Dear Mass Law Forum,
i am writing because I need help in deciphering whether or not a lease I'm about to sign for August 1st is OK. The house has 2 apartments. My boyfriend will be living in one and I will be in the other. He is one third owner of the property. His sister is the executor and his brother created this lease agreement. I don't know if he used a template or created this himself. My biggest question is what the difference would be if I rent as a "resident" and not a "tenant" which is how he has worded the lease. I would also appreciate it if you would look over the rest of the lease and let me know if there is anything that I need changed before I sign. I am copying and pasting the lease here. Thanks in advance for any help. DonnaBASIC RENTAL AGREEMENT OR RESIDENTIAL HOUSE SHARE LEASE
This Rental Agreement or Residential House Share Lease shall evidence the complete terms and conditions under which the parties whose signatures appear below have agreed. Landlord, 60 Beals Realty Trust, Richard M. Brown, acting Representative______, shall be referred to as "OWNER" and Tenant(s) _____________Dona Wright_____, shall be referred to as "RESIDENT." As consideration for this agreement, OWNER agrees to rent/lease to RESIDENT and RESIDENT agrees to rent/lease from OWNER for use solely as a house share residence, five rooms, a bath, and shared basement, of the premises located at __60 Beals Street___in the city of____North Weymouth, Mass._____.
1. TERMS: RESIDENT agrees to pay in advance $675._ per month on the __1st_ day of each month. (First and Last month’ s rent to be paid at initial signing)
2. LATE CHARGE: A late fee of $__50_, shall be added and due for any payment of rent made after the ______14th______ of the month. Any dishonored check shall be treated as unpaid rent, and subject to an additional fee of $____50___.
3. UTILITIES: RESIDENT agrees to pay gas, heat, and electric utilities and/or services based upon occupancy of the premises. Utilities to be shared on a pro-rated basis by all house share residents. Owner will pay water and sewer, trash fees, property tax and home owner’s insurance.
4. OCCUPANTS: Guest(s) staying over 15 days without the written consent of OWNER shall be considered a breach of this agreement. ONLY the following individuals and/or animals, AND NO OTHERS shall occupy the subject residence for more than 15 days unless the expressed written consent of OWNER obtained in advance:
5. PETS: No animal, fowl, fish, reptile, and/or pet of any kind shall be kept on or about the premises, for any amount of time, without obtaining the prior written consent and meeting the requirements of the OWNER. Such consent if granted, shall be revocable at OWNER'S option upon giving a 30 day written notice. In the event laws are passed or permission is granted to have a pet and/or animal of any kind, an additional deposit in the amount of $To Be Determined___ shall be required along with additional monthly rent of $_______ along with the signing of OWNER'S Pet Agreement. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible liability and damages that may be caused by such animals.
6. NOISE: RESIDENT agrees not to cause or allow any noise or activity on the premises which might disturb the peace and quiet of another RESIDENT and/or neighbor. Said noise and/or activity shall be a breach of this agreement.
7. DESTRUCTION OF PREMISES: If the premises become totally or partially destroyed during the term of this Agreement so that RESIDENT'S use is seriously impaired, OWNER or RESIDENT may terminate this Agreement immediately upon three day written notice to the other.
8. CONDITION OF PREMISES: RESIDENT acknowledges that he has examined the premises and that said premises, all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, all items listed on the attached property condition checklist, if any, and/or all other items provided by OWNER are all clean, and in good satisfactory condition except as may be indicated elsewhere in this Agreement. RESIDENT agrees to keep the premises and all items in good order and good condition and to immediately pay for costs to repair and/or replace any portion of the above damaged by RESIDENT, his guests and/or invitees, except as provided by law. At the termination of this Agreement, all of above items in this provision shall be returned to OWNER in clean and good condition except for reasonable wear and tear and the premises shall be free of all personal property and trash not belonging to OWNER. It is agreed that all dirt, holes, tears, burns, and stains of any size or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear.
9. ALTERATIONS: RESIDENT shall not paint, wallpaper, alter or redecorate, change or install locks, install antenna or other equipment, screws, fastening devices, large nails, or adhesive materials, place signs, displays, or other exhibits, on or in any portion of the premises without the written consent of the OWNER except as may be provided by law.
10. PROPERTY MAINTENANCE: RESIDENT shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat and clean. RESIDENT shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler. RESIDENT shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause clogging of the drains. RESIDENT shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks. RESIDENT is also responsible for seasonal yard, driveway and access maintenance including mowing lawns in summer, leaf removal in fall and snow removal in winter.
11. INSURANCE: RESIDENT acknowledges that OWNERS insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall OWNER be held liable for such losses. RESIDENT is hereby advised to obtain his own insurance policy to cover any personal losses.
12. RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises at any time in case of emergency or suspected abandonment. OWNER shall give 24 hours advance notice and may enter for the purpose of showing the premises during normal business hours to prospective renters, buyers, lenders, for smoke alarm inspections, and/or for normal inspections and repairs. OWNER is permitted to make all alterations, repairs and maintenance that in OWNER'S judgment is necessary to perform.
13. TENANT NOT TO ASSIGN OR SUBLET: The Tenant shall not assign sublet or part with possession of the Premises or any part thereof without the prior written consent of the Landlord, which consent shall not be arbitrarily or unreasonably withheld. The Landlord may assign this Lease and all of his or her rights and obligations hereunder without the Tenant’s consent.
14. FAILURE TO VACATE:
If the Tenant is obliged to vacate the Premises on or before a certain date and the Landlord has entered into a lease with a third party to rent the Premises after such date and the Tenant fails to vacate the Premises thereby causing the Landlord to be liable to such third party, then the Tenant shall, in addition to any other liability hereunder, indemnify the Landlord for all losses suffered by reason of his or her failure to vacate.
15. CONDONATION OF BREACH NOT A WAIVER:
Provided always and it is agreed that any excusing, condoning, or overlooking by the Landlord of any default, breach or non-observance by a Tenant at any time of covenant, proviso, condition or regulation in this Lease shall not operate as a waiver of the Landlord’s rights under this Lease in respect of subsequent defaults, breaches, or non-observances of terms of this Lease, and shall not defeat or affect in any way the Landlord’s rights in respect of any such subsequent default or breach.
16. INDEMNITY: The Tenant covenants with the Landlord to indemnify the Landlord in respect of all liabilities, fines, suits, claims, demands and actions of any kind for which the Landlord may become liable by reason of breach or non-performance by the Tenant of any covenant, agreement or proviso of this Lease, or by reason of any act or default by the Tenant or member of his or her family, household or guests, his indemnity shall, where the breach, non-performance, damage to property, personal injury or death occurs during the term of this Lease, survive termination of this Lease.
17. ATTORNEY FEES: If any legal action or proceedings be brought by either party of this Agreement, the prevailing party shall be reimbursed for all reasonable attorney's fees and costs in addition to other damages awarded.
18. RECEIPT OF AGREEMENT: The undersigned RESIDENTS have read and understand this Agreement and hereby acknowledge receipt of a copy of this Rental Agreement.
OWNER'S or Agent's