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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Monday, J anuary 29, 2024 3:08:11 PM
CASE NUMBER: 2024 CV 00491 Docket ID: 409565057
Mike Fol
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE MONTGOMERY COUNTY COMMON PLEAS COURT
CIVIL DIVISION
DD EMPIRE, LLC CASE NO.
2461 Quorn Court
Dayton, Ohio 45458
Plaintiff
VS.
BRANDON WEST PETITION FOR FORCIBLE
AND ALL OTHER OCCUPANTS ENTRY AND DETAINER
5131 Pepper Dr. COMPLAINT FOR
Dayton, OH 45424 MONEY JUDGMENT
Defendants.
COUNT ONE
1 Plaintiff says that the Defendants have, ever since the 24" day of January,
2024, and do still unlawfully and forcibly detain from the Plaintiff possession of the
following described premises: 5131 Pepper Dr., Dayton, Ohio 45424.
2. Defendants entered upon said premises as tenants of Plaintiff under an
agreement providing for advance payment of rent. The rent has not been paid according
to the agreement of the parties and the Defendants have unlawfully and forcibly held
over. On the 18 day of January, 2024, Plaintiff duly served upon Defendants, as
required by law, a notice in writing to leave said premises.
COUNT TWO
3. Plaintiff further says that there is due unpaid rent in the amount of $11,002.44
as of January 1, 2024 and that the monthly rental amount is $2,500.00.
COUNT THREE
4. Plaintiff further says that there may be utilities bills left unpaid by Defendants,
in an amount to be determined as this matter progresses.
COUNT FOUR
5. Plaintiff further says that there may be damages to the premises in an amount
to be determined as this matter progresses.
WHEREFORE, Plaintiff demands restitution of the premises, and
judgment for $11,002.44 for rent due, plus utilities and damages, plus interest at the legal
rate and costs of this action.
/s/ Thomas W. Kendo, Jr.
Thomas W. Kendo, Jr. (0058548)
Thomas W. Kendo, Jr., Co., LPA
7925 Paragon Road
Dayton, Ohio 45459
(937) 221-9819
Fax: 937-433-1510
Attorney for Plaintiff
INSTRUCTIONS FOR SERVICE
Please serve the Defendants, at the address noted with a copy of the within
Petition and Complaint by RESIDENTIAL SERVICE, ORDINARY MAIL AND
CERTIFIED MAIL SERVICE, RETURN RECEIPT REQUESTED.
/s/ Thomas W. Kendo, Jr.
Thomas W. Kendo, Jr. (0058548)
Brandon West
And all other occupants
5131 Pepper Dr.
Dayton, Ohio 45424
—_— ao ee
NOTICE TO LEAVE THE PREMISES
(For Residential Property Only)
TO BRANDON WEST AND ALL OTHER OCCUPANTS, Tenants:
You will please notice that I want you on or before the 24*" day of JANUARY, 2024 to leave the
premises you now occupy, and which you have rented of DD EMPIRE, LLC, Landlord/Owner, >
situated and described as follows:
Street Address: 5131 Pepper Dr.
Dayton, Ohio 45424
in the City of Dayton, County of Montgomery, and State of Ohio
Grounds:
NON-PAYMENT OF RENT ($11,002.44)
YOU ARE BEING ASKED TO LEAVE THE PREMISES. IF YOU
DO NOT LEAVE, AN EVICTION ACTION MAY BE INITIATED
AGAINST YOU. IF YOU ARE IN DOUBT REGARDING YOUR
LEGAL RIGHTS AND OBLIGATIONS AS A TENANT, IT IS
RECOMMENDED THAT YOU SEEK LEGAL ASSISTANCE. **
January 18, 2024
LEZ a eS —
Thomas W. Kendo, Jr. (0058548)
Thomas W. Kendo, Jr. Co. LPA
7925 Paragon Road
Dayton, Ohio 45459
Attorney for Landlord
Via Certified and Ordinary US Mail
a
eceeeeeee
Ohio Residential Lease Agreement
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and
entered into this day of Aug , 20_23_, by and between
DD Empire, LLC (hereinafter referred to as "Landlord") and __ Brandon
West_ (hereinafter referred to as Tenant").
WITNESSETH:
WHEREAS, Landlord is the fee owner of certain real property being, lying and
situated in__ Montgomery. County, Ohio, such real property having a street
address of 5131 Pepper Dr, Dayton OH 45424 (hereinafter
referred to as the "Premises").
WHEREAS, Landlord is desirous of leasing the Premises to Tenant upon the
terms and conditions as contained herein; and
WHEREAS, Tenant is desirous of leasing the Premises from Landlord on the
terms and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS
($10.00), the covenants and obligations contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follows:
i TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described
Premises together with any and all appurtenances thereto, for a term of 1__years, 2
month, such term beginning on __14 Aug 2023 , and ending at 12 o'clock
midnight on 31 Oct 2024.
RENT. The total rent for the term hereof is the sum of Twenty-Five Thousand
Eight Hundred Fifty. DOLLARS ($__ 25,850. ) payable on the
__1st_ day of each month of the term, in the amount of Two Thousand
Five Hundred DOLLARS (. 2500, )
from 1 Sept 2023 thru 28 Feb 2024, and then One Thousand Five
Hundred_Fifty. DOLLARS (§. 1550 ) from 1
Mar 2024 to 31 Oct 2024 All such payments shall be made to Landlord's account as set
forth in the preamble to this Agreement on or before the due date and without demand.
DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit
with Landlord the sum of
Zero, DOLLARS
($_0 ) receipt of which is hereby acknowledged by Landlord, as security for any
damage caused to the Premises during the term hereof. Such deposit shall be returned
to Tenant, without interest, and less any set off for damages to the Premises upon the
termination of this Agreement.
USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's
immediate family, consisting of
, exclusively, as a private single family dwelling, and no part of
the Premises shall be used at any time during the term of this Agreement by Tenant for
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the purpose of carrying on any business, profession, or trade of any kind, or for any
purpose other than as a private single family dwelling. Tenant shall not allow any other
person, other than Tenant's immediate family or transient relatives and friends who are
guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written
consent to such use. Tenant shall comply with any and all laws, ordinances, rules and
orders of any and all governmental or quasi-governmental authorities affecting the
cleanliness, use, occupancy and preservation of the Premises.
CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant
has examined the Premises, and that they accept the condition “as is”.
ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let
or grant any license to use the Premises or any part thereof without the prior written
consent of Landlord. A consent by Landlord to one such assignment, sub-letting or
license shall not be deemed to be a consent to any subsequent assignment, sub-letting
or license. An assignment, sub-letting or license without the prior written consent of
Landlord or an assignment or sub-letting by operation of law shall be absolutely null and
void and shall, at Landlord's option, terminate this Agreement.
NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of
the Premises to Tenant upon the commencement of the Lease term, through no fault of
Landlord or its agents, then Landlord or its agents shall have no liability, but the rental
herein provided shall abate until possession is given. Landlord or its agents shall have
thirty (30) days in which to give possession, and if possession is tendered within such
time, Tenant agrees to accept the demised Premises and pay the rental herein provided
from that date. In the event possession cannot be delivered within such time, through no
fault of Landlord or its agents, then this Agreement and all rights hereunder shall
terminate.
HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a
dangerous, flammable or explosive character that might unreasonably increase the
danger of fire or explosion on the Premises or that might be considered hazardous or
extra hazardous by any responsible insurance company.
UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services
required on the Premises.
10 MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and
maintain the Premises and appurtenances in good and sanitary condition and repair
during the term of this Agreement and any renewal thereof. Without limiting the
generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls,
which shall be used for the purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks and hardware in good,
clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or
balcony nor air or dry any of same within any yard area or space;
Cw
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TOE AEDT
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oe —
() Not cause or permit any locks or hooks to be placed upon any door or window
without the prior written consent of Landlord;
(9) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in
good order and repair and shall use same only for the purposes for which
they were constructed. Tenant shall not allow any sweepings, rubbish, sand,
rags, ashes or other substances to be thrown or deposited therein. Any
damage to any such apparatus and the cost of clearing stopped plumbing
resulting from misuse shall be borne by Tenant;
(i) And Tenant's family and guests shall at all times maintain order in the Premises
and at all places on the Premises, and shall not make or permit any loud or
improper noises, or otherwise disturb other residents;
a) Keep all radios, television sets, stereos, phonographs, etc., turned down to a
level of sound that does not annoy or interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor
and shall not allow any trash, garbage, rubbish or refuse to be deposited or
permitted to stand on the exterior of any building or within the common
elements;
() Abide by and be bound by any and all rules and regulations affecting the
Premises or the common area appurtenant thereto which may be adopted or
promulgated by the Condominium or Homeowners' Association having
control over them.
(m) Notify landlord immediately of any leaking, running, or standing water that has
potential to do additional damage.
(0) Care for and upkeep the grounds surrounding the house to include keeping the
lawn and landscaping trimmed and tidy. NOTICE: if grass exceeds 6 inches in
height, the Landlord will cut grass with no notice and a minimum charge of
$50.00 will be issued, and applied to damage deposit if necessary.
(p) Tenant shall be responsible for all repairs.
12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly
untenantable by fire, storm, earthquake, or other casualty not caused by the negligence
of Tenant, this Agreement shall terminate from such time except for the purpose of
enforcing rights that may have then accrued hereunder. The rental provided for herein
shall then be accounted for by and between Landlord and Tenant up to the time of such
injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord
refunding rentals collected beyond such date. Should a portion of the Premises thereby
be rendered untenantable, the Landlord shall have the option of either repairing such
injured or damaged portion or terminating this Lease. In the event that Landlord
exercises its right to repair such untenantable portion, the rental shall abate in the
proportion that the injured parts bears to the whole Premises, and such part so injured
shall be restored by Landlord as speedily as practicable, after which the full rent shall
recommence and the Agreement continue according to its terms.
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13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all
reasonable times during the term of this Agreement and any renewal thereof to enter the
Premises for the purpose of inspecting the Premises and all buildings and improvements
thereon. And for the purposes of making any repairs, additions or alterations as may be
deemed appropriate by Landlord for the preservation of the Premises or the building.
Landlord and its agents shall further have the right to exhibit the Premises and to display
the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-
five (45) days before the expiration of this Lease. The right of entry shall likewise exist
for the purpose of removing placards, signs, fixtures, alterations or additions, but do not
conform to this Agreement or to any restrictions, rules or regulations affecting the
Premises.
14 SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are
and shall be subordinate, junior and inferior to any and all mortgages, liens or
encumbrances now or hereafter placed on the Premises by Landlord, all advances made
under any such mortgages, liens or encumbrances (including, but not limited to, future
advances), the interest payable on such mortgages, liens or encumbrances and any and
all renewals, extensions or modifications of such mortgages, liens or encumbrances.
16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall
surrender the Premises in as good a state and condition as they were at the
commencement of this Agreement, reasonable use and wear and tear thereof and
damages by the elements excepted.
17. ANIMALS. Tenant shall be entitled to keep no more than one_( 1) domestic dogs,
cats or birds; however, at such time as Tenant shall actually keep any such animal on the
Premises, Tenant shall pay to Landlord a pet deposit of
zero. DOLLARS
(GEO ), all of which shall be non-refundable and shall be used upon the
termination or expiration of this Agreement for the purposes of cleaning the carpets of the
building.
18 QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as
being payable by Tenant and Tenant's performance of all Tenant's agreements contained
herein and Tenant's observance of all rules and regulations, shall and may peacefully
and quietly have, hold and enjoy said Premises for the term hereof.
19. NOT FOR BUSINESS USE. Tenant agrees to not operate or run a business to include
day care, car washes, or any other client based services on the premises.
20. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the
Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering
the Premises or the building of which the Premises are a part or to goods or equipment,
or in the structure or equipment of the structure of which the Premises are a part, and
Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all
claims or assertions of every kind and nature.
21 DEFAULT. If Tenant fails to comply with any of the material provisions of this
Agreement, other than the covenant to pay rent, or of any present rules and regulations
or any that may be hereafter prescribed by Landlord, or materially fails to comply with any
duties imposed on Tenant by statute, within seven (7) days after delivery of written notice
by Landlord specifying the non-compliance and indicating the intention of Landlord to
terminate the Lease by reason thereof, Landlord may terminate this Agreement. If
Tenant fails to pay rent when due and the default continues for seven (7) days thereafter,
Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder
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to be immediately due and payable and may exercise any and all rights and remedies
available to Landlord at law or in equity or may immediately terminate this Agreement.
22. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder
is not made within three (3) days of when due, Tenant shall pay to Landlord, in addition to
such payment or other charges due hereunder, a “late fee" in the amount of
seventy-five. DOLLARS
($__75 ).
23. NON-SUFFICIENT FUNDS. In the event that any personal checks written by tenant are
returned because of insufficient funds, an “insufficient funds fee” or “bad check fee” of
Fifty Dollars ($50). In addition, if an insufficient funds check further causes payment to
be late, then applicable late charges and other rights of the landlord will be enforced.
24, ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the
Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of
the Premises in the manner provided by law, and without becoming liable to Tenant for
damages or for any payment of any kind whatever. Landlord may, at Landlord's
discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or
any part thereof, for the whole or any part of the then unexpired term, and may receive
and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold
Tenant liable for any difference between the rent that would have been payable under
this Agreement during the balance of the unexpired term, if this Agreement had continued
in force, and the net rent for such period realized by Landlord by means of such reletting.
If Landlord's right of reentry is exercised following abandonment of the Premises by
Tenant, then Landlord shall consider any personal property belonging to Tenant and left
on the Premises to also have been abandoned, in which case Landlord may dispose of
all such personal property in any manner Landlord shall deem proper and Landlord is
hereby relieved of all liability for doing so.
25. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to
enforce any of the conditions or covenants hereof, including the collection of rentals or
gaining possession of the Premises, Tenant agrees to pay all expenses so incurred,
including a reasonable attorneys' fee.
26. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public
Records of any public office. In the event that Tenant shall record this Agreement, this
Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to
all rights and remedies that it has at law or in equity.
27. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Ohio.
28 SEVERABILITY. If any provision of this Agreement or the application thereof shall, for
any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or circumstances
shall be affected thereby, but instead shall be enforced to the maximum extent permitted
by law.
29. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be
binding on and inure to the benefit of the heirs, legal representatives, and assigns of the
parties hereto.
30. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience
of reference only and they are not intended to have any effect whatsoever in determining
the rights or obligations of the Landlord or Tenant.
31 CONSTRUCTION. The pronouns used herein shall include, where appropriate, either
gender or both, singular and plural.
32. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this
agreement shall affect Tenant's duties and liabilities hereunder.
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33. MODIFICATION. The parties hereby agree that this document contains the entire
agreement between the parties and this Agreement shall not be modified, changed,
altered or amended in any way except through a written amendment signed by all of the
parties hereto.
34. NOTICE. Any notice required or permitted under this Lease or under state law shall be
deemed sufficiently given or served if sent by United States certified mail, return receipt
requested, addressed as follows:
If to Landlord to:
DD Empire,, LLC.
[Landlord's Name]
2461 Quorn Ct
—! Dayton OH 45458
[Landlord's Address]
If to Tenant to:
Brandon West.
[Tenant's Name]
5131 Pepper Dr
Dayton OH 45424
[Tenant's Address]
Landlord and Tenant shall each have the right from time to time to change the place
notice is to be given under this paragraph by written notice thereof to the other party.
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reas
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35. ADDITIONAL PROVISIONS; DISCLOSURES.
[Landlord should note above any disclosures about the premises that may be required
under Federal or Ohio law, such as known lead-based paint hazards in the Premises.
The Landlord should also disclose any flood hazards.]
As to Landlord this day of »20 .
LANDLORD:
dotioop verified
Danil Schmit (09/04/23 7:27 PM EDT
SIZKeNT2SC7LE-PSYP
Sign: int:
Date:
As to Tenant, this day of » 20
TENANT ("Tenant"):
dotloop verified
Crandon West (09/03/23 10:08 AM EDT
(0820-RUSS-20V-2007
Sign: Print:
Date:
TENANT:
Sign: Print:
Date
TENANT:
Sign: Print:
Date:
TENANT:
Sign: Print:
Date:
initials
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Monday, J anuary 29, 2024 3:08:11 PM CASE NUMBER: 2024 CV 00491 Docket ID: 409565057 Mike Fol CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE MONTGOMERY COUNTY COMMON PLEAS COURT CIVIL DIVISION DD EMPIRE, LLC CASE NO. 2461 Quorn Court Dayton, Ohio 45458 Plaintiff VS. BRANDON WEST PETITION FOR FORCIBLE AND ALL OTHER OCCUPANTS ENTRY AND DETAINER 5131 Pepper Dr. COMPLAINT FOR Dayton, OH 45424 MONEY JUDGMENT Defendants. COUNT ONE 1 Plaintiff says that the Defendants have, ever since the 24" day of January, 2024, and do still unlawfully and forcibly detain from the Plaintiff possession of the following described premises: 5131 Pepper Dr., Dayton, Ohio 45424. 2. Defendants entered upon said premises as tenants of Plaintiff under an agreement providing for advance payment of rent. The rent has not been paid according to the agreement of the parties and the Defendants have unlawfully and forcibly held over. On the 18 day of January, 2024, Plaintiff duly served upon Defendants, as required by law, a notice in writing to leave said premises. COUNT TWO 3. Plaintiff further says that there is due unpaid rent in the amount of $11,002.44 as of January 1, 2024 and that the monthly rental amount is $2,500.00. COUNT THREE 4. Plaintiff further says that there may be utilities bills left unpaid by Defendants, in an amount to be determined as this matter progresses. COUNT FOUR 5. Plaintiff further says that there may be damages to the premises in an amount to be determined as this matter progresses. WHEREFORE, Plaintiff demands restitution of the premises, and judgment for $11,002.44 for rent due, plus utilities and damages, plus interest at the legal rate and costs of this action. /s/ Thomas W. Kendo, Jr. Thomas W. Kendo, Jr. (0058548) Thomas W. Kendo, Jr., Co., LPA 7925 Paragon Road Dayton, Ohio 45459 (937) 221-9819 Fax: 937-433-1510 Attorney for Plaintiff INSTRUCTIONS FOR SERVICE Please serve the Defendants, at the address noted with a copy of the within Petition and Complaint by RESIDENTIAL SERVICE, ORDINARY MAIL AND CERTIFIED MAIL SERVICE, RETURN RECEIPT REQUESTED. /s/ Thomas W. Kendo, Jr. Thomas W. Kendo, Jr. (0058548) Brandon West And all other occupants 5131 Pepper Dr. Dayton, Ohio 45424 —_— ao ee NOTICE TO LEAVE THE PREMISES (For Residential Property Only) TO BRANDON WEST AND ALL OTHER OCCUPANTS, Tenants: You will please notice that I want you on or before the 24*" day of JANUARY, 2024 to leave the premises you now occupy, and which you have rented of DD EMPIRE, LLC, Landlord/Owner, > situated and described as follows: Street Address: 5131 Pepper Dr. Dayton, Ohio 45424 in the City of Dayton, County of Montgomery, and State of Ohio Grounds: NON-PAYMENT OF RENT ($11,002.44) YOU ARE BEING ASKED TO LEAVE THE PREMISES. IF YOU DO NOT LEAVE, AN EVICTION ACTION MAY BE INITIATED AGAINST YOU. IF YOU ARE IN DOUBT REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS AS A TENANT, IT IS RECOMMENDED THAT YOU SEEK LEGAL ASSISTANCE. ** January 18, 2024 LEZ a eS — Thomas W. Kendo, Jr. (0058548) Thomas W. Kendo, Jr. Co. LPA 7925 Paragon Road Dayton, Ohio 45459 Attorney for Landlord Via Certified and Ordinary US Mail a eceeeeeee Ohio Residential Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this day of Aug , 20_23_, by and between DD Empire, LLC (hereinafter referred to as "Landlord") and __ Brandon West_ (hereinafter referred to as Tenant"). WITNESSETH: WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in__ Montgomery. County, Ohio, such real property having a street address of 5131 Pepper Dr, Dayton OH 45424 (hereinafter referred to as the "Premises"). WHEREAS, Landlord is desirous of leasing the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant is desirous of leasing the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: i TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term of 1__years, 2 month, such term beginning on __14 Aug 2023 , and ending at 12 o'clock midnight on 31 Oct 2024. RENT. The total rent for the term hereof is the sum of Twenty-Five Thousand Eight Hundred Fifty. DOLLARS ($__ 25,850. ) payable on the __1st_ day of each month of the term, in the amount of Two Thousand Five Hundred DOLLARS (. 2500, ) from 1 Sept 2023 thru 28 Feb 2024, and then One Thousand Five Hundred_Fifty. DOLLARS (§. 1550 ) from 1 Mar 2024 to 31 Oct 2024 All such payments shall be made to Landlord's account as set forth in the preamble to this Agreement on or before the due date and without demand. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of Zero, DOLLARS ($_0 ) receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. Such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises upon the termination of this Agreement. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting of , exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for 70329 initials 70:09 AMEDT 6-9-04 dotioop verified — the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they accept the condition “as is”. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 10 MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; (b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; (c) Not obstruct or cover the windows or doors; (d) Not leave windows or doors in an open position during any inclement weather; (e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; Cw initials TOE AEDT dotloap verified oe — () Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (9) Keep all air conditioning filters clean and free from dirt; (h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; (i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; a) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; (k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; () Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them. (m) Notify landlord immediately of any leaking, running, or standing water that has potential to do additional damage. (0) Care for and upkeep the grounds surrounding the house to include keeping the lawn and landscaping trimmed and tidy. NOTICE: if grass exceeds 6 inches in height, the Landlord will cut grass with no notice and a minimum charge of $50.00 will be issued, and applied to damage deposit if necessary. (p) Tenant shall be responsible for all repairs. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered untenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such untenantable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 99/0312: initials 7509 AM EDT dotloop verified 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 14 SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17. ANIMALS. Tenant shall be entitled to keep no more than one_( 1) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of zero. DOLLARS (GEO ), all of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building. 18 QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 19. NOT FOR BUSINESS USE. Tenant agrees to not operate or run a business to include day care, car washes, or any other client based services on the premises. 20. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 21 DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder 02/03/23 initials 70:09 AM EDT dotioop verified to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. 22. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a “late fee" in the amount of seventy-five. DOLLARS ($__75 ). 23. NON-SUFFICIENT FUNDS. In the event that any personal checks written by tenant are returned because of insufficient funds, an “insufficient funds fee” or “bad check fee” of Fifty Dollars ($50). In addition, if an insufficient funds check further causes payment to be late, then applicable late charges and other rights of the landlord will be enforced. 24, ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 25. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 26. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 27. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Ohio. 28 SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 29. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 30. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 31 CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 32. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this agreement shall affect Tenant's duties and liabilities hereunder. 99/03/23 initials T509 AM EDT datloop verified 33. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 34. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: DD Empire,, LLC. [Landlord's Name] 2461 Quorn Ct —! Dayton OH 45458 [Landlord's Address] If to Tenant to: Brandon West. [Tenant's Name] 5131 Pepper Dr Dayton OH 45424 [Tenant's Address] Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 0133, initials reas dotioop verified 35. ADDITIONAL PROVISIONS; DISCLOSURES. [Landlord should note above any disclosures about the premises that may be required under Federal or Ohio law, such as known lead-based paint hazards in the Premises. The Landlord should also disclose any flood hazards.] As to Landlord this day of »20 . LANDLORD: dotioop verified Danil Schmit (09/04/23 7:27 PM EDT SIZKeNT2SC7LE-PSYP Sign: int: Date: As to Tenant, this day of » 20 TENANT ("Tenant"): dotloop verified Crandon West (09/03/23 10:08 AM EDT (0820-RUSS-20V-2007 Sign: Print: Date: TENANT: Sign: Print: Date TENANT: Sign: Print: Date: TENANT: Sign: Print: Date: initials