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AGREEMENT made this ___________ of __________________ by and between WESLEYAN UNIVERSITY of Middletown, Connecticut, a specially chartered corporation organized and existing under the laws of the State of Connecticut (hereinafter referred to as "Wesleyan") and _______________________________ (hereinafter referred to as "Tenant")

1. Term: The lease term shall commence on _________ and shall end on ________________ unless sooner terminated as herein provided.

2. Rent and Deposit: Total rent for the entire lease term shall be _______________ payable in equal installments of ______________ each due in advance no later than the first day of each month. Payments of rent shall be payroll deducted or delivered to Wesleyan or at such other place as requested in writing by Wesleyan. Tenant shall leave with Wesleyan a security deposit in the sum of -- _________________.

3. Management Agent: Tenant recognizes Wesleyan’s Rental Properties as the management agent for the premises.

4. Notices: All notices to be given hereunder shall be in writing and shall be mailed or delivered to Wesleyan and Tenant at the following addresses:

____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________

5. Entire Agreement: This lease including any schedules attached hereto and any writings incorporated by reference or referred to herein constitutes the entire agreement between the parties and may be amended only by a written agreement between the parties, which makes specific reference hereto.

6. Subletting and Assignment: Tenant shall not sublet the premises or any part thereof or assign this lease without the express written permission of Wesleyan. A subletting or assignment will not release Tenant from liability under this lease unless Wesleyan, in writing, expressly releases Tenant.

7. Enjoyment of Premises: Upon payment of the rent and performance of its obligations hereunder, Tenant is entitled to peaceful and quiet enjoyment of the premises during the term of this lease.

8. Inspection of Premises: Wesleyan, by its agents, employees and representatives, and/or by any contractor, real estate agent or other party authorized to represent it, may inspect and repair the premises at reasonable times; and may, after notice to Tenant, show the premises to others within six months before the term of this lease ends; and, in addition, when it has reasonable cause to believe that immediate entry is necessary to prevent substantial damage to the premises, may enter the premises immediately at such time and without advance notice to prevent such substantial damage.

9. Default: Rent as hereinabove described shall be payable without any demand being made by Wesleyan for the same. If said rent shall remain unpaid fifteen (15) days after the same becomes due or if the Tenant shall fail to do as herein agreed, or on breach of any covenant or stipulation herein contained, then the Tenant shall be in default and this lease shall become void at our option and we may send you notice and cancel this lease. The Tenant hereby expressly waives right to Notice of Default and to a Notice to Quit possession as prescribed by the statute relating to Summary Process. Wesleyan shall have the right, but not the obligation, to commence a summary process action against you by sending you a notice to quit or such other. notice to vacate or demand for rent and/or damages as Wesleyan shall deem appropriate. Notwithstanding any other provision of this lease agreement to the contrary, Wesleyan shall have all rights and remedies against Tenant in the event of default including rights to resume possession and remove Tenant without liability for damage therefore as shall be permitted by the laws of the State of Connecticut then in effect. In the event of eviction prior to the end of the entire original lease term or any extension or renewal thereof, Wesleyan shall exercise its best reasonable efforts to relet the premises or any part thereof to another faculty or staff member satisfactory to Wesleyan and shall apply any monies received therefrom first to pay any expenses of Wesleyan in connection with said resumption of possession and reletting, and then to the payment of rent and the performance of Tenant's other obligations under this lease. Tenant agrees, whether or not Wesleyan has been able to relet the premises, to pay on demand the entire rent provided by this lease for the entire lease term, less the proceeds of any reletting as provided above.

10. Lien: Tenant does hereby create a lien in favor of Wesleyan on all of Tenant's goods, property, rights of action and effects of every description located on the premises and in any financial aid, wages, refunds, deposits or other sums or payments held by Wesleyan for or owed by Wesleyan to the Tenant; and Tenant does hereby agree that in the event of default as herein provided, the same shall stand liable and be charged for the payment of all rent and damages due by the terms of this lease, and may be held by Wesleyan and/or attached for that purpose, and, in particular, any and all sums held by Wesleyan for or owed by Wesleyan to the Tenant may be applied directly by Wesleyan to set-off, reduce and/or eliminate the sum owed Wesleyan by reason of eviction, non-payment of rent, and/or damage to the premises in violation of the terms of this lease.

11. Extensive Damages to Premises: If the premises become, for any reason, so damaged as to become untenantable, Wesleyan or Tenant may thereupon end the term of this lease by sending notice thereof to the other. If such damage results from the negligence or misconduct of the Tenant, then Tenant shall be liable for all reasonable expenses incurred by Wesleyan in repairing such damage, plus any and all rent which would have been payable by the Tenant during the period in which the premises are untenantable.

12. Condemnation of Right of Eminent Domain: In the event that the premises or any part thereof are to be or are taken for a public or quasi-public use by right of eminent domain, this lease shall terminate at the option of and on the date designated by Wesleyan, or at such time as occupancy is no longer possible or permitted. Rent shall be apportioned as of said date of termination. In any event, Tenant waives all claims against Wesleyan by reason of said complete or partial taking and Tenant has no rights in the proceeds of or award for such taking.

13. Tenant's Obligations: Tenant covenants as follows and agrees that any violation of said covenants will constitute a default:

a. Use: Tenant will use the premises as a residence in a quiet and orderly manner.

b. Notification of Damage or Injury: Tenant will promptly notify Wesleyan of the presence of any dangerous condition on the premises and or any material loss or damage to the premises or injury to persons thereon.

c. Alterations: Tenant will not alter or redecorate the premises, including painting or finishing, without prior written consent of Wesleyan.

d. Compliance with Laws: Tenant will comply with and conform to all of the laws of the United States and the State of Connecticut; and the By-Laws, Rules and Regulations of the City and Town of Middletown relating to Health, Nuisance, Fire, Safety, Highways and Sidewalks, so far as the premises herein leased are concerned and will suffer no violation thereof by others.

e. Noise and Nuisance: Tenant will neither make nor suffer noise, disturbance or nuisance such as to impair the quiet enjoyment of tenants of other premises and neighbors especially during normal sleeping hours. Noise contemplated by this provision includes, but is not limited to, loud playing of stereo and other sound-reproducing and recording devices and musical instruments and the exploding of firecrackers.

f. Trash and Debris: Tenant will not permit accumulation of boxes, packages, barrels, waste paper, garbage or other trash and debris on the premises. Tenant will place all such material in such time, place and manner as designated by Wesleyan for periodic removal.

g. Condition: Tenant will maintain the premises in a safe, clean and habitable condition and will be responsible for loss or damage suffered by Wesleyan because of the negligence or misconduct of Tenant or Tenant's guests.

h. Surrender of Premises: At the end of the lease term, Tenant will move all of his or her property from the premises and will surrender the premises, without Notice to Quit, and in as good condition as when entered, except for loss or damage resulting from "acts of God" or ordinary wear and tear.

i. Pets: Tenant will neither keep nor suffer the presence of any pets, laboratory animals or other animals, birds, reptiles or similar creatures, unless the same is expressly authorized by Wesleyan, and will be responsible for any and all damages caused by them if Tenant keeps them or suffers their presence on the premises in violation of said prohibition.

j. Rules and Regulations: Tenant further convenants to take, use and occupy the premises in compliance with any and all other rules which Wesleyan shall impose regarding occupancy and use of the premises.

k. Insurance:  As a tenant in a Wesleyan property, YOU ARE STRONGLY ENCOURAGED TO PURCHASE RENTERS INSURANCE.  Wesleyan will not be responsible for damage or loss of personal property belonging to you or a guest unless it is due to our gross negligence.

14. Wesleyan's Obligations: Wesleyan agrees as follows:

a. Premises in Good Condition: Wesleyan will deliver the premises to Tenant at the commencement of the lease term in good and habitable condition.

b. Loss or Damage: Wesleyan will be responsible for loss or damage suffered by Tenant because of the negligence of Wesleyan, its agents, servants and employees.

c. Maintenance: With respect to leased premises in multiple dwelling units, Wesleyan will maintain the building, grounds, common rooms and hallways without cost to Tenant and will maintain the heat, water and electrical systems and make repairs to the above and to appliances (see paragraph 29) and fixtures supplied by Wesleyan within the premises without cost to Tenant unless such repairs are necessitated by the negligence or misconduct of Tenant.

With respect to leased premises in single-family residences, Wesleyan will maintain the building and grounds without cost to Tenant and will maintain the heat, water and electrical systems and make repairs to the above and to appliances and fixtures supplied by Wesleyan within the premises without cost to Tenant unless such repairs are necessitated by the negligence or misconduct of Tenant.

15. Indemnification: Tenant agrees and covenants to indemnify, save and hold Wesleyan harmless from any costs, suits or claims for injury to persons and damage to properties arising out of Tenant's use of the premises, excepting for damages, claims or injuries due to latent defects in the premises or to Wesleyan's negligence. Tenant further agrees to indemnify, save and hold Wesleyan harmless from all fines, penalties, costs and other expenses for his violation of or non-compliance with the Laws, By-Laws, Rules and Regulations referred to in Paragraph 13(d) hereof.

16. Loss or Damage Caused by Guests or Others: Reference herein to loss or damage for which the Tenant will be held responsible and will, when necessary, indemnify, save and hold Wesleyan harmless includes, in every instance, loss or damage caused by the negligence or misconduct of guests and/or other persons permitted on the premises by Tenant.

17. Termination of Employment: If, at any time during the term of this lease prior to thirty (30) days from termination date, the Tenant ceases to be an employee of Wesleyan for any reason whatsoever, then Wesleyan may, at its option, elect to terminate this lease and Tenant shall have thirty (30) days from the date of exercise of said option by Wesleyan to vacate the premises. If Tenant shall fail to vacate within said thirty (30) days of the exercise of said option, then Tenant shall be in default.

18. Bankruptcy: If, at any time, during the lease term Tenant shall make an assignment for the benefit of creditors, file a petition in bankruptcy or be adjudicated a bankrupt, such action shall be a default and Wesleyan may, at its option, elect to pursue any remedy or right of recovery herein provided in the event of default.

19. Interest, Costs and Attorney's Fees: In any action taken by Wesleyan to recover possession of the premises, rent and/or damages, Tenant shall be liable for all costs and expenses incurred by Wesleyan, including attorney's fees and service of process and court costs, and shall pay to Wesleyan for any rent or damages recovered interest thereon at the rate of eight (8%) percent per annum from the date of default.

20. Holdover: If the Tenant shall remain in possession of the premises after the expiration of the term of this lease, such possession shall be as a month-to-month tenant. Rental shall be due in advance on the first day of each month and shall consist of that sum equal to the total rent for the entire term of this lease stated in Paragraph 2 hereof divided by the number of months contained in the entire lease term stated in Paragraph 1 hereof. During such month-to-month tenancy, the provisions of this lease shall be applicable.

21. Severability: If any term of provision or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this lease or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this lease shall be valid and enforced to the fullest extent permitted by law.

22. Deposit: The deposit in the amount described in Paragraph 2 herein shall be returned to Tenant within thirty (30 days) following the end or termination of the lease less any amount retained by Wesleyan due to loss, damage or non-payment of rent.

23. Waiver: Wesleyan's failure, at any time, to require strict performance by the Tenant of any of the provisions hereof shall not waive or diminish Wesleyan's right thereafter to demand strict compliance therewith or with any other provisions. Waiver of any default shall not waive any other default.

24. Binding Effect: This lease and the contents thereof shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, executors, successors and assigns (subject to the foregoing provision limiting the right of assignment of this lease by the Tenant.)

25. Utilities: Heat, water, hot water, electricity, trash collection and other utilities and services will be paid for as follows:

Wesleyan is responsible for payment of the trash collection, which is provided by the City of Middletown.

26. Exceptions to Wesleyan's Maintenance Obligations: The following exceptions shall apply to Wesleyan's obligations to maintain the premises set out in Paragraph 14(c):  __________________________

27. Payroll Deductions: Tenant hereby agrees that the monthly rent shall be paid in full by payroll deductions made by Wesleyan and hereby authorizes said payroll deductions and covenants to do all acts and make and sign all applications, consents and other papers necessary to effectuate said payroll deductions.  This applies to all active Wesleyan employees, retirees are exempt.

28. Termination of Lease: The Tenant shall have the right at any time during the lease term to terminate this Lease and to vacate the premises provided:

a. At least ninety (90) days' prior written notice is given by the Tenant to Wesleyan of the Tenant's intention to terminate and vacate,

b. The rent for the balance of the tenancy until the termination date is paid by the Tenant to Wesleyan pursuant to Paragraph 2 of this Lease, and

c. The Tenant continues to perform all of the obligations imposed on the Tenant hereunder until the vacating of the premises by the Tenant. In the event that the Tenant terminates this Lease and vacates the premises without complying with the procedure set forth herein, the Tenant hereby agrees to pay Wesleyan a sum equivalent to three (3) months rent, which sum represents agreed upon liquidated damages for the abridgment of the term of this lease.

29. Appliances: Wesleyan shall furnish a stove with oven and refrigerator. Wesleyan is not responsible for maintenance, repair and/or replacement of appliances left by previous tenants, including but not limited to: garbage disposals, ice makers, washers and dryers, or air conditioners.

30. Fuel Oil: There shall be a full tank of oil on the premises when the Tenant moves in, and the Tenant shall leave a full tank of oil when he/she vacates. __________________

 

SIGNED, SEALED AND DELIVERED

in the presence of: WESLEYAN UNIVERSITY OF MIDDLETOWN, CT

 

____________________ ____________________                                           Housing Agent ____________________ ____________________   ____________________ ____________________   ____________________ ____________________