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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
rch 11, 2024 9:37:32 Al
CASE NU MBER: 2024 CV 01499 Docket ID: 945108914
Mike Fol
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
ART PARADISE, INC. Case No.
6077 Far Hills Avenue, #116
Dayton, Ohio 45459, Judge
Plaintiff,
-vs-
MICHAEL LAMBERT COMPLAINT FOR EVICTION,
1021 Sunset Drive RESTITUTION, AND DAMAGES
Englewood, Ohio 45322
and
KENNEDY C. LAMBERT
1021 Sunset Drive
Englewood, Ohio 45322,
Defendants.
NOW COMES Plaintiff Art Paradise, Inc. (‘API’), and for its Complaint against
Defendants Michael Lambert and Kennedy C. Lambert, pleads as follows:
PARTIES & JURISDICTION
APTis and was at all pertinent times a limited partnership duly organized under and in good
standing with this state, with its principal place of business in Montgomery County, Ohio.
Upon information and belief, Defendants Michael Lambert and Kennedy C. Lambert are
and were at all times pertinent residents of Montgomery County, Ohio, residing at the
address stated on the caption.
Jurisdiction is proper pursuant to R.C. 1923.01(A), and venue is proper pursuant to Civ.R.
3(B)(1), Civ.R. 3(B)(3), Civ.R. 3(B)(5), and Civ.R. 3(B)(6).
GENERAL ALLEGATIONS
At all pertinent times, API was and is the record owner of the real property commonly
known as 1021 Sunset Drive, Englewood, Ohio 45322 (the “Premises”).
G R EEN
G R EEN
AW YER S
FeAl. PROWESIONNL. ASS sora
On March 6, 2023, Defendants contracted with API to lease the Premises on which they
would reside in a home as a residential tenant for a term beginning March 4, 2023. A copy
of the rental contract (the “Agreement”) is attached as Exhibit A.
API delivered possession of the Premises to Defendants as agreed, and has complied with
its other obligations under the Agreement and the Ohio Landlord-Tenant Act, to the extent
that this Act is applicable.
Pursuant to the Contract, rent of $1,725.00 was due in advance on or before the first day
of each month, and a late fee ($50.00) was due for each month in which rent was not
received within five days of the due date.
Defendants failed to pay rent and late fees for the months of February 1, 2024, and March
1, 2024, despite retaining possession of the Premises during those months.
On February 20, 2024, API served a three-day notice to vacate the Premises by posting it
on the door of the Premises. A copy of the notice is attached as Exhibit B.
10 Defendants have refused to surrender possession of the Premises to API, and are unlawfully
and forcibly detaining the same through this date of filing.
11 API has not received nor accepted payment of the amounts above, all of which remain
outstanding through this date of filing.
COUNT ONE: RESTITUTION
12 API incorporates the allegations in Paragraphs 1 to 11 as if fully restated herein.
13 Defendants are in default for failing to pay according to the terms of the Agreement.
14 API served a three-day notice to vacate on February 20, 2024.
15 Defendants have failed to restore possession of the Premises to API, and are unlawfully
and forcibly detaining the same.
16 API has not accepted any money or other consideration from Defendants since serving the
three-day notice to vacate.
17 API is entitled to an order restoring possession of the Premises to it.
COUNT TWO: BREACH OF CONTRACT
18 API incorporates the allegations of Paragraphs 1 to 17 as if fully restated herein.
19 API has fully performed according to the Agreement, and there are no unsatisfied
conditions precedent to Defendants’ duty to pay.
GR EE EN
GR EEN
L A wy eR S
cat, PROMWStOSN, ARWeIEtIO
20 Defendants had a contractual duty to pay $1,725.00 in rent in advance on or before the first
day of each month and breached his duty by failing to pay as agreed.
21 API will continue to sustain damages for each month, or part thereof, during which
Defendants remain in possession of the Premises without paying rent and late fees as
agreed.
22 Defendants’ refusal to surrender the Premises has made it impossible for API to determine
whether Defendants caused or permitted damage, waste, or other deterioration of the
Premises. Should API discover damage, waste, or deterioration, reasonable wear and tear
excluded, upon recovery of the Premises, API will be entitled to recover remediation costs
from Defendants.
23. Defendants will continue to owe rent for each month, or part thereof, during which API is
unable, despite reasonable diligence, to place a suitable replacement tenant in the Premises.
24 Asa direct and proximate result of Defendants’ breaches, API has sustained damages in an
amount to be determined at trial along with $300.00 in court costs.
COUNT THREE: UNJUST ENRICHMENT (IN THE ALTERNATIVE)
25. API incorporates the allegations in Paragraphs | to 24 as if fully restated herein.
26. API conferred a benefit upon Defendants consisting of the sole possession and use of the
Premises.
27. Defendants accepted the benefit knowing that API expected to be compensated therefor.
28. Defendants have paid nothing in consideration.
29. It is unjust to allow Defendants to retain the benefit without paying fair compensation.
30. Asa direct and proximate result of Defendants’ conduct, API has sustained damages in an
amount to be determined at trial.
WHEREFORE: Plaintiff Art Paradise, Inc. demands as follows:
A. On Count One: an order restoring possession of the Premises to API;
B. On Count Two: judgment against Defendants in an amount to be determined at trial;
C. In the alternative, on Count Three: judgment against Defendants in an amount to be
determined at trial;
D. That costs of this action be taxed to Defendants;
GR E EN
GR EEN
LAW yY ERS
A UicaL mmorssiasAL—assocuatiON:
E. Pre-and post-judgment interest at the statutory rate until satisfied, attorney fees, and all
other relief this Court may deem appropriate.
Respectfully submitted,
/s/ Jared A. Wagner
JARED A. WAGNER (0076674)
GREEN & GREEN, LAWYERS
800 Performance Place
109 North Main Street
Dayton, Ohio 45402-1290
Tel. 937.224.3333
Fax. 937.224.4311
jawagner(@green-law.com
(Us:
Counsel for Plaintiff
GR EE N
G R E EN
LAW Y eR S
reat doHtssiONs sssocnenis
RENTAL CONTRACT K P. L
[ ] A.P.TRUSTEE [ ] API DI
[ ] PAG HOLDINGS [ ] Home Experts Realty 6077 FAR HILLS AVE, #116 Breede
[ J Equity Trust Co, DAYTON, OHIO 45459
In consideration of the agreements of the Resident 1t(s), known as Michae| é Keanedy
The Owner
/ Mgr.
Lowber +
PT
hereby rents the dwelling located at_/Q 2! Sunset Dr.
for the period commencing
Eralewdod Ol, YS322
on the _Y day of Marth 2023 an id continui
thru the lastng
day of _Mlasch
Resident(s) in consideration of Owners permitting them to occupy the abor 20 24 7
ve property, hereby agree(s) to the following terms:
1. RENT — To pay us as rental the sum $/725.
_ per month,
% (inc! luding pet fee), due and payable in advance on or before the first
fay of eacl h month. Such rental amor
ent SO" ver =e
justed upon renewal to compen: sate for increasing costs.
liscount it will be le at
unableto give possession. The owner shall not be liable for failure to give resident possession of the rental
- beginning of the term unless the owner is
on the beginning date of the tem,
L anc pane or one ore days of any month esth siden forthe entir month
ement by landlord. Monies received
from the resident shall apply first to late fees, court costs,
reinstatement fees, p posit month ctib for main nee/repair. d nguent ren bad ch rg deling nt water bill
dam top oro to ren idents further agree to. ti
the within 5 di
5% ch time receiv
2, BAD CHECKS- A dishonored check waives the discount for that month. Resident further
agrees to reimburse owner $35.00 Bank
Charge for a Dishonored Check. Thereafter rent must be paid only by money order or
cashiers check.
3. APPLIANCES — The above rental payment specifically EXCLUDES all appliances, such
as dishwashers, ranges, refrigerators,
microwaves, garage door, door openers, and disposal. Such appliances are there solely at the convenience of the Owner,
who assumes no
responsibility for their operation. In the event they become unsatisfactory after occupancy is started, the Resident may
have them repaired,
at no cost to the Owner.
4. DISCOUNT — As an incentive to the Resident to pay rent payments AHEAD OF TIME, and for being responsible for all maintenance
of the premises and yard each month, (except as identified in Ohio Revised Code 5321.04)
deducted from the rental sum each month. This means the Resident is responsible to pay the
}) a discount in the amount of $75.00 may be
first $75 of any maintenance, house call
or repair, per occurrence. It works like a deductible insurance policy. In the event the discount
is lost one month, this will not prevent
the Resident from benefiting from the discount in subsequent months. Discounts lost due to a
maintenance call will be added to the next
month’s rent due.
5._EXTRA VISITOR! S - To use said dwelling as living quarters for only _Z adults and children, named
_Peeshie SX
and to
pay $100 each month for each other person who shall occupy the premises in any capacity, ‘for a period longer than 7 days. Written
permission must be obtained in advance for additional tesidents, or Resident(s) will be in default and will be charged $100.00 per
each additional occupant retroactive to month for
the start of this tenanc cy. Resident(s) agree that premises will not be used for any commercial
business. Telephone Wiring: Resident is responsible for « arrying line backer coverage with their local phone carrier so that if they
experience a problem with their phones, owner will not have to pay for the charges of the phone company to come out and
find the wiring
problem and fix it.
6. ACCEPTANCE OF PROPERTY -— Resident(: 8) accepts the condition of the subject property
waiving inspections of same by Owner,
and repair of defects, if any Resident accepts the Property in its current state of cleanliness.
Resident further agrees to indemnify Owner
against any loss liability arising out of Resident’ 's use of the property, including those using the property with
Owner’s consent. Resident
hereby releases owner of liability related to de! ferred occupancy as @ result of prior tenant not vacating the property
in a timely manner.
7. THREE-DAY INSPECTION — Under th 1@ terms of this discount lease/rental agreement, it is
the resident’: 's obligation to inspect the
premises inside and outside within 3 days of initial occupancy, and to return
to owner/agent via regular U.S. Mail to 6077 Far Hills
Ave., #116, Dayton, OH 45459, (Initials) a le; gible list of any and all defects and/or maintenance items which you should not
be held responsible for upon your vacating, It wil I be presumed that the house is functioning
in a satisfactory manner in all respects after
the expiration of the three (3) days. Resident a; grees that failure to file such a statement
shall be conclusive proof that here were no defe
of note in the property. After that time, the Resident is obligated to provide for routine maintenance .
Problems: If any plumbing, electrical, h cating or air conditioning unit leaks or does at their expense. Notification of
not operate in a correct manner, notify us first by
telephone. Telephone for any EMERG ENCY. Follow other problems with a written memo. REMEMBER:
Any plumb: ing difficulty, such
as commode that will not flush, a drippi ing faucet, or a sink that has a plugged drain is your expense. It is the Residents
a Plumber/Roto Rooter to clean out pl Jumbing lines. If the repair invoice substantiates tree roots obstructin responsibility to call
obstruction of the main discharge line not related to resident’: 's use, Owner will reimburse g the discharge line or other
Resident the cost of correction
8. MAINTENANCE —Resident agree: s not to permit any deterioration of the premises during
the period of this agreement. This includes
woodwork, floors, walls, furnishings, fixtures, appliances, windows, screens, doors, lawns, landscaping
conditioning and heating, and mechanical sy: stems. Resident acknowledges specific respons
, fences, plumbing, electrical, air
ibility for replacing and/or cleaning filters on
A/C and heating units. Damages caused to units because of not changing and cleaning filters
will be paid for in entirety by the Residents.
Revised 8/2020 isa ffl Vc.
EXHIBIT
iA
Page 2 Rental Contract
Resident promises that no tacks, nails, or other hang ers will be nailed or screwed into the woodwork
, ceilings or walls. No painting to be
done, unless the premises are returned to its original condition. Please call
the office to confirm paint colors prior to painting,
Damage caused by rain, wind or hail as a resultof leaving windows or doors open, or
damage caused by overflow of water, or stoppage of
waste pipes, breakage of glass, damage to screens, damage from pets, deterioration of lawns
and landscaping, whether caused by abuse
or neglect is responsibility of the Residents, Resident agrees to provide pest control in the event
it is needed Owner will provide fertilization
and chemical weed control (3 applications per year).
9. LIABILITY -Each person signing this agreement as a resident is jointly and severally,
responsible for all the terms of this agreement including the FULL rent amount and for any dam:
(TOGETHER and SEPARATELY)
‘ages that become due. Residents
The
it thi ny work roperty will unde! en only city. in Tn
an employee
endent Co! Tr as
er/Manager, and further. such wil dor onl ualified parti
supervision of the Residents who will be fully accountable for as: suring that work is performed e direct
in a safe, competent manner in
accordance with the applicable leases, codes and ordinances. e Residents ay t full liability for any mish: Sor
accidents and to hold the Owner/Manager free from harm or loss arising from claims of any other parties,
might result from said work or his tenancy in any way. If any material facts in the rental application are regardless of cause, which
for un \d untrue or if the premises
are occupied by anyone other than the resident as stated in the application, the landlord will have
the right to terminate this lease.
10, ALTERATIONS — No alterations or redecorating of any kind to the dwelling shall
be made without the written consent of Owner.
Resident accepts premises in its current state and agrees to return it in like condition,
11, SECURTY DEPOSIT — Resident agrees to pay a deposit in the amount of $ (GSO.
“fo secure Resident’s pledge of full compliance
with the terms of this agreement. Resident waives interest on any additional security deposit.
Note: THE DEPOSIT MAY NOT BE USED
BY RESIDENT TO PAY RENT DURING THE TENANCY, although the Owner may claim the security
deposit for past due rent, or to
pay a lease fee of one month’s rent should the term of the lease not be compl leted. The security deposit
will be used at end of the tenancy to
compensate the Owner for any damages or unpaid rent or charges. Any damages not previously
reported, as required in Paragraph 7, will
be repaired at Resident's expense with security deposit funds. The initial payment of rent and security
deposit under this agreement must
be made by GUARANTE ED FUNDS. ADDITIONAL SECURITY DEPOSITY REQUIRED $
12, PET FEE — Resident agrees to pay a NON-REFUNDABLE PET FEE OF $35 PER MONTH PER
PET. All pets found on the
property; but not registered under this agreement will be presumed to be strays and disposed of by the
appropriate agency as prescribed by
law. In the event a Resident harbors and undisclosed pet, they agree to pay a pet fee for entire
term of the agreement, regardless of when
the pet was first introduced to the household. Name and description of pet or pet’s
fo ets ~ =
The Resident specifically understands and agrees:
(@) No pet which is attack trained or vicious, with a history of biting people or other animals, or of
property damage will be kept on
the premises,
(b) That the Resident is solely responsible for any and all damage to the Owner’s property including,
but not limited to the premises,
ing, draperies and blinds, wall coverings, furnishings, appliances, and landscaping, including
the lawn, and shrubbery.
(©) That in a like manner, resident is respon: sible for any and all damage or loss to Persons or property of
other caused by the
Resident’s pet(s) and in this regard does hereby agree to hold the Owner
(@) That all pet(s) should be cared for and maintained in a humane and lawfulharmless
manner.
for any such damage.
(e) That all pet waste shall be removed, including cleaning of HVAC air returns,
(f) That all pets shall be maintained so as to not cause annoyance to others.
(g)- That Resident shall provide a renter’s insurance policy with a specific dog rider if a dog is kept at premises.
Property Owner to be
additional insured on this policy.
13. RESIDENT’S OBLIGATIONS — To meet all Resident’s obligations as in the Ohio Statues, including:
(a) Taking affirmative action to ensure that nothing exists which m: ‘ight place the Owner in violation
of applicable building, housing,
zoning, and health codes.
(b) Keeping the dwelling clean and sanitary, removing garbage and trash as thi ey accumulate, maintainin
g plumbing in good working
order to prevent stoppage and/or leakage of plumbing fixtures, faucets, pip eS, etc,
(c) Operating all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other appliance
s in a reasonable manner,
safely.
(@) Assuring that property belonging to the Owner is safeguarded against damage, destruction,
loss, removal, or theft.
(e) Conducting him/herself, his/her family, friends, guests, visitors in a manner which
will not disturb others.
Revised 8/2020
raul, CL
P ce Cont
(f) Allowing the Owner/or Owner's Agent access to the premises for the purpose of inspection, repairs, or to show
the Property to someone
else at reasonable hours on request. At the end of agreement Resident agrees to assist the owner by showing
property to prospective
residents prior to moving. Ifa qualified applicant agrees to rent the property through the assistance of the vacating
resident, if the Resident
vacates the premises prior to the end of the rental agreement, but assists the owner in finding a new lessee,
the vacating Resident is eligible
to receive his original security deposit & any prepaid duplicate rent plus a $100 Bonus (Thank you)
to be paid with the return of their
deposit, less damages. A lockbox may be installed and used to facilitate showing of property in Resident
it(s) absence. Resident will allow
showing of the home to prospective new residents upon 24-hour notice. Residents refusal to allow a locl
kbox to be installed, or lack of
co-operation in facilitating showings to prospective new residents, will forfeit the resident’s security
deposit.
(g) Living up to all the provisions of this Rental/Lease Agreement, particularly wi
ith respect to paying the rent on time and
maintaining the property. Resident warrants that he/she will meet the above conditi
ions in every respect and acknowledges that
failure to do so will be grounds for termination of this Agreement and loss of all deposit its without further recourse,
(h) To comply with all Homeowners Association Covenants.
14, SUB-LETTING ~Residents agrees not to Assign this Agreement, nor Sub-Let any part of the property, nor
to allow any other person
to live therein other than as named in Paragraph 5 above without first Tequesting permission form the Owner and
paying the appropriate
surcharge. Further, that covenants contained in this Rental Agreement it, Once breached, cannot afterward be performed;
and that unlawful
detainer proceedings may be commenced at once without notice.
18, COURT COSTS AND REINSTATEMENT FEES — Resident agrees to pay all court costs and a reinstatement fee
of $300 to the
Owner in enforcing legal action or any of the Owner’s other rights under this agreement or any law of the State
of Ohio. In the event that
any portion of the Agreement shall be found to be uns supportable under Chapter 5321 of the Ohio Revised Code, the remaining provisions
shall continue to be valid and subjectto enforcement in the courts without exception.
16. OWNER’S STATEMENTS —All rights given to the Owner by this agreement shall be cumulative in addition
to any other laws which
might exist or come into being. Any exercise, or failure to exercis ¢, by the Owner of any right shall not act as a waiver
of any other rights.
‘No statement or promise of Owner or his Agent as to tenancy, repairs, alterations, or other terms and conditions
shall be binding unless
specified in writing and specifically endorsed.
17, RIGHT TO SIGN - The individual(s) ) signing this Lease/Rental Agreement as Resident stipulates and warrants that he/she/they have
the right to sign for and bind all occupants.
18. BANKRUPTCY - If Residents become insolvent, or if ‘bankruptcy proceedings shall be initiated by
or against the Residents during the
above tenancy, the Owner is hereby irrevocably authorized at his opti mt to immediately cancel this rental
other judicial officer shall have any right, title or interest in or to the above-described property by virtue of contract. No receiver, trustee or
this contract or of the claims of
the Residents or any third-party claims.
19. UTILITIES ~ Resident will be responsible for payment of all utilities, garbage, water and sewer
charges, telephone, gas or other bills
incurred during their residency, and thru the last day of the month that Resident vacates ‘the property. They specifically authorize Owner to
deduct amounts of unpaid bills from their security deposit in the event they remain unpaid after
t termination of this agreement, in
accordance with Section 5321.16 of the Ohio Revised Code.
Utilities must be transferred 3 days prior to occupancy by Resident. Keys will
be issued following the transfer of the utilities into
the tenant’s name,
Cable- Phone-.
Gas. Electric.
Water/Sewer. Trash.
20. RENTERS INSURANCE IS REQUIRED- No rights of storage arc given by this agreement, The Owner
shall not be liable.for any
loss of personal property by fire, theft, breakage, burglary, water damage or otherwise nor for any accidental
damage to persons or property
in or about the leases/rented premises or building resulting from electrical 1 failure, water, rain, windstorm, or
any act of God, contractors, or
employees, or by any other cause, whatsoever. Resident hereby covenants and agrees to make no claim for
against Owner, but to purchase insurance, in adequate amounts to offset any risk. Renters any such damages or loss
In: surance Policy should include
The Management Entity (to whom you make your payment to) as Additional Insured or Certificate Holder.
21, Early Lease Termination Fee: Should resident desire to move-out prior to end of the rental term, resident may pay a one-time fee
equivalent to two month’s rent to end the lease early and be released from any further
rent obligation. However, resident will still be
responsible for any unpaid damages or other obligations.
Revised 8/2020
inna LAC L
Page 4 Rental Contract
22, REMOVAL OF PROPERTY ~ Resident agrees not to remove or alter the property without
specific written permission from the
Owner. Any removal or alteration of Owner’s property without permission shall constitute abandonment and surrender of the premises, and
termination by the Resident of this agreement. Owner may take immediate possession and exclude Residents from
the property, storing all
Resident’s possessions at Resident’ 's expense pending reimbursement in full for Owner’s loss or damages.
23. LOST RENTS — All rents should be mailed through the United States Postal Service to 6077 Far Hills Ave.
#116
Dayton, OH 45459, in th il il ‘eated unpaid until rec i bi r.
24, RETURN DEPOSIT -. In accordance with Section 5321.16 of the Ohio Revi ised Code, release of security
deposits is subject to the
provisions of the Ohio Statutes and as follows:
(a) The full term of the Rental/Lease Agreement has been completed
() A full two (2) calendar months written notice has been sent to the Owner (or Agent) by registered mail prior to vacating,
(©) No damage or deterioration to the premises, buildings, and grounds is evident.
(@) The entire dwelling, appliances, closets, cupboards, and oven are clean and free from insects, the refrigerator is defrosted, all
debris and rubbish has been removed from the property. , carpets are professionally cleaned and left clean and
odorless. {see
ittached t of re nde ole companic
(e) All unpaid charges have been paid including late charges, visitor charges, pet charges,
delinquent rents, utilities charges, ete.
(f) All keys have been returned, including keys to any new locks installed while tenant w: ‘as in possession.
(g) A forwarding address has been left with the Owner.
Within thirty (30) days after termination of occu; ipancy the Owner will mail the security deposit to the address provided by the Resident
in the names of all signatories hereto, or Owner will impose a claim on the deposit and so notify
the Resident in writing. This is
pursuant to Section 5321.16 of the Ohio Revised Code.
25. REPAIRS — In the event repairs are needed beyond the competence of the Resident, he or she is urged
to arrange for professional
assistance. Residents are offered the discount as an incentive to make their own decisions on the property they
live in, and to allow the
Owner to rent the property without the need to employ professional management. Therefore, as much
as possible, the Resident should
refrain from contacting the Owner except for emergencies or for repairs costing more than the discount, since
such involvement by the
Owner will result in the loss of the discount. ANY REPAIR THAT WILL COST MORE THAN THE
DISCOUNT MUST BE APPROVED BY THE OWNER OR THE TENANT WILL BE RESPONSIBLE FOR AMOUNT OF THE
OF THAT REPAIR. In no case will the owner/man: ‘ager pay for materials or labor costs contracted for by the THE ENTIRE COST
tenants without prior written
authorization. Any improvements made by the tenant it shall become the Property of the Owner at the conclusion
of this agreement.
26. LIMITED SUPPORT - The Tenants are advised that Owner is not able to provide the normal range of support
° landlords typically
provide to tenants. Tenants are expected to use their best judgement in resoh lving problems if they are to realize
the rental discount indicated
in h 4. Tenants are encouraged to perform all repairs for which they are qualified.
27, COUNSEL — is carefully! Thi: e Rental Cont t! It requires a far higher level of Resident responsibility
and self support for which you will receive a monthly discount from market rent ts to compensat
e you for your extra effort. By signing this
document, you warrant that you understand all the terms and conditions under ich the Owner has agreed to entrust his property to you.
You are prepared to perform the normal duties of the Owner yourself, or to have
them performed by someone else at your expense.
In return you expect the Landlord to give you more discretion to make your own decisions
about maintaining the house and grounds and to
offer you stable rents over a relatively long term.
28. Move Out: Should resident vacate before the end of the lease term; the resident
5
responsible for all expenses in seeking another resident, Painting: If the Resident moves
will be held liable for the rest of the term and
before residing a minimum of two years, and it is
determined that the premises requires repainting, that is not considered “normal
wear and tear,” the resident will be responsible for the
repainting cost. Move Out: By 12:00 PM on last day of the rental period to allow new
residents to move in.
29. WORKERS WARRANTY - All parties to this agreement warrant that any work or
repairs performed by the Resident will be
undertaken only if he/she is competent and qualified to perform it, and the person performing
the work will be totally responsible for all
activities to assure they are
done in a safe manner which will meet all the applicable statutes. They farther warrant that they
accountable for any mishaps or accidents resulting from such work, and that they will hold the Owner will be
free from harm, litigation or claims
of any other person.
30, PURCHASE OF HOME - Many of our residents are renting only temporarily and will
build a new home or purchase an existing
home when the time is right, we would like to help you fin d that new home, Please
As your Agent/Realtor in the new home
call_ “Suha. @ (937) 47S ~G288.
transaction we can waive the balance of your rental contract res; sponsibility, enabling you to
purchase a home on your timetable, without being subject to damages or forfeiting your security deposit.
allowing you the flexibility to pi uurchase at your convenience without risking additional This is a win-win scenario
expense. We will treat you fairly, professionally,
and try to exceed your expectations.
31. ACKNOWLEGEMENT - In this agreement the singular number where used will also
include the plural, the rasculine gender will
include the feminine, the term Owner will include Landlord, Lessor, and the term Resident
will include the Tenant, Lessee. The below
signed parties acknowledge thet they have read and understand all of th ¢ provisions of this agreement.
Revised 8/2020
rina WE £04
Page 5 Rental Contract
32, Military Clause___Yes_& No
33. Copy of Drivers License yo Yes No
34, Se
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ELECTRONICALLY FILED COURT OF COMMON PLEAS rch 11, 2024 9:37:32 Al CASE NU MBER: 2024 CV 01499 Docket ID: 945108914 Mike Fol CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION ART PARADISE, INC. Case No. 6077 Far Hills Avenue, #116 Dayton, Ohio 45459, Judge Plaintiff, -vs- MICHAEL LAMBERT COMPLAINT FOR EVICTION, 1021 Sunset Drive RESTITUTION, AND DAMAGES Englewood, Ohio 45322 and KENNEDY C. LAMBERT 1021 Sunset Drive Englewood, Ohio 45322, Defendants. NOW COMES Plaintiff Art Paradise, Inc. (‘API’), and for its Complaint against Defendants Michael Lambert and Kennedy C. Lambert, pleads as follows: PARTIES & JURISDICTION APTis and was at all pertinent times a limited partnership duly organized under and in good standing with this state, with its principal place of business in Montgomery County, Ohio. Upon information and belief, Defendants Michael Lambert and Kennedy C. Lambert are and were at all times pertinent residents of Montgomery County, Ohio, residing at the address stated on the caption. Jurisdiction is proper pursuant to R.C. 1923.01(A), and venue is proper pursuant to Civ.R. 3(B)(1), Civ.R. 3(B)(3), Civ.R. 3(B)(5), and Civ.R. 3(B)(6). GENERAL ALLEGATIONS At all pertinent times, API was and is the record owner of the real property commonly known as 1021 Sunset Drive, Englewood, Ohio 45322 (the “Premises”). G R EEN G R EEN AW YER S FeAl. PROWESIONNL. ASS sora On March 6, 2023, Defendants contracted with API to lease the Premises on which they would reside in a home as a residential tenant for a term beginning March 4, 2023. A copy of the rental contract (the “Agreement”) is attached as Exhibit A. API delivered possession of the Premises to Defendants as agreed, and has complied with its other obligations under the Agreement and the Ohio Landlord-Tenant Act, to the extent that this Act is applicable. Pursuant to the Contract, rent of $1,725.00 was due in advance on or before the first day of each month, and a late fee ($50.00) was due for each month in which rent was not received within five days of the due date. Defendants failed to pay rent and late fees for the months of February 1, 2024, and March 1, 2024, despite retaining possession of the Premises during those months. On February 20, 2024, API served a three-day notice to vacate the Premises by posting it on the door of the Premises. A copy of the notice is attached as Exhibit B. 10 Defendants have refused to surrender possession of the Premises to API, and are unlawfully and forcibly detaining the same through this date of filing. 11 API has not received nor accepted payment of the amounts above, all of which remain outstanding through this date of filing. COUNT ONE: RESTITUTION 12 API incorporates the allegations in Paragraphs 1 to 11 as if fully restated herein. 13 Defendants are in default for failing to pay according to the terms of the Agreement. 14 API served a three-day notice to vacate on February 20, 2024. 15 Defendants have failed to restore possession of the Premises to API, and are unlawfully and forcibly detaining the same. 16 API has not accepted any money or other consideration from Defendants since serving the three-day notice to vacate. 17 API is entitled to an order restoring possession of the Premises to it. COUNT TWO: BREACH OF CONTRACT 18 API incorporates the allegations of Paragraphs 1 to 17 as if fully restated herein. 19 API has fully performed according to the Agreement, and there are no unsatisfied conditions precedent to Defendants’ duty to pay. GR EE EN GR EEN L A wy eR S cat, PROMWStOSN, ARWeIEtIO 20 Defendants had a contractual duty to pay $1,725.00 in rent in advance on or before the first day of each month and breached his duty by failing to pay as agreed. 21 API will continue to sustain damages for each month, or part thereof, during which Defendants remain in possession of the Premises without paying rent and late fees as agreed. 22 Defendants’ refusal to surrender the Premises has made it impossible for API to determine whether Defendants caused or permitted damage, waste, or other deterioration of the Premises. Should API discover damage, waste, or deterioration, reasonable wear and tear excluded, upon recovery of the Premises, API will be entitled to recover remediation costs from Defendants. 23. Defendants will continue to owe rent for each month, or part thereof, during which API is unable, despite reasonable diligence, to place a suitable replacement tenant in the Premises. 24 Asa direct and proximate result of Defendants’ breaches, API has sustained damages in an amount to be determined at trial along with $300.00 in court costs. COUNT THREE: UNJUST ENRICHMENT (IN THE ALTERNATIVE) 25. API incorporates the allegations in Paragraphs | to 24 as if fully restated herein. 26. API conferred a benefit upon Defendants consisting of the sole possession and use of the Premises. 27. Defendants accepted the benefit knowing that API expected to be compensated therefor. 28. Defendants have paid nothing in consideration. 29. It is unjust to allow Defendants to retain the benefit without paying fair compensation. 30. Asa direct and proximate result of Defendants’ conduct, API has sustained damages in an amount to be determined at trial. WHEREFORE: Plaintiff Art Paradise, Inc. demands as follows: A. On Count One: an order restoring possession of the Premises to API; B. On Count Two: judgment against Defendants in an amount to be determined at trial; C. In the alternative, on Count Three: judgment against Defendants in an amount to be determined at trial; D. That costs of this action be taxed to Defendants; GR E EN GR EEN LAW yY ERS A UicaL mmorssiasAL—assocuatiON: E. Pre-and post-judgment interest at the statutory rate until satisfied, attorney fees, and all other relief this Court may deem appropriate. Respectfully submitted, /s/ Jared A. Wagner JARED A. WAGNER (0076674) GREEN & GREEN, LAWYERS 800 Performance Place 109 North Main Street Dayton, Ohio 45402-1290 Tel. 937.224.3333 Fax. 937.224.4311 jawagner(@green-law.com (Us: Counsel for Plaintiff GR EE N G R E EN LAW Y eR S reat doHtssiONs sssocnenis RENTAL CONTRACT K P. L [ ] A.P.TRUSTEE [ ] API DI [ ] PAG HOLDINGS [ ] Home Experts Realty 6077 FAR HILLS AVE, #116 Breede [ J Equity Trust Co, DAYTON, OHIO 45459 In consideration of the agreements of the Resident 1t(s), known as Michae| é Keanedy The Owner / Mgr. Lowber + PT hereby rents the dwelling located at_/Q 2! Sunset Dr. for the period commencing Eralewdod Ol, YS322 on the _Y day of Marth 2023 an id continui thru the lastng day of _Mlasch Resident(s) in consideration of Owners permitting them to occupy the abor 20 24 7 ve property, hereby agree(s) to the following terms: 1. RENT — To pay us as rental the sum $/725. _ per month, % (inc! luding pet fee), due and payable in advance on or before the first fay of eacl h month. Such rental amor ent SO" ver =e justed upon renewal to compen: sate for increasing costs. liscount it will be le at unableto give possession. The owner shall not be liable for failure to give resident possession of the rental - beginning of the term unless the owner is on the beginning date of the tem, L anc pane or one ore days of any month esth siden forthe entir month ement by landlord. Monies received from the resident shall apply first to late fees, court costs, reinstatement fees, p posit month ctib for main nee/repair. d nguent ren bad ch rg deling nt water bill dam top oro to ren idents further agree to. ti the within 5 di 5% ch time receiv 2, BAD CHECKS- A dishonored check waives the discount for that month. Resident further agrees to reimburse owner $35.00 Bank Charge for a Dishonored Check. Thereafter rent must be paid only by money order or cashiers check. 3. APPLIANCES — The above rental payment specifically EXCLUDES all appliances, such as dishwashers, ranges, refrigerators, microwaves, garage door, door openers, and disposal. Such appliances are there solely at the convenience of the Owner, who assumes no responsibility for their operation. In the event they become unsatisfactory after occupancy is started, the Resident may have them repaired, at no cost to the Owner. 4. DISCOUNT — As an incentive to the Resident to pay rent payments AHEAD OF TIME, and for being responsible for all maintenance of the premises and yard each month, (except as identified in Ohio Revised Code 5321.04) deducted from the rental sum each month. This means the Resident is responsible to pay the }) a discount in the amount of $75.00 may be first $75 of any maintenance, house call or repair, per occurrence. It works like a deductible insurance policy. In the event the discount is lost one month, this will not prevent the Resident from benefiting from the discount in subsequent months. Discounts lost due to a maintenance call will be added to the next month’s rent due. 5._EXTRA VISITOR! S - To use said dwelling as living quarters for only _Z adults and children, named _Peeshie SX and to pay $100 each month for each other person who shall occupy the premises in any capacity, ‘for a period longer than 7 days. Written permission must be obtained in advance for additional tesidents, or Resident(s) will be in default and will be charged $100.00 per each additional occupant retroactive to month for the start of this tenanc cy. Resident(s) agree that premises will not be used for any commercial business. Telephone Wiring: Resident is responsible for « arrying line backer coverage with their local phone carrier so that if they experience a problem with their phones, owner will not have to pay for the charges of the phone company to come out and find the wiring problem and fix it. 6. ACCEPTANCE OF PROPERTY -— Resident(: 8) accepts the condition of the subject property waiving inspections of same by Owner, and repair of defects, if any Resident accepts the Property in its current state of cleanliness. Resident further agrees to indemnify Owner against any loss liability arising out of Resident’ 's use of the property, including those using the property with Owner’s consent. Resident hereby releases owner of liability related to de! ferred occupancy as @ result of prior tenant not vacating the property in a timely manner. 7. THREE-DAY INSPECTION — Under th 1@ terms of this discount lease/rental agreement, it is the resident’: 's obligation to inspect the premises inside and outside within 3 days of initial occupancy, and to return to owner/agent via regular U.S. Mail to 6077 Far Hills Ave., #116, Dayton, OH 45459, (Initials) a le; gible list of any and all defects and/or maintenance items which you should not be held responsible for upon your vacating, It wil I be presumed that the house is functioning in a satisfactory manner in all respects after the expiration of the three (3) days. Resident a; grees that failure to file such a statement shall be conclusive proof that here were no defe of note in the property. After that time, the Resident is obligated to provide for routine maintenance . Problems: If any plumbing, electrical, h cating or air conditioning unit leaks or does at their expense. Notification of not operate in a correct manner, notify us first by telephone. Telephone for any EMERG ENCY. Follow other problems with a written memo. REMEMBER: Any plumb: ing difficulty, such as commode that will not flush, a drippi ing faucet, or a sink that has a plugged drain is your expense. It is the Residents a Plumber/Roto Rooter to clean out pl Jumbing lines. If the repair invoice substantiates tree roots obstructin responsibility to call obstruction of the main discharge line not related to resident’: 's use, Owner will reimburse g the discharge line or other Resident the cost of correction 8. MAINTENANCE —Resident agree: s not to permit any deterioration of the premises during the period of this agreement. This includes woodwork, floors, walls, furnishings, fixtures, appliances, windows, screens, doors, lawns, landscaping conditioning and heating, and mechanical sy: stems. Resident acknowledges specific respons , fences, plumbing, electrical, air ibility for replacing and/or cleaning filters on A/C and heating units. Damages caused to units because of not changing and cleaning filters will be paid for in entirety by the Residents. Revised 8/2020 isa ffl Vc. EXHIBIT iA Page 2 Rental Contract Resident promises that no tacks, nails, or other hang ers will be nailed or screwed into the woodwork , ceilings or walls. No painting to be done, unless the premises are returned to its original condition. Please call the office to confirm paint colors prior to painting, Damage caused by rain, wind or hail as a resultof leaving windows or doors open, or damage caused by overflow of water, or stoppage of waste pipes, breakage of glass, damage to screens, damage from pets, deterioration of lawns and landscaping, whether caused by abuse or neglect is responsibility of the Residents, Resident agrees to provide pest control in the event it is needed Owner will provide fertilization and chemical weed control (3 applications per year). 9. LIABILITY -Each person signing this agreement as a resident is jointly and severally, responsible for all the terms of this agreement including the FULL rent amount and for any dam: (TOGETHER and SEPARATELY) ‘ages that become due. Residents The it thi ny work roperty will unde! en only city. in Tn an employee endent Co! Tr as er/Manager, and further. such wil dor onl ualified parti supervision of the Residents who will be fully accountable for as: suring that work is performed e direct in a safe, competent manner in accordance with the applicable leases, codes and ordinances. e Residents ay t full liability for any mish: Sor accidents and to hold the Owner/Manager free from harm or loss arising from claims of any other parties, might result from said work or his tenancy in any way. If any material facts in the rental application are regardless of cause, which for un \d untrue or if the premises are occupied by anyone other than the resident as stated in the application, the landlord will have the right to terminate this lease. 10, ALTERATIONS — No alterations or redecorating of any kind to the dwelling shall be made without the written consent of Owner. Resident accepts premises in its current state and agrees to return it in like condition, 11, SECURTY DEPOSIT — Resident agrees to pay a deposit in the amount of $ (GSO. “fo secure Resident’s pledge of full compliance with the terms of this agreement. Resident waives interest on any additional security deposit. Note: THE DEPOSIT MAY NOT BE USED BY RESIDENT TO PAY RENT DURING THE TENANCY, although the Owner may claim the security deposit for past due rent, or to pay a lease fee of one month’s rent should the term of the lease not be compl leted. The security deposit will be used at end of the tenancy to compensate the Owner for any damages or unpaid rent or charges. Any damages not previously reported, as required in Paragraph 7, will be repaired at Resident's expense with security deposit funds. The initial payment of rent and security deposit under this agreement must be made by GUARANTE ED FUNDS. ADDITIONAL SECURITY DEPOSITY REQUIRED $ 12, PET FEE — Resident agrees to pay a NON-REFUNDABLE PET FEE OF $35 PER MONTH PER PET. All pets found on the property; but not registered under this agreement will be presumed to be strays and disposed of by the appropriate agency as prescribed by law. In the event a Resident harbors and undisclosed pet, they agree to pay a pet fee for entire term of the agreement, regardless of when the pet was first introduced to the household. Name and description of pet or pet’s fo ets ~ = The Resident specifically understands and agrees: (@) No pet which is attack trained or vicious, with a history of biting people or other animals, or of property damage will be kept on the premises, (b) That the Resident is solely responsible for any and all damage to the Owner’s property including, but not limited to the premises, ing, draperies and blinds, wall coverings, furnishings, appliances, and landscaping, including the lawn, and shrubbery. (©) That in a like manner, resident is respon: sible for any and all damage or loss to Persons or property of other caused by the Resident’s pet(s) and in this regard does hereby agree to hold the Owner (@) That all pet(s) should be cared for and maintained in a humane and lawfulharmless manner. for any such damage. (e) That all pet waste shall be removed, including cleaning of HVAC air returns, (f) That all pets shall be maintained so as to not cause annoyance to others. (g)- That Resident shall provide a renter’s insurance policy with a specific dog rider if a dog is kept at premises. Property Owner to be additional insured on this policy. 13. RESIDENT’S OBLIGATIONS — To meet all Resident’s obligations as in the Ohio Statues, including: (a) Taking affirmative action to ensure that nothing exists which m: ‘ight place the Owner in violation of applicable building, housing, zoning, and health codes. (b) Keeping the dwelling clean and sanitary, removing garbage and trash as thi ey accumulate, maintainin g plumbing in good working order to prevent stoppage and/or leakage of plumbing fixtures, faucets, pip eS, etc, (c) Operating all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other appliance s in a reasonable manner, safely. (@) Assuring that property belonging to the Owner is safeguarded against damage, destruction, loss, removal, or theft. (e) Conducting him/herself, his/her family, friends, guests, visitors in a manner which will not disturb others. Revised 8/2020 raul, CL P ce Cont (f) Allowing the Owner/or Owner's Agent access to the premises for the purpose of inspection, repairs, or to show the Property to someone else at reasonable hours on request. At the end of agreement Resident agrees to assist the owner by showing property to prospective residents prior to moving. Ifa qualified applicant agrees to rent the property through the assistance of the vacating resident, if the Resident vacates the premises prior to the end of the rental agreement, but assists the owner in finding a new lessee, the vacating Resident is eligible to receive his original security deposit & any prepaid duplicate rent plus a $100 Bonus (Thank you) to be paid with the return of their deposit, less damages. A lockbox may be installed and used to facilitate showing of property in Resident it(s) absence. Resident will allow showing of the home to prospective new residents upon 24-hour notice. Residents refusal to allow a locl kbox to be installed, or lack of co-operation in facilitating showings to prospective new residents, will forfeit the resident’s security deposit. (g) Living up to all the provisions of this Rental/Lease Agreement, particularly wi ith respect to paying the rent on time and maintaining the property. Resident warrants that he/she will meet the above conditi ions in every respect and acknowledges that failure to do so will be grounds for termination of this Agreement and loss of all deposit its without further recourse, (h) To comply with all Homeowners Association Covenants. 14, SUB-LETTING ~Residents agrees not to Assign this Agreement, nor Sub-Let any part of the property, nor to allow any other person to live therein other than as named in Paragraph 5 above without first Tequesting permission form the Owner and paying the appropriate surcharge. Further, that covenants contained in this Rental Agreement it, Once breached, cannot afterward be performed; and that unlawful detainer proceedings may be commenced at once without notice. 18, COURT COSTS AND REINSTATEMENT FEES — Resident agrees to pay all court costs and a reinstatement fee of $300 to the Owner in enforcing legal action or any of the Owner’s other rights under this agreement or any law of the State of Ohio. In the event that any portion of the Agreement shall be found to be uns supportable under Chapter 5321 of the Ohio Revised Code, the remaining provisions shall continue to be valid and subjectto enforcement in the courts without exception. 16. OWNER’S STATEMENTS —All rights given to the Owner by this agreement shall be cumulative in addition to any other laws which might exist or come into being. Any exercise, or failure to exercis ¢, by the Owner of any right shall not act as a waiver of any other rights. ‘No statement or promise of Owner or his Agent as to tenancy, repairs, alterations, or other terms and conditions shall be binding unless specified in writing and specifically endorsed. 17, RIGHT TO SIGN - The individual(s) ) signing this Lease/Rental Agreement as Resident stipulates and warrants that he/she/they have the right to sign for and bind all occupants. 18. BANKRUPTCY - If Residents become insolvent, or if ‘bankruptcy proceedings shall be initiated by or against the Residents during the above tenancy, the Owner is hereby irrevocably authorized at his opti mt to immediately cancel this rental other judicial officer shall have any right, title or interest in or to the above-described property by virtue of contract. No receiver, trustee or this contract or of the claims of the Residents or any third-party claims. 19. UTILITIES ~ Resident will be responsible for payment of all utilities, garbage, water and sewer charges, telephone, gas or other bills incurred during their residency, and thru the last day of the month that Resident vacates ‘the property. They specifically authorize Owner to deduct amounts of unpaid bills from their security deposit in the event they remain unpaid after t termination of this agreement, in accordance with Section 5321.16 of the Ohio Revised Code. Utilities must be transferred 3 days prior to occupancy by Resident. Keys will be issued following the transfer of the utilities into the tenant’s name, Cable- Phone-. Gas. Electric. Water/Sewer. Trash. 20. RENTERS INSURANCE IS REQUIRED- No rights of storage arc given by this agreement, The Owner shall not be liable.for any loss of personal property by fire, theft, breakage, burglary, water damage or otherwise nor for any accidental damage to persons or property in or about the leases/rented premises or building resulting from electrical 1 failure, water, rain, windstorm, or any act of God, contractors, or employees, or by any other cause, whatsoever. Resident hereby covenants and agrees to make no claim for against Owner, but to purchase insurance, in adequate amounts to offset any risk. Renters any such damages or loss In: surance Policy should include The Management Entity (to whom you make your payment to) as Additional Insured or Certificate Holder. 21, Early Lease Termination Fee: Should resident desire to move-out prior to end of the rental term, resident may pay a one-time fee equivalent to two month’s rent to end the lease early and be released from any further rent obligation. However, resident will still be responsible for any unpaid damages or other obligations. Revised 8/2020 inna LAC L Page 4 Rental Contract 22, REMOVAL OF PROPERTY ~ Resident agrees not to remove or alter the property without specific written permission from the Owner. Any removal or alteration of Owner’s property without permission shall constitute abandonment and surrender of the premises, and termination by the Resident of this agreement. Owner may take immediate possession and exclude Residents from the property, storing all Resident’s possessions at Resident’ 's expense pending reimbursement in full for Owner’s loss or damages. 23. LOST RENTS — All rents should be mailed through the United States Postal Service to 6077 Far Hills Ave. #116 Dayton, OH 45459, in th il il ‘eated unpaid until rec i bi r. 24, RETURN DEPOSIT -. In accordance with Section 5321.16 of the Ohio Revi ised Code, release of security deposits is subject to the provisions of the Ohio Statutes and as follows: (a) The full term of the Rental/Lease Agreement has been completed () A full two (2) calendar months written notice has been sent to the Owner (or Agent) by registered mail prior to vacating, (©) No damage or deterioration to the premises, buildings, and grounds is evident. (@) The entire dwelling, appliances, closets, cupboards, and oven are clean and free from insects, the refrigerator is defrosted, all debris and rubbish has been removed from the property. , carpets are professionally cleaned and left clean and odorless. {see ittached t of re nde ole companic (e) All unpaid charges have been paid including late charges, visitor charges, pet charges, delinquent rents, utilities charges, ete. (f) All keys have been returned, including keys to any new locks installed while tenant w: ‘as in possession. (g) A forwarding address has been left with the Owner. Within thirty (30) days after termination of occu; ipancy the Owner will mail the security deposit to the address provided by the Resident in the names of all signatories hereto, or Owner will impose a claim on the deposit and so notify the Resident in writing. This is pursuant to Section 5321.16 of the Ohio Revised Code. 25. REPAIRS — In the event repairs are needed beyond the competence of the Resident, he or she is urged to arrange for professional assistance. Residents are offered the discount as an incentive to make their own decisions on the property they live in, and to allow the Owner to rent the property without the need to employ professional management. Therefore, as much as possible, the Resident should refrain from contacting the Owner except for emergencies or for repairs costing more than the discount, since such involvement by the Owner will result in the loss of the discount. ANY REPAIR THAT WILL COST MORE THAN THE DISCOUNT MUST BE APPROVED BY THE OWNER OR THE TENANT WILL BE RESPONSIBLE FOR AMOUNT OF THE OF THAT REPAIR. In no case will the owner/man: ‘ager pay for materials or labor costs contracted for by the THE ENTIRE COST tenants without prior written authorization. Any improvements made by the tenant it shall become the Property of the Owner at the conclusion of this agreement. 26. LIMITED SUPPORT - The Tenants are advised that Owner is not able to provide the normal range of support ° landlords typically provide to tenants. Tenants are expected to use their best judgement in resoh lving problems if they are to realize the rental discount indicated in h 4. Tenants are encouraged to perform all repairs for which they are qualified. 27, COUNSEL — is carefully! Thi: e Rental Cont t! It requires a far higher level of Resident responsibility and self support for which you will receive a monthly discount from market rent ts to compensat e you for your extra effort. By signing this document, you warrant that you understand all the terms and conditions under ich the Owner has agreed to entrust his property to you. You are prepared to perform the normal duties of the Owner yourself, or to have them performed by someone else at your expense. In return you expect the Landlord to give you more discretion to make your own decisions about maintaining the house and grounds and to offer you stable rents over a relatively long term. 28. Move Out: Should resident vacate before the end of the lease term; the resident 5 responsible for all expenses in seeking another resident, Painting: If the Resident moves will be held liable for the rest of the term and before residing a minimum of two years, and it is determined that the premises requires repainting, that is not considered “normal wear and tear,” the resident will be responsible for the repainting cost. Move Out: By 12:00 PM on last day of the rental period to allow new residents to move in. 29. WORKERS WARRANTY - All parties to this agreement warrant that any work or repairs performed by the Resident will be undertaken only if he/she is competent and qualified to perform it, and the person performing the work will be totally responsible for all activities to assure they are done in a safe manner which will meet all the applicable statutes. They farther warrant that they accountable for any mishaps or accidents resulting from such work, and that they will hold the Owner will be free from harm, litigation or claims of any other person. 30, PURCHASE OF HOME - Many of our residents are renting only temporarily and will build a new home or purchase an existing home when the time is right, we would like to help you fin d that new home, Please As your Agent/Realtor in the new home call_ “Suha. @ (937) 47S ~G288. transaction we can waive the balance of your rental contract res; sponsibility, enabling you to purchase a home on your timetable, without being subject to damages or forfeiting your security deposit. allowing you the flexibility to pi uurchase at your convenience without risking additional This is a win-win scenario expense. We will treat you fairly, professionally, and try to exceed your expectations. 31. ACKNOWLEGEMENT - In this agreement the singular number where used will also include the plural, the rasculine gender will include the feminine, the term Owner will include Landlord, Lessor, and the term Resident will include the Tenant, Lessee. The below signed parties acknowledge thet they have read and understand all of th ¢ provisions of this agreement. Revised 8/2020 rina WE £04 Page 5 Rental Contract 32, Military Clause___Yes_& No 33. Copy of Drivers License yo Yes No 34, Se