CHICAGO APARTMENT LEASE – 2013 SMOKE-FREE BUILDING DATE OF LEASE _______________ TERM OF LEASE FROM TO __________________________ MONTHLY RENT SECURITY DEP LATE FEE _________________ ______________ ________ TENANT: LESSOR: __________________________________________________ RJK PROPERTY MANAGEMENT _________________________________________________ 1934 W. DICKENS __________________________________________________ CHICAGO, IL 60614 CHICAGO, IL 606 ____ 773-848-1152 AUTHORIZED OCCUPANTS:_____________________________________________________________________ AUTHORIZED PETS: ___________________________________________________________________________ APPLICATION AND OCCUPANCY NOTICE TO TENANT TENANT ACKNOWLEDGES THAT THIS LEASE HAS BEEN EXTENDED TO TENANT PURSUANT TO AN APPLICATION SUBMITTED BY TENANT. THE ACCURACY OF THE INFORMATION THEREIN CONTAINED IS A MATERIAL CONDITION OF LESSOR IN EXTENDING THIS LEASE TO TENANT. TENANT WARRANTS THAT ALL THE INFORMATION GIVEN BY TENANT IN APPLYING FOR THIS LEASE IS TRUE AND ACKNOWLEDGES THAT PROVIDING FALSE INFORMATION IS A MATERIAL BREACH OF THIS LEASE. OCCUPANCY BY INDIVIDUALS NOT INCLUDED IN THIS LEASE SHALL CONSTITUTE A MATERIAL BREACH OF THIS LEASE. BUILDING CODE VIOLATIONS TENANT IS HEREBY NOTIFIED THAT DURING THE 12 MONTH PERIOD PRIOR TO THE DATE OF EXECUTION OF THIS LEASE, THE FOLLOWING BUILDING CODE VIOLATIONS HAVE BEEN CITED FOR THE APARTMENT AND OR BUILDING AND THE FOLLOWING NOTICES HAVE BEEN RECEIVED FROM THE CITY OF CHICAGO OR UTILITY PROVIDERS REGARDING TERMINATION OF SERVICE: TENANT: LESSOR: ______________________________________________ date ______________________________________________ date ________________________________________________ date ________________________________________________ date LEASE COVENANTS AND AGREEMENTS PROMISES OF THE PARTIES – The terms and conditions contained herein shall be conclusively deemed the agreement between Lessor and Tenant and no modification, waiver or amendment of this lease or any of its terms, conditions or covenants shall be binding upon the parties unless made in writing and signed by the party sought to be bound. RENT – Tenant shall pay to Lessor or Lessor’s Agent in advance as rent for the premises the sum stated above. Rent is due and payable on the first calendar day of each month. The timely payment of each installment of rent is deemed to be of the essence of this lease. Rent may be dropped in the box at 1936 W. Dickens or mailed to 1934 W Dickens, Chicago IL 60614. LATE CHARGES – If rent is placed in the drop box later than the 5th calendar day on the month, processed for epay later than the 5th calendar day or postmarked later than the 3rd calendar day of the month the late fee noted above must be included. If rent is paid by a personal check which is later dishonored by the Tenant’s bank, the Tenant shall be assessed any bank charges incurred by the Lessor as a result of the dishonored check in addition to the rent and late fee. SECURITY DEPOSIT – Tenant has deposited with Lessor the Security Deposit in the amount set forth above for the performance of each and every covenant and agreement to be performed by Tenant under the Lease. If Tenant performs all of the obligations as provided in the Lease and pays all sums due Lessor, then after the Tenant has surrendered possession of the premises and delivered the keys thereto, Lessor shall refund said deposit to Tenant, including interest as provided by the Chicago Tenant Landlord Ordinance. If Tenant has failed to comply with any provisions of the lease, then the Lessor may apply all or any part of the security deposit in payment of any sum due to Lessor or to pay for any damages incurred by Lessor, Lessor’s co-occupants or guests. Damages are not limited to the amount of the security deposit. The security deposit shall not be construed or allocated as rent in any month of the lease term without prior written permission from the Lessor to do so. Security deposits are held at Charter One Bank in Chicago in separate accounts from the operating funds of RJK Property Management. Interest Rates : 2011 = .073% 2012 = .057% 2013 = .023% POSSESSION – At the commencement of the lease Lessor shall deliver possession of the apartment to Tenant. Possession shall be deemed to have been delivered to Tenant on the day that Lessor either A) delivers keys to the apartment or B) makes keys available to Lessor at a designated place. If Lessor cannot deliver possession on the date set for commencement of the term, the lease shall remain in full force and effect with rent abated until possession takes place, unless Tenant elects to maintain an action for possession or upon written notice to Lessor, terminate this lease. USE OF THE PREMISES – The premises shall be used for residential purposes only, and only by the persons noted on the Lease and the Application for Lease. Tenant shall not allow trash to accumulate anywhere in the building, nor allow objects to be thrown from windows or porches. Tenant shall not hang objects out windows nor place objects on windowsills that might fall and injure any person. Tenant shall not engage in any activities which will increase the rate of insurance on the property. Hallways, porches, stairways, landings and vestibules shall not be used for any purpose other than ingress and egress from the building. Tenant may not store items in any common areas of the building unless approved by Lessor. APPLIANCES – Tenant shall not install any air conditioning, heating or cooling equipment or dishwashers, clothes washers or dryers in any portion of the building without obtaining prior written permission from the Lessor. HEAT AND HOT WATER – Lessor agrees to provide Tenant with separate heating and hot water appliances in good operating condition. Tenant shall be responsible for utility costs for the operation thereof. Tenant is responsible for maintaining a minimum 60 degree temperature in the apartment for all times that the outside temperature is below 50 degrees. Tenant shall be responsible for any damage caused to the building, including frozen pipes affecting other units, if the minimum temperature is not maintained. ACCESS TO PREMISES – Tenant shall permit the Lessor access to the premises at all reasonable times, subject to the notice requirements of the Chicago Tenant Landlord Ordinance, to inspect the premises and/or to make necessary repairs, maintenance or improvements or supply necessary or agreed upon services, or to determine Lessor’s compliance with provisions of the lease. In the event of an emergency or where repairs in the building require access to Tenant’s apartment, Lessor may enter without prior notice to Tenant. SUBLET OR ASSIGNMENT – Tenant shall not sublet the premises or any part thereof, nor assign this lease, without obtaining Lessor’s prior written permission to sublet or assign. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided in the ordinance. HOLDING OVER – If the Tenant remains in possession of the premises after the termination of the lease by lapse of time or otherwise, then the Lessor may, at Lessor’s option, consider such holding over as constituting a month-to-month tenancy, upon the terms of this lease except at double the monthly rental specified above. Tenant shall also pay to Lessor all damages sustained by Lessor resulting from Tenant’s retaining possession of the premises. LIABILITY FOR RENT – Tenant shall continue paying rent and utility charges to the end of the term of this lease, whether or not the premises become vacant by reason of abandonment, breach of the lease by Tenant, wrongful termination by Tenant or if the Tenant has been evicted for breach of this lease, to the extent such obligations have not been mitigated, abated or discharged in whole or in part by any law or ordinance. Notwithstanding any of the provisions contained in this section the Landlord shall make a good faith effort to re-let the premises, but not in priority to other vacancies, and if the premises are re-let, Tenant shall be responsible for the balance of the rent, costs, advertising, commissions and attorney’s fees in connection therewith. BINDING EFFECT – If Tenant shall violate any covenant or provision of this lease, Lessor shall have the right to terminate this lease or Tenant’s right to possession pursuant to the lease upon appropriate legal notice to Tenant. If Tenant assigns this lease, whether with or without Lessor’s permission as required herein, the covenants and conditions contained in the Lease shall nonetheless be binding on the assignee as if the assignee had signed the lease. Nothing contained in this paragraph shall preclude Lessor from commencing legal proceedings against the assignee of this lease who obtained possession from the party named as Tenant in this lease without Lessor’s written permission as required in this lease. ATTORNEY’S FEES - If Lessor commences legal proceedings to enforce the covenants of this lease due to Tenant’s breach thereof, Tenant shall pay Lessor’s reasonable attorney’s fees incurred to enforce Tenant’s compliance with the terms of this lease. FIRE OR CASUALTY – If the Premises, Building or any part thereof shall become uninhabitable as a result of fire, explosion or other casualty, Lessor and Tenant shall have all of the rights provided by state or local law or ordinance. For purposes of this paragraph, Lessor’s good faith effort to obtain insurance adjustments, settlements or awards to obtain sufficient funds to perform repairs made necessary due to fire, explosion or other casualty shall be deemed diligent efforts to repair the Building within a reasonable time. MECHANIC’S LIENS – Tenant shall not place or allow to be placed on the Premises, the building or elsewhere on the real property any mechanics lien or any other claim for any repairs, maintenance or modifications performed by, ordered or contradicted by the Tenant, whether or not same were rightfully performed or ordered by the Tenant. The placement of any such lien shall constitute a breach of this lease and upon ten day’s notice to cure said lien , Lessor may terminate Tenant’s tenancy or right to possession. In addition Lessor shall have the right to satisfy and remove said lien without regard to the merits thereof and Tenant shall be responsible for the damages incurred in removing the lien, along with other damages, costs and attorney’s fees incurred by Lessor in connection therewith. RULES AND REGULATIONS – Tenant agrees to obey the rules and regulations contained in this lease and in Kathy’s Guide to Keeping the Landlady Happy, Kathy’s Guide to Moving Out and RJK Property Management Pet Rules, as well as any further reasonable rules and regulations established by the Lessor during pendency of this lease. The Rules and Regulations are hereby incorporated into and made a part of this lease. Failure to observe the Rules and Regulations shall be deemed to be a material breach of this lease, and in event of such breach, Lessor shall be entitled to terminate Tenant’s right to possession under the Lease upon ten day’s notice, and shall further be entitled to such rights and remedies as provided by the Chicago Tenant Landlord Ordinance. SUBORDINATION OF LEASE – This lease is subordinate to all mortgages which may now or hereafter affect the real property of which the Premises forms a part. The recordation of this lease, or any memorandum thereof by Tenant shall constitute a material breach of this lease. SEVERABILITY – If any clause, phrase , provision or portion of this lease, or the application thereof to any person or circumstance, shall be determined to be invalid or unenforceable under applicable law or ordinance, such event shall not affect , impair or render invalid or unenforceable the remainder of this lease or any clause, phrase or portion hereof, nor shall it affect the applicability of any clause, provision or portion hereof to other persons, circumstances and the lease shall be interpreted in accordance with said ordinance.
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