made at Tenant’s expense and Tenant must pay the full rent with no
adjustment. The cost of the repairs will be added rent.
If there is more than minor damage to the Unit by fire or other
casualty, Landlord may cancel this Lease within 30 days after that
fire or casualty by giving notice. The Lease will end 30 days after
Landlord’s cancellation notice to Tenant. Tenant must deliver the
Unit to Landlord on or before the cancellation date in the notice and
pay all rent due to the date of the fire or casualty. If the Lease is
cancelled Landlord is not required to arrange for the repair of the
Unit. The cancellation does not release Tenant of liability in
connection with the fire or casualty. This Section, when permitted, is
intended to replace the terms of applicable statutory law. Tenant has
no right to cancel this Lease due to fire or casualty.
Landlord is not liable for loss, expense, or damage to any
person or property, unless due to Landlord’s negligence. Landlord is
not liable to Tenant if anyone is not permitted or is refused entry into
Tenant must pay for damages suffered and money spent by
Landlord relating to any claim arising from any act or neglect of
Tenant. If an action is brought against Landlord arising from
Tenant’s act or neglect Tenant shall defend Landlord at Tenant’s
expense with an attorney of Landlord’s choice.
Tenant is responsible for all acts of Tenant’s family, employees,
guests or invitees. Tenant must carry whatever property or liability
insurance Landlord may require and will name Landlord as a party
insured. The insurance shall be no less than a Tenant’s Homeowners
Insurance Policy in the minimum amount stated above. Tenant shall
deliver a copy of the binder to Landlord prior to taking possession of
11. Entry by Landlord
Landlord or parties authorized by Landlord may enter the Unit
at reasonable hours to: repair, inspect, exterminate, install or work
on systems and cause performance of other work that Landlord
decides is necessary. At reasonable hours Landlord may show the
Unit to possible buyers, lenders or tenants.
If Landlord enters the Unit, Landlord will try not to disturb
Tenant. Landlord may cause to be kept in the Unit all equipment
necessary to make repairs or alterations to the Unit or Building.
Landlord is not responsible for disturbance or damage to Tenant
because of work being performed on or equipment kept in the Unit.
Landlord’s or the Association’s use of the Unit does not give Tenant
a claim of eviction. Landlord or those authorized by Landlord may
enter the Unit to get to any part of the Building.
Landlord has the right at any time to permit the following
people into the Unit: (i) receiver, trustee, assignee for benefit of
creditors; or (ii) sheriff, marshal1 or court officer; and (iii) any person
from the fire, police, building, or sanitation departments or other
state, city or federal government and (iv) the Association, Board of
Managers and any other party permitted or authorized by the
Declaration or Management Agreement covering the Unit or
Condominium. Landlord has no responsibility for damage or loss as
a result of those persons being in the Unit.
12. Construction or demolition
Construction or demolition may be performed in or near the
Building. Even if it interferes with Tenant’s ventilation, view or
enjoyment of the Unit it shall not affect Tenant’s obligations in this
13. Assignment and sublease
Tenant must not assign this Lease or sublet all or part of the
Unit or permit any other person to use the Unit. If Tenant does,
Landlord has the right to cancel the Lease as stated in the Default
section. Tenant must get Landlord’s written permission each time
Tenant wants to assign or sublet. Permission to assign or sublet is
good only for that assignment or sublease. Tenant remains bound to
the terms of this Lease after a permitted assignment or sublet even if
Landlord accepts rent from the assignee or subtenant. The amount
accepted will be credited toward rent due from Tenant. The assignee
or subtenant does not become Landlord’s tenant. Tenant is responsible
for acts of any person in the Unit.
14. Tenant’s certificate
Upon request by Landlord, Tenant shall sign a certificate
stating the following; (1) This Lease is in full force and unchanged
(or if changed, how it was changed); and (2) Landlord has fully
performed all of the terms of this Lease and Tenant has no claim
against Landlord; and (3) Tenant is fully performing all the terms of
the Lease and will continue to do so; and (4) rent and added rent have
been paid to date. The certificate will be addressed to the party
If all or a part of the Building or Unit is taken or condemned by
a legal authority, Landlord may, on notice to Tenant, cancel the
Term. If Landlord cancels, Tenant’s rights shall end as of the date the
authority takes title to the Unit or Building. The cancellation date
must not be less than 30 days from the date of the Landlord’s
cancellation notice. On the cancellation date Tenant must deliver the
Unit to Landlord together with all rent due to that date. The entire
award for any taking including the portion for fixtures and
equipment belongs to Landlord. Tenant gives Landlord any interest
Tenant may have to any part of the award. Tenant shall make no
claim for the value of the remaining part of the Term.
17. Sale of Unit
If the Landlord wants to sell the Unit Landlord shall have the
right to end this Lease by giving 30 days notice to Tenant. If
Landlord gives Tenant that notice then the Lease will end and
Tenant must leave the Unit at the end of the 30 days period in the
18. No liability for property
Neither Landlord, the Association or Board of Managers is
liable or responsible for (a) loss, theft, misappropriation or damage
to the personal property, or (b) injury caused by the property or its
19. Playground, pool, parking and recreation areas
If there is a playground, pool, parking or recreation area, or
other common areas, Landlord may give Tenant permission to use
it. If Landlord gives permission, Tenant will use the area at Tenant’s
own risk and must pay all fees Landlord or the Association charges.
Landlord is not required to give Tenant permission.
20. Terraces and balconies
The Unit may have a terrace or balcony. The terms of this Lease
apply to the terrace or balcony as if part of the Unit. The Landlord
may make special rules for the terrace and balcony. Landlord will
notify Tenant of such rules.
Tenant must keep the terrace or balcony clean and free from
snow, ice, leaves and garbage and keep all screens and drains in good
repair. No cooking is allowed on the terrace or balcony. Tenant may
not keep plants, or install a fence or any addition on the terrace or
balcony. If Tenant does, Landlord has the right to remove and store
them at Tenant’s expense.
21. Correcting Tenant’s defaults
If Tenant fails to correct a default after notice from Landlord,
Landlord may correct it at Tenant’s expense. Landlord’s cost to
correct the default shall be added rent.
Any bill, statement or notice must be in writing. If to Tenant, it
must be delivered or mailed to the Tenant at the Unit. If to Landlord
it must be mailed to Landlord’s address. It will be considered
delivered on the day mailed or if not mailed, when left at the proper
address. A notice must be sent by certified mail. Landlord must
notify Tenant if Landlord’s address is changed. The signatures of all
Tenants in the Unit are required on every notice by Tenant. Notice
by Landlord to one named person shall be as though given to all
those persons. Each party shall accept notices of the other.
23. Tenant’s default
A. Landlord must give Tenant notice of default. The following
are defaults and must be cured by Tenant within the time stated:
(1) Failure to pay rent or added rent on time, 3 days.
(2) Failure to move into the Unit within 15 days after the
beginning date of the Term, 5 days.
(3) Issuance of a court order under which the Unit may be
taken by another party, 5 days.
(4) Failure to perform any term in another lease between
Landlord and Tenant (such as a garage lease), 5 days.
(5) Improper conduct by Tenant annoying other tenants, 3
Failure to comply with any other term or Rule in the Lease,
If Tenant fails to cure in the time stated, Landlord may cancel
the Lease by giving Tenant a cancellation notice. The cancellation
notice will state the date the Term will end which may be no less than
3 days after the date of the notice. On the cancellation date in the
notice the Term of this lease shall end. Tenant must leave the Unit
and give Landlord the keys on or before the cancellation date.
Tenant continues to be responsible as stated in this Lease.
If Tenant’s application for the Unit contains any misstatement
of fact, Landlord may cancel this Lease. Cancellation shall be by
cancellation notice as stated in Paragraph 23. A.
If (1) the Lease is cancelled; or (2) rent or added rent is not
paid on time; or (3) Tenant vacates the Unit, Landlord may in
addition to other remedies take any of the following steps: (a) enter
the Unit and remove Tenant and any person or property, and (b) use
eviction or other lawsuit method to take back the Unit.
D. If this Lease is cancelled, or Landlord takes back the Unit,
the following takes place:
(1) Rent and added rent for the unexpired Term becomes due
and payable. Tenant must also pay Landlord’s expenses as stated in
Paragraph 23. D(3).
(2) Landlord may re-rent the Unit and anything in it. The
re-renting may be for any Term. Landlord may charge any rent or no
rent and give allowances to the new tenant. Landlord may, at
Tenant’s expense, do any work Landlord feels is needed to put the Unit
in good repair and prepare it for renting. Tenant remains liable and
is not released in any manner.
(3) Any rent received by Landlord for the re-renting shall be
used first to pay Landlord’s expenses and second to pay any amounts
Tenant owes under this Lease. Landlord’s expenses include the costs
of getting possession and re-renting the Unit, including, but not
only, reasonable legal fees, brokers fees, cleaning and repairing
costs, decorating costs and advertising costs.
From time to time Landlord may bring actions for damages.
Delay or failure to bring an action shall not be a waiver of Landlord’s
rights. Tenant is not entitled to any excess of rents collected over the
rent paid by Tenant to Landlord under this Lease.
If Landlord re-rents the Unit combined with other space an
adjustment will be made based on square footage. Money received
by Landlord from the next tenant, other than the monthly rent, shall
be considered as part of the rent paid to Landlord. Landlord is
16. Tenant's duty to obey laws and regulations
Tenant must, at Tenant's expense, promptly comply with all
laws, orders, rules, requests, and directions, of all governmental
authorities, Landlord's insurers, Board of Fire Underwriters, or
similar groups. Notices received by Tenant from any authority or
group must be promptly delivered to Landlord. Tenant will not do
anything which may increase Landlord's insurance premiums. If
Tenant does, Tenant must pay the increase in premium as added
entitled to all of it.
Landlord has no duty to re-rent the Unit. If Landlord does
re-rent, the fact that all or part of the next tenant's rent is not