LANDLORD, The Maynard Stay, P.O. Box 440422, Somerville, MA, 02144 rents and the TENANT _______________________ hires the PREMISES at 1 Railroad Street, Maynard, MA 01754 consisting of ONE ROOM, at a RENT of $_______ per week, payable on Saturday of each week, in advance, the rental period commencing on, ___________.
Landlord rents to tenant the premises at the specified rent from rental period to rental period. This tenancy may be terminated by a written notice given by either party to the other before the first day of any rental period and shall be effective on the last day of that rental period, or seven days after such notice has been given, whichever is longer provided, however that in the event of any breach by Tenant of this agreement, Landlord shall be entitled to pursue any and all remedies provided or recognized by applicable law. This tenancy shall be under the following terms and conditions:
1. CARE OF PREMISES- The tenant shall not paint, decorate or otherwise embellish and/or change and shall not make nor suffer any additions or alterations to be made in or to the premises without the prior written consent of the Landlord, nor make nor suffer any strip or waste, nor suffer the heat or water to wasted, and at termination shall deliver up the premises and all property belonging to the Landlord in good, clean and tenantable order and condition, reasonable wear and tear excepted. No washing, air conditioning unit, space heater, clothes dryer, television or other aerials, or other like equipment shall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the premises.
2. CLEANLINESS- Tenant shall maintain the premises in a clean condition and shall not sweep, throw, or dispose of nor permit to be swept, thrown, or disposed of, from said premises not from any doors, windows, balconies, porches or other parts of said building, any dirt, waste, rubbish, or other substance or article into any other parts of said building or the land adjacent thereto, except in proper receptacles and except in accordance with the rules of Landlord.
3. DISTURBANCE, ILLEGAL USE- Neither the Tenant nor his family, friends, relatives, invitees, visitors, agents or servants shall make or suffer any unlawful, noisy or otherwise offensive use of the premises, nor commit or permit any nuisance to exist thereon, nor cause damage to the premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Landlord or other occupants of the same or any other room, nor make any use whatsoever thereof than as and for a private residence. No articles shall be hung or shaken from the windows, doors porches, balconies, or placed upon the exterior windowsills.
4. COMMON AREAS- No receptacles, vehicles, baby carriages or other articles or obstructions shall be placed in the halls or other common areas or passageways.
5. HEAT AND OTHER UTILITIES- The Tenant shall pay, as they become due, all bills for other utilities, presently separately metered. The Landlord agrees that he will furnish reasonable hot and cold water and reasonable heat (except to the extent that such water and heat are furnished through utilities metered to the premises as stated above) during the regular heating season, all in accordance with the applicable laws, but the failure of the Landlord to provide any of the foregoing items to any specific degree, quantity, quality or character due to any causes beyond the reasonable control of the Landlord, such as accident, restriction by City, Town, State or Federal regulations, or during necessary repairs to the apparatus shall not (subject to applicable law) form a basis of any claim for damages against the Landlord.
6. KEYS AND LOCKS- Landlord shall, within a reasonable period of time following receipt of notice from Tenant of such condition, repair or replace any defective exterior locks. Locks shall not be changed, altered, or replaced nor shall new locks be added by Tenant without written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant. Tenant shall promptly give a duplicate key to any such changed, altered, replaced or new lock to the Landlord.
7. LOSS OR DAMAGE- Tenant agrees to indemnify and save Landlord harmless from all liability, loss or damage arising from any nuisance made or suffered on the premises by Tenant, friends, relatives, invitees, visitors, agents or servants or from any carelessness, neglect, or improper conduct of any of such persons. Subject to the provisions of applicable law. Landlord shall not be liable for damage to or loss of property of any kind while on the premises or in any storage space in the building nor for any personal injury, unless caused by negligence of Landlord.
8. PARKING- Parking on the premises is subject to Landlord approval and is limited.
9. PETS- No dogs or other animals, birds, or pets shall be kept in or upon the premises.
10. PLUMBING- Water closets, disposals, and waste pipes shall not be used for any purposes other than those for which they were constructed, nor shall any sweepings, rubbish, rags, or any other improper articles be thrown into the same.
11. REPAIRS- Tenant shall at all times keep and maintain the premises and all equipment and fixtures therein or used therewith repaired, whole and of the same kind, quality and description and in such good repair, order and condition as at the commencement of occupancy, or as may be put in thereafter, reasonable wear and tear and damage by unavoidable casualty only excepted. Landlord and Tenant agree to comply with any responsibility, which either may have under applicable law to perform repairs upon the premises. If Tenant fails within a reasonable time to make such repairs or improperly makes such repairs, then and in any such event, Landlord may (but shall not be obligated to) make such repairs and Tenant shall reimburse Landlord for the reasonable cost of such repairs in full, upon demand.
12. RIGHT OF ENTRY- The Landlord may enter upon the leased premises in case of emergency, to make repairs thereto, to inspect the premises, to collect rent, or to show the premises to prospective tenants, purchasers, insurers, or mortgagees. The Landlord may enter upon the said premises if same appear to have been abandoned by the Tenant or as otherwise permitted by law.
13. OCCUPANCY OF PREMISES- Tenant shall not assign nor underlet any part or the whole of the premises, nor shall permit the premises to be occupied for a period longer than a temporary visit by anyone except the individuals specifically named in the first paragraph of this tenancy, their spouses, and any children born to them hereafter, without first obtaining on each occasion the assent in writing of Landlord.
14. NOTICES- Written notice from the Tenant to the Landlord shall be deemed to have been properly given if an online request has been entered at http://experialproperties.com or mailed by registered or certified mail, postage prepaid. return receipt requested, to the Landlord at his address set forth in the first paragraph of the agreement, unless the Landlord shall have notified the Tenant of a change of the Landlord’s address, in which case such notice shall be sent to such changed address of the Landlord, provided that the receipt has been signed by the Landlord or anyone expressly or impliedly authorized to receive messages for the Landlord. Notwithstanding the foregoing, notice by either party to the other shall be deemed adequate if given in any other manner authorized by law.
15. LANDLORD- Landlord shall not be personally liable to anyone under any term, condition, covenant, obligation, or agreement expressed herein or implied hereunder or for any claim of damage or cause at law or in equity arising out of the occupancy of said premises, the use or the maintenance of said building or its approaches and equipment.
16. LEGAL FEES- In the event that the Landlord is required to initiate legal action to enforce any of the terms and conditions hereof, including, but not limited to eviction proceedings and rent collection actions, Tenant agrees to pay for such costs, upon demand, including, but not limited to attorney’s fees, court costs, constable and sheriff services, moving and storage charges, and any other costs incurred.
17. RETURN CHECK CHARGE- Tenant agrees to pay a fee of $50.00 for any checks that are returned from the bank unpaid.
18. REPRISALS PROHIBITED- Landlord acknowledges that provisions of applicable law forbid a landlord from threatening to take or taking reprisals against any tenant for seeking to assert his legal rights.
19. COPY OF AGREEMENT- Tenant acknowledges receiving a copy of the within agreement (Tenancy at Will agreement).
20. RENT COLLECTION- Tenant acknowledges that Landlord will collect the rent each Saturday. Tenant can pay online at http://experialproperties.com or onsite by using the check deposit drop (only check or money order are accepted). If the rent is overdue, then the Landlord may enter the room each and every day thereafter to collect the rent and Tenant acknowledges that he/she has been so notified. If the then current weeks rent has not been received by the following Friday and the Tenant has not notified the Landlord in writing, or in person, to the contrary, than the Landlord will presume that the Tenant has vacated and abandoned the room and will remove and discard any items left in the room.
21. SECURITY DEPOSIT- Security deposit monies, if any, will be held in the Citizens Bank account #xxxxxxxxxx. Interest that has accrued will be paid at the end of the tenancy. Tenant may not elect to use security deposit as last week’s rent.
22. NO SMOKING - Smoking is not allowed in any of the premises by tenants or guests.
23. HOUSE RULES- The Tenant agrees to abide by the following rules;
· All building entrance/exit doors are to be locked at all times.
· Any cars parked in the driveway will be towed.
· Do not leave any personal property in halls, bathrooms, kitchen, porches or any common area.
· Please clean common areas (bathrooms, kitchen or common room) after use.
· Quiet hours are to be observed by all tenants from 11pm to 7am daily. The kitchen and laundry machines are open from 6:30 a.m. to 10:30 p.m. No dishes, pots or laundry items are to be left in kitchen. All unidentifiable items will be discarded.
24. ADDITIONAL PROVISIONS
· Use of a surge suppressor is required if extension cords are used.
· Use of heat generating appliances (hot plates, toasters except excluding microwaves) is absolutely forbidden as use of these appliances violates state fire codes.
· No loud radios, stereos, televisions or parties are permitted.
· Large appliances (e.g. A/C) are subject to additional weekly fees.
· Each tenant is limited to use of one micro-refrigerator per room. Each tenant agrees to allow access for periodic cleaning of his or her unit.
· Replacement keys cost $20
· Double occupancy is subject to additional fees
_______________________________________________ _______________________________________________
TENANT(S)
_______________________________________________
LANDLORD/AGENT