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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998
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IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS
COLUMBUS, OHIO
CYPRESS HOMES LLC / BRIAN KNOPPE
PO BOX 732
WORTHINGTON, 43085
Plaintiff,
vs. CASE NO.
BONNIE ROGERS
660 BUTLER AVE
COLUMBUS, OH 43223
Defendant.
COMPLAINT
COUNT ONE
1 On or about June 2, 2022, Plaintiff and Defendant, BONNIE ROGERS, entered into a rental
agreement whereby Defendant rented from Plaintiff the premises located at 434 Yale
Avenue, Columbus, OH 43223, for the period of two (2) years from June 3, 2022 to May 31,
2024 and month to month thereafter, with rent to be paid by Defendant to Plaintiff in the
amount of $1,149.00 per month, said rental agreement is attached hereto as Exhibit "A".
There is due and owing to Plaintiff from Defendant the sum of $14,300.40 for unpaid rent
due and owing including late charges inclusive but not limited to the period of July 2022
through June 2023.
COUNT TWO
3. Plaintiff re-alleges each and every allegation as if fully rewritten herein.
4, There is due and owing to Plaintiff from Defendant for extraordinary refurbishing expenses
incurred by Plaintiff, ordinary wear and tear excepted, the sum of $5,600.00.
CRENTCMPT
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COUNT THREE
5. Plaintiff re-alleges each and every allegation as if fully rewritten herein.
6. There is due and owing to Plaintiff from Defendant for utility expenses incurred by Plaintiff
the sum of $1,251.08.
WHEREFORE, Plaintiff demands judgment against Defendant, BONNIE ROGERS for the
sum of $19,811.48 after deduction of Defendant's security deposit, with interest thereon from the
date of judgment, and for all costs of this action. Plaintiff is not in any way seeking recovery of
attorney fees in this matter from the Defendant; because creditors such as the Plaintiff are not able to
recovery attorney fees in matters of this type from the Defendant, due to Ohio Revised Code
‘1301.21; if there is any reference in parties' agreement, an affidavit, or any other document between
the parties to attorney fees being due and owing this should be disregarded by the Defendant.
Respectfully submitted,
/s/ Alyson C. Tanenbaum
ALYSON C. TANENBAUM (0079774)
Dana & Pariser Co., L.P.A
495 East Mound Street
Columbus, OH 43215
Phone: 614-253-1010
Fax: 614-253-3310
Email: atanenbaum@dplawyers.com
Attorney for Plaintiff
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
CRENTCMPT
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998
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Brian Knoppe
P.Q, Box 732 + Worthington, OH 43085
(614) 972-7799
1. Real Estate Lease Agreement
1.4 REAL ESTATE LEASE AGREEMENT-LEASED PREMISES
This Reat tate Le 2 Agreement, "Agreemnent”, made on 06/02/2022, by Brian R. Knoppe, the "Landlord", and Bonnie J. Rogers hereafter
referred to in this Agreement as “Tenant. The coyenanis and conditions stated in this Lease shall bind both the Landlord and the Tenant
jointly and severally.
‘The Landlord, in consideration of the vent to be paid, and covenant and agreements to be performed by the Tenant does hereby lease the
following:
434 Yale Ave
Columbus, OH 43223
/in the County of Pranklin, state of Ohio, hereafter referred to as the "Home".
1.2 PERSONAL PROPERTY
oe
The Home shall include the following personal property owned by the Landlord. In fhe event a stove, zefrigeraton, clothes washer and
clothes dryer is included it is the tenant's responsibility to clean and maintain: Electric Range and Refrigerator
1.3 LEASE TERM
fenanit agrees to jointly and severally acenpy the following premises on a 24 month lea said term to commence at 9 AMon 06/ 3/2022
or if the Tenant is leasing a newly constructed home, then, when the Hame is 1 antially complete. The Home shall be deemed
substantially complete when the Landlord receives written or verbal permission from the local building jurisdiction to occupy the Home. It
is on this very day that the rent and uiility pro-ration shall begin, even if the Tenant occupie the Home at a Jater date Landlord and Tenant
acknowledge that delaysin construction can occur and Landlord shall not be held responsible for any delays in completing the construction
of the Home.
Lda Th is Agreement shall terminate at 100 PM on 05/31/2024 , inclusive, or if this is a New Build, 3 years from the daie the local building8.
jen isdliction gives permission to occupy the Home.
1.3 Tenant shall not sublet or assign this Agreement or any part thereof to any person or entity.
1 RENT
von
The Tenant agrees to pay as rent with out demand fo the Landlord by regu U. . Mail att he address below before the st day very
month,
Lda Payments made by the Tenant will first be applied to any outstanding down payment or deposit, then to outstanding fees, then past
ne utilities, then to past due invoices from Landlord for damage or repair to property that is Tenant's onsibility, then fo past due rents
before being applied to current rent obligations.
db The rent shalt be paid in monthly installments of $1,149.00 per month the first year. Rent will increase three percent (3%) (rounded up
to the nearest five (5) dol 1 Increment) the second year, The yearly increases will take effect the month in which the agreement began and
due on the first of the month, No provations are given.
4c LATE FEE. If all the rent and water payments due under the terms of the Lease are not received before 4:00 FM on the Fourth (4th) day
of the month, the Tenant agrees to pay a late change of 668,00 Flat Pee If paying by mail, The US. ostmark must be by the THIRD, Grd), of
the month to avoid the late charge. No exceptions for Sundays and holidays. No personal checks will be accepted for late rent and late fees.
14d Should this Agreement commence in mid-month, then rent shall be due in advance and prior to occupancy for both the partial month
and the following fill month. Any partial month payment shall be prorated on a 30 day basis.
1.4e Rent increases after the al lease term will be 3% (rounded up to the nearest five (8) dollar increment) per year unless another lease
agreement is signed by both parties.
1.4f Tenant's cancelled check or tissue copy of the bank check will act as the only receipt. Landlord shall not be required to provide any
additional receipt.
PLAINTIFE’S
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1.4g Landlord shall not be required to give change on any overpayment of rent, late fees, or other payments made by the Tenant. Tenant's
account will be credited for any overpayment.
1.4h Rents shall NOT be adjusted during interruption of utilities or failure of equipment or maintenance unless the failure is within the
Landlord's control and responsibility and exceeds a reasonable time for repair and such failure forces the Tenant to vacate the premises and
incur costs for temporary housing. In this event, Tenant shall submit such temporary housing receipts to Landlord for reimbursement. Under
NO circumstances shall the Tenant deduct monies from the lease payment for maintenance and repairs items paid by the Tenant. Tenant’s
account must be current in order to have maintenance work performed.
1.4i All rent must be paid by checks drawn on local banks that have retail offices in the metropolitan Columbus, Ohio area. Landlord will
not accept personal checks drawn on Charter One Bank. Tenant agrees not to pay rent with personal checks drawn on Charter One Bank.
1.5 SECURITY DEPOSIT
Renter's Choice. Tenant agrees to pay to the Landlord a security deposit of $1,149.00 as security for his faithful performance under the Lease
and law in full or select and subsequently fulfill one of the following rental security deposit payment alternatives: (1) payment of the security
deposit over a series of no fewer than 3 monthly installment payments, which installments shall be due on the same day as the monthly rent
payment and which may be paid together with the monthly rent payment in a single transaction, (2) payment of the security deposit over a
series of no fewer than 6 monthly installment payments, which installments shall be due on the same day as the monthly rent payment and
which may be paid together with the monthly rent payment in a single transaction.
The Tenant agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last
month of occupancy. The Landlord, at the expiration of the Lease or hold-over tenancy, may apply the security deposit for past due rent, fees,
utilities, and/or for the cost of repairing damages to the Home caused by Tenant, or his family and guests. Also, abandonment or vacating
of the Premises by the Tenant before the end of the term or without proper notice as required herein shall result in the Landlord deducting
damages incurred from the security deposit.
1.6 NOTICE TO TERMINATE AND RENEWAL
Unless another rental agreement is signed by the parties hereto or unless written notice of termination is given by one party to the other
three full calendar months before expiration of this agreement, this Agreement shall be automatically renewed for another year and may
only be terminated thereafter by either party giving a three calendar month written notice to the other party prior to the expiration of the
next year long rental period. Written notice provided three full calendar months prior to the expiration of the lease only prevents the lease
from renewing and does not terminate the lease early. Tenant shall include with said notice a forwarding address and phone numbers.
Notice must be received by regular U.S. Mail post-marked three full calendar months before expiration of this agreement. Verbal notice will
not be accepted. It is not possible to terminate the lease agreement prior to the expiration date referenced in paragraph 3a.
1.6a Tenant shall provide Landlord access to show the property to prospective Tenant/Purchasers and repairmen during the three month
notice period. Tenant agrees to cooperate fully during the visits. Landlord shall provide Tenant 24 hour notice by telephone before showing
the property.
1.6b Should Tenant fail to allow Landlord access to show the property after giving notice of Tenants intent to vacate, the “three month
calendar notice" date shall be deemed cancelled and shall restart after and only when Tenant allows Landlord access to exhibit the property.
Accordingly, if Tenant fails to allow Landlord to show the premises, then three full calendar month’s rent and utilities shall be due Landlord
from Tenant after the premises is vacated.
1.6c Tenant agrees to keep alll utilities active and in his name during the notice period and agrees NOT to have utilities shut off at any time.
Tenant agrees to notify utility company upon vacating premises and have said utilities placed back into the name of the Landlord. Tenant
shall be responsible for damage resulting from turning off the utilities including but not limited to water damage resulting from frozen
pipes.
4.7 UTILITIES
— a aoe
‘The Tenant agrees to place all utilities in his name prior to the commencement of the Lease and to timely pay for all utility service to the
Home for the duration of the Lease term.
1.7a Should the Tenant fail to place the utilities in Tenants name as required, then the Tenant agrees to pay 100 % of the next utility bill(s),
even if the utility bills are addressed to the Landlord and cover periods of non-occupancy. Tenant agrees to continue to pay such utility bills
until such time as the Tenant begins receiving the utility bills in his name.
1.7b Tenants are NOT permitted to enter into past due payment plans with the water company or any other utility companies. All utility bills
must be kept current at all times.
1.8 IMPROVEMENTS
so
Tenants are NOT allowed to make any improvements to the property without advanced express written permission of the Landlord. Tenant
agrees not to paint, mark, drive nails or screw into, deface in any way, move or install windows, cabinets, woodwork, stone, ironwork,
appliances, furnaces and other utilities, or other parts of the Home without Landlord’s prior written permission.
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1.8a Tenant shall NOT wallpaper, remodel, or erect outbuildings.
1.8b If Tenant wishes to have a cedar or wolmanized lumber deck or a cedar fence he may contact the Landlord in advance to discuss
the project. The Landlord must approve the project in writing and the Landlord will quote the cost of the deck or fence to Tenant to be
professionally installed by the Landlord. Payment arrangements will be made in advance.
1.8c Tenant may paint with advance written approval of Landlord. Tenant must use the exact paint specified by Landlord and tape off all
wood work and remove all switch plates and towel bars for Landlord's inspection prior to painting. If Tenant paints without Landlords
advance written approval, Tenant will be charged $250.00 per room painted. Bold colors, dark colors and semi-gloss paints are never
permitted.
1.8d Tenant shall not have water beds, pool tables, swimming pools, trampolines, aquariums, or install antennas or alarm systems on the
premises without the express written permission of the Landlord. Tenant is prohibited to use and store a barbeque grill within ten feet of
the structure.
1.8e Tenant shall not change locks. If Tenant feels a need for additional security they may contact the Landlord and make arrangements to
have new or additional locks installed by Landlord at Tenant's expense.
1.8f Tenant shall not disable, disconnect, alter or remove the Landlord's property.
1.8g Tenant may not add cable or TV outlets or cable wiring without receiving written permission of the Landlord in advance.
1.8h When the Tenant moves in, the Landlord shall furnish light bulbs for fixtures furnished by the Landlord; thereafter, light bulbs of the
same wattage shall be replaced at the Tenant's expense. When moving out, the Tenant shall surrender the Premises in the same condition as
when received, all light bulbs to be in working order.
1.8i All alterations, additions and fixtures supplied by Tenant and/or Landlord, including but not limited to locks, screens, storm doors,
garage door openers, fences, decks, paper holders, light fixtures, towel bars, plantings, mailboxes, basketball pole & hoop(s), television
antennae, security systems, and water conditioners, SHALL ALL REMAIN as part of the Home unless Landlord otherwise elects. In the
event the Landlord notifies the Tenant to remove an item installed by the Tenant, the Tenant shall remove or be responsible to Landlord for
the cost of removal of the addition(s)
1.9 USE OF PREMISES
~ ——
‘Tenant agrees that the premises will be used for residential purposes only, and shall only be occupied by the parties who sign as “Tenant”
below with their children whose names are . Roomers, lodgers, and other persons not listed and approved in writing by the Landlord are
prohibited.
1.9a The undersigned Landlord is either the title holder or is subleasing and has an option to purchase the subject property to include the
rights to rent and sell the subject premises.
1.9b Tenant agrees to use a metal flex, (nonflammable), vent hose for his/her dryer vent.
1.9c Tenant assumes the liability for their family, guests and employees and all property of Tenant located at the Home. Except if specifically
and directly caused by the negligence of the Landlord, Tenant agrees to indemnify and hold harmless and defend Landlord and his
employees, agents, suppliers, or subcontractors, from any loss, liability or damages and to pay all claims, judgments, costs and expenses,
arising out of any injury or damage to any person or property. Accordingly, Tenant agrees to carry the appropriate personal property and
liability insurance and ‘Tenant shall name Landlord as an additional insured party on such policies.
1.9d The Tenant shall not use the Home for any unlawful purpose or perform or permit any unlawful acts or use any illegal substances on
the premises or in the Home and agrees to report to Landlord any suspicious unlawful behavior they observe in the neighborhood.
1.9e Tenant shall not abandon the Home during the term of this Agreement. "Abandonment" shall mean the removal of substantial furniture
or possessions. Also, Abandonment shall mean vacation of the Home for more than 15 (fifteen) consecutive days even with possessions
intact, without notifying Landlord in writing of Tenants intention to stay.
1.9f Landlord does not offer fences, decks, basketball hoops, garage door openers and transmitters, mail boxes, security systems, storm or
screen doors, cable transmission, or trash containers with this Lease. Landlord is not responsible for gas lines and hook-ups for stoves and
for fireplaces to be operational. Landlord is not responsible for chimney and fireplace maintenance. Should this home contain such items,
Landlord does not warrant them to be in working order and any expense associated with repairing or maintaining these items shall be
the responsibility of the Tenant. Satellite dishes and associated wiring are not permitted to be affixed to the exterior of the home. Tenant
must provide a written drawing detailing requested location and installation technique to landlord for approval. Landlord must approve
installation location and technique prior to installation. Unapproved satellite and wiring installations will be removed without notice
and a fine of $350 will be immediately charged and due. If Tenant receives written approval to install a satellite dish, a deposit of $200 is
required prior to installation. Tenant is responsible for removing satellite dish and wiring at end of lease.
1.9g Tenant agrees to communicate updated email addresses, cell phone numbers and work numbers to Landlord at all times
1.9h With 24 hour telephone notice, Landlord or Landlord's agents shall at any time have the right of access to inspect or repair the Home
without interference or consent of Tenant, except for emergency situations.
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1.91 It is agreed that in the event the Tenant elects to have the home inspected at any time, the owner or owner's representative must be
notified 48 hours in advance of the time scheduled to inspect and have full authority to be present at time of inspection and to be able to
question the inspector and to receive copies of all inspection reports and associated paperwork at the same time as the Tenant receives the
them.
1.9j Landlord has the right to dispose of any of Tenant's property remaining at the Home after Tenant's vacancy. Title to such property shall
thereafter vest in Landlord. Tenant shall be responsible for the cost of moving, storage and or disposal.
19k If the Tenant is behind on rent or other fees, or after Tenant or Landlord have given notice to terminate this Lease, Landlord or his agents
or employees shall after providing 24 hour telephone notice have the right of access to inspect the home and to exhibit the Home for sale or
rent and the Tenant agrees to cooperate fully.
1.10 MAINTENANCE, CLEANING, AND REPAIR
The Tenant shall be responsible for all maintenance and repairs of the home and yard in accordance with the attached Real Estate
Maintenance Agreement. Tenant agrees to pay for any drain stoppages, clogged toilets, broken windows and doors, regardless of fault.
1.10a Tenant agrees to maintain alll interior and exterior areas, including lawn/grounds, of the home in a clean and sanitary condition, free
from debris, perishable food items, garbage and physical hazards. Tenant agrees to perform routine cleaning throughout the home on a
regular basis. Routine cleaning includes, but is not limited to vacuuming any carpeting, sweeping and washing floors, scrubbing the tub/
shower, scrubbing the toilet and sinks, dusting, washing dishes, discarding and removing food items/trash, and cleaning the interior and
exterior of all appliances and fixtures.
1.11 PETS
There shall be no animals or pets of any kind brought into the home or kept on the premises at any time, including pets owned by guests
or visitors. If pets are found to have been kept on the premises at any time, the Tenant will have to remove the pets immediately and
permanently and shall pay $1,500.00 to Landlord as an additional security deposit to be paid prior to the next rental installment due. No
pets, approved or not approved, of any kind are permitted in the garage. If it is evident pets were placed in the garage for any amount of
time a $1,000 non-refundable fee will be immediately charged and paid prior to the next rental installment.
1.1a The following breeds or animals that are mixed with these breeds are not allowed and constitute an immediate breach of the Lease
Agreement: Akitas, Alaskan Malamutes, Belgian Malinois, Chows, Dobermans, German Shepherds, Great Danes, Mastiffs, American Indian
Breed, Huskies, Pit Bulls, Rottweiler's, St Bernard, American Staffordshire Terrier, Presa Canario, King Corso, Dogo Argentino and Wolf
Hybrid. Exceptions to the pet policy are:
1.12 DEFAULT
ee
Tenant's failure to observe any Agreement term or condition hereof shall be considered a Default of the Agreement.
1.12a Failure to pay rent on time shall be considered a Default of the Agreement
1.12b Filing for bankruptcy protection during the term of this Agreement shall be considered a Default of the Agreement,
1.12c Providing any false information on the rental application shall also constitute default under the terms of this Lease.
1.13 EFFECT OF TENANT'S DEFAULT
In the event Tenant violates and /or fails to comply with any of the terms, or conditions of this Agreement, or any rules and regulations
heretofore or hereafter adopted by the Landlord, said breach shall constitute grounds for termination of the Agreement and or eviction by
the Landlord. It is expressly understood and agreed that Tenant shall be and remain liable for any maintenance, deficiency in rent, late fees,
and utilities, until such time as this Agreement expires or until such time as in the interim the premises are leased by another acceptable
Tenant. Landlord shall be reimbursed by the Tenant for any expense incident to re-renting, such as cleaning cost, trash removal, yard upkeep,
painting and advertising costs, commissions to re-rent, replacement or re-keying locks, court costs, as well as any damages which Landlord
may have sustained by virtue of the Tenant's use and occupancy of the premises. The Landlord shall attempt to mitigate any damages as a
result of abandonment.
1.14 TENANT/LANDLORD INSPECTIONS
Tenant agrees to make a written Property Inspection List PRIOR to occupancy listing any damage or dirty conditions found in the home.
Tenant agrees to keep a duplicate copy of this list. Tenant shall NOT be held responsible for items listed on the List but will be responsible
for any damage beyond what is listed on the List.
1.14a Tenant may submit to Landlord a 30-Day Post Occupancy list. This form may be submitted 30 days post occupancy but no later than
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40 days post occupancy.
1.14b The 30-Day Post Occupancy list will cover items that break or malfunction in the first 30 days such as a microwave, dishwasher,
plumbing leaks (clogs excluded), electric system, heating and cooling, roof leaks, disposal, sump pump operational issues with garage doors,
exterior doors and windows unless caused by damage.
L.14c The 30-Day Post Occupancy Form excludes items such as all cosmetic items, carpet, vinyl, tile, countertops, painting, drywall, trim,
and cosmetic issues with garage doors, cabinets and interior /exterior doors.
1.14d Tenant agrees to pay the amounts listed on the Security Deposit Addendum, attached hereto and made part of this Agreement, for
chargeable items resulting from damage or neglect, or not leaving the Home in as good of condition as agreed.
1.14e Landlord shall handle the security deposit as required by Ohio Revised Code Sec. 5321.16 governing security deposits in residential
leases.
1.15 MOVE OUT PROCEDURE
ae
Prior to vacating the premises, Tenant must provide Landlord with THREE FULL CALENDAR MONTHS written notice as required in
paragraph 1.6 of this Lease.
1.15a Tenant must initiate a scheduled walk through inspection of the premises with Landlord at the time when Tenant is substantially
moved out. This meeting shall be scheduled by the Tenant in advance with Landlord.
1.15b Tenant shall return ALL keys and garage door opener transmitters to Landlord's office along with a written forwarding address, day
and evening phone numbers and email address after Tenant is completely moved out and the premises is clean.
1.15¢ Tenant shall be responsible for rent, utilities and maintenance through the lease term, end of three calendar month notice date, or when
the keys and garage door openers are returned, whichever is later.
1.15d Tenant agrees to pay Landlord to have all walls painted, interior doors and woodwork painted, the home professionally cleaned after
repairs are completed, the carpet professionally steam cleaned, the carpet and vinyl replaced if stained or damaged, the furnace filter and
bulbs replaced, tubs, sinks, and counters caulked, carpentry items repaired and any damage repaired.
1.15e A $150 re-keying fee shall be paid by Tenant if keys are not promptly returned to the Landlord at the address below upon vacating
premises.
1.15f Tenant is not permitted to change the locks. If Tenant wants locks rekeyed they will notify Landlord who will cause the locks to be
changed at Tenant’s expense. If Tenant replaces locks they will be charged $150 per lock set.
1.16 FINANCING AND LOT PURCHASE CONTINGENCY
on
Should this Agreement involve a New Build, then this Agreementis contingent upon Landlord being able to purchase the specified building
lot and obtain construction and permanent end loan financing suitable to Landlord.
1.17 HOLDOVER
an
At the termination of this Agreement for reasons as herein provided, Tenant shall yield up immediate possession to Landlord, and failing to
do so, shalll pay for the whole time such possession is withheld the sum of Two Hundred Dollars ($200.00) per day as and for damages which
are hereby liquidated and fixed as damages, and not as a penalty. The provision of this clause shall not be held as a waiver by Landlord of
any right of reentry as herein set forth.
1.18 WARRANTY
Unless covered under separate agreement signed by both parties, Landlord offers NO WARRANTY
and Tenant is accepting the Home "AS
iS", and Tenant shall perform all maintenance and repairs. Exceptions, if any, MUST be noted below and initialed by Landlord:
1.19 REWRITE
—_— —
Tenant agrees to signa clean rewrite ofall documents pertaining to this Agreement at any time hereafter if requested to do so by Landlord.
1.20 LEGAL REPRESENTATION
oe a _
It is recommended that Tenant consult with an attorney should he have any questions or concems regarding this Agreement prior to signing
same.
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1.21 SEVERABILITY
Ifa court of competent jurisdiction holds any provision of this Agreement to be contrary to law or void as against public policy or otherwise,
such provision shall either be modified to conform to law or be considered severable, with the remaining provisions continuing in full force
and effect.
1.22 BINDING AGREEMENT
a ——
Itis mutually agreed that this Agreement shall be binding upon the parties, heir assigns, irs, executors or administrators.
1.23 TRASH/RECYCLING
—— eee
‘The Tenant agrees to comply with all current and future trash and recycling laws, including sorting, separating and recycling garbage into
whatever categories the law or neighborhood association prescribes. Tenant must have trash in appropriate trash containers and may not
set trash bags outside the home unless enclosed in a trash can. Trash cans may only be set out on trash day.
1.24 NEIGHBORHOOD ASSOCIATION DUES AND ASSESSMENTS
—
‘Tenant shall be responsible for payment, of all neighborhood association fees and assessments for the prorated periodof their occupancy
and when they become due.
1.25 NEIGHBORHOOD RESTRICTIONS
_
Tenant agrees to abide by the deed restrictions, and neighborhood association rules and regulations that pertain to the property, ‘including
but not limited to restrictions on fences, swimming pools, trampolines, satellite dishes and antennas, parking of boats, trailers, commercial
vehicles, etc. Tenant may not violate local noise ordinances or cause noise complaints from neighboring properties.
1.26 CONFIDENTIALITY
—— — fn ce
The undersigned parties shall not discuss the terms or conditions of this Agreement with third persons, or provide copies of these
agreements to third persons such being considered confidential.
1.27 COMMUNICATIONS
Tenant agrees to maintain an email address, operating home and or mobile telephones complete with answering device at all times and to
provide Landlord with a secondary day telephone number. Tenant further agrees to update Landlord through the Tenant Services page on
the website each and every time these telephone numbers change. Notices can also be sent to the office.
1.27a Tenant agrees to allow Landlord to contact Tenant via phone calls, emails and text messages.
1.27b Tenant agrees to inform Landlord in writing every time his employment changes, including the new employer, work address,
occupation, and employer phone number. Tenant authorizes Landlord to obtain credit records now and in the future and for as long as
money is owed on the account.
1.27c All notices required hereunder shall be provided by regular U.S. mail to the Tenant at Tenant’s Home and to the Landlord at P.O. Box
732, Worthington, OH 43085. Landlord's phone is 614-972-7799.
1.28 APPLICABLE LAW
ae
This Agreement shall be governed by Ohio law.
1.29 FORCE MAJEURE
— —
The Landlord shall not be liable to Tenant for damage caused by flood, wind, earthquake, or other natural catastrophes. Tenant accordingly
agrees to purchase the appropriate insurance to protect against such occurrences.
1.30 RECORDATION
The Tenant may not record this Agreement.
1.34 INTEREST CHARGED
‘The Tenant may be charged interest at a rate of 18% (EIGHTEEN PERCENT) on any past due balance beginning when the late fees stop
accumulating.
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1.32 MORTGAGEE'S RIGHTS
——
Tenant's rights under ththis Agreement shall be subject to any bon-a-fide mortgage which exists or may hereafter be placed on the property.
1.33 LEAD & ASBESTOS CONTAINING MATERIALS
ote — ——— en een
If property was constructed prior to 1978 it may contain lead based paint and/or asbestos containing materials. This shall serve as
constructive notice that this property was constructed on 1927
1.34 WET BASEMENT/ROOF/PLUMBING LEAKS
—~ a ~ a
Landlord shall not be held responsible for damage to Tenant's personal property resulting from water, mold or mildew.
1.35 ACCURACY & RESPONSIBILITY
one ——
Landlord has relied upon the information contained iin Tenant's Application to enter into this Agreement. Tenant warrants that their rental
application is true, complete and accurate. Tenant understands that if he has falsified any statement in the application, he is in breach of this
Agreement. Landlord has the right to terminate this Agreement immediately and Landlord shall be entitled at a minimum to retain any
payments received.
1.36 INSURANCE
a
Landlord is carrying fire/! hazard insurance
i on the premises with a minimum $1,000 deductible. In the event of a loss, Tenant and Landlord
shall each pay one half the damage up to the deductible. Tenant is responsible for carrying insurance on their possessions. Tenant is required
to obtain liability renters insurance naming the building owner and landlord as an additional insured.
1.37 FAILURE TO ACT
Failure of Landlord to insist upon strict compliance with the terms of this Agreement shall not constitute a waiver of any violation, nor shall
any acceptance of a partial payment of rent be deemed a waiver of Landlord's right of full amount,
1.38 LEASE/PURCHASE
If the Tenant also entered into a purchase agreement with Landlord for this property, then any breach of the purchase agreement shall be
deemed a breach of this Lease Agreement
1.39 DISPUTES
en
All disputes arising under the terms and conditions of this Real Estate Lease Agreement shall be handled in accordance with the attached
Private Court Trial Agreement.
1.40 ENTIRE AGREEMENT
Except for a Real Estate Option Purchase Contract concerning the Home as may be executed contemporaneously or hereafter between the
parties, this Agreement contains the entire understanding between the parties and supersedes any prior verbal or written understandings or
Agreements between them respecting the subject matter. There are no representations, arrangements, understandings or Agreements, oral
or written, among the parties hereto relating to the subject matter of this Agreement, except those fully expressed herein. The signing of
this Agreement makes null and void any previous written or oral Agreement(s) between Tenant and Landlord or Landlord's sales agents,
employees, or representatives. This Agreement is not a financing Agreement.
1.41. AMENDMENTS
a
No changes, alterations, modifications, or additions will be valid except those made in writing and signed by both parties.
1.42 RECEIPT OF DOCUMENTS
on
‘The undersigned Tenant agrees that he has had ample time to review all documents he signed and that all documents were fully explained
to his satisfaction, that Tenant is signing voluntarily and of his own free will and Tenant acknowledges that he has received a copy of all
documents that contain his signature.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998
0G615 - N7
By initialing below, you acknowledge and agree to the terms in Section 1.
BR
Bonnie jogers.
2. Fees and Dispute Resolution
2.1 FEE SCHEDULE AGREEMENT
ie eee
21a BANK RETURNED CHECK CHARGE. If a rent check is not cashed or processed by the bank for any reason or if the Landlord calls
ahead and is told that the check will not clear for any reason, a $50.00 charge will be made to the Tenant by the Landlord in addition to the
accrued late charges resulting from the returned check. If the check is presented
a second time by the Bank or Landlord and returned a
second time for any reason an additional return check charge will be made to the Tenant in addition to the accrued late charges resulting
from the second returned check. To prevent a second returned check charge, Tenant must call Landlord immediately upon learning that the
check was returned, and make arrangements to bring in a cashier check to cover the balance due on the account.
2.1b SECOND BANK RETURNED CHECK CHARGE. Ifa rent check is not cashed or processed by the bank for any reason or if the Landlord
calls ahead and is told that the check will not clear for any reason a second time, a $60.00 charge will be made to the Tenant by the Landlord
in addition to the accrued late charges resulting from the returned check. Each additional returned check charge will increase $10.00 not
exceed 10% of the check amount.
2.1¢ CASHIER CHECK REQUIREMENT. After the Tenant has had a check returned for insufficient funds, Tenant agrees to make all future
payments to Landlord by bank cashier check. Money orders are discouraged.
2.1d LANDLORD RETURNED CHECK. If Landlord returns a check because it is short the amount due, or not made out to the proper
party/ or because it is not a cashier check when one is required, a $20.00 charge will be made to the ‘Tenant by the Landlord in addition
to the accrued late charges resulting from the check being retumed.
2.1e MAILING FEE. If the Landlord is compelled to mail to Tenant an invoice, utility bill, or letter informing Tenant of a violation of the
Lease, a $9.00 mailing fee will be charged.
2.1f DUPLICATE DOCUMENTS. After receiving the initial copy of documents the charge for additional duplication of documents by
Landlord for Tenant is $ 5.00 plus $.50 per page.
2.1g VERIFICATION OF RENT OR RESIDENCY REQUEST. The charge for verification of rent, residency and or payment history for Tenant
to 3rd parties is $20.00 per occurrence paid ahead of time. The Verification /Request will only be completed if the Tenant’s account is current.
2.1h RECEIPTS. Should Tenant insist on a written signed receipt by the Landlord, or his Agent, other than his cancelled check, a fee of $3.00
will be charged.
2.1i LEASE/CODE VIOLATION. If Landlord is forced to mail/email a letter notifying Tenant of a Lease or Code Violation a $15.00 fee will
be charged.
2.1) THIRD PARTY CHECKS, If payment or partial payment is made by a third party check or an endorsed payroll check, a fee of $10.00 will
be charged.
2.1k REQUESTED LETTERS. Ifa letter or form is provided/ filled out for a Tenant at the Tenant's request a fee of $25.00 will be charged.
2.11 All checks and money orders must be made out to Brian R. Knoppe. Should checks or money orders be made out to any other entity, a
fee of $10.00 will be charged.
2.2 DISPUTE RESOLUTION-PRIVATE COURT TRIAL AGREEMENT PERTAINING TO THE REAL ESTATE
LEASE
In theevent that litigation is brought in any State or- Federal Court, relating to, arising out of or concerning this Real Estate
Lease, OTHER THAN RESTITUTION OF PREMISES COMPLAINT, OR SECOND CAUSE OF ACTION FOR DAMAGES BROUGHT
ABOUT BY LANDLORD, we hereby agree and covenant with each other, if requested by either party, to waive and give up the right to a
jury trial and to submit all manner of causes of actions, controversies, differences, claims, or demands whatsoever, including counter suits,
whether of fact or of law or both, to be resolved at the request of any party, by a trial on order of reference conducted by a retired judge
or justice recommended by the Ohio Private Trial Association, appointed pursuant to the provisions of Ohio Revised Code Section 2701.10
or any amendment, addition, or successor section there to try, determine, and adjudicate the case in its entirety. The parties intend this
reference agreement to be specifically enforceable
in accordance with said section, if the parties are unable to agree upon a retired judge
recommended by the Ohio Private Trial Association to act as Judge, then one shall be appointed by the Presiding Judge of the Common
Pleas Court of the county wherein the hearing is to be held. The parties further agree to assume full responsibility for providing facilities,
8
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998
0G615 - N7
equipment, and personnel reasonably needed by the retired Judge, the estimated reasonable fees and costs of the trial or proceeding, as
may be specified in advance by the retired Judge in accordance with his/her customary fee schedule. The parties shall initially share
equally by paying their proportionate amount of the estimated fees and costs of the retired judge. Failure of any party to make such a fee
deposit shall result in a forfeiture of the non-depositing party of the right to prosecute or defend the cause(s) of action which is (are) the
subject of the reference, but shall not otherwise serve to abate, stay, or suspend the reference proceeding. This provision operates as an
agreement by the parties hereto for reference pursuant to Ohio Revised Code Section 2701.10.
2.3 AFFORDIBILITY DISCLOSURE
THE UNDERSIGNED HEREBY ‘ACKNOWLEDGES THAT THEY BELIEVE THAT THEY CAN AFFORD TO MAKE ‘THE MONTHLY
PAYMENTS AS REQUIRED UNDER THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS THEY HAVE SIGNED,
AND THAT THEY ARE ACTING UNDER THEIR OWN VOLITION IN EVALUATING THEIR FINANCIAL ABILITY AND FURTHER
ACKNOWLEDGE THAT THE LANDLORD/SELLER HAS MADE NO CLAIMS OR GUARANTEES TO TENANT/BUYER THAT THEY
CAN AFFORD THIS OBLIGATION. THIS IS NOT A FINANCING AGREEMENT.
2.4 LATE FEE AGREEMENT
2.da A late fee in the amount of $65.00 Flat Fee will be due and payable for a
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6é | iM I | | ll ill | * @ 32 3 43 = 4 * IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS COLUMBUS, OHIO CYPRESS HOMES LLC / BRIAN KNOPPE PO BOX 732 WORTHINGTON, 43085 Plaintiff, vs. CASE NO. BONNIE ROGERS 660 BUTLER AVE COLUMBUS, OH 43223 Defendant. COMPLAINT COUNT ONE 1 On or about June 2, 2022, Plaintiff and Defendant, BONNIE ROGERS, entered into a rental agreement whereby Defendant rented from Plaintiff the premises located at 434 Yale Avenue, Columbus, OH 43223, for the period of two (2) years from June 3, 2022 to May 31, 2024 and month to month thereafter, with rent to be paid by Defendant to Plaintiff in the amount of $1,149.00 per month, said rental agreement is attached hereto as Exhibit "A". There is due and owing to Plaintiff from Defendant the sum of $14,300.40 for unpaid rent due and owing including late charges inclusive but not limited to the period of July 2022 through June 2023. COUNT TWO 3. Plaintiff re-alleges each and every allegation as if fully rewritten herein. 4, There is due and owing to Plaintiff from Defendant for extraordinary refurbishing expenses incurred by Plaintiff, ordinary wear and tear excepted, the sum of $5,600.00. CRENTCMPT Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6 COUNT THREE 5. Plaintiff re-alleges each and every allegation as if fully rewritten herein. 6. There is due and owing to Plaintiff from Defendant for utility expenses incurred by Plaintiff the sum of $1,251.08. WHEREFORE, Plaintiff demands judgment against Defendant, BONNIE ROGERS for the sum of $19,811.48 after deduction of Defendant's security deposit, with interest thereon from the date of judgment, and for all costs of this action. Plaintiff is not in any way seeking recovery of attorney fees in this matter from the Defendant; because creditors such as the Plaintiff are not able to recovery attorney fees in matters of this type from the Defendant, due to Ohio Revised Code ‘1301.21; if there is any reference in parties' agreement, an affidavit, or any other document between the parties to attorney fees being due and owing this should be disregarded by the Defendant. Respectfully submitted, /s/ Alyson C. Tanenbaum ALYSON C. TANENBAUM (0079774) Dana & Pariser Co., L.P.A 495 East Mound Street Columbus, OH 43215 Phone: 614-253-1010 Fax: 614-253-3310 Email: atanenbaum@dplawyers.com Attorney for Plaintiff THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CRENTCMPT Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6 Brian Knoppe P.Q, Box 732 + Worthington, OH 43085 (614) 972-7799 1. Real Estate Lease Agreement 1.4 REAL ESTATE LEASE AGREEMENT-LEASED PREMISES This Reat tate Le 2 Agreement, "Agreemnent”, made on 06/02/2022, by Brian R. Knoppe, the "Landlord", and Bonnie J. Rogers hereafter referred to in this Agreement as “Tenant. The coyenanis and conditions stated in this Lease shall bind both the Landlord and the Tenant jointly and severally. ‘The Landlord, in consideration of the vent to be paid, and covenant and agreements to be performed by the Tenant does hereby lease the following: 434 Yale Ave Columbus, OH 43223 /in the County of Pranklin, state of Ohio, hereafter referred to as the "Home". 1.2 PERSONAL PROPERTY oe The Home shall include the following personal property owned by the Landlord. In fhe event a stove, zefrigeraton, clothes washer and clothes dryer is included it is the tenant's responsibility to clean and maintain: Electric Range and Refrigerator 1.3 LEASE TERM fenanit agrees to jointly and severally acenpy the following premises on a 24 month lea said term to commence at 9 AMon 06/ 3/2022 or if the Tenant is leasing a newly constructed home, then, when the Hame is 1 antially complete. The Home shall be deemed substantially complete when the Landlord receives written or verbal permission from the local building jurisdiction to occupy the Home. It is on this very day that the rent and uiility pro-ration shall begin, even if the Tenant occupie the Home at a Jater date Landlord and Tenant acknowledge that delaysin construction can occur and Landlord shall not be held responsible for any delays in completing the construction of the Home. Lda Th is Agreement shall terminate at 100 PM on 05/31/2024 , inclusive, or if this is a New Build, 3 years from the daie the local building8. jen isdliction gives permission to occupy the Home. 1.3 Tenant shall not sublet or assign this Agreement or any part thereof to any person or entity. 1 RENT von The Tenant agrees to pay as rent with out demand fo the Landlord by regu U. . Mail att he address below before the st day very month, Lda Payments made by the Tenant will first be applied to any outstanding down payment or deposit, then to outstanding fees, then past ne utilities, then to past due invoices from Landlord for damage or repair to property that is Tenant's onsibility, then fo past due rents before being applied to current rent obligations. db The rent shalt be paid in monthly installments of $1,149.00 per month the first year. Rent will increase three percent (3%) (rounded up to the nearest five (5) dol 1 Increment) the second year, The yearly increases will take effect the month in which the agreement began and due on the first of the month, No provations are given. 4c LATE FEE. If all the rent and water payments due under the terms of the Lease are not received before 4:00 FM on the Fourth (4th) day of the month, the Tenant agrees to pay a late change of 668,00 Flat Pee If paying by mail, The US. ostmark must be by the THIRD, Grd), of the month to avoid the late charge. No exceptions for Sundays and holidays. No personal checks will be accepted for late rent and late fees. 14d Should this Agreement commence in mid-month, then rent shall be due in advance and prior to occupancy for both the partial month and the following fill month. Any partial month payment shall be prorated on a 30 day basis. 1.4e Rent increases after the al lease term will be 3% (rounded up to the nearest five (8) dollar increment) per year unless another lease agreement is signed by both parties. 1.4f Tenant's cancelled check or tissue copy of the bank check will act as the only receipt. Landlord shall not be required to provide any additional receipt. PLAINTIFE’S f Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6. 1.4g Landlord shall not be required to give change on any overpayment of rent, late fees, or other payments made by the Tenant. Tenant's account will be credited for any overpayment. 1.4h Rents shall NOT be adjusted during interruption of utilities or failure of equipment or maintenance unless the failure is within the Landlord's control and responsibility and exceeds a reasonable time for repair and such failure forces the Tenant to vacate the premises and incur costs for temporary housing. In this event, Tenant shall submit such temporary housing receipts to Landlord for reimbursement. Under NO circumstances shall the Tenant deduct monies from the lease payment for maintenance and repairs items paid by the Tenant. Tenant’s account must be current in order to have maintenance work performed. 1.4i All rent must be paid by checks drawn on local banks that have retail offices in the metropolitan Columbus, Ohio area. Landlord will not accept personal checks drawn on Charter One Bank. Tenant agrees not to pay rent with personal checks drawn on Charter One Bank. 1.5 SECURITY DEPOSIT Renter's Choice. Tenant agrees to pay to the Landlord a security deposit of $1,149.00 as security for his faithful performance under the Lease and law in full or select and subsequently fulfill one of the following rental security deposit payment alternatives: (1) payment of the security deposit over a series of no fewer than 3 monthly installment payments, which installments shall be due on the same day as the monthly rent payment and which may be paid together with the monthly rent payment in a single transaction, (2) payment of the security deposit over a series of no fewer than 6 monthly installment payments, which installments shall be due on the same day as the monthly rent payment and which may be paid together with the monthly rent payment in a single transaction. The Tenant agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last month of occupancy. The Landlord, at the expiration of the Lease or hold-over tenancy, may apply the security deposit for past due rent, fees, utilities, and/or for the cost of repairing damages to the Home caused by Tenant, or his family and guests. Also, abandonment or vacating of the Premises by the Tenant before the end of the term or without proper notice as required herein shall result in the Landlord deducting damages incurred from the security deposit. 1.6 NOTICE TO TERMINATE AND RENEWAL Unless another rental agreement is signed by the parties hereto or unless written notice of termination is given by one party to the other three full calendar months before expiration of this agreement, this Agreement shall be automatically renewed for another year and may only be terminated thereafter by either party giving a three calendar month written notice to the other party prior to the expiration of the next year long rental period. Written notice provided three full calendar months prior to the expiration of the lease only prevents the lease from renewing and does not terminate the lease early. Tenant shall include with said notice a forwarding address and phone numbers. Notice must be received by regular U.S. Mail post-marked three full calendar months before expiration of this agreement. Verbal notice will not be accepted. It is not possible to terminate the lease agreement prior to the expiration date referenced in paragraph 3a. 1.6a Tenant shall provide Landlord access to show the property to prospective Tenant/Purchasers and repairmen during the three month notice period. Tenant agrees to cooperate fully during the visits. Landlord shall provide Tenant 24 hour notice by telephone before showing the property. 1.6b Should Tenant fail to allow Landlord access to show the property after giving notice of Tenants intent to vacate, the “three month calendar notice" date shall be deemed cancelled and shall restart after and only when Tenant allows Landlord access to exhibit the property. Accordingly, if Tenant fails to allow Landlord to show the premises, then three full calendar month’s rent and utilities shall be due Landlord from Tenant after the premises is vacated. 1.6c Tenant agrees to keep alll utilities active and in his name during the notice period and agrees NOT to have utilities shut off at any time. Tenant agrees to notify utility company upon vacating premises and have said utilities placed back into the name of the Landlord. Tenant shall be responsible for damage resulting from turning off the utilities including but not limited to water damage resulting from frozen pipes. 4.7 UTILITIES — a aoe ‘The Tenant agrees to place all utilities in his name prior to the commencement of the Lease and to timely pay for all utility service to the Home for the duration of the Lease term. 1.7a Should the Tenant fail to place the utilities in Tenants name as required, then the Tenant agrees to pay 100 % of the next utility bill(s), even if the utility bills are addressed to the Landlord and cover periods of non-occupancy. Tenant agrees to continue to pay such utility bills until such time as the Tenant begins receiving the utility bills in his name. 1.7b Tenants are NOT permitted to enter into past due payment plans with the water company or any other utility companies. All utility bills must be kept current at all times. 1.8 IMPROVEMENTS so Tenants are NOT allowed to make any improvements to the property without advanced express written permission of the Landlord. Tenant agrees not to paint, mark, drive nails or screw into, deface in any way, move or install windows, cabinets, woodwork, stone, ironwork, appliances, furnaces and other utilities, or other parts of the Home without Landlord’s prior written permission. 2 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6. 1.8a Tenant shall NOT wallpaper, remodel, or erect outbuildings. 1.8b If Tenant wishes to have a cedar or wolmanized lumber deck or a cedar fence he may contact the Landlord in advance to discuss the project. The Landlord must approve the project in writing and the Landlord will quote the cost of the deck or fence to Tenant to be professionally installed by the Landlord. Payment arrangements will be made in advance. 1.8c Tenant may paint with advance written approval of Landlord. Tenant must use the exact paint specified by Landlord and tape off all wood work and remove all switch plates and towel bars for Landlord's inspection prior to painting. If Tenant paints without Landlords advance written approval, Tenant will be charged $250.00 per room painted. Bold colors, dark colors and semi-gloss paints are never permitted. 1.8d Tenant shall not have water beds, pool tables, swimming pools, trampolines, aquariums, or install antennas or alarm systems on the premises without the express written permission of the Landlord. Tenant is prohibited to use and store a barbeque grill within ten feet of the structure. 1.8e Tenant shall not change locks. If Tenant feels a need for additional security they may contact the Landlord and make arrangements to have new or additional locks installed by Landlord at Tenant's expense. 1.8f Tenant shall not disable, disconnect, alter or remove the Landlord's property. 1.8g Tenant may not add cable or TV outlets or cable wiring without receiving written permission of the Landlord in advance. 1.8h When the Tenant moves in, the Landlord shall furnish light bulbs for fixtures furnished by the Landlord; thereafter, light bulbs of the same wattage shall be replaced at the Tenant's expense. When moving out, the Tenant shall surrender the Premises in the same condition as when received, all light bulbs to be in working order. 1.8i All alterations, additions and fixtures supplied by Tenant and/or Landlord, including but not limited to locks, screens, storm doors, garage door openers, fences, decks, paper holders, light fixtures, towel bars, plantings, mailboxes, basketball pole & hoop(s), television antennae, security systems, and water conditioners, SHALL ALL REMAIN as part of the Home unless Landlord otherwise elects. In the event the Landlord notifies the Tenant to remove an item installed by the Tenant, the Tenant shall remove or be responsible to Landlord for the cost of removal of the addition(s) 1.9 USE OF PREMISES ~ —— ‘Tenant agrees that the premises will be used for residential purposes only, and shall only be occupied by the parties who sign as “Tenant” below with their children whose names are . Roomers, lodgers, and other persons not listed and approved in writing by the Landlord are prohibited. 1.9a The undersigned Landlord is either the title holder or is subleasing and has an option to purchase the subject property to include the rights to rent and sell the subject premises. 1.9b Tenant agrees to use a metal flex, (nonflammable), vent hose for his/her dryer vent. 1.9c Tenant assumes the liability for their family, guests and employees and all property of Tenant located at the Home. Except if specifically and directly caused by the negligence of the Landlord, Tenant agrees to indemnify and hold harmless and defend Landlord and his employees, agents, suppliers, or subcontractors, from any loss, liability or damages and to pay all claims, judgments, costs and expenses, arising out of any injury or damage to any person or property. Accordingly, Tenant agrees to carry the appropriate personal property and liability insurance and ‘Tenant shall name Landlord as an additional insured party on such policies. 1.9d The Tenant shall not use the Home for any unlawful purpose or perform or permit any unlawful acts or use any illegal substances on the premises or in the Home and agrees to report to Landlord any suspicious unlawful behavior they observe in the neighborhood. 1.9e Tenant shall not abandon the Home during the term of this Agreement. "Abandonment" shall mean the removal of substantial furniture or possessions. Also, Abandonment shall mean vacation of the Home for more than 15 (fifteen) consecutive days even with possessions intact, without notifying Landlord in writing of Tenants intention to stay. 1.9f Landlord does not offer fences, decks, basketball hoops, garage door openers and transmitters, mail boxes, security systems, storm or screen doors, cable transmission, or trash containers with this Lease. Landlord is not responsible for gas lines and hook-ups for stoves and for fireplaces to be operational. Landlord is not responsible for chimney and fireplace maintenance. Should this home contain such items, Landlord does not warrant them to be in working order and any expense associated with repairing or maintaining these items shall be the responsibility of the Tenant. Satellite dishes and associated wiring are not permitted to be affixed to the exterior of the home. Tenant must provide a written drawing detailing requested location and installation technique to landlord for approval. Landlord must approve installation location and technique prior to installation. Unapproved satellite and wiring installations will be removed without notice and a fine of $350 will be immediately charged and due. If Tenant receives written approval to install a satellite dish, a deposit of $200 is required prior to installation. Tenant is responsible for removing satellite dish and wiring at end of lease. 1.9g Tenant agrees to communicate updated email addresses, cell phone numbers and work numbers to Landlord at all times 1.9h With 24 hour telephone notice, Landlord or Landlord's agents shall at any time have the right of access to inspect or repair the Home without interference or consent of Tenant, except for emergency situations. 3 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6 1.91 It is agreed that in the event the Tenant elects to have the home inspected at any time, the owner or owner's representative must be notified 48 hours in advance of the time scheduled to inspect and have full authority to be present at time of inspection and to be able to question the inspector and to receive copies of all inspection reports and associated paperwork at the same time as the Tenant receives the them. 1.9j Landlord has the right to dispose of any of Tenant's property remaining at the Home after Tenant's vacancy. Title to such property shall thereafter vest in Landlord. Tenant shall be responsible for the cost of moving, storage and or disposal. 19k If the Tenant is behind on rent or other fees, or after Tenant or Landlord have given notice to terminate this Lease, Landlord or his agents or employees shall after providing 24 hour telephone notice have the right of access to inspect the home and to exhibit the Home for sale or rent and the Tenant agrees to cooperate fully. 1.10 MAINTENANCE, CLEANING, AND REPAIR The Tenant shall be responsible for all maintenance and repairs of the home and yard in accordance with the attached Real Estate Maintenance Agreement. Tenant agrees to pay for any drain stoppages, clogged toilets, broken windows and doors, regardless of fault. 1.10a Tenant agrees to maintain alll interior and exterior areas, including lawn/grounds, of the home in a clean and sanitary condition, free from debris, perishable food items, garbage and physical hazards. Tenant agrees to perform routine cleaning throughout the home on a regular basis. Routine cleaning includes, but is not limited to vacuuming any carpeting, sweeping and washing floors, scrubbing the tub/ shower, scrubbing the toilet and sinks, dusting, washing dishes, discarding and removing food items/trash, and cleaning the interior and exterior of all appliances and fixtures. 1.11 PETS There shall be no animals or pets of any kind brought into the home or kept on the premises at any time, including pets owned by guests or visitors. If pets are found to have been kept on the premises at any time, the Tenant will have to remove the pets immediately and permanently and shall pay $1,500.00 to Landlord as an additional security deposit to be paid prior to the next rental installment due. No pets, approved or not approved, of any kind are permitted in the garage. If it is evident pets were placed in the garage for any amount of time a $1,000 non-refundable fee will be immediately charged and paid prior to the next rental installment. 1.1a The following breeds or animals that are mixed with these breeds are not allowed and constitute an immediate breach of the Lease Agreement: Akitas, Alaskan Malamutes, Belgian Malinois, Chows, Dobermans, German Shepherds, Great Danes, Mastiffs, American Indian Breed, Huskies, Pit Bulls, Rottweiler's, St Bernard, American Staffordshire Terrier, Presa Canario, King Corso, Dogo Argentino and Wolf Hybrid. Exceptions to the pet policy are: 1.12 DEFAULT ee Tenant's failure to observe any Agreement term or condition hereof shall be considered a Default of the Agreement. 1.12a Failure to pay rent on time shall be considered a Default of the Agreement 1.12b Filing for bankruptcy protection during the term of this Agreement shall be considered a Default of the Agreement, 1.12c Providing any false information on the rental application shall also constitute default under the terms of this Lease. 1.13 EFFECT OF TENANT'S DEFAULT In the event Tenant violates and /or fails to comply with any of the terms, or conditions of this Agreement, or any rules and regulations heretofore or hereafter adopted by the Landlord, said breach shall constitute grounds for termination of the Agreement and or eviction by the Landlord. It is expressly understood and agreed that Tenant shall be and remain liable for any maintenance, deficiency in rent, late fees, and utilities, until such time as this Agreement expires or until such time as in the interim the premises are leased by another acceptable Tenant. Landlord shall be reimbursed by the Tenant for any expense incident to re-renting, such as cleaning cost, trash removal, yard upkeep, painting and advertising costs, commissions to re-rent, replacement or re-keying locks, court costs, as well as any damages which Landlord may have sustained by virtue of the Tenant's use and occupancy of the premises. The Landlord shall attempt to mitigate any damages as a result of abandonment. 1.14 TENANT/LANDLORD INSPECTIONS Tenant agrees to make a written Property Inspection List PRIOR to occupancy listing any damage or dirty conditions found in the home. Tenant agrees to keep a duplicate copy of this list. Tenant shall NOT be held responsible for items listed on the List but will be responsible for any damage beyond what is listed on the List. 1.14a Tenant may submit to Landlord a 30-Day Post Occupancy list. This form may be submitted 30 days post occupancy but no later than 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6 40 days post occupancy. 1.14b The 30-Day Post Occupancy list will cover items that break or malfunction in the first 30 days such as a microwave, dishwasher, plumbing leaks (clogs excluded), electric system, heating and cooling, roof leaks, disposal, sump pump operational issues with garage doors, exterior doors and windows unless caused by damage. L.14c The 30-Day Post Occupancy Form excludes items such as all cosmetic items, carpet, vinyl, tile, countertops, painting, drywall, trim, and cosmetic issues with garage doors, cabinets and interior /exterior doors. 1.14d Tenant agrees to pay the amounts listed on the Security Deposit Addendum, attached hereto and made part of this Agreement, for chargeable items resulting from damage or neglect, or not leaving the Home in as good of condition as agreed. 1.14e Landlord shall handle the security deposit as required by Ohio Revised Code Sec. 5321.16 governing security deposits in residential leases. 1.15 MOVE OUT PROCEDURE ae Prior to vacating the premises, Tenant must provide Landlord with THREE FULL CALENDAR MONTHS written notice as required in paragraph 1.6 of this Lease. 1.15a Tenant must initiate a scheduled walk through inspection of the premises with Landlord at the time when Tenant is substantially moved out. This meeting shall be scheduled by the Tenant in advance with Landlord. 1.15b Tenant shall return ALL keys and garage door opener transmitters to Landlord's office along with a written forwarding address, day and evening phone numbers and email address after Tenant is completely moved out and the premises is clean. 1.15¢ Tenant shall be responsible for rent, utilities and maintenance through the lease term, end of three calendar month notice date, or when the keys and garage door openers are returned, whichever is later. 1.15d Tenant agrees to pay Landlord to have all walls painted, interior doors and woodwork painted, the home professionally cleaned after repairs are completed, the carpet professionally steam cleaned, the carpet and vinyl replaced if stained or damaged, the furnace filter and bulbs replaced, tubs, sinks, and counters caulked, carpentry items repaired and any damage repaired. 1.15e A $150 re-keying fee shall be paid by Tenant if keys are not promptly returned to the Landlord at the address below upon vacating premises. 1.15f Tenant is not permitted to change the locks. If Tenant wants locks rekeyed they will notify Landlord who will cause the locks to be changed at Tenant’s expense. If Tenant replaces locks they will be charged $150 per lock set. 1.16 FINANCING AND LOT PURCHASE CONTINGENCY on Should this Agreement involve a New Build, then this Agreementis contingent upon Landlord being able to purchase the specified building lot and obtain construction and permanent end loan financing suitable to Landlord. 1.17 HOLDOVER an At the termination of this Agreement for reasons as herein provided, Tenant shall yield up immediate possession to Landlord, and failing to do so, shalll pay for the whole time such possession is withheld the sum of Two Hundred Dollars ($200.00) per day as and for damages which are hereby liquidated and fixed as damages, and not as a penalty. The provision of this clause shall not be held as a waiver by Landlord of any right of reentry as herein set forth. 1.18 WARRANTY Unless covered under separate agreement signed by both parties, Landlord offers NO WARRANTY and Tenant is accepting the Home "AS iS", and Tenant shall perform all maintenance and repairs. Exceptions, if any, MUST be noted below and initialed by Landlord: 1.19 REWRITE —_— — Tenant agrees to signa clean rewrite ofall documents pertaining to this Agreement at any time hereafter if requested to do so by Landlord. 1.20 LEGAL REPRESENTATION oe a _ It is recommended that Tenant consult with an attorney should he have any questions or concems regarding this Agreement prior to signing same. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6 1.21 SEVERABILITY Ifa court of competent jurisdiction holds any provision of this Agreement to be contrary to law or void as against public policy or otherwise, such provision shall either be modified to conform to law or be considered severable, with the remaining provisions continuing in full force and effect. 1.22 BINDING AGREEMENT a —— Itis mutually agreed that this Agreement shall be binding upon the parties, heir assigns, irs, executors or administrators. 1.23 TRASH/RECYCLING —— eee ‘The Tenant agrees to comply with all current and future trash and recycling laws, including sorting, separating and recycling garbage into whatever categories the law or neighborhood association prescribes. Tenant must have trash in appropriate trash containers and may not set trash bags outside the home unless enclosed in a trash can. Trash cans may only be set out on trash day. 1.24 NEIGHBORHOOD ASSOCIATION DUES AND ASSESSMENTS — ‘Tenant shall be responsible for payment, of all neighborhood association fees and assessments for the prorated periodof their occupancy and when they become due. 1.25 NEIGHBORHOOD RESTRICTIONS _ Tenant agrees to abide by the deed restrictions, and neighborhood association rules and regulations that pertain to the property, ‘including but not limited to restrictions on fences, swimming pools, trampolines, satellite dishes and antennas, parking of boats, trailers, commercial vehicles, etc. Tenant may not violate local noise ordinances or cause noise complaints from neighboring properties. 1.26 CONFIDENTIALITY —— — fn ce The undersigned parties shall not discuss the terms or conditions of this Agreement with third persons, or provide copies of these agreements to third persons such being considered confidential. 1.27 COMMUNICATIONS Tenant agrees to maintain an email address, operating home and or mobile telephones complete with answering device at all times and to provide Landlord with a secondary day telephone number. Tenant further agrees to update Landlord through the Tenant Services page on the website each and every time these telephone numbers change. Notices can also be sent to the office. 1.27a Tenant agrees to allow Landlord to contact Tenant via phone calls, emails and text messages. 1.27b Tenant agrees to inform Landlord in writing every time his employment changes, including the new employer, work address, occupation, and employer phone number. Tenant authorizes Landlord to obtain credit records now and in the future and for as long as money is owed on the account. 1.27c All notices required hereunder shall be provided by regular U.S. mail to the Tenant at Tenant’s Home and to the Landlord at P.O. Box 732, Worthington, OH 43085. Landlord's phone is 614-972-7799. 1.28 APPLICABLE LAW ae This Agreement shall be governed by Ohio law. 1.29 FORCE MAJEURE — — The Landlord shall not be liable to Tenant for damage caused by flood, wind, earthquake, or other natural catastrophes. Tenant accordingly agrees to purchase the appropriate insurance to protect against such occurrences. 1.30 RECORDATION The Tenant may not record this Agreement. 1.34 INTEREST CHARGED ‘The Tenant may be charged interest at a rate of 18% (EIGHTEEN PERCENT) on any past due balance beginning when the late fees stop accumulating. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N6 1.32 MORTGAGEE'S RIGHTS —— Tenant's rights under ththis Agreement shall be subject to any bon-a-fide mortgage which exists or may hereafter be placed on the property. 1.33 LEAD & ASBESTOS CONTAINING MATERIALS ote — ——— en een If property was constructed prior to 1978 it may contain lead based paint and/or asbestos containing materials. This shall serve as constructive notice that this property was constructed on 1927 1.34 WET BASEMENT/ROOF/PLUMBING LEAKS —~ a ~ a Landlord shall not be held responsible for damage to Tenant's personal property resulting from water, mold or mildew. 1.35 ACCURACY & RESPONSIBILITY one —— Landlord has relied upon the information contained iin Tenant's Application to enter into this Agreement. Tenant warrants that their rental application is true, complete and accurate. Tenant understands that if he has falsified any statement in the application, he is in breach of this Agreement. Landlord has the right to terminate this Agreement immediately and Landlord shall be entitled at a minimum to retain any payments received. 1.36 INSURANCE a Landlord is carrying fire/! hazard insurance i on the premises with a minimum $1,000 deductible. In the event of a loss, Tenant and Landlord shall each pay one half the damage up to the deductible. Tenant is responsible for carrying insurance on their possessions. Tenant is required to obtain liability renters insurance naming the building owner and landlord as an additional insured. 1.37 FAILURE TO ACT Failure of Landlord to insist upon strict compliance with the terms of this Agreement shall not constitute a waiver of any violation, nor shall any acceptance of a partial payment of rent be deemed a waiver of Landlord's right of full amount, 1.38 LEASE/PURCHASE If the Tenant also entered into a purchase agreement with Landlord for this property, then any breach of the purchase agreement shall be deemed a breach of this Lease Agreement 1.39 DISPUTES en All disputes arising under the terms and conditions of this Real Estate Lease Agreement shall be handled in accordance with the attached Private Court Trial Agreement. 1.40 ENTIRE AGREEMENT Except for a Real Estate Option Purchase Contract concerning the Home as may be executed contemporaneously or hereafter between the parties, this Agreement contains the entire understanding between the parties and supersedes any prior verbal or written understandings or Agreements between them respecting the subject matter. There are no representations, arrangements, understandings or Agreements, oral or written, among the parties hereto relating to the subject matter of this Agreement, except those fully expressed herein. The signing of this Agreement makes null and void any previous written or oral Agreement(s) between Tenant and Landlord or Landlord's sales agents, employees, or representatives. This Agreement is not a financing Agreement. 1.41. AMENDMENTS a No changes, alterations, modifications, or additions will be valid except those made in writing and signed by both parties. 1.42 RECEIPT OF DOCUMENTS on ‘The undersigned Tenant agrees that he has had ample time to review all documents he signed and that all documents were fully explained to his satisfaction, that Tenant is signing voluntarily and of his own free will and Tenant acknowledges that he has received a copy of all documents that contain his signature. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N7 By initialing below, you acknowledge and agree to the terms in Section 1. BR Bonnie jogers. 2. Fees and Dispute Resolution 2.1 FEE SCHEDULE AGREEMENT ie eee 21a BANK RETURNED CHECK CHARGE. If a rent check is not cashed or processed by the bank for any reason or if the Landlord calls ahead and is told that the check will not clear for any reason, a $50.00 charge will be made to the Tenant by the Landlord in addition to the accrued late charges resulting from the returned check. If the check is presented a second time by the Bank or Landlord and returned a second time for any reason an additional return check charge will be made to the Tenant in addition to the accrued late charges resulting from the second returned check. To prevent a second returned check charge, Tenant must call Landlord immediately upon learning that the check was returned, and make arrangements to bring in a cashier check to cover the balance due on the account. 2.1b SECOND BANK RETURNED CHECK CHARGE. Ifa rent check is not cashed or processed by the bank for any reason or if the Landlord calls ahead and is told that the check will not clear for any reason a second time, a $60.00 charge will be made to the Tenant by the Landlord in addition to the accrued late charges resulting from the returned check. Each additional returned check charge will increase $10.00 not exceed 10% of the check amount. 2.1¢ CASHIER CHECK REQUIREMENT. After the Tenant has had a check returned for insufficient funds, Tenant agrees to make all future payments to Landlord by bank cashier check. Money orders are discouraged. 2.1d LANDLORD RETURNED CHECK. If Landlord returns a check because it is short the amount due, or not made out to the proper party/ or because it is not a cashier check when one is required, a $20.00 charge will be made to the ‘Tenant by the Landlord in addition to the accrued late charges resulting from the check being retumed. 2.1e MAILING FEE. If the Landlord is compelled to mail to Tenant an invoice, utility bill, or letter informing Tenant of a violation of the Lease, a $9.00 mailing fee will be charged. 2.1f DUPLICATE DOCUMENTS. After receiving the initial copy of documents the charge for additional duplication of documents by Landlord for Tenant is $ 5.00 plus $.50 per page. 2.1g VERIFICATION OF RENT OR RESIDENCY REQUEST. The charge for verification of rent, residency and or payment history for Tenant to 3rd parties is $20.00 per occurrence paid ahead of time. The Verification /Request will only be completed if the Tenant’s account is current. 2.1h RECEIPTS. Should Tenant insist on a written signed receipt by the Landlord, or his Agent, other than his cancelled check, a fee of $3.00 will be charged. 2.1i LEASE/CODE VIOLATION. If Landlord is forced to mail/email a letter notifying Tenant of a Lease or Code Violation a $15.00 fee will be charged. 2.1) THIRD PARTY CHECKS, If payment or partial payment is made by a third party check or an endorsed payroll check, a fee of $10.00 will be charged. 2.1k REQUESTED LETTERS. Ifa letter or form is provided/ filled out for a Tenant at the Tenant's request a fee of $25.00 will be charged. 2.11 All checks and money orders must be made out to Brian R. Knoppe. Should checks or money orders be made out to any other entity, a fee of $10.00 will be charged. 2.2 DISPUTE RESOLUTION-PRIVATE COURT TRIAL AGREEMENT PERTAINING TO THE REAL ESTATE LEASE In theevent that litigation is brought in any State or- Federal Court, relating to, arising out of or concerning this Real Estate Lease, OTHER THAN RESTITUTION OF PREMISES COMPLAINT, OR SECOND CAUSE OF ACTION FOR DAMAGES BROUGHT ABOUT BY LANDLORD, we hereby agree and covenant with each other, if requested by either party, to waive and give up the right to a jury trial and to submit all manner of causes of actions, controversies, differences, claims, or demands whatsoever, including counter suits, whether of fact or of law or both, to be resolved at the request of any party, by a trial on order of reference conducted by a retired judge or justice recommended by the Ohio Private Trial Association, appointed pursuant to the provisions of Ohio Revised Code Section 2701.10 or any amendment, addition, or successor section there to try, determine, and adjudicate the case in its entirety. The parties intend this reference agreement to be specifically enforceable in accordance with said section, if the parties are unable to agree upon a retired judge recommended by the Ohio Private Trial Association to act as Judge, then one shall be appointed by the Presiding Judge of the Common Pleas Court of the county wherein the hearing is to be held. The parties further agree to assume full responsibility for providing facilities, 8 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 08 5:09 PM-23CV007998 0G615 - N7 equipment, and personnel reasonably needed by the retired Judge, the estimated reasonable fees and costs of the trial or proceeding, as may be specified in advance by the retired Judge in accordance with his/her customary fee schedule. The parties shall initially share equally by paying their proportionate amount of the estimated fees and costs of the retired judge. Failure of any party to make such a fee deposit shall result in a forfeiture of the non-depositing party of the right to prosecute or defend the cause(s) of action which is (are) the subject of the reference, but shall not otherwise serve to abate, stay, or suspend the reference proceeding. This provision operates as an agreement by the parties hereto for reference pursuant to Ohio Revised Code Section 2701.10. 2.3 AFFORDIBILITY DISCLOSURE THE UNDERSIGNED HEREBY ‘ACKNOWLEDGES THAT THEY BELIEVE THAT THEY CAN AFFORD TO MAKE ‘THE MONTHLY PAYMENTS AS REQUIRED UNDER THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS THEY HAVE SIGNED, AND THAT THEY ARE ACTING UNDER THEIR OWN VOLITION IN EVALUATING THEIR FINANCIAL ABILITY AND FURTHER ACKNOWLEDGE THAT THE LANDLORD/SELLER HAS MADE NO CLAIMS OR GUARANTEES TO TENANT/BUYER THAT THEY CAN AFFORD THIS OBLIGATION. THIS IS NOT A FINANCING AGREEMENT. 2.4 LATE FEE AGREEMENT 2.da A late fee in the amount of $65.00 Flat Fee will be due and payable for a