Lease Agreement To Ciarra Austin 01202023

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RESIDENTIAL LEASE AGREEMENT

Owner: Eric Danny


Address: 122 Aspen Way, Deerfield, IL 60015

Tenant: Ciarra Austin


Property Address: 3805 W 80TH St, Indianapolis, IN 46268

In consideration of their mutual agreement out the following terms, covenants, and conditions, the Owner
leases to Tenant and the Tenant lease from Owner the above-described premises.

TERMS, COVENANTS AND CONDITIONS

1. LEASE TERM

Tenant agrees to lease this dwelling on a month-to-month arrangement (tenancy-at-will) beginning


on January 20, 2023 (“Commencement Date”) and end at any time by the Landlord or Tenant(s)
providing at least 30 days' written notice to the other party. Hereinafter known as the "Lease Term".

2. RENT

The rental rate of $1,800.00 per month is payable in advance on the first day of each and every
month and shall be paid to the Owner.

If the Rent is not paid by or on the due date, there shall be no fee assessed. A notice to pay or quit
shall be submitted to the Tenant(s) for the requested payment.

Any deductions from rent without express, prior permission from Owner will be considered late
rent and will be subject to the late fee described above.

In the event that Tenants pay rent by check, and the check is returned from the bank for any
reason, Tenants agree that:
a. The amount of the funds will be replaced within twenty-four (24) hours with certified funds
b. To pay a fee of $35.00 to cover the cost of the dishonored check
c. In the event Tenants have a second check dishonored at any time during the tenancy, all further
payments shall be made through certified funds.
In the case of non-payment of rent or tendering a dishonored check, a five-day (5) notice to “move or
suffer eviction” shall be given as allowed by law.

3. SECURITY DEPOSIT

Upon the execution of this Lease, Tenant shall pay to Landlord a security deposit in the amount of
$1,800.00 into the account of the Landlord to be held as security for the payment of rent and the faithful
Security Deposit Amount performance by Tenant of all of its obligations in the Lease. Landlord may use
the security deposit to repair any damage to the Premises caused by Tenant or its guests, and to clean the
Premises upon termination of this Lease. The security deposit shall be held and applied as provided by the
laws of Indiana. If Tenant fully performs its obligations hereunder, the security deposit, or balance, shall
promptly be returned to Tenant after the termination of this Lease.

4. POSSESSION OF THE PREMISES

Tenants acknowledge that the statements and material representations made on the signed
application of Tenants, 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(s), if any, by the commencement date
hereof. In the event Owner is unable to deliver possession of the premises to Tenants for any reason
including, but not limited to, failure of previous Tenants to vacate the premises or partial or complete
destruction of the premises, Tenants shall have the
right to terminate this Agreement. In this event, Owner’s liability shall be limited to the return of all sums
previously paid by Tenants to Owner except application processing fee, if any.

5. LEGAL USE

Tenants shall use the lease premises only for residential purposes and for no other purpose.
Operating a business, including daycare, from this property is prohibited. Tenants shall not use, nor
permit the use of anything in the premises which would violate any of the agreements in the lease, for any
unlawful purpose or manner, or that would substantially increase the cost of the Landlord’s insurance.
Tenants shall comply with all City Codes and Ordinances and all City, State, Federal Regulations and
Laws. Tenants shall pay any cost incurred by Owner due to the violation of any code, ordinance,
regulation or law by Tenants, and the violation thereof shall constitute a breach of the Lease Agreement.

6. SMOKING

Tenants agrees that smoking in the premises is not permitted and should smoke damage occur due
to Tenants, employees or visitors of Tenants or guests smoking in the dwelling,
Tenants agrees to pay the costs of having the premises painted, walls washed, interior deodorized and
carpets and draperies professionally cleaned, as well as any other cost to repair smoke damage. If, after
move-in, smoking occurs without written permission of Owner, an eviction notice may be issued.

7. PETS

Tenants shall be allowed to keep one (1) English bulldog on the Premises. No other pets are
allowed. Tenants agree to pay the cost of having the premises treated, if needed, by a professional
exterminator and carpets professionally cleaned at the termination of the occupancy, and Tenants agrees
to maintain the pet on the premises only so long as permitted by Owner. Any damage caused by a pet
shall not, in any circumstance, be considered normal wear and tear. If, after move-in, another pet is
acquired without written permission of Owner, an eviction notice may issue. Tenants are not required to
pay any additional pet deposit.

8. UTILITIES

Unless paid by Owner, utilities must be in the name of Tenant on the commencement date of the
Lease. Utilities shall not be turned off until the Tenants have notified the Owner of the move out date,
vacated the property, turned in keys, and fulfilled all other obligations under this agreement.

9. OCCUPANTS
Premises shall be occupied only by the person(s) listed below. Occupancy by anyone other than
those listed for more than fourteen (14) consecutive nights shall constitute a breach of this Agreement
without express prior consent given in writing by Owner.

10. MAINTENANCE

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.

Exceptions:
• Tenants agree to be responsible for repairs needed due to misuse.
• Tenants agree to notify Owner within twenty-four (24) hours if repairs are needed.

Unless otherwise agreed upon in writing, Tenants agree to keep and maintain the property in good
condition, including all yard maintenance.

11. ALTERATIONS AND REPAIRS

Except in the event of an emergency, no repairs, decoration, or alterations shall be done by


Tenants without the express written consent of Owner. Tenants shall notify Owner in writing of any
repairs or alterations contemplated. Tenants shall hold Owner harmless as to any mechanic’s lien
recordation or proceeding caused by Tenants and Tenants to indemnify Owner
in the event of any claim or proceeding. Tenants agree 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. In the event that
Tenants wish to install a satellite television dish, any damage to the roof or house caused by installation or
use of satellite dish is the responsibility of the Tenants. This damage shall not be considered to be normal
wear and tear.

12. APPLICATION OF FUNDS

Money paid by Tenants shall be applied in the following order


a. Maintenance charges due in accordance with Tenancy guidelines
b. Late charges, dishonored check charges, or trip charges
c. Past due utilities
d. Unpaid security deposits
e. Attorney fees, processor fees, Court costs
f. Past due rent, oldest month to newest
g. Current rent

13. HOMEOWNER’S ASSOCIATION

The Tenants agree to read and abide by the Homeowner’s Association Rules and Regulations, if
applicable. Tenants agree to pay, upon demand, any fines levied upon Owner for the violation of the
association rules and regulations by Tenants. Tenants are responsible for maintaining working light bulbs
in front/rear porch and carport light fixtures.

14. ASSIGNMENT AND SUBLETTING

No portion of the premises shall be sublet nor this Agreement assigned. Any attempted subletting
or assignment by Tenants, at the option of the Owner, shall be a breach of this Agreement.
15. INSURANCE

All personal property located on or stored in the Premises shall be kept and stored at the sole risk
of the Tenant’s and Tenants shall indemnify and hold harmless Owner from and against any loss or
damage to said property arising from any cause whatsoever. Further, Tenants are responsible for
obtaining and is required to carry their own insurance to cover the personal property and liability of
Tenants as Owner shall only carry insurance on the dwelling. Tenants are required to list Owner as an
“Additional Insured” party on any renter’s insurance policy.

16. INVENTORY

The following items are included in the dwelling: three (3) ceiling fans, stove, refrigerator,
microwave, dishwasher

17. OWNER’S RIGHT OF ENTRY AND INSPECTION

Owner shall have the right to enter the Premises and Tenants agree to allow entry to workman,
contractors, or other authorized persons in cases of emergency and to make necessary or agreed repairs or
service.

Owner shall also have the right to show the Premises to prospective purchasers during the term of this
agreement, to representatives of mortgage lenders or appraisers, or upon written notice by either Owner or
Tenants that the Lease Agreement will not be extended beyond the expiration date. The Owner shall have
the right to market the property, including placing a sign on the property, place media advertising, and
have access to show the interior/exterior of the property to prospective Tenants.

Failure of the Tenants to allow the showing of the property after notice shall result in a charge equal to
one month’s rent which may be retained from funds held for Security Deposit.

Except in cases of emergency, entry shall be made only during normal business hours, and not less than
one (1) day prior notice shall be given to Tenants.

Notwithstanding the provisions of the Breach of Contract paragraph, for the purpose of entry and
inspection, notice may be posted on the Premises.

18. ATTORNEY’S FEES

In the event of legal action or proceeding is brought by either party to enforce part of this Lease
Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorney’s fees and
costs to be set upon application to the court.

19. SURRENDER

Tenants agree that upon vacating the premises to surrender the premises and all fixtures and
equipment of Owner therein in good, clean, operating condition, ordinary wear and tear excepted.
Tenants 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, Tenants shall secure the property and
immediately deliver all keys and garage door openers, if applicable, to Owner. If the cleaning and
removal of trash is not accomplished by Tenants, action deemed necessary by Owner to accomplish the
same may be taken by Owner at the expense of the Tenants. If Tenants fail to secure the property and
return all keys and garage door openers, if applicable, the Tenants agree to pay any cost incurred by the
Owner to secure the property including any repairs for damage to the property as a result of the failure to
secure the property by the Tenants, and/or replace keys, locks, garage door openers.

20. WAIVER BY OWNER

The waiver by Owner of any breach shall not be construed to a continuing waiver of any
subsequent breach thereafter. 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 the breach. No waiver by the Owner of
the provisions herein shall be deemed to have been made unless expressed in writing or signed by Owner.

21. DISCLOSURE

Fair Housing – Owner and Tenants acknowledge and agree that Owner shall lease the premises to
Tenants without regards to sex, race, religion, color, handicap, familial status or national origin.
Disclosures – Owner and Tenants acknowledge and agree that any additional disclosures required by this
lease or law shall be indicated in the contract documents.

22. MEDIATION

Any dispute arising between Tenants and Owner with respect to this contract shall first be
submitted to a dispute resolution mediation system servicing the area in which the property is located.
Any settlement agreement shall be binding. In the event an agreement is not reached,
the parties may pursue legal remedies as provided by the Contract.

23. RIGHTS OF PROPERTY MANAGER

Until further written notice to all parties, the manager has all the same rights and responsibilities
accorded to the Owner, and the right to act on Owner’s behalf.

24. GOVERNING LAW

This Agreement is to be governed under the laws located in the State of Indiana.

25. ADDITIONAL TERMS AND CONDITIONS

There are no further terms or conditions that will be added to this Agreement other than any
attachments or addendums attached.

26. ENTIRE AGREEMENT

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 both Owner and Tenants.

27. THE UNDERSIGNED

Tenants and Owner acknowledge that they have read and understand the lease and all
attachments and addendums. They also acknowledge that they have received a copy of the Lease
Agreement, attachments and addendums and the Tenants accept the Property in its present condition.
Owner's Signature ___________________________ Date: 01/20/2023
Eric Danny

Tenant’s Signature ___________________________ Date: 01/20/2023


Ciarra Austin

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