1. LEASE AGREEMENT
This LEASE AGREEMENT is made by and between Dwight and Judy Dunning of
Cornwall, Vermont ("Landlords"), and Tracy Winter and Mark Doran, currently of Hilton Head
Island, South Carolina ("Tenants").
Landlords are the owners of a one-family residential house located at 43 Bordeau Road,
Cornwall, Vermont (the "premises" or the "property") which Tenants desire to lease.
Tenants understand that Landlords will be out of the country for the duration of the term
of the Lease and that Peter Demong of P.O. Box 70, Middlebury, Vermont (462-2268 or
pd@sover.net) is acting as Landlords’ agent in all matters regarding this Lease. Notice shall be
provided to Peter Demong in all matters concerning the terms and conditions of this Lease.
1. Lease. Landlords lease to Tenants the following described property: a one-family
residential house at 43 Bordeau Road, Cornwall, Vermont.
2. Term. The term of this Lease shall be from January 1, 2007 to July 31, 2007.
3. Rent. Tenants agree to pay the Landlords $1200 per month rent, payable
on the first of the month, and continuing monthly thereafter, for the term of the Lease. Tenants
shall make the check payable to the Dwight and Judy Dunning House Account and mail it to
Peter Demong at P. O Box 70 Middlebury, Vermont 05753.
4. Renewal Option. Landlords and Tenants agree that Landlords have an option to
offer to renew this Lease, on a month-to-month basis, on the same terms and conditions
contained herein, except that the Landlords may seek a reasonable rent increase. If Landlords
intend to exercise the option and do in fact offer to renew the Lease, they shall so notify Tenants
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2. in writing or email (which shall include any reasonable rent increase they may wish to seek) no
later than forty-five (45) days before the expiration of this Lease Agreement. If Tenants intend
to accept the option to renew, they shall notify Peter Demong in writing or email within fifteen
(15) days, but in any event, no later than thirty (30) days prior to the expiration date of this Lease
Agreement.
5. Holdover. If Tenants remain in possession of the leased premises after the
expiration date of this Lease Agreement, they shall be considered holdovers and a new month-to-
month tenancy shall be created and Tenants shall be subject to the obligations as set forth in this
Lease Agreement.
6. Use. Tenants agree to use the premises exclusively as a private residence for the
Tenants and their family.
7. Restrictions on Use.
a. Tenants shall not use the shop/barn north of the house.
b. Tenants shall not use the locked shed attached to the barn across the road
from the house.
c. Tenants shall have only one (1) dog.
d. Tenants shall have only two (2) indoor cats.
e. Tenants may install a satellite dish, but shall not damage the house or
property in its installation. Tenants shall remove the satellite dish prior to
the end of the Lease term and shall restore the house or property to its pre-
satellite dish condition.
f. The premises shall not be inhabited by more than the Tenants and their
family without Landlords' written/email consent.
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3. g. Tenants shall not leave the premises uninhabited for more than thirty days
without prior written/email notice to Landlords.
8. Maintenance. Tenants shall be responsible for all lawn and garden maintenance,
including, but not limited to, the following: mowing the lawn, trimming the bushes, maintaining
the flower gardens and generally keeping the lawn and garden in the same condition as on the
date of the beginning of this Lease term.
9. Minimum heat. Tenants shall at all times maintain sufficient heat within the
premises to keep the pipes from freezing. If there is damage to the premises as a result of a
breach of this specific term of the Lease, such damage shall be automatically deemed to be as a
result of the fault and/or negligence of the Tenants, and the cost of repair to such damage shall be
due and payable as additional rent under terms and conditions of the Lease when the next regular
monthly rental payment is due and payable.
10. Snow removal. Tenants shall be responsible for prompt removal of snow
accumulation from the driveway.
11. Household waste/trash removal/recycling. Tenants shall be responsible for
prompt removal of all household waste and/or trash. Trash cans shall be kept inside the garage
except on trash removal days. Tenants are advised that the Town of Cornwall has a mandatory
recycling program, and that Tenants shall comply with all the terms and conditions thereof.
12. Utilities and Services. Tenants shall be responsible for all costs of utilities and
services provided to the premises, including oil, electricity, telephone, water, trash/recycling
removal, lawn and garden maintenance, and house cleaning.
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4. 13. Oil Tank. Landlords shall fill the oil tank prior to the beginning of the Lease
term. Tenants shall be responsible for and shall have the oil tank filled immediately prior to the
end of the Lease term.
14. Repairs. Tenants shall promptly give notice to Peter Demong of any damage to
or on the premises, whether interior or exterior, ordinary or extraordinary, or structural or
nonstructural. Such obligation shall extend to pipes, heating and plumbing systems, window
glass, fixtures, woodwork, doors, floors, cupboards, windows and all other appurtenances. Such
notice shall be required whether or not the damage is caused by the neglect or fault of Tenants or
Tenants' agents, employees, guests, licensees, or invitees, or, is because of ordinary wear and
tear. Landlords, through their agent Peter Demong, shall promptly repair all damage to the
premises encompassed by the applicable warranty of habitability (see 9 V.S.A. Section 4457).
As to all other damage, Landlords, through their agent, Peter Demong, shall:
a. promptly advise Tenants whether Landlords deem the damage to be
occasioned by the fault or negligence of Tenants (or Tenants' agents, employees, guests,
licensees, or invitees) or the result of ordinary wear and tear; and,
b. promptly advise Tenants if Landlords are going to make repairs to the
damage.
If the damage is deemed by Landlords to be occasioned by the fault or negligence of
Tenants (or Tenants' agents, employees, guests, licensees or invitees) and Landlords elect to
make the repairs, the amounts expended by Landlords shall be treated as additional rent and shall
be due and payable under terms and conditions of the Lease when the next regular monthly rental
payment is due and payable.
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5. If Landlords elect not to make repairs to the damage, Tenants shall have the option of
making such repairs, at Tenants' own expense.
15. Entry and Inspection. Tenants shall permit Landlords or Landlords' agent, Peter
Demong, to enter the premises at reasonable times and upon reasonable notice for
the purpose of making necessary or convenient repairs.
16. Alterations. Tenants agree not to make any alterations or improvements to the
premises without Landlords' written/email permission, with the exception the
satellite dish permitted by Paragraph 7(e).
Any alterations and improvements made by Tenants after Landlords' written/email
permission shall be at the sole expense of Tenants, shall become property of the Landlords, and
shall be left behind in the premises at the end of the term of the Lease Agreement. Any
improvements or alterations to the premises made without consent of Landlords may be removed
by the Landlords, and the premises may be restored to their original state, all at the expense of
the Tenants. In such case, the amounts expended by the Landlords shall be treated as additional
rent and shall be due and payable under terms and conditions of the Lease when the next regular
monthly rental payment is due and payable.
17. No assignment or sublease. Tenants shall not assign this Lease, nor sublet all or
any part of the premises.
18. Tenants' additional obligations. Tenants shall keep the grounds surrounding the
premises, as well as the premises themselves, neat and clean.
19. Security deposit. A security deposit of $1200 shall be required under this Lease
Agreement. Such security deposit is due and payable upon the execution of this Lease
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6. Agreement. At the end of the Lease term, the entire security deposit shall be returned to the
Tenants, except that Landlords shall retain all or a portion of the security deposit for:
a. nonpayment of rent;
b. damage to property of the Landlords not already repaired in paragraph 14
above, unless the damage is the result of normal wear and tear or the result of actions or events
beyond the control of the Tenants;
c. nonpayment of utility or other charges which Tenants were required to pay
directly to Landlords or to a utility;
d. expenses required to remove from the premises articles abandoned by the
Tenants; and
e. any other damage as a result of a breach of any other term of this Lease
Agreement.
20. Insurance. While the Landlords are carrying homeowners' insurance, it is
explicitly understood that said insurance does not cover Tenants' possessions. Tenants shall be
solely responsible for obtaining insurance to cover their personal possessions.
21. Lead-based paint. Based on 42 USC §4852d, this also constitutes formal notice
that Landlords notified Tenants that said leased premises were built prior to 1978 and may
therefore have lead paint, although Landlords have no specific knowledge that such is the case.
A federal form regarding lead-based paint is attached hereto as required by law.
22. Parties upon whom binding. This Lease Agreement is binding upon Landlords
and Tenants and their respective heirs, distributees, executors, administrators, successors and
lawful assigns.
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7. 23. Surrender. At the expiration of the Lease term, Tenants shall surrender the
premises in as good condition as it was at the beginning of the term, reasonable use and wear and
tear and damages by the elements excepted.
24. Cleaning of the Premises. Immediately prior to surrendering the premises,
Tenants shall have the premises professionally cleaned at Tenants' sole expense. Such cleaning
shall be done to Landlords' satisfaction.
25. Severability. If any provision of this Lease shall be declared invalid or
unenforceable, the remainder of the Lease Agreement shall continue in full force and effect.
26. Notice. Any notice, approval, consent, or other communication which Landlords
or Tenants are required or permitted to give to the other (except for notices occasioned by the
need to address damage to pipes, plumbing and heating systems, electrical systems, and any
damage of a like "emergency" nature) shall be in writing and mailed to such party at the address
specified at the beginning of this Lease, to the Leased Premises if such communication is to
Tenants, or to such other address that either party has designated by notice to the other. Such
notice shall be deemed mailed when it is deposited in the U.S. Mail, postage prepaid. Notice
may also be made by email.
27. Default. If Tenants fail to pay their rent, or any part thereof when it becomes
due, or to comply with any other terms or conditions of this Lease, it is agreed that Landlords
may sue for the rent, or re-enter said premises, or resort to any available legal remedy.
26. Attorney's Fees. If Landlords incur any expenses related to the enforcement of
the terms or conditions of this Lease Agreement, they shall be entitled to all costs incurred,
including reasonable attorney's fees.
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8. IN WITNESS WHEREOF, the parties hereto have set their hands this ____ day of
___________ 2006.
_________________________________________
Judy Dunning, Landlord by her agent Peter Demong
_________________________________________
Dwight Dunning, Landlord, by his agent Peter Demong
_________________________________________
Tracy Winters, Tenant
_________________________________________
Mark Doran, Tenant
Disclosure of Information on Lead-Based Paint
and/or Lead-Based Paint Hazards
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and
dust can pose health hazards if not taken care of properly. Lead exposure is especially
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9. harmful to young children and pregnant women. Before renting pre-1978 housing,
landlords must disclose the presence of known lead-based paint and lead-based paint
hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead
poisoning prevention.
Lessors' Disclosure (By their agent Peter Demong)
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii)
below):
(i) ___ Known lead-based paint and/or lead-based paint hazards are present in
the
housing (explain).
_____________________________________________________________________________.
(ii) ___ Lessors have no knowledge of lead-based paint and/or lead-based paint
hazards in the housing.
(b) Records and reports available to the lessor (check (i) or (ii) below):
(i) ___ Lessors have provided the lessee with all available records and reports
pertaining to lead-based paint and/or lead-based paint hazards in the housing (list
documents below).
_______________________________________________________________________.
(ii) ___ Lessors have no reports or records pertaining to lead-based paint and/or
lead-based paint hazards in the housing.
Lessees' Acknowledgment (initial)
(c) ___ Lessees have received copies of all information listed above.
(d) ___ Lessees will receive on August 15, 1998 the pamphlet Protect Your Family from
Lead in Your Home.
(e) ___ Lessees have (check (i) or (ii) below):
(i) ___ received a 10-day opportunity (or mutually agreed upon period) to
conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-
based paint hazards; or
(ii) ___ waived the opportunity to conduct a risk assessment or inspection for the
presence of lead-based paint and/or lead-based paint hazards.
Certification of Accuracy
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10. The following parties have reviewed the information above and certify, to the best of
their knowledge, that the information they have provided is true and accurate.
________________________ ________ _______________________ ________
Lessor Date Lessor Date
________________________ ________ _______________________ ________
Lessee Date Lessee Date
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