FACULTY
AND STAFF RESIDENCE LEASE
AGREEMENT made this 1st of July, 2010 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")
WITNESSETH:
Wesleyan has let and rented unto the
Tenant and the Tenant has hired and taken from Wesleyan the premises described
as
Address
in consideration
for the conditions, covenants, warranties, terms and agreements herein
following:
1. Term: The lease term shall commence on 07/01/2010 and shall end on 6/30/2011 unless sooner terminated as herein provided.
2. Rent
and Deposit: Total rent for the
entire lease term shall be $0000 payable in equal installments of $00000 each due in advance no later than the first day of each
month. Payments of rent shall be
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:
Rental
Properties
170 Long Lane, Middletown CT 06459
Middletown, CT
06457
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.
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
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 uninhabitable, 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 uninhabitable.
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 conditions 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. Additional charges may occur if consent is not given.
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, pets, 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 not keep any pets, laboratory
animals or other animals, birds, reptiles or similar creatures, unless the same
is expressly authorized by Wesleyan. Tenant will be responsible for any and all
damages caused by them. Rental Properties will require a refundable $250.00
deposit for any pet on the premises (refund will be returned after satisfactory
inspection of the premises). If any
damages are noted this deposit may be used to cover any damages and/or
refurbishment of the hardwood or carpeted floors within the property.
j. Rules
and Regulations: Tenant further
covenants 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.
For the purposes of this lease grounds
maintenance shall include seasonal snow removal. Tenant understands and agrees that the exact
timing for snow removal at the premises cannot be predicted or guaranteed and
that the landlord will use reasonable efforts to ensure that the snow removal
services are performed within twelve (12) hours of the end of a specific snow
event.
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/her 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 twelve (12%) 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
a. Wesleyan is responsible for payment of the trash
collection, which is provided by the City of
b. Heat, Hot Water and Electric if it applies to your
rental; Rental Manager will advise.
Tenant responsible for all Utilities...
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.
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
b.
The Tenant
continues to perform all of the obligations imposed on the Tenant hereunder
until the vacating of the premises by the Tenant.
29. Appliances: Wesleyan shall furnish a stove with an oven
and a refrigerator. Wesleyan is not
responsible for maintenance, repair and/or replacement of appliances, which may
have been left by previous tenants, including but not limited to: dishwashers,
garbage disposals, icemakers, washers, dryers and 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 vacates.
IN WITNESS
WHEREOF, the parties hereto have hereunto set and caused to be set
this
____________ of ______________________, 2010.
WESLEYAN
__________________________________________
Housing Agent
__________________________________________
__________________________________________
Address:
**By signing this
lease you acknowledge that you have received the lead disclosure form. **
Exhibit A
LEAD-BASED PAINT DISCLOSURE (RENTAL)
WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS IF NOT MANAGED PROPERLY
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
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 managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
Landlord's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i)
__X____
Known lead-based paint and/or lead-based paint hazards are present in the
housing (explain).
___Presumed lead base paint due to age of housing unit – building pre-dates
1978 _ (See Attached )
____________________________________
_______________________________________________________________
(ii) ______ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the Landlord (check (i) or (ii) below):
(i)
______
Landlord has provided the Tenant with all available records and reports
pertaining to lead-based paint and/or lead-based paint hazards in the housing
(list documents below).
(ii) _____ Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Tenant's Acknowledgment (initial)
(c) ______ Tenant has received copies of all information listed above.
(d) ______ Tenant has
received the pamphlet Protect Your Family from Lead in Your Home.
(e) Tenant has (check (i) or (ii) below):
(i) ______ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or
(ii) ______ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
Landlord Initials:
______ ______ Tenant Initials: ______
______
Certification of Accuracy
The following parties
have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and accurate.
Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws
include treble (3 times) damages, attorney fees, costs, and a penalty up to
$10,000 for each violation.