LEASE AND RENTAL AGREEMENT

This lease, made this ______ day of __________, 20____, by and between ________________(“Landlord”) and _____________________________________(“Tenant(s)”).

WITNESSETH THAT:
In consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby Leases unto Tenant, and Tenant hereby rents from Landlord, for the period, at the rental and upon the terms and conditions hereinafter set forth, that certain rental unit situated in the County of Franklin, State of Ohio, in the City of Columbus, Zip ______ and commonly described as _______________________ (hereinafter the “Premises”).

• TERM.  The term of this lease shall commence on the 1^st day of _________________, 20_____, and shall terminate on the ___________ day of___ __________________, 20_____, unless sooner terminated as hereinafter provided.                                 
• RENT. Tenant shall pay landlord, without any prior demand thereof, and without any deduction of setoff whatsoever, as rent for the Premises the sum of ___________________________ Dollars ($ ________), payable in equal monthly installments of ________________________________ Dollars ($_________).  The first such monthly installment is payable upon execution hereof and each remaining monthly installment is payable, in advance, on the FIRST DAY of each ensuing month during the term hereof.  Should the term of this Lease commence on a day other than the first day of the month, the first such monthly installment of rent shall be prorated.  All rent shall be paid at the office of Landlord as set forth in this Lease.
• LATE CHARGE AND BAD CHECK CHARGE.  In the event any of the installments of rent due hereunder are not received by Landlord with five (5) days of date when due, Tenant shall pay to Landlord, in addition to the said installment of rent and at the same time as said delinquent installment of rent is paid, a late charge in an amount equal to 5% of the monthly rental specified herein. Tenant shall pay Landlord the additional sum of  ____________ for each “bad check” delivered by Tenant to Landlord hereunder.
• UTILITIES. Tenant shall promptly pay all charges incurred in connection with the following utilities servicing the Premises:
             GAS                                 WATER                     ELECTRIC 
  Yes  ____ No ____      Yes  ____ No ____      Yes  ____ No ____
  
  Landlord shall not be responsible for any damages incurred by Tenant in connection with the quality, quantity or interruption of any of the foregoing utility services or any other utilities servicing the Premises.SECURITY
• DEPOSIT. Concurrent with the execution hereof, Tenant has deposited with the Landlord the sum of_____________________________________ ____________________ Dollars ($) ______________ (“Deposit”), receipt of which is hereby acknowledge by Landlord. The Deposit shall be held by Landlord as security for the faithful performance of all of the terms, covenants and conditions of this Lease required to be kept and performed by Tenant during the term hereof. Within thirty (30) days after the expiration of the term and the vacation and surrender of the Premises by Tenant, and provided that tenant shall have fully complied with all of the terms, covenants and conditions of this Lease and further, provided that Tenant shall have furnished Landlord with written notice of the forwarding address of Tenant, the Deposit status sheet shall be mailed to Tenant.  In the event Tenant surrenders possession of the Premises prior to the termination date hereof, or in the event Tenant fails to comply with any terms, covenants and conditions contained herein, the Deposit will be applied toward payment of any overdue and unpaid rent and/or to the payment of any damages from the failure to comply, and/or re-renting cost sustained by Landlord by reason of such premature termination and the application thereof by Landlord shall not in any manner prejudice any other legal or equitable rights or remedies which Landlord may have against Tenant by reason of Tenant’s failure to comply with the terms, covenants and conditions contained herein. Under no circumstances shall Tenant be permitted to withhold rent in lieu of the return of the Deposit.
• ALTERATIONS. Tenant shall not paint, decorate or in any manner change or alter the walls, wall surfaces or ceilings situated on the Premises, or otherwise make any alterations or additions to the Premises, nor make any contract thereof, without first procuring the written consent of Landlord. All alterations, additions and improvements made by Tenant to or upon the Premises, except for removable fixtures, shall at once when made or installed be deemed to the freehold and to have become the property of Landlord, provided, however, if prior to the termination of this Lease, or within ten (10) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove the additions, improvements, fixtures and/or installments which were placed in the Premises by Tenants and which are designated in said written notice, and further, Tenant shall repair any damage occasioned by such removal and, in default thereof, Landlord may effect said removals and repairs at the expense of Tenant.  Within fourteen (14) days after the commencement of the term hereof, Tenant shall install drapes, or other suitable window covering approved by Landlord, within the windows of Premises.  Tenants shall not permit, suffer or allow any equipment to be brought upon or installed within the Premises requiring alterations of or additions to the electrical, heating or plumbing system of the Premises or the physical structure thereof.
• REPAIRS BY LANDLORD. Landlord shall keep and maintain the main sewer line, the sump pump (if any), the hot water tank, the furnace, the air conditioning equipment and the electrical system, all appliances including stove, dishwasher, refrigerator and other repairs as deemed necessary by Landlord provided that such maintenance is needed as a result of ordinary and normal wear and tear only. In the event such maintenance becomes necessary by reason of the intentional, willful or negligent acts of Tenants, or their agents, assignees or invitees, then Tenant shall be fully responsible for the cost of such maintenance.
• REPAIRS BY TENANT. Except for those portions if the Premises which the Landlord is specifically obligated to maintain and repair under the provisions of paragraph 7 hereof, Tenant shall maintain and keep in good order, condition and repair the Premises and every part thereof, and any and all appurtenances thereto, wherever located, provided, that Tenant shall not be obligated to make structural repairs to the Premises unless such repairs become necessary by reason of the intentional, willful or negligent acts of Tenant, or their agents, assignees or invitees. Tenant further covenant and agree to replace all broken window glass with glass of the same or similar quality. In the event Tenant refuses or neglects to promptly and adequately commence, make payment or complete those repairs required to be made by Tenant hereunder, Landlord may at the option of Landlord make or complete such repairs and Tenant shall pay the costs to Landlord on demand.
• USE OF PREMISES. Tenant shall occupy and use the Premises for a residential dwelling and for no other purpose without the prior written consent of Landlord. Except for Tenants and such other persons as may be designated on the Application to this Lease, no other persons shall occupy the Premises at any time during the term hereof. Tenants further covenant and agree to execute and comply promptly with all statutes, ordinances, rules, orders and regulations of Federal, State, County, and City governments regulating the use by Tenants of the Premises.  Tenant will not use, or permit the Premises to be used, in any noisy, boisterous or other manner or use that will tend to create a nuisance or otherwise unnecessarily disturb or offend neighboring residents, nor will Tenant use, or permit the Premises to be used, for any purpose deemed extra hazardous on account of fire or otherwise. Tenant shall purchase insurance sufficient to insure the personal property of Tenant stored at the Premises for all risks of physical loss. Tenant shall comply with all rules and regulations as may be adopted, from time to time, by Landlord with respect to the Premises or common areas and the use thereof by Tenant.
• CLEANLINESS AND WASTE. Tenant shall keep the Premises at all times in a neat, clean and sanitary condition, free from waste or debris and shall neither commit nor permit any waste or nuisance thereon.  As part of the Premises leased hereunder, if the Tenant is hereby given the right to use the private patio adjacent to the subject apartment unit, Tenant shall keep said private patio, porch, or deck area, in a neat, clean and sanitary condition and shall maintain any trees, lawn or shrub areas situated within said private patio.
• CONDITION OF PREMISES. Tenant covenants and agrees that acceptance of the Premises, as evidenced by Tenant’s execution of the Lease, shall constitute unquestioned proof that the Premises are as of the date of the commencement of the term hereof in a tenantable, habitable and acceptable condition.
• CARE OF PREMISES.  Tenants shall, at all times, keep the Premises orderly, safe and free from rubbish and dirt and shall store all trash and garbage within ample and appropriate containers so that such trash and garbage can be picked up by the appropriate government authority or private contractor designated to perform such function.  Tenants shall not burn any trash or garbage, at any time, on or about the Premises.  Tenants shall keep Premises free of insects, rodents, vermin and other pest and shall not cause or permit objectionable odors to emanate or to be dispelled from the Premises.  In the event that exterminating services are required in respect to the Premises, the Tenant shall be responsible for the cost thereof, and Tenant will be fully responsible for exterminating cost due to negligence. Further, Tenant(s) shall be responsible for the removal of snow and ice, as necessary and Tenants shall help to keep and protect the lawn, trees, and shrubs, landscaped areas and exterior grounds in a manner acceptable and consistent with relative neighborhood appearances. Tenants shall perform or provide at Tenant’s expense the following lawn and ground maintenance: (None, if nothing inserted) _____________________________________________________________________ _____________________.
• PETS.  No pets shall be kept on or visit the Premises without the prior written consent of Landlord. Tenants covenant and agree that if at any time, even after written approval by Landlord, the Landlord shall determine, in it sole and absolute discretion, that any such pet or animal is in any way causing damage or injury to the Premises or is in any way resulting in the breach of any of the terms and conditions contained herein, and/or in the Pet Addendum, then Landlord may, at the option of Landlord, and after seven (7) days written notice deliver to Tenants, require the removal of such pet or animal.
• LANDLORD’S RIGHT TO INSPECT. Landlord and its agents shall have free access to the Premises, at reasonable hours only, for the purpose of examining the Premises to ascertain if same are in good condition and repair, for the purpose of making reasonable repairs which Landlord may be required to make hereunder and for the purpose of exhibiting the Premises to prospective purchasers, tenants or other parties approved by Landlord.
• SURRENDER OF PREMISES. Upon termination of this Lease, whether by lapse of time or otherwise, Tenant shall surrender to Landlord possession of the Premises, including the appliances, fixtures and equipment contained therein, in a thoroughly clean condition, and in good order and repair, ordinary and normal wear and tear only excepted.  In addition, Tenant shall surrender to Landlord all keys used in connection with the Premises and, failing to do so; Tenant shall pay Landlord all costs and expenses incurred by Landlord in connection with the changing of the door locks with respect to the Premises.
• ASSIGNMENT AND SUBLEASE. Tenant shall not transfer nor assign this Lease, nor let nor sublet the whole or any part of the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may transfer or assign this Lease.
• DEFAULT BY TENANT. In the event Tenant shall fail to pay any of the installment of rent due hereunder, in advance, as foresaid, or shall fail to promptly make any payment required to be made hereunder when the same become due, or shall fail to comply with any of the terms, covenants or conditions hereof, or shall violate any of the obligations imposed by law on Tenant, or if representation made by Tenant in the “Application Agreement” be false, Landlord may proceed to recover possession of the Premises under and by virtue of the provision of any law, ordinance, statute or regulation of any duly constituted governmental authority having jurisdiction over the parties hereto, by such process as may be in operation and force in like cases relative to proceedings between landlords and tenants. Tenant shall pay all costs, expenses and attorney fees (to the extent permitted by law) incurred by Landlord in connection with enforcing the obligations of Tenant hereunder. If proceedings shall at any time be commenced by Landlord for recovery of possession, as foresaid, and if a compromise or settlement shall be effected either before or after judgment, whereby Tenant shall be permitted to retain possession of the Premises, then such proceedings shall not constitute a waiver of any condition or agreement contained herein nor constitute a waiver of any subsequent breach of this Lease.
• DEFAULT BY LANDLORD. Landlord shall in no event be charged with default in the performance of any of its obligation hereunder unless and until Landlord shall have failed to perform such obligation or obligations within thirty (30) days (or such additional time as may reasonably be required to correct any of such defaults) after written notice delivered by Tenant to Landlord, which written shall properly specify wherein Landlord has failed to perform any such obligation.
• LIABILITY. The Tenant agrees to assume all responsibility and relieves Landlord or its agents of all liability and responsibility for any accident, injury or damage either to persons or property that may result from (i) any defect in or about the Premises, including, but not limited to, the adequacy, maintenance and installation of locks, latches, lighting, fencing and gates, any asbestos, radon gas, lead paint, any hazardous or toxic waste materials or any other toxic materials; (ii) failure to provide security services or ice removal. Landlord makes no representations as to the crime rate in or about the Premises and the surrounding area or the safety of living in or about the Premises and the surrounding area. Landlord shall not be liable for damages to property or persons arising from: (a) Landlord’s failure to notify the Tenant of crimes in or about the Premises or surrounding area; or (b) Landlord’s failure to evict a Tenant after Landlord’s actual or constructive notice of such Tenant’s criminal acts; and (c) any act, neglect or omission of any other Tenant in the building, or from any act over which Landlord has no control.
• RECREATIONAL FACILITIES. If applicable, the swimming pool, club house and other recreational facilities, if any, and the common area shall be used only in compliance with the rules and regulations made or hereinafter made by Landlord.  Use of the swimming pool, including, but not limited to, diving board(s) and depth markings, together with fence and gate design and maintenance and other facilities shall be solely at the risk of the Tenant or the Tenant’s guests, agents, assignees, licensees or invitees.
• TERMINATION. Either party hereto may terminate this Lease at the expiration of the term hereof by giving written notice of such intention to terminate to the other party at least thirty (30) days prior to the expiration of the Lease term.  In the event no such notice to terminate is given then this Lease shall continue in full force and effect, subject to the same terms and conditions hereof, except that the term shall be construed to be a tenancy from month to month and further, excepting that Landlord may, at its option, increase the monthly rental applicable to said month to month tenancy providing Tenant at least thirty (30) days written notice of the amount of such increased monthly rental. At any time after commencement of such month to month tenancy Landlord or Tenant may elect to terminate this Lease, by providing the other party with at least thirty (30) days prior written notice of such intention to terminate, and Tenant must provide a forwarding address and meet all Lease obligations.
• BANKRUPTCY, CONDEMNATION, ETC. In the event Tenant is adjudicated bankrupt, becomes insolvent or makes an assignment for the benefit of creditors, this Lease shall, at the option of the Landlord, terminate and the Premises shall forthwith be surrendered to Landlord. In the event the Premises, or any part thereof shall be taken or condemned, in appropriate proceedings, by any duly constitutes governmental authority, this Lease shall terminate and Landlord shall have no liability to Tenants for any inconvenience or damage caused by reason of such condemnation.
• MECHANICS LIENS. Tenants shall protect, indemnify, save and keep harmless Landlord from and against any and all claims made by contractors, subcontractors, material men or laborers in respect to any alterations, repairs or other leasehold improvements made to the Premises by tenants. Landlord shall not be liable for any labor or materials furnished to the Tenants in connection with any such work performed at the Premises and no mechanic’s or other lien for such labor and/or materials shall attach to or affect the interest of the Landlord in the Premises.  Tenants hereby agree to pay, discharge by bond, deposit or successfully defend against any such liens.
• TAXES. Landlord shall pay all real property taxes and assessments as may be levied against the Premises.
• TITLE AND POSSESSION.  Landlord covenants and warrants that it has full right and authority to enter into this Lease for the full term hereof and that it is lawfully seized, in fee simple, of the Premises.  Landlord further covenants that Tenants, upon paying the rent provided for herein and upon performing the covenants and agreements of this Lease to be performed by Tenants, will have, hold and enjoy quiet possession of the Premises.
• MISCELLANEOUS. (a) All rights and remedies of Landlord herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law.  Likewise, the exercise by Landlord or any remedy provided for hereunder or allowed by law shall not be to the exclusion of any right or remedy. (b) One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition.  The consent or approval of either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. (c) Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever except for the relationship of Landlord and Tenant. (d) The laws of the State wherein the Premises are situated shall govern the validity, performance and enforcement of this Lease. (e) As used in this Lease and whenever required by the context hereof, each number, both singular and plural, shall include all numbers, and each gender shall include all genders. All covenants and agreements herein contained on the part of Tenant shall be joint and several. (f) All of the terms and conditions hereof shall apply to, run in favor of and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns; provided, that Tenant may not assign his interest hereunder without the prior written consent of the Landlord, as provided for in Paragraph 17, hereof. (g) This Lease contains the entire agreement between the parties hereto relating to the subject matter hereof and may not be modified except by a writing signed by the parties hereto. (h) The paragraph titles used herein are for convenience only and do not define, limit or construe the contents of such paragraphs. (i) Whenever under this Lease a provision is made for any demand, notice or declaration of any kind to be served upon Landlord, such demand, notice or declaration shall be served, in writing, by registered mail, prepaid postage as follows: To Landlord (Owner of Premises:)