MAIN STREET COURT, LLC LEASE AGREEMENT
MAIN STREET COURT, LLC (Owner-Lessor)
LEASE TERMS AND OTHER DATA:
DATE OF THIS AGREEMENT:
1.
NAME OF LESSEE(S):
[MAXIMUM NUMBER OF OCCUPANTS IS 4 PER UNIT]
2.
ADDRESS: 236 E. DELAWARE AVE. NEWARK, DE 19711
APARTMENT UNIT#
3.
DESCRIPTION OF PREMISES: 2 Bedrooms 2 Bathrooms
Together with the following appliances: Refrigerator, Range and Dishwasher
4.
DATE OF OCCUPANCY:
5.
TERM OF LEASE:
6.
RENT: Tenant shall pay the Landlord an annual rent, in the sum of $
monthly installments of $
charge of $
payable in equal
payable in advance on the first day of each calendar month. A 5% late
together with all reasonable costs of collection, including legal fees, shall be payable
with any rent not received on or before the fifth day of each calendar month. A $35.00 charge will be
made and is due and payable for any check returned or dishonored by any bank for any reason. Each
apartment must submit one (1) check each month for rent. Rental payments should be made payable
to Main Street Court, LLC. Rental payments shall be delivered by hand or mailed to Landlord at the
rental office located at Main Street Court, LLC., 236 East Delaware Avenue, Suite 101, Newark, DE
19711. NOTE: A $10.00 processing fee will be added for each additional rent check sent per month (if
multiple rent checks are sent).
7.
Utilities included in rent:
8.
Money received as follows:
Water/Sewer [unless metered],
a. SECURITY DEPOSIT HELD: ($
Refuse Collection, ____Electric ____Gas/heat
)
b. PRO-RATED RENT FOR PERIOD:
c. FIRST MONTHS RENT: ($
) parking included in monthly rent
d. ADDITIONAL PARKING SPACE:
PARKING SPACE (S)
e. TOTAL MONTHLY RENT:
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9. PARTIES. THIS LEASE is made as of the date listed on page one of this lease agreement by and
between the person or persons, named in Item 1 and in item 2, the Owner-Lessor of the demised premises.
For convenience of reference in this Lease, the Owner-Lessor is often called "We" or "Us" and the
Lessee(s) is/are often called "You.".
10. PREMISES. IN CONSIDERATION of the promises and agreements contained in this Lease, We
are hereby pleased to lease to You and You hereby agree to lease from Us the apartment unit listed in Item
2, and described in Item 3.This apartment unit together with together with any such contents provided by
Us is hereafter called the "Premises." This Lease is made on the following terms and conditions and You
and We agree that:
11. RENTAL. You shall pay the amount of monthly rental as shown in Item 6, in advance, on or before
the first day of each calendar month during the rental period, without notice, deduction or demand. In the
event rental for any month is not paid in full on or before the 5th day of such month, or in the event Your
rental payment check is dishonored by the bank upon which it is drawn, You shall promptly pay the sums
listed in Item 6 above in order for Us to defray Our additional administrative and handling expenses. In
addition, You shall pay Us the amount of prorated monthly rental, if any, as shown on Item 8 (b).
12. UTILITIES. Except as shown in Item 7, We shall furnish You no utility service to the Premises. You
shall contract with the appropriate public utility and pay all charges assessed or imposed during the term
hereof for all utilities supplied to the Premises whether occupied or vacant. You will be responsible for
any liability due to disconnection or discontinuance of any such utility service.
13. RULES AND REGULATIONS. You agree that the rules and regulations set forth in Exhibit A
attached to this Lease and any reasonable modifications thereto or reasonable additional rules and
regulations as may be made by Us from time to time and of which You are given notice shall be
considered a material part of this Lease and failure by You, members of Your family, or Your guests to
comply with same shall be a default under this Lease.
14. COMMON AREA FACILITIES. All recreational and common area facilities of Main Street Court,
when open and operating, and subject to the applicable rules and regulations posted by Us, may be used
by You and the other approved occupants, if any. Parking at Main Street Court is normally provided only
for Your passenger cars and no commercial trucks, tractors, boats, trailers or other vehicles will be
permitted to park at Main Street Court without permission in writing from Us. We have the right to
control the method and manner of all parking at Main Street Court. Main Street Court has the right to
boot, store or tow away at Your expense any vehicles parked or abandoned by You, Your family or
guests, which becomes a nuisance to Us or other residents, such as wrecked or disabled vehicles or
vehicles not currently registered or licensed under applicable law. Any coin-operated laundry facilities
provided, when open and operating, will be available for Your use subject to Our rules and regulations.
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15. USES OR PREMISES. You shall use the Premises only as a private residential dwelling and only
those persons who have signed this Lease and those approved as occupants may occupy the Premises or
use any other facilities of Main Street Court. Any person or persons who remain in or around the
Premises on a regular basis shall be considered as occupying the Premises. You shall not permit the
Premises to be used in any unlawful manner or in any manner that may in Our exclusive judgment be
disturbing to another resident.
16. ENTRY FOR INSPECTION. We reserve the right to enter the Premises at reasonable times for the
purpose of (a) inspecting its condition and making such repairs, alterations, or improvements to the
Premises, or any adjoining apartment units, as We consider necessary or desirable; and (b) exhibiting,
during the rental terms, showing the Premises to potential tenants.
17. ASSIGNMENT AND SUBLETTING. You shall not assign this Lease or sublet any or all of the
Premises without Our written consent. You shall submit a sublease fee of $50 together with a written
request for permission to assign the Premises. We have the right to assign this Lease should Main Street
Court be sold or transferred to another owner. In the event Main Street Court, LLC is sold or transferred,
then We shall be released from the obligations of this Lease and Your remedies for any breach of this
Lease shall be against the person, firm or corporation succeeding to Our rights in Main Street Court, LLC.
18. REPAIRS: CARE OF PREMISES: ALTERATIONS. At Your expense, You shall keep and
maintain the Premises in good, clean and safe condition and repair, including the replacement of any
broken glass in the Premises and replacement of electric light bulbs as needed. If You do not maintain the
Premises in such condition, We shall have the right to enter and do so on Your behalf and at Your
expense, and You shall promptly reimburse Us for such expenses. We shall make all necessary major
repairs to the Premises at Our expense within a reasonable time after You have given Us written notice of
the need for such repairs, except any damage caused by the acts or omissions of You, Your family or Your
guests which shall be repaired at Your expense and promptly be reimbursed to Us. In making any such
repairs, We shall have no responsibility for any inconvenience or annoyance to You, and the monthly
rentals payable to Us under this Lease shall not be reduced because of any alleged failure by Us to make
any repairs or for any reason whatsoever. Without Our prior written consent, You shall not change any
locks or paint, mark, drive nails or screws into, or otherwise deface or alter the walls, ceiling, floors,
windows, cabinets, woodwork, cabinets, stone, ironwork, or any other parts of the Premises, inside or
outside. Any alterations or improvements which are made by You, including any fixtures, carpeting,
shrubs, or any other plants, shall become a part of the Premises and Main Street Court unless otherwise
specified by Us in writing. Upon any termination of the tenancy created hereby, whether by Us or by You
and whether for breach or otherwise, You shall (a) pay all utility bills due for services to the Premises for
which You are responsible and have all such utility services discontinued; (b) vacate the Premises.
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removing there from all of your personal property of whatever nature; (c) properly sweep and clean the
Premises, including plumbing fixtures, refrigerators, stove and sinks, removing there from all rubbish,
trash and refuse; (d) make such repairs and perform such other acts as are necessary to return the
Premises, and any appliances or fixtures furnished in connection therewith, in the same condition as when
this Lease was executed, ordinary wear and tear alone excepted; (e) fasten and lock all doors and
windows; (f) return to Us the keys to the Premises; and (g) notify Us of the address to which the balance
of the Security Deposit may be returned in the event You are entitled to a return of all or a portion of the
Security Deposit. If you fail to sweep and clean the Premises, appliances and fixtures as herein provided,
You shall become liable to Us for a reasonable cleaning fee, in addition to any and all other damages
incurred by Us.
19. DAMAGE AND LOSS. You are taking occupancy of the Premises and accepting the Premises "as is"
and "where is." You agree that We shall not be liable to You, Your family, Your guests or any other
persons for any loss, injury or damage to persons or property arising out of the failure of any appliance,
fixture, the roof, any plumbing, heating, air conditioning, electric, gas, water or sewerage systems in or
about the Premises, or caused by any casualty of catastrophe including without limitation storm, flood,
fire, criminal acts, moths, termites, or vermin, or caused by latent defects, or from any other cause
whatsoever, whether or not due to negligent acts or omissions by You, Your family and guests or by any
third parties, including without limit limitation other occupants or Main Street Court and you assume all
risk of and agree to indemnify Us from any such loss, injury or damage. Further, the use of the parking
spaces, storerooms, laundry facilities, recreational facilities, and common air conditioning, electric, gas,
water or sewerage systems in or about the Premises, or caused by any casualty of catastrophe including
without limitation storm, flood, fire, criminal acts, moths, termites, or vermin, or caused by latent defects,
or from any other cause whatsoever, whether or not due to negligent acts or omissions by You, Your
family and guests or by any third parties, including without limit limitation other occupants or Main Street
Court, LLC and you assume all risk of and agree to indemnify Us from any such loss, injury or damage.
Further, the use of the parking spaces, storerooms, laundry facilities, recreational facilities, and common
areas in Main Street Court shall be at Your own risk and We shall not be liable to You, Your family, Your
guests or any other person for any loss, injury or damage to person or property arising out of the use of the
foregoing, from any cause whatsoever and You assume all risk of and agree to indemnify Us from any
such loss, injury or damage. WE STRONGLY URGE YOU TO OBTAIN RENTER'S INSURANCE!
MAIN STREET COURT, LLC SUPPLIES AND REQUIRES YOU TO MAINTAIN AN
APARTMENT-SIZE FIRE EXTINGUISHER TO BE KEPT IN YOUR KITCHEN.
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20. NOTICE OF TERMINATION: RENEWALS: TRANSFER. After the initial term of this Lease,
the rental period shall automatically be renewed for successive one month periods at the same monthly
rental, and on the other terms set forth in this Lease, unless on or before sixty (60) days prior to the last
day of the original rental period or of any renewal rental period You or We give the other party written
notice of termination as of the last day of such rental period. If, on or before sixty (60) days prior to the
last day of any such rental period, We give You written notice that any renewal shall be at a stated
monthly rental different from the previous monthly rental, renewal shall be at such new monthly rental,
unless within fifteen (15) days after Your receipt of such notice, You give Us written notice of Your intent
to terminate this Lease.
21. LATE POSSESSION. We shall exercise Our best efforts to give You possession of the Premises at
the commencement of the term of this Lease, but We shall not be liable to You or any other person for any
failure to do so, and any such failure shall not affect the validity of this Lease and Your obligation to pay
rent. If there is a failure to deliver You possession of the Premises at the commencement of this Lease the
monthly rental provided for shall be abated pro rata on a daily basis and shall not be due until possession
is given or occupancy is available. Should We fail to deliver possession of the Premises within thirty (30)
days after commencement of this Lease, You may elect to cancel the Lease and receive a refund of
Security Deposit paid, if any.
22. OUR RIGHTS UPON DEFAULT. If You should fail to pay any monthly rental as it becomes due or
fail to perform or observe any other term of this Lease including failure to comply with any of the
Apartment Rules and Regulations, or should it reasonably appear to Us that You have abandoned the
Premises (it being agreed that Your absence from the Premises for six consecutive days after rent has
become delinquent or Your removal of substantially all of Your possessions will create a conclusive
presumption of abandonment) or should You be declared incompetent, become bankrupt or make a
voluntary assignment for the benefit of creditors or should a receiver, guardian or trustee be appointed for
your property, then and in any such event, We may at Our option, re-enter and repossess the Premises,
without prior notice or demand, using such reasonable force as may be necessary, change any or all locks
on the Premises, all without being liable for forcible entry, trespass or other tort, and, as We elect either;
(a) declare this Lease to be terminated, in which event, Your rights and Our duties under this agreement
shall terminate without prejudice to Our rights to receive unpaid rents and damages for breach of this
Lease or (b) re-lease the premises on Your behalf for the highest rent We deem reasonably obtainable,
which event shall not be considered as a surrender or acceptance of the Premises or a termination of this
Lease, and recover from You any deficiency between the amount received as rent upon the releasing, plus
all costs of re-renting that We deem necessary or appropriate to be made in connection with the re-renting
and the amounts due under this Lease and reasonable attorney's fees.
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23. OUR RIGHTS UPON TERMINATION. Upon termination of this Lease by lapse of time or
otherwise, or upon Our exercise of any power to re-enter and repossess the Premises. You shall at once
surrender possession of the Premises, remove Your personal property there from and deliver to Us all keys
to the Premises. In any such event, if You should fail at once to surrender the Premises and remove Your
property there from, We may immediately re-enter and take control of the Premises and at Our option,
remove and/or store such property on Your account and at Your expense without any liability to You for
loss or damage thereto. If any of Your property remains on the premises for seven (7) days after You
vacate the Premises, and if You have not claimed and taken delivery of such property and paid Us all
amounts due under this Lease including costs of removal and storage, We shall have the right to sell all or
any part of such property at a public or private sale in accordance with Delaware law. The rights set forth
in this paragraph are supplemental to any lien provided by applicable statues or common law.
24. SECURITY DEPOSIT. (Premises) Upon signing this Lease, You shall deposit with Us the sum
specified in Item 8 (a) above as a Security Deposit to be held without interest to secure the payment of
rent and other charges that may be due and owing hereunder or otherwise permitted under Delaware law
and to secure your remaining obligations hereunder. The Security Deposit will be refunded at termination
of this Lease, or if there is any extension or holding over thereof, then the refund will occur at termination
of such an extension or holding over thereof, minus any monies due hereunder and any damages sustained
by Us other than normal wear and tear in the unit. You shall not deduct Your last or any month's rent or
any charge from the Security Deposit. Not withstanding any provision of this Lease to the contrary, all
security deposits will be maintained in accordance with the provisions of the Landlord-Tenant Code of the
State of Delaware. In the event of any rightful or permitted assignment for this Lease by You to assignee
or sub-lessee, the Security Deposit shall be deemed to be held by Us as a deposit made by the assignee or
sub-lessee and We shall have no further liability with respect to return of such Security Deposit to the
assignor or sub-lessor.
25. SUBORDINATION. You agree that Your interest under this Lease in the Premises is and shall
remain subject and subordinate to the lien of each and every present and future mortgage, deed of trust or
other security instrument or underlying senior lease applicable to the Premises and Main Street Court,
LLC and any extensions or renewals thereof and to all advances made or to be made there under. This
subordination provision shall be self-operative and no further instrument shall be required by any third
party, but if We so request, You agree to execute and deliver such further instrument as may evidence this
subordination to any third party. Your failure to execute such an instrument of subordination will be
deemed a default under this Lease.
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In the event this Lease were to be voided as a result of a foreclosure of any mortgage, deed of trust or
other security instrument or as a result of the termination of any underlying senior lease, We shall not be
liable for any damages or loss caused to You. If by reason of a foreclosure of such mortgage, deed of trust
or other security instrument or as a result of the termination of any underlying senior lease, there is a new
owner of Main Street Court, LLC during the term of this Lease, then You agree to attorney to such new
owner as Your Landlord and continue to perform Your obligations under this Lease for such new owners
as if he had been named the original Lessor hereunder.
26. EMINENT DOMAIN. If the Premises or any part of the Premises shall be taken by eminent domain
or pursuant to other governmental authority, this Lease shall at Our option, terminate. If We elect to
terminate due to such taking, You shall pay the rent pro-rata up through the time of such termination and
thereafter You shall have no claim against any award for the taking.
27. MISCELLANEOUS. Except as otherwise provided in the Lease, the agreements herein shall be
enforceable by and against You and Your respective personal representatives, successors and assigns.
This document contains the entire agreement between the parties and all prior and contemporaneous
discussion and negotiations or understanding are merged herein and no statement, representation,
inducement, promise or conduct whatsoever, oral or written, expressed or implied, not contained herein
shall be binding on either party. No subsequent amendment to this Lease shall be binding unless in
writing and signed by the parties hereto. No waiver of any breach of any term of this Lease shall be
construed as a waiver of that term or condition or any subsequent breach thereof, and Our acceptance of
any monthly rental after the due date shall not constitute a waiver of Our right to receive any future
monthly rental on the due date. If any court of competent jurisdiction holds any provision of this Lease to
be invalid, such holding shall in no way whatsoever affect the validity of any other provisions of this
Lease. If this Lease is executed by more than one party, all such persons shall be jointly and severally
liable for the payment of the agreed rental and for the performance of all other terms and obligations
required to be kept by the Lessee hereunder. When the context permits or requires a pronoun in any
gender (masculine, feminine or neuter) shall include the remaining genders, and the singular the plural and
the plural the singular. Each party acknowledges that he has read this Lease prior to signing and agrees to
all terms contained here. The remedies provided in this Lease shall be cumulative and shall not in any
way abridge, modify or preclude any other rights or remedies to which We are entitled at law or in equity.
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IN WITNESS WHEREOF, This Agreement is duly executed by Lessee(s) and by the Lessor.
LESSOR: By: ______________________________________________________
Authorized Representative [Main Street Court, LLC]
LESSEE(S): _______________________________________________ (SEAL) __________ Date
_______________________________________________ (SEAL) __________ Date
_______________________________________________ (SEAL) __________ Date
_______________________________________________ (SEAL) __________ Date
Name: ____________________________
Name: ____________________________
Cell: ______________________________
Cell: _____________________________
E-Mail: ____________________________
E-Mail: ___________________________
Name: _____________________________
Name: ____________________________
Cell: _______________________________
Cell: ______________________________
E-Mail: _____________________________
E-Mail: ____________________________
I received a copy of the Delaware Landlord Tenant Code:
_____________________________________________ Date______________________________
_____________________________________________ Date______________________________
_____________________________________________ Date______________________________
_____________________________________________ Date______________________________
I have read and understand the Main Street Court, LLC parking procedures and any attached
addendums. I agree to all the terms and conditions thereof:
_____________________________________________ Date______________________________
_____________________________________________ Date______________________________
_____________________________________________ Date______________________________
_____________________________________________ Date______________________________
Note: This lease is not valid until signed and ratified by both Managing Partners of Main Street Court, LLC
________________________________________
Glenn D. Schmalhofer
________________________________________
Lisa L. Ward
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ADDENDUM: APARTMENT RULES AND REGULATIONS
1. The sidewalks, entranceways, passages and stairways [common areas] shall not be
obstructed nor used for any purpose other than ingress and egress to Tenant's apartment.
Stairways and halls shall be kept clean.
2. The doors, floors, skylights and windows that reflect or admit light into passageways or
into other public parts in the apartment building [common areas] shall not be covered or
obstructed by the Tenant.
3. The Tenant shall use carefully, and only for the purpose for which they are constructed,
all water closets, utility rooms, all plumbing, electrical and other fixtures and shall pay for
all damage thereto caused by his negligence whether active or passive excepting only
reasonable wear and tear. No foreign material shall be kept in water closets. No
sweepings, rubbish, rags, flammable items or other substances shall be placed or kept in
the utility rooms or apparatus. Nothing shall be thrown out of skylights, windows, doors,
or into passageways.
4. Musical instruments, stereos, etc., shall not be played between the hours of 12 midnight
and 8 a.m., and all unnecessary or disturbing noises shall at all times be avoided. (see
addendum)
5. The halls and other public parts of the apartment building shall not be used under any
circumstances as playing grounds for children, and bicycles, baby carriages, sleds and
similar items shall not be allowed or stored therein.
6. The Leased Premises shall be kept by the Tenant in a sanitary condition, neither
clothing, curtains, rugs nor other articles shall be shaken or cleaned in any of the halls,
from any of the windows, doors or landings nor shall any be placed outside the window
sills, nor thrown from the windows or doors nor down any airshafts or into yards or courts
of the apartments.
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7. The Landlord shall have the right to prescribe the weight and proper position of extra
heavy articles [or, if deemed too heavy, not allow such items] placed in the Leased
Premises and the manner of locating such an item therein; and the Tenant shall be liable for
all damage to the apartment building caused by placing, moving or removing the same
without the permission or in the manner prescribed by the Landlord. Waterbeds will not be
permitted upon or within Leased Premises at any time without written consent.
8. The Tenant shall not use or keep in the Leased Premises explosives, fuel of any kind or
any other easily flammable material and shall not otherwise permit anything to be done in
the Leased Premises which will in any way increase the rate of fire insurance in the
apartment building or in any way conflict with any ordinance, rule or regulation of any
government authority having jurisdiction over the apartment. Tenant understands that use
of a barbecue grill or any type of grill, or other flammable liquid (such as gas grills) will be
used only on the ground levels and will be placed at least twenty-five (25) feet from any
part of the building.
9. The Tenant shall keep all windows closed whenever it rains or snows. Screens furnished
for the Leased Premises must be kept in windows at all times.
10. Water fixtures shall not be left running when not in actual use by the Tenant. The
Tenant agrees to pay the estimated cost of any unnecessary consumption. Tenant shall
promptly report any leaking plumbing fixtures, including running toilets, to Landlord.
11. The Tenant shall not display signs on the windows or elsewhere nor erect awnings
without the written consent of the Landlord.
12. All keys to the Leased Premises shall be delivered to the Landlord upon the Tenant's
removal from the Leased Premises. No additional lock may be installed anywhere within
the tenant’s apartment unit without prior written approval of Landlord and without
supplying Landlord with a key.
13. No mini bikes, go-carts or other similar motorized vehicles are allowed on the grounds
of the apartment complex or inside the Leased Premises at anytime. Bicycles shall be kept
in outside bicycle racks and not within the apartment units.
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14. No fences or any other alteration of the grounds or landscaping around the apartment
building shall be made without written consent from the Landlord.
15. Boats, trucks and trailers shall be parked in parking spaces specifically designated for
such parking by the Landlord.
16. Tenant shall not use the parking area or any other portion of the property upon which
the apartment buildings are situated for repairing or working on automobiles, trucks,
trailers or other motorized vehicles without the express written authorization of the
Landlord. Automobiles, trucks and all other motorized vehicles shall be kept off the lawn
at all times. Washing of vehicles shall not be allowed unless a designated car wash area is
provided.
17. No additional appliances, heating, or cooling systems shall be kept or used in the
Leased Premises without the written authorization of the Landlord.
18. Common areas shall be kept in a neat and orderly manner at all times, and shall never
be used for the purpose of storage. No decoration or hanging apparatus shall be affixed to
walls and/or ceilings of common areas. Also, no furniture, vehicle tires, boxes, or any
other items deemed inappropriate by management, will be permitted within common areas.
19. If Tenant becomes locked out of his/her unit, a fee of $25.00 will be charged during
normal business hours (9 am to 5 pm); a fee of $50.00 will be charged at all other times in
order to allow entry to the Leased Premises.
20. Laundry facilities are provided for use by adults; loitering in this area will not be
permitted.
21. If you furnish your own drapes, they must be white or lined with white material unless
otherwise agreed to in writing by Us.
22. Only white light bulbs will be allowed in all exterior light fixtures.
23. Written notice of termination or renewals of lease terms are due by You, sixty (60) days
prior to the last day of the rental period unless otherwise specified by Us.
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24. Tenant may not keep any guns, firearms or explosive devices in the Leased Premises
except a weapon that the Tenant has a current permit to keep. If this should be the case, a
written notice of such firearm possession must be submitted to the landlord. The Tenant
may not use the weapon in the Leased Premises or anywhere at Main Street Court.
25. Tenant shall properly dispose of all normal household trash by collecting such trash in
plastic trash bags and depositing such trash INTO one of the seven (7) DUMPSTERS
located in the parking lot area of Main Street Court. Under no circumstances shall trash,
furniture, or any other “large” item be placed anywhere outside the dumpsters without
permission from the PROPERTY MANAGER.
26. Security: Entrance to the egress doors into the apartment buildings and laundry room
are made by use of an electronic key (‘fob’) access system. It is the tenant’s responsibility:
not to lend out their key ‘fobs’ and to report any lost or stolen fobs to the rental office so
that they can be deactivated; to make sure that building doors are closed behind them when
entering and exiting the building; not to allow or prop doors open in order to allow
unauthorized people into the building.
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LEASE AGREEMENT REVISED
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