Additional Terms 2.1. PROPERTY CONDITION Tenant has examined the Property, either in person or virtually, prior to signing this Lease and, as of the date of this Lease, is satisfied with its condition and appearance (Existing Condition). Landlord will deliver possession of the Property to Tenant on the Start Date in the same or better condition as the Existing Condition, except for ordinary wear and tear. 2.2. POSSESSION In the event Landlord cannot deliver possession of the Property to Tenant by the Start Date, through no fault of Landlord, this Lease will continue in full force but Tenant, as Tenant's sole remedy, will not be obligated to pay the Monthly Rent (prorated based upon a 30-day month) for the period that Tenant is unable to take possession. If Landlord fails to deliver possession of the Property by the 30th day following the Start Date, Tenant may terminate this Lease by written notice delivered to Landlord at any point before actual possession of the Property is delivered to Tenant, in which event all amounts paid to Landlord by Tenant will be returned and both parties will be released from all obligations and liability under this Lease. 2.3. RENT PAYMENT 2.3.1. Payment Timing Tenant will pay the Monthly Rent to Landlord, (or Landlord's Managing Agent, if specified above), in advance, on the Monthly Rent Due Date of each month during the Term according to the payment details specified in the Basic Terms. Variable Charges, if any, will be payable according to the timeframe specified in the Basic Terms. 2.3.2. Late Payment If Tenant fails to pay the Monthly Rent or any other Rent in full by the end of the day 3 day(s) after it is due, a fee (Late Fee) in the amount specified in the Basic Terms to this Lease will be immediately assessed. The Late Fee is due by the end of the day after it is assessed. Acceptance of late payment does not waive Landlord's right to require payment of Monthly Rent in full on the date it is due. 2.4. SECURITY DEPOSIT 2.4.1. Use of Security Deposit Landlord will hold the Security Deposit in a segregated account if required by applicable law. Interest on the Security Deposit will be retained by Landlord unless the total value of the Security Deposit, including the Last Month's Rent if held in advance, exceeds the total of one (1) payment of Monthly Rent. In such case, interest shall be paid to the account of Tenant on an annual basis at a rate of 5% annually. Subject to any requirements of and any limitations under applicable law, Landlord may use the Security Deposit to: (i) remedy Tenant Defaults (as defined in Section 2.10 below) under this Lease, including past due Rent; (ii) pay for costs incurred by Landlord to repair damages to the Property caused by Occupants beyond ordinary wear and tear; and/or (iii) pay cleaning costs incurred by Landlord to return the Property to the same level of cleanliness it was in at the Start Date (collectively, Deposit Claims). The Security Deposit will not relieve Tenant of any obligation to pay any Rent due under this Lease prior to termination. If a Pet Damage Deposit is required, it will be considered a Security Deposit and subject to the terms of this Section. 2.4.2. Return of Security Deposit Lease Agreement Page 8 of 21 The Security Deposit, less any Deposit Claims, will be returned to Tenant within 30 days (or shorter period as required by local ordinance) after Tenant vacates the Property upon expiration or earlier termination of this Lease. The returned portion of the deposit will be sent as a single check payable to Tenant(s) listed in the Basic Terms, or as otherwise agreed to by Landlord and Tenant. Any Deposit Claims will be described in an itemized statement provided with the returned portion of the deposit. Tenant will provide a forwarding address to Landlord where the Security Deposit, less Deposit Claims, and the itemized statement will be mailed. In the event Tenant fails to provide a forwarding address, the Security Deposit and statement will be sent to Tenant's last known address, which may be the Property, and Landlord will not be liable for Tenant's delayed receipt of, or failure to receive, the Security Deposit and itemized statement. 2.5. TENANT'S OBLIGATIONS 2.5.1. Residential Use Only Tenant will use and occupy the Property for residential purposes only. Tenant will not use or permit the use of the Property for any non-residential, illegal, or otherwise inappropriate purpose, including for any commercial purpose. 2.5.2. Permitted Occupants Subject to applicable law, the Property will not be occupied by anyone other than the following: (i) Tenants; (ii) Occupants identified in the Basic Terms; and (iii) children under the age of majority of any Tenant (and Tenant will notify Landlord promptly after any such children take occupancy). 2.5.3. No Disturbance or Nuisance Permitted Tenant will not, and will not permit any Occupants or any guests to: (i) make any unreasonably loud or otherwise unreasonable use of the Property; (ii) allow any condition on the Property or, if applicable, common areas of the Building that poses threat of injury to persons or property; or (iii) otherwise interfere with the rights, comfort, safety, or enjoyment of the other tenants or occupants of the Building (if applicable) or neighboring properties. 2.5.4. Utilities Tenant will not cause any utility to be interrupted during the Term, and will provide Landlord with reasonable evidence that any utility specified as Tenant's responsibility has been paid upon Landlord's reasonable request. 2.5.5. Maintenance Tenant will: (i) keep and maintain the Property in a clean, safe, and sanitary condition; (ii) regularly dispose of all garbage and other waste in a clean and safe manner, not overload any trash receptacles, and separate and dispose of recyclable and compostable materials in any provided separate receptacles; (iii) use all appliances, fixtures, and equipment located in the Property in a safe and reasonable manner in keeping with their intended function and, if provided to Tenant, the applicable operating instructions; (iv) not obstruct access to doors and windows; and (v) maintain the Property in the same condition as it was delivered to Tenant, except for ordinary wear and tear. Tenant will pay to repair any damage to the Property caused by Occupants or any guest of Occupants, except for ordinary wear and tear. 2.5.6. No Transfer Tenant will not sublease or assign all or any portion of the Property without the prior written consent of Landlord, in Landlord's sole discretion. Any attempted sublease or assignment of the Property or this Lease without the prior written consent of Landlord will be void and cause for termination of this Lease by Landlord. No sublease of the Property will release Tenant from any obligation under this Lease, and Tenant will be liable for any violations of this Lease caused by a subtenant. Tenant will not rent the Property, or any portion of the Property, including through any rental program such as "Airbnb," "VRBO," or similar program, and Tenant's entry into any short-term rental agreement will be cause for termination of this Lease by Landlord. Lease Agreement Page 9 of 21 2.5.7. No Alterations Tenant will not perform any alterations or improvements to the Property without the prior written consent of Landlord, in Landlord's sole discretion. Alterations and improvements include adding, changing, or removing appliances, fixtures, shelving, wallpaper, or wall paint. In addition, except as required by applicable law, Tenant is not allowed to arrange, and will not permit, the installation of new or additional wiring, cabling, or equipment without Landlord's prior written consent, in Landlord's sole discretion. If Tenant violates this provision, Tenant will return the Property to its original condition at Tenant's sole cost and expense. If Landlord approves of any alterations, Tenant understands that any applicable alterations will remain as part of the Property at the end of the Term. Tenant will not subject the Property to any liens in connection with making any alteration or improvement and will indemnify Landlord from all costs and expenses related to alterations, improvements, or liens. 2.5.8. Joint Liability All individuals executing this Lease as Tenants will be jointly and severally liable for the performance of all agreements, covenants, and obligations of a Tenant contained in this Lease. 2.6. LANDLORD'S OBLIGATIONS 2.6.1. Services and Utilities Landlord will only provide the services and utilities as specified in the Basic Terms and as otherwise required under applicable law. Tenant waives all liability of Landlord for any interruption or insufficiency of any service or utility resulting from causes beyond the reasonable control of Landlord. 2.6.2. Maintenance and Repairs Subject to Tenant's duties under Section 2.5 above, Landlord will maintain the Building (including its structural elements, roof, and systems including smoke and carbon monoxide detectors) in good order and repair and, if applicable, will maintain the Building common areas, in a clean, safe, and sanitary condition. Landlord will be responsible for, and will pay for, repairing (and restoring to working condition) the appliances, fixtures, or equipment located in the Property, except if any repairs are necessary as a result of improper use by Occupants, or the guest of any Occupant. Tenant will notify Landlord promptly in writing upon becoming aware of any condition within the Property or, if applicable, in the Building, that requires repair or maintenance by Landlord. Landlord will undertake any required repairs reasonably promptly, based on the condition, following receipt of notice. Delay by Landlord in performing or completing any repair will not permit Tenant to complete the repair or incur related expenses or to terminate this Lease, except as permitted by applicable law. In the event some or all of Landlord's maintenance obligations are provided by a condominium or other owners association, then Landlord's obligation hereunder will be solely to enforce the obligation of the association or authority to perform such maintenance (in lieu of Landlord being obligated to perform such maintenance directly). 2.7. LANDLORD'S ACCESS Landlord, its agents and contractors, will have the right of reasonable access to the Property during normal business hours to perform its obligations of maintenance and repair of the Property or, if applicable, any other portion of the Building, as long as Tenant is provided (in writing, by telephone, or other means designed in good faith to provide notice) 24 hours' notice (or longer period if required by applicable law) prior to entry, except that in the case of an emergency or, if it is impracticable to do so, Landlord may immediately access the Property and will give Tenant notice of the entry within two days after. Landlord and its agents will have the right to access the Property during normal business hours for the purpose of showing the Property to prospective tenants and purchasers. Landlord will provide 24 hours (or longer period required by applicable law) prior notice given to Tenant (in writing, by telephone, or by other means designed in good faith to provide notice) before any showing. Tenant will not prevent Landlord from accessing the Property in order to conduct showings for which Tenant was provided notice. Lease Agreement Page 10 of 21 2.8. SURRENDER 2.8.1. End of Term Tenant will surrender possession of the Property and return the keys to Landlord immediately upon the Expiration Date or earlier termination of this Lease. At the time of surrender, the Property will be in the same condition as the Start Date, except for ordinary wear and tear, and otherwise in clean condition and free of all personal property of the Occupants. To the extent permitted by applicable law, any personal property left on the Property after Tenant vacates the Property will be deemed abandoned by the Occupants and may be disposed of by Landlord at Tenant's cost (and may be deducted from Tenant's Security Deposit by Landlord). Neither Landlord nor Tenant is obligated (and neither has any right) to unilaterally renew or extend the Term of this Lease. If Tenant and all Occupants do not vacate the Property by the Expiration Date or earlier termination of this Lease, Landlord may commence legal proceedings allowed by applicable law to remove and evict Tenant and any Occupant from the Property and will be entitled to recover from Tenant double the Monthly Rent prorated based on a 30-day month (or the maximum rent allowed for holdover under applicable law, if less) for the period until Landlord regains possession of the Property. Alternatively, if Landlord accepts Tenant's payment of the Monthly Rent otherwise due under this Lease for the month after the end of the Term, then this Lease will be deemed to continue on a month-to-month basis at the applicable Monthly Rent as identified above and otherwise on the same terms and conditions as contained in this Lease. In such event, either Landlord or Tenant may terminate the month-to-month tenancy as of the last day of any calendar month by giving one calendar month's written notice of termination to the other party. 2.9. DEFAULT 2.9.1. Default by Tenant Tenant will be in default (Default) if: (i) Tenant fails to pay any Monthly Rent by 7 days after Monthly Rent is due and does not cure the failure within 7 days of receiving written notice from Landlord; (ii) Tenant fails to pay any Additional Rent by 30 days after the Additional Rent is due and does not cure the failure within 7 days of receiving written notice from Landlord or; (iii) Tenant fails to comply with any other obligation or restriction in this Lease and does not cure the failure within 7 days of receiving written notice from Landlord. If Tenant Defaults under this Lease, Landlord may exercise all rights and remedies available under applicable law, including the right to: (i) terminate this Lease; (ii) regain possession of the Property through an eviction or similar process; (iii) recover from Tenant all unpaid Rent, including unpaid Monthly Rent, Additional Rent, Late Fees and, if applicable, holdover Rent for the period prior to Tenant's delivery of possession of the Property to Landlord; (iv) recover all Rent payable under this Lease for the period from the date of termination for Tenant Default through the stated Expiration Date, less the amount Landlord is able to collect from any replacement tenants for that period; and (v) recover all reasonable costs and expenses incurred by Landlord in repairing any damage to the Property, caused by the improper use by any Occupant or any guests of an Occupant, less any amounts obtained from the Security Deposit. Additionally, to the extent permitted under applicable law, Landlord may recover from Tenant Landlord's court costs and reasonable attorneys' fees and expenses incurred in connection with any legal proceedings against Tenant. Lease Agreement Page 11 of 21 To the extent required by applicable law, Landlord will use reasonable efforts to mitigate any damages resulting from Tenant Default. 2.10. NOTICES Any notice of termination of this Lease, notice of Default by Tenant under this Lease or any other notice required to be given in writing under applicable law (Material Notices) will be in writing and sent to Tenant and Landlord at the applicable address set forth in Section 2.15 below. Except for Material Notices, all other written notices under this Lease may be delivered to the other party at the e-mail address or physical address of the party specified in Section 2.15, or by other electronic means agreed to by the parties. Either party can update its email or physical address by sending written notice to the other party. 2.11. TENANT'S PROPERTY Tenant acknowledges that Landlord's insurance does not cover loss or damage to any of Tenant's personal property located on the Property and that Landlord will not be liable for any damage to Tenant's personal property. If required by the Basic Terms, Tenant will obtain and maintain (during the Term) renter's insurance of at least the level stated in the Basic Terms. Upon Landlord's request, Tenant will provide Landlord a certificate of insurance as evidence of the policy. Even if no policy of renter's insurance is required, Landlord recommends that Tenant obtain renter's insurance. 2.12. GENERAL This Lease will be governed by the laws of the State of Ohio, and any additional laws of the city or county in which the Property is located. This Lease will be binding on and inure to the benefit of all permitted heirs, legal representatives, and assigns of the parties. This Lease, along with the attached Addenda and legal disclosures, contains the entire agreement between Landlord and Tenant and may not be changed except in writing signed by all parties. If any provision of this Lease is found to be invalid or unenforceable, all other provisions contained in this Lease will remain binding and enforceable to the maximum extent permitted by applicable law. 2.13. DISCLOSURES / ADDENDA Tenant acknowledges that the legal disclosures and addenda (Addenda) attached to this Lease are part of the legal agreement between the parties. Tenant will comply with all applicable rules and regulations set out in the attached Addenda. The terms of this Lease will control in the event of any conflict between the terms of any Addenda and the terms of the Lease. 2.14. EXECUTION All individuals indicated in the Basic Terms as comprising Tenant will sign this Lease and related attached Addenda where indicated. Each of Landlord and Tenant consents to the other party's execution of this Lease by electronic signature. Delivery of this Lease containing the electronic signature of a party or otherwise by facsimile through electronic means or as a digital copy will have the same full force and effect as a manually executed original version.
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