25C-200 (6) THIS LEASE INCLUDES: (1)A SECURITY DEPOSIT / LAST MONTH'S RENT
RECEIPT, (2)A STATEMENT OF CONDITION, (3) GUARANTOR
AGREEMENT(S) WHEN REQUIRED, WHICH ARE INCORPORATED HEREIN BY
THIS REFERENCE AND FORM AN INTEGRAL PART HEREOF. TOGETHER THEY
CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES. THERE ARE NO
ORAL AGREEMENTS.
The undersigned acknowledges receipt of (1) an executed copy of
this lease, (2) a Security Deposit/Last Month' s Rent Receipt,
and (3 ) a Statement of Condition.
In Witness Whereof the parties hereto interchangeably set their
hands and their seals this _ day of
2
LESSEES : LESSOR: Eric Chapin
By:p,
A thorized_ Representative
� t,L� u Harlow Properties
Dated: c� 30 -O Dated: t-
including but not limited to claims under G.L.c111 s . s . 127 et
seq. , G.L.c186 s . s . 11, 12 , 14, 15B, 15F, 18 or G.L.c 239 s . s . 1
et . Seq. , must be only brought in the Hampshire County District
Court or Hampshire County Superior Court, or any Housing Court
established for Hampshire County. The Lessee specifically
acknowledges that any claim involving the Landlord/Tenant
relationship or the Leased Premises is an action concerning
property located in Hampshire County. Venue of all . such claims
must be heard in Hampshire County.
13 . WAIVER OF SUBROGATION: Each party waives any and every
claim which arises or may arise in its favor and against the
other party hereto to anyone claiming through or under them, by
way of subrogating or otherwise, during the term of this lease
agreement and all loss or damage to, any of its property
(whether or not such loss or damage is caused by fault or
negligence of the other party or anyone from whom said other
party may be responsible) which loss or damage is covered by
valid and collectible insurance policies, to the extent that
such loss or damage is recovered under said insurance policies .
14 . ACTS OR OMISSIONS AND ACTS OF GOD: The Lessor and its
employees, agents or assigns or any of them shall not be
responsible or liable to the Lessee (s) , sublessees, their
guests, invitees or others on the property with their
permission, for any personal injury, loss, or damage that may
occasioned by or through the acts or omissions of other
Lessee (s) , sublessees, tenants, their guests or invitees or
others on the property with their permission, or as trespassers .
Lessor shall not be liable to Lessee (s) or Lessee (s) guests,
invitees or others for any loss whatsoever which they may
sustain by damage to personal property or personal injury
growing out of any cause or causes whatsoever, including but not
limited to loss suffered by Acts of God, fire, loss from vermin
or bugs, wind, rain, snow or other elements, except if the
negligence or intentional acts of Lessor or its agents is the
proximate cause of such loss .
15 . RULES AND REGULATIONS: Lessee (s) agree to obey the Rules and
Regulations of Lessor/Agent . A current copy of the Rules and
Regulations, if any, are attached hereto. The Rules and
Regulations may be amended by Lessor/Agent at any time, and
Lessee shall obey them as so amended.
16 . SEPARABILITY: If any provision of this Lease is held
invalid, the remainder of this Lease shall not be affected
thereby and shall remain in full force and effect .
parked on the grass, unless permission to park on grass is given
in writing by Lessor, may be towed at the owner' s expense
without additional notice. No vehicles may be repaired or
stored on the premises .
8 . RECISION: If the Lessor shall be unable to give Lessee (s)
occupancy of the premises at the commencement of the tenancy for
any reason or if damage by fire or other casualty renders the
premises uninhabitable, then this lease shall terminate at the
election of either party upon written notice. Lessor shall be
under no obligation to make available to Lessee any apartment
other than the apartment specified in this Lease Agreement .
9 . NOTICE: Notice to the Lessor shall be deemed given if mailed
or delivered to the above address . Notice to the Lessee (s)
shall be deemed given if mailed or delivered to the Lessee (s) or
anyone authorized to be at the address of the premises . All
notices must be in writing. Oral notices are not effective as
notice.
10 . EVICTION AND COLLECTION: All eviction and collection
proceedings shall be in accordance with Massachusetts law. If
this lease is terminated for breach of terms or in the event of
litigation, the prevailing party may recover its costs and
attorney' s fees actually incurred. The Lessor is deemed to be a
prevailing party if the Lessor initiates valid legal action for
a breach of any Lease term, and the Lessee (s) cures such breach
prior to a Hearing and then fails to appear for said Hearing or
signs an Agreement that will be entered as Judgement of the
Court admitting liability for rent owed or a violation of the
lease. The Lessee (s) shall pay all costs associated with the
collection of rent over 30 days past due.
11 . RENEWAL: Lessee (s) shall indicate in writing, no less than
90 days prior to the end of his/her lease term, of Lessee' s wish
to renew the lease for an additional lease term. Lessee (s) '
indication of Lessee' s desire to renew shall not bind Lessor to
renew this lease. Upon Lessee (s) ' failure to sign a new lease
as stated above, and/or Lessee fails to vacate at the end of
this lease term, then Lessee shall be obligated to pay use and
occupancy in an amount equal to the amount for which Lessee (s)
has received prior written notice, which amount may be increased
with additional notices . If no notice is given prior to the end
of the Lease term, then the amount shall be $25 over the last
proposed lease rent . Nothing in this provision shall create a
tenancy at will, nor obligate the Lessor to give Lessee any
additional notice to vacate as Lessee, upon holding over, is
solely a Tenant at Sufferance.
12 . CHOICE OF FORUM (Jurisdiction) : All disputes, claims or
other court actions concerning the Landlord/Tenant relationship,
notice thereof to the Lessees) except as required by law, and if
law is not specific, fourteen (14) days notice to Lessee(s) shall
be deemed sufficient.
If this lease is breached by the Lessee(s) and the Lessor elects
to terminate the Lessee(s) right to occupy the premises as a
result of said breach, not withstanding any entry or re-entry by
landlord, whether by summary proceeding, termination or
otherwise, Lessee(s) shall be liable for all rental obligations
that accrue under this lease if the premises remain vacant, or
for the difference in the rental charges in any new tenancy,
until the end of this Lease term.
5 . LESSOR OBLIGATIONS : The Lessor agrees :
A. to maintain in good and safe working order the electrical,
plumbing, sanitary, heating and other facilities and
appliances supplied by the Lessor;
B. to maintain and make all repairs within premises;
C. to collect rents; and
D. to comply with all applicable local and state laws, codes and
rules .
6 . ASSIGNMENT and SUBLETTING: Only with prior written assent of
the Lessor, which assent may be granted or withheld at Lessor' s
sole and absolute discretion, may the Lessee (s) assign or sublet
the premises during this lease. All assignees or sublessees
must provide all forms, information and meet all standards and
requirements of an acceptable Lessee applicant prior to
acceptance or occupancy. The Lessor shall not be required to
- - release any_ Lessee during the lease term and acceptance of any
sublessee shall not release Lessee (s) from their contractual
obligations under this lease unless expressly released by Lessor
in writing. Lessor may recover actual costs of up to one half
of one month' s rent for such assignment or subletting from the
Lessee (s) . No person other than Lessee (s) , or Lessee (s) ' s
children, are permitted to reside on the premises, nor shall
Lessee' s receive mail for or post the names of non-occupants on
the mailbox. Payment of rent by an occupant or stranger not a
party to this Lease Agreement shall not constitute either an
acknowledgement of that person as an occupant or Lessee. Any
money so tendered is accepted solely on behalf of the named
Lessee (s) . The Lessee designates all occupants on the premises
as the Agent in Fact of Lessee .
7 . AUTOMOBILES: The Lessee (s) may park _2 lawfully
registered, inspected and operational passenger automobiles in
the parking areas which display an appropriate parking sticker,
if applicable to said property. Vehicles violating this or
other posted parking rules or other rules distributed to Lessees
during the lease term or impeding snow removal or access or
such violation shall terminate the Lessee' s right to occupy
without any notice to Lessee (s) .
L. To prohibit kegs of beer from the units and all common areas,
including hallways; violation of this provision constitutes a
full and complete violation of this lease.
M. To conserve energy and costs shared by all, through
reasonable use of all facilities, common areas and utilities .
N. Storage Area: Property of the Lessee (s) may be placed in the
storage area if available, entirely and exclusively at Lessee' s
risk. No storage is allowed in any other areas than those
provided; this includes attics, basements and outside sheds and
garages, if not specified: the storage area is NOT included as
part of the leased premises and is a convenience offered when
available . No occupancy or living in these areas is permitted.
Any property in the storage area after the Lessee' s occupancy
terminates may be treated as abandoned property, removed and
disposed of at Lessee' s expense; Lessor is not liable for any
damage caused to Lessee' s property in storage areas, including
but not limited to, damage from water, moisture, dust, heat or
sun.
0. Porches, halls, entryways, stairwells, stairways, attics,
cellars or other common areas are NOT storage areas unless so
designated in writing. Storage in these areas is not permitted.
Personal property placed in these areas may be disposed of at
Lessor' s option at Lessee' s expense.
P.. To not trespass or enter upon roof (.$) of Leased_ Premises,
except as means of egress in the event of fire or othek similar
emergency. Any entry upon roof (s) by Lessee'-(s) , Lessee' s family
or guests is a violation of the lease and constitutes grounds for
eviction.
Q. To remove all personal property at the termination of the
Tenancy. Personal property or furniture may only be left in the
Leased Premises for the next occupants with the prior written
assent of Lessor and signed approval of both the present Lessee
and subsequent occupant. Any property left without such signed
agreement shall be treated as abandoned property, the removal of
which shall be at Lessee' s expense.
Failure to observe any provisions of this Lease shall operate to
TERMINATE THE RIGHT TO OCCUPY UNDER THIS LEASE for breach
thereof, at the sole option and discretion of the Lessor (and
waiver of any breach at any time shall not constitute a waiver of
any subsequent breach) and the Lessor is not required to give
These items are provided as a convenience and not as a part of
the tenancy. If during the term of this lease or any extension
or any Tenancy-at-Will that may exist after the term of this
Lease, any of the above items fails to operate or requires
repairs or replacement, Lessor, at Lessors sole and absolute
discretion, may repair, replace or not without any diminution of
value or rent for the premises . Lessees are obligated to notify
Lessor of any problem with the smoke detector, its maintenance,
its condition, and its operation during the period of this
lease .
H. No pets are allowed on the premises . Any animal on the
premises may constitute grounds for eviction. All consequences
of any animal on the premises shall be the responsibility of the
Lessee (s) including carpet cleaning and fumigation if required;
if infestation occurs, Lessee shall be responsible for costs of
cure and any loss of rent for unit or other units in building.
I . To expressly respect the rights and needs of other Tenants
and neighbors (including Lessor if Lessor is a neighbor) to the
quiet and peaceful enjoyment of their property, and not to
create or allow to be created by the Lessee (s) , members of the
Lessee' s household, relatives, guests, invitees or agents, any
unlawful, noisy or offensive use of the leased premises, nor to
commit any disturbance or nuisance, or to obstruct the free use
or access of common areas or to threaten or bother any other
Tenant, neighbor, guest, maintenance worker, Lessor or
management personnel . The receipt or observation by the Lessor
of a complaint regarding noisy or offensive conduct or other
violation of this provision during the term hereof shall
constitute sufficient grounds for eviction at the option of the
Lessor.
J. Limit on Gatherings: No gatherings of over 12 people in the
unit or common areas are permitted; Lessor is not liable for the
conduct, actions, transportation to or from any party or
gathering, or damages by the Lessee' s, invitees, their guests,
whether invited or not to such gatherings; Lessee (s) assumes
full and complete responsibility and liability for all damages
to the unit, to the Lessee, their invitees, or to guests,
whether specifically invited or not .
K. To prohibit the sale of alcohol beverages, and to prohibit
the use of alcoholic beverages to visitors and guests not of
legal age or intoxicated, and to prohibit the use and sale of any
narcotics or other controlled substances in the unit, common
areas or on the premises by Lessee (s) , Lessee' s family or guests
(whether specifically invited or not) . Violations of this
section shall immediately terminate the tenancy pursuant to
M.G.L.c 139s . s . 19 or any other similar state or federal law. Any
Lessee shall carry adequate insurance coverage for all losses or
damage to Lessee' s personal property ;
D. To keep the yard and common areas in a neat and safe
condition, and to furnish and pay for;
Landlord Obligation Tenant Obligation
Heat _X_
Electricity _X_
Oil
Gas _X_
Air conditioner (if permitted) _X_
Cablevision _X_
Water & sewer _X_
Garbage pick-up _X_
Snow Removal _X_
Lawn Care _X
and to pay all costs associated with said tenant obligations; to
place garbage and refuse in containers and to prevent any
unsanitary conditions from arising on the premises ; and to abide
by all local and state health, sanitary, recycling and refuse
disposal regulations; Lessee is to be responsible for all fines
or damages to Lessor as a direct result of Lessee's failure to
abide by said regulations. Lessee' s failure after warning to
conform to refuse collection or mandatory recycling regulations
of the town or state, upon second or subsequent violation, shall
constitute good and sufficient grounds to terminate lease .
E. To give prompt notice to the Lessor of any maintenance or
repairs in writing or by telephone, and to notify the Lessor of
an absence of more than one (1) week during the heating season.
Any damage that is caused by Lessee (s) failure to timely notify
Lessor shall be an expense chargeable to Lessee (s) as delineated
in paragraph 4 (b)
F. To make no alteration, painting application, addition,
repair or improvement in or to the premises without prior
written permission of the Lessor and also to refrain from
excessive use of nails and to refrain from any use of tape, to
suspend or hang any decorative or practical items .
G. To use all appliances and fixtures provided by the Lessor in
the proper manner and not to add or relocate any appliances or
equipment without the prior written permission of the Lessor and
to prohibit waterbeds, washing machines, air conditioners, space
heaters, burglar alarms, clothes dryers, lawn mowers, television
antennas or aerials, shutters, or similar furnishings from the
premises without Lessor' s prior written consent, which may be
granted or withheld at Lessor' s sole and absolute discretion.
and is incorporated herein by this reference. Lessee (s)
accept (s) the premises in as-in condition, being in good order
and repair, unless otherwise indicated. The Lessee (s) agree (s)
to be responsible for any damage caused to the premises by the
Lessee (s) or by any person under the control of the Lessee (s) or
any person on the premises with the consent of the Lessee (s) ,
reasonable wear and tear excluded. Damage shall include stopped
drains resulting from any insoluble materials being -pl4ced in the
drains or sewage system. Lessee shall not paint or otherwise
redecorate or make alterations to the lawns or shrubbery. The
Lessee (s) agree (s) to be responsible for the maintenance of heat
to prevent frozen pipes which during the heating season shall
mean maintaining a minimum heat in the house of 60 degrees, and
any damage caused thereby. The Lessor shall have the right to
enter and inspect the premises and to make repairs or necessary
improvements and to show the premises to prospective tenants or
purchasers . The Lessor or its representative shall arrange for
access with the Lessee (s) in advance so as not to unreasonably
disturb the Lessee(s) , however, .Lessee(s) must make all
reasonable accommodations to allow Lessor to perform repairs and
maintenance. In emergencies and to effect urgent repairs,
advance notice shall not be required.
Lessor shall have the right to enter and show the premises
to prospective purchasers at any time during the lease term or to
prospective tenants during the last 90 days of the lease term or
if Lessee (s) are in default of any provision of this lease.
Lessor or lessor' s representative shall give Lessee (s) reasonable
notice prior to showing the premises; 24 hours notice shall be
deemed reasonable notice unless Lessee (s) assents to another
reasonable time to show the leased premises within that period.
Failure of Lessee (s:) to allow access for any of the above stated
reasons shall constitute full and substantial grounds to
terminate the Lease upon (7) seven days notice.
In addition, Lessor shall be entitled to access upon twenty-
four(24) hours notice to Lessee to perform necessary
exterminations or maintenance.
4 . LESSEE OBLIGATIONS:The Lessee (s) jointly and severally
agree (s) :
A. To pay the rent on time, on or before the 15t day of the
month, and to use the premises as a residence and not a business
in compliance with all applicable laws and codes;
B. To maintain the premises and common areas in a clean, neat
and undamaged condition at all times, and to pay for damage
caused to the premises and its common areas within five (5) days
of receipt of the itemized statement of such damage and the cost
to repair it. Damages caused by Lessee (s) , Lessee' s family or
their guests to the premises may constitute sufficient grounds to
terminate the tenancy at the sole option of the Lessor;
C. To be liable for any loss or damage to personal property of
the Lessee (s) except if caused by Lessor' s gross negligence;
LEASE AGREEMENT
Eric Chapin hereinafter referred to as (Lessor) with an
agent, c/o Harlow Properties, 73 Main Street, Amherst, MA 01002 ,
telephone (413 ) 256-3442 , hereby rent (s) to the undersigned
Lessees said premises, 2 1/2 Linden St, Northampton, MA on the
following terms and agreements :
1A. TERM AND RENT:Commences upon payment and clearing of all
checks required for the first month' s rent and security deposit
and delivery of the premises on or after 09/01/01 and continuing
on as a tenancy-at-will subject to a 30 day notice by either
party. The total monthly rent due is $750 . 00 plus any costs or
payments required to be paid by Lessee under this lease; payments
are due on the first day of each and every month of said term.
Costs or other payments required under this lease are considered
to be part of your rent. Payments made to Lessor when costs or
other payments required by this lease are outstanding shall be
accredited to those outstanding costs with any remainder then
accredited to the monthly installment amount specified above.
Any payment received from a Lessee shall only be accepted, if at
all, on behalf of the Lessees and shall not constitute any
relationship or tenancy with said party. In the event any amount
payable by Lessee is not received by Lessor within thirty days of
the due date, then Lessor may asses a late fee in the amount of
5% of such late or defaulted payment. Lessor may assess an
administrative fee of $25 for any check returned to Lessor for
insufficient funds .
1B. JOINT AND SEVERAL LIABILITY:All obligations of' the .Lessees
are joint and several and may not be waived or apportioned except
by written assent of the Lessor. Lessor may recover any
outstanding rent, use and occupancy, damages or other monies owed
as a result of the tenancy from any one or all Lessees at
Lessor' s sole option.
2 . SECURITY DEPOSIT, LAST MONTH' S RENT AND GUARANTOR:The forms
relating to Security Deposit, if any, are attached hereto and
incorporated herein by reference. Guarantor form(s) (co-signer
form) , if required, is/are attached hereto and incorporated
herein by reference. Security Deposits and Last Month' s Rent and
money remaining, shall be returned to all Lessees in the form of
one check made out to all Lessees and tendered to Lessees
designated agent . If Lessees do not designate only one
individual to receive the security deposit return, Lessor may
tender such security deposit to any of the Lessees at Lessor' s
sole discretion.
3 . INSPECTION, DAMAGE and REPAIRS:A separate written statement of
the condition of the premises has been issued to the Lessee (s)
E
� HARLOW PROPERTIES
et
73 Main Stre ��� ARL
Professional Property
Amherst, MA 01002 Management Services
(413)256-3442 0E�RTFAMPTON,MA 01060
Fax (413)253-0799
email jeanne@harlowproperties.com
Web Page http://www,harlowproperties,com
September 4, 2001
Building Commissioner
212 Main St
Northampton, MA 01060
Dear Sir:
I am the property manager for 2 1/2 Linden St, Northampton owned b
Chapin asked me to forward a copy of the lease for that a y Eric Chapin. Mr.
partment which I have enclosed.
If you need additional information or access to the building please call m
earliest convenience. y office at your
Sincerely,
-�'ennifer acWilliam Glover