Lease Contract Agreement

LESSOR, Urbane Choices, Inc., by Michael Markstahler as its president, HEREBY LEASES TO LESSEE(S), tenant(s) name(s) here, If more than one tenant is listed they are listed as being jointly and severally liable and responsible. THE PREMISES KNOWN AND DESCRIBED AS:  

A condominium unit at Uptown On Columbia Condos with the specific address of put in street address here, Champaign, IL 61820. The unit has the following appliances: dishwasher, washer, dryer, electric kitchen range, microwave/hood and refrigerator.

The specific terms of this lease are designed to more clearly layout the duties, rights, and obligations of both the landlord and the tenant TO WHICH BOTH PARTIES AGREE TO BIND THEMSELVES BY SIGNING THIS LEASE.

This lease is a contract. Neither party may change or abrogate it without the written consent of the other party.

This lease is a combination of both contract and property law. It is property law because it involves the rights to convey and occupy real estate. It is contract law because the lease is an agreement that defines each side’s rights and responsibilities. A lease agreement is a contract between landlord and tenant.

Like all such legally binding contracts, it’s an exchange of promises. The most basic exchange is the tenant’s promise to pay rent on time and in full in exchange for the landlord’s promise to provide the premise in an implied warranty of habitability. Wherever the term lease is used following throughout, it shall also mean contract. In the case of the lease, the tenant receives the right to exclusive possession of the property for the length specified subject to the agreed upon limitations set out in the lease, and the tenant’s legal obligation to return the property in good and same condition except for normal wear at the end of the lease in exchange for paying the full lease amount on time as specified.

Definition of terms used in this contract and the these definitions shall rule in any attempt to interrupt or understand the mean within– 

     1. ‘Lease’ shall also be known as a legally binding contract between the parties also known as the landlord and the tenant.

     2. ‘Landlord’ shall also be known as lessor. During the term of this lease Landlord may also mean staff or independent contractors engaged by the Landlord. These would be limited to the purpose of showing the units for leasing, inspections, bank appraisals, for maintenance or in the event the property was listed for sale, realtor’s showings.

     3. ‘Tenant’ shall also be known as lessee. In the event of more than one tenant signed to the lease, this shall be understood to be inclusive of all signatories jointly and severally.

     4. ‘Abandon’ and ‘abandoned’ shall mean any one or more of the following and any one or more of the following, it is agreed, shall be sufficient to meet the definition of abandon or abandoned:

 a. Any utilities the tenant is responsible for have been turned off

 b. Any doors are left unlocked for a time longer than forty-eight hours

 c. If rent is late as defined below and the domicile is not occupied for a period of five days subsequent to the rent being late.

     5. ‘Holdover’ can also mean ‘holds possession’ and both shall mean any amount of time the tenant holds possession of the rental property beyond the day and hour of the lease termination as specified in this lease.       

     6. ‘Vacate’ shall mean the date and time stated in the lease is the end time when all possession must be returned to the landlord. This is also known as ‘Right of Occupancy ends’ date.

     7. ‘Rent’ shall also be known as a specified periodic contractual payment as detailed below.

     8. ‘Month’ shall mean any one of the twelve calendar months. July is to mean July first through noon central time on the 30th of July. August is to mean 1p.m. central time on August first through the end of the month.

     9. ‘Day’ shall mean any of the days of the year and shall not be modified by holidays or weekend days. A day for purposes of on time payment shall mean midnight to midnight of any twenty-four hour period except for the 5th of the month of the grace period which shall end at 5 p.m. local time in Champaign, Illinois.

     10. ‘Security Deposit’ shall mean as follows - In order to guarantee at all times the proper performance of payment obligations and the performance of all of the clauses and conditions of the lease for which the Lessee is responsible, the Lessee pays, upon signature of this lease, to the Lessor, a security deposit, which shall not produce interest unless required by Illinois statute, the amount of which shall be $900 or equal to 1/12 of the total annual contractual obligation whichever is larger. This security deposit shall be kept during the entire lease term. ‘Security Deposit’ shall mean sum of money listed in this lease that the tenant shall give to the landlord specifically for the purpose of securing this lease. The landlord may apply money from the security deposit towards all short rents, utility payments made by the landlord as a result of tenant removing the utilities from their name, late payment fees costs listed in article 21 of this lease, and costs to bring the unit back to the same condition it was in when the tenant took possession beyond normal wear and tear. Among these costs, but not an exhaustive list, can be turning utilities on to do work, trash hauling, repairs/replacement, making new keys or replacing locks if keys are not turned in, and cleaning. At the end of this lease landlord will return to the tenant any part of the security deposit not used in accordance with Illinois statute 765 ILCS 710/) Security Deposit Return Act. If the total sum exceeds the amount of the Security Deposit, the tenant agrees to promptly pay the amount in excess. Promptly shall mean within fifteen calendar days of receiving notice of money due. Any security deposit that is to be returned will be returned as one check made out to the tenant designated to receive it in this lease. No multiple checks will be issued. The tenant designated to receive the security deposit return or any bill for excess charges is put a specific name here. It is this tenant’s obligation to provide in writing a forwarding address or it will be mailed to the address shown on this lease. Any mailings returned undeliverable shall be held for one year at the address provided for giving notices.

       11. Normal decline in quality due to daily average residential use which may be also referred to as wear and tear, for tenancies that last only twenty-four months or less, shall be specifically limited to and shall not be defined beyond – holes in walls 1/16” of an inch or under made for hanging of decorative items and light scuffs on painted surfaces. For longer tenancies, small dulling of stainless steel items, some matting of carpeting and loss of sheen to vinyl sheet-good flooring in high traffic areas shall be added to the above list. Other items may be added to this list by addendum signed and dated by both landlord and tenant.

    12. A ‘guest’ shall be a friend or relative who maintains a separate legal permanent address, other than the one of this domicile, where they routinely reside and are maintaining legal residence beyond a mailing address.

    13. ‘Late’, as it relates to rent shall mean after 5 p.m. on the 5th of any month regardless of weekends or holidays.

    14. The doctrine of implied warranty of habitability is a judicially created doctrine of merger. In essence, the implied warrant of habitability imposes a duty on the landlord to maintain the property in a habitable condition and free from latent defects.

    15. ‘Smoking’ means the inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco or marijuana product. Further it shall mean the chewing of a tobacco product. Further still it shall mean the use of any electronic cigarette, e-cigarette, Vape, hookah or Juul products. Further it shall also mean and include in the definition the burning of incense sticks, bundles, or cubes.

    16. ‘Emergency’ shall only and exclusively mean and shall be limited to burst pipe(s) including water running from ceilings or walls, a furnace failing to operate only when the outside wet bulb temperature is 45 or lower, electrical outlets smoking or sparking, broken glass in windows or doors that needs boarding up, a sprinkler head that is discharging, or if a fire alarm is sounding inside of an apartment.

    17. ‘Prior notice’ shall mean, specifically for scheduling showings for leasing, no later than 7 p.m. the calendar day prior to the calendar day of showing for leasing. For routine maintenance it shall mean no later than 5 p.m. the calendar day prior to the calendar day of maintenance.

    18. ‘Rent’ shall mean the total contractual obligation of the lease contract. It is stated as one total dollar amount obligation and is not to be sub-divided by a per diem or reduced by an early vacation of the property. There are only two exceptions to this. The first is if there is a change made by a written lease modification signed by all parties. The second is if the tenant moves out early and a new tenant moves in during the time of this lease contract. Then the tenant covered by this lease shall be reimbursed for every day of occupancy by the new tenant during the term of this lease contract. This shall be figured by dividing the total contractual obligation by 363 days to arrive at a per day reimbursement. This shall be paid to the tenant at the same time as the security deposit is returned.

   19. ‘Rent payment’ shall mean some portion of the total contractual obligation of the lease contract. Typically the tenant will elect for this to be monthly but may elect for a quarterly, semi-annual or annual payment.

   20. ‘Report’ means an e-mail or written note delivered to the office at 101 W. Vine Champaign, IL. Written notes should only be used if a tenant does not have routine access to e mail. It shall never be considered as an official report if given verbally in person or by telephone.

This lease becomes valid and its terms fully in force on the date of signing as indicated by the date shown on the signature page adjacent to the landlord’s or his agent’s signature if the lease has also been signed and dated by at least one tenant.

Right of Occupancy begins August 1, 201 _ at 1 p.m. local time in Champaign, Illinois. Right of Occupancy ends noon July 30, 201_ local time in Champaign, Illinois. This is the full term of the lease. The total contractual obligation is for this period. No other definition shall be used.

It is agreed that the Lessee’s total contractual obligation, not including any permitted charges, to be specific amount here. This contractual obligation shall be increased by charges to the tenant as permitted under the terms of this lease.

It is further agreed that the tenant may pay this obligation in total, by half year, quarterly or monthly. If monthly, the total contractual obligation shall be divided by twelve to arrive at a standard monthly payment. This is done for convenience and different number of days per month shall be disregarded. If a payment is made other than monthly, all terms binding upon monthly payments shall also be binding upon half year or quarterly payments. No interest or discount shall be provided for any payment schedule. If, for any reason, a Per Diem pro-rate of the contractually obligation is calculated that formula shall be the total contractual obligation divided by 363.

Monthly payments (if this method is elected) shall be specific amount here.

The Due Date of the monthly payment is the first day of the month and is considered paid late after the 5th of the month and subject to late fees.

Landlord (Lessor): Urbane Choices, Inc.

Tenant(s) (Lessee(s)): name here

Amount of funds place upon deposit for security: specific amount here

SPECIFIC TERMS The specific terms of this lease are designed to more clearly and precisely lay out the duties and rights of both the landlord and the tenant. 

1: The landlord will deliver the unit in good clean condition, and free of insect infestation or rodents on the beginning date of the Lease and Tenant will return the unit in the same condition. All carpeting if any, unless new, will be professionally steam cleaned prior to tenant occupancy. If the previous tenant had a dog or cat, then the carpet will be additionally raked for hair. A higher level of cleaning is required by, and this lease is modified by, a signed pet form. 

Tenants are required to have the carpeting professionally steam-cleaned prior to their departure. Proof of this shall be a paid receipt dated within 30 hours prior to the lease termination or other agreed upon departure time. If a receipt is provided that is beyond 30 hours or the freshly cleaned carpeting has been walked on and is deemed dirty by staff, the landlord is granted the right solely at his discretion to have the carpets again cleaned and then to charge this against the security deposit.  

A move in inspection form shall be provided to the tenant. It is the tenant’s obligation to fill this form out and return it to the landlord within five days of taking occupancy. If no form is turned in or it is turned in beyond five days of occupancy it shall be proof that the tenant found the unit in excellent condition. Proof that the form was turned in shall be the receipt of the form in the management office within five days of the tenant taking occupancy. This form is not a request for maintenance but rather a record on the condition at the time of occupancy that will be used to determine the difference between damage and cleanliness and normal wear and tear.  

2: While occupying the unit the tenant shall immediately report to the landlord any damage to the unit. Damage means, but is not limited to, such things as dents or holes in the wall, stains in the carpet, gouges in the vinyl flooring, torn screen or broken windows, broken knobs on doors, loose towel bars or improper operation of appliances. Any damage to the property must be reported to the landlord within one day of it occurring. Failure to promptly report damage is good cause for eviction. Tenants are strictly barred from making any repairs themselves without prior written permission. This includes painting. Damages to floors from furniture or water damage from plants or pet bowls/boxes are the tenant’s responsibility.

3: Smoking inside of the unit (reference definition 16 above), in the common areas outside of the unit within twenty feet of any window or door by anyone is strictly prohibited. Tenant is solely responsible for the cost to the landlord for picking up any cigarette butts or related smoking items found in the yard. This cost is to be charged against the security deposit.

It is the tenant’s responsibility to pay the costs of the removal of smoke smell or smoke stains on interior surfaces of the unit or the collection of cigarette butts from public spaces (such as yards). These costs may be included under the definition of security deposit. However, these costs may far exceed the security deposit and may include stain blocking, odor seal, painting and duct cleaning in addition to other cleaning of window treatments or flooring.

4: The tenant shall promptly report all items that require maintenance to the landlord.  

In 1921 the Illinois Supreme Court set forth the obligations of a landlord in making repairs to the leased premises. Gibbons v. Hoefeld, 299 Ill. 455, 132 N.E. 423 (1921). In short, it is the obligation of a landlord to make the premises tenantable for the use for which it is leased. Once this obligation has been satisfied, the landlord has no further duty to make repairs during the term of the lease unless he or she is otherwise contractually obligated to do so. 132 N.E. at 427. The rule of law set forth in Gibbons is still applied by Illinois courts. Forshey v. Johnston, 132 Ill. App. 2d 1106, 271 N.E. 2d 81, 82-83 (4th Dist. 1971) (providing that ordinary, mere relationship of landlord and tenant creates no obligation on landlord to make repairs, absent express covenant or stipulation binding it to make repairs or to keep property in repair); McDaniel v. Silvernail, 37 Ill. App. 3d 884, 346 N.E. 2d 382, 386 (4th Dist. 1976) (stating that traditionally, landlord is not bound to make repairs unless it has expressly agreed to do so); Baxter v. Illinois Police Federation, 6 Ill. App. D 819, 80 N.E. 2d 832, 835, 20 Ill. Dec. 623 (1st Dist. 1978) (holding that absent covenant in lease obligating landlord to make repairs, landlord has no obligation to repair leased premises).

The landlord makes no explicit, implicit, by reference or inference commitment to responsibility to perform repairs with one exception. That exception is the changing of burnt out light bulbs tenants should never replace any light bulbs.

All other requests to the landlord by the tenant for maintenance shall be reviewed and responded to on a case by case basis. Both the tenant and the landlord agree that if the landlord does perform one or more repairs, it in no way establishes a legal obligation of the landlord to do other repairs.

If the tenant has caused the problem, the landlord may at his discretion delay repairs until the time the tenant is able and ready to pay for repairs. This in no way restricts or delays the landlord’s right to proceed with eviction under other sections of this lease.

5: The unit shall be occupied only by the tenant(s) and any dependent children under eighteen years of age directly related to the tenant and listed in this lease. Only guests may stay overnight. A guest shall never, without landlord permission, be provided a key to the unit.

6: The tenant will pay any repairs required due to damage caused by the tenant at the time of repair. Failure to promptly pay for such repairs is good cause for eviction. Any plumbing repairs caused by articles flushed down the toilet or put down the drain will be paid for by the tenant at the time of repair. These articles include, but are not limited to paper towels, food products, feminine sanitary products, tampon applicators (even those that state they are flushable), and excessive toilet paper. Feminine sanitary products, tampon applicators (even those that state they are flushable) are strictly forbidden from being flushed in a toilet.

7: Except for what is already installed, upon occupancy, tenant shall provide all electronic data/communication and entertainment devices at their expense. Tenants may not run new inside wiring without prior permission from the landlord. The tenant is responsible for both installation and removal of any such wiring; this includes satellite dishes. If left, the landlord may elect to remove such wiring as well as exterior satellite dishes, mounting brackets, and interfaces and repair any drilled holes. The tenant is responsible for paying any costs to the landlord for these removals. These costs may be included under the definition of security deposit.

8: An essential requirement of any lease is that the lease transfers exclusive possession of the demised premises to the tenant. The Illinois Supreme Court has stated that “(a) leasehold consists of the right to the use and possession of the demised premises for the full term of the lease.” People ex rel. Korzen v. American Airlines, Inc. 39 Ill. 2d11, 233 N,E,2d 568, 572 (1967). As a result, assuming neither the landlord nor the tenant has breached the lease, a landlord, generally, should refrain from disturbing the tenant’s use and possession of the demised premises during the lease term except for explicit purposes as outlined in this lease. C. (7.4) Quiet Enjoyment A corollary to the rule that a lease grants to a tenant exclusive possession of the demised premises is the landlord’s covenant of quiet enjoyment. Illinois law implies a covenant of quiet enjoyment in all lease agreements. Chapman v. Brokaw, 225 Ill. App. 3d 662, 588 N.E. 2d 462, 467, 167 Ill. Dec. 821 (3rd Dist. 1992).

The landlord and his agents only have the right of free access at reasonable times for showing of the unit if it is listed as being for lease or for sale. In all cases the landlord shall by any single one or some combination of printed maintenance notice left at the front door, telephone or e-mail, provide prior notice to the tenant for a showing for lease or for sale.

Referencing clause 4 above, once a request for maintenance has been made, the tenant grants access to the unit at reasonable hours without required prior notice unless the tenant requests prior notice at the time of request for maintenance. A standard practice shall be followed by the maintenance personnel for entering by knocking prior to unlocking the door, then shall unlock and open the door only far enough to announce their presence, and finally entering and again announcing their presence prior to advancing into the unit. 

Reasonable times shall mean Monday through Saturday 8:30 a.m. – 6:00 p.m. excluding nationally recognized holidays. All other times entry shall be pre-scheduled at least 24 hours in advance except in the case of emergencies. In all cases the tenant and the landlord agree to work together to both maintain exclusive possession while accommodating for normal business practices as defined in definition of terms number 2 above.

9: The tenant shall immediately report to the landlord any problems with the furnace or hot water heater. Failure to do so shall be good cause for immediate eviction.

10: In the event the unit is rendered untenantable due to fire or other accidents, the landlord may at his discretion terminate the lease, repair the unit within forty-five (45) days, or offer an equal substitute. If the landlord should elect to terminate the lease, any rents that may have already been paid for days beyond the date of termination, if the damage is not the fault of the tenants, shall be rebated to the tenants. This shall be done on a per diem from the date of election (total annual obligation divided by 363). If the landlord makes the election to terminate, he must notify the lessees in writing. If the fire inspector of the city of Champaign determines that the cause of the fire is the responsibility of the tenant, then the tenant is obligated to continue to pay rent during the time the unit is under rehabilitation even if it is not habitable during this time. This shall not be the case if the landlord receives rent compensation from the insurance carrier. However, the tenant will be liable for paying any deductible if they are at fault. The landlord is under no obligation and the tenant frees the landlord from any responsibility for storage of tenant possessions or for temporary housing.

11: All animals, whether pets of the tenants or the property of guests, are strictly banned from the property including the unit and common areas. This clause, upon approval, may be waived by the written pet agreement. Lessee agrees not to keep pets in or about the leased premises without the advance written permission of the lessor. Lessee understands that the prohibition of pets also applies to pets of lessee’s guests or visitors. If lessor finds a pet on the premises, lessee hereby agrees to pay a fine of $1,000 dollars as liquidated damages, and an additional fine of $125.00 dollars for each additional day the pet remains on the premises once they have been notified in writing to remove the pet. This fine shall be applied in all cases, even those where the tenant is “keeping” the pet for a friend or the pet is just “visiting” with a guest or visitor of the lessee.

If the pet remains on the premises for a period of two days or more from the date it is first observed by lessor, then lessee’s rights to possession shall terminate and lessee shall vacate the premises immediately and pay all sums due hereunder including rent and penalties for the balance of the term of this lease.

An assistance animal is not a pet — it assists an individual who has a disability. An assistance animal usually is a dog, but can be other types of animals, too. The animal is specially trained to perform disability-related tasks, such as guiding a person who is blind, pulling a wheelchair, alerting an owner to an impending seizure, performing complex household tasks and protecting its companion from oncoming traffic.

An emotional support animal is also considered an assistance animal under fair housing guidelines. Such an animal is often used as part of a medical treatment plan to provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. The need for an emotional support animal is not grounds for reasonable accommodation under the Americans with Disabilities Act. But it is under fair housing laws. A letter from a licensed counselor, social worker, psychologist or psychiatrist is required for permission to have an emotional support animal. Only one such animal is permitted without a pet fee.

For either an assistance animal or an emotional support animal the tenant is required to fill out the Animal Permission Lease Modification. No fee is to be paid.

For either an assistance animal or an emotional support animal the tenant is required to fill out the Animal Permission Lease Modification. No fee is to be paid.

13: ‘Quiet Enjoyment’ is a corollary to the rule that a lease grants to a tenant exclusive possession of the demised premises and is the landlord’s covenant of quiet enjoyment. Illinois law implies a covenant of quiet enjoyment in all lease agreements. Chapman v. Brokaw, 225 Ill.App.3d 662, 588 N.E.2d 462, 467, 167 Ill.Dec 821 (d Dist. 1992). 

The tenant or their guests shall not disturb others with loud noise in any form that they are voluntarily creating. This shall include, but is not limited to, amplified music or other sounds, televisions, musical instruments, barking dog(s) and voices. Both tenant and landlord agree that noise related to the physical plant of the building itself shall not be considered a violation of ‘quiet enjoyment’.  

Voluntary noise generated by legal tenants or their guests must be kept at an acceptable level. An acceptable level shall mean that noise should not be heard through a common floor, ceiling or walls or through the apartment entry door. Noise above this level is considered too loud. Warnings shall be given by e mail or written notice. If the problem continues to generate complaints from other tenants after notice is given, then this is a violation of Illinois’s Quiet Enjoyment. By this lease, after such notice if noise continues, then this shall be grounds for eviction as per Illinois tort law outlined above.

14: The tenant shall arrange for the water and power to be placed in their name prior to taking possession and shall be responsible for all utility bills relating to the property during the entire length of this lease. The landlord shall pay for sanitary sewer fees. The landlord shall provide a dumpster on the ground floor for all the building tenants. The landlord shall contract with a licensed hauler to empty the dumpster regularly. Recycling totes are also available near the dumpsters which are also emptied once a week.

15: The landlord shall be responsible for paying the billings related to and from the Urbana-Champaign Sanitary District, property taxes, City of Champaign sewer fees, trash hauling, lawn mowing, insurance, and water shed drainage as well as periodic and incidental routine maintenance during the term of the lease. These shall be paid out of rents collected and if these prove insufficient out of other funds.

16: The landlord will provide one key and one entry FOB per adult tenant at the beginning of the lease. All keys must be returned to the landlord at the termination of the lease. The tenant is responsible for the safekeeping of the same and will pay a fee of $40.00 anytime the landlord or his agents are called to unlock tenant’s door. The tenant is strictly forbidden from lending their key or FOB to anyone not listed on this lease or from having copies of the keys made. ONLY THE LANDLORD MAY INSTALL LOCKS ON DOORS.

The landlord must have a key to all locks. Installation of a lock by lessee constitutes default under this lease. Please note the locks on the exterior doors of the building and each unit are expensive. The keying system is an expensive one. Only one company in the state of Illinois is licensed to install the system or make the keys. If a tenant loses a key or a FOB, the tenant must pay its replacement cost.

Entry FOBS, keys and mailbox keys must be returned by tenant on or before the end day and time of the lease. Returning these items is a necessary but not a sufficient act to constitute vacation of the unit. Vacation shall be mean and be satisfied by the returning of all these items and the arrival of the end time and date of the lease and no other meaning or definition.  

17: The tenant will pay a late charge anytime the entire rent is not received by the landlord by the fifth day of each month, holidays and weekends included. Rent is deemed late is not paid in full by 5:00 p.m. on the fifth of each month. When late, a fifty dollar ($50.00) late charge will be due immediately. After the 10th of the month, an additional $5.00 per day shall be added until both the rent and all late fees are paid. This charge is specific to cover the additional management costs required. Any partial funds paid shall first be paid to cover late fees outlined above and once these are paid then and only then shall they go to the rent owed.  

Rent for any partial month will be calculated by dividing 363 into the annual contract amount of the lease and then multiplying by the number of days in the partial month. Rent for any partial days will be charged at the full daily rate. Tenant’s check or money order receipt shall be the proof of payment. Rent shall be paid through the mail or by hand delivery at the rent drop box in the front entry foyer or in the second floor north hallway. These drop boxes are checked daily. Mailed rent checks are to be mailed to J2M2 LLC ,P. O. Box 587, Champaign, IL 61824-0587. Mailed rents shall be deemed on time if in the post office box on or before the 5th of the month. Rents paid by direct deposit shall be deemed to have arrived when J2M2’s bank states the funds are available for use.

18: Lessee’s liability is not limited to the amount of the security deposit. Lessee agrees that any balance of lessee’s security deposit remaining due to lessee shall be returned to lessee’s last known address within thirty (30) days after the termination of this lease. Returned shall mean the envelope it was mailed in has a post mark that is within the thirty day period. Lessee agrees that they are responsible for all damages to the property while the property is in their control if a tenant’s action or inaction was the precipitating cause of the damage. While the landlord’s insurance may cover the damage it does not exempt the tenant from this responsibility and obligation. By signing this contract the lessee affirms and agrees that they are obligated to pay all costs resulting from their or their guests’ actions or inaction or negligence even when this is above the amount of the security deposit.

19: Sublets are not permitted under this lease.

20: Tenant may be released from this lease contract prior to the end of the lease contract in one of three ways as may be applicable. 

A). The first is, if approved by the landlord, by paying to the landlord a one hundred dollar ($100.00) fee upon notification of move out date and providing to the landlord an acceptable new tenant approved by the landlord. However, the tenant of this contract still remains liable for the rent, utilities, damages, cleaning costs, and reasonable attorney fees of this lease until released by the landlord in writing. This is not a sublet. The new tenant must sign a new lease for the remainder of the term. 

B). If the tenant requests the landlord to assume the responsibility to search for a lessee replacement, then the requesting tenant shall be charged actual costs plus $750.00 even if the landlord is unsuccessful in finding a new lessee. The tenant of this contract still remains liable for the rent, utilities, damages, cleaning costs, and 

reasonable attorney fees of this lease until released by the landlord in writing. This is not a sublet. The new tenant must sign a new lease for the remainder of the term. 

C). A third option is for the tenant to buy out the lease. A buy out shall mean the tenant paying a quarter of the total contractual obligation as stated above, or if less than four months remain in the lease, paying the full amount of remaining rent due for the lease term. Upon making this payment and satisfying all other terms of this lease related to vacation, cleaning and returning keys, retiring other amounts owed etc., the landlord shall provide the tenant in writing a lease termination agreement.

In the case of a lease having been executed, the security deposit made and the rental property subsequently taken off the market in anticipation of the lessee occupying the property and then the lessee asks to be released from this lease prior to taking possession of the property, then the lessee buy out the lease When this obligation is satisfied the landlord shall provide the tenant in writing a lease termination agreement.

21: Any rent check returned by the bank due to insufficient funds will be charged a forty-five dollar ($45.00) fee payable at the time the check is redeemed.

22: The obligation of tenant to pay rent as provided for in this lease during its full term, or any extension hereof, or any hold over tenancy, shall not be deemed to be waived, released or terminated by the service of any five (5) day notice, demand for possession, notice that the tenancy hereby created will be terminated on a specified date, the institution of any action for forcible entry and retainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of tenant’s right to possession of the demised premises.

23: It is strictly agreed to by both the landlord and the tenant that without a new signed lease, no hold over and/or occupation either in person or by leaving of personal property or by failure to return keys of the unit shall be legal and is a violation of the lease. Therefore, it is agreed by both parties that it is just and proper that any such holdover be subject to a punitive penalty by contract.

Any holdover by lessee beyond the day and hour of the stated termination of the lease shall result in the creation of a day to day fee. Any partial day holdover shall be deemed a full day. The penalty for each day shall be calculated by taking the annual rent divided by 363 and multiplying by four. Both parties agree that this increase is specifically intended as a penalty for holding over as a holdover causes scheduling problems and additional costs for the landlord. Both parties agree and this is a just and proper amount to pay for any hold over by the tenant. By holding over lessee(s) explicitly and implicitly agree that said act waives all rights to dispute this fee. Holdover fees shall be due upon billing. This immediate foregoing in no way should be construed as granting of extension to the lease. Its sole purpose is to establish amount of the penalty if, in violation of the lease, a tenants holds over beyond a lease ending date. It does not constitute in any way an agreement that the lessee has any legal right to stay beyond the last day and hour of the end of the lease.

The lessee also agrees that by holding over, they are responsible for and owe all costs, direct and indirect, related to their act of hold over. These expenses shall include but are not limited to the cost of professionally storing the incoming tenants’ furniture and personal items and then delivering them to the unit at a later date, the costs of housing the incoming tenant in a hotel of the landlord’s selection during the lessee’s hold over and subsequent time required to prepare the unit for the incoming tenants, all costs incurred in changes to scheduling or increases to charges by service providers, and any lost rents. The lessee agrees that these costs are in addition to the day to day penalty of four times the daily rent amount.

24: The tenant shall provide sufficient heat at all times to prevent the freezing of water pipes on the premises. The tenant shall maintain water service, gas, and electricity in active service as of noon on July 30th and throughout the entire period of the lease. Whenever the outside wind chill falls to or below 15 degrees the tenant agrees to not set the thermostat below 68 degrees. If the tenant will be gone from the domicile during the heating season for a period longer than eighteen hours they shall notify the office so that maintenance can schedule a periodic visit to run water through the pipes.

25: Lessee agrees to procure renter’s insurance on personal property belonging to the lessee. Lessee agrees that lessor is not liable for loss or damage to personal property belonging to lessee and holds lessor harmless for any loss or damage to their personal property.

26. There shall be in the unit and provided by the landlord an electric kitchen range, a refrigerator, a microwave/hood, a dishwasher, a washer and a dryer. These are for the exclusive use of the tenants and shall not be used by others. Repairs to these appliances resulting from normal wear shall be the landlord’s responsibility. Damage caused by the tenant shall be charged against the tenant.

27: Lessee is responsible for providing window treatments on any window where there is none. Further lessee is responsible for maintaining in good clean condition all window treatments installed by lessor.

28: Tenant shall inform the landlord in writing prior to bringing any firearms onto the premises. All firearms on the premises shall at all times be unloaded and not displayed where it might be seized by someone other than the tenant. This last may be mitigated if a firearm is an antique, has had the firing mechanism removed or disabled; then it may be displayed in public. Any firearms on display shall be rendered fully inoperable by the complete removal of the firing pin. The tenant’s right to keep and bear arms is not infringed by this clause. This clause only requires that a firearm be unloaded and at all times under the control of the tenant.

29: The rental application is made a part of this lease. Any falsification on this application is good cause for eviction.

30: The tenant agrees that the act of leaving any and all personal items upon vacating the unit shall cause all such property to be deemed abandoned and the ownership rights to that property are immediately and forever transferred to the lessor without need for any compensation. Further still, by leaving such items on the property upon vacation of the property, the tenant asserts that they have exclusive control and rights of ownership over said property and therefore have the exclusive right to transfer that ownership to the lessor. Further still, the lessee agrees to defend solely at their expense, the landlord if any subsequent ownership dispute arises from this transfer of ownership. Further still, the tenant grants the lessor the right to dispose of such property. The tenant agrees that any costs incurred by the landlord in this disposal of the property left are the tenants solely to pay.

31: Should the tenant abandon the unit during the term of this lease, the landlord has the right and option to take immediate possession thereof for the remainder of the term and at the landlord’s discretion, remove all property, release the unit for such rent and under such terms as the landlord may see necessary and apply the proceeds to the balance of the rent due. By the act of abandoning the unit the tenant explicitly grants the landlord the right to dispose of any and all items left by the tenant. The tenant still remains liable for any unpaid balance of rent and for damages to the unit and for all hauling labor and landfill tipping fee charges and all reasonable fees required to collect money due. Lessee agrees to indemnify and hold harmless lessor from any and all liability, loss or damage the lessor may suffer as a result of claims, demands, costs or judgments against it arising from the removal and disposal of property.

32: If the tenant, anyone listed on the lease, or anyone the tenant or anyone listed on the lease has given permission to come onto the property is arrested while on the property or arrested off the property for illegal activity engaged in on the property or if illegal drugs or drug paraphernalia are discovered in the unit either by the landlord or any of his agents while performing activities granted in this lease, then there shall be good cause for eviction.

33: Landlord reserves the right to exclude any individual from the said premises in the event that the landlord, in his sole discretion, determines that presence of said individual constitutes a threat to the residents, the neighborhood, the property, and/or for the public good. In general, all individuals who have been convicted of the sale or possession of drugs, illegal firearms or stolen property, is listed on a sexual offender’s list maintained by any of the fifty states and/or criminal damage to property or vandalism are excluded from the property. Any such individual shall be deemed trespassing on the property.

34: The failure of the tenant to perform the foregoing covenants, or any one of them, shall constitute a breach of this lease and represents a good cause for eviction, and landlord may, under due process of law, evict tenant from said leased premises and may pursue any other remedy either at law or in equity.

35: In the event of default, lessee agrees to pay Court costs and attorney’s fees incurred by lessor in enforcing the terms of this lease as well as in collecting damages, cleaning, and repair costs.

36. All tenants liable to the landlord for payment of rent or performance under the terms and conditions of this lease will be jointly and severally liable for the full amount of payment or performance under this lease.

37: On or about January 1, 201_, the tenants will be asked in writing about their intentions as to renewing the lease for another lease year after the expiration of this current lease. The tenant will have until 5 p.m. on January 6, 201_ to confirm the tenant’s intentions regarding the 201_-201_ lease year. If the tenant commits to renew, then the tenant will soon thereafter be presented with a new lease to sign. The signed lease must be returned on or before January 12, 201_. Failure to renew with a signed lease by January 12, 201_ will mean that the unit will be advertised as available August 1, 201_ and showings will be scheduled as soon thereafter as possible. Notification of intent to not renew will mean showings will be scheduled as soon thereafter as possible.

38: This Lease constitutes the entire Lease between the parties hereto and none of the parties shall be bound by any promises, representations or agreements, either verbal or written, except as are herein expressly set forth or subsequently modified by a lease modification signed and dated by all parties.

39: Any words used herein shall be interpreted as singular or plural, and any pronouns used herein shall be interpreted as masculine, feminine or neuter, as the context requires.

40: All Exhibits attached hereto are made a part hereof by reference and are hereby incorporated in this lease as though fully rewritten at length

41: Tenant’s Certification. Tenants certify that they have read the entire contents of this lease and acknowledge receipt of a copy. Further still the tenants certify that they know that a sample copy of the lease is on the web site RDI.properties for review prior to signing. Yet further still the tenants certify that they were accorded ample time to review the lease, ask questions and in no way were coerced to sign the lease. It is expressly agreed that this is the only lease between tenant and landlord and no verbal agreement of any kind shall be binding on the parties here.

42: Both parties agree that the laws of Illinois, as well as any applicable federal statutes, shall govern all and any disputes related to this contract for leasing of a residential property. Further both parties agree that they waive their right to have the statutes of any other state to govern this contract or resulting legal action following from the use of any clause in this contract. Further both parties agree that all legal actions, other than those which might be in federal court, by either party related to this contract shall only and always be conducted in Illinois except to enforce rulings by an Illinois court. Both parties waive their right to conduct any and all legal actions related to this contract in any other state other than Illinois except for any action taken in a federal court or action required to enforce a ruling of an Illinois court. Both parties agree that all lawsuits instituted concerning this agreement shall be instituted in Champaign County, Illinois. Further both parties agree that they, except if appealing a ruling to a higher Illinois court or to enforce a ruling by a Champaign County Court shall not ever institute a lawsuit related to this contract in any other county in the United States of America. Further, both parties agree that good, valid, legal, sufficient service of any and all legal notices shall be delivery to the address listed on the signature page and that successful delivery of such notices shall be considered to be to post them on the door of the address listed on the signature page.

43: Integration Clause. The rights and remedies provided by this lease are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, or otherwise. If any provisions of this lease or any part of a provision of this lease shall be invalid or unenforceable under applicable law, such provision or part of a provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this lease. This lease is and shall be deemed made and entered into in Champaign, Illinois upon the signing and dating by both parties.

IN WITNESS WHEREOF:

 2. Vehicles without red mirror hanger tags parked in the surface lot are subject to being towed without notice.

 3. ALL TENANTS are urged to exercise good safety practices when parking in the surface lot. Your vehicle should always be locked, windows should always be up, and nothing except floor mats should be visible through the windows on the dash, seats, console, or floor boards.

 4. You are urged to make certain your personal insurance will cover any and all losses.

 5. You park in the lot entirely at your own risk. J2M2 LLC, its owners, its employees and its sub-contractors assume no liability.

 6. The tenant agrees that they shall defend, indemnify and hold J2M2 LLC, it owners, employees and sub-contractors harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the tenant parking in the surface lot behind 605 N. Neil, Champaign IL.

10. Mirror hanger tags shall be issued to tenants as follows:

11. Tenants use the surface lot at their own risk. J2M2 LLC assumes no responsibility for any event that results from parking in either location. J2M2 LLC makes no implied or overt claim as to the security or safety of these lots.