THIS AGREEMENT, dated SignatureDate, is by and between Gemini Properties, "Owner," andTenant 1, Tenant 2, "Tenants," for rental of the dwelling located at (858,864) Newport Ave., Chicago, IL Apt #1st -3rd Floor under the following terms and conditions:
Fixed-Term Agreement(Lease)-Tenants agree to lease this dwelling for a fixed term of 12 Months, beginning 1-Jun-200x and ending 31-May-200x. Upon expiration, this Agreement shall become a month-to-month agreement AUTOMATICALLY, UNLESS either Tenants or Owners notify the other party in writing at least thirty days prior to expiration that they do not wish this Agreement to continue on any basis.
RENT-Tenants agree to rent this dwelling for the sum of $ 1,700.00 per month payable in advance. The first month’s rent is $1,700.00.
FORM OF PAYMENT -Tenants agree to pay rent each month in the form of one personal check, OR one cashier’s check, OR one money order made out to Gemini Properties.
RENT PAYMENT PROCEDURE -Tenants agree to pay their rent [ cross out the alternatives which do not apply and initial the beginning of this paragraph] (by mail addressed to the Owners at the following address: 1028 Main St., Antioch, IL 60002) (in person at the Owners’ office) (in person when collected at Tenants’ dwelling by Owners or their Manager whose name appears elsewhere in this Rental Agreement) (in the following way: in collection box at property ) or in such other way as the Owners will advise the Tenants in writing.
RETURNED CHECKS -If, for any reason, a check used by Tenants to pay Owners is returned without having been paid, Tenants will pay a charge of $25.00 as additional rent AND take whatever other consequences there might be in making a late payment. After the second time that a Tenants’ check is returned, Tenants must thereafter secure a cashier’s check or money order for payment of rent.
PARTIAL PAYMENTS -Tenants shall make all rental payments in full. Payment or receipt of a rental payment of less than the amount stated in this lease shall be deemed to be nothing more than a partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment constitute accord and satisfaction. Nor will Owner’s acceptance of a partial payment forfeit Owner’s right to collect the balance due on the account, or to pursue any other remedy available under this Lease, despite any conditional endorsement, stipulation, or other statement on any check. Nor shall any conditional endorsement, stipulation, or other statement on any check constitute a modification or alteration of this Lease.
RENT DUE DATE; RENT LATE DATE -The due date for the rent owing under this Agreement is the 1st day of every calendar month. All payments made after 5:00 PM will be credited the NEXT day. The late date is three days later. In other words, Tenants may pay their rent on or before the due date, or they may pay it on any of the TWO DAYS following the due date without being late. The very next day is the rent late date. This is the first day when Owners will consider the rent late. Owners expect to have RECEIVED the rent before this date. If Tenants’ rent is due on the first, it must be paid on or before the third to be "on time."
LATE FEES -Owners expect Tenants to pay the rent in full promptly. If rent is not paid in full before the rent late date, Tenants agree to pay a late fee of $25.00 . Since determining Owners’ actual damages caused by Tenants’ late payment would be difficult or impractical, both parties agree to regard the Owners’ damages as equal to the amount given here. Money paid by Tenant to Owner shall be applied to Tenant’s account in the following order: first, to outstanding Late Fees and Returned-Check Fees; second, to outstanding legal fees and/or court costs legally chargeable to Tenant; third, to outstanding utility bills; and, fourth, to rent. Owner reserves the right to refuse payment of late rent, Late Fees, and Returned-Check Fees, after Owner serves Tenant with a demand for rent or possession as provided for in Illinois statutes.
DISCOUNTS/REBATES -In order to encourage Tenants to pay their rent promptly, Owners will give Tenants a (discount) of $50.00 when the rent is paid BEFORE 5:00PM of the day before the DUE date mentioned above.
DEPOSITS -Tenants agree to deposit with the Owners the sum of $2,550.00 (1.5 times gross rent) , payable before they occupy the premises. Owners may withhold from these deposits only what is reasonably necessary to cover the following tenant defaults: 1) damages to the dwelling; 2) certain cleaning costs following Tenants’ departure; and 3) unpaid rent and various other accrued and unpaid charges. No part of these deposits may be applied to the tenants’ last month’s rent.
REFUND OF TENANTS’ DEPOSITS -Within 15 days after Tenants have moved out completely, Owners shall provide a written accounting of the disposition of the Tenants deposits and shall at the same time return all deposits remaining.
APPLICATION -The Tenant’s application and all the representations contained therein are incorporated as a part of this Lease. Tenant warrants that all the information contained in the application is true, and that if any of said information is false, Owner may terminate this Lease.
UTILITIES/SERVICES -Tenants agree to pay all utilities and services with the exception of the following which Owners agree to pay: Heat, Natural Gas & Water(Water only for 858 Newport)
OCCUPANTS -The number of occupants is limited to 2. Only the following persons may live in this dwelling:
Tenant1, Tenant2
No one else may live there, even temporarily, without Owners’ prior written permission.
GUESTS -Tenants may house any single guest for a maximum period of fourteen days every six months or for whatever other period of time the law allows, provided that they maintain a separate residence. Nurses or maids required to care for Tenants during an illness are excepted from this provision.
SUBLETTING AND ASSIGNMENT -Tenants shall not sublet the entire premises or any part of the premises, nor shall they assign this Agreement to anyone else without first obtaining the Owners’ written permission. Owners shall not withhold permission unreasonably.
RIGHT TO RELET -If Tenant shall remove a substantial portion of tenant’s personal property or otherwise abandon or vacate the premises, the Owner may immediately re-let the premises as provided by Ordinance; or if the premises become vacant by reason of Tenant’s breach, or if this Lease has been terminated by reason of Tenant’s breach, or if Tenant has been evicted, Owner may re-let the premises, and Tenant shall be liable and pay for the expenses of reletting and losses to the end of the term or as provided by Ordinance. Tenant’s obligations to pay rent during the term or any extension thereof shall continue and shall not be waived, released or terminated by the service of a five-day notice, demand for possession, notice of termination of tenancy, the filing of a forcible entry and detainer action, or judgement for possession, or any other act resulting in the termination of Tenant’s right of possession.
PETS -Tenants may house no pet of any kind on the premises, even temporarily, without first obtaining Owners’ written permission. "Pets" includes, but is not limited to, both warm- and cold-blooded animals, such as dogs, cats, fish, hamsters, rats, birds, snakes, lizards, and insects. "Pets" does not include animals trained to serve the handicapped, such as seeing-eye dogs, hearing dogs, or service dogs. These animals may be housed on the premises so long as they are in the direct service of those they were trained to serve and so long as Owners are notified in advance in writing of the circumstances.
LIQUID-FILLED FURNITURE- Tenants agree not to keep any liquid-filled furniture in this dwelling without first obtaining Owners’ written permission.
TENANT INSPECTION-Tenants have inspected the dwelling and its contents and agree that they are in satisfactory order, as are the electrical, plumbing, and heating systems.
NOTIFICATION OF SERIOUS BUILDING PROBLEMS-Tenants agree to notify the owners immediately upon first discovering any signs of serious building problems such as a crack in the foundation, a tilting porch, a crack in the plaster or stucco, moisture in the ceiling, buckling sheetrock or siding, a leaky roof, a spongy floor, a leaky water heater, or termite activity.
REASONABLE TIME FOR REPAIRS-Upon being notified by Tenants that there is some building defect which is hazardous to life, health, or safety, Owners shall undertake repairs as soon a possible. Should there be a delay of more than seventy-two (72) hours in making the repairs, due to a difficulty in scheduling the work or obtaining parts or for any other reason beyond the Owners’ control, Owners agree to keep Tenants informed about the progress of the work.
WINDOWS-Except for those windows which are noted in writing as being cracked or broken when Tenants move in, Tenants agree to be responsible for any windows which become cracked or broken in their dwelling while they live there. Tenants may repair the windows themselves if they can do the work in a professional manner. Otherwise, they may hire a glazier or submit a maintenance request to Owners. If they submit a maintenance request, Owners will charge them no more for the work than the least expensive written bid for the work which Tenants can obtain.
DRAIN STOPPAGES-As of the date of this Agreement, Owners warrant that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were designed. They will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, balls of hair, grease, oil, table scraps, clothing, rags, sand, dirt, rocks, or newspapers. Tenants agree to pay for clearing the drains of any and all stoppages except those which the plumber who is called to clear the stoppage will attest in writing were caused by defective plumbing, tree roots, or acts of God.
TRASH-Tenants agree to dispose of their ordinary household trash by placing it into a receptacle for periodic collection. They agree to dispose of their extraordinary household trash, such as Christmas trees, damaged furniture, broken appliances, and the like, by compacting it so that it will fit inside their trash receptacle or by hauling it to the dump themselves or by paying someone else to haul it away.
OUTSIDE PLACEMENT-Owners reserve the right to place dumpsters, trash receptacles, portable storage units, and the like wherever convenient on the premises. Owners further reserve the right to construct property improvements above or below the ground anywhere on the premises so long as they conform to all building codes.
DAMAGE-Tenants agree to pay for repairs of all damage which they or their guests have caused.
LOCKS-Tenants agree that they will not change the locks on any door or mailbox without first obtaining Owners’ written permission. Having obtained permission, they agree to pay for changing the locks themselves and to provide the Owners with one duplicate key per lock.
LOCKOUTS-Should Tenants lock themselves out of their dwelling and be unable to gain access through their own resources, they may call upon a professional locksmith or the manager to let them in. In either case, they are responsible for payment of the charges and/or damages involved. Management charges a fee of $5 for providing this service between the hours of 8 A.M. and 6 P.M., Monday through Saturday, excepting holidays, and a fee of $20 at other times. This fee is due and payable when the service is provided.
ALTERATIONS, DECORATIONS, AND REPAIRS-Except as provided by law, Tenants agree not to alter or decorate their dwelling without first obtaining Owners’ written permission. Decorations include painting and wallpapering. Further, Tenants agree not to repair their dwelling or anything belonging to the Owners without first obtaining Owners’ written permission unless such repairs cost less than one hundred dollars ($100), and Tenants agree to pay for them. Tenants shall hold Owners harmless for any mechanics liens or proceedings which Tenants cause. When approved by Owners, Tenants’ plans for alterations and decorations shall bear a determination regarding ownership. If Tenants are able to convince Owners that Tenants can remove the alterations or decorations and restore that part of their dwelling to its original condition, then Owners may grant Tenants the right to remove them. Otherwise, any alterations or decorations made by Tenants become the property of Owners when Tenants vacate.
PAINTING-Owners reserve the right to determine when the dwelling will be painted unless there is any law to the contrary.
ACCESS-Owners recognize that Tenants have a right to privacy and wish to observe that right scrupulously. At certain times, however, Owners, their employees, or agents may have to gain access to the Tenants’ dwelling for purposes of showing it to prospective Tenants, purchasers, lenders, or others or for repairs, inspections, or maintenance. When seeking access under ordinary circumstances, Owners will schedule entry between the hours of 8 A.M. and 8 P.M., Monday through Saturday, excepting holidays, and Owners will provide Tenants reasonable notice of twenty-four hours, or less than twenty-four hours notice with Tenants’ concurrence. In emergencies, there will be no notice.
PEACE AND QUIET-Tenants are entitled to the quiet enjoyment of their own dwelling, and their neighbors are entitled to the same. Tenants agree that they will refrain from making loud noises and disturbances, that they will keep down the volume of their music and broadcast programs at all times so as not to disturb other people’s peace and quiet, and that they will not install wind chimes.
TELEPHONE-If and when Tenants install a telephone in their dwelling, they will furnish Owners with the number within five calendar days. When divulging the number, Tenants shall advise Owners whether the number is listed or unlisted. If it is unlisted, Owners agree to take reasonable precautions to keep it from falling into the hands of third parties.
PROLONGED ABSENCES-Tenants agree that they will notify Owners whenever they plan to be absent from their dwelling for more than ten days.
BUSINESS USE-Tenants agree to use this dwelling as their personal residence. They agree to conduct no business on the premises without first obtaining Owners’ written permission.
LAWFUL USE-Tenants agree that they will not themselves engage in any illegal activities on the premises nor will they allow others to engage in any illegal activities on the premises insofar as they have the power to stop such activities.
INSURANCE-Owners have obtained insurance to cover fire damage to the building itself and liability insurance to cover certain personal injuries occurring as a result of property defects or owner negligence. Owners’ insurance does not cover Tenants’ possessions or Tenants’ negligence. Tenants shall obtain a Tenants’ insurance policy to cover damage to or loss of their own possessions, as well as losses resulting from their negligence. Tenants agree to show Owners evidence of such a policy within one month from the date of this Agreement.
INSURANCE CONSIDERATIONS-Tenants agree that they will do nothing to the premises nor keep anything on the premises which will result in an increase in the Owners’ insurance policy or an endangering of the premises. Neither will they allow anyone else to do so.
FIRE OR CASUALTY DAMAGE-During any time when the dwelling cannot be used because of fire or casualty damage, Tenants are not responsible for payment of rent. Should a portion of the dwelling become unusable due to fire or casualty damage, Tenants are not responsible for payment of rent on that portion. In either case, Owners reserve the right to decide whether the dwelling is usable and what portions are usable. Owners are not responsible for repairing or replacing any improvements made by Tenants if those improvements are damaged. Should the fire or casualty damage have been caused by Tenants’ own action or neglect, they shall have not be relieved of the responsibility for payment of rent, and they shall also bear the full responsibility for repair of the damage.
RULES AND REGULATIONS-Owners’ existing rules and regulations, if any, shall be signed by Tenants, attached to this Agreement, and incorporated into it. Owners may adopt other rules and regulations at a later time provided that they have a legitimate purpose, not modify Tenants’ rights substantially, and not become effective without notice of at least two (2) weeks.
SERVICE OF PROCESS-Every Tenant who signs this Agreement agrees to be the agent of the other Tenants and occupants of this dwelling and is both authorized and required to accept, on behalf of the other Tenants and occupants, service of summons and other notices relative to the tenancy.
IDENTITY OF MANAGER-The person who is responsible for managing this dwelling and is authorized to accept legal service on Owners’ behalf is Gemini Properties: Terry Childers & Pete Thelen, whose address is 864 Newport Ave, Chicago, IL
CHANGES IN TERMS OF TENANCY-[This paragraph applies only when this Agreement is or has become a month-to-month agreement.] Owners shall advise Tenants of any changes in terms of tenancy with advance notice of a least 30 days. Changes may include notices of termination, rent adjustments, or other reasonable changes in the terms of this Agreement.
NOTICE OF INTENTION TO VACATE-[This paragraph applies only when this Agreement is or has become a month-to-month agreement.] When Tenants have decided to vacate the premises, they will give Owners written notice of their intentions at least 30 days prior to their departure, and they will give an exact date when they expect to be moved out completely.
HOLDING OVER-If Tenants remain on the premises following the date of their termination of tenancy, they are "holding over" and become liable for "rental damages" equaling one/thirtieth of the amount of their then current monthly rent for every day they hold over.
POSSESSION-Owners shall endeavor to deliver possession to Tenants by the commencement date of this Agreement. Should Owners be unable to do so, they shall not be held liable for any damages Tenants suffer as a consequence, nor shall this Agreement be considered void unless Owners are unable to deliver possession within ten (10) days following the commencement date. Tenants’ responsibility to pay rent shall begin when they receive possession.
SURRENDER OF PREMISES AND RETURN OF POSSESSION-Tenant shall not be required to renew this Agreement more than ninety days prior to its expiration as provided by Ordinance, and Owner shall notify Tenant of Owner's intention not to renew the Lease at least thirty days prior to its expiration so long as Tenant is not in default under the terms of this Lease, as provided by Ordinance. At the termination of this Lease, by lapse of time or otherwise, Tenant shall yield up and surrender immediate possession to Owner, and deliver all keys to Owner or his agent. If Tenant fails to vacate the premises upon termination, Tenant shall pay a sum equal to double the amount of rent herein set forth as liquidated damages for the time that possession is withheld; and
- A) Owner may, by giving Tenant written notice thereof, extend the term of this Agreement upon all the terms and conditions herein for one year, but with a rental of 20% greater than the rental contained herein;
- B) If Owner fails to provide written notice to Tenant of Owner's election under A), Tenant shall become a month-to-month tenant, upon all the terms and conditions contained herein. Tenant shall also compensate Owner for any and all damages incurred by Owner by virtue of Tenant's failure to vacate the said premises in accordance with the terms of this lease. The payment or acceptance of rent after expiration of the Agreement, shall not extend this Agreement.
SALE OF THE DWELLING -If Owners sell this dwelling or otherwise transfer its Ownership to another party, they shall have the right to terminate this Agreement by giving Tenants written notice of at least sixty days, notwithstanding any conflicting occupancy rights Tenants might have under a fixed-term agreement. Should Tenants have conflicting occupancy rights guaranteed them by law, however, those legal rights shall prevail.
ILLEGAL PROVISIONS NOT AFFECTING LEGAL PROVISIONS-Whatever item in this Agreement is found to be contrary to any local, state, or federal law shall be considered null and void, just as if it had never appeared in the Agreement, and it shall not affect the validity of any other item in the Agreement.
NON-WAIVER-Should either Owners or Tenants waive their rights to enforce any breach of this Agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although Owners may know when accepting rent that Tenants are violating one or more of this Agreement’s conditions, Owners in accepting the rent are in no way waiving their rights to enforce the breach. Neither Owners nor Tenants shall have waived their rights to enforce any breach unless they agree to a waiver in writing.
REFERENCES IN WORDING-Plural references made to the parties involved in this Agreement my also be singular, and singular references may be plural. These references also apply to Owners’ and Tenants’ heirs, executors, administrators, or successors, as the case may be.
ENTIRE AGREEMENT-As written, this Agreement constitutes the entire agreement between the Tenants and Owners. They have made no further promises of any kind to one another, nor have they reached any other understandings, either verbal or written.
CONSEQUENCES-Violation of any part of this Agreement or nonpayment of rent when due shall be cause for eviction under appropriate sections of the applicable code.
ATTORNEY’S FEES-If either party to this Agreement shall bring a cause or action against the other party for enforcement of the Agreement, the prevailing party shall not recover reasonable attorney’s fees involved.
ACKNOWLEDGEMENT-Tenants hereby acknowledge that they have read this Agreement, understand it, agree to it, and have been given a copy. Tenants also acknowledge that they have received a copy of the "Chicago’s Residential Landlord and Tenant Ordinance Summary" and a copy of the "Residential Landlord and Tenant Ordinance Security Deposits" attached.
1. Tenant shall not install or operate any machinery, refrigeration or heating devices or use or permit onto the premises any inflammable fluids or materials which may be hazardous to life or property.
2. Hallways, stairways and elevators shall not be obstructed or used for any purpose other than ingress and egress from the Building, nor shall children be permitted to play in the common areas, nor shall Tenant place or store any items in the hallways or common areas of the Building.
3. Operation of electrical devices which interfere with radio or television reception is not permitted.
4. All moving and delivery shall be through the rear entrance, stairway or service elevator at hours designed by Owner.
5. Tenant shall maintain the smoke detectors (testing them monthly), and replace the batteries when necessary.
6. Tenant shall not install or maintain a washer, dryer or dishwasher on the premises without Owner's prior written consent. Tenant shall not run water for an unreasonable length of time.
7. Tenant shall only cook in the kitchen and shall not leave hot coals/barbecue unattended on porches or balconies.
8. Washrooms shall not be used for any purpose other than that for which they are designed, and no rubbish, rags, or items that can cause injuries shall be placed in plumbing facilities or receptacles.
9. Tenant shall not place nor permit any article or antenna outside of the windows, on the exterior walls, or on the roof of the Building, and shall not throw or drop any article from any window.
10. Tenant shall not place, erect or install any signs or advertisements on the windows, nor on any part of the Building or premises.
11. All garbage or refuse shall be securely wrapped and placed in the garbage container.
12. Tenant shall not interfere in any manner with the heating or lighting or other fixtures in the building nor run extension cords or electrical appliances in violation of the Building Code.
13. Tenant shall not solicit, canvass nor conduct any door-to-door activities on the premises.
14. Tenant shall not bring/use kegs (of any size) on the premises.
15. Tenant or guest shall not smoke inside the building. This is a smoke-free apartment.
ACKNOWLEDGEMENT-Tenants hereby acknowledge that they have read this Agreement, understand it, agree to it, and have been given a copy.
