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Chicago Apartment Lease

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Chicago Apartment Lease Page 2
© domu 2013, Version 2.2 Initials: ______ ______
1. Rent. Tenant shall pay to Landlord’s Agent or, if none, to Landlord, by check, money
order, direct debit, or online payment, all monthly Rent at the address specified herein
(or to such other address specified by Landlord in writing), in advance, on or before the
Start Date and each monthly anniversary of the Start Date during the Term. All sums
due and payable under this Lease shall be considered Rent and shall be paid in the same
manner as monthly Rent. Rent shall be deemed paid on the date actually received. If
Tenant fails to make any full payment of Rent within five calendar days from the date
due, such Rent shall be increased by the amount of the Late Fee, which shall not exceed
$10.00 per month for the first $500.00 in Rent plus five-percent of the amount by which
the Rent exceeds $500.00. Tenant agrees to pay Landlord $50.00, upon demand, each
time a Rent check is returned for insufficient funds, in addition to any applicable Late
Fee. If, during the course of the Term, more than two Rent checks are returned for
insufficient funds, Landlord shall have the right to demand that all future payments of
Rent be made solely by cashier’s check or money order. Tenant’s covenant to pay Rent
is and shall be independent of each and every other covenant in this Lease, and, subject
to governing law, Tenant shall make no deduction nor claim any set-off from Rent.
2. Security Deposit. Tenant shall deposit with Landlord the Security Deposit as security
for the performance of each and every covenant and agreement to be performed by
Tenant under this Lease. To the extent permitted by law, Landlord shall have the right,
but not the obligation, to use the Security Deposit, or any portion thereof, to cure any
breach or default of Tenant under this Lease or to reasonably compensate Landlord for
any property damage caused by Tenant, its guests or invitees, reasonable wear and tear
excepted. Tenant may not apply any portion of the Security Deposit toward any Rent
due under this Lease. Landlord shall notify Tenant within thirty (30) days after the
application of the Security Deposit, or any portion thereof. Such notice shall state the
basis for the application of the funds and, if related to repairs or replacements, shall
include the estimated or actual cost of the same, attaching receipts for any and all
payments. Tenant shall replenish the Security Deposit in full within five (5) days of
receipt of Landlord’s notice of the application of Security Deposit funds, unless
Landlord’s notice is received after the expiration or termination of this Lease.
Notwithstanding the foregoing, Tenant’s liability for any breach or default under this
Lease or for any property damage shall not be limited to the Security Deposit. Upon
termination of this Lease, Tenant shall promptly notify Landlord of its new mailing
address, and Landlord shall refund the Security Deposit, or any balance thereof, in
accordance with governing law, but in no event later than forty-five (45) days, and may
pay the entirety of any Security Deposit refund to any Tenant on this Lease. Tenant shall
not be entitled to interest on the Security Deposit unless otherwise provided by
governing law.
3. Possession. Tenant shall be entitled to possession of the Premises at the
commencement of the Term. Landlord may deliver possession by tendering the keys to
Tenant at the Premises or by making the keys available at the office of Landlord or
Landlord’s Agent, provided such office is in the reasonable vicinity of the Premises. If
Landlord, through no fault of its own, cannot deliver possession of the Premises to
Tenant at the commencement of the Term, this Lease shall remain in full force and
effect with Rent abated per diem until such time as the Premises is available for Tenant's
occupancy, and Landlord shall have no further liability. Subject to the foregoing, Tenant
may, upon proper notice to Landlord, terminate the Lease and, upon termination,
Landlord shall return all prepaid Rent and refund any Security Deposit, or Tenant may
avail itself of any other remedy available under governing law. For so long as Tenant has
possession of the Premises, Tenant shall have a license to use the Common Areas,
although Tenant’s license to use any Common Area amenities may be revoked by
Landlord any time that Tenant is in default under this Lease.
4. Tenant’s Use of Premises. Tenant shall use the Premises as a residence only and shall
not engage in any type of commercial activity at the Premises, nor permit any guests
(other than minor children of Tenant) to lodge at the Premises longer than two weeks
consecutively or thirty days cumulatively during the Term, without the express written
consent of Landlord. Tenant shall comply with all federal, state, and local laws and
regulations while occupying the Premises and shall not engage in any action, or allow
any guests or invitees to engage in any action, that would be dangerous to life, limb, or
property, cause a disturbance to other tenants or neighbors, damage the reputation of
the Premises or the Landlord, or increase the premium cost or invalidate any policy of
insurance covering the Building. Tenant shall not store on or around the Premises, or
enter upon the Premises with, any item of an unusually dangerous, flammable, or
explosive nature or that might unreasonably increase the risk of fire or explosion.
5. Utilities. To the extent the Premises is separately metered for utilities, including, but
not limited to, water, gas, electricity, telephone, internet, and cable, Tenant shall be
responsible for paying the applicable utility provider for all usage incurred during the
Term or during any period that Tenant has possession. To the extent the Premises is not
separately metered for utilities, Landlord shall be responsible for paying the applicable
utility provider. Landlord shall not be liable for any utility outages by reason of any
cause beyond Landlord’s reasonable control, and Landlord shall have no obligation to
install or provide, or consent to the installation or provision of, any utility not serving
the Premises at the commencement of the Term. If Tenant fails to pay for any utility and
such failure is imminently likely to adversely affect Landlord’s interests or create a
danger to the Premises, Landlord may pay the utility directly and any amount so paid
shall be added to the next installment of Rent.
6. Landlord Maintenance. Landlord’s obligation to maintain the fitness and habitability
of the Premises shall be coextensive with the obligations imposed by CRLTO § 5-12-110.
7. Tenant Maintenance. With respect to the Premises and all appurtenances thereto,
Tenant shall (i) keep the same in good, clean, safe, sanitary, and presentable condition,
in good order and repair, and in compliance with Chicago municipal code, (ii) repair any
damage caused by the misuse, waste, or neglect of Tenant or any of Tenant’s guests or
invitees, (iii) notify Landlord promptly of any damage, defect, or condition posing a
threat to person or property or necessitating attention or repair, (iv) place all garbage in
sealed and secured plastic bags and dispose of such garbage, including recyclable waste,
in designated receptacles, (v) maintain a minimum temperature of 55 degrees, (vi) not
use sinks or toilets to dispose of articles that plumbing pipes were not designed to
accommodate, and (vii) not suffer or commit any waste, or destroy, deface, damage, or
impair any property owned by Landlord or third persons, nor allow guests or invitees to
do so.
8. Alterations & Improvements. Tenant shall not make any alterations, additions, or
improvements to, nor paint any portion of, the Premises, nor install, remove, or replace
any fixtures, equipment, or appliances, nor modify any landscaping, without the express
written consent of Landlord. Tenant may not install or affix any equipment to the
exterior surface of the Building, including awnings, air conditioning units, satellite
dishes, coaxial cable, or television antennae, without the express written consent of
Landlord. Landlord may condition any consent on, among other things, Tenant’s
agreement to pay all costs or employ contractors specifically approved by Landlord. All
alterations, additions, or improvements shall become the property of Landlord, unless
Landlord requests that they be removed or that the Premises be restored to its original
condition at the end of the Term.
9. Safety Devices. Tenant agrees to test, maintain, and repair any smoke or burglar
alarms or carbon monoxide detectors at the Premises, and to replace any batteries, as
needed, at Tenant’s sole cost and expense. Landlord warrants that any such safety
devices are in proper working order at the time Tenant takes possession, and Tenant
releases Landlord from any and all liability, loss, cost, damage, or expense arising from
or relating to any failure, defect, or deficiency in any such safety device. Landlord has no
obligation to install any safety device or system at the Building, except as required by
governing law. If Tenant installs any alarm system at the Building, Tenant shall provide
Landlord with instructions on disarming the system upon entry.
10. Locks & Keys. Tenant shall have the right to change the locks or keys to any door at
the Premises or to change the combination to any digital lock at the Premises, provided,
however, that Tenant shall provide Landlord with a copy of the new key(s) or the new
combination(s) within 24 hours.
11. Access. Landlord and Landlord’s Agents, upon 48 hours’ written or verbal notice,
shall have the right to enter the Premises between 8:30 AM and 6:30 PM (“Daytime
Hours”) for the purpose of inspecting or investigating actual or potential damage,
performing required maintenance, alterations, or repairs, supplying necessary or agreed
services, conducting inspections authorized or mandated by a governmental entity, or
exhibiting the Premises to prospective purchasers or mortgagees. During the final sixty
(60) days of the Term, Landlord and Landlord’s Agents shall also have the right to enter
the Premises during Daytime Hours and upon 48 hours’ written or verbal notice, for the
purpose of exhibiting the Premises to prospective tenants. In the event of apparent or
actual emergency, or of practical necessity to make repairs elsewhere in the Building,
Landlord or Landlord’s Agents may enter the Premises at any time without notice,
provided Landlord subsequently informs Tenant of such entry within two (2) days. In all
instances, Landlord or Landlord’s Agent shall knock and announce before entering. For
purposes of this paragraph only, written or verbal notice may be communicated in any
diligent, good faith manner reasonably calculated to reach Tenant. Nothing in this
paragraph shall be construed to limit Landlord’s or Tenant’s rights, privileges, or
remedies under governing law. In the event Tenant wrongfully precludes Landlord from
access to the Premises, Landlord shall be entitled to liquidated damages in the amount
of two months’ Rent, in addition to any other remedies available at law or in equity.
12. Quiet Enjoyment. Landlord covenants and agrees that if Tenant pays Rent and
faithfully observes and performs all of its obligations under this Lease, including any
Rules and Regulations promulgated hereunder, Tenant may peaceably and quietly enjoy
the Premises during the Term.
13. Indemnification. To the extent permitted by law, Tenant shall defend, indemnify,
and hold Landlord and Landlord’s Agents harmless from and against any and all liability,
loss, cost, or expense, including reasonable attorneys’ fees, arising from or relating to
any act or neglect of Tenant, Tenant’s agents, contractors, guests, or invitees, or any
person in or about the Premises with Tenant’s express or implied consent.
15. Insurance. Landlord shall have no obligation to insure any of Tenant’s personal or
property interests, and Tenant stores all personalty at the Property at its own risk.
Tenant shall procure such policies of property and liability insurance as it alone deems
necessary.
15. Assignment & Subletting. Tenant shall not assign or sublease any interest in this
Lease without the express written consent of Landlord, which consent shall not be
unreasonably withheld, conditioned, or delayed. Any assignment or sublease without
Landlord’s consent shall constitute a material breach of this Lease. No sublease or
assignment shall operate to release Tenant or any Guarantor from any obligation or
liability under this Lease, and no consent to a particular assignment or sublease shall be
construed as a consent to any other assignment or sublease.
Chicago Apartment Lease