LEASE AGREEMENT
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All Tenants are jointly and severally liable.
The Landlord and Tenant agree to lease the below described premises at the rent and for the term
stated. The terms and conditions annexed are part of this contract.

Landlord: Wilber & Clark Enterprises, Inc.
Address: P.O. Box 846
Oneonta NY 13820
Phone: (607)432-1431
Premises: _________________at_________________________________________
(Apartment # Street name, Oneonta, NY, 13820)
Tenant(s): _________________________________________________________________
Term: _______________ Date: ____________________________________
Beginning: _______________
Ending: _______________
Monthly Rent*: $_________________
Security and
Pre-Paid Garbage Removal
(Pre-paid Laundry Fee where
applicable): $_________________
Pet Deposit: $_________________
Signatures: Landlord and Tenant(s) have signed this lease as of the date indicated above. Each
party acknowledges they have read this contract and understand and agree to each of its terms,
including those annexed.
____________________________________
Landlord
____________________________________
Tenant
____________________________________
Tenant
____________________________________
Tenant
____________________________________
Tenant

1. USE: The apartment must be used only as a private apartment to live in and for no other reason. Only a party
signing this lease may use the apartment

2. RENT; ADDED RENT: The semester rent must be paid in full prior to the Tenant(s) occupation of the
premises. The semester rent is six times the monthly rent. Full semester rent is due June 1 for the following fall
semester; spring semester rent is due January 1 for the following spring semester. The Landlord may, at his
discretion, allow Tenant(s) to pay rent on a monthly basis as a convenience to Tenant(s). The Landlord may
withdraw his permission for monthly payments without cause. His acceptance of monthly payments does not
constitute a waiver of his right to collect the entire semester rent. Payment of rent in installments is for Tenant’s
convenience only. The Tenant(s) agree that they may not rely on Landlord’s acceptance of monthly rent. The
Landlord may cause the Tenant(s) to pay the entire semester rent, or any portion thereof, upon three (3) days notice
at any time during the lease term.
If Landlord accepts monthly rent, the rent payment for each month must be paid on the first day of that
month at the Landlord’s address.

3. SECURITY: The security deposit is to be paid when Tenant signs this lease. If Tenant fully complies
with all the terms of the lease, Landlord will return the security after the term ends, subtracting the prepaid garbage
collection fee and pre-paid laundry fee where applicable.
If Tenant does not full comply with the terms of this lease, Landlord may use the security to pay amounts
owed by Tenant, including damages. Damage to the apartment, fixtures, equipment or appliances supplied by
Landlord caused by Tenant’s act or neglect, may be repaired by Landlord at Tenant’s expense. Tenant, together
with his or her apartment-mates, are completely responsible for the apartment and will be equally charged for all
cleaning and repair costs beyond normal wear and tear to the apartment, furniture, equipment and appliances, unless
a resident(s) claims responsibility for the damages. In the event that a specific responsible individual cannot be
ascertained, all costs for repair will be equally divided amongst all residents of that apartment. The Tenant agrees
to pay the costs on demand by the management. Charges will be based on rates established by the management.
Liability for damage and cleaning will not be limited to the amount of the security deposit. All repairs are to be
completed by management staff and/or its agents. All Tenants are responsible for damages caused by their guests.
During the lease term, Tenant is responsible for all damage done to the apartment.
If Landlord sells or leases the building, Landlord may give the security to the buyer or lessee. Tenant
will look only to the buyer or the lessee for the return of the security. Tenant understands the security deposit, less
the garbage collection fee and laundry fee, will be returned at the end of the lease term, if the terms of this lease
have been fulfilled and the apartment has been left clean and in good condition, and no damage has been done to the
apartment, appliances, etc.
Tenant also understands that in the event that damage occurs to common areas including, but not limited
to, hallways, stair towers, laundry rooms, etc. and a specific responsible party cannot be identified, it will be the
financial responsibility of all the building/complex occupants for the costs incurred to repair said damage.

4. SERVICES: Landlord will provide the following services:______________________
______________________________________________________________________________
Garbage removal will be charged at $15.00 per month per bedroom. Laundry service for houses or apartments
containing non-coin-operated laundry facilities will be charged at $10.00 per month per person. Stopping or
reducing of service(s) will not be reason for tenant to stop paying rent, to make a money claim or to claim eviction.
Tenant must pay all applicable utility services used in the apartment and arrange for them with the public utility
company. Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems because
of labor trouble, government order, lack of fuel supply, or other causes not under the control of Landlord.
Landlord may also stop the above services to make necessary repairs. Landlord is excused from supplying that
service. Service shall resume when Landlord is able to supply it.

5. ALTERATIONS: LANDLORD IS NOT REQUIRED TO DO OR PAY FOR ANY WORK
UNSTATED IN THIS LEASE. Tenant must obtain Landlord’s written consent to install any paneling, flooring,
“built in” decorations, partitions, railing or make alterations or to paint or wallpaper the apartment. Tenant must
not change the locks, plumbing, ventilating, air conditioning, electric or heating systems. If written consent for
alterations is given the same shall remain with and as part of the apartment at the end of the term. Landlord has the
right to demand that Tenant remove the approved alterations or installations before the end of the term.

6. FAILURE TO GIVE POSSESSION: Landlord shall not be liable for Failure to give Tenant
possession of the apartment on the beginning date of the term. Landlord shall notify Tenant as to the date
possession is available. The ending date of the term will not change. Rent is due at the beginning of the lease term
regardless of whether or not possession is available.

7. ASSIGNMENT AND SUBLEASE, REPLACEMENT: Any student who finds themselves no
longer a college student for reasons including, but not limited to, expulsion, suspension or academic
dismissal shall be financially responsible for the full term of the lease unless a suitable replacement Tenant
can be found by the lessee. No Tenant shall be released from their obligations outlined in this lease unless
the apartment is fully occupied. At any time during the term of this lease an individual Tenant may seek a
replacement for him or herself. Said replacement must sign this lease, and is subject to the approval of Landlord.
In the case of Tenant(s) seeking a replacement, one replacement must be found for each individual seeking to vacate
the apartment. If a suitable replacement is not found, Tenant remains fully responsible for the entire term of this
lease. Landlord reserves the right to add a suitable replacement Tenant to the lease if the current Tenants cannot
find or provide one of their own. Management reserves the right to hold Tenant financially responsible for the cost
of rent and deposits of an unregistered or unsigned Tenant. Tenant may not assign this lease or sublet all or part of
the apartment or permit any other person to use the apartment without Landlord’s consent. If tenant does assign,
Landlord has a right to cancel the lease as stated in the “Default” section.

8. TENANT’S DEFAULTS AND LANDLORD’S REMEDIES, EVICTIONS:
The following remedies are additional remedies given to the Landlord and do not modify or change the
remedies the law currently gives the Landlord in the event of a default. Landlord may give twenty-four (24) hours
written notice to Tenant to correct any of the following: 1. Failure to pay rent or added rent on time; 2. Improper
assignment of the lease, improper subletting all or part of the apartment; 3. Improper conduct by Tenant or other
occupants of the apartment; 4. Failure to fully perform other term(s) in the lease. If Tenant fails to correct the
defaults listed above within twenty-four (24) hours, Landlord may cancel the lease by giving Tenant a written three
(3) day notice stating the date the term will end. On that date, the term and Tenant’s rights in this lease
automatically end and Tenant must leave the apartment and give Landlord the keys to same. Tenant continues to
be responsible for rent, expenses, damages, and losses. Such persons will remain financially responsible for the
complete term of the lease unless the lessee can find a suitable replacement Tenant. Failure to vacate the apartment
upon management’s request will result in the use of attorney’s for such action at the total cost of the Tenant. Tenant
assumes responsibility for all reasonable attorney’s fees and collection fees.
If the lease is ended or Landlord takes back the apartment, rent and added rent for the unexpired term
become due and payable. Landlord may re-rent for a lower rent and give allowances to the new Tenant. Any rent
received from the re-renting shall be applied to the reduction of money Tenant owes.

9. PARTIES: At no time shall the total number of people in the apartment exceed twenty (20). Beer
kegs and beer balls are not permitted on the property at any time, including in the apartment. No fraternity or
sorority parties, no pledging or hazing activities of any kind are allowed on the premises.

10. LIABILITY: Landlord is not liable for loss, expense, or damage to any person or property. Tenant
must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect
of Tenant, including attorney fees. Tenant is responsible for all acts of Tenant’s family, employees, guests or
invites. Tenant is responsible for insuring Tenant’s belongings.

11. FIRE, ACCIDENT, DEFECTS, DAMAGE: Tenant must give Landlord prompt notice of fire,
accident, damage or dangerous or defective condition. Landlord shall have the right to decide which part of the
apartment is usable. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decoration
unless originally installed by Landlord. Landlord is not responsible for delays due to settling insurance claims,
obtaining estimates, labor and supply problems or any other cause not fully under Landlord’s control. If fire or
other casualty is caused by an act or neglect of Tenant or guest of Tenant, then all repairs will be made at Tenant’s
expense and Tenant must pay the full rent with no adjustment. Landlord has the right to demolish or rebuild the
building if there is substantial damage by fire or other casualty. Landlord may cancel this lease within thirty (30)
days after the fire or casualty by giving Tenant notice of Landlord’s intention to demolish or rebuild. The lease
will end thirty (30) days after Landlord’s cancellation notice to Tenant. Tenant must deliver apartment to
Landlord on or before the cancellation date in the notice and pay all rent due as of that date. If the lease is canceled,
Landlord is not required to repair the apartment or building.

12. TENANT’S DUTY TO OBEY RULES AND REGULATIONS: Tenant will comply with any
reasonable rules adopted by the management, with notice, for the safety, care, and cleanliness of the apartment, as
well as the quiet, safety, comfort and convenience of the tenants. All rules and policies are subject to change.
The failure of management on one or more previous occasions to take any action against a resident for
violation of, or to insist upon the strict performance of, any of the terms of this Rental Agreement shall not prevent
a subsequent act of Tenant of a similar nature from being in violation of this agreement.

13. CONDEMNATION: If all of the apartment or building is taken or condemned by a legal authority,
the term, and Tenant’s rights shall end as of the date the authority takes title to the apartment or building. If any
part of the apartment or building is taken, the Landlord may cancel the lease on notice to tenant. The notice shall
set a cancellation date not less than thirty (30) days from the date of the notice. If the lease is canceled, Tenant
must deliver the apartment to Landlord on the cancellation date together with all the rent due to that date. The
entire award for any taking belongs to Landlord. Tenant gives Landlord any interest Tenant may have to any part
of the award. Tenant shall have no claim for the value of the remaining part of the term.

14. LANDLORD MAY ENTER, SIGNS: Landlord may, at reasonable times, enter the apartment to
examine, make repairs or alterations, and to show possible buyers, lenders, or Tenants. Management reserves the
right to inspect an apartment without notice necessary for maintenance, safety, security, and management of the
complex.

15. SUBORDINATION: This lease and Tenant’s rights are subject and subordinate to all present/future:
(a) leases for the building or the land on which it stands, (b) mortgages on the lease, the building or the land,
agreements security money paid or to be paid by a lender, and (c) conditions, renewals, changes of any kind and
extensions of the mortgages or leases or subject and subordinate. Tenant authorizes landlord to sign these
certificates for tenant.

16. WAIVER OF JURY, COUNTERCLAIM, SET OFF: Tenant and Landlord waive trial by a jury in
any matter which comes up between the parties under or because of this lease (except for personal injury or property
damage claim). In a proceeding to get possession of the apartment, Tenant shall not have the right to make a
counterclaim or set off.

17. NO WAIVER, ILLEGALITY: Landlord’s acceptance of rent or failure to enforce any term in this
lease is not a waiver of any of Landlord’s rights. If a term in this lease is illegal, the rest of this lease remains in
full force.

18. LANDLORD UNABLE TO PERFORM: If due to labor trouble, government order, lack of supply,
Tenant’s act or neglect, or other causes, Landlord is delayed or unable to (A) carry out any of the Landlord’s
promises or agreement, (B) supply any service to be supplied, (C) make any required repair or change in the
apartment or building, or (D) supply any equipment or appliances, this lease shall not be ended or Tenant’s
obligations waived.

19. END OF TERM: Any items or personal belongings left on the premises after the termination date of
the lease will be considered abandoned and will be disposed of. Landlord shall not be held responsible for any
items left in an apartment after the termination of the lease. Tenant will be held financially responsible for the
removal of such items from the apartment.

20. CONDITION “AS IS”: Tenant has inspected the apartment and building. Tenant states they are in
order and repair and takes the apartment “as is”.

21. LANDLORD’S CONSENT: If Tenant requires Landlord’s consent to any act and such consent is not
given, Tenant agrees not to make a money claim against Landlord or subtract any sum from the rent because
consent was not given.

22. LEASE BINDING IN: This lease is binding on Landlord and Tenant and those that lawfully succeed
to their rights or take their place.

23. LANDLORD: Landlord means the owner, or the lessee of the building or a lender in possession.
Any acts Landlord may do may be performed by Landlord’s agents or employees.

24. LATE FEE: Each monthly rent installment is due and payable on the first (1st) day of each month.
Any rent not paid by the tenth (10th) day of the month will be subject to a twenty-five dollar ($25.00) late fee.
Any rent not paid by the thirtieth (30th) day of the month will be subject to a fifty dollar ($50.00) late fee. Late
fees will continue to increment at a rate of twenty-five dollars ($25.00) added each fifteen (15) days. Late fees are
assessed at these amounts on a “Per person” basis.

25. HEAT: The temperature of the apartment must be maintained at a minimum temperature of fifty (50)
degrees or the Tenant will be made liable for any resulting damages such as ruptured pipes, etc. Where Landlord
provides the heat, windows and doors must remain closed during cold weather.

26. OUTSIDE AREAS: Bar-b-que grills are to be used no closer than twenty (20) feet from any building.
Bar-b-queing on balconies is against all local fire codes and is prohibited. Cooking grease is to be properly
disposed of. No one is permitted on any building roof.

27. PETS: Pets are allowed only with the written consent of the Landlord. Consent for Tenant to have
a pet is considered by Landlord on a case by case basis. Consent can be withdrawn by Landlord at any time during
the term of this lease. Tenant must pay a pet deposit of $200.00 per dog and/or $100.00 per cat on or before the
date that the pet begins residing in the apartment.

28. CHANGES: This lease may be changed only by an agreement in writing signed by and delivered to
each party.

29. PARAGRAPH HEADINGS: The paragraph headings are for convenience only.

30. REPRESENTATIONS: Tenant has read this lease. All promises made by Landlord are in this lease.
There are no others.

31.CREDIT CARD: Tenants will be charged a 5 % credit card processing fee.

32.THERMOSTAT: There will be a $500.00 fee per tenant for tampering with the lockbox on the
thermostat.

33. RETURNED CHECKS: There will be a $25.00 service charge for all returned checks and you will be subject to late fees.