| 476 Williamsburg Rd. |
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| .. | LEASE |
| 564 Williamsburg Rd. |
| 830 Williamsburg Rd. |
| CALVIN M. CLARK, JR and JOAN E. CLARK, (hereinafter referred to as Lessor), of 745 Williamsburg Road, Ashfield, MA 01331 telephone # 413/628-4650, (alternate number: 413/625-9092) and owner(s) of premises known as _____ Williamsburg Road, Ashfield, Massachusetts, hereby rent to the undersigned (hereinafter referred to as Lessee) said premises upon the following terms and agreements:
1. TERM AND RENT: Commences on delivery of the premises on or after_________ (date) and ends___________ (date) for a term of _______________. The total rent due is $____________, payable in monthly installments of $_____________, which are due on the first day of each and every month of said term. The Lessee and the Guarantor(s) are jointly and severally liable for the complete monthly rent as due. 2. LAST MONTHS' RENT: The forms relating to Last Months' Rent, if any, are attached hereto and incorporated herein by this reference. There is no security deposit. 3. INSPECTION, DAMAGE, and REPAIRS: A separate written statement of the condition of the premises has been issued to the Lessee and is incorporated herein by this reference. The Lessee agrees to be responsible for any damage caused to the premises by the Lessee or any person under the control of the Lessee or any person on the premises with the consent of the Lessee, reasonable wear and tear excluded. The Lessee agrees to be responsible for maintenance of heat to prevent frozen pipes and any damage caused thereby. The Lessor shall have the right to enter and inspect the premises and to make repairs or necessary improvements and to show the premises to prospective tenants or purchasers. The Lessor or its representative shall arrange for access with the Lessee in advance so as not to unreasonably disturb the Lessee. In emergencies and to effect urgent repairs, advance notice shall not be required. 4. LESSEE OBLIGATIONS: The Lessee jointly and severally agrees: A. To pay the rent on time, on or before the 1st day of the month, and to use the premises as a residence and not as business in compliance with all applicable laws and codes. B. To maintain the premises in a clean, neat and undamaged condition at all times, and to pay for damage caused to the premises within five days of receipt of the itemized statement of such damage and the cost to repair it. C. To be liable for any loss or damage to personal property of the Lessee except if caused by Lessors' gross negligence. Lessee shall carry adequate insurance to cover all losses or damage to Lessees' personal property. D. To keep the yard in a neat and safe condition, including trash, snow, grass, and leaf removal, and to furnish and pay for the heat, hot water, electricity, oil, gas, air conditioner, rubbish and garbage removal, and to pay all costs associated therewith; to place garbage and refuse in containers and to prevent any unsanitary conditions from arising on the premises; and to abide by all local and state health, sanitary and refuse disposal regulations. Lessee is to be responsible for all fines or damages to Lessor as a direct result of Lessee=s failure to abide by said regulation. E. To give prompt notice to the Lessor of any maintenance or repairs in writing or by telephone at the telephone number appearing at the top of this lease, and to notify the Lessor of an absence of more than one week during the heating season. F. To make no alteration, painting application, addition, repair or improvement in or to the premises without the prior written permission of the Lessor and also to refrain from excessive use of nails or tape to suspend or hang any decorative or practical items. G. To use all appliances and fixtures provided by the Lessor in the proper manner and not to add or relocate any appliances or equipment without the prior written permission of the Lessor and to prohibit waterbeds or similar furnishings from the premises and to be obligated to notify the Lessor of any problem with the smoke detector , its maintenance, its condition, and its operation during the period of this lease. H. To prohibit dogs from the premises whether owned by the Lessee or guests or visitors – ANY other pet or barnyard animal on the premises may constitute grounds for eviction of the Lessee without additional notice unless Lessor has previously consented thereto. I. To expressly respect the rights and needs of other tenants and neighbors to the quiet and peaceful enjoyment of their property, and not to create or allow to be created by the Lessee, members of the Lessees' household, relatives, guests, invitees or agents, any unlawful, noisy or offensive use of the leased premises, nor to commit any disturbance or nuisance, or to obstruct the free use or access of common areas. The receipt by the Lessor of a complaint regarding noisy or offensive conduct or other violation of this provision or a visit by the police for such conduct during the term hereof shall constitute sufficient grounds for eviction at the option of the Lessor. Further, use of minibikes, snowmobiles, 3 or 4 wheeled all terrain vehicles, motorcycles, go-carts, or other motorized off road vehicles, other than a lawn and yard maintenance machines, are prohibited on the premises. No trampolines are permitted. J. Notice of Parties: The Lessee must give the Lessor three days prior written notice of the date, time, place, number of individuals and the termination time of all parties or gatherings of over 15 people. Receipt of notice by the Lessor in no way implies Lessors consent or liability for the conduct, actions, transportation to or from the party, or damages by the Lessees' invitees, their guests, whether invited or not to such gatherings. Lessee assumes full and complete responsibility and liability for all damages to the unit, to the Lessee, their invitees, or to guests, whether specifically invited or not. K. To prohibit the sale and use of alcoholic beverages to visitors and guests not of legal age or intoxicated, and to prohibit the use and sale of any , narcotics and other controlled substances on the premises. Tenant shall not allow anyone to use smoking materials within the dwelling and outbuildings. 5. LESSOR OBLIGATIONS: The Lessor agrees: A. To maintain in good and safe working order the electrical, plumbing, sanitary, heating, and other facilities and appliances suppled by the Lessor. If an emergency exists and Lessor is not available to respond, Lessee may call the following vendors: Plumber: John Thomas Telephone Number:__________________ Heat: George Propane Telephone Number___________________ Electrical: Martin Electric Telephone Number___________________ B. To provide relocation expenses up to $500.00 to any lawful occupant in the event of casualty making the premises uninhabitable. C. To maintain and make all repairs within the premises D. To collect rents and enforce the provisions of all leases uniformly and vigorously in order to conserve costs. E. To comply with all applicable local and state laws codes and rules. 6. ASSIGNMENT and SUBLETTING: With prior written assent of the Lessor, the Lessee may assign or sublet the premises during this lease. All assignees or sublessees must provide all forms, information and meet all standards and requirements of an acceptable Lessee applicant prior to acceptance or occupancy. The Lessor shall not be required to release any Lessee during the lease term and may recover actual costs of up to one half of one months rent for such assignment or subletting from the Lessee. No person other than Lessee are permitted to reside on the premises, nor shall Lessee receive mail for or post the names of non-occupants on the mailbox. 7. AUTOMOBILES: The Lessee may park _________ lawfully registered and inspected automobiles in the parking areas, if applicable to said property. Vehicles violating posted parking rules or impeding snow removal or access may be towed at the owners expense without additional notice. No vehicles may be repaired or stored on the premises without written consent of Lessor. 8. RESCISSION: If the Lessor shall be unable to give Lessee occupancy of the premises at the commencement of the tenancy for any reason or if damage by fire or other casualty renders the premises uninhabitable, then this lease shall terminate at the election of either party. 9. NOTICE: Notice to the Lessor shall be deemed given if mailed or delivered to the above address. Notice to the Lessee shall be deemed given if mailed or delivered to the Lessee or anyone authorized to be at the address of the premises. All notices must be in writing. Oral notices are not effective as notice. 10. EVICTION AND COLLECTION: All eviction and collection proceedings shall be in accordance with Massachusetts law. If this lease is terminated for breach of terms or in the event of litigation, the prevailing party may recover its costs and attorney=s fees actually incurred. The Lessor is deemed to be a prevailing party if the Lessor initiates valid legal action for a breach of any lease term, and the Lessee cures such breach prior to a hearing and then fails to appear for said hearing or signs an agreement that will be entered as Judgement of the Court. The Lessee shall pay all costs associated with the collection of rents over 30 days past due. 11. Lessee understands and agrees that it shall be his/her own obligation to insure his/her personal property and liability. Lessor recommends that Lessee consider procuring property and liability insurance from a company of Lessee's choosing. Any insurance Lessor may carry, will not protect the personal property or liabiltiy of Lessee. THIS LEASE INCLUDES: (1) LAST MONTHS' RENT RECEIPT, (2) A STATEMENT OF CONDITION, (3) A GUARANTOR AGREEMENT WHEN REQUIRED, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE AND FORM AN INTEGRAL PART HEREOF. TOGETHER THEY CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS. In Witness Whereof the parties hereto interchangeable set their hands and seals this _______day of ________year . LESSEES LESSORS __________________________ __________________________ __________________________ ___________________________ The undersigned acknowledges receipt of (1) an executed copy of this lease (2) last months' rent receipt and (3) a statement of condition. Dated:___________________ ___________________________ ___________________________ The undersigned agree to be responsible for performance of the terms of this lease in the event of default by the Lessee herein as an inducement to the Lessor to let said premises to the Lessee wherefore, witness our hands and seals. Dated: _________________ __________________________ __________________________ STATEMENT OF CONDITION Date:___________________ Unit ________________________ Address: _____________________ _____________________________ This is a statement of the condition of the premises you have leased or rented. You should read it carefully in order to see if it is correct. If it is correct you must sign it. This will show that you agree that the list is correct and complete. If it is not correct, you must attach a separate signed list of any damage which you believe exists in the premises. This statement must be returned to the Lessor or his agent within fifteen days after you receive this list or within fifteen days after you move in, whichever is later. If you do not return this list within the specified time period, a court may later view your failure to return the list as your agreement that the list is complete and correct. ******************************************************************************** The Lessor herewith reports that as of the above date the premises are in clean, good order and condition free from significant damage or defect and not in violation of any state sanitary or building code as adjudicated or certified by any authority or court with the exceptions listed below or attached hereto on a separate sheet and incorporated by this reference. ROOM EXCEPTION (or other location on the premises) Accepted as a correct statement of condition by the Lessee(s) Dated: ______________________ ______________________ Rejected and a separate statement delivered to Lessor ________________ Date RECEIPT LAST MONTHS RENT _____________________________ Date:__________________ Lessee _____________________________ Address _____________________________ City Zip LAST MONTHS RENT The undersigned accepts as LAST MONTHS RENT the sum of $-- (which must be equal to the current months rent) which will be handled and applied pursuant to Chapter 186 '15B of the Massachusetts General Laws and collects 5% interest per year or the interest obtainable in a passbook savings account at local banking institution, whichever is less. Lessee must submit a forwarding address for the purpose of forwarding interest payments. Authorized Signature: _______________________ Lessor/Agent _______________________ Agent _______________________ Address & Phone _______________________ |