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RETURN DATE: APRIL 11, 2024 SUPERIOR COURT - HOUSING SESSION
209 WOLCOTT REALTY, LLC JUDICIAL DISTRICT OF WATERBURY
VS. AT WATERBURY
NESBIT, KENNETH, JANE DOE MARCH 22, 2024
AND JOHN DOE
COMPLAINT
FIRST COUNT-Nonpayment of rent
1 On or about November 1, 2020, the Plaintiff, as landlord, and the Defendant,
Kenneth Nesbit, as tenant, entered into a written one-year lease agreement for
premises located at 32 Farragut Street, Apt. 19, Waterbury, Connecticut at a rental
of $900.00 per month. A copy of the lease is attached as Exhibit A.
The Defendant, Kenneth Nesbit, agreed to accept the terms of the said written one
year lease agreement and pay the monthly rent of $900.00, took possession of the
premises and continues to occupy and remain in the premises.
On October 31, 2021, the written lease terminated and converted to a written
month to month lease agreement and the Defendant continues to occupy the
premises under the oral month to month tenancy.
LAW OFFICE OF
EPH W. SANTA MARIA
6 PARK PLACE
NEW BRITAIN,
CONNECTICUT 06052
(@60) 225-8431
JURIS NO. 433729
The Defendant, Kenneth Nesbit, has failed to pay the rent due under the written
month-to-month lease agreement on, March 1, 2024, and it remains unpaid to the
date hereof.
On March 14, 2024, the Plaintiff caused a Notice to Quit Possession to be served
on the Defendant, Kenneth Nesbit to vacate the premises on or before March 20,
2024, as required by law. The Notice to Quit is attached to the Complaint as
Exhibit B.
Although the time given in the Notice to Quit Possession of the premises has
passed, the Defendant, Kenneth Nesbit, continues in possession.
SECOND COUNT - As to once had a right or privilege to occupy but said right or privilege
has terminated as to John Doe and Jane Doe.
On or about November 1, 2020, the Plaintiff, as landlord, and the Defendant,
Kenneth Nesbit, as tenant, entered into a written one-year lease agreement for
premises located at 32 Farragut Street, Apt. 19, Waterbury, Connecticut at a rental
of $900.00 per month. A copy of the lease is attached as Exhibit A.
The Defendant, Kenneth Nesbit, agreed to accept the terms of the said written one
year lease agreement and pay the monthly rent of $900.00, took possession of the
premises and continue to occupy and remain in the premises.
LAW OFFICE OF
EPH W. SANTA MARIA
6 PARK PLACE
NEW BRITAIN,
CONNECTICUT 06052
(860) 225-8431
JURIS NO. 433729
At some time, subsequent to November 1, 2020, Defendant Kenneth Nesbit,
allowed the Defendants, Jane Doe and John Doe, to move into the subject
premises.
The Defendants, Jane Doe, and John Doe have never entered into a rental
agreement with the Plaintiff, nor have they ever paid the Plaintiff any rent.
The Defendants, Jane Doe and John Doe once had the right or privilege to occupy
said premises but said right or privilege to occupy said premises has terminated.
The Defendants, Jane Doe, and John Doe, still occupy the premises.
On March 14, 2024, the Plaintiff caused a Notice to Quit Possession to be served
on the Defendants, Jane Doe, and John Doe, to vacate the premises on or before
March 20, 2024, as required by law. The Notice to Quit is attached to the
Complaint as Exhibit C.
Although the time given in the notice to quit possession of the premises has
passed, the Defendants, Jane Doe, and John Doe, continue in possession.
LAW OFFICE OF
=PH W. SANTA MARIA.
6 PARK PLACE
NEW BRITAIN,
EONNECTICUT 06052
(@60) 225-8431
JURIS No. 433729
Plaintiff claims a judgment for immediate possession of the premises.
PLAINTIFF 209 WOLCOTT REALTY, LLC
loseph W. Santa Maria, It’s Attorney
6 Park Place
New Britain, CT 06052
860-225-8431
Juris # 420390
LAW OFFICE OF
EPH W. SANTA MARIA
6 PARK PLACE
NEW BRITAIN,
CONNECTICUT o60s2
(60) 225-8431
JURIS NO. 433729
209 Wolcott Reaity, Lic
P.O. Box 4392 « Waterbury, CT 06704
(860) 224-6686
| 1.4 SECURITY DEPOSIT
The total security deposit at the time of execution of this Lease
Residency and Financials Contract for all residents in the apartment is due on or before
the date this Lease Contract is signed. We will hold the security
deposit for the term of the tenancy and, upon termination of the
1.1 PARTIES AND OCCUPANTS tenancy, reserve the right to use the security deposit, or portions
thereof, to cover any charges related to your, performance of this
This Lease Contract is between you, the undersigned resident(s) Lease Contract, including, but not limited to, cleaning, repair of
damages, unpaid rent, late fees, and returned check fees.
Kenneth Nesbit
and us, the owner /agent 1.5 UTILITIES
209 Wolcott Realty, Lic We'll pay for the following utilities:
You've agreed to rent the property located at Cold Water, Sewer Use, Trash Collection
You'll pay for all other utilities, related deposits, and any charges,
209 WolcottSt - 32 Farragut 19 fees, or services on such utilities. We do not guarantee or warrant
26 & 32 Farragut St that there will be no interruption of utility service. You shall contact
Waterbury, CT 06705 the utility service provider in the event of an interruption of service.
If vour electricity is ever interrupted, you must use only battery-
for uss a private residence only. The terms "you" and "your" refer operated lighting.
to all residents listed above. The terms “we,” “us,” and "our" refer to
the owner/agent listed
1.6 SMOKE DETECTORS; FIRE SPRINKLER
The apartment will be occupied exclusively by the resident(s) listed SYSTEM.
above. The Owner/Agent must approve unauthorized occupants
living in the premises for longer than 7 consecutive days You will inspect all smoke detectors periodically, and will replace
worn out balteries when needed. Prior to your move in all smoke
detectors will be new and in working order. You will notify us
1.2 LEASE DURATION promptly if any smoke detector is not operating, and we will then
replace it. Smoke detectors re not to be removed or taken down.
The terms of this tenai shall commence on 11/01/2020 and end There is a violation fine of $25.00 per smoke battery if taken down
on 10/31/2021, and ¢ eafter, shall be month-to-month on the by resident.
same terms and conditions as stated herein, save any changes made
pursuant to law, until terminated AS REQUIRED BY SECTION 57 OF PUBLIC ACT 15-5, WE
HEREBY ADVISE YOU AS FOLLOWS (CHECK ONE)
1.3 RENTS AND CHARGES The dwelling does not have an operative fire sprinkler system.
You shall pay $900.00 per month for rent. ‘The first month's rent ‘The dwelling has an operative fire sprinkler system and the last
and /or prorated rent amount of shall be due prior to move-in. date of maintenance and inspection of that system was
Every month thereafter, you must pay your rent on or before the ist
day of each month with 4 days of grace period. The following late 1.7 INSURANCE
fees will apply for payments made after the grace period
We do not maintain insurance to cover your personal belongings
Late fee rule: $75.00 Flat Fee ate Fee after the 9th of the month: or personal injury. You assume all liability for personal injury,
00 property damage or loss, and insurable risk. We urge you to get
Daily late fee: $0.00 your own insurance for losses to your personal property or injuries
Online payment non sufficient funds ee: $75.00 due to theft, fire, water damage, pipe leaks and the like.
A charge of $25 will apply for ev y returned check or rejected Additionally, you are required to purchase personal. liability
electronic payment plus the amount of any fees charged to the insurance. Failure to maintain personal liability insurance is an
incurable breach of this Lease Contract and may result in the
Owner/Agent by any financial institution as a result of the check termination of tenancy and eviction and/or any other remedies as
not being honored, plus any applicable late fee charges. If you don't provided by this Lease Contract or state law.
pay rent on time, you'll be delinquent and al! remedies under this
Lease Contract will be authorized
1.6 KEYS AND LOCKS
We may change the terms of this lease in accordance with epplicable
Jawy, including rent increases and other modifications to the terms of You will be provided the following keys:
the contract,
Front door
2.2 CONTINUED COMMUNITY POLICIES OR
All deadlocks, ke:s, window latches, doorknobs and any additional RULES
device required by local government ordinance, will be in working,
order when you move in No personal items will be stored inside or outside of any
common area.
You shall be liable for the entire cost all of key and lock
replacements. You shall not change the locks or add a deadbolt lock No trash cans or trash bags will be left on the front or back
without our written consent. porch areas.
All keys must be returned to us when you vacate the unit. You will No hanging clothes or rugs or any items on the front or back
be charged for the cost of new locks and keys thai are not returned. porches.
No furniture or TY, or dressers or any bulk item that you need
1.9 CONTINUED KEY & LOCKS to dispose off will be left on the sidewalk or near the garbage
cans. Please call the City of Hartford to schedule a pick up
Each financially responsible ‘Tenant will be provided (1) key to their with them. It is the residents responsibility to remove any
apartment unit and (i) entry key into the building (where trash or garbage that is larger than a regular household trash
applicable) and (1) mailbox key (where applicable) can.
“Note: Any property where the mailboxes are owned by the Postal No abandoned car or unregistered vehicle or car parts will be
Service
requires the Tenant to purchase their mailbox key from the local stored on our property.
post office. 6. No gas or propane tanks will be stored near the property.
All deadlocks, keys, window latches, doorknobs and any additional There is no throwing of any garbage or any items from your
device required by local government ordinance, will be in working porch areas. Trash and garbage will be placed only in trash
order when you move in. You shail be liable for the entire cost all can.
of key and lock replacements. You shall not change the locks or
add a deadbolt lock without our written consent. All keys must be If you have a pet, it is your responsibility to clean up after your
returned to us when you vacate the unit. pet, dog feces left on the property attract rodents!
You will be charged for the cost of new locks and keys that are % No excessive and disturbing noise allowed!
not returned. A fee of $50.00 v Il be charged for the duplication of
any lost keys or to aid in a lockout during Maintenance Hours of: 10. Do not prop the front main doors with any items, all residents
8am - 3pm, Monday - Friday. A fee of $100.00 will be charged to shouid have a key for access
replace any damaged locks or to aid ina lockout situation outside of
Maintenance Hours Failure to return keys ai move-out will result 11. Any items or personal property left anywhere in a common area
in a $150.00 charge to cover the expense to change and/or rekey the will be considered as trash and will be disposed of.
lock.
12. If you over use our electricity in your leased apartment, we
will charge you a rip charge to reset your breaker. $50.00 per
By initialing below, you acknowledge and agree to the terms in occurrence.
Section 1
13, All hallways and stair wells are to be kept clean and free of
debris.
x KSK 14. No washer machine or dryer are allowed in your leased
apartment unless you have written permission from the landlord.
Kenneth Nesbit
15, Dumpster area is to be kept clean and no garbage bags will
be allowed to be placed near or next to the dumpster. We are not
responsible for your bulk debris or garbage. We do not remove
mattress and they are not allowed in our dumpster. Please call you
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local city to schedule a pick up. Removal of mattress is $50.00 each.
16. There is no loitering on our property, or common area, front and
back porch/staircase.
Policies and Procedures
17. There is smoking allowed in any common areas such as front
or back porch/staircase. Or were there are signs that they NO
2.1 COMMUNITY POLICIES OR RULES Smoking.
You and all guests and occupants must comply with any written 18. We are not responsible for appliances, such as refrigerators,
community rules and policies, including instructions for care of stove, washer machines, dryer and AC Units. If you create a washer
our property. Any rules are considered part of this Le Contract. machine backup in your unit and over-flood the unit you will be
We may make reasonable changes to written rules, effective responsible for any damages and a $200 fine for water leaks plus any
immediately, if d ributed and applicable to all units in the damages made to other units or the basement. If you cause a water
community. leak going into another unit, you are responsible for all damages
including materials and labor.
Any persons not following the rules and regulations of our 2.7 OCCUPANCY AND USE
property will be charged with a violation/Fine of $50.00-200 per
occurrence. The premises are to be used only as a private residence for Tenant(s)
and Other Occupant(s) listed as parties of thi Agreement. The
NO EXCEPTIONS!! NO QUESTIONS!!! premises shall not be used for any purpose other than a private
residence without the prior written consent of the Landlord.
2.3 PEST TREATMENT
2.8 USE OF PREMISES
At times it may be necessary for Landlord to treat the entire
building and individual units for pests. Tenant shall be provided The Premises shall be occupied by no more than person(s). The
reasonable notice of said treatment. Tenant shall comply with all following are the name(s) of the permitted occupant(s): Names on
reasonable requests from landlord including, but not limited to, the lease. Tenant shall use the Premises in a safe, sanitary and
making the apartment available for treatment on the scheduled proper manner. No trade, business or other occupation shall be
treatment day. Tenant's failure to do so will result in a fine of $200 carried on therein or thereon by Tenant. The Premises shall not be
per
Occurrence. If professional pest company finds that your unit sublet, or this Lease assigned, without the prior express written
was the initial cause of a roach problem or bed bugs, you will be consent of Landlord. Landlord’s consent to one assignment or
charged to exterminate your unit or more. You are to keep you unit subletting shall not be construed as a waiver by Landlord to any
ina clean, sanitary condition at all times for the health and safety of subsequent assignment or subletting. The Premises shall not be
your families. used or permitted to be used for any unlawful purposes, or for any
purpose, which will disturb or annoy any other residents, or for any
2.4 TERRACES AND BALCONIES purpose, which will increase the hazard insurance premiums with
respect to the Premisi Tenant shall not drive nails or screws into
The Apartment may have a terrace or balcony. The terms of this or in any way affix pictures hangers or similar devices to the walls
Lease apply to the terrace or balcony as if part of the Apartment. of the Premises without first obtaining the written permission of
The Landlord may make special rules Landlord.
for the terrace and balcony. Landlord will notify Tenant of such
rules. Tenant must keep the terrace or balcony clean and free from
snow, ice, leaves and garbage and keep all eens and drains in 2.9 STORAGE
good repair. No cooking is allowed on the terrace or balcony. Tenant All personal items belonging to Tenant should be stored within his/
may not install a fence or any addition on the terrace or balcony. her apartment or in the basement when given written consent by
If Tenant does, Landlord has the right to move them at Tenant's Landlord. You can not store personal belongings on the front or
expense. back porches, stairwells, basement or any common area. You are not
allow to store car tires, car parts, mattress on the property. There is
2.5 TENANT EXAMINATION AND ACCEPTANCE no dumping allowed on the property. A violation fine of $50.00 per
OF PREMISES occurrence will be charged.
Tenant acknowledges that he has examined the leased premises 2.10 WINDOW/DOOR BLINDS
and his acceptance of this agreement is conclusive evidence that
said premises are in good and satisfactory order and repair unless All windows and door blinds are to be purchased and installed by
otherwise specified herein; and the Tenant agrees that no the ‘Tenant (except where e: xisting blinds are present). If existing
representations as to the condition of the premises have been made blinds are damaged by the Tenant, it is their expense to repair or
and that no agreement has been made to redecorate, repair or replace the window/door blinds.
improve the premises unless hereinafter set forth specifically in
writing. The Landlord will deliver the leased premises and all
common areas in a habitable condition, ursuant to applicable State 2.11 WALLS AND CEILINGS
law. Tenant takes premises in ils A condition. nant agrees
not to damage the premises through any act or omission, and to You are not allowed to install nails or screws on the walls or ceiling,
be responsible for any damages sustained through the acts or No stickers or decals or airbrushing of any kind not allowed on the
omissions of Tenant, Tenant's family or Tenant's invitees, licensees, walls, ceilings, trim, doors. Graffiti is not allowed on the building,
and/or guests. If such damages are incurred, Tenant is required to porch, staircase, hallways, in your unit.
pay for any resulting repairs at the same time and in addition to
the next month’s rent payment, with consequences for nonpayment 2.12 RESIDENT SAFETY AND PROPERTY LOSS
identical to those for nonpayment of rent described herein.
You and all occupants and guests must exercise due care for your
2.6 NON-SMOKING POLICY
own and others’ safety and securi , especially in the use of smoke
detectors, keyed deadbolt locks, keyless deadbolts, window latches,
The premises is a non-smoking environment. No Tenant, Other and other security or safety devices. You agree to make every effort
Occupant, or Guest shall smoki within the apartment or in the to abide by the rules and guidelines in this Lease Contact.
common areas of the building. Th fire safety hazard, clean-air Casualty Loss
environment i ue, and property destruction matter. Do not smoke
within 25 feet of any common entrance/exit door or walkway. We're not liable to any resident, guest, or occupant for personal
Violation of this policy will result in significant deductions from injury or damage or loss of personal property from any cause,
your security deposit at move-out. In addition this could lead to including but not limited to: fire, smoke, rain, flood, water and
non-renewal at the expiration of your lease term. pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake,
interruption of utilities, theft, or vandalism unless otherwise
required by law.
Smoke Detectors
The Unit is equipped with smoke and carbon monoxide detectors
3
in accordance with state or local government regulations. You must
immediately report smoke-detector malfunctions to us. Neither you Responsibilities
nor others may disable smoke detectors. You will be liable to others
and us for any loss, damage, or fines from fire, smoke, or water
if that condition arises from disabling or damaging the smoke 3.1 CONDITION OF PREMISES AND
detector or from your failure to replace a dead battery or report ALTERATIONS
malfunctions to us.
You accept the apartment, fixtures, and furniture as is, except for
Safety and Crime Free conditions materially affecting the health or safety of ordinary
persons. We disclaim all implied warranties. You shall maintain the
You or any guest or r ident under your control, should not engage premises in good, clean and tenantable condition throughout the
in any criminal activity in your unit or community tenancy. You agree not to alter, damage, or remove our property,
including alarm systems, smoke detectors, furniture, telephone and
In case of emergency, fire, accident, smoke or suspected criminal cable TY wiring, screens, locks, and security devices. You may not
activity, dial 911 or call emergency personnel. You should then paint or make any permanent alteration without our written
contact our representative. Unless otherwise provided by law, we're consent.
not liable to you or any guests or occupants for injury, damage,
or loss lo person or property caused by criminal conduct of other
persons, inchiding thefi, burglary, assault, vandalism, or other 3.2 REQUESTS, REPAIRS, MALFUNCTIONS
crimes.
You shall report any damage or problem immediately upon
discovery or you may be held responsible for the cost. Our
2.13 PARKING complying with or responding to any oral request regarding
security or nonsecurity matters doesn’t waive the strict requirement
You will park on the property at your own risk. We may regulate for written notices under this Lease Contract. You must promptly
the time, manner, and place of parking, cai trucks, motorcycles, notify us in writing of: water leaks; electrical problems;
bicycles, boats, trail s, and recreational vehicles by anyone. We malfunctioning lights; broken or missing locks or latches; and other
may have unauthorized or illegally parked vehicles towed under conditions that pose a hazard to the property, or your health, or
an appropriate statute. Vehicles are prohibited from parking on the safety. We will respond in accordance with state law and the Lease
premises if they are inoperable, have no current license, take up Contract to repair or remedy the situation, as necessary. We may
more than one parking space, are parked in a marked handicap turn off equipment and interrupt utilities as needed to avoid
pace without proper handicap insignia, block other vehicles from property damage or to perform work.
e ig, are parked in a space not dedicated to parking, including,
but not limited to, grass, sidewalks, patio, and fire lanes. If you have
a balance on your account anytime after the {0th of the month your 3.3 RIGHT OF ENTRY AND INSPECTIONS
parking permit can and may be revoked due to non payment of
rent. ‘We have the right to enter the premises at all reasonable hours, with
proper notice, for the purpose of inspection, responding to your
request, making repairs and/or preventative maintenance, pest
2.14 PETS ‘ontrol, showing to prospective residents, buyers, loan officers or
insurance agents, and for any emergenc’ tuations that may arise.
Pets (including mammals, reptiles, birds, fish, and insects) are
allowed only if we have so authorized in writing. You must remove
an illegal animal within 24 hours of notice from us, or you will 3.4 MOVE-OUT
be considered in default of this Lease Contract. We will authorize
a service animal for a disabled person. We may require a written You will give us a written notice with your intent to vacate 30
statement from a qualified professional, verifying the need for the (thirty) days prior to the date of expiration of the Lease Contract. In
service animal.
such notice, you will include your forwarding address.
Surrender, abandonment, and eviction ends your right of
If you or any guest or occupant violates animal restrictions (with po ion for all purposes and gives us the immediate right to:
or without your knowledge), you'll be subject to charges, damages, clean up, make repairs in, and relet the apartment; determine any
eviction, and other remedies provided in this Lease Contract. If an
animal has been in the apartment at any time during your term of security deposit deductions; and remove property left in the
occupancy (with or without our consent), we'll charge you for de- apartment. Surrender, abandonment, and eviction affect your rights
fleaing, deodorizing, and shampooing. to property left in the apartment. Surrender, abandonment, and
eviction do not affect our mitigation obligations.
By initialing below, you acknowledge and agree to the terms in Cleaning
Section 2.
You must thoroughly clean the unit, including doors, windows,
furniture, bathrooms, kitchen appliances, patios, balconies, garages,
carports, and storage rooms. If you don’t clean adequately, you'll be
x KSK liable for reasonable cleaning charges.
Kenneth Nesbit Charges
You'll be liable for the following charges, if applicable: unpaid rent;
unpaid utilities; unreimbursed service charges; repairs or other
damages, excluding ordinary wear and tear; replacement cost of our terms of this Lease Contract including but not limited to the
property that was in or attached to the apartment and is missing; following, violations: failure to pay rent or other amounts that you
unreturned key 3 missing or burned-out light bulbs; removing or owe when due; you or any guest or occupant violates the apartment
rekeying unauthorized security devices or alarm systems; agreed rules, or fire, safety, health, or criminal laws, or engages in
reletting charges; packing, removing, or storing, property removed dangerous behavior, regardless of whether or where arrest or
or stored; removing illegally parked vehicles; animal-related conv ion occu you abandon the apartment; you give incorrect
charges; government fees or fines against us for violation (by you, or false answers in rental application or you provide false or
your occupant, or guest) of local ordinances relating to smoke fraudulent documentation requested by us; you or any occupant
detectors, false alarms, recycling, or other matters; late-payment is arrested, convicted, or given deferred adjudication for a felony
and returned-check charges, plus attorney's fees, court costs, and offense; any illegal drugs or paraphernalia are found in your
filing fees actually paid; and other sums due under this Lease apartment; you or any guest or occupant engages in any prohibited
Contract. conduct; or you or any occupant, in bad faith, makes an invalid
complaint to an official or employee of a utility company or the
Deposit Refund government. If you are in default for any reason, we may file a
We'll mail to you at your last known address your security-deposit suit for Lease Contract termination after giving you fourteen (14)
days written notice of Lease Contract termination. Such notice will
refund (Jess lawful deductions) and an itemized accounting of any
state that your Lease Contract will terminate fourteen (14) days of
deductions no later than 30 (thirty) days after the Lease Contract
your receipt of the notice, unless the breach is remedied within the
termination and delivery of possession to us. fourteen (14) day period.
Holdover
By initialing below, you acknowledge and agree to the terms in
Section 3.
You or any occupant, invitee or guest must not hold over beyond
the date contained in your move-out notice to vacate (or beyond a
different move-out dated agreed to by the parti in writing). If a
x KSK holdover occurs, then we shall be entitled for damages for the hold-
over period plus any expen s incurred due to the breach of this
Kenneth Nesbit condition of the Lease Contract.
Other Remedies
Hf your rent is delinquent, you immediately forfeit all rights to
occupy the apartment any longer, and if you have not vacated the
4 unit by the date specified in the Lease Contract termination notice,
you are guilly of a misdemeanor. Hach day of your unlawful
presence in the apartment constitutes a separate offense. We may
General Clauses report unpaid amounts to credit agencies. Upon your default and
early move-out, you will pay us any amounts stated to be rental
discounts, in addition to other sums due. Upon your default, we
4.1 RELEASE FROM LEASE CONTRACT have all other legal remedies, including suit for Lease Contract
termination, possession, damages, rent, and all other monies due.
Unless you're entitled to terminate this Lease Coniract, you won't be We may turn any returned checks over to law enforcement officials
released from this |Lease Contract for any reason, inchiding,
but not for prosecution according to law.
limited to, voluntary or involuntary school withdrawal or transfer,
voluntary or involuntary job transfer, marriage, separation, divorce,
reconciliation, loss of co-residents, loss of employment, bad health, 4.3, CONTRACT TERMINATION AND DISPUTE
or death.
This Lease Contract may only be amended, waived, or terminated
Military Personnel Clause
by our representatives in writing, Any oral promises,
representations or agreements by our representatives shall not be
You may terminate the Lease Contract if you enlist or are drafted or considered legally binding. No action or omission of our
commissioned and on active duty in the Armed Forces of the United representative will be considered a waiver of any subsequent
States. You must give us written notice of termination, 30 (thirty) violation, default, or time or place of performance. Our not
days prior to the termination date. You must provide us proof that enforcing or belatedly enforcing written notice requirement, rental
you qualify for this limited exception. due dates, acceleration, liens, or other rights isn’t a waiver under
any circumstances.
Replacements and Subletting
Waiver of jury Trial
Replacing a resident, subletting, or assignment is allowed
exclusively with our written consent. To minimize legal expenses and, to the extent allowed by law, you
and we agree that a trial of any lawsuit based on statute common
If we approve a replacement resident, at our option, the law, and/or related to this Lease Contract shall be to a judge and not
replacement resident must sign this Lease Contract with or without a jury.
an increase in the total security deposit; or the remaining and
replacement residents must sign an entirely new Lease Contract. Force Majeure
We shall be excused from performance of obligations if we are
4.2 DEFAULT BY RESIDENT prevented from fulfilling such obligations by an act of God, strikes,
epidemics, war, acts of terrorism, riots, or other occurrence, which
You'll be in default if you or any guest or occupant violates any is beyond our control.
4.4 SALE OF PROPERTY
If we sell the property, we shall not have any further liability to you
under this lease for any event that happens after you receive written
or verbal notice that we have sold the property. In addition, if we sell
the property, any security deposit that you give us will be assigned
to the new owner of the property, and we shall not have any further
liability to return the security deposit to you
By initialing below, you acknowledge and agree to the terms in
Section 4.
Xx KSK
Kenneth Nesbit
209 Wolcott Realty, Lic
P.O. Box 4392 + Waterbury, CT 06704
(860) 224-6686
5
Sign and Accept
5.1 ACCEPTANCE OF LEASE
This is a legally binding document. By typing your name, you are
consenting to use electronic means to (i) sign this contract (ii) accept
lease agreement and addenda. You will receive a printed contract
for your records.
X Kenneth S Nesbitt
Lessee IP Address: 172.58.223.142
03/02/2021 11:40am PST
X Nihew Fowandex,
Lessor IP Address: 75.68.201.234
03/11/2021 04:11am PST
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RETURN DATE: APRIL 11, 2024 SUPERIOR COURT - HOUSING SESSION 209 WOLCOTT REALTY, LLC JUDICIAL DISTRICT OF WATERBURY VS. AT WATERBURY NESBIT, KENNETH, JANE DOE MARCH 22, 2024 AND JOHN DOE COMPLAINT FIRST COUNT-Nonpayment of rent 1 On or about November 1, 2020, the Plaintiff, as landlord, and the Defendant, Kenneth Nesbit, as tenant, entered into a written one-year lease agreement for premises located at 32 Farragut Street, Apt. 19, Waterbury, Connecticut at a rental of $900.00 per month. A copy of the lease is attached as Exhibit A. The Defendant, Kenneth Nesbit, agreed to accept the terms of the said written one year lease agreement and pay the monthly rent of $900.00, took possession of the premises and continues to occupy and remain in the premises. On October 31, 2021, the written lease terminated and converted to a written month to month lease agreement and the Defendant continues to occupy the premises under the oral month to month tenancy. LAW OFFICE OF EPH W. SANTA MARIA 6 PARK PLACE NEW BRITAIN, CONNECTICUT 06052 (@60) 225-8431 JURIS NO. 433729 The Defendant, Kenneth Nesbit, has failed to pay the rent due under the written month-to-month lease agreement on, March 1, 2024, and it remains unpaid to the date hereof. On March 14, 2024, the Plaintiff caused a Notice to Quit Possession to be served on the Defendant, Kenneth Nesbit to vacate the premises on or before March 20, 2024, as required by law. The Notice to Quit is attached to the Complaint as Exhibit B. Although the time given in the Notice to Quit Possession of the premises has passed, the Defendant, Kenneth Nesbit, continues in possession. SECOND COUNT - As to once had a right or privilege to occupy but said right or privilege has terminated as to John Doe and Jane Doe. On or about November 1, 2020, the Plaintiff, as landlord, and the Defendant, Kenneth Nesbit, as tenant, entered into a written one-year lease agreement for premises located at 32 Farragut Street, Apt. 19, Waterbury, Connecticut at a rental of $900.00 per month. A copy of the lease is attached as Exhibit A. The Defendant, Kenneth Nesbit, agreed to accept the terms of the said written one year lease agreement and pay the monthly rent of $900.00, took possession of the premises and continue to occupy and remain in the premises. LAW OFFICE OF EPH W. SANTA MARIA 6 PARK PLACE NEW BRITAIN, CONNECTICUT 06052 (860) 225-8431 JURIS NO. 433729 At some time, subsequent to November 1, 2020, Defendant Kenneth Nesbit, allowed the Defendants, Jane Doe and John Doe, to move into the subject premises. The Defendants, Jane Doe, and John Doe have never entered into a rental agreement with the Plaintiff, nor have they ever paid the Plaintiff any rent. The Defendants, Jane Doe and John Doe once had the right or privilege to occupy said premises but said right or privilege to occupy said premises has terminated. The Defendants, Jane Doe, and John Doe, still occupy the premises. On March 14, 2024, the Plaintiff caused a Notice to Quit Possession to be served on the Defendants, Jane Doe, and John Doe, to vacate the premises on or before March 20, 2024, as required by law. The Notice to Quit is attached to the Complaint as Exhibit C. Although the time given in the notice to quit possession of the premises has passed, the Defendants, Jane Doe, and John Doe, continue in possession. LAW OFFICE OF =PH W. SANTA MARIA. 6 PARK PLACE NEW BRITAIN, EONNECTICUT 06052 (@60) 225-8431 JURIS No. 433729 Plaintiff claims a judgment for immediate possession of the premises. PLAINTIFF 209 WOLCOTT REALTY, LLC loseph W. Santa Maria, It’s Attorney 6 Park Place New Britain, CT 06052 860-225-8431 Juris # 420390 LAW OFFICE OF EPH W. SANTA MARIA 6 PARK PLACE NEW BRITAIN, CONNECTICUT o60s2 (60) 225-8431 JURIS NO. 433729 209 Wolcott Reaity, Lic P.O. Box 4392 « Waterbury, CT 06704 (860) 224-6686 | 1.4 SECURITY DEPOSIT The total security deposit at the time of execution of this Lease Residency and Financials Contract for all residents in the apartment is due on or before the date this Lease Contract is signed. We will hold the security deposit for the term of the tenancy and, upon termination of the 1.1 PARTIES AND OCCUPANTS tenancy, reserve the right to use the security deposit, or portions thereof, to cover any charges related to your, performance of this This Lease Contract is between you, the undersigned resident(s) Lease Contract, including, but not limited to, cleaning, repair of damages, unpaid rent, late fees, and returned check fees. Kenneth Nesbit and us, the owner /agent 1.5 UTILITIES 209 Wolcott Realty, Lic We'll pay for the following utilities: You've agreed to rent the property located at Cold Water, Sewer Use, Trash Collection You'll pay for all other utilities, related deposits, and any charges, 209 WolcottSt - 32 Farragut 19 fees, or services on such utilities. We do not guarantee or warrant 26 & 32 Farragut St that there will be no interruption of utility service. You shall contact Waterbury, CT 06705 the utility service provider in the event of an interruption of service. If vour electricity is ever interrupted, you must use only battery- for uss a private residence only. The terms "you" and "your" refer operated lighting. to all residents listed above. The terms “we,” “us,” and "our" refer to the owner/agent listed 1.6 SMOKE DETECTORS; FIRE SPRINKLER The apartment will be occupied exclusively by the resident(s) listed SYSTEM. above. The Owner/Agent must approve unauthorized occupants living in the premises for longer than 7 consecutive days You will inspect all smoke detectors periodically, and will replace worn out balteries when needed. Prior to your move in all smoke detectors will be new and in working order. You will notify us 1.2 LEASE DURATION promptly if any smoke detector is not operating, and we will then replace it. Smoke detectors re not to be removed or taken down. The terms of this tenai shall commence on 11/01/2020 and end There is a violation fine of $25.00 per smoke battery if taken down on 10/31/2021, and ¢ eafter, shall be month-to-month on the by resident. same terms and conditions as stated herein, save any changes made pursuant to law, until terminated AS REQUIRED BY SECTION 57 OF PUBLIC ACT 15-5, WE HEREBY ADVISE YOU AS FOLLOWS (CHECK ONE) 1.3 RENTS AND CHARGES The dwelling does not have an operative fire sprinkler system. You shall pay $900.00 per month for rent. ‘The first month's rent ‘The dwelling has an operative fire sprinkler system and the last and /or prorated rent amount of shall be due prior to move-in. date of maintenance and inspection of that system was Every month thereafter, you must pay your rent on or before the ist day of each month with 4 days of grace period. The following late 1.7 INSURANCE fees will apply for payments made after the grace period We do not maintain insurance to cover your personal belongings Late fee rule: $75.00 Flat Fee ate Fee after the 9th of the month: or personal injury. You assume all liability for personal injury, 00 property damage or loss, and insurable risk. We urge you to get Daily late fee: $0.00 your own insurance for losses to your personal property or injuries Online payment non sufficient funds ee: $75.00 due to theft, fire, water damage, pipe leaks and the like. A charge of $25 will apply for ev y returned check or rejected Additionally, you are required to purchase personal. liability electronic payment plus the amount of any fees charged to the insurance. Failure to maintain personal liability insurance is an incurable breach of this Lease Contract and may result in the Owner/Agent by any financial institution as a result of the check termination of tenancy and eviction and/or any other remedies as not being honored, plus any applicable late fee charges. If you don't provided by this Lease Contract or state law. pay rent on time, you'll be delinquent and al! remedies under this Lease Contract will be authorized 1.6 KEYS AND LOCKS We may change the terms of this lease in accordance with epplicable Jawy, including rent increases and other modifications to the terms of You will be provided the following keys: the contract, Front door 2.2 CONTINUED COMMUNITY POLICIES OR All deadlocks, ke:s, window latches, doorknobs and any additional RULES device required by local government ordinance, will be in working, order when you move in No personal items will be stored inside or outside of any common area. You shall be liable for the entire cost all of key and lock replacements. You shall not change the locks or add a deadbolt lock No trash cans or trash bags will be left on the front or back without our written consent. porch areas. All keys must be returned to us when you vacate the unit. You will No hanging clothes or rugs or any items on the front or back be charged for the cost of new locks and keys thai are not returned. porches. No furniture or TY, or dressers or any bulk item that you need 1.9 CONTINUED KEY & LOCKS to dispose off will be left on the sidewalk or near the garbage cans. Please call the City of Hartford to schedule a pick up Each financially responsible ‘Tenant will be provided (1) key to their with them. It is the residents responsibility to remove any apartment unit and (i) entry key into the building (where trash or garbage that is larger than a regular household trash applicable) and (1) mailbox key (where applicable) can. “Note: Any property where the mailboxes are owned by the Postal No abandoned car or unregistered vehicle or car parts will be Service requires the Tenant to purchase their mailbox key from the local stored on our property. post office. 6. No gas or propane tanks will be stored near the property. All deadlocks, keys, window latches, doorknobs and any additional There is no throwing of any garbage or any items from your device required by local government ordinance, will be in working porch areas. Trash and garbage will be placed only in trash order when you move in. You shail be liable for the entire cost all can. of key and lock replacements. You shall not change the locks or add a deadbolt lock without our written consent. All keys must be If you have a pet, it is your responsibility to clean up after your returned to us when you vacate the unit. pet, dog feces left on the property attract rodents! You will be charged for the cost of new locks and keys that are % No excessive and disturbing noise allowed! not returned. A fee of $50.00 v Il be charged for the duplication of any lost keys or to aid in a lockout during Maintenance Hours of: 10. Do not prop the front main doors with any items, all residents 8am - 3pm, Monday - Friday. A fee of $100.00 will be charged to shouid have a key for access replace any damaged locks or to aid ina lockout situation outside of Maintenance Hours Failure to return keys ai move-out will result 11. Any items or personal property left anywhere in a common area in a $150.00 charge to cover the expense to change and/or rekey the will be considered as trash and will be disposed of. lock. 12. If you over use our electricity in your leased apartment, we will charge you a rip charge to reset your breaker. $50.00 per By initialing below, you acknowledge and agree to the terms in occurrence. Section 1 13, All hallways and stair wells are to be kept clean and free of debris. x KSK 14. No washer machine or dryer are allowed in your leased apartment unless you have written permission from the landlord. Kenneth Nesbit 15, Dumpster area is to be kept clean and no garbage bags will be allowed to be placed near or next to the dumpster. We are not responsible for your bulk debris or garbage. We do not remove mattress and they are not allowed in our dumpster. Please call you 2 local city to schedule a pick up. Removal of mattress is $50.00 each. 16. There is no loitering on our property, or common area, front and back porch/staircase. Policies and Procedures 17. There is smoking allowed in any common areas such as front or back porch/staircase. Or were there are signs that they NO 2.1 COMMUNITY POLICIES OR RULES Smoking. You and all guests and occupants must comply with any written 18. We are not responsible for appliances, such as refrigerators, community rules and policies, including instructions for care of stove, washer machines, dryer and AC Units. If you create a washer our property. Any rules are considered part of this Le Contract. machine backup in your unit and over-flood the unit you will be We may make reasonable changes to written rules, effective responsible for any damages and a $200 fine for water leaks plus any immediately, if d ributed and applicable to all units in the damages made to other units or the basement. If you cause a water community. leak going into another unit, you are responsible for all damages including materials and labor. Any persons not following the rules and regulations of our 2.7 OCCUPANCY AND USE property will be charged with a violation/Fine of $50.00-200 per occurrence. The premises are to be used only as a private residence for Tenant(s) and Other Occupant(s) listed as parties of thi Agreement. The NO EXCEPTIONS!! NO QUESTIONS!!! premises shall not be used for any purpose other than a private residence without the prior written consent of the Landlord. 2.3 PEST TREATMENT 2.8 USE OF PREMISES At times it may be necessary for Landlord to treat the entire building and individual units for pests. Tenant shall be provided The Premises shall be occupied by no more than person(s). The reasonable notice of said treatment. Tenant shall comply with all following are the name(s) of the permitted occupant(s): Names on reasonable requests from landlord including, but not limited to, the lease. Tenant shall use the Premises in a safe, sanitary and making the apartment available for treatment on the scheduled proper manner. No trade, business or other occupation shall be treatment day. Tenant's failure to do so will result in a fine of $200 carried on therein or thereon by Tenant. The Premises shall not be per Occurrence. If professional pest company finds that your unit sublet, or this Lease assigned, without the prior express written was the initial cause of a roach problem or bed bugs, you will be consent of Landlord. Landlord’s consent to one assignment or charged to exterminate your unit or more. You are to keep you unit subletting shall not be construed as a waiver by Landlord to any ina clean, sanitary condition at all times for the health and safety of subsequent assignment or subletting. The Premises shall not be your families. used or permitted to be used for any unlawful purposes, or for any purpose, which will disturb or annoy any other residents, or for any 2.4 TERRACES AND BALCONIES purpose, which will increase the hazard insurance premiums with respect to the Premisi Tenant shall not drive nails or screws into The Apartment may have a terrace or balcony. The terms of this or in any way affix pictures hangers or similar devices to the walls Lease apply to the terrace or balcony as if part of the Apartment. of the Premises without first obtaining the written permission of The Landlord may make special rules Landlord. for the terrace and balcony. Landlord will notify Tenant of such rules. Tenant must keep the terrace or balcony clean and free from snow, ice, leaves and garbage and keep all eens and drains in 2.9 STORAGE good repair. No cooking is allowed on the terrace or balcony. Tenant All personal items belonging to Tenant should be stored within his/ may not install a fence or any addition on the terrace or balcony. her apartment or in the basement when given written consent by If Tenant does, Landlord has the right to move them at Tenant's Landlord. You can not store personal belongings on the front or expense. back porches, stairwells, basement or any common area. You are not allow to store car tires, car parts, mattress on the property. There is 2.5 TENANT EXAMINATION AND ACCEPTANCE no dumping allowed on the property. A violation fine of $50.00 per OF PREMISES occurrence will be charged. Tenant acknowledges that he has examined the leased premises 2.10 WINDOW/DOOR BLINDS and his acceptance of this agreement is conclusive evidence that said premises are in good and satisfactory order and repair unless All windows and door blinds are to be purchased and installed by otherwise specified herein; and the Tenant agrees that no the ‘Tenant (except where e: xisting blinds are present). If existing representations as to the condition of the premises have been made blinds are damaged by the Tenant, it is their expense to repair or and that no agreement has been made to redecorate, repair or replace the window/door blinds. improve the premises unless hereinafter set forth specifically in writing. The Landlord will deliver the leased premises and all common areas in a habitable condition, ursuant to applicable State 2.11 WALLS AND CEILINGS law. Tenant takes premises in ils A condition. nant agrees not to damage the premises through any act or omission, and to You are not allowed to install nails or screws on the walls or ceiling, be responsible for any damages sustained through the acts or No stickers or decals or airbrushing of any kind not allowed on the omissions of Tenant, Tenant's family or Tenant's invitees, licensees, walls, ceilings, trim, doors. Graffiti is not allowed on the building, and/or guests. If such damages are incurred, Tenant is required to porch, staircase, hallways, in your unit. pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for nonpayment 2.12 RESIDENT SAFETY AND PROPERTY LOSS identical to those for nonpayment of rent described herein. You and all occupants and guests must exercise due care for your 2.6 NON-SMOKING POLICY own and others’ safety and securi , especially in the use of smoke detectors, keyed deadbolt locks, keyless deadbolts, window latches, The premises is a non-smoking environment. No Tenant, Other and other security or safety devices. You agree to make every effort Occupant, or Guest shall smoki within the apartment or in the to abide by the rules and guidelines in this Lease Contact. common areas of the building. Th fire safety hazard, clean-air Casualty Loss environment i ue, and property destruction matter. Do not smoke within 25 feet of any common entrance/exit door or walkway. We're not liable to any resident, guest, or occupant for personal Violation of this policy will result in significant deductions from injury or damage or loss of personal property from any cause, your security deposit at move-out. In addition this could lead to including but not limited to: fire, smoke, rain, flood, water and non-renewal at the expiration of your lease term. pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, or vandalism unless otherwise required by law. Smoke Detectors The Unit is equipped with smoke and carbon monoxide detectors 3 in accordance with state or local government regulations. You must immediately report smoke-detector malfunctions to us. Neither you Responsibilities nor others may disable smoke detectors. You will be liable to others and us for any loss, damage, or fines from fire, smoke, or water if that condition arises from disabling or damaging the smoke 3.1 CONDITION OF PREMISES AND detector or from your failure to replace a dead battery or report ALTERATIONS malfunctions to us. You accept the apartment, fixtures, and furniture as is, except for Safety and Crime Free conditions materially affecting the health or safety of ordinary persons. We disclaim all implied warranties. You shall maintain the You or any guest or r ident under your control, should not engage premises in good, clean and tenantable condition throughout the in any criminal activity in your unit or community tenancy. You agree not to alter, damage, or remove our property, including alarm systems, smoke detectors, furniture, telephone and In case of emergency, fire, accident, smoke or suspected criminal cable TY wiring, screens, locks, and security devices. You may not activity, dial 911 or call emergency personnel. You should then paint or make any permanent alteration without our written contact our representative. Unless otherwise provided by law, we're consent. not liable to you or any guests or occupants for injury, damage, or loss lo person or property caused by criminal conduct of other persons, inchiding thefi, burglary, assault, vandalism, or other 3.2 REQUESTS, REPAIRS, MALFUNCTIONS crimes. You shall report any damage or problem immediately upon discovery or you may be held responsible for the cost. Our 2.13 PARKING complying with or responding to any oral request regarding security or nonsecurity matters doesn’t waive the strict requirement You will park on the property at your own risk. We may regulate for written notices under this Lease Contract. You must promptly the time, manner, and place of parking, cai trucks, motorcycles, notify us in writing of: water leaks; electrical problems; bicycles, boats, trail s, and recreational vehicles by anyone. We malfunctioning lights; broken or missing locks or latches; and other may have unauthorized or illegally parked vehicles towed under conditions that pose a hazard to the property, or your health, or an appropriate statute. Vehicles are prohibited from parking on the safety. We will respond in accordance with state law and the Lease premises if they are inoperable, have no current license, take up Contract to repair or remedy the situation, as necessary. We may more than one parking space, are parked in a marked handicap turn off equipment and interrupt utilities as needed to avoid pace without proper handicap insignia, block other vehicles from property damage or to perform work. e ig, are parked in a space not dedicated to parking, including, but not limited to, grass, sidewalks, patio, and fire lanes. If you have a balance on your account anytime after the {0th of the month your 3.3 RIGHT OF ENTRY AND INSPECTIONS parking permit can and may be revoked due to non payment of rent. ‘We have the right to enter the premises at all reasonable hours, with proper notice, for the purpose of inspection, responding to your request, making repairs and/or preventative maintenance, pest 2.14 PETS ‘ontrol, showing to prospective residents, buyers, loan officers or insurance agents, and for any emergenc’ tuations that may arise. Pets (including mammals, reptiles, birds, fish, and insects) are allowed only if we have so authorized in writing. You must remove an illegal animal within 24 hours of notice from us, or you will 3.4 MOVE-OUT be considered in default of this Lease Contract. We will authorize a service animal for a disabled person. We may require a written You will give us a written notice with your intent to vacate 30 statement from a qualified professional, verifying the need for the (thirty) days prior to the date of expiration of the Lease Contract. In service animal. such notice, you will include your forwarding address. Surrender, abandonment, and eviction ends your right of If you or any guest or occupant violates animal restrictions (with po ion for all purposes and gives us the immediate right to: or without your knowledge), you'll be subject to charges, damages, clean up, make repairs in, and relet the apartment; determine any eviction, and other remedies provided in this Lease Contract. If an animal has been in the apartment at any time during your term of security deposit deductions; and remove property left in the occupancy (with or without our consent), we'll charge you for de- apartment. Surrender, abandonment, and eviction affect your rights fleaing, deodorizing, and shampooing. to property left in the apartment. Surrender, abandonment, and eviction do not affect our mitigation obligations. By initialing below, you acknowledge and agree to the terms in Cleaning Section 2. You must thoroughly clean the unit, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. If you don’t clean adequately, you'll be x KSK liable for reasonable cleaning charges. Kenneth Nesbit Charges You'll be liable for the following charges, if applicable: unpaid rent; unpaid utilities; unreimbursed service charges; repairs or other damages, excluding ordinary wear and tear; replacement cost of our terms of this Lease Contract including but not limited to the property that was in or attached to the apartment and is missing; following, violations: failure to pay rent or other amounts that you unreturned key 3 missing or burned-out light bulbs; removing or owe when due; you or any guest or occupant violates the apartment rekeying unauthorized security devices or alarm systems; agreed rules, or fire, safety, health, or criminal laws, or engages in reletting charges; packing, removing, or storing, property removed dangerous behavior, regardless of whether or where arrest or or stored; removing illegally parked vehicles; animal-related conv ion occu you abandon the apartment; you give incorrect charges; government fees or fines against us for violation (by you, or false answers in rental application or you provide false or your occupant, or guest) of local ordinances relating to smoke fraudulent documentation requested by us; you or any occupant detectors, false alarms, recycling, or other matters; late-payment is arrested, convicted, or given deferred adjudication for a felony and returned-check charges, plus attorney's fees, court costs, and offense; any illegal drugs or paraphernalia are found in your filing fees actually paid; and other sums due under this Lease apartment; you or any guest or occupant engages in any prohibited Contract. conduct; or you or any occupant, in bad faith, makes an invalid complaint to an official or employee of a utility company or the Deposit Refund government. If you are in default for any reason, we may file a We'll mail to you at your last known address your security-deposit suit for Lease Contract termination after giving you fourteen (14) days written notice of Lease Contract termination. Such notice will refund (Jess lawful deductions) and an itemized accounting of any state that your Lease Contract will terminate fourteen (14) days of deductions no later than 30 (thirty) days after the Lease Contract your receipt of the notice, unless the breach is remedied within the termination and delivery of possession to us. fourteen (14) day period. Holdover By initialing below, you acknowledge and agree to the terms in Section 3. You or any occupant, invitee or guest must not hold over beyond the date contained in your move-out notice to vacate (or beyond a different move-out dated agreed to by the parti in writing). If a x KSK holdover occurs, then we shall be entitled for damages for the hold- over period plus any expen s incurred due to the breach of this Kenneth Nesbit condition of the Lease Contract. Other Remedies Hf your rent is delinquent, you immediately forfeit all rights to occupy the apartment any longer, and if you have not vacated the 4 unit by the date specified in the Lease Contract termination notice, you are guilly of a misdemeanor. Hach day of your unlawful presence in the apartment constitutes a separate offense. We may General Clauses report unpaid amounts to credit agencies. Upon your default and early move-out, you will pay us any amounts stated to be rental discounts, in addition to other sums due. Upon your default, we 4.1 RELEASE FROM LEASE CONTRACT have all other legal remedies, including suit for Lease Contract termination, possession, damages, rent, and all other monies due. Unless you're entitled to terminate this Lease Coniract, you won't be We may turn any returned checks over to law enforcement officials released from this |Lease Contract for any reason, inchiding, but not for prosecution according to law. limited to, voluntary or involuntary school withdrawal or transfer, voluntary or involuntary job transfer, marriage, separation, divorce, reconciliation, loss of co-residents, loss of employment, bad health, 4.3, CONTRACT TERMINATION AND DISPUTE or death. This Lease Contract may only be amended, waived, or terminated Military Personnel Clause by our representatives in writing, Any oral promises, representations or agreements by our representatives shall not be You may terminate the Lease Contract if you enlist or are drafted or considered legally binding. No action or omission of our commissioned and on active duty in the Armed Forces of the United representative will be considered a waiver of any subsequent States. You must give us written notice of termination, 30 (thirty) violation, default, or time or place of performance. Our not days prior to the termination date. You must provide us proof that enforcing or belatedly enforcing written notice requirement, rental you qualify for this limited exception. due dates, acceleration, liens, or other rights isn’t a waiver under any circumstances. Replacements and Subletting Waiver of jury Trial Replacing a resident, subletting, or assignment is allowed exclusively with our written consent. To minimize legal expenses and, to the extent allowed by law, you and we agree that a trial of any lawsuit based on statute common If we approve a replacement resident, at our option, the law, and/or related to this Lease Contract shall be to a judge and not replacement resident must sign this Lease Contract with or without a jury. an increase in the total security deposit; or the remaining and replacement residents must sign an entirely new Lease Contract. Force Majeure We shall be excused from performance of obligations if we are 4.2 DEFAULT BY RESIDENT prevented from fulfilling such obligations by an act of God, strikes, epidemics, war, acts of terrorism, riots, or other occurrence, which You'll be in default if you or any guest or occupant violates any is beyond our control. 4.4 SALE OF PROPERTY If we sell the property, we shall not have any further liability to you under this lease for any event that happens after you receive written or verbal notice that we have sold the property. In addition, if we sell the property, any security deposit that you give us will be assigned to the new owner of the property, and we shall not have any further liability to return the security deposit to you By initialing below, you acknowledge and agree to the terms in Section 4. Xx KSK Kenneth Nesbit 209 Wolcott Realty, Lic P.O. Box 4392 + Waterbury, CT 06704 (860) 224-6686 5 Sign and Accept 5.1 ACCEPTANCE OF LEASE This is a legally binding document. By typing your name, you are consenting to use electronic means to (i) sign this contract (ii) accept lease agreement and addenda. You will receive a printed contract for your records. X Kenneth S Nesbitt Lessee IP Address: 172.58.223.142 03/02/2021 11:40am PST X Nihew Fowandex, Lessor IP Address: 75.68.201.234 03/11/2021 04:11am PST