Furnished Canvas Terms and Conditions
The parties agree that the Tenant will rent Premises from the Landlord for use as a private dwelling only, together with the fixtures and appliances in the Premises, for the below stated Term of Lease, subject to all the provisions of this Lease.
Length of Lease
If the Tenant does not do everything agreed to do in this Lease, the Landlord may have the right to end it before the above date. If the Landlord does not do everything that Landlord agrees to do in this Lease, You may have the right to end the Lease before the ending date. If the Tenant occupies the unit for less than 180 days, their are taxes associated with their occupancy. Taxes include the Occupancy Tax which is equal to 5.875% of rent plus $120 for 1 bedroom / month. These taxes are included in the monthly rent.
Rent: You must pay Landlord the rent, in advance, on the first day of each month. You must pay the first month's rent to Landlord when You sign this Lease if the lease begins on the first day of the month. If the lease begins after the first day of the month, You must pay when you sign this lease (1) the part of the rent from the beginning date of this Lease until the last day of the month and (2) the full rent for the next full calendar month.
Security deposit: amounting to one month rent as predefined and agreed upon during commercial negotiations, will be payable to the Landlord by the Tenant before the aforementioned Lease commencement date. The deposit will be refunded to the Tenant within 30 days of the aforementioned Lease ending date, subject to the Premises, including fixtures, fittings, and furniture, being left in a good working order, except for reasonable wear and tear, commensurate with the condition of the same when the Tenant came into possession of the Premises and pending the issuance of all outstanding utility bills for charges incurred during the period of occupancy. The Security deposit may not be used for rental payments.
Obligo, Inc. (www.myobligo.com) offers a subscription-based billing authorization service. Landlord permits Tenants participating in the Obligo Service to subscribe to the Obligo Service in lieu of payment of a Security Deposit. If the Obligo Service terminates for any reason, Tenant agrees to pay the Security Deposit amount stated in this Lease to Landlord within thirty (30) days of such termination and to deliver notice at least fifteen (15) days before the expiration or termination of service.
LANDLORD AND TENANT FURTHER COVENANT AND AGREE:
1. Utilities and other charges: Rent is inclusive of utilities charges. Utilities charges may include electricity, heat, air-conditioning and internet. In the event a Landlord has incurred unreasonable excessive costs to the in relation to utilities due to misuse the Tenant may be liable for such costs above $150.00 per month.
2. Cancellation Policy: For a full refund of funds paid in advance, the Tenant must cancel the rental at least 30 (thirty) days prior to the Lease commencement date. If cancellation occurs at a later date, the following charges will be applicable:
a) From 29 (twenty nine) to 15 (fifteen) days prior to the Lease commencement date, a penalty of 25% of the monthly rental amount will be incurred.
b) From 14 (fourteen) to 1 (one) day prior to the Lease commencement date, a penalty of 1 (one) month’s rent will be incurred.
c) In the event that the rental was confirmed via an online channel, the Tenant, post Lease commencement date, can proceed to cancel within 24 hours of entering into possession of the Premises, only in the event that there are notable differences between the online photos/video and the actual apartment. In this case, rental cancellation can be carried out without incurring any associated costs.
All cancellations need to be submitted in writing (via e-mail) and the Landlord reserves the right to cancel the rental at any time and refund the prorated prepaid amount with a 30 (thirty) day notice period.
3. Payment by Check: If the chosen method of payment is specified as check and the first received check is returned, an extra fee of USD $50 will be applicable. For every additional returned check, the fee will be increased by 10%. In the event that check returns become a regularity, Finished Canvas LLC reserves the right to request payment by means of another cash equivalent and or submit a tenancy termination notice.
Early Termination and Renewal or Extension
4. Early Lease Termination: In the event that the Tenant wishes to terminate the Lease earlier than the planned duration, then he/she needs to notify the Landlord, by written means, at least thirty (30) days in advance. However, the rental rate for the entire Lease duration (up to the requested termination date) may be adjusted to the prevailing shorter duration rental rate at time of execution of the Lease. Termination of the Lease will only be permitted after occupancy of at least thirty (30) days.
5. Lease Renewal/ Extension: The Lease is valid up to the end of the Lease Term after which it is considered null and void. The Landlord reserves the right to refuse a request to renew/extend the Lease . A Lease renewal or extension is subject to an increase in the monthly rent charged. The renewal or extension shall be considered valid only if the Tenant and Landlord have executed such renewal or extension documentation and upon Tenant’s payment to Landlord of the agreed upon monthly rent and security deposit difference.
Cleaning & Maintenance
6. Liability/ Usage of Property: The Landlord shall bear the expense of all repairs, maintenance, alterations, or improvements to the basic structure (exterior walls, roof, heating, ventilating, air conditioning, electrical, plumbing and other systems on the Premises). However, it is the Tenant’s obligation to report any such issues in a timely manner. All general repairs and maintenance tasks on the Premises (including work regarding fixtures and equipment), resulting from misuse by the Tenant, are the responsibility of the Tenant. This clause includes appliances. Landlord accepts that appropriate use of them will negate Tenant’s responsibility of electrical component failure.
7. Repairs & Maintenance: All communication relevant to repairs and maintenance tasks will be carried out via the Carson application. Moreover:
a) Finished Canvas is on call from 09:00am 6:00pm, 5 (five) days a week, Monday – Friday.
b) All non urgent requests submitted post working hours will be reviewed the following working day
c) Finished Canvas will handle all maintenance issues upon request and depending on the type of issue, there may or may not be additional charge.
d) Damages/ issues caused by the Tenant or additional requests of any nature will incur a charge
e) The building or Finished Canvas employees/contractors have the right to enter the Premises if a maintenance request is made.
8. Cleaning Exit Fee: Upon lease termination and the Tenant vacating the Premises, housekeeping services will be called upon to bring the unit in its original condition of cleanliness. The fee for cleaning services is included in the rental payment.
9. Maintenance Outside Operating Hours: In the event that the Tenant requires urgent maintenance or assistance via onsite intervention outside the designated service hours – and for matters that do not concern infrastructure or equipment malfunctioning and/or maintenance, a service charge may be applied by the building.
10. Amenities: The Tenant is responsible for any extra amenity fees charged by the building.
11. Internet: High speed wireless internet is provided as a convience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
12. Additional Services & Payment: In the event that any additional service packages for additional or alternative services are purchased and assigned to the Premises, these will not be considered as part of the basic utilities package included in the rent offered by Finished Canvas LLC. As such, full responsibility for usage and payment will be assumed by the Tenant. Landlord reserves the right to deduct from the Tenant’s Security Deposit any unpaid bills for these noted services after Tenant vacates the Premises.
Changes & alterations
13. Use of Property/ Liability: The Tenant agrees to keep the interior of the said Premises in good condition, throughout the duration of their occupancy. The Tenant also agrees to keep the interior in good decorative order, as per the original Premises settings, including all fixtures and fittings. The Tenant is responsible to make good, pay for or, at the request of the Landlord, to compensate for all damages to the Premises caused by the Tenant and also to make good or, if so required by the Landlord, pay for the repair of or replacement of all such fixtures and fittings if broken, lost, stolen damaged or destroyed. This condition is subject to reasonable wear and tear. A list of all the Premises’decorative fixtures and furniture is annexed to this Lease as Annexure A.
14. Lease Changes/ Admin Fees: Any changes requested to the drawn and signed by all parties contract, will be subject to an administrative fee which will be defined on an ad hoc basis. Such changes involve the addition and alteration of occupants, any updates to the Tenant’s contact information and/or any alterations to Lease dates.
15. Upon mutual agreement, the Tenant may be relocated to a different Premises for an agreed duration. If this is carried out at the personal request of the Tenant, no relocation fee will be applicable, however, the Tenant will be obliged to cover the cleaning exit fee specified above.
16. In the event that the Premises becomes unavailable for the whole or any part of the Lease term and the Tenant does not accept a suitable alternative accommodation offered by the Landlord, then the Tenant is entitled to cancel the Lease, and any amount prepaid to the Landlord for the outstanding period of the lease will be refunded. It must be noted that neither Finished Canvas LLC nor any Third Party Suppliers will be liable to the Tenant for any further amounts in respect to the cancellation of the Lease.
Code of conduct
17. Move-in/ Move out Times: Monday - Friday: 9:00 a.m. - 7:00 p.m., Saturday & Sunday: 9:00 a.m. - 7:00 p.m. Please seek additional information from Canvas Property Group should further assistance be required.
18. Listed Occupants: The Premises will be occupied only by the Tenant and predefined other individuals (i.e. partner, spouse and/or children). All listed occupants may be subject to background checks. Furthermore, a maximum of 2 guests per bedroom will be permitted to occupy the Premises. Moreover, the specific guest policy by building (where applicable) will be enforced.
19. Building Rules and Regulations: The listed occupants as well as their invitees and visitors will comply fully and at all times with all Rules and Regulations of the Building.
20. Subleasing: The Tenant cannot sublease the property to a third party, under any conditions.
21. Scheduled Premises Visitation: The Landlord has the right to conduct non emergency visits to the Premises, so as to examine the condition of the apartment or to inspect, maintain, repair, alter, improve or rebuild any adjoining or neighboring property or to maintain, repair or replace the fixtures and fittings or for the purpose of complying with any obligations imposed on the Landlord by law. These visits should be scheduled in advance and a period of twenty-four (24) hours notice will suffice.
22. Scheduled Premises Viewings: The Landlord has the right to conduct viewings of the Premises with potential new Tenants.
23. Non-Smoking Policy: The Landlord clearly states that smoking is not allowed in the Premises. Upon determining that smoking has been carried out within the Premises, a fine of USD $1,000 will be applicable and a cleaning session is deemed necessary, the full cost of which will be borne by the Tenant.
24. Furniture removal: The Tenant does not hold the right to remove any unwanted items of furniture from the premise on his/her own accord. Removal of furniture can be accommodated upon specific request to the Landlord and at an added charge, which will be specified upon request.
25. Pet Policy – allowed pets: Subject to Landlord approval, it is further agreed between the Landlord and Lesse that the Landlord grants permission for the Tenant to keep a domestic pet (The Pet) on the Premises for the duration of the Lease term, if this is in accordance with the building regulations. Furthermore, the Tenant agrees to an up front payment of USD $500 as a Pet Fee for bringing The Pet on the Premises. If the building regulations require an additional monthly pet fee, this cost is to be solely borne and payment handled directly by the Tenant. The Tenant agrees not to keep or permit to be kept on the Property any further pets or animals of any description without the previous consent in writing of the Landlord.
26. Pet Policy - damages: The Tenant hereby undertakes and agrees to remedy and pay for any damage to the Premises and/or its contents caused by The Pet residing at the Premises. For the avoidance of doubt any such damage shall not be deemed to be reasonable wear and tear.
27. Trash: The Tenant shall dispose of all waste material generated during the rental period in the designated area for the building.
28. Keys & Premises Access Cards: The Tenant acknowledges receipt of Carson Application electronic access control, and/or 2 electronic access cards/keys, to the Premises. The Tenant shall be responsible for the security of the Premises until all keys, access cards and/or parking controls have been returned to Landlord. The Tenant shall not change, rekey the locks or add additional locks or security devices to Premises without the Landlord's express written permission. Unless all keys are returned to Landlord, the Tenant agrees to pay the Landlord the equivalent cost of all keys/cards controls lost. If feasible, additional keys/access cards will be issued by the Landlord and delivered to the Tenant, upon request of the latter. The Tenant is shall bear the cost for any additional keys.
29. Lockout Policy: In the event that a Tenant is locked out of the apartment, and requires assistance from the Landlord or building representatives, an assistance fee may be applicable the cost of which will be identified ad hoc.
30. Fire Alarms: If the property has fire alarms the Tenant must notify the Landlord without delay if a fire alarm “chirps” or has a low battery condition.
31. Quiet Enjoyment: The Tenant shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding residents. The Tenant shall not create noise or disturbances likely to disturb or annoy the surrounding residents. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement.
32. Criminal Activity: The Tenant undertakes to make use of the Premises only as a residential dwelling, as stated in this Lease. No use of illegal nature will be tolerated, whatsoever. If the registered Tenant(s) or any of their guests, on one or more occasions, uses or permits the use of the leased Premises for the commission of a felony or Class A misdemeanor under the laws of the United States of America and the State of New York, the Landlord shall have the right to void the lease and recover the leased Premises.
33. Right to terminate: The Landlord, on written notice to the Tenant, may terminate this Lease agreement with immediate effect on the occurrence of any of the following events: 1) The Tenant’s acts or omissions result in damage to the premises and the Tenant fails to repair such damage or compensate the Landlord for any expenses, fees or any other charges incurred by the Landlord in carrying out the repair work, despite receiving seven days’ notice from the Landlord requiring him to carry out such repairs. 2) Any rent or any other money payable under this lease has not been paid within 15 days of the specified due date, whether it has been formally demanded or not.
34. Vacation of Premises: The Tenant shall vacate the Premises at the end of the Term. In the event the Tenant holds over in occupancy of the apartment after the Lease term expires, unless the Lease has been deemed renewed by the Landlord, in addition to any other penalties, costs, fees and expenses provided for in this Lease, Tenant agrees that Tenant shall be liable for payment of "use and occupancy" at 150% of the monthly rent in effect under the expired Lease.
Valuables and Personal Property
35. Returning Personal Possessions: The Landlord will do their best to recover and send back any items or personal property that the Tenant leaves behind or forgets to pack upon his/her departure. The Landlord will inform of all/any shipping charges needed before sending anything back to the Tenant.
36. Liability for Personal Possessions: The Landlord accepts no liability for the loss or damage of the Tenant’s personal valuables or possessions for the duration of the occupancy. Furthermore, the Tenant is required to purchase Renters’ insurance. For his/her convenience, Lemonade is the preffered insurance provider of Canvas Property Group.
Disputes and Liability
37. This agreement is subject to the Laws of The United States of America and/ or the State of New York.
38. The Landlord will not be held responsible for any claims which results from any of the following: (a) the fault of the person(s) affected or any member(s) of their party or (b) the fault of a third party not connected with provision of accommodation by the Landlord which could not have been predicted or avoided or (c) an event or circumstance which could not have predicted or avoided even after taking reasonable care.
39. The Landlord does not accept responsibility for any services that are not part of the agreed service package. This includes any additional services or facilities that other suppliers have been instructed (by the Tenant) to provide to the Tenant.
40. Operating instructions are provided for various appliances available within the property. For further assistance, the Tenant should seek immediate assistance from the Landlord. In cases where facilities or amenities such as swimming pools, garden equipment, etc. are available, their use is strictly at the Tenant’s discretion and should be in accordance to the building’s rules and regulations. The Landlord bears no responsibility for accidents or misuse occured.
41. Any damage or loss caused by the Tenant or any third party associated with him/her throughout the duration of the occupancy at the Property (including areas where communal facilities are offered) must be reimbursed to the Lessor at the time of any incident and prior to the lease termination and departure. Failure to comply gives the right to the Landlord to withhold the verified amount from the Security deposit.
42. Force majeure: The Landlord does not accept liability or pay any compensation for any unforeseen events that may take place in the property or at the building of the property. Any such events will be considered as Force Majeure and NOT as negligence on the part of the Landlord. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, swimming pool closure, power cuts, TV or internet service out of order, water shortages, construction noise, evacuation by authorities and all similar events.