Property address:____________________

Term: The term of this Lease shall begin on June 1, 2008, and shall run through May 20, 2009.

Rent and Security Deposit: The rent shall be paid in equal installments of $1000 payable in advance on the first day of each and every month of the lease term except for June, 2008, and May, 2009, which must be paid at signing of the lease. Mail rent to David Sutherland at 25 Erregger Terrace., Syracuse, NY, 13224.

If the rent payment is not made before the end of the 5th day of the month, Landlord may assess a late charge of $5 per day for each day the rent or any portion of the rent remains unpaid, up to a maximum late charge of $50/month. The late charge may be avoided if Tenant gives notice to Landlord prior to the rent due date that payment may be late and Landlord agrees to a later payment date. This agreement must be in writing, however, in order to be binding upon Landlord.

Tenant shall pay a security deposit equal to one month’s rent and also shall pay the rent due on June 1, 2008, and May 1, 2009, upon signing of the lease. If Tenant surrenders the Lease Premises at the end of the Lease Term in good and broom-clean condition, the deposit shall be returned in full to Tenant no later than 21 days after surrender of the Lease Premises. No security deposits will be refunded until all rents have been paid and all late charges and water bills have been reconciled. No deposits will be refunded until absolutely everything belonging to the residents, including any trash or any vehicles, has been removed, and the premises have been cleaned. The security deposit cannot be used as rent.

Utilities: All utilities used in the Lease Premises shall be the responsibility of Tenant. Tenant must make arrangements directly with service providers for the provision of gas, electric, telephone and cable television services. Water remains in the name of the manager, who bills the residents quarterly.

The "controlling terms" attached to this lease are a part of this lease and are binding on the parties to the lease.

The parties to this Lease hereby bind themselves by their signatures this ___ day of ________,200__ When signed by Landlord and Tenant, this lease is a legal and binding document. Read carefully before signing.

Landlord: David Sutherland, 25 Erregger Ter., Syracuse, NY 13224
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Signatures

_______________________________________________________Water Bill Contact
This resident agrees to be responsible for collecting quarterly water bill payments from all residents and sending them to me.

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NAME and email address_________________________________________________________________
Parents name, address and phone number_____________________________________________________
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Summer phone, if different than above________________________Your cell phone #_________________
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NAME and email address_________________________________________________________________
Parents name, address and phone number_____________________________________________________
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Summer phone, if different than above________________________Your cell phone #_________________
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NAME and email address_________________________________________________________________
Parents name, address and phone number_____________________________________________________
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Summer phone, if different than above________________________Your cell phone #_________________
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NAME and email address_________________________________________________________________
Parents name, address and phone number_____________________________________________________
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Summer phone, if different than above________________________Your cell phone #_________________
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NAME and email address_________________________________________________________________
Parents name, address and phone number_____________________________________________________
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Summer phone, if different than above________________________Your cell phone #_________________
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NAME and email address_________________________________________________________________
Parents name, address and phone number_____________________________________________________
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Summer phone, if different than above________________________Your cell phone #_________________








Disclosure of information on lead-based paint and/or lead-based paint hazards

Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint or lead-based paint hazards in the dwelling. Lessees must also received a federally approved pamphlet on lead poisoning prevention.

Lessor's Disclosure
Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

Lessor has no reports pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Lessee has received the pamphlet Protect Your Family from Lead in Your Home.

Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge that the information they have provided is true and accurate.

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Signature Date

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Signature Date

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Signature Date

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Signature Date

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Signature Date

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Signature Date



1. Liability: The tenants are jointly and severally liable for performance of all obligations under this Lease. This means that, if more than one person has signed this Lease, then each one of them, as well as all of them collectively, is individually responsible for the fulfillment of each and every condition of the Lease, including payment of the entire monthly rent amount.

2. Delivery of possession of Lease Premises: If Landlord does not deliver possession of the Lease Premises to Tenant within 4 days after the starting date of the Lease term, Tenant may declare this Lease null and void. If the delay is due to construction or repair of the Lease Premises, then this grace period shall be extended for an additional 4 days. Should any such delay occur, Landlord must inform Tenant in writing of the date on which possession of the Lease Premises may be had, and Tenant shall pay only a pro-rata portion of the monthly rent for the days on which the premises were occupied. The Lease Term shall not be extended by any delay in delivery of the Lease Premises.

3. Landlords failure to deliver: In the event Landlord fails to deliver possession of the Lease Premises within the grace period described above, Tenant may terminate the Lease by giving Landlord written notice of such, which shall render the Lease null and void. At Tenant's option, the Landlord may provide Tenant with comparable accommodations at an equal rental rate. Otherwise, Landlord must, upon receipt of Tenant's written termination notice, immediately return the full amount of the deposit to Tenant, together with any other funds paid by Tenant to Landlord and together with Tenant's actual damages, not to exceed an amount greater than the sum of two months rent.

4. Condition and inventory statement: On the day Tenant takes possession of the Lease Premises, Landlord shall provide Tenant with a Condition and Inventory Statement form, on which Tenant shall indicate the current condition of the Lease Premises and all fixtures and furnishings contained in the Lease Premises. Landlord and Tenant shall sign two copies of the Condition and Inventory Statement and each shall keep one signed copy. Tenant shall return the Lease Premises at the end of the Lease Term in the condition in which the Lease Premises were found, reasonable wear and tear excepted.

5. Maintenance and repairs: The Lease Premises shall be in good repair and suitable condition for human habitation at the time possession is delivered to Tenant. Landlord shall maintain the Lease Premises in such good repair and condition throughout the Lease Term and shall do the same for any common areas used by Tenant. In the event that something needs repair, Tenant shall notify Landlord promptly and Landlord shall make all appropriate arrangements for such repair and shall complete such repair within five (5) business days. If the repair is such that it cannot be made within 5 business days, then Landlord shall act promptly and expeditiously to have the repair completed as quickly as is practicable, and shall notify Tenant in writing of the expected completion date. In the case of a system failure or other problem that renders the Lease Premises uninhabitable, such as a furnace failure in the winter (not caused by power outage) or no running water at any time of the year, Landlord shall repair that failure or problem immediately.

6. Premises Uninhabitable: If through any natural or extraordinary force, or due to the negligence of a third party (not Landlord or Tenant), the Lease Premises are rendered uninhabitable, this Lease may be terminated by either party at that party’s election. Upon such termination, all prepaid rents and refundable security deposit shall be refunded to Tenant. If substitute housing is not provided, Landlord elects to restore the Lease Premises, and Tenant chooses not to terminate this Lease, the Tenant shall be entitled to a pro-rata reduction of the monthly rend for the period of time during which the Lease Premises were uninhabitable.

7. Notices: All written notices or demands shall be served either by person or by regular or certified mail. Notice to Landlord shall be given at the address listed at the start of this Lease. Notice to Tenant shall be given at the Lease Premises or at the permanent residence address listed at the start of this lease.

8. Landlord’s Right to Enter Lease Premises: Landlord may enter the Lease Premises only if in the following situations: (a) in case of emergency; (b) to make necessary or agreed-upon inspections, repairs, alterations or improvements; (c) to supply necessary or agreed-upon services; (d) to show the Lease Premises to prospective tenants or purchasers; (e) upon Tenant’s abandonment of the premises; (f) pursuant to court order; and (g) with Tenant’s consent. Except in cases of emergency, abandonment, or tenant consent, entry may only be made after 24-hour advance notice to Tenant, and then such entry shall be made only between the hours of 8:00 a.m. and 8:00 p.m.

9. Remedies for Tenant Default: If Tenant fails to perform any term, covenant or obligation under this Lease, and that failure continues or re-occurs after written demand for compliance with the Lease has been given to Tenant by Landlord, then Landlord may elect to declare the Lease forfeited and may proceed to recover possession of the Lease Premises from Tenant. If Tenant breaches the Lease by abandoning the Lease Premises, the Owner may declare the lease terminated and of no further force or effect. Absence from the Lease Premises for the duration of semester breaks or breaks between semesters shall not be deemed abandonment of the premises.

10. Remedies for Landlord Default: If Landlord fails to perform any tern covenant or obligation under this Lease, and that failure continues or re-occurs after written demand from Tenant for Landlord’s compliance with the Lease, then Tenant may declare Landlord in breach and the Lease of no further force or effect. This declaration must be in writing and served upon Landlord in accordance with the Notice provision in Paragraph 7 above, in order to be effective. After such termination, landlord must return to Tenant all prepaid rents and the refundable portion of the security deposit.

11. Duty to Mitigate: Landlord must attempt to mitigate damages caused by Tenant’s default, by making reasonable efforts to re-let the Lease Premises. Landlord shall have complied with this duty if Landlord places a newspaper advertisement for this purpose and that advertisement runs for three consecutive days during a one-month period. Tenant must also attempt to mitigate damages caused by Landlord’s default, by making a prompt, good faith effort to secure housing at a rental amount similar to that charged by Landlord for the Leased Premises.

12. Dispute Resolutions: In the event Landlord and Tenant are unable to resolve a dispute or claim arising between them in connection with this Lease, either party may submit that dispute or claim to any alternative dispute resolution service, including mediation services or judge. PARC (Program on the Analysis and Resolution of Conflicts), or Student Legal Services. This provision shall not prevent the parties from choosing another forum for their dispute, however. It is not meant, nor shall it be deemed, to required mediation or arbitration or to limit the parties remedies in any way.

13. Additional Rules and Regulations: Landlord’s Rules and Regulations pertaining to the Lease Premises, if any, shall be signed by Tenant and attached to this Lease, and shall thereby become incorporated into this Lease as if stated in full herein. Other Rules and Regulations may be added after commencement of the Lease Term, but must be provided to Tenant in writing, must have a reasonable basis and legitimate purpose, must be fairly and equally enforced, and may not significantly modify to Lease Agreement.

14. Sublease or Assignment: Only those persons whose names appear on this lease may remain as residents or guests for more than one week. Additional residents may be added with the written permission of the manager, who may adjust the rent accordingly. Subletting is allowed with a written contract. You may not sublet any part of May if your lease ends May 30!
If you sublet, the rent payment must be made to the manager by the original leaseholders. The subletters must pay the leaseholders.

15. Noise and Nuisance: Tenant shall observe city ordinances that prohibit any excessive noise or creating any nuisance that crosses property lines thereby that disturbs the peace of neighboring residents. This ordinance is in effect 24 hours a day.

16. Pets: No pets are allowed in the Lease Premises or any part of the building, UNLESS Landlord has consented in writing to such.

17. Use of Premises: The Premises are to be used for lawful residential purposes only.

18. Legal Fees: In the event of any legal action between the parties concerning this Lease, the losing party shall pay to the prevailing party that party’s collection expenses, court of mediation costs and disbursements, and reasonable attorney’s fees.

19. Lease Renewal: Landlord is not required to renew this Lease at the end of the Lease Term. After providing Tenant with the terms of a new lease for a term commencing after the end of the Lease Term specified herein, Landlord may ask Tenant to sign a new lease at any time.

20. Covenants and Conditions: Each term and provision of this Lease shall be deemed a covenant (a promise to perform) and a condition.

21. Inspection At End of Lease Term: When possession of the Lease Premises is returned to Landlord, Landlord and Tenant shall conduct a joint inspection of the premises and the furnishings and fixtures contained therein. A Final Condition and Inventory Statement shall be completed during the inspection and compared with the original Condition and Inventory Statement prepared at the start of the Lease Term. Landlord and Tenant shall sign two copies of the Final Statement and each shall retain a signed copy. Within twenty-one (21) days after the inspection, Landlord shall return to Tenant a check in the amount of the security deposit minus any deductions made for property damage in accordance with the Final Condition and Inventory Statement.

22. Mowing and shoveling: It is the responsibility of Landlord to keep shrubbery neatly trimmed and to mow lawn during growing season to assure that grass never exceeds eight inches. It is the responsibility of the Tenant to shovel walk during the snow season after every snowfall of more than one inch.

23. Trash: Tenant agrees to put trash out after 8 p.m. on the night before pickup in securely tied plastic bags and or sturdy trash barrels with tight lids to prevent animal spillage of trash and garbage. Trash receptacles shall be returned to storage the same day as pickup. It is the responsibility of Landlord to provide garbage cans. Residents agree to familiarize themselves with the city recycling regulations and to comply fully with those regulations.

24. Parking: Tenants may park on paved parking areas behind the front edge of the house. It is a violation of city ordinances to park on lawns and to block sidewalks.

25. Parties: Live bands or open parties are strictly prohibited at all times.

26. Alcohol sale: This property is leased as a private residence and the sale of alcohol or distribution of alcohol to minors is prohibited.

27. Returned check charge: If a rent check is returned unpaid by the resident's bank for any reason, the resident agrees to pay any service charges incurred by the manager plus a $10 service charge.

28. Quite enjoyment and habitability: Subject to the terms of this lease, as long as Tenant is not in default, Tenant may peaceably and quietly have, hold and enjoy the apartment for the term. Landlord states that the apartment and building are fit for human living and there is no condition dangerous to health, life or safety.



If you want to lease the house again for the school year after next, you should contact me early next fall. Students start calling me in early September looking for housing for the following school year. Do not be surprised, or alarmed, when you get a note in early September from the landlord asking about your plans for housing for the next school year

Residents may not paint any part of the house without written permission.

Premises are to be heated at all times to a minimum of 50 degrees to protect against any damage from freezing.

Landlord insures only the building, not the contents.

Resident agrees to keep grounds neat and free of litter.
Premises being rented have been provided by the manager with one or more smoke detectors as required by law. If a battery powered smoke detector beeps intermittently, resident agrees to replace the battery promptly. Batteries last approximately one year. Resident agrees to maintain all smoke detectors in good operating condition at all times. This is an important matter. Your life may depend on your smoke detector.

Candles or open flame of any kind, except for gas ranges as provided with the house or properly maintained fireplaces, are strictly prohibited.

Residents agree not to go on any roof at any time for any reason.

Residents agree not to attach any lock, hasp, or other device that can lock a room from the outside.

Residents agree to store bicycles inside the house only through a side door into the basement.

Residents agree not to use double-sided adhesives, or any kind of tape to hand items on walls. Thumb tacks or push pins may be used sparingly to hang posters and the like.

Free washers and dryers, where provided, are for the use of the resident only. Manager may elect to remove washers and dryers from premises where they are ever used by anyone other than the resident.

Residents agree to exercise care in the use of the sewer, including disposing of diapers, tampons, and the like through the trash rather than through the plumbing. If the sewer becomes blocked by anything other than roots or a defect in the sewer line itself, resident agrees to pay the cost of sewer cleaning.

Manager is not responsible for any of residents’ belongings that are put in the basement. If you store things in the basement, you should never place them on the floor.

Manager is not responsible for chimney sweeping. If the tenants wish to use the fireplace, they must provide the manager with a copy of a receipt showing that the chimney has been inspected and either swept or deemed clean by a chimney sweep within the previous year. Should there be a fire or other problem arising from the use of the fireplace and should a receipt from a chimney sweep not be on file with the manager, tenant assumes full and sole liability for any damage that may ensue.

Belongings of people other than those who appear on this lease may not be stored in the house.

Contact:
	David Sutherland
	315-446-1144
	david@university-homes.com