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One Year Lease
Please be sure to fill out, initial or sign all the pertinent information.
For your convenience, we have made all these "fill out" areas
red.
THIS AGREEMENT, (this "Lease")
made this
,
is among Wade Properties, LLC ("Landlord"),
and
("Tenant").
Landlord leases to Tenant, and Tenant rents from Landlord, property
located at Apt.
Bldg.
,
in Cullowhee, NC 28723 or
Sylva, NC 28779
("the Premises") upon the following conditions:
1. TERM. This Lease's term shall be for a period of twelve months
(12) months, beginning no later than
,
, and ending no later than
,
at 11:59 p.m. This agreement is cancelable by either party with
sixty (60) days written notice, after twelve (12) months of the
term.
The minimum term under this agreement will be twelve (12) months.
If the Term of the agreement expires and no new Agreement has been
made, and Tenant continues to reside in the Premises, and no written
notification of cancelation has been given by either Landlord or
Tenant, this contract will automatically extend until one of the
following conditions occurs:
a. A new Agreement has been put into effect; or
b. 60 Day written notification of termination has been given by
either party.
2. POSSESSION: If delivery or possession to Tenant is delayed,
rent shall abate for up to seven days; thereafter, Tenant may void
this Lease and any deposit will be returned.
3. RENT: Tenant
shall pay, in advance, without notice, demand, or deduction, to
Landlord, or as Landlord directs, a monthly rental of
for the term
of this Lease, ON THE
FIRST DAY OF EACH MONTH in bank check, money order, or personal
check. NO cash is accepted.
At the Landlord's request, rent shall be paid in one check for
the total amount by the tenant designated by the Landlord. At the
Landlord's request, rent shall be paid only by money order or bank
check. Rent due for the second month will be adjusted, if necessary,
for occupancy during only a part of the initial calendar month
of the term. A similar adjustment will be made for rent due on
the last calendar month of the term.
4. LATE CHARGE. Time
is of the essence in the Lease; if late rent is accepted, a late
charge of $50.00 is due as additional rent. The
Late Charge will apply to any rent received after the first day
of the month in which due..
A fee of $75 will be charged for any checks that are returned
by the bank unpaid. If a check is returned by the bank for insufficient
funds, all future payments by said Tenant have to be in the form
of money order or bank check. No cash is accepted.
5. SECURITY DEPOSIT.
Landlord acknowledges receipt of
$500 (1 BR ) or $750 (2 BR)
, "the
Deposit," as
security for fulfillment of Resident's obligations. Any and all
interest that accrues shall be paid to the Landlord from such
account at times that are permissible by the type of account
held. The Security Deposit shall be refunded to Tenant upon satisfactory
completion of the rental period.
The Deposit will not be applied
as the last month's rent, but will be refunded within 30 days after
satisfactory upon inspections of and acceptance of vacated premises
by Landlord. Upon any termination of the tenancy herein created,
the Landlord may deduct from the Tenant Security Deposit amounts
sufficient to pay: (1) any damages sustained by the Landlord as
a result of the Resident's nonpayment of rent or non-fulfillment
of the Initial Term of any renewal periods, including Resident's
failure to enter into possession; (2) any damages to the Premises
for which the Tenant is responsible by Tenant or Guest(s), other
than normal wear and tear of occupancy, will be repaired by Landlord,
and the amount of damage withheld from the refund of Deposit.;
(3) any unpaid bills which become a lien against the Premises due
to the Resident's occupancy; (4) any costs of re-renting the Premises
after a breach of this lease by the Tenant; (5) any court costs
incurred by the Landlord in connection with terminating the tenancy;
and (6) any other damages of the Landlord which may then be a permitted
expense of the Tenant Security Deposit under the laws of this State.
After having deducted the above amounts, the Landlord shall, if
the Resident's address is known to him, refund to the Tenant, within
sixty (60) days after the termination of the tenancy and delivery
of possession, the balance of the Tenant Security Deposit along
with an itemized statement of any deductions. If the Resident's
address is unknown to the Landlord, the Landlord may deduct the
above amounts and shall then hold the balance of the Tenant Security
Deposit for the Resident's collection for a six-month period beginning
upon
the termination of the tenancy and delivery of possession by the
Tenant. If Tenant fails to make demand for the balance of the Tenant
Security Deposit within the six-month period, the Landlord shall
not thereafter be liable to the Tenant for a refund of the Tenant
Security Deposit or any part thereof.
The Deposit, in whole or in part, may be applied in satisfaction
of Resident's obligation, but such application will not preclude
Landlord from claiming damages in excess of the Deposit. Early
termination of lease will default return of Deposit.
6. SUBLET. Tenant may not assign this Lease or sub-let the Premises,
in whole or in part, to any party, nor may the Tenant install family
members or persons to live in the Premises, without Landlord's
written consent.
7. USE & OBLIGATION
OF TENANT:
a. The Premises may be used only for lawful and residential purposes
and in a manner so as not to disturb the other Residents; (b) The
Tenant shall not use the Premises for any unlawful or immoral purposes
or occupy them in such a way as to constitute a nuisance; (c) The
Tenant shall keep the Premises, including, but not limited to all
plumbing fixtures, facilities and appliances, in a clean and safe
condition; (d) The Tenant shall cause no unsafe or unsanitary condition
in the common areas and remainder of the Premises used by him';
(e) The Premises may be occupied only by Tenant and temporary
guest. No Guest(s) may reside in Premises for more than ten days
without Landlord's express written consent; (f) The Tenant shall
comply with any and all obligations imposed upon tenants by applicable
building and housing codes; (g) The Tenant shall dispose of all
ashes, rubbish, garbage, and other waste in a clean and safe manner
and comply with all applicable ordinances concerning garbage collection,
waste, and other refuse;
(h) The Tenant shall use in a proper and reasonable manner all
electrical, plumbing, sanitary,
Heating, ventilating, air conditioning, and other facilities and
appliances, if any, furnished as part of the Premises, and when
leaving for holidays will leave the heat on and thermostat set
at at least 60 degrees Fahrenheit in winter, and in case of air
conditioning, 85 degrees Fahrenheit in summer;
(9) The Tenant shall not deliberately or negligently destroy,
deface, or damage or remove any part of the Premises (including
all facilities, appliances and fixtures) or permit any person,
known or unknown to the Tenant, to do so; (i) The Tenant shall
be responsible for and liable to the Landlord for all damage to,
defacement of, or removal of property from the Premises whatever
the cause, except such damage, defacement or removal caused by
ordinary wear and tear, acts of the Landlord, his agent, or of
third parties not invitees of the Tenant, and natural forces; (j)
The Tenant shall permit the Landlord (and the Landlord hereby reserves
the right to) enter the Premises during reasonable hours for the
purpose of
(1). inspecting the Premises and the Resident's compliance with
the terms of this lease;
(2). making such repairs, alterations, improvements, or additions
thereto as the Landlord may deem appropriate;
(3). showing the Premises to prospective
purchasers or tenants. (The Landlord shall have the right to
display "For Sale" or "For
Rent" signs in a reasonable manner upon the Premises).
(k) The Tenant shall pay the costs of all utility services to
the Premises which are billed directly to the Tenant and not included
as part of the rentals, including, but not limited to, water, electric,
telephone, and gas services;
(l) The Tenant shall conduct himself and require all other persons
on the Premises with his consent to conduct themselves in a reasonable
manner and so as not to disturb other tenants' peaceful enjoyment
of the Premises; and (m) The Tenant shall not abandon or vacate
the Premises during the Initial Term or any renewals or extensions
thereof. Tenant shall be deemed to have abandoned or vacated Premises
if Tenant removes substantially all of his possessions from the
Premises.
8. CASUALTY. If the Premises become uninhabitable by fire or other
casualty not Resident's fault, this lease shall terminate.
9. ENTRY. Landlord may enter to inspect or repair the Premises
at reasonable times after reasonable notice, or at any time without
notice in the case of emergency. Tenant will permit reasonable
entry to pest control and termite service personnel. During the
last 90 days of occupancy by Tenant, Landlord may show Premises
upon best effort to give reasonable notice to Tenant, install a
lockbox, and sign in the yard.
Landlord shall indemnify and hold Tenant harmless from the negligence
or criminal acts of Landlord's agents, servants, and assigns.
10. UTILITIES. The Landlord will provide Pest Control, Termite
services, Water, Sewer, and Garbage and Recycling (where available)
pickup, and Yard Maintenance. High speed internet and/or Cable
TV are included in the rent for some properties; please see property
page for details. Electric connection is provided by Landlord,
but usage is for account of resident.
(a) Electric service will be discontinued
if rent is not paid.
(b) Tenant will be expected to exercise discretion and moderation
in his utilization of these services, and not to leave water dripping
or running, or on extreme settings. If the Premises are served
by a well, Tenant must exercise care so as not to overuse the well
or the pump. Tenant or his Guests may not flush tampons or other
items into the septic system. All repairs to unstop toilets and
drains will be for the account of the Tenant. Failure to pay rent
within 10 days of written demand will result in electric service
termination.
(c) 60 Channels of Family Cable TV and
High Speed Cable Internet are provided by the Landlord. Tenant
shall not install any external satellite dish or antenna that
requires wiring or mounting on the roof or outside of building.
11. MAINTENANCE.
a. Tenant may not alter, paint, or remodel the Premises or remove
fixtures, including light bulbs, or other property except items
removed or added with Landlord's written consent. All alterations,
additions, and improvements upon the Premises, made by either the
Tenant or the Landlord, shall become property of the Landlord and
shall remain upon and become a part of the Premises at the end
of the tenancy hereby created.
b. Tenant shall maintain and surrender upon this Lease's termination
the Premises in as good a condition as on the date of occupancy,
ordinary wear and tear excepted, and shall keep the Premises in
clean and orderly condition.
c. Tenant may not alter or install locks except as approved by
Landlord, and all keys shall be returned upon Resident's vacation
of the Premises. Tenant may install alarm system in the Premises
upon prior approval in advance from Landlord.
d. Tenant must remove garbage from Premises on a daily basis,
and place it in the proper outside collection containers furnished
by Landlord. Special precaution must be taken to prevent aggravating
conditions that would increase the chance or rodent or pest invasion.
12. REPAIRS. Tenant acknowledges that he has inspected the Premises
and accepts the condition as is. Landlord will make necessary repairs
to the Premises with reasonable promptness after receipt of written
notice from Tenant for major deficiencies which create unsafe or
untenable conditions. Major repairs include plumbing infrastructure
repairs, heating, cooling, built-in appliances, roof, or structural
defect. Tenant shall make or cause to be made all incidental repairs
other than above, including, but not limited to plumbing clogs.
If any damage beyond normal wear and tear is caused by Tenant
or his Guest(s), Tenant agrees to pay the cost of repair with the
next rental payment.
13. RESIDENT'S PROPERTY. Unless negligent, Landlord shall not
be liable for damage to Resident's property. For Resident's protection,
he should obtain a commercial Renters Insurance policy.
14. INDEMNITY. Tenant releases Landlord from and will indemnify
Landlord against losses sustained due to:
a) Resident's breach hereof; b) injuries and damages to Resident's
Guests or their property not caused or attributable to Landlord,
his agents, servants, or assigns' negligence; c) Resident's unlawful
activities; and d) any charge against the Premises caused by Tenant.
15. HOMESTEAD. Tenant, for self and family, waives all homestead
and exemptions.
16. ABANDONMENT. Tenant shall not abandon the Premises prior to
the termination of the Lease. Resident's property left on the Premises
after the end of Resident's occupancy will be deemed abandoned.
17. ENFORCEMENT EXPENSES. Enforcement of this Lease shall entitle the enforcing
party to Collection Agency Fees, litigation costs and reasonable attorney fees.
18. ENTIRE AGREEMENT. This is the entire agreement between the
parties.
19. SPECIAL STIPULATIONS. These provisions shall control the foregoing:
a. The Security Deposit is due upon execution of this Lease. The
first month's rent is due upon delivery of the Premises to the
Tenant.
b. VEHICLES. Non-operative vehicles are not permitted on the Premises
or on the street. Any such non-operative vehicle may be removed
by Landlord at the expense of Tenant owning the same, for storage
or public or private sale, at Landlord's option, and Tenant owning
the same shall have no right or recourse against Landlord thereafter.
1). Parking. Tenant and any guests shall park in such as way as
to enable other Tenants also to access parking.
2) Repairs. No repairs may be made to any vehicle on the street
or to Premises. If such repair or maintenance should be necessary,
permission must be asked of Landlord prior to undertaking the same.
c. PETS.
1. I understand there shall be NO
PETS,
other than a contained house pet, such as a bird-in-cage, or fish.
IF PERMISSION HAS NOT BEEN GIVEN BY THE LANDLORD IN WRITING,
AND A PET IS ACQUIRED, THE VIOLATION SHALL BE CAUSE FOR IMMEDIATE
EVICTION.
2. We welcome
your pet, and ask you to be a responsible pet-parent. IF you
have LANDLORD's WRITTEN PERMISSION to have a DOG or CAT in
your apartment, the following applies TO YOU. INITIAL
the 4 boxes to indicate you understand and will comply with
the rules in the next paragraph governing this privilege.
My
,
has been permitted, and $100 non-refundable
deposit per cat, $250 per dog must be paid with the lease deposit.
In addition, there is a monthly DOG- Privilege PREMIUM of $15.
CAT RULES:
- Cat is to be kept INDOORS ONLY
- Litterbox must be cleaned daily and changed weekly.
- Litter is to be disposed of in a properly sealed bag in
the garbage, NOT IN THE SEWER SYSTEM. No spills are permitted
in garbage container.
- Cat is to be well-cared for at all times, and apartment
must be kept free of hair and odor.
- Cat vaccinations and flea treatment are to be kept current,
and veterinarian contact information furnished.
DOG RULES:
- I understand a DOG Privilege Premium of $15/month applies,
to a permitted dog.
- Dog is to be kept on a leash or lead at all times when outside.
- Dog must not bark to disturb neighbors.
- Dog must not be aggressive.
- Dog must be walked several times per day, and droppings
must be placed in plastic bag and properly sealed in a garbage
bag in the refuse container. No spills will be permitted.
- Tenant will be held responsible for any and all damage,
including but not limited to cost of replacing all the carpet.
- Dog vaccinations and flea treatment are to be kept current,
and veterinarian contact information furnished
PET VIOLATION: I understand Violation of
any of these stipulations will result in immediate eviction and
forfeiture of ANY AND ALL deposits paid.
d. NOISE. No loud noise or entertainment of loud guests will be
permitted. Violation of this stipulation can result in eviction
from the Premises, at Landlord's discretion. NO LOUD MUSIC. No
music is to be heard or sensed outside the apartment walls.
e. QUIET
HOURS are between 10:00 p.m. and 7:00 a.m. Any parties
held by Tenant should be ended by 10:00 p.m. weekdays, and 11:59
p.m. Friday and Saturday.
f.
NO SMOKING in the Premises. If there is smoking inside the
Premises, Tenant will have to pay a cleaning charge for walls,
ceilings, and carpets, of at least $250 at the end of the lease.
For any smoking outside, cigarette butts, wrappers, and matches
should be properly disposed of in sealed bags in the garbage containers,
and not discarded on the ground. Failure to observe this rule will
result in fines.
g. WALLS. No nails, screws, or adhesive hangers except standard
picture hooks, shade brackets and curtain rod brackets may be placed
in walls, woodwork, or part of the house, unless these are repaired
to the same condition as when the Premises are delivered to the
Tenant, at Resident's sole expense.
h. RENTAL
APPLICATION: In the event the Tenant has submitted a
Rental Application with this lease, Tenant acknowledges that the
Landlord has relied upon the Application as an inducement for entering
into this Lease and Tenant warrants to Landlord that the facts
stated in the Application are true to the best of Resident's knowledge.
If any facts stated in the Rental Application prove to be untrue,
the Landlord shall have the right to terminate the tenancy and
to collect from the Tenant any damages resulting therefrom.
20. GOOD TITLE. Landlord warrants that she has good title to the
Premises and that this lease does not violate the terms of any
mortgage thereon.
21. QUIET ENJOYMENT. While Tenant is not in default hereunder,
the Landlord warrants that Tenant shall have the quiet and uninterrupted
enjoyment of the Premises.
22. SPECIAL PROVISIONS: The inserted provisions numbered 14-31
are an integral part of this Lease.
Tenant’s Duties Upon Termination: Upon any termination of
the Tenancy created hereby, whether by the Landlord or the Tenant
and whether for breach or otherwise, the Tenant shall: (1) pay
all utility bills due for services to the Premises for which he
is responsible and have all such utility services discontinued;
(2) vacate the Premises removing therefrom all Tenant’s personal
property of whatever nature; (3) properly sweep and clean the Premises,
including plumbing fixtures, refrigerators, stoves and sinks, removing
therefrom all rubbish, trash, garbage and refuse; (4) make such
repairs and perform such other acts as are necessary to return
the Premises, and any appliances or fixtures furnished in connection
therewith, in the same condition as when Tenant took possession
of the Premises; provided, however, Tenant shall not be responsible
for ordinary wear and tear or for repairs required by law or by
paragraph 7 above to be performed by Landlord; (5) fasten and lock
all doors and windows; (6) return to the Landlord all keys to the
Premises; and (7) notify the Landlord of the address to which the
balance of the Security Deposit may be returned. If the Tenant
fails to sweep out and clean the Premises, appliances and fixtures
as herein provided, Tenant shall become liable, without notice
or demand, to the Landlord for a cleaning fee, Such fee shall:
(1) reflect the actual costs of cleaning (over and above ordinary
wear and tear) (ii) be deducted from the Security Deposit as proved
in paragraph 5 above.
Tenant’s
Default: In the event of the Tenant shall:
fail to pay
the rentals herein reserved as and when they shall become due hereunder;
or
fail to perform any other promise, duty or obligation
herein agreed to by him or imposed upon him by law and such failure
shall continue for a period of five(5) days from the date the Landlord
provides Tenant with written notice of such failure.
then in either of such events and as often
as either of them may occur, the Landlord, in addition to all
other rights and remedies provided by law, may, as its option
and with or without notice to Tenant, either (i) terminate this
lease or (ii) terminate the Tenant’s right to possession of the Premises without terminating
this lease. Regardless of whether Landlord terminates this lease
or only terminates the Tenant’s right of possession without
terminating this lease, Landlord shall be immediately entitled
to possession of the Premises and the Tenant shall peacefully surrender
possession of the Premises to Landlord immediately upon Landlord’s
demand. In the event Tenant shall fail or refuse to surrender possession
of the Premises, Landlord shall, in compliance with Article 2A
of Chapter 42 of the General Statutes of North Carolina, reenter
and retake possession of the Premises only through a summary ejectment
proceeding. In the event Landlord terminates this lease, all further
rights and duties hereunder shall terminate and Landlord shall
be entitled to collect from Tenant all accrued but unpaid rents
and any damages resulting from the Tenant’s breach. In the
event Landlord terminates the Tenant’s right of possession
without terminating this lease, Tenant shall remain liable for
the full performance of all the covenants hereof, and Landlord
shall use reasonable efforts to re-let the Premises on the Tenant’s
behalf. Any such rentals reserved from such re-letting shall be
applied first to the costs of re-letting the Premises and then
to the rentals due hereunder. In the event the rentals from such
re-letting are insufficient to pay the rentals due hereunder in
full, Tenant shall be liable to the Landlord for any deficiency.
In the event Landlord institutes a legal action against the Tenant
to enforce the lease or to recover any sums due hereunder, Tenant
agrees to pay Landlord reasonable attorney’s fees in addition
to all other damages. Note: No fees may b deducted from the Tenant
security Deposit until the termination of the tenancy. Thereafter,
any fees due the Agent from the Landlord may be deducted from any
portion of the Security Deposit due to the Landlord.
Landlord’s Default, Limitation of Remedies and Damages:
Until the Tenant notifies the Landlord in writing of an alleged
default and affords the Landlord a reasonable time within which
to cure, no default by the Landlord in the performance of any of
the promises or obligations herein agreed to by him or imposed
upon him by law shall constitute a material breach of this lease
and the Tenant shall have no right to terminate this lease for
any such default or suspend him performance hereunder. In no event
and regardless of their duration shall any defective condition
of or failure to repair, maintain, or provide any area, fixture
or facility used in connection with recreation activities, including
but not limited to swimming pools, club houses, and tennis courts,
constitute a material breach of this lease and the Tenant shall
have no right to terminate this lease or to suspend his performance
hereunder. In any legal action instituted by the Tenant against
the Landlord, the Tenant’s damages shall be limited to the
difference, if any, between the rent reserved in this lease and
the reasonable rental value of the Premises, taking into account
the Landlord’s breach or breaches, and in no event, except
in the case of the Landlord’s willful or wanton negligence,
shall the Tenant collect any consequential or secondary damages
resulting from the breach or breaches, including but not limited
to the following items: damage or destruction of furniture or other
personal property of any kind located in or about the Premises,
moving expenses, storage expenses, alternative interim housing
expenses and expenses of locating and procuring alternative housing.
Removal, Storage and disposition of Tenant’s
Personal Property:
a. Ten days after being placed in lawful
possession by execution of writ of possession, the Landlord
may throw away, dispose of, or sell all items of personal property
remaining on the Premises. During the 10-day period after being
placed in lawful possession by execution of a writ of possession,
the Landlord may move for storage purposes, but shall not throw
away, dispose of, or sell any items of personal property remaining
on the Premises unless otherwise provided for in Chapter 42
of the North Carolina General Statutes. Upon the Tenant’s request prior to the expiration
of the 10-day period, the Landlord shall release possession of
the property to the Tenant during regular business hours or at
time agreed upon. If the Landlord elects to sell the property at
public or private sale, the Landlord shall give written notice
to the Tenant by first-class mail to the Tenant’s last known
address at least seven days prior to the day of the sale. The seven-day
notice of sale may run concurrently with the 10-day period which
allows the Tenant to request possession of the property. The written
notice shall state the date, time, and place of the sale, and that
any surplus of proceeds from the sale, after payment of unpaid
rents, damages, storage fees, and sale costs, shall be disbursed
to the Tenant, upon request, within 10 days after the sale, and
will thereafter be delivered to the government of the county in
which the rental property is located. Upon the Tenant’s
request prior to the day of the sale, the Landlord shall release
possession of the property to the Tenant during regular business
hours or at a time agreed upon. The Landlord may apply the proceeds
of the sale to the unpaid rents, damages, storage fees, and sale
costs. Any surplus from the sale shall be disbursed to the Tenant,
upon request, within 10 days of the sale and shall thereafter
be delivered to the government of the county in which the rental
property is located.
b. If the total value of all property
remaining on the Premises at the time of execution of a writ
of possession in an action for summary ejectment is less
than one hundred dollars ($100.00), then the property shall be
deemed abandoned five days after the time of execution, and the
Landlord may throw away or dispose of the property. Upon the
Tenant’s
request prior to the expiration of the five-day period, the
Landlord shall release possession of the property to the Tenant
during regular business hours or at a time agreed upon.
Bankruptcy: If any bankruptcy or insolvency
proceedings are filed by or against the Tenant of if the Tenant
makes any assignment for the benefit of creditors, the Landlord
may, at his option, immediately terminate this Tenancy, and reenter
and repossess the Premises, subject to the provisions of the
Bankruptcy Code (11USC & 101,
et. seq.) and the order of any court having jurisdiction thereunder.
Tenant’s Insurance; Release and Indemnity Provisions: The
Tenant shall be solely responsible for insuring any of his personal
property located or stored upon the Premises upon the risks of
damage, destruction, or loss resulting from theft, fire, storm
and all other hazards and casualties. Regardless of whether the
Tenant secures such insurance, the Landlord and his agents shall
not be liable for any damage to, or destruction or loss of, any
of the Tenant’s personal property located or stored upon
the Premises regardless of the cause of causes of such damage,
destruction, or loss, unless such loss or destruction is attributable
to the intentional acts or willful or wanton negligence of the
Landlord, The Tenant agrees to release and indemnify the Landlord
and his agents from and against liability for injury to the person
of the Tenant or to any member of his household resulting from
any cause whatsoever except only such personal injury caused by
the negligent or intentional acts of the Landlord of his agents.
Agent: The Landlord and the Tenant acknowledge
that the Landlord may, from time to time in his discretion, engage
a third party ("the Agent") to manage, supervise and operate the Premises
or the complex, if any, of which they are a part. If such an Agent
is managing, supervising and operating the Premises at the time
this lease is executed, his name will be shown as "Agent" on
the first page hereof. With respect to any Agent engaged pursuant
to this paragraph, the Landlord and the Tenant hereby agree that:
(1) Agent acts for and represents Landlord in this transaction;
(2) Agent shall have only such authority as provided in the management
contract existing between the Landlord and Agent; (3) Agent may
perform without objection from the Tenant, any obligation or exercise
any right of the Landlord imposed or given herein or by law and
such performance shall be valid and binding, if authorized by the
Landlord, as if performed by the Landlord; (4) the Tenant shall
pay all rentals to the Agent if directed to do so by the Landlord;
(5) except as otherwise provided by law, the Agent shall not be
liable to the Tenant for the nonperformance of the obligations
or promises of the Landlord contained herein; (6) nothing contained
herein shall modify the management contract existing between the
Landlord and the Agent; however, the Landlord and the Agent may
from time to time modify the management agreement in any manner
which they deem appropriate; (7) the Landlord may, in his discretion
and in accordance with any management agreement, remove without
replacing or remove and replace any agent engaged to manage, supervise
and operate the Premises.
Forum: The Landlord and Tenant hereby acknowledge
that their agreement is evidenced by this form contract which may
contain some minor inaccuracies when applied to the particular
factual setting of the parties. The Landlord and Tenant agree that
the courts shall liberally and broadly interpret this lease, ignoring
minor inconsistencies and inaccuracies, and that the courts shall
apply the lease to determine all disputes between the parties in
the manner which most effectuates their intent as expressed herein.
The following rules of construction shall apply: (1) handwritten
and typed additions or alterations shall control over the preprinted
language when there is an inconsistency between them; (2) the lease
shall not be strictly construed against either the Landlord or
the Tenant; (3) paragraph headings are used only for convenience
of reference and shall not be considered as a substantive part
of this lease; (4) words in the singular shall include the plural
and the masculine shall include the feminine and neuter genders,
as appropriate; and (5) the invalidity of one or more provisions
of this lease shall not affect the validity of any other provisions
hereof and this lease shall be construed and enforced as if such
invalid provision (s) were not included.
Amendment of Laws: In the event that subsequent
to the execution of this lease any statute regulating or affecting
any duty or obligation imposed upon the Landlord pursuant to this
lease is enacted, amended, or repealed, the Landlord may, at his
option, elect to perform in accordance with such statute, amendment,
or act of repeal in lieu of complying with the analogous provision
of this lease.
Eminent Domain and Casualties: The Landlord
shall have the option to terminate this lease if the Premises,
or any part thereof, are condemned or sold in lieu of condemnation
or damaged by fire or other casualty,.
Inspection Premises: Tenant acknowledges that
Tenant has inspected the Premises and completed the Move-in Inspection
Form. Landlord has accepted the form as completed.
Tenant has the right to inspect the Premises
and complete the Move-in Inspection Form prior to occupying the
Premises.
Other Terms and Conditions:
(Check if applicable) The Premises were
built prior to 1978. (Attach Standard Form # 430, "Disclosure of information on
Lead-Based Paint and Lead-Based Paint Hazards Addendum.")
If there is an Agent involved in this transaction,
Agent hereby discloses to Tenant that Agent is acting for and represents
Landlord.
The following additional terms and conditions
shall also be a part of this lease:
Itemize all addenda to this Contract and attach
hereto:
Smoke Detectors: Pursuant to North Carolina
General Statutes 42-42, the Landlord shall provide operable
smoke detectors, either battery-operated or electrical, having
an Underwriters’ Laboratories,
Inc. listing or other equivalent national testing laboratory approval,
that are installed in accordance with either the standards of the
national Fire Protection Association or the minimum protection
designated in the manufacturer’s instructions. The Landlord
shall repair or replace the smoke detectors provided the Landlord
is notified in writing by the Tenant. The Landlord shall place
new batteries in any batter-operated smoke detectors at the beginning
of the initial term of the Tenancy; the Tenant shall replace
the batteries as needed during the Tenancy.
Notice:
Any notices required or authorized to be given hereunder or pursuant
to applicable law shall be mailed or hand delivered to the following
addresses:
Tenant: the address of the Premises
Landlord: the address to which rental payments
are sent.
Assignment: The Tenant shall not assign this
lease or sublet the Premises in whole or part.
Waiver: No waiver of any breach of any obligation
or promise contained herein shall be regarded as a waiver of any
future breach of the same or any other obligation or promise.
Execution: Counterparts: When Tenant signs
this lease, he acknowledges he has read and agrees to the provisions
of this lease. This lease is executed in
of copies, with a signed copy
retained by each party to the contract with an executed counterpart
being retained by each party hereto.
31. Entire Agreement: This Agreement contains the entire agreement
of the parties and there are no representations, inducements or
other provisions other than those expressed in writing. All changes,
additions or deletions hereto must be in writing and signed by
all parties.
I agree to all the terms set forth in this lease agreement.
(Type full name to sign)
(this signature is legally binding)
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