 140 N. DUCK #42 STILLWATER, OK 74075 PHONE (405) 372-1228 FAX (405) 372-1228 [email protected]
CASA MIA LEASE AGREEMENT This Lease, made this day Apartments, hereafter called Lessor, and hereafter called Lessee(s).
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Witnesseth: Lessor hereby leases and rents to Lessee, and Lessee hereby takes as tenant under Lessor, the following described premises, To-wit: North Duck St., Apartment # Stillwater, OK 74075 County of Payne, to be used by Lessee as a lawful private dwelling, and the appurtenances thereunto, belonging, and also all the furniture, carpets, and other personal property specified in the schedule hereto annexed marked “Exhibit A” and made a part hereof, from the day to the day , inclusive. IN CONSIDERATION WHEREOF, and the covenants hereinafter expressed, it is covenanted and agreed as follows: 1) Rent: Lessee agrees to pay to Lessor, or Lessor’s agents, in advance, at the office of Lessor or said agent on the first day of each month of said term, as rent for said premises, the sum of dollars ($ ) per month. (2) Late Payment Penalty: Rent is due and not paid on or before the close of business on the 5th of the month shall be assessed a $25.00 penalty plus $3.00 a day until rent is paid. (3) Possession: Lessor shall not be liable for the failure to deliver possession of leased premises, other than to the extent of abatement of rent from the date of the commencement of lease to the day possession is delivered to Lessee on the rental basis herein set forth. (4) Damages to Premise: Lessee is and shall be responsible and liable for any injury or damage done to the leased premises or the building in which the same are located, by Lessee, his employees, or any occupant of or other persons whom Lessee permits to be in or about the leased premises. Lessee is liable for any damage to the premises caused by Lessee’s failure to properly heat the premises during cold weather. Lessee is liable for stoppage of plumbing drains caused by grease, sanitary napkins, or other nonsewage items. Lessee shall pay the expense of replacing all glass broken and shall replace all lost or broken keys and maintain the premises in such condition, order and repair as the same are in at the commencement of the term, or may be put in during term, reasonable wear and tear and damage by fire or other casualty expected, and he shall permit no waste of the leased premises nor allow the same to be done, but he shall take good care of the same; Lessee shall not attach any article of permanent character without the written consent of the Lessor and he shall on the termination of this lease surrender to Lessor the quiet and peaceable possession of the premises in like good order as at the commencement of the term, natural wear and tear expected.
(5) Sublease: Lessee shall not have the right or power to sublet the premises or any part thereof, or to transfer or assign this lease without the written consent of Lessor. (6) Occupants: The only authorized occupants of the premises are:
(7) Key and Cleaning Deposit: Lessee agrees to deposit with Lessor, at the time of signing this agreement, dollars $ ) and said sum to be returned to Lessee at the termination of this agreement providing keys are returned to Lessor and the premises are vacated in the same clean condition as they were when received by Lessee. $100.00 for 1 bedroom and $150.00 for 2 bedroom is non-refundable for shampooing of carpets. (8) Reentry: Should Lessee at any time during the continuance of this lease remove or attempt to remove the furniture and effects from the leased premises, or if an execution or other process be levied upon the interest of Lessee in this lease, or if a petition in bankruptcy be filed by or against Lessee in any Court of competent jurisdiction, Lessor shall have the right, at his option to reenter and take possession of the leased premises and to annul and terminate this lease, or at this option, the whole rent for the entire term of this lease shall at once become due and payable and he may proceed by attachment suit or other process to collect the rent for the entire term in the same manner as if by the conditions of this lease the whole rent for the entire term were due and payable in advance. (9) Prohibited Purposes: Lessee shall not permit any un-lawful and immoral practice to be committed on the premises; nor shall he permit them to be used as a boarding or lodging house, for rooming or school purposes, nor for instruction in music, nor for any purpose which will increase the insurance rate; nor shall he permit to be kept or used on the premise inflammable fluids or explosives without the consent of Lessor; nor permit them to be used for any purpose which will injure the reputation of the building or which will disturb the tenants of the building or the inhabitants of the neighborhood. (10) Condition of Premises: Lessee has examined premises, is satisfied with the physical condition and his taking possession is conclusive evidence of receipt of them in good order and repair, except as otherwise specified in Exhibit (B) attached hereto and made a part of this agreement; and he agrees that no representation as to condition of repair has been made except as is contained in the lease and he agrees that no promise to decorate, alter, repair or improve the premises bas been made except such as in contained in the lease. (11) Abandonment: If the leased premises shall be abandoned or become vacant during the term of this lease, without Lessee having paid in full the rent for the entire term, then in such case Lessor shall have the right at his option, to take possession of the leased premises and let the same as agent of Lessee and apply the proceeds received from such letting toward the payment of the rent of Lessee under this lease, and such reentry and reletting shall not discharge Lessee from liability for rent, nor from any other obligations of Lessee under the terms hereof, or at the option of Lessor, the rent for the entire term shall at once become due and payable, and Lessor may proceed to collect the rent from the entire term as if by the terms of this lease the entire rent for the entire term should be made payable in advance, or Lessor may, at his option, reenter the lease premises and annual and terminate this lease. (12) Rules: Lessee shall comply with all the reasonable rules and regulations now or at any time hereafter during the existence of this lease adopted by lessor, and posted in or about the said building, or otherwise brought to the notice of Lessee, both in regard to the building as a while and as to the premises herein leased.
(13) Fire Clause: In the event the leased premises are totally destroyed by fire, rain, wind, or other cause beyond the control of Lessee, or are condemned and ordered torn down by the properly constituted authorities of the State, County or City, then in either of these events the lease shall cease and terminate as of the date of such destruction. (14) Storage: All personal property placed in the leased premises, or in the store rooms or in any other portion of said building or any place appurtenant thereto, shall be at the risk of Lessee, or the parties owning same, and Lessor shall in no event be liable for the loss of or damage to such property or for any act or negligence of any co-tenants or servants or tenants or occupants, or of any other person whomsoever in or about the building. (15) Kitchen: Only such room in the leased premises as is so designated by Lessor shall be used as a kitchen or cooking room. (16) Forfeiture: Should Lessee fail to pay the rent of any part thereof, as the same becomes due, or violate any other term or condition of this lease, Lessor shall then have the right, at his option, to re-enter the leased premises and terminate the lease; such reentry shall not bar the right of recovery of rent or damages for breach of covenants, nor shall the receipt of rent after conditions broken be deemed a waiver of forfeiture. And in order to entitle Lessor to reenter it shall not be necessary to give notice of rent being due and unpaid or of other conditions broken or to make demand for rent, the execution of this lease signed by the parties hereto being sufficient notice of the rent being due and demand for the same, and it shall be so construed, any law, usage of custom to the contrary not withstanding. If Lessee vacates or abandons the premises his right to the possession of the premise terminates; but the lease terminates only if Lessor so elects. If Lessee’s right to possession is terminated and Lessor relets the premises on account of Lessee, Lessor shall not be required to accept any tenant offered by Lessee. Where Lessor relets the premises for the benefit of Lessee the expense of reletting and collection shall be computed at the rate of 5% of the total amount of rent. (17) Installation of Equipment: Lessee agrees not to install mechanical equipment, or a television or radio antenna within the premises or outside thereof without Lessor’s written consent. (18) Animals: Lessee agrees that no domestic animals shall be kept in or about the leased premises. (19) Parking: Lessee agrees that automobiles operated by Lessees and/or their visitors shall be parked only in designated parking areas or in the street. Visitor parking is for legitimate visitors only. A visitor must be visiting you in your apartment. They cannot park in our parking lot and go to school, etc. (20) Holdover: If Lessee shall remain or continue to be in possession of the leased premises or any part thereof after the termination of this Lease, Lessor shall, at his option have to right to charge Lessee as liquidated damages for the time such possession is withheld a sum equal to twice the amount or rent, or to treat such holding over as a renewal by Lessee of this lease on a month to month basis. If Lessor elects to treat holding over as a renewal of this lease all term and conditions of the lease shall remain n force except that the Lessor may change the monthly rental by giving thirty (30) days written notice. (21) Normal Termination: After the expiration of the lease term, Lessee shall terminate the lease by giving thirty (30) days written notice. (22) Notices: All notices and demands authorized or required to be given to Lessee hereunder may be served upon Lessee in person or by mail addressed to him at the leased premises. All notices to the Lessor shall be mailed to him at his office.
(23) It is the intent of this lease to comply fully with the “Oklahoma Residential Landlord and Tenant Act” of 1978. If any provision of this lease shall be in conflict with the Act, the applicable provision of the Act shall govern this lease, however, all other provisions shall remain in full force and effect. (24) Heating and Air Conditioning: Our system is a chilled water and boiler system. We can have heat or we can have air conditioning. You cannot switch from hot to cool or cool to hot on your thermostat. Once the system is on heat you may choose the temperature. When the system is on air conditioning you may choose the temperature. Our system must be made ready at season changes. We watch weather reports and try to judge the best time to switch from one season to another. We realize there may be a few uncomfortable days when the transition is made but we hope you will be patient and understanding.
Lease Agreed by Lessee(s):
Lease Agreed by Lessor:
Apartment Number Printed Lessee Name Signature of Lessee
Printed Lessor Agent Name Date
Signature of Lessor Agent
Printed Lessee Name Signature of Lessee
Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from pain, 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. Lessor’s Disclosure (Initial) _____ (a) Presence of lead-based paint or lead-based paint hazards (check on below):
Known lead-based paint and/or lead-based paint hazards are present in the housing.
Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. _____ (b) Records and reports available to the lessor (check one below):
Lessor has provided the lessee with all available records and reports pertaining to leadbased paint and/or lead-based paint hazards in the housing.
Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Lessee’s Acknowledgment (Initial) _____ (c) Lessee has received copies of all information listed above. _____ (d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home. Agent’s Acknowledgment (Initial) _____ (e) Agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4853(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. Agreed by Lessee(s):
Agreed by Lessor:
Printed Lessee Name
Signature of Lessee
Printed Lessor Agent Name
Signature of Lessor Agent
Printed Lessee Name
Signature of Lessee