1349 Race Street Condo Association

Approved Standard Lease Form

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1349 Race Street Condominium Association

STANDARD CONDOMINIUM LEASE FORM

 

 

THIS LEASE IS made this ________ day of ___________, 20 ______,

 

between _______________________________________________________

 

__________________________________________________, the "Landlord",

 

and _________________________________________________, the "Tenant."

 

In consideration of the payment of the rent and the keeping and performance

of the covenants and agreements by the Tenant as hereinafter set forth, the Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord the premises situated in the City and County of Denver, in the State

of Colorado, described as: Condominium Unit #__________ (the "premises"), 1349 Race Street Condominiums, 1349 North Race Street, Denver, Colorado  80206, together with _____ off-street parking space(s) as designated for this unit.  The premises shall be used only as a private residence (and for no other purpose whatsoever) for _____ individual as named below.

 

Authorized occupants under this Lease:

 

_______________________________________________________________

 

 

TO HAVE AND TO HOLD the same with all the appurtenances unto the said

 

Tenant commencing at twelve o'clock noon on the ______ day of _____, 20 __,

 

and ending at twelve o'clock noon on the ______ day of _________, 20 ___,

unless sooner terminated as hereinafter provided, the Tenant paying the Landlord for rent of said premises the total monthly rent as follows:

 

 

 

Rent is to be paid in advance and received at Landlord's address above, on or before the first (1st) day of each and every month of the term hereof.  Rent becomes delinquent if the Landlord does not receive payment from the Tenant before the close of regular business hours on the first (1st) day of the month in which it accrues.

 

RECEIPT:  Landlord acknowledges receipt of $ ___________ to be applied toward Tenant's deposit requirements.

 

1.  COMPLIANCE WITH CONDOMINIUM DECLARATION,

     BYLAWS, RULES & REGULATIONS:  Tenant agrees to comply with all covenants of the Condominium Declaration of 1349 Race Street Condominium Association, except for the obligation to pay a monthly condominium assessment, or any special assessment.  Tenant further agrees to comply with any and all rules and regulations which may be issued in writing by the Condominium Association.

 

2.  FEES FOR RETURNED CHECKS:  Tenant agrees to pay Landlord twenty five dollars ($25.00) for any check returned to Landlord by Tenant's bank for any reason.

 

3.  LATE CHARGES:  At Landlord's discretion, there will be a late charge of ten dollars ($10.00) per day assessed on any rents paid after the first (1st) day of each month.

 

4.  DEPOSIT:  The deposit shall be $_________ .  The deposit is to secure the faithful performance by Tenant of all the covenants, conditions and agreements of this Lease, to be applied against the cost of repair or damage to the premises during the term of this Lease (beyond normal wear), and to be applied to the expense of cleaning after Tenant has vacated if necessary to return the premises to its present condition.  Landlord shall have the option, but not necessarily the obligation, to apply the same to rent in arrears.  The Landlord's right to the possession of the premises for nonpayment of rent or for any other reason shall not in any event be affected by reason of the fact that the Landlord holds this deposit.  The deposit, if not applied toward the payment of rent in arrears or toward the payment of damages suffered by the Landlord or necessary cleaning, shall be returned to the Tenant within sixty (60) days of when this Lease is terminated, but in no event is the deposit to be returned until the Tenant has vacated the premises and delivered possession to the Landlord and provided Landlord with a forwarding address.  In the event the Landlord repossesses the premises because of the Tenant's default or failure to carry out the covenants, conditions or agreements of this Lease, Landlord may apply the deposit for application to such damages as may be suffered or shall accrue thereafter by reason of the Tenant's default or breach.  Tenant acknowledges and agrees that Landlord shall not be obligated to pay Tenant any interest on said deposit.

 

5.  ANIMALS PROHIBITED:  Tenant agrees that Tenant shall keep no animals or pets upon the leased premises without the Landlord's prior written consent.

 

6.  KEYS:  Tenant hereby covenants and agrees to return all keys to the Landlord upon termination of this Lease.  The number of keys supplied by Landlord to Tenant is indicated under "Additional Provisions" at the end of this Lease.  If Tenant fails to return all keys, the Landlord shall be entitled to charge _________ dollars ($_______) per key against the Tenant's deposit.

 

7.  CONDITION OF PREMISES:  Tenant acknowledges that Tenant has examined the premises prior to the making of this Lease, and knows the condition thereof, and that no representations as to the condition or state of repairs thereof have been made by Landlord or its agents which are not herein expressed.  Tenant agrees that Tenant will not cause, allow or permit any waste, misuse or neglect of the premises or of any furnishings therein provided by the Landlord, by Tenant or guests or invitees, and agrees to pay all damages so caused.

TENANT EXPRESSLY AGREES AND ACCEPTS THESE PREMISES AS WELL AS THE BUILDING AND SURROUNDING ENVIRONS IN AN "AS IS" PHYSICAL CONDITION AND IN AN "AS IS" STATE OF REPAIR.  TENANT HEREBY WAIVES, AND LANDLORD HEREBY DISCLAIMS ALL WARRANTIES OF ANY TYPE OR KIND WHATSOEVER WITH RESPECT TO SUCH PROPERTY, INCLUDING, BY WAY OF DESCRIPTION BUT NOT LIMITATION, THOSE OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TENANTABILITY, HABITABILITY AND USE.

 

The condition of the premises at the time of rental is to be noted in writing on a separate checklist prepared by Landlord and initialed by Tenant.

 

8.  HOLDING OVER:  If after the expiration of the term of this Lease, Tenant shall remain in possession of the premises and continue to pay rent without any express written agreement as to such holding, then such holding over shall be deemed and taken to be a month-to-month tenancy, subject to all terms and conditions of this Lease on the part of the Tenant to be observed and performed, and at such rental rate as Landlord may require, payable in advance on or before the first day of each and every month, which rent may thereafter be increased from time to time by the Landlord during the course of the month-to-month tenancy.

 

9.  ACCESS TO PREMISES:  It is agreed by the Tenant that the Landlord and/or its agents and contractors shall have free access to the premises at all reasonable hours, for the purpose of examining the same, exhibiting the premises to prospective tenants, or for making alterations or repairs.

 

10. ALTERATIONS:  Tenant shall make no alterations, additions or improvements in or to the premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord.  All alterations, additions or improvements upon the premises made by either party shall become the property of Landlord, and shall remain upon, and be surrendered with, the premises as a part thereof at the end of the term hereof.  Any mechanic's lien filed against the premises, for work claimed to have been done for or materials claimed to have been furnished to Tenant, shall be discharged by Tenant within ten (10) days thereafter at Tenant's expense.

 

11. DEFAULT IN RENT OR PERFORMANCE OF COVENANTS

      OF THIS LEASE:  If the rent herein specified, or any part thereof, shall be in arrears, or if default shall be made in any of the covenants and agreements herein contained to be kept by Tenant, it shall be lawful for the Landlord to declare the term of the Lease ended, and enter into the premises either with or without process of law, in order to expel, remove and put out the Tenant, using such force as may be necessary in so doing, without being liable for prosecution or damages thereof.  If the Tenant shall remain in possession of the premises after termination of this Lease, he/she shall be deemed guilty of unlawful detainer of the premises under Colorado law, hereby waiving all notice including the three (3) day notice of demand for rent or possession of the premises, and shall be subject to eviction and removal, forcibly or otherwise.

 

12. RIGHTS AND REMEDIES UNDER DEFAULT:  In case of any default, Landlord shall have the following rights and remedies, in addition to all other remedies specified herein, at law or equity.  None of the following, whether or not exercised by Landlord, shall exclude exercise of any other remedy whether herein set forth or existing at law or equity.

     A.  Landlord may terminate this Lease by notice in writing, and upon the giving of such notice, this Lease and the term hereof, as well as all the right, title and interest of the Tenant hereunder, shall wholly cease and expire in the same manner and with the same force and effect as if the date fixed by such notice were the expiration of the term herein originally granted.  Upon any termination, Tenant shall immediately quit and surrender to Landlord the premises demised hereby.  Further, Tenant shall be liable to Landlord for any amounts accrued hereunder as of the date of termination and any damages as of such date.

     B.  If Tenant shall default, this Lease shall continue in effect whether or not Tenant shall have abandoned Premises.  In such event Landlord shall be entitled to take possession of Premises for any purpose reasonably related to mitigating damage, without accepting Tenant's abandonment and without terminating this Lease, and shall be entitled to enforce all of the Landlord's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.  Landlord may pursue any other remedy now or hereafter available to Landlord under the laws of the State of Colorado.

     C.  If Tenant shall default in making any payment required to be made by Tenant, or shall default in performing any other obligations of Tenant hereunder, Landlord may, but shall not be obligated to, make such payment; or, on behalf of Tenant, expend such sum as may be necessary to perform such obligations.  All sums owed to Landlord after default, or any sums expended by Landlord on Tenant's behalf, shall bear interest at the rate of ______% per year from the date of such expenditure, shall be additional rent, and shall be repaid by Tenant to Landlord upon demand.

     D.  In the event Tenant has provided Landlord with a signed Rental Application form, and said form contains any material misrepresentation, this Lease shall terminate at the option of the Landlord, and Tenant hereby consents to such termination and Landlord shall be entitled to retain and Tenant shall have forfeited all of the deposit made hereunder.  Further, the Landlord shall also be entitled to recover all of its damages from Tenant as otherwise provided in this lease or as allowed by law.

 

13. REMEDIES NOT EXCLUSIVE:  It is agreed that each and every one of the rights, remedies and benefits provided by this Lease shall be cumulative, and shall not be exclusive of any other rights, remedies and benefits allowed by law.

 

14. EXPENSE OF PROCEEDINGS:  If the Tenant shall at any time be in default hereunder, and if the Landlord shall incur any attorney fees or costs as a result of such default, then the Tenant will reimburse the Landlord for the expense of attorney's fees and all costs, expenses and disbursements thereby incurred by the Landlord, and same may be deducted from the deposit in the Landlord's sole discretion.

 

15. JOINT LIABILITY: In the event that this Lease shall be executed on behalf of the Tenant or Tenants by more than one person, then the liability of the persons so signing shall be joint and several and a judgement entered against one shall be no bar to an action against the others.

 

16. RE-RENTAL FEES AND DAMAGES:  In the event the Tenant vacates the premises prior to the expiration of the term of this Lease, Landlord shall be entitled, in addition to other damages (all of which may be deducted from Tenant's deposit), to a lease breakage fee equal to the Tenant's deposit.  Tenant agrees that the security deposit may be applied towards this liability, which liability is not limited by the amount of the deposit.

 

17. ABANDONED PROPERTY:  If the Tenant vacates or abandons the premises and leaves any personal property thereon or within, such property shall be deemed abandoned by the Tenant.  Landlord shall have no responsibility for abandoned property.

 

18. ACTS OR OMISSIONS OF OTHERS:  The Landlord and its agents shall not be responsible or liable to the Tenant for any loss or damage that may be occasioned by persons who are trespassers upon the premises, or for any loss or damage resulting to the Tenant or his/her property from bursting, stoppage, backing-up or leaking of water, gas, electricity or sewers or caused by fire, wind, rain or other elements.

 

19. NOTICE OF INJURIES: In the event of any injuries to the Tenant or to any property of the Tenant through negligence of the Landlord, its agents, and/or employees, the Tenant agrees to give the Landlord written notice of the occurrence of said injury within one week of the happening thereof.  Landlord shall not be liable for any injury or damage to persons or property caused by

or resulting from Tenant's use and/or occupancy of the premises, nor shall Landlord be liable for any injury or damage from any other cause.

 

20. INDEMNITY:  Tenant shall indemnify Landlord against all costs, expenses, charges, injuries and damages sustained or incurred as a result of any breach by Tenant or agents, servants, employees, visitors or licensees of Tenant, of any provision, covenant or condition of this Lease, or as a result of any fault, negligence or improper conduct of Tenant or of the agents, servants, employees, visitors or licensees of Tenant.

 

21. FIRE DAMAGE:  In case the premises shall be more than 15% damaged by fire or other cause at any time during the said term, a proportionate reduction of rent shall be allowed the Tenant for the time occupied in repairs, excepting (a) if the Tenant can use and occupy the premises without substantial inconvenience, there shall be no reduction of rent, and (b) if said repairs are delayed because of the failure of said Tenant to adjust Tenant's own insurance (if any) no reduction shall be made beyond a reasonable time allowed for such adjustment.  In case the damage by fire or other cause shall amount substantially to the destruction of the premises, this Lease shall become null and void.

 

22. UTILITIES:  Landlord shall pay the following utility costs for the unit: heat, water,  sewer, and trash removal.  It is expressly understood and agreed that utility charges separately metered to the premises, including heat,  will be paid by Tenant.

 

23. INTERRUPTION OF SERVICES:  Landlord shall not be liable for any

claim of damages or rebate or charge of any kind whatsoever in case of the interruption of the supply of utilities or water or services occasioned by accident, failure of power supply or any other cause whatsoever beyond the control of the Landlord.

 

24. LOCKS:  Tenant shall place no additional locks or change any locks upon any doors of the premises without prior written consent of Landlord.

 

25. NO REPRESENTATION OF BUILDING SECURITY:  Tenant acknowledges that the premises and surrounding property have not been equipped with any devices or personnel for Tenant's security or protection, and indemnifies and holds the Landlord and its agents, successors and assigns harmless from and against all claims, damages, and causes of action by Tenant, as well as Tenant's guests, invitees, licensees, successors and personal representatives, arising from any unlawful intrusion by third parties into the leased premises, surrounding property or its environs.

 

26. MISCELLANEOUS TENANT RESPONSIBILITIES:  A violation or a breach of the following shall be a default so as to entitle the Landlord its remedies:

     A.  Nuisance or Disturbance.  Tenant agrees to permit no noise, odors,

          conduct or nuisance to take place or exist on the leased premises

          to the disturbance of the neighbors.

     B.  Care of Premises.  Tenant is responsible for the appearance and

          cleanliness of the premises, and agrees to keep the premises in a

          clean, neat and well maintained condition during the entire term

          of Tenant's tenancy.

     C.  Fire Hazards.  Tenant shall not sustain any condition on the premises

          which creates a fire risk or conflicts with rules and ordinances of the local

          fire department.

     D.  Rules and Regulations/Vehicles and Parking.  Tenant and Tenant's

          guests shall observe all rules and regulations adopted by the 1349 Race

          Street Condominium Association, including parking regulations, as the

          same may be amended or modified from time to time.  

          There is NO on-site guest parking.  

 

27. NOTICE:  Whenever under this Lease provision is made for notice of any kind, it shall be deemed a sufficient notice and service thereof if notice to the Tenant is in writing addressed to the last known Post Office address of the Tenant, or addressed to the premises and deposited in the mail; and notice to the Landlord shall be deemed sufficient notice and service thereof if the notice is in writing addressed to the Landlord at Landlord's address as indicated on page one of this Lease, and deposited in the mail.  Notice need be sent to only one Tenant where the Tenant consists of more than one person.

 

28. NOTICE OF ABSENCE:  Tenant shall give Landlord notice of an anticipated extended absence of Tenant from the property in excess of ________ days.   During any such absence of Tenant, Landlord or Landlord's agent may, but need not,  enter the property at times reasonably necessary to protect the property and any possessions of Landlord on or in the property.

 

29. NOTICE OF INTENT TO VACATE:  At least ______ days prior to the expiration of the term hereof, Tenant shall give written notice of the intent to vacate at the end of the term of this Lease.  If such notice is not timely given, Tenant shall be liable for and shall pay the rent due if the unit is not rerented.  Tenant understands that notices tendered after the first of any month shall not be effective to terminate this agreement until the last day of the following month.

 

30. ASSIGNMENT AND SUBLETTING:  It is agreed that the Tenant's leasehold interest may not be assigned or sub-let in whole or in part without in each case having first obtained the prior written consent of the Landlord.  Tenant is hereby notified that Landlord may have certain "Right of First Refusal" obligations with which to comply.  Any assignment of this Lease or subletting of the premises, or any part thereof, shall be void and of no force and effect without the Landlord's prior written consent.  Landlord may require any subtenant to acknowledge this Lease in writing. 

 

30. SEVERABILITY:  Invalidation of any of the provisions herein contained by legislation, judgement or court order shall not affect any of the other provisions, which shall remain in full force and effect.

 

31. WAIVER:  One or more waivers of any covenants, conditions, rules or regulations by Landlord shall not be construed as a waiver of a further breach

of the same, or of any other provision herein.

 

32. MISCELLANEOUS PROVISIONS:

     A.  This Lease and the documents or other instruments referred to herein

           contain the entire agreement between the parties.

     B.  The section headings are inserted only as a matter of convenience and in

           no way define, limit or prescribe the scope of intent of this Lease or in any

           way affect the interpretation hereof.

     C.  The covenants, conditions and agreements contained in this Lease shall

           bind and inure to the benefit of Landlord and Tenant and their respective

           heirs, executors, administrators, successors, and except as otherwise

           provided in this Lease, their assigns.

     D.  Tenant's interests hereunder in and to the premises shall be subject to

           any and all covenants, conditions, restrictions,  reservations, rights, rights

           of way and easements of record or in existence as of the date hereof.

     E.  This Lease shall be construed under Colorado law.

     F.  In entering into this Lease, Tenant relies fully upon the statements

           contained in this Lease and acknowledges that Tenant has read and

           fully understands this Lease.

     G.  The term "Landlord" as used in this Lease, so far as covenants or

           obligations on the part of Landlord are concerned, shall be limited to

           mean and include only the owner or owners at the time in question of

           the premises rented to Tenant.  In the event of any transfer or transfers

           of the title to the premises, Landlord herein named (and in case of any

           subsequent transfers or conveyances, the then grantor) shall be

           automatically freed and relieved from and after the date of such transfer

           or conveyance of  all personal liability for the performance of any

           covenants or obligations on the part of Landlord contained in this Lease

           thereafter to be performed.  Any funds in which Tenant has an interest in

           the hands of Landlord or the then grantor at the time of any such transfer

           shall be turned over to the grantee, and any amount then due and

           payable to Tenant by Landlord or the then grantor under any provisions

           of this Lease shall be paid to Tenant.

     H.  If any clause or provision of this Lease is illegal, invalid or unenforceable

           under present or future laws effective during the term of this Lease, then

           and in that event, it is the intention of the parties hereto that the

           remainder of this Lease shall not be affected thereby.

     I.  Tenant agrees at any time and from time to time, upon not less than ____

           days' prior written request by Landlord, to execute, acknowledge and

           deliver to Landlord a statement in writing certifying that this Lease is

           unmodified and in full force and effect (or if there have been

           modifications, that the same is in full force and effect as modified, and

           stating the modifications), and the date to which the rental and other

           charges have been paid in advance, if any.  Any such statement delivered

           pursuant to this section may be relied upon by any prospective purchaser

           of all or any portion of the Landlord's interest herein, or by a mortgagee or

           a beneficiary of any deed of trust affecting all or any portion of the

           premises.

     J.  Time is of the essence.

 

33. ADDITIONAL PROVISIONS:

     A.  Tenant hereby acknowledges receipt of a copy of the 1349 Race

           Street Condos Rules and Regulations.

 

    

 

 

 

IN WITNESS WHEREOF, the parties hereto certify that they have read and completely understand all the terms and conditions of this Lease, and have

 

set their hands and seals this ________ day of _____________,  20 ____.

 

                                                                      LANDLORD:

 

 

_____________________________     By -  ____________________________

Tenant -