SHORT-TERM LEASE AGREEMENT
State of New York
This Short-Term Lease Agreement (hereinafter “Agreement”) is entered into and made effective as of the date set forth at the end of this document by and be between the following parties: CHRIS LASTOVICKA (hereinafter referred to as “Lessor”), having an address at the following:
121 Thurston Ave.
Ithaca, NY 14850
and the following Guest (hereinafter referred to as “Guest”): JAMIE HAGEN residing at the following:
Belfast, Ireland
Lessor and Guest may collectively be referred to as the “Parties.”
In consideration of the obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do contract and agree as follows:
Article 1 – GRANT OF LEASE
Lessor hereby leases unto Guest, and Guest hereby rents from Lessor, the real property located at the following address:
121 Thurston Ave
Ithaca, NY 14850
(hereinafter referred to as “Property”). The Property is located in the following county: Tompkins County. The property is furnished and includes the following:
Bed (full), bedsheets, pillow, pillowcase, blankets, bath towels, hand towel, washcloth, desk, lamp, shelf, closet, kitchen utensils and cookware, full bathroom, use of living room and dining room, laundry, kitchen, outdoor porch
The Parties hereby contract with each other to lease the Property based on the terms and conditions contained herein.
Article 2 – TERM OF LEASE
This Agreement shall begin on October 1st, 2023 at TBD (hereinafter referred to as the “Check-In Date”) and end on November 1st, 2023 at TBD (hereinafter referred to as the “Check-Out Date”). The time period of the Check-In Date to the Check-Out date shall hereinafter be referred to as the “Term.”
Guest must vacate the Property by the Check-Out Date, unless Lessor and Guest mutually agree in a signed writing to extend the Term of Guest’s rental of the Property.
Article 3 – RENTAL RULES
Guest agrees to abide by the following rental rules (hereinafter “Rental Rules”) at all times during Guest’s stay at the Property. Guest shall also ensure that any person Guest permits on the Property shall also abide by the rental rules:
1. Guest must not smoke on property, or leave candles, stovetop, or space heater unattended
2. Guest must not use more than standard use of electricity (i.e., must not use house to charge an electric vehicle or operate an excessive number of electric devices beyond the norm of computer, phone charger, lamps, etc.)
3. Guest must be considerate of housemate(s) such as avoiding dishes piling up, leaving clothes in washer or dryer, excessive noise, and similar
4. Guest must inform lessor promptly of any maintenance issues such as leaks
5. Guest must not flush anything down toilet other than toilet paper, or dump anything down drains other than water. If guest accidentally does so, must inform lessor promptly.
6. Guest must be mindful and considerate of housecat, and must not let cat outside or feed cat anything other cat food and cat treats
7. Guest is encouraged to let lessor know if anything is affecting their well-being in case it can be addressed
8. Guest is encouraged to make house feel like home and to communicate consciously with lessor/housemate(s)
Article 4 – RENTAL RATES & FEES
Guest shall be required to pay the following rental fee per month: $850 (eight hundred fifty US dollars).
Rental fees will be due as follows:
Fee is due upon move-in. Can be paid via Venmo, Zelle, cash or similar
Article 5 – ACCESS
Under the terms of this Agreement, access to the Property by Lessor may be undertaken as follows:
A) The Guest shall not unreasonably withhold consent to the Lessor to enter the dwelling unit from time to time in order to inspect the Property; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
B) Lessor may enter the dwelling unit at any time for the protection or preservation of the Property. Lessor may enter the dwelling unit upon reasonable notice to the Guest and at a reasonable time for the purpose of repair of the Property. ‘Reasonable notice’ for the purpose of repair is notice given at least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. Lessor may enter the dwelling unit when necessary for the further purposes set forth above under any of the following circumstances:
I) With the consent of the Guest
II) In case of emergency
III) When the Guest unreasonably withholds consent
C) The Lessor shall not abuse the right of access nor use it to harass the Guest.
Article 6 – TERMINATION
Should Guest violate any of the terms of this Agreement, Lessor shall be able to terminate the Parties’ relationship and this Agreement immediately and without notice. Guest waives any and all rights under this Agreement upon any violation or breach. Guest shall vacate the Property immediately upon Lessor’s request. If Lessor finds any damage to the Property, which amounts to a monetary cost of more than any given security deposit or rental fees, Lessor shall be permitted to seek all legal avenues for recovery.
Additionally, Guest may not terminate this Agreement agreement prior to the date of termination denoted herein. If Guest vacates, abandons, or otherwise leaves the Property prior to the agreed-upon Check-Out Date, Guest is still responsible for all payments due until the natural termination of this Agreement on the Check-Out Date. Lessor may terminate this Agreement for any reason by giving Guest 5 (five) days written notice or another time period which is reasonable under the circumstances of the rental.
Article 7 – MAINTENANCE & REPAIR
Guest shall maintain the Property in a good and clean manner and use the premises lawfully. Guest shall leave the Property the way Guest found it at the beginning of this Agreement. If Guest has left the Property in any way that requires additional maintenance and/or repairs, Guest hereby agrees to pay for such maintenance or repairs. Additionally, Guest agrees that if there is any delay in everyday maintenance or repairs for reasons beyond Lessor’s control during the term of this Agreement, this shall have no effect on Guest’s obligations under this lease.
Article 8 – ADDITIONAL GUESTS
Guest may be permitted to have additional overnight visitors to the Property, but is required to obtain permission from Lessor prior to any stays. An additional monetary amount may also be charged.
Article 9 – PERMITTED USES
The Property shall be used and occupied solely in the following manner:
________
Article 10 – PET POLICY
Any and all pets or companion animals, with the exception of service animals as dictated by applicable state and federal law, are prohibited under the terms of this Agreement.
Article 11 – SMOKING
Smoking shall not be permitted anywhere on or in the Property.
Article 12 – TRASH
Guests shall dispose of trash in the following place and manner:
Guests shall put trash in trash cans. Guests shall not flush trash down the trash or down any drains. Guests shall not leave food open and lying around overnight such as pizza boxes.
Article 13 – EXTENDED GUESTS
Guest may not be permitted to have extended overnight guests or those that have de facto moved onto or into the Property. Violation of this provision shall be considered breach of this Agreement. Extended guests include those whose stay lasts longer than the following: 3 nights
Article 14 – SHORT-TERM SUB-RENTAL
Guest is not permitted to place the Property up for any short-term rental, including through online vacation rental sites.
Article 15 – USE OF PROPERTY
Guest hereby expressly acknowledges and agrees that this Agreement is only for transient occupancy of the Property, and Guest does not intend to, nor is Guest permitted to, make the Property a residence or permanent household.
Article 16 – FIREARMS
Guest is not permitted to have any firearms or other flammable or hazardous materials on the property, such as fireworks.
Article 17 – ILLEGAL USE
Guest shall not use the Property for any illegal purpose, including but not limited to illegal drug use, harboring a fugitive, prostitution, or abuse of any person or animal. If Guest is found to be engaging in any illegal activities on the Property, this shall be cause for immediate termination of this Agreement.
Article 18 –FIRE ALARMS
If Guest notices any deficient activity, such as beeping, from any fire alarm on the Property, Guest shall notify Lessor immediately. Otherwise, Guest shall not tamper with any fire alarms or smoke detectors on the Property.
Article 19 – SHORTENED STAY
Lessor shall not be responsible for any shortened stay of Guest, including by reason of bad weather or other frustration of Guest’s particular purpose. Guest shall continue to make payment until the agreed-upon Check-Out Date in this Agreement.
Article 20 –TELEPHONE USAGE
The Property may be equipped with a telephone. If it is, long-distance calls must be charged to a credit card, billed to Guest’s home number, or made in conjunction with a long-distance calling card. If not, any long-distance charges will be billed to Guest, in addition to a minimum handling fee of $10.00.
Article 21 – INTERNET
Access to the Internet has been provided in the Property as a courtesy and convenience for Guest. Guest hereby acknowledges and agrees that internet access is not integral to this Agreement. No refund of any payment or fee shall be given in case of Internet outages, speed, or access problems.
Article 22 – COOKING
Guest may only cook in the areas that are designated as such, such as a specific kitchen area. Guest is not permitted to create or maintain any open fires.
Article 23 – LOCKS
Guest shall not alter or replace any locks on the Property without the written consent of Lessor. Guest shall also not add any new locks on the Property without the consent of Lessor. If Guest installs any additional locks (with Lessor’s consent), the locks shall stay on the Property at the expiration of the Agreement and will become part of Lessor’s Property.
Article 24 – HAZARDOUS MATERIALS
Guest agrees not to keep any hazardous item on the Property, whether chemically dangerous or otherwise lethal or that might be considered hazardous by any legitimate insurance company.
Article 25 – UTILITIES
Lessor shall be responsible for arranging and paying for all utilities.
Article 26 – QUIET ENJOYMENT
Lessor hereby acknowledges and agrees that so long as Guest pays timely fees and continues to perform his or her obligations under this Agreement, Lessor will not interfere with Guest’s peaceful use and quiet enjoyment of the Property.
Article 27 –HABITABILITY
The Property will be made available in a condition permitting habitation, with reasonable safety.
Article 28 – ALTERATIONS & IMPROVEMENTS
Guest shall not make any alterations, additions or improvements or do any type of construction to the Property.
Article 29 –ASSIGNMENT & SUBLETTING
Guest is not permitted to assign or sublet this Agreement without the prior written consent of Lessor. Guest may also not grant any license to use the Property or any part of the Property without the prior written consent of the Lessor. If Lessor consents to any one assignment, sublet or license, this shall not be deemed a consent to any subsequent such request. Any assignment, sublet or license without Lessor’s prior written approval shall be null and void and shall, if Lessor chooses, terminate this Agreement.
Article 30 – INDEMNIFICATION
Lessor shall not be liable for any damage or injury to Guest or Guest’s invitees, licensees or other guests on or in the Property and Guest hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature.
Article 31 –MATERIALITY OF REPRESENTATIONS ON APPLICATION
Any and all representations made by Guest on any Application For Rental of the Property (or similarly-titled and applicable document) are understood by the Parties to be material to the grant of this Agreement. Any failure to disclose or lack of truthfulness on such Application may be cause for Lessor to deem Guest in breach of this Agreement.
Article 32 – MODIFICATION
No modification of this Agreement shall be binding upon Lessor unless in writing and signed by Lessor. Modification to any part or sub-part of this Agreement shall have no effect on any other part or sub-part of this Agreement and the remainder of the Agreement shall remain in full force and effect.
Article 33 – HOLDOVER
If Guest does not vacate the Property at the end of the Agreement term or otherwise remains in possession of the Property, a new month-to-month tenancy will be created which will be subject to all the terms and conditions of this Agreement. Such month-to-month tenancy will remain valid until such time as Lessor and Guest, in writing, extend or renew the Agreement for a specific term. If Guest becomes a month-to-month Guest, Guest must give 30 (thirty) days written notice to Lessor of Guest’s intent to surrender the Property. Lessor may terminate such a month-to-month tenancy at any time by serving Guest a written notice of termination or by other means permitted by applicable New York law. Guest shall vacate the Property at Lessor’s demand.
Article 34 – NOTICE OF INJURIES
If Guest or any of Guest’s invitees, licensees, and/or guests are significantly injured or any of Guest’s personal property is damaged on the Property or in any common area, Guest shall provide written notice to Lessor, to be delivered or sent to the address listed at the head of this Agreement, as soon as possible but in no event later than 5 (five) days after the date of injury or damage. If Guest does not provide such timely notice, this shall be considered a breach of the Agreement.
Article 35 – ITEMS LEFT BEHIND
Any items left behind by Guest will be held for approximately six months and every reasonable effort will be made to contact Guest for their return. However, ultimately Lessor is not responsible for these items. If they are not claimed within six months, Guest forfeits Guest’s right to such items and Lessor shall not be held responsible for any disposal.
Article 36 – LEAD-BASED PAINT
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
Article 37 – REMEDIES
The rights and remedies contained in this Agreement are not exclusive of any other rights and remedies allowed by applicable New York law and shall be considered cumulative.
Article 38 – SEVERABILITY
If any part of sub-part of this agreement is deemed invalid by court order, judgment or other operation of law, the remaining parts and sub-parts of this agreement shall remain valid and enforceable to the fullest extent.
Article 39 – HEIRS AND ASSIGNS
Guest may not transfer or assign this Agreement or any portion of this Agreement to a third party.
Article 40 – 88 WAIVER
52 228825 25888 22 2222582 825882 22522525282 22 522 2552 25 858-2552 22 2588 825222222, 2588 85588 222 82 822825525 58 5 858825 22 228825’8 58252 22 2222582 252 8522 2552 25 858-2552 85225 82 2822 25 22 2222582 522 22525 2552 25 858-2552.
Article 41 – ATTORNEYS’ FEES
Guest agrees to pay reasonable attorneys’ fees and expenses in the event Lessor requires an attorney to collect any payment due under this Agreement or to otherwise enforce any of Guest’s obligations.
Article 42 – GOVERNING LAW
This Agreement is governed, construed, and interpreted by and through the laws of the State of New York.
Article 43 – NOTICES
Notices given under this Agreement or other applicable New York law shall be given in writing by and to both parties. Notices by Guest to Lessor shall not be considered complete until actual receipt by Lessor at the address listed at the head of this Agreement. Lessor or Lessor’s agents, including any property managers, secretaries, or assistants, shall accept demands and/or service of process at the same address. Notices by Lessor to Guest shall be deemed delivered when deposited in the mail to the address of the Property or hand-delivered or placed in the mailbox of Guest at the Property. Notices by Lessor to Guest shall also be deemed delivered if addressed to a last known post office box address of Guest.
Article 44 – COUNTERPARTS
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
SIGNATURES:
LESSOR:
Sign: ________________________________ Date:________________________
Print:________________________________
GUEST:
Sign: ________________________________ Date:________________________
Print:________________________________