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Lease Agreement 3 Nov 06 Winters Doran
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Lease Agreement 3 Nov 06 Winters Doran

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    Lease Agreement 3 Nov 06 Winters Doran Lease Agreement 3 Nov 06 Winters Doran Document Transcript

    • LEASE AGREEMENT This LEASE AGREEMENT is made by and between Dwight and Judy Dunning of Cornwall, Vermont ("Landlords"), and Tracy Winter and Mark Doran, currently of Hilton Head Island, South Carolina ("Tenants"). Landlords are the owners of a one-family residential house located at 43 Bordeau Road, Cornwall, Vermont (the "premises" or the "property") which Tenants desire to lease. Tenants understand that Landlords will be out of the country for the duration of the term of the Lease and that Peter Demong of P.O. Box 70, Middlebury, Vermont (462-2268 or pd@sover.net) is acting as Landlords’ agent in all matters regarding this Lease. Notice shall be provided to Peter Demong in all matters concerning the terms and conditions of this Lease. 1. Lease. Landlords lease to Tenants the following described property: a one-family residential house at 43 Bordeau Road, Cornwall, Vermont. 2. Term. The term of this Lease shall be from January 1, 2007 to July 31, 2007. 3. Rent. Tenants agree to pay the Landlords $1200 per month rent, payable on the first of the month, and continuing monthly thereafter, for the term of the Lease. Tenants shall make the check payable to the Dwight and Judy Dunning House Account and mail it to Peter Demong at P. O Box 70 Middlebury, Vermont 05753. 4. Renewal Option. Landlords and Tenants agree that Landlords have an option to offer to renew this Lease, on a month-to-month basis, on the same terms and conditions contained herein, except that the Landlords may seek a reasonable rent increase. If Landlords intend to exercise the option and do in fact offer to renew the Lease, they shall so notify Tenants 1
    • in writing or email (which shall include any reasonable rent increase they may wish to seek) no later than forty-five (45) days before the expiration of this Lease Agreement. If Tenants intend to accept the option to renew, they shall notify Peter Demong in writing or email within fifteen (15) days, but in any event, no later than thirty (30) days prior to the expiration date of this Lease Agreement. 5. Holdover. If Tenants remain in possession of the leased premises after the expiration date of this Lease Agreement, they shall be considered holdovers and a new month-to- month tenancy shall be created and Tenants shall be subject to the obligations as set forth in this Lease Agreement. 6. Use. Tenants agree to use the premises exclusively as a private residence for the Tenants and their family. 7. Restrictions on Use. a. Tenants shall not use the shop/barn north of the house. b. Tenants shall not use the locked shed attached to the barn across the road from the house. c. Tenants shall have only one (1) dog. d. Tenants shall have only two (2) indoor cats. e. Tenants may install a satellite dish, but shall not damage the house or property in its installation. Tenants shall remove the satellite dish prior to the end of the Lease term and shall restore the house or property to its pre- satellite dish condition. f. The premises shall not be inhabited by more than the Tenants and their family without Landlords' written/email consent. 2
    • g. Tenants shall not leave the premises uninhabited for more than thirty days without prior written/email notice to Landlords. 8. Maintenance. Tenants shall be responsible for all lawn and garden maintenance, including, but not limited to, the following: mowing the lawn, trimming the bushes, maintaining the flower gardens and generally keeping the lawn and garden in the same condition as on the date of the beginning of this Lease term. 9. Minimum heat. Tenants shall at all times maintain sufficient heat within the premises to keep the pipes from freezing. If there is damage to the premises as a result of a breach of this specific term of the Lease, such damage shall be automatically deemed to be as a result of the fault and/or negligence of the Tenants, and the cost of repair to such damage shall be due and payable as additional rent under terms and conditions of the Lease when the next regular monthly rental payment is due and payable. 10. Snow removal. Tenants shall be responsible for prompt removal of snow accumulation from the driveway. 11. Household waste/trash removal/recycling. Tenants shall be responsible for prompt removal of all household waste and/or trash. Trash cans shall be kept inside the garage except on trash removal days. Tenants are advised that the Town of Cornwall has a mandatory recycling program, and that Tenants shall comply with all the terms and conditions thereof. 12. Utilities and Services. Tenants shall be responsible for all costs of utilities and services provided to the premises, including oil, electricity, telephone, water, trash/recycling removal, lawn and garden maintenance, and house cleaning. 3
    • 13. Oil Tank. Landlords shall fill the oil tank prior to the beginning of the Lease term. Tenants shall be responsible for and shall have the oil tank filled immediately prior to the end of the Lease term. 14. Repairs. Tenants shall promptly give notice to Peter Demong of any damage to or on the premises, whether interior or exterior, ordinary or extraordinary, or structural or nonstructural. Such obligation shall extend to pipes, heating and plumbing systems, window glass, fixtures, woodwork, doors, floors, cupboards, windows and all other appurtenances. Such notice shall be required whether or not the damage is caused by the neglect or fault of Tenants or Tenants' agents, employees, guests, licensees, or invitees, or, is because of ordinary wear and tear. Landlords, through their agent Peter Demong, shall promptly repair all damage to the premises encompassed by the applicable warranty of habitability (see 9 V.S.A. Section 4457). As to all other damage, Landlords, through their agent, Peter Demong, shall: a. promptly advise Tenants whether Landlords deem the damage to be occasioned by the fault or negligence of Tenants (or Tenants' agents, employees, guests, licensees, or invitees) or the result of ordinary wear and tear; and, b. promptly advise Tenants if Landlords are going to make repairs to the damage. If the damage is deemed by Landlords to be occasioned by the fault or negligence of Tenants (or Tenants' agents, employees, guests, licensees or invitees) and Landlords elect to make the repairs, the amounts expended by Landlords shall be treated as additional rent and shall be due and payable under terms and conditions of the Lease when the next regular monthly rental payment is due and payable. 4
    • If Landlords elect not to make repairs to the damage, Tenants shall have the option of making such repairs, at Tenants' own expense. 15. Entry and Inspection. Tenants shall permit Landlords or Landlords' agent, Peter Demong, to enter the premises at reasonable times and upon reasonable notice for the purpose of making necessary or convenient repairs. 16. Alterations. Tenants agree not to make any alterations or improvements to the premises without Landlords' written/email permission, with the exception the satellite dish permitted by Paragraph 7(e). Any alterations and improvements made by Tenants after Landlords' written/email permission shall be at the sole expense of Tenants, shall become property of the Landlords, and shall be left behind in the premises at the end of the term of the Lease Agreement. Any improvements or alterations to the premises made without consent of Landlords may be removed by the Landlords, and the premises may be restored to their original state, all at the expense of the Tenants. In such case, the amounts expended by the Landlords shall be treated as additional rent and shall be due and payable under terms and conditions of the Lease when the next regular monthly rental payment is due and payable. 17. No assignment or sublease. Tenants shall not assign this Lease, nor sublet all or any part of the premises. 18. Tenants' additional obligations. Tenants shall keep the grounds surrounding the premises, as well as the premises themselves, neat and clean. 19. Security deposit. A security deposit of $1200 shall be required under this Lease Agreement. Such security deposit is due and payable upon the execution of this Lease 5
    • Agreement. At the end of the Lease term, the entire security deposit shall be returned to the Tenants, except that Landlords shall retain all or a portion of the security deposit for: a. nonpayment of rent; b. damage to property of the Landlords not already repaired in paragraph 14 above, unless the damage is the result of normal wear and tear or the result of actions or events beyond the control of the Tenants; c. nonpayment of utility or other charges which Tenants were required to pay directly to Landlords or to a utility; d. expenses required to remove from the premises articles abandoned by the Tenants; and e. any other damage as a result of a breach of any other term of this Lease Agreement. 20. Insurance. While the Landlords are carrying homeowners' insurance, it is explicitly understood that said insurance does not cover Tenants' possessions. Tenants shall be solely responsible for obtaining insurance to cover their personal possessions. 21. Lead-based paint. Based on 42 USC §4852d, this also constitutes formal notice that Landlords notified Tenants that said leased premises were built prior to 1978 and may therefore have lead paint, although Landlords have no specific knowledge that such is the case. A federal form regarding lead-based paint is attached hereto as required by law. 22. Parties upon whom binding. This Lease Agreement is binding upon Landlords and Tenants and their respective heirs, distributees, executors, administrators, successors and lawful assigns. 6
    • 23. Surrender. At the expiration of the Lease term, Tenants shall surrender the premises in as good condition as it was at the beginning of the term, reasonable use and wear and tear and damages by the elements excepted. 24. Cleaning of the Premises. Immediately prior to surrendering the premises, Tenants shall have the premises professionally cleaned at Tenants' sole expense. Such cleaning shall be done to Landlords' satisfaction. 25. Severability. If any provision of this Lease shall be declared invalid or unenforceable, the remainder of the Lease Agreement shall continue in full force and effect. 26. Notice. Any notice, approval, consent, or other communication which Landlords or Tenants are required or permitted to give to the other (except for notices occasioned by the need to address damage to pipes, plumbing and heating systems, electrical systems, and any damage of a like "emergency" nature) shall be in writing and mailed to such party at the address specified at the beginning of this Lease, to the Leased Premises if such communication is to Tenants, or to such other address that either party has designated by notice to the other. Such notice shall be deemed mailed when it is deposited in the U.S. Mail, postage prepaid. Notice may also be made by email. 27. Default. If Tenants fail to pay their rent, or any part thereof when it becomes due, or to comply with any other terms or conditions of this Lease, it is agreed that Landlords may sue for the rent, or re-enter said premises, or resort to any available legal remedy. 26. Attorney's Fees. If Landlords incur any expenses related to the enforcement of the terms or conditions of this Lease Agreement, they shall be entitled to all costs incurred, including reasonable attorney's fees. 7
    • IN WITNESS WHEREOF, the parties hereto have set their hands this ____ day of ___________ 2006. _________________________________________ Judy Dunning, Landlord by her agent Peter Demong _________________________________________ Dwight Dunning, Landlord, by his agent Peter Demong _________________________________________ Tracy Winters, Tenant _________________________________________ Mark Doran, Tenant 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 taken care of properly. Lead exposure is especially 8
    • 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. Lessors' Disclosure (By their agent Peter Demong) (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) ___ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). _____________________________________________________________________________. (ii) ___ Lessors have no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the lessor (check (i) or (ii) below): (i) ___ Lessors have provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). _______________________________________________________________________. (ii) ___ Lessors have no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessees' Acknowledgment (initial) (c) ___ Lessees have received copies of all information listed above. (d) ___ Lessees will receive on August 15, 1998 the pamphlet Protect Your Family from Lead in Your Home. (e) ___ Lessees have (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. Certification of Accuracy 9
    • 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. ________________________ ________ _______________________ ________ Lessor Date Lessor Date ________________________ ________ _______________________ ________ Lessee Date Lessee Date 10