5. SECURITY DEPOSIT.  The Tenant agrees to deposit with the Landlord the sum of $                                   as security for his or her faithful performance under the Lease (“the Security Deposit”).  The Tenant agrees the Security Deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last month of occupancy. The Landlord, at the expiration of the Lease or hold-over tenancy, may apply the Security Deposit for past due rent, fees, utilities, and/or for the cost of repairing damages beyond reasonable wear and tear to the Premises caused by the Tenant, his/her guests, family or invitees.  Also, abandonment or vacating of the Premises by the Tenant before the end of the term shall result in the Landlord deducting damages he has incurred from the Security Deposit.  The Landlord shall attempt to mitigate any damages as a result of abandonment.  In the case of multiple Tenants, each Tenant shall be jointly and severally responsible for all losses incurred by the Landlord occasioned by the tenancy.

 

The Tenant agrees to provide the Landlord, in writing, a forwarding address upon vacating the Premises.  The Landlord agrees to return to the Tenant the Security Deposit, or whatever part has not been applied in payment of any Tenant obligations under the Lease, within thirty (30) days after the expiration of the Lease and delivery of possession of the Premises to the Landlord (door keys and department door keys), whichever is last to occur. Any deductions from the Security Deposit shall be itemized and identified in writing by the Landlord during this same time period.  This provision does not waive rights of the Landlord to seek damages in excess of the Security Deposit. The Tenant agrees to reimburse the Landlord for any rent, fees, utilities due and/or damages exceeding the Security Deposit.

 

If no security deposit has been collected for this lease agreement; it does not mean that upon move into another unit or at any time during the lease agreement that the landlord cannot require a deposit.

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6. KEYS.  The Tenant will be provided with keys that will include 2 apartment door keys for single residence, a key to the front entrance and a key to the back door of the unit. If at any time the landlord requests keys to be returned for the unoccupied unit, the tenant must return the keys to the unit within 48 hours to the landlord. Other keys may be provided for secured access into the laundry facility. These keys may not be duplicated. There will be a $100.00 re-keying charge for any of these keys not being returned upon vacating the premises; that charge is per key. If the tenant is locked out of the unit, it is the responsibility of the tenant to contact the locksmith and pay to enter the apartment. The fees associated with the locksmith will be solely on the tenant. Tenant must contact a locksmith company registered with the better business bureau. Failure to do so will result in a cost to rekey the door.

 

            For the security of the property none of the keys should be provided to non-residents. Any nonresident found using these keys to enter the building will be a violation of the lease and subject to eviction upon the landlords’ discretion.

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7. MOVE OUT NOTICE AND RENEWAL.  Unless another Lease is signed by the parties hereto or unless written notice of termination or non-renewal of the lease is given by one party to the other at least thirty (30) days before expiration of the Lease, the Lease shall be automatically renewed on a month to month basis. The Tenant's move-out notice may not terminate the Lease sooner than the end of the Lease term. The Tenant's move-out notice must terminate the Lease on the last day of the month following the next rental due date. Verbal notice is not enough.

 

            If the tenant fails to notify the Landlord in writing at least thirty (30) days before moving out, the tenant is subject to penalties outlined in section 7a or section 7b whichever penalty is greater in cost.

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7A. MOVE OUT PENALTY.  If the tenant does not provide at least thirty (30) days’ written notice to vacate the unit, the Tenant is responsible for the rent in the month in which the tenant move’s out at the agreed upon lease amount and the Tenant is responsible for the following month from the month in which the Tenant moves’ out at maximum market rent. Maximum market rent is defined as the highest amount the Landlord can get in rent for the unit, which equates to $800 for a two (2) bedroom and $700 for a one (1) bedroom apartment unit.

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7B. MOVE OUT PENALTY.  If the tenant does not provide at least thirty (30) days’ written notice to vacate the unit, the Tenant is responsible for the rent for every month remaining in the lease term plus one additional month at the rental rate outlined in this lease agreement.

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8. UTILITIES.  The Landlord shall pay for water, heat, sewage and storm water.  The Tenant agrees to pay for all other utilities, related deposits and charges on the Tenant's utility bills.  The Tenant shall not allow utilities, other than cable TV, to be disconnected by any means (including non-payment of bill) until the end of the Lease term or renewal period. The Tenant agrees to reimburse the Landlord for any utility bills paid by the Landlord during the Tenant's responsibility for the Lease. Utilities shall be used only for normal household purposes and not wasted.

 

Disconnection of the electric or gas service due to non-payment by the Tenant for more than five (5) days shall be considered material non-compliance under Section 17.

 

8A. EXCESSIVE UTILITY USAGE.  As it relates to water usage identified by The Greater Cincinnati Water Works Company, if the Tenant is found excessively utilizing the water via additional guests, negligence and/or failed reports of water issues, the entire water bill for the month or months for which the usage is found to be excessive will be the responsibility of the Tenant to pay. Failure to pay in full or set up payment arrangements in which the Tenant is current on every month, will result in eviction and it is to the discretion of the Landlord to pursue compensatory and punitive damages based on the infractions incurred due to water usage and non-usage. Standard quarterly water usage for the Tenant’s unit is based on the number of contractual occupants outlined by the Tenant in Section 4 of the lease agreement and is categorized as standard or not being standard (excessive) by the usage metrics and/or trends outlined by The Greater Cincinnati Water Works Company.    

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9.  PETS.  There shall be no dogs, cats, hamsters, birds, farm animals, amphibians, reptiles, mammals, fish, or pets of any kind permitted in, on, or about the Premises, or adjoining common areas (even temporarily), without the Landlord’s written consent.  If a pet has been in the apartment at any time during the Tenant's term of occupancy (with or without the Landlord's consent), a charge may be assessed to the Tenant for defleaing, deodorizing, and/or shampooing, and/or other damages occasioned by the pet. Violation of this can result in eviction and is to the discretion of management. Tenant will face a fine of $2000 for any pet violation in addition to the fees associated with cleaning up after the pet.

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10. INSURANCE.  Tenant will be responsible for insuring the entire Tenant's personal property within the Premises.  Therefore, it is strongly recommended that the Tenant purchase a Renter's Insurance policy, and the Tenant hereby relieves the Landlord of all risk that can be ensured there under.

 

11. USE AND ASSIGNMENT/SUBLETTING.  The Tenant agrees that the Premises shall be used only as a dwelling unit and for no other purpose; nor shall Premises or any part thereof be sublet or assigned, nor shall the number or name of occupants be increased or changed, without written consent of the Landlord.

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12. TENANT'S DUTIES: The Tenant shall:

 

A.        Keep the Premises that he/she occupies and uses safe and sanitary;

B.        Dispose of all rubbish, garbage, and other waste in a clean, safe and sanitary manner approved by the landlord;

C.        Keep all plumbing fixtures in the Premises or used by the Tenant as clean as their condition permits;

D.        Use and operate all electrical and plumbing fixtures properly;

E.        Comply with the requirements on tenants by all applicable state and local housing, health and safety codes;

F.         Personally refrain, and forbid any other person who is on the Premises with his/her permission, from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance or, other part of the Premises;

G.        Maintain in good working order and condition any range, refrigerator, washer, dryer, dishwasher, or other appliances supplied by the Landlord;

H.        Promptly notify the Landlord of the need for repairs, if it’s found that maintenance has been delayed on the part of the tenant, the tenant agrees to pay for the maintenance service calls (typically triple [3] bid out the jobs) and repairs. Tenant agrees to pay for any maintenance call and service if it is found by a professional that the damage was due to Tenant and not normal ware and tare;

I.          Conduct himself/herself and require other persons on Premises with his/her consent to conduct themselves in a manner that will not disturb his/her neighbors’ “peaceful enjoyment” of the Premises;

J.         Not unreasonably bar the Landlord or his/her agents from entering the Premises;

K.        Conduct himself/herself, and require persons in his/her household and persons on the Premises with his/her consent to conduct themselves, in connection with the Premises so as not to violate the prohibitions contained in Chapters 2925. and 3719. of the Revised Code, or in municipal ordinances that are substantially like any section in either of those chapters, which relate to controlled substances;

L.         Tenant shall regularly test all smoke detectors, supply electric current thereto, as applicable, and notify management of any mechanical failure, need for repair, or replacement;

M.        Personally refrain, and forbid any other person who is visiting the premises with his/her permission, from smoking in the unit itself, on the balcony, on the patio, in the grass area attached to property, in the driveway, in the garage, in any common areas around the premises and in the premises. If tenant and/or associates are caught smoking there will be a fee of $2000 assessed for de-smoking the unit. Failure to pay will result in eviction;

N.        Personally, refrain and forbid any other person who is visiting the premises with his/her permission from grilling or barbecuing on any outside area of the Premises, including decks; there is to be no barbecuing on the balconies, patios or decks whatsoever. If tenant or associates of tenants are found on the property barbecuing, this will be grounds for eviction;

O.        Always maintain the temperature of the Premises at 55 degrees or above. Failure to do so and any damage to the pipes or items attached to the structure of the tenant’s unit will be the responsibility of the tenant financially to replace and grounds for eviction;

P.        Properly maintain any and all authorized vehicles parked within the parking areas around the Premises and owned by Landlord (the “Parking Areas”), refrain from parking any motor home, camper, trailer, boat, boat trailer or other recreational vehicle within the driveway, and refrain from performing any repair work on vehicles within the driveway.  Vehicles in violation of this subsection P are subject to towing at Tenant’s expense. A parking pass request shall be issued upon tenant’s completion of request form and supply of pertinent information regarding the said vehicle in the process of registering the vehicle with management. Management reserves the right to offer street parking only, and to revoke parking pass for violations as determined by management;   

Q.        The property is equipped with a laundry area. For the safety of residents and security of this area, the laundry room is strictly for tenants only. If any visitor of the tenant’s is found in the laundry room, this is a violation of the lease and grounds for eviction in addition to a $200 charge per incident.

R.        No tenant may utilize a storage unit without the consent of management or the owner. A separate contract will be provided, and extra fees ($100/month) charged for use of the storage units in the laundry area at the managements’ discretion. If there are any items found in the laundry area, the management reserves the right to confiscate the goods in the unit and break any lock obstructing entry into the storage unit;

S.        Utilities are to be placed in the tenants’ name as it relates to the electric on the building. Any service interruption with your electricity is the responsibility of the tenant, not the landlord. Duke Energy has the necessary information to enter and exit the building and remotely monitor and manage your gas and electricity, therefore all gas and electricity matters shall be between Duke Energy (or nay other said utility company) and the Tenant. Do not contact management or the owner to discuss tenant’s Duke Energy services, contact Duke Energy directly. If there is an issue in gaining access to the building for a meter reading, Duke Energy will contact management or the owner. If the tenant has problems with Duke Energy not reading the tenants’ meter or only doing an estimate, it is the tenant’s responsibility to contact Duke Energy, there is nothing that management or the owner can do on behalf of the tenant as neither party has access to the tenant’s account information or specific history and information for their electricity service; and

T.         If you cannot get the utilities turned on in your own name, management reserves the right to terminate this contract; and

U.        For maintenance issues, please submit a maintenance request form online at www.roseberryrealty.com. You can also contact 513-201-5669 and report your maintenance issue. Do not contact management unless it is a dire emergency. Any maintenance requests not submitted by phone will not be addressed and deferred maintenance will be on the tenant. The maintenance number has to be utilized in order to know exactly what the issue is and for records of maintenance issues with that particular unit. Tenant agrees to not have any guest or contact another person to come to the premises to conduct maintenance repairs on their unit or anywhere in the building or grounds. If a Tenant or associate of the tenant have been found to have worked on the building, the Tenant agrees to pay a $500 fine for each incident; and

V.        Tenant agrees to be responsible for guests and any noise violations. After three separate incidents with noise violations, the tenant is subject to eviction, whether the police have been called or not; and

W.       If the tenant or tenant’s guests are caught littering around the building, the Tenant agrees to pay a $50 fine for each occurrence; and

X.        Tenant’s guests are not allowed to loiter around the building. Tenant agrees to be responsible for their guests and are asked to keep their guests in their unit or on their balcony or patios; the front stairs to the building and the hallways are not to be used as a hangout and anyone seen violating this loitering rule, the Tenant of the guest agrees to pay a $100 fine for each instance; and

Y.        If at any time the tenant is behind in payments for any fees and/or violations not associated with the payment of rent, it is to the discretion of the landlord to file an eviction at anytime with a 30 day notice regardless if rents for the unit has been accepted; and

Z.         If the tenant has provided written notice to vacate the premises or management has asked the tenant to leave with proper notice, management reserves the right to enter the apartment with 24-hour notice to show the apartment for future tenants, maintenance, assessment, etc.; and

AA.     Tenant agrees to not set up or have any cable antenna’s or satellite’s posted, drilled, and/or affixed to the building. Any damage as a result of this negligence will result in a $500 fine in addition to the cost of repairs, which will be the responsibility of the tenant; and

BB.      The garage spaces can be rented for $100 a month. Anyone found utilizing the garage space without permission will be subject to the $100 fine in addition to towing expenses on the part of a professional towing company.

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13. LANDLORD'S DUTIES: The Landlord shall:

 

A.        Comply with the requirements of all applicable building, housing, health and safety codes that materially affect health and safety;

B.        Make all repairs and do whatever is reasonably necessary to put and keep the Premises in a fit and habitable condition;

C.        Keep all common areas of the Premises in a safe and sanitary condition;

D.        Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning fixtures and appliances, and elevators, supplied, or required to be supplied by the Landlord;

E.        Provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;

F.         Supply running water, reasonable amounts of hot water and reasonable amounts of heat at all times, except where the building that includes the Premises is not required by law to be equipped for that purpose, or the Premises is so constructed that the heat or the hot water is generated by an installation within the exclusive control of the Tenant and supplied by a direct utility connection;

G.        Except in the case of emergency, or if it is impractical to do so, give the Tenant at least twenty-four (24) hours notice of his intent to enter and enter only at reasonable times; and
H.        Landlord shall furnish and repair smoke detectors as required by law.

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14. CONDITIONS OF PREMISES AND ALTERATIONS.  The Tenant accepts the Premises AS IS, except for conditions materially affecting health or safety of ordinary persons, and except as otherwise indicated on the inventory and condition form described below, the Landlord makes no implied warranties.  The Landlord shall provide an inventory and condition form to the Tenant on or before move-in. Within seven (7) days after move-in, the Tenant shall note all defects or damages on the form and return it to the Landlord's agent; otherwise the Premises shall be presumed to be in clean, safe and good working condition.  The Tenant shall use customary diligence in care of the apartment and common areas.  Whenever damage is caused by the Tenants, the Tenant's guests, or occupants due to carelessness, misuse, neglect, or failure to notify the Landlord of any need for repairs, the Tenant agrees to pay (1) the cost of all repairs and do so within thirty (30) days after receipt of the Landlord's demand for the repair charges; and (2) rent for the period the unit is damaged whether or not the unit is habitable.  The Tenant may not perform any repairs, painting, wallpapering, carpeting, electrical changes, or other alterations to the Landlord's property except as authorized by the Landlord in writing.  No holes or stickers are allowed inside or outside the apartment; however, a reasonable number of small nail holes for picture hanging are permitted.  No water furniture, antennae, additional phone or TV cable outlets, alarm systems, or lock changes, additions, or rekeying shall be permitted except by the Landlord's prior written consent.  The Tenant shall not disable, disconnect, alter or remove the Landlord's property, including security devices, alarm systems, smoke detectors, appliances, furniture, and screens.  When the Tenant moves in, the Landlord shall furnish light bulbs for fixtures furnished by the Landlord; thereafter, light bulbs of the same wattage shall be replaced at the Tenant's expense. When moving out, the Tenant shall surrender the Premises in the same condition as when received, reasonable wear accepted.

 

The Landlord is not required to rebuild or restore the Premises if it becomes uninhabitable by reason of fire or other casualty caused by the negligence of the Tenant, Tenant’s guests, or occupants.

 

15. WHEN THE LANDLORD MAY ENTER.  The Landlord or the Landlord's representatives may peacefully enter the Premises during reasonable times for the purposes listed below, provided the Tenant or the Tenant's guests are present.  If no one is in the Premises, and request has been made for repair and/or entry by the Tenant, the Landlord, or the Landlord's agents may enter peacefully and at reasonable times by duplicate or master key.  If the Landlord requests entry, a written notice shall be given to the Tenant twenty-four (24) hours prior to entry. The Landlord reserves the right to enter the Premises without notice in case of emergency or when advance notice is not practical. The Landlord reserves the right to enter by other means if locks have been changed in violation of the Lease.

 

Such entry may be for: repairs, estimating repair or refurbishing costs; pest control; preventive maintenance; filter changes; testing or replacing smoke detectors; retrieving unreturned tools or appliances; preventing waste of utilities; delivering, installing, reconnecting, or replacing appliances, furniture, equipment, security devices or alarm systems; removing or rekeying unauthorized security devices or unauthorized alarm systems; removing health or safety hazards (including hazardous materials); inspections when imminent danger to person or property is reasonably suspected; entry by a law enforcement officer with search warrant or arrest warrant; showing apartment to prospective tenants; or insurance agents; or other valid business purposes.

 

16. NON-LIABILITY. The Tenant acknowledges that any security measures provided by the Landlord shall not be treated by the Tenant as a guarantee against crime or a reduction in the risk of crime.  The Landlord shall not be liable to the Tenant, the Tenant's guests, or occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. The Landlord shall not be liable to the Tenant, guest or occupant for personal injury or damage or loss of personal property from fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, and interruption of utilities unless caused by the Landlord's recklessness.  The Landlord has no duty to remove ice, sleet, or snow; but the Landlord may do so in whole or in part, with or without notice.  If the Landlord's employees are requested to render services not contemplated in the Lease, the Tenant shall hold the Landlord harmless from all liability for same.

 

17. LEASE COMPLIANCE.  The Landlord and the Tenant have, at all times, the right to require compliance with all covenants, terms and conditions of the Lease, notwithstanding any conduct or custom on the Landlord’s or the Tenant’s part in refraining from so doing at any time.  Waiver at any time of any breach or condition of the Lease shall not constitute or become a waiver of any subsequent breach, or change any condition of the Lease.  The Landlord, where not required by law, may discontinue any facilities, amenities, or such services rendered by the Landlord and furnished to several tenants on a common basis, not expressly covenanted for herein, it being understood that they constitute no part of the consideration for the Lease.

 

18. DEFAULT BY THE TENANT.  In the event the Tenant is in default of any of the terms or obligations of the Lease, violates and/or fails to comply with any of the covenants, terms, or conditions of the Lease, or any community policies herein or hereafter adopted by the Landlord, said default shall constitute grounds for termination of the Lease and/or eviction by the Landlord.  It is expressly understood and agreed that the Tenant shall be and remain liable for any deficiency in rent until the Lease expires or until such time as in the interim, the Premises are leased by another acceptable tenant. The Tenant shall also be and remain liable for any expense incidental to re-letting, cleaning costs beyond normal wear and tear, trash removal, painting costs, utilities, or any other damages and costs which the Landlord has sustained by virtue of the Tenant's use and occupancy of the Premises or default under the Lease. Providing any false information on the rental application shall also constitute default under the terms of this Lease and, in such event, Landlord may terminate the tenancy and evict the Tenant at the Landlord’s sole and absolute discretion.

 

19. TRASH REMOVAL. Should the tenant not take out assigned trash cans and is found non-compliant with the City of Cincinnati regulations in proper disposing of trash, the tenant shall pay all associated fees from property management travel, fees assessed from the City, and any other fees associated with the infraction. Failure to pay the associated fees by the date and time designated by the city, will result in eviction.

 

20. DEFAULT BY THE LANDLORD. If the Landlord is in default of the obligations imposed by the Lease, the Tenant may terminate the Lease by following these procedures (as directed by Revised Code 5321.07): (1) the Tenant shall make written request to the Landlord or Landlord's agents for repair or remedy of the condition within a reasonable time, and all rents must be current at such time; after receiving the request, the Landlord shall have the reasonable time to repair, or remedy, considering the nature of the problem and reasonable availability of materials, labor and utilities, (reasonable time is considered to be not more than thirty (30) days); if such time has passed and if the Landlord has not made a diligent effort to repair or has not reported on the progress of remedy, then the Tenant may deposit all rent that is due, on or before the due date, with the Clerk of Courts of the Municipal of County have jurisdiction or (2) the Tenant may give written notice of intent to terminate the Lease unless the repair is made within thirty (30) days.

 

21. ENTIRE AGREEMENT.  This Lease, and any attached addenda, is the entire agreement between the Landlord and the Tenant.  No representations oral or written, not contained herein or attached hereto, shall bind either party, except any attached Addendum.  The Landlord or the Landlord's agents (including management personal and other employees or agents) do not have authority to waive, amend or terminate the Lease or any part of it and do not have authority to make promises, representations or agreements which impose duties of security or other obligation on the Landlord or the Landlord’s agents unless done in writing.  No action or omission of the Landlord’s representative shall be deemed a waiver of any subsequent violation, default, or time or place of performance.

 

22. SEVERABILITY. If any portion of this Lease is found to be void, unenforceable, or against public policy, the remaining portions of the Lease shall not be affected.

 

23. BINDING EFFECT. This Lease is binding on the Landlord and the Tenant and on their respective heirs, successors, executors, and administrators.  The Consumer Sales Practices Act does not apply to the Lease.

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24. ADDENDA.  The following addenda and other provisions attached are a part of the Lease. (As initiated below by Tenant and Landlord).