In consideration of their mutual agreement to the following terms, conditions, and covenants, the Owner leases to Tenant and Tenant leases from Owner the above described Premises.
This lease commences on (“Commencement Date”) and expires on (“Expiration Date”). Any extension of the “Expiration Date” must be mutually agreed upon in writing prior to the “Expiration Date”. Tenant agrees to give Owner written notice of intent to terminate the lease, or request to extend the lease, at least thirty (30) days, but no more than forty-five (45) days prior to the “Expiration Date”.
Rental Rate shall be (amount specified by Owner) per month and is payable in advance on the first day of each and every calendar month and shall be paid to O’Fallon LP, 1611 S. Utica Ave #288 Tulsa, OK 74104. Pro-rated rent in the amount of (amount specified by Owner) for the month of (month specified by Owner) is payable on or before (date specified by Owner).
(2A) Late Payment of Rent Fee. Any rent payment that is not received by Owner by 12:01 a.m. on the 5th day of the month it is due will be assessed a late fee that's equal to 10% of the monthly rental rate. (2B) Total amount of rent and late fee is to be paid by money order, cashier’s check, or other certified funds. (2C) Deductions from Rent. Deductions made from rents without written permission from Owner will be considered as unpaid rent and subject Tenant to a late fee. (2D) Dishonored Checks. In the event that Tenant’s check is returned by the bank for any reason (insufficient funds, stopped payment, etc.), Tenant agrees: (D1) To replace the returned check with a cashier’s check or money order within twenty-four (24) hour’s. Dishonored checks will not be re-deposited. (D2) To include payment of $50.00 dishonored check charge with the replacement cashier’s check or money along with applicable late charges. (D3) If Tenant has a second dishonored check, Tenant shall pay all further rents with cashier’s check or money order. (2E) Five Day Notice to Evict. In the case of non-payment of rent or tendering a dishonored check, a five (5) day notice to “move or suffer eviction” shall be given as allowed by law.
Tenant acknowledges that the statements and material representations made on Tenant’s signed application, which is hereby incorporated by reference, have been relied upon by Owner, the falsity of which, in whole or in part, shall constitute a breach of this lease entitling Owner at Owner’s option, to terminate the lease and repossess the premises. This lease is further conditioned upon Owner securing possession of the premises from the existing Tenant, if any, by the commencement date hereof. In the event Owner is unable to deliver possession of the premises to Tenant for any reason, including, but not limited to, failure of previous Tenant to vacate Premises or partial or complete destruction of the Premises, Tenant shall have the right to terminate this Agreement. In such event, Owner’s liability shall be limited to the return of all sums previously paid by Tenant to Owner except application processing fee, if any.
Tenant shall use the Leasee's premises only for residential purposes and for no other purpose. Operating a business, including daycare, from this property is prohibited. Tenant shall not use, nor permit the use of anything in the Leased Premises (i) which would violate any of the agreements of this Lease, (ii) for any unlawful purpose or in any unlawful manner, or (iii) that would substantially increase cost of the Owner’s insurance. Tenant shall comply with City Code and Ordinances, City, State and Federal Regulations and Laws. Tenant shall pay any cost incurred by Owner due to Tenant’s violation of such Code, Regulations, Ordinances, and Laws and Tenant’s violation shall constitute a breach of this Agreement.
Tenant shall deposit with the Owner a Security Deposit upon execution of this Agreement. This Security Deposit shall secure the performance of Tenant’s obligations hereunder including leaving the Premises in the same condition as they were received, normal wear and tear expected. Tenant shall provide Owner a written list of defects and/or items in need of repair within two (2) weeks after occupancy. Owner may, but shall not be obligated to apply the security deposit or any portion thereof to Tenant’s obligations hereunder. Any balance remaining upon termination shall be returned to Tenant within thirty (30) days of both the Tenant giving written request for the return of the deposit and the Tenant giving possession of the Premises to the Owner. Tenant shall NOT have the right to apply the Security Deposit for payment of rent. If any money is withheld from the deposit, the Owner shall provide Tenant with an itemized list of expenses withheld. Owner shall deposit the Security Deposit in an FDIC insured escrow account. Such account may bear interest, which shall be payable to Owner in consideration of the cost and burden of maintaining the escrow account.
Tenant shall not keep pets of any kind (except trained dogs needed by blind, deaf, or physically disabled persons) on the Premises without prior permission from the Owner. If permission is granted, as indicated in the application, Tenant agrees to pay the cost of having the Premises treated, if needed, by a professional exterminator and carpets professionally cleaned at the termination of occupancy, and Tenant agrees to maintain such pet on the Premises only so long as permitted by Owner. If, after move-in, a pet is acquired without written permission of Owner, an eviction notice will be issued.
Utilities must be in Tenant’s name on the Lease “Commencement Date”. Utilities shall be turned off until the Tenant has notified Owner of move out date, vacated the property, turned in the keys and has fulfilled all obligations of this Lease Agreement.
Premises shall be occupied only by the persons listed below. Occupancy by anyone other than those listed for more than fourteen (14) consecutive nights shall constitute a breach of this Agreement unless prior consent is given in writing by Owner. Any individual occupying a residence longer than 14 days shall no longer be considered a visitor to the property. All persons seeking approval for tenancy must complete the O’Fallon LP application and pay the applicable fee allowing O’Fallon LP to conduct background, financial and prior rental history checks in consideration of their application. If approved for tenancy, applicant will need to pay additional rental amounts and sign all required lease documents. If applicant is denied tenancy they must vacate the property immediately. Any tenant who circumvents this policy without going through the proper notification and approval process will risk immediate termination of their lease with O’Fallon LP for breach of their contractual agreement.
Owner agrees to maintain the dwelling, all appliances furnished, mechanical equipment, plumbing and electrical facilities in or on the Premises at the commencement of this lease.
Except in the event of an emergency, no repairs, decorating or alterations shall be done by Tenant without Owner’s prior written consent. Satellite dish systems such as Dish Network and Direct TV are strictly prohibited. Tenant shall notify Owner in writing of any repairs or alterations contemplated. Tenant shall hold Owner harmless as to any mechanic’s lien recordation or proceeding caused by Tenant and Tenant agrees to indemnify Owner in the event of any such claim or proceeding. Tenant agrees that all improvements installed in and on the Premises, including landscaping (bushes, shrubs, ground cover, trees and flowers) shall, at the option of Owner, remain with the Premises upon termination of the Lease at no cost to Owner.
Money paid by Tenant shall be applied in the following order: (11a) maintenance charges due in accordance with Paragraph 12 “Tenant’s Responsibilities for the Care of the Premises” and Paragraph 13 “Tenant’s Responsibilities for Maintenance”. (11b) late charges, dishonored check charges, or trip charges. (11c) past due utilities. (11d) unpaid security deposits. (11e) attorney fees, processor fees, court costs (11f) past due rent, oldest month to newest. (11g) current rent.
Tenant shall be responsible for the following items and for other Tenant damage not listed in the following: (12a) Keep the Premises clean and sanitary inside and out, and in good order and condition. (12b) Watering, mowing, edging, trimming shrubs and weeding flower beds as required for proper care and maintenance (exceptions may apply). (12c) Neither mar nor deface the walls, woodwork or any part of the Premises. (12d) Immediately report to Owner those items needing repair. (12e) Pay Owner upon demand for damage to Premises as a result of failure to report a problem in a timely manner. (12f) Pay Owner upon demand for cost to repair, replace or rebuild any portion of the Premises damaged whether through act or negligence by Tenant, Tenant’s guests or invitees. (12g) Pay Owner upon damage caused by rain or wind as a result of leaving windows or doors open, or lawn hoses left connected outside resulting in freezing damage. (12h) A telephone is required and Tenant shall have telephone service within fourteen (14) days of occupancy and furnish Owner with the telephone number and notify Owner of any telephone number changes. Should it be necessary for Owner to drive to Premises for any reason due to Tenant not having a telephone, Tenant agrees to pay a twenty-five dollars ($25.00) trip charge. Tenant shall also be responsible for cost of repairing telephone lines damaged by Tenant. (12i) If Tenant changes locks, Tenant shall furnish keys to Owner within five (5) days or pay the cost of a locksmith to make a set of keys. All keys and garage door openers must be returned the day of vacating the Premises. If Tenant fails to return said keys and garage door openers (in working order), Tenant agrees to pay the cost to re-key the Premises and replace garage door openers.
Tenant shall be responsible for the following: (13a) Vacuuming carpet on a regular basis. (13b) Changing or cleaning the furnace/air-conditioner filter at least once every two (2) months. (13c) Replacing burned out light bulbs, regular or fluorescent. (13d) Any breakage, damage, destruction and/or soiling caused by acts of the Tenant or by Tenant’s employees, agents, visitors or pets. In the event of vandalism, break-ins, or broken glass, Tenant agrees to pay all repair cost, regardless of the circumstances of breakage, unless Tenant, at Tenant’s expense, supplies Owner with a copy of a police report. (13e) Tenant agrees that smoking on the Premises is not permitted and should cigarette smoke damage occur due to Tenant or Tenant’s visitors smoking within the dwelling, Tenant agrees to pay the cost of having Premises painted, walls washed, interior deodorized and carpets and draperies professionally cleaned, and any other cost to repair smoke damage. (13f) Exterminating ants, rodents, fleas, cockroaches, spiders and other insects and pests. (13g) Use plunger on clogged toilets and drains before calling Owner. (13h) Pay Owner upon demand for unnecessary workman service calls. (13i) Under no circumstances is Tenant to perform any electrical, gas line or water line repairs.(13j) Tenant agrees to pay a $25.00 trip charge in the event a breach of this Lease Agreement by Tenant (i.e., failure to pay rent, dishonored check, unauthorized pet, failure to maintain landscaping, etc.) requires a trip to the Premises by Owner.
No portion of the Premises shall be sublet nor this Agreement assigned. Any attempted subletting or assignment by Tenant, at the option of the Owner, shall be a breach of this Agreement.
No more than one (1) motor vehicles may be kept on or near the Premises. No motor coach, trailer, camper boat or other recreational vehicles shall be parked on or near the Premises. No commercial vehicles in excess of 3/4 ton may be parked on or near the Premises. Tenant shall not perform vehicular repairs on, in or in front of Premises.
All personal property located on or stored in the Premises shall be kept and stored at Tenant’s sole risk and Tenant shall indemnify and hold harmless Owner from and against any loss or damage to such property arising from any cause whatsoever. Further, Tenant is responsible for obtaining Tenant’s own insurance to cover Tenant’s personal property and liability to Owner shall only carry insurance on the dwelling.
The following items are included in the dwelling unit (CHECK ALL THAT APPLY). Removal of these items will be considered theft and tenant will be prosecuted to the fullest extent of the law.
Owner, in accordance with state law, shall have the right to enter the Premises: (18a) in case of emergency; (18b) to make necessary or agreed repairs, or supply necessary or agreed service; (18c) exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workmen and contractors; (18d) when Tenant has abandoned or surrendered the Premises. Except under (18a) and (18d), entry shall be made only during normal business hours, and not less than one (1) day prior notice shall be given to Tenant. Notwithstanding the provisions of Paragraph 21 below, for the purpose of entry and inspection, notice may be posted on the Premises.
In the event legal action or proceeding is brought by either party to enforce any part of this Lease Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorney’s fees and costs.
It is recommended that Tenant read the Condominium Rules and Regulations. Tenant agrees to pay, upon demand, any fines levied upon Owner for Tenant’s violation of the condominium rules and regulations. Tenant is responsible for maintaining working light bulbs in front/rear porch and carport light fixtures.
Notice to Owner may be served to Owner at the following address: 1611 S. Utica Ave, #288, Tulsa, Ok 74104-4909. Any notice provided for or permitted by this Lease to be given by one party to the other, may be given sufficiently for all purposes in writing, mailed as certified United States mail, postage prepaid, addressed to Owner (or Tenant) to be notified at Owner’s (or Tenant’s) address as set forth herein in writing, or delivered personally to Owner (or Tenant), and shall be deemed conclusively to have been given on the date of such mailing or personal delivery. All 30 day notices are valid from the periodic rental due date. As all rents are due on the first day of the month, all notices are valid from the first day of the month.
Tenant agrees that upon vacating the Premises to surrender the Premises and all fixtures and equipment of Owner therein in good, clean and operating condition, ordinary wear and tear expected. Tenant shall at the time of vacating the Premises, thoroughly clean the Premises, including, but not limited to, all appliances, removal of all trash from the Premises and shall pay for the cost of Owner having the carpet professionally cleaned. Further, upon vacating the Property, Tenant shall secure the property and immediately deliver all keys and garage door openers, if any, to Owner as set out in paragraph 12(i) of this Lease. If such cleaning and removal of trash is not accomplished by Tenant, action deemed necessary by Owner to accomplish same may be taken by Owner at Tenant’s expense. If Tenant fails to secure the property and return all keys and garage door openers (if any), Tenant agrees to pay any cost incurred by the Owner to secure the Property including any repairs for damage to the Property as the result of the Tenant’s failure to secure the Property, and/or replace keys, locks and garage door openers.
In the event of default by any on signatory, each and every remaining signatory shall be liable for timely payment of rent and shall be bound by all the terms, conditions and covenants of this Lease Agreement whether or not in actual possession of the Premises. Should Tenant neglect or fail to perform and observe any of the terms of this Lease, Owner shall give Tenant written notice of such breach, delivered to Tenant personally or mailed by certified mail, requiring the Tenant to immediately remedy the breach or vacate the Premises on or before a date at least fifteen (15) days after date of the notice (except in the event such breach is for failure to pay rent in which case the five (5) day statutory notice shall apply). If Tenant fails to comply with such notice the Owner may declare this Lease terminated and institute action to evict Tenant from the Premises without limiting the liability of Tenant for rent due or to become due under this Lease. In the event of a breach of this Agreement or eviction of Tenant for breach of this Agreement, Tenant agrees to pay Owner for all losses incurred as the result of such breach and/or eviction, including, but not limited to attorney fees, late fees, rent, advertising costs, cleaning, painting, repairs, landscaping, etc., and re-letting expense of 100% of one month’s rent.
The waiver by Owner of any breach shall be construed to be a continuing waiver of any subsequent breach. The receipt by the Owner of the rent with the knowledge of any violation of a covenant or condition hereto shall not be deemed a waiver of such breach. No waiver by Owner of the provisions herein shall be deemed to have been made unless expressed in writing and signed by Owner.
In the event that you expire during the time of your tenancy with O’Fallon LP, please specify who the executor of your estate shall be - along with their address and contact phone number - in the fields below. This person will be allowed to remove your contents from the dwelling and dispose of them as they desire as well as be the recipient of your security deposit refund should one be applicable after your contents are removed and the unit is returned to O’Fallon LP in satisfactory condition. If the unit is damaged in any way your estate shall be held financially responsible for any and all repairs.
(25a) Lead-Based Paint (Applicable to Property built before 1978 ONLY). Tenant acknowledges that prior to signing this Lease, Tenant received the Owner’s completed and signed “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” and Tenant has received and read a copy of the EPA Protect Your Family From Lead in Your Home pamphlet, which explains the hazards of lead-based paint. (25b) Flood Zone. The Owner hereby discloses the following flood hazard information: The above described Premises is NOT located within a flood hazard area as indicated on Flood Insurance Rate Maps. In the event the property is located in a flood hazard area, Tenant acknowledges that Tenant has received, read and signed the “Notice to Tenant of Location in Flood Hazard Area.” (25c) Fair Housing. Owner and Tenant acknowledge and agree that Owner shall lease the Premises to the Tenant without regard to sex, race, religion, color, handicap, familial status, or national origin.
This Lease Agreement constitutes the entire Agreement between the parties, and no promises or representations, other than those contained herein, have been made by Owner. Any modifications to this Agreement must be in writing and signed by Owner and Tenant.
Other conditions may apply.
Tenant agrees to test the smoke detector at least once a week. If the detector is battery powered, Tenant agrees to replace the battery as needed. After replacing battery, if the smoke detector still does not work, Tenant agrees to inform Owner immediately in writing. If the detector is not battery powered, Tenant agrees to inform Owner immediately of any malfunction. Tenant has been instructed on the care and operation of the smoke detector and knows how to operate and care for the smoke detector.
Tenant is authorized to install a carbon monoxide detector. If detector is battery operated, Tenant agrees to test such detector once a week and replace batteries as needed.
Tenant has received the following attachments and addendums, if any, which by reference are hereby incorporated in and made a part of this Lease: (1) APARTMENT POLICIES & GUIDELINES (2) PET AGREEMENT DOG/CAT (3) DRUG FREE HOUSING AGREEMENT (4) EMSA (5) SMOKEDETECTOR (6) BATHTUB RE-GLAZING (7) ORLEANS KEY AGREEMENT (8) LEAD BASED PAINT DOCUMENT (9) SECURITY GATE KEY AGREEMENT
OWNER SIGNATURE: ___________Kimberly Norman___________
DATE: Equivalent to date of submission by Tenant
Electronic Signature Agreement. By typing your name in the field above, you are signing this lease electronically. You agree that your electronic signature is the legal equivalent of your manual signature on this application. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature. You further agree that the use of your E-Signature constitutes your agreement that the above information is accurate and has been completed to the best of your knowledge.