This Lease Agreement (this "Lease") is dated , by and between Alex Garcia
("Landlord"), and [Name], ("Tenant"). Subject to the terms and conditions stated below the parties agree as follows:
1. PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases
to Tenant the following: Three-bedroom (lower level) with one bath (the "Premises") located at
10 MAURICE ST . No other portion of the building (hereinafter, the
Building), wherein the Premises is located is included unless expressly provided for in this
2. TERM. The initial term of this lease shall be one (1) year, beginning on 11/15/2019_ and
ending on _11/15/2020_. Following the initial term of one (1) year, this lease shall be renewed
automatically under the terms and conditions stated herein. However, after the initial one (1) year
term, the term of the extended tenancy shall become a month-to-month tenancy. Thirty (30) day
written notice prior to the last day of the initial term or any extended term shall be sufficient
notice to terminate said tenancy.
3. MANAGEMENT. The Tenant is hereby notified that Alex Garcia or Arelis Villa is the
property manager in charge of the Property. Should the tenant have any issues or concerns the
Tenant may contact Alex Garcia at 10 Maurice St Haverhill MA 01832, 978-305-5655.
4. RENT; LEASE PAYMENTS. "Rent" shall mean all monetary obligations of Tenant to
Landlord under the terms of this Agreement, except the Security Deposit.
(a) Tenant shall pay to Landlord lease payments of $1,400.00, payable in advance on the
tenth day of each calendar month, and is delinquent on the next day. Lease payments
shall be made to Landlord at the address of Landlord noted in the Notices provision of
this Lease which may be changed from time to time by Landlord.
(b) Rent shall be paid by the following method(s):
5. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to
Landlord, in trust, a security deposit of _1400 to be held and disbursed for Tenant damages to the
Premises or other defaults under this Agreement (if any) as provided by law.
In accordance with Massachusetts General Law Chapter 186, Section 15B, any security deposit
collected must be held in a separate, interest-bearing account. The security deposit will be held
at: Bank Of America.
Landlord must pay interest, at the end of each year of the tenancy, if the security deposit is held
for one year or longer from the commencement of the tenancy. Landlord must submit to Tenant a
separate written statement of the current condition of the premises, as required by law, and if
Tenant disagrees with Landlord's statement of condition, he/she must attach a separate list of any
damage existing in the premises and return the statement to Landlord. Landlord must, within 30
(thirty) days after the end of the tenancy, return to Tenant the security deposit, with interest, less
lawful deductions as provided in M.G.L. c. 186, s. 15B. If Landlord deducts for damage to the
premises, Landlord shall provide to Tenant an itemized list of such damage and written evidence
indicating the actual or estimated cost of repairs necessary to correct such damage. No amount
shall be deducted from the security deposit for any damage which was listed in the separate
written statement of present condition or any damage listed in any separate list submitted by
Tenant and signed by Landlord or his/her agent. If Landlord transfers Tenant's dwelling unit,
Landlord shall transfer the security deposit, with any accrued interest, to Landlord's successor in
interest for the benefit of Tenant.
6. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this
Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless
otherwise agreed by both parties in writing. The Tenant shall maintain the premises in a clean
and neat condition and at all times comply with an occupant's obligations under Article II of the
Massachusetts State Sanitary Code. At the expiration of the term, Tenant shall remove its goods
and effects and peaceably yield up the Premises to Landlord in as good a condition as when
delivered to Tenant, ordinary wear and tear excepted.
7. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a full-time
residential dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from
the Premises not later than the first day of the extended absence.
No retail, commercial or professional use of the Premises is allowed unless the Tenant receives
prior written consent of the Landlord and such use conforms to applicable zoning laws. In such
case, Landlord may require Tenant obtain liability insurance for the benefit of Landlord.
Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.
The failure to abide by the provisions of this section shall constitute a material breach of this
Agreement and is a just cause for eviction.
8. OCCUPANTS. No more than 5 person(s) may reside on the Premises unless the prior written
consent of the Landlord is obtained.
This Lease and occupancy of the premises is binding, individually and severally, on each
person(s) specifically named and who signs this Lease, regardless of the named person's
occupancy of the Premises.
Tenant may have guests on the Premises for not over 15 consecutive days or 90 days in a
calendar year, and no more than two guests per bedroom at any one time. Persons staying more
than 15 consecutive days or more than 90 days in any calendar year shall NOT be considered
original tenants of the Premises. Tenant must obtain the prior written approval of Landlord if an
invitee of Tenant will be present at the Premises for more than 15 consecutive days or 90 days in
a calendar year, there will be a $50 monthly fee for each guest.
9. PETS. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Premises, even
temporarily or with a visiting guest. As required by law, Service Animal(s) are the only
exception to this rule.
Strays shall not be kept or fed in or about the Premises. Strays can be dangerous and Landlord
must be notified immediately of any strays in or about the Premises.
10. KEYS. Tenant will be given 1 key(s) to the Premises and 0 mailbox key(s). If all keys are
not returned to Landlord following termination of the Lease, Tenant shall be charged $0.00.
Tenant is not permitted to change any lock or place additional locking devices on any door or
window of the Premises without Landlord's approval prior to installation. If allowed, Tenant
must provide Landlord with keys to any changed lock immediately upon installation.
11. LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged $0.00 to
12. STORAGE. The tenant will not have Storage.
13. PARKING. no parking available
14. MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in
reasonably good repair at all times and perform all repairs reasonably necessary to satisfy any
implied warranty of habitability except that Tenant will be responsible for: The tenant is
responsible for changing the batteries of the smoke and carbon monoxide detectors, and is also
responsible for changing the filter of the grease extractor. these changes must be made annually..
Landlord will comply with all Landlord's obligations under Article II of the Massachusetts State
Sanitary Code. Substantial violations of the State Sanitary Code will constitute grounds for
abatement of rent.
Except in an emergency, all maintenance and repair requests must be made in writing and
delivered to Landlord or its Agent. A repair request will be deemed permission for the Landlord
or its Agent to enter the Premises to perform such maintenance or repairs in accordance with
ACCESS BY LANDLORD TO PREMISES herein unless otherwise specifically requested, in
writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlords or
Landlord's Agents access or entry. Landlord shall have expectation that the Premises is in a safe
and habitable condition upon entry.
15. UTILITIES AND SERVICES.
Landlord shall be responsible for the following utilities and services in connection with the
- water and sewer
- garbage and trash disposal
Tenant shall be responsible for the following utilities and services in connection with the
- telephone service
Tenant acknowledges that Landlord has fully explained to Tenant the utility rates, charges and
services for which Tenant will be required to pay (if any), other than those to be paid directly to
the utility company furnishing the service.
16. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as
REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for the
PERSONAL PROPERTY TAXES. Landlord shall pay all personal property taxes and any
other charges which may be levied against the Premises which are attributable to Tenant's
use of the Premises, along with all sales and/or use taxes (if any) that may be due in
connection with lease payments.
17. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain
appropriate insurance for their respective interests in the Premises and property located on the
18. NON-SUFFICIENT FUNDS. Tenant shall be charged $25.00 as reimbursement of the
expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient
funds. In addition, a check returned due to insufficient funds will be subject to any and all Late
Payments provisions included in this lease. All charges will be immediately due from Tenant and
failure to make immediate payment will constitute a default under the terms of this Lease.
Landlord reserves the right to demand future payments by cashier's check, money order or
certified funds on all future payments in the event of a check returned for insufficient funds.
Nothing in this paragraph limits other remedies available to the Landlord as a payee of a
dishonored check. Landlord and Tenant agree that three returned checks in any twelve month
period constitutes frequent return of checks due to insufficient funds and may be considered a
just cause for eviction.
19. LATE PAYMENTS. For any payment that is not paid within 15 days after its due date,
Tenant shall pay a late fee of $50.00.
20. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease
obligation or term by which Tenant is bound. Subject to any governing provisions of law to the
contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation
within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord
may elect to cure such default and the cost of such action shall be added to Tenant's financial
obligations under this Lease, including reasonable attorneys' fees. All sums of money or charges
required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums
or charges are designated as "additional rent". The rights provided by this paragraph are
cumulative in nature and are in addition to any other rights afforded by law.
21. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of
this Lease, Landlord may terminate this lease upon 30 days' written notice to Tenant that the
Premises have been sold.
22. NOTIFICATION OF TERMINATION. Landlord shall not terminate this Lease except for
serious or repeated breach of Tenant's obligations hereunder. In cases of nonpayment of rent,
Landlord may terminate the tenancy by a 14-day written notice to vacate. In all other cases,
Landlord may terminate the tenancy by a 30-day written notice to vacate. Notwithstanding the
foregoing, the Landlord may immediately terminate this Lease for any act or conduct of the
Tenant, household member or guest which entitles the Landlord to evict or enjoin the Tenant
under Massachusetts General Laws, Chapter 139, Section 19.
23. MILITARY TERMINATION CLAUSE. In the event the Tenant is, or hereafter becomes,
a member of the United States Armed Forces on extended active duty and hereafter the Tenant
receives permanent change of station orders to depart from the area where the Premises are
located; is relieved from active duty, retires or separates from the military; or is ordered into
military housing, the Tenant may terminate this lease upon giving thirty (30) days' written notice
to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a
letter signed by the Tenant's commanding officer reflecting the change that warrants termination
under this clause. The Tenant will pay prorated rent for any days he or she occupies the dwelling
past the first day of the month. Any security deposit will be promptly returned to the Tenant,
provided there are no damages to the Premises.
24. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises
inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and
acceptable condition of habitability for their intended use, and the agreed lease payments are fair
and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental
value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to
25. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and
shall not be construed as exclusive unless otherwise required by law.
26. REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall be allowed to
conduct construction or remodeling (at Tenant's expense) only with the prior written consent of
the Landlord which shall not be unreasonably withheld. At the end of the lease term, Tenant shall
be entitled to remove (or at the request of Landlord shall remove) any such fixtures, and shall
restore the Premises to substantially the same condition that existed at the commencement of this
27. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not
be unreasonably withheld), Landlord shall have the right to enter the Premises to make
inspections, provide necessary services, or show the unit to prospective buyers, mortgagees,
tenants or workers. Landlord will provide reasonable notice of its intention to enter the Premises.
If Tenant has, after written notice to cease, continued to deny Landlord access to the unit, as
required by State law, such failure is a substantial breach of this agreement and is a just cause for
eviction. However, Landlord does not assume any liability for the care or supervision of the
Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises
without Tenant's consent. During the last three months of this Lease, or any extension of this
Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to
28. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law,
Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all
losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which
Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the
Premises, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or
Agent from any and all liability for loss or damage to Tenant's property or effects whether in the
Premises, garage, storerooms or any other location in or about the Premises, arising out of any
cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the
case that such damage has been adjudged to be the result of the gross negligence of Landlord,
Landlord's employees, heirs, successors, assignees and/or Agents.
29. ACCOMMODATION. Landlord agrees to and is committed to complying with all
applicable laws providing equal housing opportunities. To ensure compliance, Landlord will
make reasonable accommodations for the known physical or mental limitations of an otherwise
qualified individual with a disability who is an applicant or a tenant, unless undue hardship
would result. It is the applicant or tenant's responsibility to make Landlord aware of any required
accommodation. In writing, the individual with the disability should specify the nature and effect
of the disability and any accommodation he or she needs. If after thoughtful consideration and
evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord
will make the accommodation. Landlord reserves the right to require appropriate medical
verification of the disability.
30. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or
thing of a dangerous, flammable, or explosive character that might substantially increase the
danger of fire on the Premises, or that might be considered hazardous by a responsible insurance
company, unless the prior written consent of Landlord is obtained and proof of adequate
insurance protection is provided by Tenant to Landlord.
31. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws,
ordinances, requirements and regulations of the federal, state, county, municipal and other
authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be
required to make alterations to the exterior of the building or alterations of a structural nature.
32. MECHANICS LIENS. Neither Tenant nor anyone claiming through the Tenant shall have
the right to file mechanics liens or any other kind of lien on the Premises and the filing of this
Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual
advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that
such liens will not be valid, and (2) take whatever additional steps that are necessary in order to
keep the premises free of all liens resulting from construction done by or for the Tenant.
33. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now
exists, or may be given later by Landlord, with respect to the Premises.
34. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the
Premises, nor assign, mortgage or pledge this Lease. This is a blanket prohibition, meaning no
replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed in
the Premises even if a Tenant leaves the Premises. This prohibition applies to each and every
term of this Lease in regard to space leased to Tenant. Any waiver of this prohibition must be
secured from the Landlord in writing, and the consent of which Landlord may withhold in its
sole and absolute discretion. In the event the prohibition is invalidated or lifted, Tenant, Landlord
and any subtenant or assignee agrees to be bound by each and every provision contained in this
35. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in
writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address
set forth below. Such addresses may be changed from time to time by either party by providing
notice as set forth below. Notices mailed in accordance with these provisions shall be deemed
received on the third day after posting.
10 Maurice St
Haverhill, Massachusetts 01832
Such addresses may be changed from time to time by either party by providing notice as set forth
36. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State
37. ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the
parties and there are no other promises, conditions, understandings or other agreements, whether
oral or written, relating to the subject matter of this Lease. This Lease may be modified or
amended in writing, if the writing is signed by the party obligated under the amendment.
38. SEVERABILITY; WAIVER. If any portion of this Lease shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that
by limiting such provision it would become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited. The failure of either party to enforce
any provisions of this Lease shall not be construed as a waiver or limitation of that party's right
to subsequently enforce and compel strict compliance with every provision of this Lease.
39. TIME OF ESSENCE. Time is of the essence with respect to the execution of this Lease.
40. ESTOPPEL CERTIFICATE. Tenant shall execute and return a tenant estoppel certificate
delivered to Tenant by Landlord or Landlord's agent within 3 days after its receipt. Failure to
comply with this requirement shall be deemed Tenant's acknowledgment that the estoppel
certificate is true and correct, and may be relied upon by a lender or purchaser.
41. TENANT REPRESENTATION; CREDIT. Tenant represents and warrants that all
statements in Tenant's rental application are accurate. Tenant authorizes Landlord and any broker
to obtain Tenant's credit report periodically during the tenancy in connection with the
modification or enforcement of this Lease. Landlord may cancel this Lease (i) before occupancy
begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that
information in Tenant's application is false.
42. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the
benefit of both parties and their respective legal representatives, successors and assigns.
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT
OR LEAD-BASED PAINT HAZARDS
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust
can pose health hazards if not managed properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, landlords must disclose the
presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants
must also receive a federally approved pamphlet on poisoning prevention.
(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):
(i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing
(ii) _____ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards
in the housing.
(b) Records and reports available to the landlord (Check (i) or (ii) below):
(i) _____ Landlord has provided the Tenant with all available records and reports pertaining
to lead-based paint and/or lead-based paint hazards in the housing (list documents):
(ii)__X__ Landlord has no reports or records pertaining to lead-based paint and/or leadbased
paint hazards in the housing.
Tenant's Acknowledgment (initial)
(c) _____ Tenant has received copies of all information listed above.
(d) _____ Tenant has received the pamphlet Protect Your Family From Lead In Your Home.
Agent's Acknowledgment (initial)
(e) _____ Agent has informed the landlord of the landlord's obligations under 42 U.S.C. 4852(d)
and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and accurate.
Alex Garcia Date
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Signed on Wed Mar 03 2021 21:37:59 GMT-0500 (Eastern Standard Time)
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