RESIDENTIAL LEASE
When
signed, this lease becomes a legally binding contract.
If you
do not understand any term of this lease, consult an attorney before
signing.
1. PARTIES
This lease is made on June 1,2008 , between the
tenant ________________________________________
and
the Landlord Matrix Group, Inc., PO Box 276, Bensalem, PA 19020
2. PROPERTY
The Landlord agrees to rent to the tenant the
following property:
Apartment No. ____ Drexel
Arms Apartments 6301-11 Overbrook Avenue Philadelphia, Pennsylvania
19151
3. CONDITIONS
a.
The monthly rent is $2,200 and is payable for twelve months (May
is not pro-rated).
b.
The term of the lease is for the period beginning on June 1,
2008, and ending on May 17, 2009.
c.
Rent is due in advance on the FIRST day of each month for each
month that this lease is in effect.
d.
If rent is paid after the first of the month, each tenant that is
late must pay a $15.00 per day late charge beginnig from the first. Any
tenant check that is returned by the bank for any reason must pay a fee
of $50.00 and any applicable late fees. An adminstrative fee of $300
per apartment will be deducted from the initial deposit.
e.
The security deposit equal to two months rent is on deposit at
Vanguard.
f.
This lease will renew unless the Landlord or tenant gives 60 days
written notice before the ending date of this lease. Automatic renewal
will not change the terms of this lease except that the rent on each
renewal may vary, fluccuate or change. Any increases in operating
expenses incurred by Matrix Group, Inc. from receipt of a security
deposit through the time a tenant occupies an apartment can result in an
increase in rent. Rental amounts are not definite until time of
apartment occupation. The length of each renewal term of this lease is
the same as the period above.
g.
If the Landlord makes any changes, including a rent increase,
when renewing this lease, the Landlord must send the changes to the
tenant at least 60 days before the end of the lease.
h.
The tenant may use the property for residential purposes only.
i.
Rules are attached.
j.
Tenant will pay rent to Landlord at this
address:
Matrix Group, Incorporated
P.O. Box 276
Bensalem, PA 19020
l. List of utilities
or other charges the Landlord or tenant will pay:
Landlord pays
Tenant pays Not Applicable
Heat
X
Electricity
X
Gas
X
Hot Water
X
Water &
Sewer X
Cable Access
Television X
Internet Access
X
Lawn Care
X
Snow Removal
X
m. List
of other forms and agreements that are made a part of this lease:
Rules, Mold Addendum.
4. PAYMENT OF RENT
Payment of rent is due in advance on the day of the
month indicated in Section 3.c. for every month during the term of the
lease. The Landlord is not required to send a notice of rent due before
rent is required to be paid. The tenant cannot subtract any amount from
the monthly rent for repairs to the property made by the tenant, even if
the Landlord is responsible to make the repairs.
5. NOTICE
Whenever Landlord must send written notice to the
tenant, Landlord will send notice by e-mail, regular mail or hand
delivery to the leased property. Whenever tenant must send written
notice to the Landlord, tenant will send notice by certified mail,
return receipt requested to the same address as the rent payment.
6. INABILITY TO GIVE POSSESSION
If, for any reason not caused by the tenant, the
Landlord is unable to give the tenant possession of the property on the
beginning date of the lease, the tenant can choose to:
a.
End this lease by sending written notice to the Landlord. The Landlord
must then return any money the tenant has paid; or
b.
Delay the beginning of the lease for up to one month until the Landlord
can give possession. The tenant will not owe rent until the Landlord
gives possession.
The Landlord will not have to pay damages to the
tenant if the reason for not giving possession is beyond the Landlord's
control.
7. DESTRUCTION OR DAMAGE
a. The tenant will
notify the Landlord promptly if the property is destroyed or damaged. If
the
destruction or damage
makes the property partly or completely unlivable, the tenant can chose
to:
1. Move out as soon as possible. Within 24 hours after the
tenant moves out, the tenant must make a reasonable effort to notify the
Landlord. This lease will end as of the date of moving out; or
2. Continue to occupy that part of the property still
livable, if the law allows occupancy. Until the Landlord repairs the
damage, the rent is reduced by the percentage of the property that is
unlivable. If the law does not allow occupancy, this lease will end.
b. If the lease ends, the Landlord
will return any rent the tenant already paid for the remaining time of
the lease, plus any part of the security deposit to which the tenant is
entitled. Section 15 (Security Deposit) of this lease explains the
return of the security deposit.
- The Landlord and the tenant are each
responsible for their own negligence and the negligence of their
guests, family or any others they allow on the property. The
Landlord is not required to make repairs caused by the tenant's
negligent conduct or by the willful misconduct of the tenant or any
person on the property with the tenant's permission.
8. TENANT'S PERSONAL PROPERTY INSURANCE
The Landlord is not responsible for any damage or
loss of the Tenant's personal property. The Tenant is required to obtain
insurance to protect his or her personal property and any damage caused
to the property by the Tenant’s negligence.
9. RULES
The rules are an addendum, attached to this lease.
The tenant and all guests must follow the rules. The Landlord can change
the rules by giving written notice to the tenant.
10. LANDLORD'S ENTRY ONTO PROPERTY
a. The tenant will permit the Landlord and others
accompanying the Landlord or with the Landlord's permission to enter the
property at reasonable times or 24 hours notice to the tenant if tenant
requests to:
1. Inspect the property
2. Make repairs, alterations
or improvements
3. Supply services
4.
Show the property to prospective buyers, mortgage lenders,
contractors, or insurers.
b.
After the tenant or the Landlord has given notice to the end of the
lease, the Landlord may show the property to future tenants at
reasonable times. The Landlord can only inspect the property with the
tenant present or after the Landlord gives the tenant reasonable
opportunity to be present.
c. In
case of emergency, the Landlord can enter the property at any time
without notice to the tenant.
If the tenant is not present at
the time of entry, the Landlord must notify the tenant within 24 hours
of the time, purpose and persons who entered the property.
11. TENANT PROMISES
The tenant and other people the tenant allows on
the property promise to:
a. Pay rent when it is due.
b. Obey all laws and Landlord rules
that apply to tenants.
c. Only permit occupants who have completed a
rental application and have been approved by the Landlord to live in the
property.
d. Be responsible for and supervise all guests, family,
friends, or others on the property or in the building.
e. All information on the tenant rental
application is true and accurate.
f. Keep the property clean and safe.
g. Use all electrical, plumbing, sanitary, heating,
ventilating, air conditioning, and other facilities and appliances in a
safe and reasonable way.
h. Promptly remove all trash, garbage, and
debris from the property on trash day or the night before, as required
by the Landlord and local law.
i. Not deliberately or negligently destroy, deface, damage,
or remove any part of the property or grounds, or knowingly permit the
tenant's guests, family or others to do so.
j. Not unreasonably disturb the peace and quiet of the
Landlord, other tenants or neighbors.
k. Promptly notify the Landlord of
conditions that need repair.
1. Make no major change to the property, such as painting,
rebuilding, removing or repairing without the Landlord's prior written
consent. The tenant can make necessary repairs if the Landlord does not
make the repairs after reasonable notice from tenant. However, the
tenant cannot deduct the cost of the repairs from the monthly rent. The
tenant may seek reimbursement from the Landlord for reasonable expenses
to make the repair, but not for the tenant's own labor. To be
reimbursed, the tenant must submit all estimates, bills and receipts,
including canceled checks to prove the cost of the repairs. Alterations
become the property of the Landlord, unless the Landlord gives written
permission to remove them.
m. Keep nothing in the property that is highly flammable,
dangerous, or substantially increases the danger of fire or injury.
n. Allow Landlord to put up "sale",
"rent", or "information" signs.
o. Not move out of the property before
the lease ends.
p. Move out of the property when the lease ends and return
all keys to the Landlord. If the tenant fails to move out of the entire
property when the lease ends, the tenant will continue to owe the
Landlord rent at a rate that is double what it was paying immediately
before the lease ended for as long as the tenant stays in possession. In
addition, the Landlord can sue the tenant for unpaid rent, other
damages, losses, and injuries and to evict the tenant.
12. SATELLITE DISHES AND ANTENNAS
NO satellite dishes or anntennas may be installed
at this property.
13. LANDLORD REMEDIES
a. If the rent payment is late, the Landlord can immediately end
this lease.
b. Before the Landlord can file a lawsuit in court to evict the
tenant for failure to pay rent or other charges required by this lease,
the Landlord must give the tenant 10 days written notice to leave the
property. The lease ends on the eleventh day after the Landlord gives
notice, if the tenant does not pay. The Landlord may then file a lawsuit
in court to evict the tenant.
c. Before the Landlord can file a lawsuit to evict the tenant for
failure to comply with any provision of the lease other than for
nonpayment of rent or charges, the Landlord must give the tenant written
notice. The notice must describe the tenant's objectionable conduct and
give the tenant five (5) days to correct the problem.
1
If the tenant does not correct the problem or if the problem
happens again during
the lease term, the Landlord can end the
lease by giving the tenant a ten (10) day, written notice.
2
This lease ends on the eleventh day after the Landlord gives the second
notice. The Landlord may then file a lawsuit in court to evict the
tenant.
d. These are not the only remedies the Landlord has if the tenant
violates its obligations in this lease. Besides ending this lease and
evicting the tenant, the Landlord can sue the tenant for unpaid rent,
for all rents due for the balance of the term of this lease, other
damages, losses or injuries. If theLandlord gets a judgment for money
against the tenant, the Landlord can use the court process to take the
tenant's personal goods, furniture, motor vehicles and money in banks.
e. The tenant gives up or waives its rights to a trial by jury in
any lawsuit filed by the Landlord or tenant against the other for any
reason related to this lease.
f. The Landlord has a right to require the tenant to abide by all
conditions and promises in this lease. The Landlord does not lose this
right merely because it did not exercise or enforce its rights when a
tenant fails to abide by its obligations, including accepting late
payments from the tenant.
g.
If the tenant fails to abide by any of the tenant's obligations
and promises for reasons other than payment of rent, then the tenant
gives up or waives a right to receive longer notice to leave the
property.
h.
If the Landlord discovers that the tenant made false statements
on the rental application or was evicted for any reason from a prior
residence, the Landlord reserves the right to require an additional
deposit, may end the lease or may necessitate other remedies that the
Landord deems appropriate.
i.
Landlord will coooperate with St Joseph’s University and
municipal authorities in matters it deams appropriate.
14. SECURITY DEPOSIT
a. The tenant can NEVER use the security deposit to pay
rent.
b. The Landlord can apply the security deposit to unpaid
rent, for expenses, losses or damages caused by the tenant's failure to
abide by its obligations under this lease and for damage to the property
caused by the tenant beyond normal wear and tear.
c. When the tenant moves out, the Landlord will prepare a
list of charges for any unpaid rent, late charges, damages and expenses.
The Landlord can deduct these charges, if any, from the security deposit
and will return the balance with any interest due on the balance to the
tenant within 30 days. The tenant must give the Landlord written notice
of the tenant's new address or make other arrangements with the Landlord
for the return of the security deposit.
15. TAKING OF PRIVATE PROPERTY - CONDEMNATION
The taking of private property for a public purpose
is called condemnation. The taking happens either by court order or by
transferring ownership to the condemning agency. If all or part of the
property is taken by this process, the lease will automatically end as
to part of the property condemned. The rent will be reduced
proportionately for the part condemned. If the part condemned makes the
property unfit for tenant purposes, the Landlord or the tenant can end
this lease after giving 30 days written notice. The tenant has no right
to money paid by the taking agency to the Landlord; however, the tenant
is entitled to receive relocation benefits from the taking agency.
16. TENANT TRANSFER
The tenant cannot lease the property to any other
person or let any other person take over the tenant's rights and duties
under this lease, unless the Landlord first gives approval. The Landlord
will not unreasonably withhold its approval. If a new tenant fails to
pay the rent or fails to abide by the obligations of this lease, the
Landlord will hold both the new tenant(s) and the original tenant(s)
responsible for the rent and the obligations under this lease.
17. ALL TENANTS LIABLE
All signers of this lease are fully responsible to
pay rent and abide by all obligations of this lease. If there is more
than one tenant signing this lease, each tenant is fully responsible for
the entire amount of the rent, regardless of whether or not that person
still lives in the property.
18. PRIORITY OF LEASE
If the property is sold at a mortgage foreclosure
sale, the purchaser can end this lease. In a foreclosure sale, all
mortgages that now or in the future affect the property have priority
over this lease. The tenant agrees to sign all papers needed by the
mortgage holder to give priority over this lease. The tenant gives up or
waives a right to have the lease continue after some foreclosure sales.
19. DISPUTES
The Landlord and tenant can agree to use an
alternative dispute resolution process, such as mediation or
arbitration, to settle disagreements under this lease.
20. ENTIRE AGREEMENT
This lease contains the entire agreement between
the Landlord and the tenant. This lease creates legal duties on the
Landlord and tenant and anyone who lawfully succeeds to their rights or
takes their places. The Landlord and tenant can change this lease only
by a written agreement signed by both of them.
21. TENANT GIVES UP (WAIVES) RIGHTS
By signing this lease, the tenant gives up or
waives legal rights that are explained in this section and in Sections
14 (Landlord Remedies) and 19 (Priority of Lease).
a. In Section 14 (Landlord Remedies), the tenant
agrees that the Landlord can give the tenant 10 days notice to leave the
property for reasons not related to payment of rent. This means the
tenant gives up the right to receive a longer notice. The tenant also
agrees to give up the right to a trial by jury in any lawsuit related to
this lease.
b. In Section 19 (Priority of Lease), the tenant
agrees that a mortgage has a priority over this lease. This means a
person who becomes an owner of the property through a mortgage
foreclosure can end the tenant's lease.
22. LEAD-BASED PAINT
"EVERY LESSSEE OF ANY INTEREST IN A RESIDENTIAL
PROPERTY ON WHICH A RESIDENTIAL DWELLING WAS BUILT PRIOR TO 1978 IS
NOTIFIED THAT SUCH PROPERTY MAY PRESENT EXPOSURE TO LEAD FROM LEAD-BASED
PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF DEVELOPING LEAD
POISONING. LEAD POISONING IN YOUNG CHILDREN MAY PRODUCE PERMANENT
NEUROLOGICAL DAMAGE, INCLUDING LEARNING DISABILITIES, REDUCED
INTELLIGENCE QUOTIENT, BEHAVIOR PROBLEMS AND IMPAIRED MEMORY. LEAD
POISONING ALSO POSES A PARTICULAR RISK TO PREGNANT WOMEN. THE LESSOR OF
ANY INTEREST IN RESIDENTIAL REAL PROPERTY IS REQUIRED TO DISCLOSE TO THE
LESSEE THE PRESENCE OR ABSENCE OF ANY LEAD-BASED PAINT AND/OR LEAD BASED
PAINT HAZARDS. A COMPREHENSIVE LEAD INSPECTION OR RISK ASSESSMENT FOR
POSSIBLE PAINT AND/OR LEAD-BASED PAINT HAZARDS IS RECOMMENDED PRIOR TO
LEASE."
The paragraph above means within ten (10) days from
the final signing of this lease, the tenant can pay for a complete lead
inspection and risk assessment of the rental property by a certified
lead inspector. If the inspector reveals that lead-based paint or
lead-based hazards are present in the rental property, the tenant has:
1. Two (2)
business days after receiving the report to end this lease: And
2. Get
back all rents and security deposits paid to the Landlord.
If the tenant does not end this lease within two
(2) days after getting the report, the tenant gives up the right to get
an inspection or end this lease.
Signed this ____ day of May, 2008
_________________________________________
Matrix Group, Incorporated
TENANT LANDLORD
_________________________________________
SOCIAL SECURITY NUMBER
The Office of the
Attorney General of Pennsylvania has approved this lease as complying
with the Pennsylvania Plain Language Consumer Contract Act. In the
opinion of the Office of the Attorney General, a preapproved consumer
contract meets the test of readability under 73 P.S. Section 2205 of the
Plain Language Consumer Contract Act. Preapproval of a consumer contract
by the Office of Attorney General only means that simple, understandable
and easily readable language is used. It is not an approval of the
contents or legality of the contract.
MOLD ADDENDUMIn this document, the terms
`you" and "your" refer to all tenants listed on the lease and all
occupants or guests; and the terms "we, " "us, " and "our, " refer to
the Landlord named in the Lease Contract (not to the property manager or
anyone else). In this document, all references to the term mold shall be
deemed to include all forms of mold and mildew as well as similar
growths.
1. MOLD AND MILDEW
You acknowledge that it is necessary for you to
maintain appropriate climate control, keep your dwelling unit clean, and
take necessary measures to retard and prevent mold from accumulating in
the dwelling unit. You agree to clean and dust the dwelling unit on a
regular basis to remove visible moisture accumulation on windows, window
sills, walls, floors, ceilings and other surfaces as soon as reasonably
possible. You agree not to block or cover any heating, ventilation, or
air-conditioning ducts. You also agree to report immediately in writing
to us: (a) any evidence of a water leak or excessive moisture in the
dwelling unit, common hallways, storage room, garage or other common
area; (b) any evidence of mold that cannot be removed with a common
household cleaner; (c) any failure or malfunction in heating,
ventilation or air conditioning; and (d) any inoperable doors or
windows. You further agree that you shall be responsible for damage to
the dwelling unit and your personal property as well as any injury to
you and all occupants of the dwelling unit resulting from your failure
to comply with the terms of this Mold Addendum.
2. VIOLATION OF RULES
If you or any occupant violates any rule or
provision of this Mold Addendum (based upon our judgment) it shall be
considered a material default under the terms of the Lease Contract.
Upon written notice from us, you must immediately comply with all rules
and provisions of this Mold Addendum. We also have all other rights and
remedies set forth in the Lease Contract, including damages, eviction,
and attorneys' fees to the extent allowed by law.
3. LIABILITY FOR DAMAGES, INJURIES, CLEANING,
ETC.
You and all tenants under the Lease Contract are
fully responsible and liable for the entire amount of all cleaning
expenses incurred by us to remove mold from the dwelling unit as well as
all damages to the dwelling unit caused by mold. We-- not you --will
arrange for these services. If a part or parts of the dwelling unit
cannot be satisfactorily cleaned or repaired, you must pay for us to
replace them completely. Payment for damages, repairs, cleaning,
replacements, etc. are due immediately upon demand.
4. GENERAL
This Mold Addendum is considered part of the Lease
Contract described above. In the event of any conflict between the terms
of this Mold Addendum and the terms of the Lease Contract, the terms of
this Mold Addendum shall control. Each tenant who signed the Lease
Contract must sign this Mold Addendum. Each tenant is jointly and
severally liable for damages and all other obligations set forth in this
Mold Addendum.
RULES ADDENDUM
The public halls and stairways shall not be obstructed or used for any
other purpose than for entering into or exiting from the apartments.
The entry doors shall not be blocked open at any time. NO parking is
permitted in the driveway or blocking the driveway. Vehicles will be
towed at the owners expense.
The Landlord reserves the right to enter the
apartment at any reasonable hour for the purpose of inspection or
repairs.
The landlord in all cases shall retain the right to
control and prevent access into the buildings and the grounds to all
persons whom it considers undesirable. This includes any utility
company employees unless a Matrix Group representative escorts them.
PARTIES: There will be NO freshman parties.
Tenants will have no more than 15 guests. NO tenant under 21 years of
age may consume alcohol. Tenants 21 years of age shall not provide
alcohol to minors. NO admission may be charged to enter a party. NO
tenants or their guests shall make any disturbing noises, play any
musical instrument, television or radio in the apartment between the
hours of three AM and the following seven thirty AM. All other rules and
regulations apply. NO beer kegs are permitted in the apartments.
SMOKING: Smoking is prohibited in ALL COMMON AREAS
which include hallways, foyers, and stairways front and rear.
All cooking equipment shall be used in a safe and
responsible manner as not to cause a fire hazard.
NO tenant or their guests shall loiter in the halls
of the building, on the rear balconies, the front lawn or the rear of
the buildings. NO tenant shall cause any loud noises or disturbances to
occur there. Visitors are NOT permitted to destroy lawns or shrubs or
in any way molest or destroy buildings or grounds.
The Landlord will not be responsible for any
article left with any employee or in any part of the building
The tenant shall keep the apartment and fixtures in
a good state of preservation and cleanliness.
The tenant or their guest shall not urinate,
deficate or throw cups, bottles, trash or any other substances out of
the windows or into the halls, stairs, foyers, fire towers, or in the
front or rear of the buildings. All trash and garbage will be placed IN
the proper containers on the side of building “A” in a responsible
manner.
The fire escape and smoke towers shall not be
obstructed at any time in any way for any reason. Any obstruction is a
violation of the city fire code, and the city inspector will give the
tenants a citation.
Activating
the fire alarm when there is no fire is a felony and creates an
emergency condition. Under an emergency condition the Landlord may enter
all apartments to check for hazardous situations at any time and have
all tenants and guests in the building vacate the buildings until it is
determined by the proper authority that a dangerous condition does not
exist. A Matrix Group representative present at the time will determine
a dangerous condition. A five hundred dollar ($500.00) charge will be
assessed for response by Matrix personnel for the malicious activation
of the fire alarm system. Charges for repairs to the system will also
be added. Those responsible for the activations will be determined by
city officials or the representatives of Matrix Group, Incorporated.
NO pet of any kind is permitted in the apartments.
The bathtub, sinks and
toilets shall not be used for any other purpose other than for which
they were constructed; no inappropriate items shall be disposed of
improperly including but not limited to
tampons, tampon applicators, other feminine products, hair, q-tips,
cotton balls, wipes, paper towels and latex products. These items
should NEVER be flushed down the toilet, bathtub or sink because
they clog the pipes causing serious and very expensive plumbing
repairs. Tenants shall pay for any damage resulting from the
misuse of these facilities by the tenants or their guests.
The Landlord
reserves the right to make such other rules and regulations as in the
Landlord's judgment may be necessary for the safety, care, maintenance,
operation and cleanliness of the building and for the preservation of
good order therein; when notice is given to the tenant these rules and
regulations shall have the same force and effect as if made a part of
the original lease.
The Landlord may terminate the lease of any
apartment for the violation of any of the terms and conditions or any of
the rules and regulations prescribed by the Landlord by giving the
tenants ten (10) days notice in writing.
