Charming Ranch in Countryside Subdivision with spacious Kitchen /Breakfast Rm, Vaulted ceilings in Great Room. This 3 bedroom, 2 bath home features a large Master Suite, with Master Bath and Walk-in closet. For cycling/walking, home is located less than 1/4 mile from Midland Trace Trail which connects you to the Monon Trail. Outstanding location provides easy access to shopping, restaurants and Highway 31. And don't forget that Westfield's GRAND PARK is less than 2 miles away! Access to neighborhood pool, basketball, volleyball, and tennis courts! LEASE AGREEMENT ______________________("Tenant") and ___________________________(Landlord") hereby enter into this Lease Agreement ("Lease") as follows: WHEREAS, Landlord is the owner of certain real estate and the improvements thereon commonly known as 84 English Green, Westfield, Indiana (the "Premises"); WHEREAS, Tenant desires to rent the Premises and Landlord desires to permit such rental; NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein and other valuable consideration, Landlord and Tenant hereby agree as follows: 1. Premises. Landlord hereby rents to Tenant and Tenant hereby rents from Landlord the Premises for the term and subject to the covenants and conditions hereinafter set forth. Tenant has inspected the Premises and accepts them in their "as is" condition. Tenant acknowledges that the Premises has a functional smoke detector as required by Indiana Code 22-11-18-3.5. 2. Term. The term ("Term") of this Lease shall commence as of _____________________, 2021, (the "Commencement Date") and terminate on or by __________________________ 2022, (the "Termination Date"), unless earlier terminated as set forth herein. 3. Security Deposit. Tenant agrees to deposit with Landlord the amount of __________________ Dollars ($_____________) ("Security Deposit") to be held by Landlord without interest as security for the full and faithful performance by Tenant of all of the terms, conditions and covenants contained herein. Landlord may apply all or any part of such Security Deposit to curing all or any part of any default; and Tenant agrees, upon demand, to promptly deposit such additional sums with Landlord as may be required to maintain the full amount of the deposit. Notwithstanding anything to the contrary contained in any law or statute now existing or hereafter passed: (i) Tenant shall not be entitled to any interest whatsoever on the deposit; (ii) Landlord shall not be obligated to hold the deposit in trust or in a separate account; and (iii) Landlord shall have the right to commingle the deposit with its other funds. If Tenant shall fully and faithfully comply will all of the covenants, agreements, and conditions of this Lease, the Security Deposit shall be returned to Tenant within forty-five (45) days after termination of the Lease and delivery of possession of the Premises by Tenant. If Landlord returns less than the full Security Deposit, not more than forty-five (45) days after the termination of the Lease and delivery of possession of the Premises by the Tenant, Landlord shall provide Tenant written notice containing an itemized list of the deductions from the Security Deposit that are being withheld as required by Indiana Code 32-31-3-12 through Indiana Code 32-31-3-14; provided, however, that Landlord shall not be liable under Indiana Code 32-31-1-12 until Tenant provides Landlord in writing a mailing address to which to deliver such required notice. 4. Rent. No later than __________________, 2021, Tenant shall begin paying Landlord in advance the sum of ______________ Dollars ($______) per month as rent for the Premises ("Monthly Rent"). Monthly Rent shall be due on the first day of each month on the Term, and a late charge of ________ Dollars ($______.00) shall be due from Tenant for any Monthly Rent received after the second day of each month. For any rent or other amounts due hereunder that are not paid when due, such unpaid amounts shall bear interest at eighteen percent (18%) per annum from the date on which the payment was due. For any check returned for insufficient funds or other reasons, Tenant shall pay Landlord a fee of Thirty-five Dollars ($35.00) to compensate for Landlord's costs attributable to such returned check. 5. Use of Premises. Tenant shall use the Premises for a private residence and for no other purpose without prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. Tenant shall not commit or suffer any waste of the Premises, use the Premises or permit them to be used for any unlawful purpose or any dangerous, noxious or offensive activity, or cause or maintain any nuisance in the Premises. The Premises shall not be occupied by any other persons other than Tenant without the prior written consent of Landlord. For purposes hereof, "occupy" shall mean staying overnight at the Premises for more than two (2) consecutive nights or more than ten (10) nights during any calendar month. No pets shall be allowed on or in the Premises at any time, and, if pets are present for any reason, Tenant shall pay the sum of One Hundred Dollars ($100.00) per month as additional rent which shall be payable immediately for each month beginning from the month of the Commencement Date and continuing until this Lease terminates. NO SMOKING shall be allowed in the Premises at any time, and if smoking is detected in the premises, Tenant shall pay Landlord an additional cleaning fee of $1,000.00 to eradicate the smoke smell from the Premises. 6. Tenant's Obligations and Landlord's Remedies. (a) Tenant shall do the following: (1) Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes. (2) Keep the areas of the Premises occupied or used by the Tenant reasonably clean. (3) Use the following in a reasonable manner: (A) Electrical systems. (B) Plumbing. (C) Sanitary systems. (D) Heating, ventilating, and air conditioning systems. (E) Elevators, if provided. (F) Facilities and appliances of the Premises. (4) Refrain from defacing, damaging, destroying, impairing, or removing any part of the Premises. (5) Comply with all reasonable rules and regulations in existence at the Commencement Date and any other reasonable rule and regulations adopted by Landlord after the Commencement Date. (6) Ensure that each smoke detector installed in the Premises remains functional and is not disabled. If the smoke detector is battery operated, Tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the Premises electrical system, and Tenant believes that the smoke detector is not functional, Tenant shall provide notice to Landlord under IC 22-11-18-3.5(e)(2). (b) Landlord may bring an action in a court with jurisdiction to enforce an obligation of Tenant under this Section 6. Except as provided in subsection (c), Landlord may not bring an action under this Section unless the following conditions are met: (1) Landlord gives Tenant notice of Tenant's noncompliance with a provision of this Section 6. (2) Tenant has been given a reasonable amount of time to remedy the noncompliance. (c) If the noncompliance has caused physical damage that Landlord has repaired, Landlord shall give notice specifying the repairs that Landlord has made and documenting Landlord's cost to remedy the condition described in the notice. (d) Landlord is not required to comply with the notice requirements of this section to bring an action under subsection (a) if Tenant's occupancy of the Premises has terminated. (e) If Landlord is the prevailing party in an action under this section, the Landlord may obtain any of the following, if appropriate under the circumstances: (1) Recovery of the following: (A) Actual damages. (B) Attorney's fees and court costs. (2) Injunctive relief. (3) Any other remedy appropriate under the circumstances. 7. Landlord's Obligations and Tenant's Remedies. (a) Landlord shall do the following: (1) Deliver the Premises to Tenant in compliance with this Lease and in a safe, clean, and habitable condition. (2) Comply with all health and housing codes applicable to the Premises. (3) Make all reasonable efforts to keep common areas of the Premises, if any, in a clean and proper condition. (4) Provide and maintain the following items in the Premises in good and safe working condition, if provided on the Premises at the time this Lease is entered into: (A) Electrical systems. (B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times. (C) Sanitary systems. (D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times. (E) Elevators, if provided. (F) Appliances supplied as an inducement to the Lease. (b) Tenant may bring an action in a court with jurisdiction to enforce an obligation of Landlord under this Section. Tenant may not bring an action under this Section unless the following conditions are met: (1) Tenant gives Landlord notice of the Landlord's noncompliance with a provision of this chapter. (2) Landlord has been given a reasonable amount of time to make repairs or provide a remedy of the condition described in Tenant's notice. Tenant may not prevent Landlord from having access to the Premises to make repairs or provide a remedy to the condition described in Tenant's notice. (3) Landlord fails or refuses to repair or remedy the condition described in Tenant's notice. (c) If Tenant is the prevailing party in an action under this Section, Tenant may obtain any of the following, if appropriate under the circumstances: (1) Recovery of the following: (A) Actual damages and consequential damages. (B) Attorney's fees and court costs. (2) Injunctive relief. (3) Any other remedy appropriate under the circumstances. (d) Landlord's liability for damages under subsection (c) begins when: (1) Landlord has notice or actual knowledge of noncompliance; and (2) the first to occur of: (A) Landlord has refused to remedy the noncompliance; or (B) Landlord failed to remedy the noncompliance within a reasonable amount of time following the notice or actual knowledge. 8. Repairs/Casualty. (a) Except for Landlord's obligations under Section 7, and in addition to Tenant's obligations in Section 6, Tenant shall make all repairs and do whatever is reasonably necessary to maintain the Premises in a condition fit for use as a private residence. Landlord shall not be obligated to make any repairs except as provided in Section 7. Tenant shall, at Tenant's expense, hire a heating and cooling company to check and clean (including filter changes) the heating and air conditioning equipment no less than every six (6) months, and Tenant shall forward to Landlord a paid receipt to prove such service. If heating and air conditioning equipment must be replaced during the Term, Landlord shall charge Tenant Two Hundred Fifty Dollars ($250.00) for the replacement unless Tenant has complied with this section regarding the cleaning and inspecting the heating and air conditioning equipment. Tenant must mow, edge and water the lawn, and perform other landscaping duties to comply with all local rules and ordinances and to keep the Premises looking neat and well-maintained. (b) If the Premises should be partially or completely damaged or destroyed by fire or other causes, this Lease shall immediately terminate; provided, however, if Landlord elects to rebuild the Premises, this Lease shall not terminate. Landlord shall have the right to enter the Premises at any time to make emergency repairs or perform emergency maintenance. If Landlord performs any emergency repairs or maintenance, Landlord shall be entitled to collect from Tenant as additional rent the amount of such repair or maintenance, including reasonable profit and overhead. 9. Insurance. Landlord shall insure the Premises against fire and other casualty, the cost of which shall be paid by Landlord. Tenant shall maintain renter's insurance covering personal injury and property damage in the Premises through an insurance carrier qualified to do business in the State of Indiana and satisfactory to Landlord, and Tenant shall provide a certificate of insurance to Landlord indicating such insurance is in place and naming Landlord as an additional insured. Tenant shall be responsible for insuring Tenant's personal property on the premises if Tenant desires such coverage. 10. Taxes. During the Term of hereof, Landlord shall pay all real estate taxes, assessments, and other governmental levies and charges which are assessed, levied, confirmed, imposed, or become due and payable with respect to the Premises and improvements thereon ("Taxes"). 11. Utilities. Tenant shall place all utilities in Tenant's name and pay directly to the appropriate authority when due all charges relating to the utilities used or consumed by Tenant, including without limitation, gas, electricity, water, sewer, cable television, and telephone. Failure of Tenant to make any such payment shall be deemed a breach of this Lease. 12. Surrender and Holdover. Upon the expiration of this Lease, Tenant shall immediately surrender to Landlord the Premises in a clean and proper condition, excepting ordinary wear and tear expected in the normal course of habitation of a dwelling unit. If Tenant shall remain in possession of all or any part of the Premises after the expiration of the term of this Lease, Tenant shall pay to Landlord Fifty Dollars and No Cents ($50.00) per day as agreed holdover rent. Notwithstanding such payment, Landlord shall retain the right to deem Tenant in default and exercise all rights and remedies provided in Section 14 below. 13. Assignment and Sublease. Tenant shall not assign this Lease, sublet the Premises or any part thereof by operation of law or otherwise without the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. Any attempted assignment or sublease without Landlord's written consent shall be void. Landlord has right to assign this lease without consent of Tenant. 14. Default and Remedies. (a) It shall be, at Landlord's option, a default under this Lease if: (i) Tenant fails to pay any Monthly Rent or any amount Tenant is required to pay under this Lease when due; (ii) Tenant abandons the Premises; (iii) Tenant's interest herein is sold under execution or other legal process; (iv) Tenant makes an assignment for the benefit of creditors; (v) any proceeding in bankruptcy, an arrangement or reorganization, or any other proceeding under any insolvency law, is instituted by or against Tenant; (vi) a receiver or trustee is appointed for the property of Tenant; or (vii) Tenant damages the Premises in any way or fails to perform or observe any obligation imposed by law on Tenant, including, but not limited to the violation of any criminal laws in the Premises, or any covenants, terms, or conditions of this Lease. (b) Upon the occurrence of any default listed above, Landlord may exercise any and all of the following remedies: (i) Landlord may cure such default on behalf of Tenant and charge the cost of such cure to Tenant as additional rent hereunder, (ii) using judicial process, repossess the Premises and thereafter remove and store any of Tenant's personal property at Tenant's expense; (iii) Landlord may terminate this Lease as of the date of such default and declare all rent which would have been due under the balance of the Term to be immediately due and payable, whereupon Tenant shall be obligated to pay the same to Landlord together with all loss or damage which Landlord may sustain by reason of such termination, including, but not limited to, attorney's fees, advertising, releasing costs and expenses, it being expressly understood and agreed that the liabilities and remedies specified in this subsection (iii) shall survive the termination of this Lease; or (iv) Landlord shall have the right to all damages and exercise any and all remedies available at law or in equity. All such remedies shall be cumulative and not exclusive. 15. Quiet Enjoyment/Landlord's Right of Entry. If Tenant shall perform the covenants and agreements of this Lease to be performed on Tenant's part, Tenant shall peaceably and quietly occupy the Premises during the term hereof. 16. Landlord's Right of Entry. Landlord may enter the Premises at any time without notice to Tenant and without Tenant's consent in the case of an emergency that threatens the safety of the occupants of the Premises or the Landlord's property. Landlord may enter the Premises without Tenant's consent under court order or if Tenant has surrendered the Premises or "abandons" the Premises as defined in Indiana Code 32-31-5-6(b). Under all other circumstances, Landlord may enter the Premises only at reasonable times and with consent of Tenant; provided, however, Tenant may not unreasonably withhold consent to Landlord's entry into the Premises in order to: (a) inspect the Premises; (b) make necessary or agreed to: (1) repairs, (2) decorations, (3) alterations, or (4) improvements; (c) supply necessary or agreed to services, or (d) exhibit the Premises to actual or prospective: (1) purchasers, (2) mortgagees, (3) tenants, (4) workers, or (5) contractors. 17. Improvements. Tenant shall make no improvements to the Premises costing in excess of Two Hundred Fifty Dollars ($250.00) without Landlord's prior written consent. Upon termination of this Lease all improvements and personal property located on the Premises shall be the property of the Landlord; provided, however, Tenant shall have the right to remove any or all personal property placed on the Premises by Tenant before such termination. Upon removing such personal property, Tenant shall at Tenant's expense restore the Premises to a neat and broom clean condition and in the condition existing immediately prior to the Commencement Date. 18. Mechanic's Lien. 19. Name and Address. Every notice, consent, or other communication authorized or required by this Lease shall not be effective unless the same shall be in writing and sent postage prepaid by United States mail, registered or certified, return receipt requested, or by prepaid courier service directed as follows: If to Landlord: ___________________________ ___________________________ ___________________________ If to Tenant: ___________________________ ___________________________ ___________________________ 20. Binding Effect. This Lease and the obligations and agreements of Landlord and Tenant contained herein shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties. 21. Tenant's Indemnification. Except as expressly set forth herein, Landlord, its agents, and employees shall not be liable for any loss, damage, injury, or other casualty of any kind to any person or property, however caused, arising from or in connection with Tenant's use, possession, operation, or control of the Premises. Tenant shall defend all actions against Landlord with respect to and shall protect, indemnify, and save harmless Landlord from and against any and all liabilities, losses, damages, costs, and expenses (including reasonable attorney's fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which Landlord is or may be subject arising from or in connection with Tenant's use and occupancy of the Premises, including, but not limited to (i) injury to or death of any persons or damage to or loss of property on the Premises or connected with the Tenant's use or occupancy thereof; (ii) any breach of this Lease by Tenant; (iii) any act or omission of Tenant or its agents, contractors, licensees, subleases, or invitees. 22. Brokers. Both Tenant and Landlord represent and warrant to the other that each has not dealt with a broker, finder, or other person with respect to this Agreement or the transactions contemplated hereby. Tenant and Landlord each agree to indemnify and hold harmless one another against any loss, liability, damage, or claim incurred by reason of any brokerage commission or finder's fee alleged to be payable because of any act, omission, or statement of the indemnifying party. 23. Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. 24. Severability of Invalid Provisions. If any provision of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 25. Force Majeure. Landlord shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its reasonable control, including, but not limited to, war, invasion or hostility; work stoppages, boycotts, slow downs or strikes; shortages of materials, equipment, labor or energy; man made or natural casualties; weather conditions; acts or omissions of governmental or political bodies; or civil disturbances or riots. Under no circumstances shall Tenant be relieved of its obligation to pay rent or any other amounts due under this Lease. 26. Governing Law; Waiver of Jury Trial. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. The Landlord and Tenant waive any right to trial by jury of any claim or action arising out of or relating to this Lease or the Premises. IN WITNESS WHEREOF, Landlord and Tenant have executed this agreement on _______________________, 2021. "Tenant" __________________________________ "Landlord" ____________________________ _____ 9
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