Residential Lease Agreement

This LEASE AGREEMENT is made and entered into this 23rd day of SEPTEMBER, 2004, by and between RAVI K. SHETH and MARIANGELA BERNARDI, hereinafter referred to as "Landlord", and FRANKY OORREEL and SEVRINE LEHOUCKE, hereinafter referred to as "Tenant".

  1. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions contained herein, the dwelling located at 1848 CLAYTON AVENUE, PITTSBURGH, PA 15214 for the period commencing on the 17th day of OCTOBER, 2004, and thereafter until the 31st day of OCTOBER, 2005 (hereafter the termination date).
  2. During the period of this Agreement, Tenant shall pay to Landlord as rent the sum of $1300 per month.
  3. Should Landlord decide to sell the property, Tenant has the first option to purchase during the period of this Agreement, for the purchase price of $330,000.
  4. The lease may be renewed beyond the termination date upon mutual agreement of Landlord and Tenant, at which time a new Agreement must be signed. If a new Agreement is signed, the rent, the option to purchase, and the purchase price may all be changed. Should Tenant not wish to renew beyond the first year, he/she is required to provide Landlord with sixty (60) days notice prior to the termination date of this lease.
  5. Tenant may terminate the lease before the termination date if Tenant must relocate to another city for work-related reasons. In this event, Tenant is required to give the Landlord notice in writing 1 month (30 days) in advance of his/her moving. Notice must be given on the first day of a month. If notice is given after the first day of the month, the 1 month (30 day) notice will not start until the following month. Such notice must also provide evidence in writing of the required relocation.
  6. Rent for the initial period 17-31 October 2004 is $650, and is due at the signing of this lease. Thereafter, rent ($1300 per month) is due and payable monthly, in advance, no later than 5:00 p.m. on the first day of every month.
  7. Tenant agrees to pay to the Landlord a late charge of $43.33 for each day after the fifth day of the month that rent is not received, regardless of the cause, including dishonored checks, time being of the essence. An additional Service Charge of $50 will be paid to Landlord for each dishonored check.
  8. Payment of rent by direct deposit is encouraged. Payment by personal check will be accepted until the first check is returned unpaid. A Service Charge of $50 will be paid to Landlord for this and all other dishonored checks. Thereafter, regardless of cause, no additional payments may afterwards be made by personal check. Rent must then be made by cashier's check, money order or certified check. Rent checks may be mailed through the United States Postal Service at Tenant's risk. Any rents lost in the mail will be treated as if unpaid until received by Landlord.
  9. The acceptance by Landlord of partial payments of rent due shall not, under any circumstances, constitute a waiver, nor affect any notice or legal proceeding in unlawful detainer theretofore given or commenced under state law. Acceptance of partial rent due or late payments does not create a custom nor does it constitute a continuing waiver of the obligation to pay on time. No payment by the tenant or receipt by the landlord of any amount of the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, nor shall any endorsement on any check or any letter accompanying such payment of rent be deemed an accord and satisfaction, but the landlord may accept such a partial payment without prejudice to his rights to collect the balance of such rent.
  10. If Tenant leaves premises unoccupied for 15 days while rent is due and unpaid, Landlord is granted the right hereunder to take immediate possession thereof and to exclude Tenant therefrom; removing all Tenant's property contained therein and placing it into storage at Tenant's expense.
  11. Tenant agrees to use said dwelling as living quarters only for two (2) adults and zero (0) children, namely: FRANKY OORREEL and SEVRINE LEHOUCKE, and to pay $150 each month for each other person who shall occupy the premises in any capacity.
  12. Tenant agrees not to assign this Lease, nor to sublet any portion of the property, nor to allow any other person to live therein other than as named in paragraph 11 above without first obtaining written permission from Landlord and paying the appropriate surcharge.
  13. Tenant agrees to pay a Security Deposit of $1950 (i.e. equal to one and one half month's rent) to bind Tenant's pledge of full compliance with the terms of this agreement. This Security Deposit is to be paid at the signing of this lease. The Security Deposit may not be used to pay rent.
  14. Release of the Security Deposit, at the option of the Landlord, is subject to the provisions below:
    A. The full term of the Agreement has been completed (unless the conditions in Paragraphs 5 or 22 have been met).
    B. No damage to the premises, buildings, grounds is evident.
    C. The entire dwelling, appliances, closets, and cupboards are clean and free from insects; the refrigerator is defrosted and clean; the cooktop is clean; the oven is clean, including the racks and broiler pan; bathrooms are clean; wood floor and granite countertops have been cleaned; carpets have been cleaned and left clean and odorless; all windows are clean both inside and outside; all debris and rubbish have been removed from the property.
    D. All unpaid charges have been paid including late charges, visitor charges, pet charges, delinquent rents, etc. All utility bills must have been paid in full, and copies of paid final bills sent to Landlord.
    E. All keys have been returned.
    F. A forwarding address for Tenant has been left with the Landlord.
    G. It is the tenant's responsibility to call, make arrangements, and be at residence to let meter readers in for final reading on gas, electric, and water. If Landlord or Landlord's agent has to do this, there will be a $100 charge for each utility.
    Within thirty (30) days after termination of the occupancy, the Landlord will mail the balance of the deposit to the address provided by Tenant in the names of all signatories hereto; or at the Option of the Landlord will impose a claim on the deposit and so notify the Tenant.
  15. Tenant agrees to accept the property in its current condition and to return it in similar "move-in clean" condition, or to pay a special cleaning charge of $200 upon vacating the premises. The wood floors, walls and carpets are to be clean. If professional cleaning is necessary, the additional charge will be billed to Tenants.
  16. Tenant will be responsible for payment of all utilities, garbage, water and sewer charges, telephone, gas, and other bills incurred during the term of this Lease. Tenant specifically authorizes Landlord to deduct amounts of any unpaid bills from the Security deposit upon termination of this Agreement.
  17. No rights of storage are given by this Agreement. Landlord shall not be liable for any loss of Tenant's property by fire, theft, breakage, burglary, or otherwise, nor for any accidental damage to persons or property in or about the leased premises resulting from electrical failure, water, rain, windstorm, etc., which may cause issue or flow into or from any part of said premises or improvements, including pipes, gas lines, sprinklers, or electrical connections, whether caused by the negligence of Landlord, Landlord's employees, contractors, agents, or by any other cause whatsoever. Tenant hereby agrees to make no claim for any such damages or loss against Landlord.
  18. Tenant is strongly advised to purchase renter's insurance.
  19. Any removal of Landlord's property without express written permission from the Landlord shall constitute abandonment and surrender of the premises and termination by the resident of this Agreement. Landlord may take immediate possession, exclude Tenant from property and store all Tenant's possessions at Tenant's expense pending reimbursement in full for Landlord's loss and damages.
  20. Any improvements to the property made by tenant inside or outside must not be removed without written permission from the Landlord. This includes landscaping, scrubs, flowers, walkways, out buildings such as storage sheds and play-houses, etc. Any interior improvements the Tenant may have made to the property must also remain. Improvements such as but not limited to the following are installation of ceiling fans, book shelves, shelving, light fixtures, etc.
  21. Landlord has the right of emergency access to the leased premises. If Tenant has given Notice that he/she will vacate the property, Landlord has right of access to the premises during reasonable hours to inspect the property, or to show property to a prospective tenant or buyer. Landlord must inform Tenant at least 24 hours in advance of such visits.
  22. In the event that a buyer for the property is found, Landlord is required to provide Tenant with 60 days notice of the impending sale. During this time, Tenant may vacate the property, or sign a new lease with the new owner at new owner's option. This lease/rental agreement between Landlord and Tenant is canceled on the date the new owner takes possession of property.
  23. Tenant agrees, without protest, to reimburse Landlord for all actual and reasonable expenses incurred by way of Tenant's violation of any term or provision of this lease, including, but not limited to $50 for each Notice to Pay, Notice to Quit or other notice mailed or delivered by Landlord to Tenant due to Tenant's non-payment of rent, all court costs and attorney's fees and all costs of collection. Both Landlord and Tenant waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Allegheny County, State of Pennsylvania. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action accrued.
  24. Tenant agrees to accept said dwelling and all of the furnishings and appliances therein as being in good and satisfactory condition unless a written statement of any objections is delivered to Landlord within fifteen (15) days after resident takes possession. Tenant agrees that failure to file such statement shall be conclusive proof that there were no defects in the property. Tenant agrees not to permit any damage to the premises during the period of this agreement to woodwork, floors, walls, furnishings, fixtures, appliances, windows, screens, doors, lawns, landscaping, fences, plumbing, electrical, air conditioning and heating, and mechanical systems. Tenant specifically agrees that he will be responsible for, and agrees to pay for, any damage done by rain, wind, or hail caused by leaving windows open; overflow of water or stoppage of waste pipes, breakage of glass, damage to screens, deterioration of lawns and landscaping whether caused by drought, abuse or neglect. Tenant agrees not to park or store a motorhome, recreational vehicle or trailer of any type on the premises.
  25. Tenant's obligations are as follows:
    A. Take affirmative action to insure that nothing is done which might place Landlord in violation of applicable building, housing, zoning, and health codes and regulations.
    B. Keep the dwelling clean and sanitary, removing garbage and trash as it accumulates, maintaining plumbing in good working order to prevent stoppages and leakage of plumbing fixtures, faucets, pipes, etc.
    C. Operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances in a reasonable, safe manner.
    D. Assure that property belonging to Landlord, especially the items listed in "Exhibit A", is safeguarded against damage, destruction, loss, or removal.
    E. Conduct himself, his family, friends, guests, visitors in a manner which will not disturb others.
    F. Allow the Landlord or his agent access to the premises in emergencies, or for the purpose of inspection, making maintenance estimates or repairs, or pest control, or to show the property to someone else at reasonable hours (subject to provisions in Paragraph 21), and to specifically authorize unannounced access anytime rent is late, or this Agreement is terminated.
    G. Comply with all provisions of this Agreement, particularly with respect to paying the rent on time and caring for the property. Tenant warrants that he/she will meet the above conditions in every respect, and acknowledges that failure to perform the obligations herein stipulated will be considered grounds for termination of this Agreement and loss of all deposits.
  26. No pets are allowed.
  27. Smoking inside the premises is not permitted.
  28. Water beds are not permitted.
  29. No additional locks will be installed on any door without written permission from the Landlord. Landlord is to be provided duplicate keys for all locks so installed at Tenant's expense within 24 hours of installation of said locks.
  30. Tenant agrees to furnish Landlord with a current telephone number and to furnish Landlord with new number within three (3) days of change.
  31. In the event repairs are needed beyond the competence of the Tenant, Tenant is urged to contact the Landlord. As much as possible, Tenant should refrain from contacting the Landlord or his agent except for emergencies, or for expensive repairs.
  32. Tenant warrants that any work or repairs performed by him will be undertaken only if he is competent and qualified to perform it. Tenant will be totally responsible for all activities to assure that work is done in a safe manner which will meet all the applicable codes and statutes. Tenant further warrants that he will be accountable for any mishaps and/or accidents resulting from such work, and will hold the Landlord free from harm, litigation, or claims of any other person.
  33. Landlord is responsible for all plumbing repairs, leaks, stopped up pipes, frozen pipes, water damage, and bathroom caulking unless caused by Tenant's negligence, in which case the tenant will be responsible for these repairs and the costs associated with them.
  34. Tenant is responsible for all glass, screen, and storm door repairs.
  35. Regardless of assignment of responsibility, Tenant agrees to be responsible for the first $150 of any repair or maintenance required on the major systems of the property for the term of the lease. This deductible applies per occurrence.
  36. Appliances or furniture in the unit at date of lease per the attached "Exhibit A", are loaned, not leased to Tenant. Maintenance of appliances or furniture is the responsibility of Tenant who will keep them in good repair.
  37. No money is to be deducted by Tenant from rent payment for any reason without express written permission of Landlord.
  38. Smoke Detectors have been installed and are in operable condition in the following places. Bedrooms (2), living room/kitchen (2), basement (1) stairwells (2). Tenant initials _________. Tenant is required to maintain the smoke detectors for the duration of this agreement.
    I/We , the undersigned, have personally checked the smoke alarms in the unit which is provided and find it/them to be in working order. I/We understand that the law requires me/us to maintain the alarm/s and keep fresh batteries in the mechanism. Our failure to do so absolves the Landlord, or agent from any responsibility for losses due to my/our non-compliance with the law or malfunction of the alarm. Tenant signature ______________________________________ Date ____________________
  39. Properties built before and during the late 1960s and early 1970s may have had lead based products and asbestos products used in them. These products were considered to be safe at the time they were used, just as the building products used today are considered safe for home construction. Only the test of time will show which products are or are not safe to use. Having read the above, the tenant signs the lease below with the full understanding that these conditions may be present in this property, but that these conditions are unlikely to be present, because the property was built after the year 2000. The Tenant, and all parties associated with this property, relieve the owner and any of his agents from any responsibilities for these conditions, regardless of when or how these conditions were caused.
  40. All parties agree that termination of this Agreement by Tenant prior to termination date, for reasons other than stated in Paragraph 5, will constitute breach of the tenancy. Such a breach requires sixty (60) days notice. In addition, should such a breach occur, $1300 of the Security Deposit shall be forfeited in favor of Landlord, and Tenant will pay an additional full month's rent to Landlord as an Early Termination fee. In addition, Tenant will restore property to rental condition or be charged the cost of restoring the property to rental condition.
  41. From time to time, the Landlord may be represented by an agent who will carry identification.
  42. Covenants contained in this Lease, once breached, cannot afterward be performed, and unlawful detainer proceedings may be commenced at once, without notice to Tenant.
  43. Unless specifically disallowed by law, should litigation arise hereunder, service of process therefor may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected.
  44. Tenant agrees to send all notices to Landlord in writing by certified mail, return receipt requested. This is the only form of notice permitted in a court hearing as evidence of notice given.
  45. Should it become necessary for Landlord to employ an Attorney to enforce any of the conditions or covenants hereof, including the collection of rentals, or gaining possesion of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable Attorney's fee.
  46. Should any provision of this Lease be found to be invalid or unenforceable, the remainder of the Lease shall not be affected thereby and each term and provision herein shall be valid and enforceable to the fullest extent permitted by law.
  47. All rights given to Landlord by this Lease shall be cumulative to any other laws which might exist or come into being. Any exercise or failure to exercise by Landlord of any right shall not act as a waiver of any other rights. No statement or promise of Landlord or his agent as to tenancy, repairs, alterations, or other terms and conditions shall be binding unless reduced to writing and signed by Landlord.
  48. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option, terminate immediately, and Landlord shall be entitled to all rights and remedies that it has at law or in equity.
  49. The parties agree that this document contains the entire agreement between them, and that this Agreement shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all the parties.
  50. In this Agreement the singular number where used will also include the plural, the masculine gender will also include the feminine, the term Landlord will include, Owner or Lessor; and the term Tenant(s) will include Resident, Lessee or Renter.
  51. The Tenant was asked if he/she could speak, read and understand English. He/she was told that signing below would indicate that they understood what they were signing and that he/she did speak and read English.

YOU SHOULD READ AND UNDERSTAND THIS LEASE. IT IS A LEGAL AND BINDING CONTRACT.

Signing below means you have read the Lease, are in full agreement with it, and have received a copy of the contract.

ACCEPTED THIS 23rd DAY OF SEPTEMBER 2004, at 1848 CLAYTON AVENUE, PITTSBURGH, PA 15214.


 
_______________________________________________
Tenant 1
_______________________________________________
Tenant 3
_______________________________________________
Tenant 2
_______________________________________________
Landlord or Agent

 

EXHIBIT A

The following appliances and/or furniture are on loan to Tenant for the period of Tenant's rental agreement or lease on the following basis: Tenant agrees, by the signing of this agreement, that all appliances and/or furniture herein listed are accepted by Tenant, individually, as being in good working order or condition; Tenant agrees to maintain said appliances and/or furniture in good working order at his expense; If Tenant fails to pay rent by the first day of the month, Landlord or his representative may enter premises and remove appliances or furniture belonging to Landlord without giving tenant advance notice.

APPLIANCES AND/OR FURNITURE

  Furniture/Appliance Model/Serial Number Condition Location
1 Refrigerator  JennAir-JCB2389GRS Serial-16567632AX  Excellent Kitchen 
2 Dishwasher  Bosch-SHU9925UC/14 FD820900469  Excellent  Kitchen 
3 Range Hood  Frigidaire-PLHV36W7KC  Excellent  Kitchen 
4 Electric Oven  JennAir-JJW8530CAS Serial-11443923AX  Excellent Kitchen 
5 Gas Cooktop  GE-JGP930SED1SS Serial-ZD760228Q  Excellent  Kitchen 
6 Microwave  JennAir-stainless  Excellent  Kitchen 
7 Washing machine  Whirlpool-GSQ9632LL0 Serial-CM4902688  Excellent  Utility room 
8 Gas Dryer  Whirlpool-GGQ8821LL0 Serial-MM3301003  Excellent  Utility room 
9 Marble sink bowl/stand  pink/yellow/black  Excellent  Powder room 
10 Closet organizer  wood/stainless  Excellent  Master bedroom 
11 Queen bed with mattress wood frame  Good  Second bedroom 
12 Sofa-bed  IKEA-Klippan  Good  Basement 
13 Light fixtures  2 halogen strips  Excellent  Basement 
14 Light fixture glass/stainless  Excellent  Dining room 
15 Light fixtures  2 orange glass/black metal  Excellent  Stairwell 
16 Window treatments  green/white  Excellent  Entrance/dining room 
17 Window treatments blue/white  Excellent  All second bedroom windows
18 Window treatments  yellow/white  Excellent  Second bathroom 
19 Custom cushions  blue/yellow (not for use)  Excellent  Main window 

Tenant: __________________________________________________

Date: __________________________________________________