Lease Agreement | Creative Housing

RESIDENTIAL LEASE AGREEMENT

This Lease Agreement (“Lease”), made this day of , 20 , by and between Creative Housing, Inc., an Ohio non-profit corporation (“Landlord”), and

(“Tenant(s)”). Tenant(s) ☐ are ☐ are not (check the appropriate box) the recipient(s) of a Columbus Metropolitan Housing Authority (“CMHA”) voucher. CMHA monthly contracted rent is $ .

PREMISES AND LEASE TERM. Landlord hereby rents and leases to Tenant(s), the residence located at

(referred to in the rest of this Lease and any attachment hereto as the “Premises”) for a term of 12 months commencing , 20, and ending on , 20 (the “Term”). This Lease shall automatically renew on a month to month basis at the end of the Term unless written notice of termination is given by either Landlord or Tenant(s) to the other at least sixty (60) days before expiration of the Term. During a month to month tenancy, either Landlord or Tenant(s) may terminate the Lease by providing the other with at least thirty (30) days’ prior written notice.

SECURITY DEPOSIT. Tenant(s) shall pay a security deposit in the amount of $0.00.
RENT. Tenant(s) shall pay to Landlord the “Rent,” in advance on the first day of each calendar month during the Term. Rent payments are to be made without demand to Landlord at 2233 CityGate Drive, Columbus, Ohio 43219. Payment must be by check, money order or by online payment. No cash will be accepted.

shall pay $ per month

LATE FEES AND ADDITIONAL CHARGES. Tenant(s) agrees to pay a “Late Payment Charge” of five percent (5%) of the amount of Rent still unpaid (or unreceived) on the fifth (5th) day of the month as additional rent. If any personal check used by Tenant(s) to pay Rent is returned to Landlord for insufficient funds, Tenant(s) shall pay an additional charge equal to the amount charged by Landlord’s bank as a returned check fee. This returned check fee shall be in addition to any Late Payment Charge. After the first, or any subsequent, returned check by Tenant(s), Landlord may require any and all subsequent Rent payments to be made by Cashier’s check or money order, at Landlord’s discretion.
RENT ADJUSTMENT.
Tenant(s) who does NOT receive a CMHA voucher agrees that the Tenant(s)’ share of the monthly rent is subject to adjustment by Landlord to reflect income changes which are disclosed pursuant to Tenant(s)’ continued participation in any programs funded by CMHA or the Franklin County Board of Developmental Disabilities (“FCBDD”), and Tenant(s) agrees to be bound by such adjustment. Landlord agrees to give 30 days’ written notice of any such adjustment to the Tenant(s), by an addendum to be made a part of this Lease, stating the amount of the adjusted monthly rent which Tenant(s) will be required to pay.
Tenant(s) receiving a CMHA voucher shall comply with CHMA rent adjustment policies and approvals.
UTILITIES. The utilities to the Premises shall be paid as follows:

Heating (including heating of water), electricity and gas charges to be paid by Tenant(s) directly to the service provider.
Water and sewer charges will be paid by Landlord up to a maximum amount equal to the recent municipality comparable average. Amounts in excess of that averagemaybe charged to Tenant(s) NOT receiving a CMHA voucher. Landlord shall pay the entire water and sewer charges of Tenant(s) receiving a CMHA voucher.
A consistent phone number on the Premises that would be answered 24/7 whenever occupants are at the Premises is required and the failure to provide such will be a default under the Lease. This phone number is necessary for real-time communication with the household when monitored life-safety system alarms are activated.

Tenant(s) agrees that Landlord shall have the right to temporarily stop the service of electricity, water or gas in the event of an accident affecting the utilities or the Premises, or to enable repairs or alterations made in the Premises or elsewhere on Landlord’s property.

FAIR HOUSING AND EQUAL OPPORTUNITY. Landlord shall not discriminate based upon race, color, religion, national origin, sex, sexual orientation, age, familial status and/or disability. Tenant(s) must direct all requests for reasonable accommodation or modification due to the Tenant(s)’ disability to the Landlord. Landlord will provide reasonable accommodations and/or modifications unless providing the accommodation/modification would impose an undue financial or administrative burden on Landlord, or it would fundamentally alter the nature of the Landlord’s program.

PETS. No pets are permitted at the Premises without the prior express written approval of Landlord, and contingent upon Tenant(s) entering into Landlord’s Pet Addendum. This section does not apply to animals needed as a reasonable accommodation to the Tenant(s)’ disability. In the event Tenant(s) requires an animal to be on the Premises as such a reasonable accommodation, Tenant(s) must contact Landlord to request such an accommodation.

TENANT(S)’ ACCEPTANCE OF PREMISES. By signing this Lease, Tenant(s) acknowledges that the Premises is safe, clean and in good condition. Tenant(s) agrees that all appliances and equipment on the Premises are in good working order, except as described in the Move In/Move Out Guidelines and Acknowledgement document attached to this Lease. Tenant(s) also agrees that Landlord has made no promises to decorate, alter, repair or improve the Premises except as listed on the Move In/Move Out Guidelines and Acknowledgement.
TAXES AND ASSESSMENTS. Landlord shall pay all real estate taxes and assessments, including any related interest or penalties, that become due and payable with respect to the Premises during the term of the Lease.
TENANT(S)’ USE OF PREMISES. Tenant(s) shall use the Premises only for residential purposes. Tenant(s) acknowledges that this use limitation is a material provision of this Lease and that any violation of it may be grounds for termination of the Lease by Landlord. The Premises shall not be used for any unlawful or immoral purposes, or for any purposes deemed to be hazardous by Landlord or by Landlord’s insurance company because of fire or other risk. Tenant(s) shallobey all applicable laws, ordinances, rules, regulations, requirements and orders of all governmental agencies or subdivision restrictions relating to the Premises and their use and occupancy. The discharge of firearms upon any part of the Premises and adjoining property, or engaging in any loud or boisterous conduct that disturbs the peace and quiet of neighbors, shall, among other things, constitute a nuisance and may be grounds for termination of this Lease by Landlord.

Tenant(s) agrees to use and occupy the Premises in a careful, safe, lawful and proper manner, without waste, and to give prompt notice to Landlord of the need for any repairs to the Premises.

MAINTENANCE.
Landlord shall:

Maintain all common areas and facilities in a safe condition;
Maintain all equipment and appliances provided by Landlord in safe and working order (Landlord is not obligated to repair, replace and/or service any appliance provided by Tenant(s));
Appliances provided by Landlord are: range/oven (stove), refrigerator, washer, dryer

Provide normal repairs and preventative maintenance services and replacementsnecessary to put and keep the Premises in a fit and habitable condition;

Provide extermination services, as necessary (Landlord reserves the right to bill Tenant(s) for any related charges if extermination services are required due to Tenant(s)’ failure to maintain the Premises, at Landlord’s discretion); and

Maintain exterior grounds, unless otherwise noted in this Lease.

Tenant(s) shall:

Keep the Premises clean;
Use all appliances, electrical equipment (including proper usage of power strips), fixtures and equipment in a safe manner and only for the purposes for which they are intended;
Not litter the grounds or common areas;
If Tenant(s) resides in a one-, two- or three-unit building, be responsible for snow removal and any contractor or service provider hired by Tenant(s) to provide snow removal;
Not destroy, deface, damage or remove any part of the Premises, common areas or grounds;
Give Landlord prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of the Premises or related facilities;
Keep all plumbing fixtures such as toilets, tubs and sinks in a clean and sanitary condition and avoid depositing any material that is likely to obstruct and interfere with the proper functioning of such fixtures;
Remove garbage and other waste from the Premises in a clean and safe manner; and
Arrange for any required bulk pick-up of trash and garbage, if necessary.

Tenant(s) shall reimburse Landlord for any costs expended due to excessive/abnormal damage to the Premises or any common area, any equipment or appliance thereon. Any payment pursuant to an invoice for such costs shall be due within thirty (30) days of receipt by Tenant(s), unless arrangements have otherwise been made in a writing signed by Tenant(s) and Landlord. For the purpose of this Section, “excessive/abnormal damage” includes without limitation, broken glass, toilet stoppage, excessive damage to doors and walls, and damage to appliances. Landlord also reserves the right to charge Tenant(s) for costs associated with ‘false alarm’ maintenance requests in which the service provider finds the appliance or fixture in proper working order.

PESTS. Tenant(s) shall immediately report any pest issue to Landlord. Tenant(s) agrees to prepare the Premises and personal property for any pest control treatment required by Landlord and comply with any and all requirements as outlined in the attached Pest Policy. Tenant(s) further agrees to comply with all recommendations and requests from Landlord and pest control specialists prior to any required professional pest-removal treatment of the Premises. Any violation of this Section or the Pest Policy shall be a material default of the Lease.
GUESTS OF TENANT(S). Only those listed as “Tenant(s)” in this Lease may reside on the Premises. Tenant(s) may have guests from time to time, however, no individual guest is permitted to stay overnight at the Premises on more than seven (7) occasions in a six (6) month period (the term “overnight” shall be interpreted to include any significant time during the overnight hours of 10 pm – 6 am). Each night of an overnight stay is considered an occasion. This overnight restriction shall not include any individual who stays overnight at the Premises pursuant to a contract with FCBDD or its subcontractor agencies. At all times Tenant(s) are responsible for any guests or invitees onto the Premises and shall be liable for any damage caused to the Premises, its fixtures, equipment, appliances or the common areas, by a guest or invitee of Tenant(s). In addition, please see Section 16 regarding Tenant(s)’ liability for any criminal conduct of a guest or invitee on the Premises.
OBLIGATIONS OF TENANT(S).
Tenant(s) shall not assign this Lease, sublet the Premises, give accommodation to any roomers or lodgers, or permit the use of the Premises for any purpose other than as a private dwelling solely for the Tenant(s). The Tenant(s) agrees to reside in the Premises and agrees that the Premises shall be the Tenant(s)’ only place of residence.
Tenant(s) shall not permit third-party use of appliances, utilities or other aspects of the Premises unless at the direction of Tenant(s) and for the sole and direct benefit of the Tenant(s).
Tenant(s) shall comply with the requirements imposed on Tenant(s)s by all applicable state and local housing, health and safety codes.
Tenant(s) shall properly refrain and forbid any other person who is on the Premises with Tenant(s)’ permission from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance or other part of the Premises.
Tenant(s) shall not obstruct any means of egress from the Premises or common areas, and shall comply with all provisions of the attached Fire Safety Policy.
Tenant(s) shall not change or alter any door or window locks at the Premises or surrounding common areas.
Tenant(s) shall not make any alterations to the Premises, paint, or construct additions without the prior written consent of Landlord for any planned alterations, and final approval by Landlord of the completed alterations. All additions, fixtures, or improvements which are made by Tenant(s), except removable items or equipment, shall become the property of Landlord and remain upon termination of this Lease. In addition, Tenant(s) shall keep the Premises free from any mechanics’ lien, and shall indemnify and hold Landlord harmless from any loss, damages, costs, expenses, including reasonable attorney’s fees, in connection with any repairs or improvements Tenant(s) makes to the Premises.
Tenant(s) shall permit the Landlord, or his/her agents, or any representative of any holder of a mortgage on the Premises, or when authorized by the Landlord, the employees of any contractor, utility company, municipal agency or others, to enter the Premises for the purpose of making reasonable inspections and repairs and replacements.
Tenant(s) shall conduct him/herself and require other persons on the Premises with Tenant(s)’ consent to conduct themselves in a manner that will not disturb other residents or the neighbors’ peaceful enjoyment of their residences.
Tenant(s) shall, upon termination of this Lease, thoroughly clean the Premises and restore it to its original condition of repair, safety and appearance, except for ordinary wear and tear. “Ordinary wear and tear” shall not include wear and tear that makes it necessary to paint the walls or woodwork of the Premises due to neglect, damage or lack of cleanliness; to clean or repair the carpeting in the Premises due to neglect, damage or lack of cleanliness; or to repair any holes in the ceilings, walls or floors of the Premises at any time. Tenant(s) agrees to pay to Landlord, on demand, Landlord’s costs for removal of Tenant(s)’ personal belongings and repair of any damages to the Premises resulting from other than ordinary wear and tear.
TEMPORARY RELOCATION. If repairs or renovations to the Premises or its surrounding common areas require the temporary relocation of Tenant(s), Tenant(s) shall continue to pay the Rent, maintain utilities and phone service at the Premises, and be responsible for USPS mail forwarding or retrieval. Landlord shall be responsible for the cost of any required temporary housing over and above Tenant(s)’ Rent.
DEFAULT BY TENANT(S). Tenant(s) shall be in default under the Lease for any of the following:
Violation of any term and/or condition of this Lease;
Drug related criminal activity engaged in on or near the Premises, by any Tenant(s), household member, or guest, and any such activity engaged in on the Premises by any other person under the Tenant(s)’ control;
Determination made by the Landlord that Tenant(s) are illegally using a drug;
Criminal or harmful activity by Tenant(s), any member of the Tenant(s)’ household, a guest or another person under the Tenant(s)’ control:
That threatens the health, safety or right to peaceful enjoyment of any common area surrounding the Premises by other residents;

(ii) That threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the Premises; or

(iii) That threatens the health or safety of persons on the Premises.

Determination made by the Landlord that Tenant(s)’, any member of Tenant(s)’ household, a guest or any other person under Tenant(s)’ control exhibits the abuse, or a pattern of abuse, of alcohol, or threatens the health, safety or right to peaceful enjoyment of their residences by persons residing nearby the Premises; or
If the Landlord determines that the Tenant(s), a guest or another person under the Tenant(s)’ control has engaged in criminal activity, regardless of whether the Tenant(s), a guest or another person under the Tenant(s)(s)’ control has been arrested or convicted for such activity.
TERMINATION OF LEASE. If Tenant(s) fails to pay Rent, or any other sum due to Landlord, materially defaults in any other provision of this Lease, abandons the Premises (as defined in this Lease), or fails to qualify for continued services provided by FCBDD, Landlord, in addition to all other remedies provided by law, may void and terminate this Lease, reenter into possession of the Premises, sue for and recover all rent earned up to the date of such entry; or Landlord may, without terminating this Lease, terminate the Tenant(s)’ right of possession, reenter and resume possession of the Premises, and relet the same for the remainder of the term, at the best rent it can obtain, for the account of the Tenant(s), who shall make good any deficiency. A “material default” shall include: a) one or more substantial violations of the Lease to include any action listed in Section 16 Default By Tenant(s); or b) three or more minor violations of the Lease.
INSURANCE. Landlord shall, at its expense, obtain and maintain general liability insurance against claims for injuries to persons or damage to property occurring in, upon, or about the Premises during the term of this Lease. Landlord shall also obtain and maintain at Landlord’s own expense during the term of this Lease, fire and extended coverage insurance on the building in which the Premises are located. Tenant(s) are encouraged, but are not required, to procure and maintain at Tenant(s)’ own expense during the term of this Lease insurance on all personal property of Tenant(s) maintained or kept by Tenant(s) on the Premises.

Tenant(s) acknowledges that Landlord maintains no rental insurance with respect to the Premises and Landlord recommends that Tenant(s) secure rental insurance to cover all personal property located thereon.

LANDLORD’S LIABILITY. Tenant(s) acknowledges that any security measures provided by Landlord shall not be treated by Tenant(s) as a guarantee against crime or a reduction in the risk of crime. Landlord shall not be liable to Tenant(s), Tenant(s)’ family, guests or occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. Tenant(s) agrees that Landlord shall not be liable for property damage or personal injury to Tenant(s), Tenant(s)’ family, guests or occupants occurring on the Premises or elsewhere on Landlord’s property, regardless of cause, unless such damage or injury results solely and directly from Landlord’s gross negligence or willful acts.
DESTRUCTION/DAMAGE TO THE PREMISES. If the Premises is damaged by fire or other casualty, Landlord shall repair such damage within a reasonable time and Tenant(s) shall continue to pay Rent and required utilities. In the event the Premises sustains damage that requires Tenant(s) to be relocated, at Landlord’s discretion, either temporarily or for the remainder of the Term, Section 15 of the Lease shall apply. In the event Landlord is unable to provide temporary accommodations and Tenant(s) are unable to remain at the Premises, because it is un-tenable, this Lease shall terminate.
LANDLORD’S RIGHT OF ENTRY. Landlord, or any person authorized by Landlord, with prior notice of not less than twenty-four (24) hours, shall have the right to enter the Premises at reasonable times to inspect, make ordinary and necessary repairs, decorations, or alterations, deliver parcels, and, after notice of termination is given, to show the Premises to prospective Tenants. On occasion, inspections may occur without prior notice. Landlord or Landlord’s agent may enter the Premises in the event of an emergency without any prior notice. Service requests shall be considered as consent to enter the Premise without prior notice for the purpose of fulfilling such service requests.

Tenant(s) shall not unreasonably withhold consent for the Landlord to enter into the Premises in order to inspect the Premises, make ordinary, necessary or agreed repairs, decorations, alteration, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to mortgagees, tenants, workmen or contractors.

ABANDONMENT: If Tenant(s) abandons the Premises during the Term, Landlord may at its option enter the Premises without liability to Tenant(s) and may, at Landlord’s option, terminate the Lease. If Tenant(s) anticipates an extended absence of more than 7 consecutive days, Tenant(s) are required to notify Landlord of such absence. Abandonment is defined as absence of the Tenant(s) from the Premises, for at least 20 consecutive days without notice to Landlord. If Tenant(s) abandons the Premises while Rent is outstanding for more than 10 consecutive days without notice to Landlord, Landlord may at Landlord’s option terminate this Lease and regain possession in the manner prescribed by law.

Landlord may, at Landlord’s discretion, re-let the Premises for the whole or any remaining part of the unexpired term and may hold Tenant(s) liable for any difference between the rent that would have been payable under this Lease Agreement during the balance of the unexpired term.

Landlord’s shall have right of reentry. Landlord will dispose of all abandoned personal property on the Premises pursuant to the Abandoned Property Consent attached to the Lease.

SUBORDINATION. This Lease, and any extension of it, is subject and subordinated to the lien of all mortgages now or later placed upon any part of Landlord’s property which may include the Premises, and to all advances now or later made pursuant to any such mortgage or evidence of indebtedness under it. Tenant(s) agrees, upon request by Landlord, to sign any instruments evidencing such subordination as Landlord may request, and if Tenant(s) fails to do so, Tenant(s) hereby appoints Landlord as Tenant(s)’ attorney-in-fact for purposes of signing any such documentation.
LIMITATION OF LANDLORD’S LIABILITY. The term “Landlord” as used in this Lease so far as the covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the Landlord who currently owns the fee simple title to the Premises. In the event of any transfer of the title to such fee, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then Grantor) shall be relieved from and after the date of such transfers and conveyances of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease. Without further agreement, the transferee of such title shall be deemed to have assumed and agreed to observe and perform any and all obligations in this Lease.
MULTIPLE UNITS. In the event that this Lease pertains to a unit in a multiple unit building, then this Lease confers no rights upon Tenant(s) to use, for any purpose, any other property of Landlord other than the interior of the Premises that is the subject of this Lease, except the walks and roadways giving access to the Premises and such other common areas, if any, as Landlord may from time to time designate for the use of residents. When the use by Tenant(s) of any other portion of Landlord’s property is permitted, it shall be subject to the rules and regulations established by Landlord.
SUPPORTS. Landlord acknowledges that Tenant(s) has non-family persons who are authorized representatives of FCBDD and/or who provide FCBDD qualified supportservices to the Tenant(s) (“Supports”). For the purposed of this Lease, Supports will be considered a guest of the Tenant(s) and is subject to the requirements of the Lease as outlined in the various sections about.
ACCESS TO PREMISES BY SUPPORTS. It is understood by Tenant(s) that keys to the Premises may be requested by Tenant(s) Supports. Landlord agrees to provide a key or other form of access to Tenant(s)’ Supports, as authorized by Tenant(s). Tenant(s) releases Landlord from any responsibility or liability for the activities of Supports while on Landlord’s property or the Premises.
AFFORDABILITY REQUIREMENTS. In an effort to provide the Premises at an affordable rent, Landlord has accepted subsidies for the units. Therefore, there are program-related requirements the Tenant(s) agrees to fulfill. These include, but are not limited to, items such as periodic income and asset reporting, inspections to ensure safety and sanitation of the unit, and another program related requirement. Tenant(s) agrees to comply with all program requirements.
GENERAL.
Entire Agreement. This Lease contains the entire agreement of the parties and no representations, inducement, promises or agreements, oral or otherwise, between the parties not contained in this Lease shall be of any force or effect.
Waiver. No failure of Landlord to exercise any power or right given to Landlord under this Lease, or to insist upon strict compliance by Tenant(s) of any obligation of this Lease, and no custom or practice of the parties that differs from the terms of this Lease, shall constitute a waiver of Landlord’s right to demand exact compliance with the terms of this Lease.

Amendment. This Lease can only be amended or modified during the initial Term by an agreement in writing, signed by all parties. The Landlord may modify the terms and conditions of the Lease, effective at the end of the initial Term or a successive term, by serving an appropriate notice on the Tenant(s), together with the tender of a revised Lease or an addendum revising the existing Lease. This notice and tender shall be served on the Tenant(s) at least 30 days prior to the last date on which the Tenant(s) has the right to terminate the tenancy without being bound by the codified terms and conditions.

Binding Upon Successors. The covenants, conditions and agreements made and entered into the by parties to this Lease shall be binding upon and inure to the benefit of their respective heirs, representatives, successors and permitted assigns.
Counterparts. This Lease may be executed simultaneously in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
NO FIREARMS. The Tenant(s), including any of Tenant(s)’ guests or invitees, may not possess any firearm on the Premises. The discharge of any firearms, including but not limited to handguns, rifles, shotguns and other weapons such as BB guns, pellet guns, slingshots, arrows and paint guns is prohibited on the Premises. Possession of illegal weapons by a Tenant(s) or visitor is prohibited and constitutes a breach of the lease what will result in termination.

QUIET ENJOYMENT. In return for the Tenant(s)’ continued fulfillment of the terms and conditions of the Lease, the Landlord covenants that the Tenant(s) may at all times, while this Lease remains in effect, have and enjoy for his/her sole use and benefit the Premises.
EMINENT DOMAIN. In the event of a taking under the right of eminent domain of all the Premises, or of a portion of the Premises which, in Landlord’s reasonable opinion, leave the remain portion of the Premises not reasonably usable for Tenant(s)’ entire purposes hereunder, then this Lease and Tenant(s)’ obligations to pay rent hereunder shall terminate when Tenant(s)’ right to possession is terminated. Tenant(s) has no claim to any awards for or taking by eminent domain.

[SIGNATURE PAGES FOLLOW]

Attachments to the Lease: The Tenant(s) certifies that he/she has received a copy of this Lease and the following attachments to the Lease (as indicated below) and understands that these attachments are made a part of the Lease and incorporated by reference herein. [Initial next to each attachment received]

Guardianship Addendum, complete if applicable

Smoke Free Policy

Fire Safety Policy

Pest Policy, including:

Bed Bug Readiness Checklist

Bed Bug Treatment Procedures

Housing Quality Standards & House Rules

Move-in Guidelines and Acknowledgement

Supports (Provider) Change Policy

Move-Out Requirements

Pet Addendum

Service and Assistive Animal Addendum

Third Party Work Policy

CHI Home Access (Keys/Lockbox) Terms & Authorization

Technology Policy

Outdoor Recreational Equipment Policy

Abandoned Property Consent

Release of Information, required

Protect You Family From Lead in Your Home brochure

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

IN WITNESS WHEREOF, Landlord and Tenant(s) have signed duplicate counterparts of this Lease Agreement as of the date first stated above.

LANDLORD

Creative Housing, Inc., an Ohio non-profit corporation

By:

Its:

TENANT(S)

PRINTED NAME