United Student Rentals - Oneonta, NY 13820

Lease Aggreement

1. USE: The apartment must be used only as a private apartment to live in and for no other reason. Only the party signing this lease may use the apartment.

2. RENT: Monthly rent is due in our office on the first (1^st) of each month. Checks should be mailed to United Student Rentals Inc PO Box 855 Oneonta, New York 13820. Any rent received after the fifth (5^th) of the month will be considered late and will be subjected to a twenty-five ($25.00) late fee. Outstanding rent not paid by the fifteenth (15^th) of the month will be subject to another late fee of twenty-five dollars (total of $50.00). Late fees will continue to accrue at the rate of twenty-five dollars ($25.00) every fifteen (15) days. Late fees are assessed at these amounts on a “Per Person” basis.

3. FINANCIAL AID: If the Tenant is receiving Financial Aid, Tenant must notify Landlord at the time Lease is signed. A copy of Tenants Financial Aid Awards Letter from the college is regarded to be on file in our office. Financial Aid Award Letter must be received prior to the start of the Lease term. Otherwise Tenants rent is due on the first (1^st) of each month and will be subject to all late fees. Financial Aid students must pay the security deposit in full before taking possession of the apartment. Financial Aid Students are required to pay the entire semester rent to the Landlord on receipt of their Financial Aid payment. All Tenants regardless of their age are regarded to have a Financial Guarantee statement on file in our office.

4. SECURITY DEPOSIT: The Security Deposit equals one months rent per person. Each Tenant is required to pay $100.00 (One Hundred Dollars) at the Lease signing. The remaining Security Deposit Balance is due within two weeks of Lease signing. Security Deposits must be paid in full by move in date. Security Deposit monies cannot be used for any outstanding rent owed. If Landlord sells or leases the building, Landlord may give the security to the buyer or lessee. Tenant will look to the buyer or the lessee for the return of the Security Deposit. Tenant understands that the garbage collection fee and the laundry fee (when applicable) will be deducted from the Security...

5. SECURITY DEPOSIT RETURNS POLICY: Security Deposits will be returned in a timely matter if Tenant complies with the terms of the Lease Agreement.

Tenants will receive a summary of their Security Deposit showing any deductions taken (laundry fees, garbage fees, excessive garbage removal, damages to fixtures, equipment , or appliances supplied by Landlord caused by Tenant’s act or neglect, may be repaired by Landlord at Tenant’s expense).

If the apartment is not cleaned at the end of the Lease term a minimum fee of $200.00 will be charged. Tenant, together with his or her roommates are completely responsible for the apartment and will be equally charged for cleaning and the repair costs beyond normal wear and tear to the apartment, furniture, equipment and appliances, unless Tenant(s) claims responsibility for the damages.

In the event that a specific responsible individual cannot be ascertained, all costs for the repairs will be equally divided amongst all residents of that apartment. The Tenant agrees to pay the costs on demand by the management. Charges will be based on rates established by the management. Liability for damages and cleaning will not be limited to the amount of the Security Deposit.

All Repairs will be completed by management staff and/or its agents. All Tenants are responsible for damages caused by their guests. Tenant understands that in the event that damage occurs to common areas in the building including, but not limited to, hallways, stair towers, laundry rooms, etc. and a specific responsible party cannot be identified, it will be the financial responsibility of all the building/complex occupants for the costs incurred to repair said damage. During the lease term, tenant is responsible for all damage done to the apartment.

6. POSSESSION OF APARTMENT: The following requirements must be met by each Tenant before Tenants can take possession of the apartment: (No keys will be issued to ANY Tenant in said apartment unless all requirements are met by each Tenant):

a. All Security Deposits must be paid in full.

b. All Tenants must have have a Financial Guarantee on file.

c. All Tenants must have their rent paid up to date or if they are on Financial Aid must have a copy of their Financial Aid Award letter on file.

d. The electricity must be turned on in the apartment before Tenants can live in the apartment.

Landlord shall give possession of Premises the date the Term begins. Landlord shall not be liable for failure to give Tenant possession for any reason including fire or damage to Premises that make it uninhabitable, etc... Landlord shall notify Tenant as to the date possession is available. The ending date of the term will not change. Rent is due at the beginning of the lease term regardless of whether or not possession is available.

7. SERVICES: Landlord will provide the following services: Z

Garbage removal will be charged at $15.00 per month per person. Laundry service for houses or apartments containing non-coin-operated laundry facilities will be charged at $10.00 per month per person which will be deducted from the security.

Stopping or reducing of service(s) will not be reason for tenant to stop paying rent, make a money claim or to claim eviction. Tenant must pay all applicable utility services used in the apartment and arrange for them with the public utility company. Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems because of labor trouble, government order, lack of fuel supply, or other causes not under the control of Landlord. Landlord may also stop the above services to make necessary repairs. Landlord is excused from supplying that service. Service shall resume when Landlord is able to supply it.

8. ALTERATIONS: No alterations of any kind are allowed in the apartment. Tenant must not change the locks, plumbing, ventilating or air conditioning, electric or heating systems.

9. ASSIGNMENT AND SUBLEASE, REPLACEMENT: Tenants financial obligations under this Lease do not end if the Tenant vacates the apartment or leaves the area during the term of this Lease, for any reason including illness, financial difficulties, or leaving school. Any student who finds themselves no longer a college student for reasons including, but not limited to, expulsion, suspension or academic dismissal shall be financially responsible for the full term of the lease unless a suitable replacement Tenant can be found by the lessee. No Tenant shall be released from their obligations outlined in this lease unless the apartment is fully occupied. At any time during the term of this lease an individual Tenant may seek a replacement for him or herself. Said replacement must sign this lease, and is subject to the approval of Landlord. In the case of Tenant(s) seeking a replacement, one replacement must be found for each individual seeking to vacate the apartment. If a suitable replacement is not found, Tenant remains fully responsible for the entire term of this lease. Landlord reserves the right to add a suitable replacement Tenant to the lease if the current Tenants cannot find or provide one of their own. Management reserves the right to hold Tenant financially responsible for the cost of rent and deposits of an unregistered or unsigned Tenant. Tenant may not assign this lease or sublet all or part of the apartment or permit any other person to use the apartment without Landlord’s consent. If tenant does assign, Landlord has a right to cancel the lease as stated in the “Default” section.

10. TENANT’S DEFAULTS AND LANDLORD’S REMEDIES, EVICTIONS: The following remedies are additional remedies given to the Landlord and do not modify or change the remedies the law currently gives the Landlord in the event of a default. Landlord may give twenty-four (24) hours written notice to Tenant to correct any of the following: 1. Failure to pay rent or added rent on time; 2. Improper assignment of the lease, improper subletting all or part of the apartment; 3. Improper conduct by Tenant or other occupants of the apartment; 4. Failure to fully perform other term(s) in the lease. If Tenant fails to correct the defaults listed above within twenty-four (24) hours, Landlord may cancel the lease by giving Tenant a written three (3) day notice stating the date the term will end. On that date, the term and Tenant’s rights in this lease automatically end and Tenant must leave the apartment and give Landlord the keys to same. Tenant continues to be responsible for rent, expenses, damages, and losses. Such persons will remain financially responsible for the complete term of the lease unless the lessee can find a suitable replacement Tenant. Failure to vacate the apartment upon management’s request will result in the use of attorney’s for such action at the total cost of the Tenant. Tenant assumes responsibility for all reasonable attorney’s fees and collection fees.

If the lease is ended or Landlord takes back the apartment, rent and added rent for the remainder of the Lease become due and payable. Landlord may re-rent for a lower rent and give allowances to the new Tenant. Any rent received from the re-renting shall be applied to the reduction of money Tenant owes.

11. PARTIES: At no time shall the total number of people in the apartment exceed five (5). Written permission by the Landlord must be obtained for more than five (5) guests in the apartment. Beer kegs and beer balls are not permitted on the property at any time, including in the apartment. If a keg is found on the property tenants will be fined $500.00. Parties are not permitted on any porch. Violations to this are cause for eviction.

Fraternities and Sororities activities will NOT be permitted at the Premises any time.

No fraternity or sorority parties, no pledging or hazing activities of any kind are allowed on the premises. This type of activity will result in eviction.

Loud music and excessive noise will not be tolerated after nine (9 PM) in the evening.

12. LIABILITY: Landlord is not liable for loss, expense, or damage to any person or property. Tenant must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect of Tenant, including attorney fees. Tenant is responsible for all acts of Tenant’s family, employees, guests or invites. Tenant is responsible for insuring Tenant’s belongings.

13. FIRE, ACCIDENT, DEFECTS, and DAMAGE: Tenant must give Landlord prompt 3 -notification of fire, accident, damage or dangerous or defective condition. Landlord shall have the right to decide which part of the apartment is usable. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decoration unless originally installed by Landlord. Landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord’s control. If fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant, then all repairs will be made at Tenant’s expense and Tenant must pay the full rent with no adjustment. Landlord has the right to demolish or rebuild the building if there is substantial damage by fire or other casualty. Landlord may cancel this lease within thirty (30) days after the fire or casualty by giving Tenant notice of Landlord’s intention to demolish or rebuild. The lease will end thirty (30) days after Landlord’s cancellation notice to Tenant. Tenant must deliver apartment to Landlord on or before the cancellation date in the notice and pay all rent due as of that date. If the lease is canceled, Landlord is not required to repair the apartment or building.

14. SMOKE ALARMS: Smoke alarms that are disabled will be subjected to a fine of $50.00 (fifty dollars) each time the alarm is found disabled; fines will be billed immediately.

15.TENANT’S DUTY TO OBEY RULES AND REGULATIONS: Tenant will comply with any reasonable rules adopted by the management, with notice, for the safety, care, and cleanliness of the apartment, as well as the quiet, safety, comfort and convenience of the tenants. All rules and policies are subject to change. the failure of management on one or more previous occasions to take any action against a resident for violation of, or to insist upon the strict performance of, any of the terms of this Rental Agreement shall not prevent a subsequent act of Tenant of a similar nature from being in violation of this agreement.

16. REPAIRS: Landlord will make repairs to the Premises free of charge that occur, that not caused by the negligent or intentional actions of the Tenant or guests. Tenant will pay for repairs to any walls, ceilings, doors, plumbing fixtures etc. that are damaged by the tenant during the term of the Lease. Tenant will pay for these repairs as they are billed so as not to diminish the value of the Security Deposit.

17. PLUMBING: Tenant will be responsible for any plumbing bills due to Tenant’s negligence. These include but are not limited to: freezing pipes due to the lack of fuel oil or natural gas and clogged pipes due to the introduction of foreign objects, i.e., toothpaste tubes, tampons, etc... Proper disposal of cooking grease is required. Cooking grease should not be put down apartment drains.

18. LIGHT BULBS: Tenant is responsible for purchase and changing of light bulbs.

19. STORED ITEMS: Tenant is solely responsible for any items lost or stolen from the Premises during the Lease period. The basement or attic is not to be used for storage and the Landlord will remove and discard without notice any items placed in the basement or the attic by the Tenant. Tenant will be charged to remove these items. The Tenant must keep all hallways and exits free from obstruction in compliance with City of Oneonta safety ordinances.

20. CARPET DAMAGE: Damage to the carpet beyond normal wear and tear (i.e. Cigarette burns, paint and /gum) must be replaced at the expense of the tenant. Landlord has sole discretion of reasonable normal wear and tear.

21. CONDEMNATION: If all of the apartment or building is taken or condemned by a legal authority, the term, and Tenant’s rights shall end as of the date the authority takes title to the apartment or building. If any part of the apartment or building is taken, the Landlord may cancel the lease on notice to tenant. The notice shall set a cancellation date not less than thirty (30) days from the date of the notice. If the lease is canceled, Tenant must deliver the apartment to Landlord on the cancellation date together with all the rent due to that date. The entire award for any taking belongs to Landlord. Tenant gives Landlord any interest Tenant may have to any part of the award. Tenant shall have no claim for the value of the remaining part of the term.

22. LANDLORD MAY ENTER, SIGNS: Landlord may, at reasonable times, enter the apartment to examine, make repairs or alterations, and to show possible buyers, lenders, or Tenants. Tenants will be given twenty-four hour notice when at all possible by Landlord. Management reserves the right to enter an apartment without notice to make inspections for maintenance, safety, security, and management of the complex.

23. SUBORDINATION: This lease and Tenant’s rights are subject and subordinate to all present/future: (a) leases for the building or the land on which it stands, (b) mortgages on the lease, the building or the land, agreements security money paid or to be paid by a lender, and (c) conditions, renewals, changes of any kind and extensions of the mortgages or leases or subject and subordinate. Tenant authorizes landlord to sign these certificates for tenant.

24. WAIVER OF JURY, COUNTERCLAIM, SET OFF: Tenant and Landlord waive trial by a jury in any matter which comes up between the parties under or because of this lease (except for personal injury or property damage claim). In a proceeding to get possession of the apartment, Tenant shall not have the right to make a counterclaim or set off.

25. NO WAIVER, ILLEGALITY: The Landlord’s acceptance of rent or failure to enforce any term in this lease is not a waiver of any of Landlord’s rights. If a term in this lease is illegal, the rest of this lease remains in full force.

26. LANDLORD UNABLE TO PERFORM: If due to labor trouble, government order, lack of supply, Tenant’s act or neglect, or other causes, Landlord is delayed or unable to (A)

carry out any of the Landlord’s promises or agreement, (B) supply any service to be supplied, (C) make any required repair or change in the apartment or building, or (D)

supply any equipment or appliances, this lease shall not be ended or Tenant’s obligations waived.

27. END OF TERM: Any items or personal belongings left on the premises after the termination date of the lease will be considered abandoned and will be disposed of. Landlord shall not be held responsible for any items left in an apartment after the termination of the lease. Tenant will be held financially responsible for the removal of such items from the apartment.

28. CONDITION “AS IS”: Tenant has inspected the apartment and building. Tenant states they are in order and repair and takes the apartment “as is”.

29. LANDLORD’S CONSENT: If Tenant requires Landlord’s consent to any act and such consent is not given, Tenant agrees not to make a money claim against Landlord or subtract any sum from the rent because consent was not given.

30. LEASE BINDING IN: This lease is binding on Landlord and Tenant and those that

Lawfully succeed to their rights or take their place.

31. LANDLORD: Landlord means the owner, or the lessee of the building or a lender in possession. Any acts Landlord may do may be performed by Landlord’s agents or employees.

32. HEAT: The temperature of the apartment must be maintained at a minimum temperature of fifty (50) degrees or the Tenant will be made liable for any resulting damages such as ruptured pipes, etc.. Where Landlord provides the heat, windows and doors must remain closed during cold weather months.

33. OUTSIDE AREAS: Barbeque grills are to be used no closer than twenty (20) feet from any building. Barbequing on balconies or porches is against all local fire codes and is prohibited. No one is permitted on any building roof.

34. PETS: Pets are not allowed under any circumstances. This includes, but is not limited to dogs, cats, monkeys, snakes and ferrets. If Tenant violates this policy for any duration of time, however short, the Landlord will automatic deduct $500.00 from the Security Deposit.

Any Tenant found with a pet must remove the pet upon the request of management or face possible eviction procedures. Any damage resulting from the animal will be billed separately.

35. CHANGES: This lease may be changed only by an agreement in writing signed by and delivered to each party.

36. PARAGRAPH HEADINGS: The paragraph headings are for convenience only.

37. REPRESENTATIONS: Tenant has read this lease. All promises made by Landlord are in this lease. There are no others.

38. DRUM SETS: Drum Sets are not allowed on the property at any time.

39. WINDOW TREATMENTS: No tapestries are allowed in windows, only blinds and curtains are excepptable.

40. LOCKS: At no time shall tenant change the lock on door or add any additional locks. Landlord must have access at all times in case of emergency. There is a fee of $10.00 per key that has to be replaced. Lock out fee will be charge in the amount $75.00 (seventy-five) if Management has to let you into your apartment after regular business hours. This fee will be billed immediately.

Each Tenant will be issued keys to their apartment on move in day. Tenants are responsible for these keys and must return keys to our office at the end of the Lease Term. If the Tenant fails to return keys there will be a lock replacement charge of $75.00 for each lock that will automatically be deducted from the Security Deposit without further notice.

There will be a $25.00 fee for lost keys.

41. RETURNED CHECKS: All returned checks are subject to a service charge of 50.00

Plus any bank fee accrued by the owner of the property. Late fees will also be applied.

42. MUNICIPAL FINES: Tenant shall be liable for all municipal fines imposed on the Landlord caused by the Tenant's acts or omissions. If the Tenant fails to reimburse the Landlord for said fine, the Landlord may deduct the amount of the fine from the Security Deposit.

43. LIMITED LIABILITY: Tenant agrees that, notwithstanding any other provision of this lease, Landlord shall not be under any personal liability under this lease and, if Landlord defaults hereunder, Tenant shall look solely to the interest of Landlord or its successor in the demised premises for the satisfaction of any judgment or other judicial process requiring the payment of money by Landlord based upon any default hereunder, and no other assets of Landlord or any such successor shall be subject to levy, execution or other enforcement procedure for the satisfaction of any such judgment or process.

44. TOTAL RENT DUE: All Tenants that sign this Lease are jointly and severally responsible for the total rent owed. The total rent owed will remain the same if less than the required number of people occupy the Premises than have signed the Lease. The amount owed per person will increase accordingly if less people occupy the Premises, than is required to fill the apartment. Landlord may use the Security Deposit of any or all Tenants that have signed this lease for unpaid or late rents.

45. Items left in the Premises after the Lease period shall be deemed abandoned property and the Landlord or his agent may dispose of them without notice.