342-346 CHILTON STREET LLC
525-527 MORRIS AVENUE LLC
201-211 ORCHARD STREET LLC
356-358 SOUTH BROAD STREET LLC
JOHN BANIC / DANIEL BANIC
342-346 CHILTON STREET LLC
525-527 MORRIS AVENUE LLC
201-211 ORCHARD STREET LLC
356-358 SOUTH BROAD STREET LLC
JOHN BANIC / DANIEL BANIC
Dear Residents,
Our goal is to provide a high-quality living experience for everyone. To maintain the comfort, safety, and enjoyment of all neighbors, we would like to remind everyone of our community standards regarding cleanliness and noise.
1. Noise and Quiet Hours To ensure all residents can enjoy their homes in peace, please be mindful of volume levels at all times.
Quiet Hours: Strictly observed from 10:00 PM to 8:00 AM.
Please keep music, television volumes, and social gatherings at a level that does not disturb neighboring units.
Be mindful of heavy foot traffic or moving furniture during late-night hours.
2. Cleanliness of Common Areas Maintaining the appearance of our building is a collective effort.
Please ensure all trash is bagged securely and placed inside the designated receptacles.
Common hallways, entryways, and shared outdoor spaces must remain clear of personal items, debris, or indoor furniture.
If you notice a spill or a maintenance issue in a common area, please report it to management immediately.
3. Respect for Neighbors A great community starts with mutual respect. We appreciate your cooperation in keeping our building a quiet, clean, and welcoming place to live.
If you have any questions regarding these policies, please contact management at(732) 669-1111 or Office@Wescottllc.us.
Thank you for being a valued member of our community.
Sincerely,
Property Management
LEASE
Late Charge: $50.00
Returned Check Fee: $35.00
Re-opening fee $25.00
1. This is a lease agreement between the landlord and tenant(s) for the above stated apartment. The persons named as tenants on the lease must live in the apartment. Any person listed herein as an occupant may reside in the apartment so long as a person named as a tenant on the lease is also residing in the apartment.
(a) Occupancy of the apartment is limited to: 2 persons per bedroom in the apartment. The foregoing represents the maximum number of persons per bedroom that may live in the apartment. However, only those persons listed on page 1 of this lease are allowed to live in the apartment. In the event that individuals other than those set forth in this lease occupy the apartment or more than the maximum limit of persons occupy the apartment, it shall constitute a substantial breach of the lease and is grounds for eviction.
(b) All persons listed in the lease as occupants shall not have any of the rights of a tenant. In the event that a person named on the lease as a tenant vacates the apartment or is no longer living in the apartment for any reason (including, but not limited to, death), prompt notice of same must be given to the landlord either by the remaining tenant or by the estate of the deceased. Further, it is hereby agreed that when all of the named tenant(s) cease to occupy the apartment for any reason (including, but not limited to, death), the occupant(s) residing in the apartment shall have no right to remain in the apartment thereafter as set forth below.
(c) In the event that all of the persons named on the lease as tenant(s) vacate (for any reason other than death) leaving an occupant remaining in the apartment, the occupants are prohibited from remaining in the apartment and must immediately vacate the apartment. This lease shall terminate upon written notice from the landlord and the date of termination shall be established by the landlord in said notice. All of the occupants must vacate and surrender possession of the apartment to the landlord as of such termination date set forth in the notice. Failure to vacate is a substantial breach of the lease.
(d) This lease shall terminate upon the death of all of the persons named on the lease as tenants. All persons remaining in the apartment after the death of all the named persons must immediately vacate.
(e) All rent shall be paid through the date of termination. Acceptance of rent by the landlord from the occupant or any third party shall not create a tenancy or entitle the occupant to remain in the apartment for any reason. This lease may not be transferred, assigned or the apartment sublet unless the tenant obtains the written consent of the landlord as set forth in paragraph
2. USE: The apartment shall only be used as a private residence. It shall not be used for any commercial purpose. The apartment shall not be used for any type of business use, including but not limited to, commercial, professional or other type of use and shall not be used for any compensation or consideration (including but not limited to rental or exchange- such as through Airbnb or similar organization or rental "swap" or exchange) nor for childcare or a babysitting service. The apartment must be the tenant's permanent residence and the tenant must live in the apartment. The apartment shall not be vacant for a period of thirty (30) consecutive days.
3. RENT: The tenant agrees to pay the monthly rent each month on or before the first day of each month. Payment by the tenant or receipt by the landlord of an amount less than the monthly rental shall be applied to any unpaid balance. Payments shall be applied to the oldest outstanding balance. Payments shall be applied to unpaid legal fees first, then to late fees, then to Court and Constable fees, costs and then to unpaid rent. Any endorsement or statement on any payment, money order, check, or any letter accompanying any payment shall not be considered a settlement or an agreement with the landlord. The landlord may accept and deposit such payment without prejudice to the landlord's right to recover the balance due and pursue any other remedy permitted by law. The landlord may accept checks from a third party or entity other than the tenant(s) or occupant(s) of the apartment as listed in this lease. If the landlord does so, such acceptance shall not establish a landlord tenant relationship between that third party and the landlord. Acceptance of checks in an amount less than the monthly rental or any third-party check shall not be considered a waiver of any of the landlord's rights.
4. UTILITIES: Tenant shall pay for the following utilities and services: gas, electric, tv, internet, phone.
Tenant agrees and acknowledges that the landlord shall not be responsible for any interruption of such utility service caused by the utility provider or any other person or entity for any reason beyond the control of the landlord.
5. CHARGES WHICH ARE ADDITIONAL RENT: The following are charges which are due
as additional rent and collectible as additional rent from the tenant:
(a) Late Charge: If rent is not paid by the 5th day of the month, a late charge of $50.00 shall be imposed. Charging this fee and the landlord's acceptance of this fee shall not serve as a waiver of the Landlord's right to receive the rent by or on the first of each month or to institute eviction proceedings based upon non-payment, late payment or habitually late payments of rent;
(b) Returned Checks: All checks returned or unsatisfied shall result in a charge to the tenant of $35.00. This charge is in addition to any late charge which may be imposed;
(c) Increase in Security Deposit: If the landlord increases the security deposit and a shortage in the security deposit occurs, the tenant shall pay the difference, which is deemed to be additional rent;
(d) Pass Through/Surcharges: If during the term of this lease, any local, federal, state or municipal body or agency thereof, permits an increase of rent and/or the imposition of any surcharge and/or pass through for hardship, capital improvement, sewer, real estate taxes, fuel or any other charge, such charges shall be collectible as additional rent. Payment shall be made commencing on the first day of the first month after the charge is to take effect or any date established by the municipal body or agency, whichever is sooner;
(e)Fines/Costs: Any costs, fines or expenses which are incurred by the landlord for a violation of any local, state or federal law, ordinance or regulation caused by the tenant, a member of the tenant's household, a family member, the occupants, guests, invitees, agents or any other person in or visiting the apartment or property shall be collectible as additional rent from the tenant;
(g) Re-opening Fee: The tenant may request the landlord to re-open the apartment for the tenant at a cost to the tenant of $25.00;
(h) Damages: Any costs or expenses incurred by the landlord as a result of damage to the apartment, common areas or property upon which the building is located and caused by the tenant, a member of the tenant's household, the occupants, a family member, guests, agents, invitees or any other person in or visiting the apartment or property are due upon demand and collectible as additional rent and the landlord's collection and/or acceptance of such monies shall not constitute a waiver of the landlord's other remedies; and
Other: Any other fees or expenses incurred by the landlord because of the tenant's or the occupant's failure to comply with this lease and Rules and Regulations as well as other fees and expenses set forth in this lease which when incurred are considered additional rent and collectible as additional rent.
6. SECURITY DEPOSIT: The landlord acknowledges receipt of the security deposit which has been deposited. In the event the amount of the security deposit is increased by the landlord in accordance with New Jersey Law, the tenant hereby agrees to pay the increase, which shall be considered additional rent. At the termination of this lease, the security deposit will be returned, less any charges for unpaid rent, additional rent (e.g. unpaid late charges, attorney's fees) and for damages or any other charges or costs in accordance with New Jersey Law. The security deposit shall not be used for the payment of rent during the tenancy.
7. DELAY IN OCCUPANCY: If the landlord cannot deliver possession to the tenant on the date when the term of the lease is to begin, the landlord shall not be liable for such failure and the rent shall be apportioned and abated until the landlord is able to deliver possession. If the landlord is not able to deliver possession to the tenant within 30 days from the beginning date of the lease, the tenant may cancel and terminate this lease by notifying the landlord in writing. Upon cancellation by the tenant under this provision, the landlord shall not be under any further obligation to the tenant, and the tenant hereby releases the landlord from any and all liability.
8.RULES AND REGULATIONS: The Rules and Regulations are attached hereto and are hereby incorporated and made a part of this lease. Failure to comply with the Rules and Regulations is a breach of this lease. The tenant, occupants, tenant's family members, employees, agents, visitors, licensees, invitees and all other person's under the tenant's control shall comply with the Rules and Regulations.
9.TENANT'S DUTY OF CARE: The tenant and occupants shall:
(a) maintain the premises (which include the apartment, common areas of the building and the property upon which the building is located) in a clean and sanitary manner and do nothing to injure, deface, damage or destroy the premises;
(b) comply with all local, state and federal law, ordinances and regulations;
(c) promptly notify the landlord of infestation and any other conditions in the apartment that may require repair;
(d) remove garbage and debris from the apartment, dispose of it properly and place it in the designated area for garbage. Newspapers, magazine or other recyclables shall be disposed of in accordance with local recycling laws and the Rules and Regulations set forth in this agreement;
(e) do nothing to cause a cancellation of or an increase in the costs of the landlord's fire or liability insurance;
(f) keep nothing flammable or dangerous in the apartment;
(g) not do anything to create a fire hazard (i.e. block means of egress), keep the apartment cluttered or create any other unsafe condition in the apartment or common areas;
h) use no more electricity than the wiring to the apartment or the feeders to the apartment or building can safely carry;
(i) shall not remove any water conservation devices from faucets, showerheads or toilets;
(j) not engage in objectionable conduct or abusive conduct towards landlord or the landlord's employees or other residents. Objectionable conduct means actions or behavior which interferes with the right of other tenants or residents at the property to enjoy their apartments or causes conditions which are dangerous, hazardous, unsanitary or detrimental to other tenants at the property. Abusive conduct includes, but is not limited to, physical violence, assault or verbal abuse committed by the tenant, the occupant or any agent, licensee, invitee of the tenant upon any other tenant, occupant, or resident at the property or the landlord and any employee or agent of the landlord. Such conduct constitutes a default under the lease and is grounds for eviction;
(k) Tenant shall not bring into the apartment, common areas or any part of the building bedbugs or any other type of rodent or bug. The tenant shall not create or allow any infestation in the apartment, common areas or any part of the building. Tenant shall promptly notify the landlord of infestation and any other conditions in the apartment and on the premises that may require repair or treatment. The Tenant shall also cooperate with the landlord and its agents to effectuate extermination services. Such cooperation includes, but is not limited to, granting access to the apartment and complying with all of the Landlord's and/or the extermination provider's instructions (e.g. washing and bagging all clothes, covering mattresses with covers and properly maintaining the apartment) so that the extermination treatments can be effective. In the event that the apartment is treated for bedbugs, the Tenant shall not leave any personal property, including but not limited to furniture and mattresses, in the hallways and common areas of the building and the property. All damages and costs incurred and associated with extermination of the apartment, neighboring apartments, common areas and the building as a result of the Tenant's breach of this lease provision shall be the tenant's responsibility and is considered additional rent. (See also Extermination Lease Rider); and
(1) be held responsible for the actions of all occupants, members of their household, family members, guests, agents, invitees and licensees.
10. NO ALTERATIONS: The tenant shall not make any alterations or changes to the apartment, common areas or to the building without the prior written consent of the landlord. The Landlord may withhold consent for any reason or no reason. The Tenant and occupants are prohibited from:
(a) painting, wallpapering or paneling the apartment or common areas as well as installing flooring, built in decorations, partitions, moldings or any other fixtures drilled into or attached to the floors, walls or ceilings;
(b) installing/changing any locks or chain guards;
(c) making any changes to or tampering with the plumbing, electrical or heating systems;
(d) installing any equipment or wiring;
(e) installing, using or storing in the common areas or in the apartment a washing machine, waterbed, clothes dryer, air conditioning, television antennas, satellite dishes, space heaters, garbage disposal, propane heaters or any type of portable apartment heater, or permanent heaters; and
(f) displaying any sign upon the premises or the exterior of the building.
All changes or alterations made without the landlord's prior written consent shall be removed by the tenant on demand. All changes or additions made with the landlord's written consent shall become the property of the landlord when completed, even if paid for by the tenant. They shall remain as part of the apartment at the end of the lease term, although the landlord may demand that the tenant remove them at the tenant's cost.
11. ILLEGAL ACTIVITY: The tenant, all occupants, members of the household, visitors, agents, employees, invitees and licensees are prohibited from engaging in or conducting any drug related criminal activity, any other illicit and/or illegal activity in the apartment, in the common areas, or any area on or near the property or on property controlled by the Landlord and/or using the apartment or the landlord's property for such a purpose. The tenant, household members, guests and other persons under the tenant's control shall refrain from the use and/or possession on or near the Landlord's property of guns, firearms (operable or inoperable), nunchucks, or similar instruments, blackjacks and explosive devices.
12. BANKRUPTCY: If the tenant should file a petition in bankruptcy, all post-petition rents must be paid promptly or the tenant will be subject to eviction.
13. ANIMALS/PETS: No animals or pets of any kind shall be kept on the premises without the landlord's written consent. Paragraph 5 of the Rules and Regulations also applies to animals and pets and is incorporated herein.
14. SMOKE AND CARBON MONOXIDE DETECTORS: The tenant acknowledges that the apartment has a working smoke detector and carbon monoxide detector. The landlord is responsible for the replacement of batteries in both detectors. The tenant must notify the landlord if the batteries need to be replaced and the tenant must permit the landlord entry to test and replace the batteries as necessary.
15. RIGHT TO QUIET ENJOYMENT: The tenant acknowledges that his or her right of quiet enjoyment does not include disturbing or interfering with other tenants and residents at the property or interfering with the landlord in the operation and maintenance of the building. Such conduct by the tenant, any occupants of the apartment, members of the household, family members, guests, any other person under the tenant's control, agents, invitees and licensees is prohibited and shall constitute a substantial violation of the lease.
16. LANDLORD'S LIABILITY: The Landlord is not liable for any loss, injury or damage to the Tenant, Tenant's invitees, guests, those persons named in the Tenant's lease application and those under the Tenant's control any even if it is due to the Landlord's negligence, gross negligence or intentional act. From time to time, there may be interruption of some services and/or inconvenience due to the necessity of repair or some unanticipated event, including but not limited to those events not within the Landlord's control. In case of such interruption of service, the Landlord shall not be liable to the Tenant for any interruption of services and/or any inconvenience.
Tenant hereby releases and holds harmless the Landlord, its partners, members, shareholders, officers, directors, representatives, management staff, employees, affiliates and agents from any and all claims which the Tenant may have for any loss, damages, damage to property and personal injuries arising out of or connected with or incidental to the use of the Apartment, the building and the Landlord's property, or for incidents or events or conditions in the Apartment, building and property. Such exculpation of liability is absolute and without any exceptions whatsoever.
17. RIGHT TO ENTER THE APARTMENT: The tenant shall grant the landlord access to the apartment and the landlord shall have the right to enter the premises at all reasonable times for purposes of making inspections, making ordinary or emergency repairs, exterminating the apartment and for maintenance. The tenant shall also grant access for purposes of showing the premises to prospective new tenants, prospective purchasers, mortgagees or any other person or entity during the last month of the lease and/or after the tenant has provided written notice to the landlord of the tenant's intention to vacate and/or if the landlord has listed the property for sale and/or is refinancing its mortgage. Other than where an emergency exists, the tenant will be given 24 hours notice of the date the landlord requires access to the apartment and the tenant shall provide access on that date. The tenant must provide the landlord with a set of keys to the apartment, if the landlord does not have a set of keys. If the tenant does not provide key(s) it will be considered a substantial breach of this lease and is grounds for eviction.
18. NO ASSIGNMENT OR SUBLETTING: The tenant is prohibited from transferring, assigning this lease or subletting the apartment without the landlord's written consent. The landlord may withhold its consent for any reason or for no reason. Only those persons listed on page 1 of this lease are allowed to live in the apartment. Further, any person listed in this lease as an occupant and the tenant's children, heirs, and successors shall not have any right to live in the apartment after the date of the last tenant's death. (See paragraph 1).
19. LIENS: The tenant shall not allow any mechanic's lien or other lien to be filed against the
20. CONDEMNATION: If the whole or any part of the leased premises shall be taken or condemned for any public or quasi-public use or purpose, the term and all rights of the tenant under this lease (other than the right of the tenant for the repayment of the security deposit and the right to a partial refund of the current month's rent) shall terminate on the date of the title vesting in the condemnor. Award or awards shall be the property of the landlord without apportionment and the tenant hereby assigns to the landlord any and all interest which the tenant might have in and to such award or awards. .
21. FIRE OR OTHER DAMAGE: The Landlord carries no insurance covering the loss of the Tenant's personal property. The Tenant is responsible for securing his or her own insurance protection against loss of property by fire or other cause. The Tenant shall use every reasonable precaution against fire or any other hazard or any other cause of damage including but not limited to the accumulation of mold, water leaks or any dangerous condition. The Tenant shall promptly notify the Landlord of any cause, including any fire, hazard or condition in the Apartment and common areas which could cause damage.
If the Tenant does not use reasonable care against fire, the Landlord may, in addition to other remedies provided by law and in this Lease, terminate this Lease as well as collect as additional rent any increase in premiums on insurance carried by the Landlord on the Apartment.
In the event of a fire or other casualty, the Landlord shall determine, in its sole discretion, whether the Apartment or building is partially damaged or totally destroyed, and can in the Landlord's sole discretion, choose to make the repairs or to terminate the Lease. If the Landlord determines, in the Landlord's sole discretion, that the Apartment or Building is totally destroyed, totally damaged or uninhabitable by reason of fire or other cause, the Landlord may, on written notice to the Tenant, terminate the Lease as of the date of the fire or casualty and the accrued rent shall be paid by the Tenant up through the date the fire or casualty occurred.
If the Apartment or Building is, in the Landlord's discretion, partially damaged or in the Landlord's sole discretion, uninhabitable as a result of a fire or other casualty, the Landlord may terminate the Lease upon written notice to the Tenant and the accrued rent shall be paid by the Tenant through the date the fire or casualty occurred. Rent shall remain due and owing unless otherwise set forth herein. In any event, if the damage or destruction is caused by the Tenant, the Tenant's family members, occupants, guests, invitees, any person under the control of the Tenant or any other person in or visiting the Apartment, the Tenant shall continue to be obligated to pay rent for the balance of the Lease term. If the Landlord elects to repair the Apartment, no penalty shall accrue against the Landlord for any reasonable delay in repairing the premises by reason of adjustment of insurance proceeds, labor disputes or any other cause beyond the Landlord's reasonable control. Further, if the Landlord elects to repair the Apartment and/or Building, the Landlord is not required to repair or replace anything installed by the Tenant.
If the Lease is terminated, the Tenant must turn over possession of the Apartment and immediately remove all possessions in the Apartment.
22. END OF TERM: At the expiration of this lease, the tenant shall sign an extension or lease renewal with reasonable changes, if offered by landlord. However, offer of a new lease by the landlord and execution of the new lease shall in no way serve as a waiver of the landlord's rights to pursue any and all claims against the tenant including but not limited to claims for unpaid rent, unpaid additional rent, breach of this lease or the Rules and Regulations and/or any cause of action under New Jersey law.
If the tenant intends to vacate at the end of the initial lease term or at the end of any subsequent term, the tenant shall give the landlord one full calendar month written notice of the tenant's intention to vacate. Under this provision, the effective date of the termination shall be the last day of the next month following the landlord's receipt of the written notice. (For example, if the landlord receives the notice on February 23rd, the effective termination date must be March 31st). This provision shall not be construed to mean that the tenant may terminate the lease during the initial term or any subsequent one year term. Failure to provide the aforesaid written notice shall constitute a breach of the lease and the tenant shall be responsible for all damages the landlord incurs as a result of the tenant's failure to provide such notice
In the event the tenant holds over beyond the term of the Lease or holds over beyond the date set forth in a lawful notice to quit, the landlord may accept payment of money, in the amount of the former rent, as and for the use and occupancy of the premises until the tenant vacates or is evicted as provided by law. The landlord's acceptance of said sums of money in the amount of the rent for use and occupancy shall not be deemed a waiver of any notice to quit or expiration of lease term, nor shall said acceptance be deemed the continuing of or creation of a tenancy.
At the end of the term, the tenant shall remove all of the tenant's property, repair all damage to the premises and return the apartment to the landlord in the same condition as it was at the beginning of the term, except for normal wear and tear. The premises must be broom clean and the tenant must surrender the keys to the landlord.
Should the tenant fail to vacate when the lease is terminated or should the tenant fail to vacate after the tenant gives notice that they will vacate (whether or not they are in breach of this lease), the tenant shall be responsible for all damages including broker's fees, attorney's fees and costs flowing from such conduct and such damages shall be deemed collectable as additional rent. The landlord may also pursue all remedies available at law.
23. ABANDONED PREMISES AND PROPERTY: If the premises become vacant or abandoned as a result of eviction proceedings or otherwise, the tenant hereby authorizes the landlord or the landlord's agent to re-enter the premises and relet the premises.
If after the tenant has abandoned the premises or the tenant has been evicted or after the tenant has given written notice that the tenant intends to vacate the apartment and personal property remains in the premises, the landlord may remove and dispose of all of the tenant's personal property and charge the tenant all of the costs associated with its removal and disposal in accordance with New Jersey Law.
24. DAMAGES TO TENANT'S PROPERTY: The landlord does not carry insurance to cover loss of or damage to the tenant's personal property. The tenant shall secure rental insurance for the tenant's personal property. The tenant is responsible for securing his or her own insurance protection against damage or loss of property by fire or other cause. Unless caused by an intentional act or the gross negligence of the landlord, the landlord, its agents and employees are not responsible for any damage to the tenant's or occupant's personal property or to the personal property belonging to any other person. Such damages include but, are not limited to any of the following:
(a) Any loss of or damage to the tenant or the tenant's property in the apartment, common areas or the property upon which the building is located due to any accidental or intentional cause, including a theft or another crime committed in the apartment or elsewhere in the building or property;
(b) Any loss of or damage to the tenant's property delivered to any employee of the landlord or building (i.e. doorman, superintendent, etc.);
(c) Any damage or inconvenience caused to the tenant by actions, negligence or violations of a lease by any other tenant or person in the apartment, in the buildings or at the property;
(d) The landlord shall not be liable for any interference with light, ventilation, sound, view or services caused by construction by or on behalf of the landlord. The landlord shall not be liable for any such interference on a permanent basis caused by construction on any parcel of land regardless of whether or not such parcel is owned by landlord. Also, the landlord shall not be liable to the tenant for such interference caused by the permanent closing, darkening or blocking up of windows. None of the foregoing events shall cause a suspension or reduction of the rent or allow the tenant to terminate this lease.
Crime insurance is available for tenants through the New Jersey Insurance Underwriting Association, Crime Insurance Indemnity Plan. To apply for crime insurance, contact the New Jersey Underwriters Association, Crime Insurance for Habitable Property, 744 Broad Street, Suite 1100, Newark, New Jersey 07102, directly for an application. The telephone number is 973-622-3838. This insurance is applicable to theft and/or burglaries. This information is strictly for advice and the landlord is not responsible for securing insurance for the tenant. In all cases, it is the tenant's responsibility to insure and protect the contents of the apartment.
25. NO REPRESENTATIONS BY LANDLORD: The tenant has examined the leased premises before signing this lease. The taking of possession by the tenant shall be conclusive evidence that the tenant has accepted the premises "as is" and that the premises were in good and satisfactory condition at the time possession was taken. The landlord has made no representations or promises with respect to the leased premises except as set forth in this lease.
26. FULL AGREEMENT: The lease, the Rules and Regulations and the Rider(s) attached hereto contain the full agreement between the landlord and tenant(s), which may not be changed except in writing signed by the landlord and the tenant(s). Any agreement between the tenant(s) and a superintendent, maintenance person, or a janitor does not constitute written permission by the landlord. Any misrepresentation or fraudulent statement made in the tenant's application shall constitute a material breach of this lease and shall be grounds for eviction.
27. SUBORDINATION/ESTOPPELS: This lease shall be subject and subordinate to any mortgage or renewals of any mortgage or mortgages now on the premises or any new mortgage or mortgages which any owner or subsequent owner of the premises may hereafter at any time elect to place on the premises. The tenant agrees upon request at any time to sign any document which the landlord, its lending institution, any new owner or its lender may consider necessary to accomplish that end, which would include but is not limited to signing an estoppel certificate. If the tenant fails to do so, the landlord is irrevocably empowered to sign any such document in the name of the tenant as the act and deed of the tenant.
28. WAIVER: The failure of the landlord to insist on strict performance of any of the covenants or conditions of this lease or to exercise any option conferred in this lease in one or more instances shall not be considered a waiver or relinquishment of any such covenants or conditions for the future.
29. DEFAULT/REMEDIES: If the tenant defaults in regard to any of the terms and conditions set forth in this lease, the Rules and Regulations or if the landlord has grounds for eviction, the landlord may declare this lease null and void and/or terminate the lease or exercise any remedy permitted by law. In such event, the tenant shall thereafter quit and surrender possession of the leased premises to the landlord. In the event of default and/or eviction, the landlord shall be entitled to re-enter the leased premises by any method prescribed by law to remove all persons for any cause permitted by law.
In case of any such default, re-entry, expiration and/or dispossession, all unpaid rent for the full term of this lease shall be due, together with such expenses as landlord may incur, including but not limited to attorney's fees, court costs and constable fees, brokerage fees and costs of putting the leased premises in good order, and/or for preparing the premises for re-rental. If the tenant is evicted from the premises as a result of a summary dispossess action or any other action at law (based upon non- payment of rent or for any reason set forth in a Notice to Quit or in any court action), the tenant shall still be responsible to the landlord for rent for the balance of the lease term as well as all of the landlord's reasonable attorney's fees, costs and damages.
If the tenant vacates the apartment as a result of a Notice to Quit sent by the landlord, the tenant shall still remain responsible for all unpaid rent for the full term of this lease, together with such expenses as the landlord may incur, including but not limited to attorney's fees, court costs and constable fees, brokerage fees and costs of putting the leased premises in good order, and/or for preparing the premises for re-rental.
The landlord's remedies are cumulative. Exercise of any remedy does not act as a waiver of the landlord's other remedies.
30. MULTIPLE TENANTS: In the event that more than one tenant resides in the apartment, it is specifically understood and agreed, without qualification, each tenant has the absolute obligation to immediately notify the landlord in writing in the event that any tenant intends to vacate the apartment on his or her own. In such event, if the remaining tenant(s) wish(es) to continue to occupy the apartment, it is expressly agreed and understood that no additional person or persons may occupy the apartment (as either an occupant or a tenant) with the remaining tenant without the prior written consent of landlord as set forth in this lease. The landlord may withhold its consent for any reason or no reason. Any act by the remaining tenant to replace or substitute a vacating tenant or occupant without written consent of the landlord shall be deemed a substantial breach of this Lease and is grounds for eviction. Nothing in this paragraph shall be construed as a release of liability of the vacating tenant of the terms of this lease unless agreed to in writing by the landlord and all remaining tenants.
31. SEVERABILITY: In the event that a provision or a portion of any provision of this lease shall be held to be unenforceable, null and void, or a violation of public policy, such provisions shall be severed from this agreement and the remainder of this agreement shall continue in full force and effect.
32. CAPTIONS: Captions are inserted only as a matter of convenience and for reference and in no way to define, limit or describe the scope of this lease, nor the intent of its provisions.
33.
NOTICES: All notices given under this lease must be in writing. Unless otherwise provided by law, they must be given: a) by personal delivery and regular mail; or b) by certified mail, return receipt requested and regular mail. Each party must accept the certified mail sent by the other. Notices shall be sent or delivered to the Landlord at
or such other address as shall be provided by the landlord, and notices to the tenant shall be sent to the tenant at the apartment.
34. MEGAN'S LAW STATEMENT: Under New Jersey Law, the county prosecutor determines whether and how to provide notice of the presence of convicted sex offenders in an area. In their professional capacity, real estate licensees are not entitled to notification by the county prosecutor under Megan's Law and are unable to obtain such information for you. Upon closing, (execution of the lease), the county prosecutor may be contacted for such further information as may be disclosable to you.
35. ATTORNEY REVIEW: This paragraph shall apply to a lease prepared by a licensed agent or broker, in a transaction in which they have a commission or fee interest.
1. Study by Attorney. The tenant or the landlord may choose to have an attorney study this lease. If an attorney is consulted, the attorney must complete his or her review of the lease within a three-day period. This lease will be legally binding at the end of this three-day period unless an attorney for the tenant or the landlord reviews and disapproves of the lease.
2. Counting the time. You count the three days from the date of delivery of the signed lease to the tenant and the landlord. You do not count Saturdays, Sundays or legal holidays. The Tenant and the Landlord may agree in writing to extend the three-day period for attorney review.
3. Notice of Disapproval. If an attorney for the tenant or the landlord reviews and disapproves of the lease, the attorney must send the notice of disapproval to the Broker(s) by certified mail, by telegram, or by delivering it personally. The notice will be effective upon signing. The personal delivery will be effective upon delivery to the Broker's office. The attorney may but need not also inform the Broker(s) of any suggested revisions in the lease that would make it satisfactory.
IN WITNESS WHEREOF, the landlord has signed and executed this lease by a duly authorized agent and the tenant has signed this lease on the day and year set forth below.
Contact Information:
(p)(732)-669-1111
Office address:
248 Wescott Drive
Rahway, NJ 07065
*For emergencies please contact your super