Lease Contract — One-Year Minimum

Current Date

1. PARTIES. This lease is between you, the resident _____________________________ and us the owner, David and Vickie Parks. You have agreed to rent the property at 8815 Gryder Street, Foley, Alabama, for use as a private residence only. The term “you” refers to all residents listed above and all occupants. The terms “we”, and “our” refer to the owners listed above and not to property managers or anyone else.

2. OCCUPANTS. The property will be occupied only by you and the following dependents, whom you listed on your application:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

No one else may occupy the property.

UNAUTHORIZED OCCUPANTS:  Persons not listed here as residents or occupants must not stay in the property for more than one (1) day without our prior written consent, and no more than two occasions in any one month. Unauthorized guests who violate this policy will be arrested for trespassing, and your lease will be broken.

3. CONTRACT TERM. This lease is for one full year. The initial term of the lease begins on the _____ day of ________, ______ and ends at midnight on the _______ day of ________, ______. You must give written move-out notices as required by paragraph 33.

4. SECURITY DEPOSIT

A. You, the resident, have deposited $950 with us as security against breach of any covenants and agreements contained herein, including without limitation: damages to the building or grounds, fixtures, appliances, carpet, abandonment, non-payment of rent, late fees, insufficient check charges and attorneys fees. (See paragraph 37)

B. The security deposit or other like amounts received by owner from resident pursuant to this lease will be held and disbursed subject to the terms of this lease and the law. In the event owner appoints his agent, broker or manager to hold and disburse said funds, resident herby consents to such appointment. In the event of a sale of the premises by owner, upon owners compliance with the applicable law, resident will look solely to the successors owner, or said owner’s agent, broker or manager, as the case may be, for satisfaction of all claims relating to said security deposit, and shall not look to original owner. It is agreed that the owner shall initially hold residents’ security deposit, subject to further assignment, as authorized.

5. KEYS. You will be provided two (2) door keys. KEYS MUST NOT BE DUPLICATED. Your spouse or any resident or occupant who has permanently moved out according to a remaining resident’s affidavit is (at our option) no longer entitled to occupancy or keys. For each key not returned, you will be charged $25 plus $250 to have the locks changed.

6. RENT & CHARGES

A. MONTHLY TOTAL:  The rent is $950 per month, and the sewer bill is another $54.50 per month, for a monthly total of $1,004.50.

B. METHOD OF PAYMENT:  We accept payments in person at the rented premises in cash or certified check.  We may, however, develop a system whereby you send payments directly to our account.

C. DUE DATE:  The monthly total is due on or before the first Friday of the month previous to the month which you are renting.  For instance, the total for February is due the first Friday of January. Mail delivery is no excuse for rent to be late.  Mail rent in time to arrive on the due date.

D. LATE CHARGES:  There is no grace period. If you do not pay on time, you will be delinquent, and all other remedies under the lease will be authorized. If you do not pay the monthly total on or before the first Friday of the month previous to the month you are renting, you will pay an initial late charge of $50 plus $10 per day until paid in full. Daily late charges must not exceed 15 days for any single month’s rent. These initial and daily late charges also apply in the case of a returned check, bank draft, or money order.

E. A RETURNED CHECK, BANK DRAFT OR MONEY ORDER is charged $50 each.

F. PET CHARGE:  For each pet allowed, there is a one-time non-refundable charge of $250. Charges for violating the pet or occupant restrictions ARE $50 per day.

All these above charges are in addition to the rent.

7. UTILITIES. You agree to place and keep utilities in your name for the duration of this lease. You agree to maintain continuous trash removal service at the subject property and to inform us of any change in your phone number. You pay for all utilities, related deposits, and charges on utility bills connected in your name or during your tenancy. You must not allow utilities to be disconnected in your name or during your tenancy. You must not allow utilities to be disconnected, including disconnection for not paying your bills, until the lease term or renewal period ends. Utilities may be used only for normal household purposes. Tampering with utility meters or connections is not allowed. If your electricity is ever interrupted, use only battery operated lighting.

8. INSURANCE. Our insurance does not cover your possessions or liability. We urge you to get your own renters insurance for losses due to theft, fire, smoke, water, damage, liability and the like. You intend to (check one): _____ not buy renters insurance to protect against such losses; or _____ buy renters insurance to cover such losses.

9. RELETTING CHARGE. You will be liable to us for a reletting charge of $950 (one month’s rent) if you:

A. fail to give 30-day written move out notice;

B. move out without our written approval and without paying rent in full for the entire lease term or renewal period;

C. move out at our demand because of your default; or

D. are judicially evicted.

 

The reletting charge is not a release, nor a lease cancellation fee, nor a buyout fee.  The reletting charge does not release you from continued liability for past due or for future rent, cleaning, repairing, lock changes or other sums due. Rather, the reletting charge is a liquidated amount covering only part of our damages – that is our time, effort and expense in finding and processing a replacement. Such items are uncertain and difficult to ascertain, particularly those relating to inconvenience, paperwork, advertising, showing property, utilities for showing, checking prospects, overhead, marketing costs and locator service fees. The reletting charge is due whether or not our reletting attempts succeed.

10. DELAY OF OCCUPANCY. If occupancy is delayed for construction repairs, cleaning or a previous resident’s holding over, we are not liable to you for the delay. The lease will remain in force subject to: (1) abatement of rent on a daily basis during delay; and (2) your right to terminate as set forth below. If the delay is longer than seven days, you have the right to terminate this lease. Termination notice must be in writing. After termination, you are entitled only to refund of deposit(s) and any rent paid. Rent abatement of lease termination does not apply if delay is for cleaning or repairs that do not prevent you from occupying the property.

11. COPIES AND ATTACHMENTS. You have received a copy of this lease. Any of our rules will be attached to the lease and given to you at signing. The items checked below are attached to this lease:

Community rules & policies, dated _______________ _____

Inventory and condition form, dated _______________ _____

Move-in move-out Inspection, dated ______________ _____

Pet agreement, dated ________________ _____

Other _________________________________ _____

Other _________________________________ _____

 

SPECIAL PROVISIONS. The following special provisions and any addendum or written rules furnished to you before signing control over conflicting provisions of this printed lease form. ____________________________________________________________________________________

12. REPAIRS AND REPLACEMENTS:

A. REIMBURSEMENT. You must promptly reimburse us for loss, damage, or cost of repairs caused anywhere on the property by you or any guests or occupant’s mistake, accident, improper use, abuse, negligence or malicious intent. We may require payment at any time, including advanced payment of repairs for which you’re liable. Any delay in our demanding sums you owe is not a waiver.

B. MICROWAVE, GARBAGE DISPOSAL, AND SEWERAGE GRINDER PUMP: The resident is responsible to pay half the cost of repairing or replacing the microwave, garbage disposal, or sewerage grinder pump. Because any appliance wears out over time, the owner pays half these costs.  The resident’s responsibility for half these costs comes from the following policies.  Because lightening will destroy the microwave, the resident is expected to unplug it or turn it off at the electrical panel during an electrical storm. Because putting food, grease, or any solid object will damage the garbage disposal or the sewerage grinder pump, the resident is expected to keep these items out of the sinks and toilets.

13. RENT INCREASES AND LEASE CHANGES. No rent increases or lease changes are allowed before the initial lease term ends except for changes allowed by any special provisions in paragraph twelve, by any signed written addendum or by reasonable changes of house rules and policies. If at least 30 days before the lease term or renewal period ends, we give you written notice of rent increases or lease changes, the new modified lease will begin on the date stated in the notice (without necessity of your signature) unless you give us 30 days written move-out notice under paragraph 32.

14. DISCLOSURE RIGHTS. If someone requests information on you or your rental history for law enforcement, governmental, business or other purposes we may provide it.

15. HOUSE RULES AND POLICIES. You and all guests and occupants must comply with written rules and policies, including instructions for care of our property. Our rules are considered part of this lease. We may make reasonable changes to written rules, effective immediately, if issued to you with reasonable amount of time to comply.

16. CONDUCT. The property must be kept neat and clean. Trash must be disposed of at least weekly. You will be liable to us for damages caused by you or any guests, agents or occupants. We may exclude guests or others who, in our judgment, have been violating the law, violating the lease or any house rules or policies, or disturbing other residents, neighbors, visitors, the owners or the owner’s representatives. Guests of resident shall be considered a licensee. THERE IS NO IMPLIED COVENANT OF QUIET ENJOYMENT OR WARRANTY OF HABITABILITY OF THE PREMISES ASSOCIATED WITH THIS LEASE.

17. PROHIBITED CONDUCT. You and your occupants or guests may not engage in the following prohibited activities: loud or obnoxious conduct; creating a nuisance; disturbing or threatening the rights, comfort, health, safety, convenience or quiet enjoyment of others in or near the property; possessing, selling or manufacturing illegal drug paraphernalia; engaging in or threatening violence; engaging in or aiding criminal activity; possessing a weapon prohibited by local or state law; discharging a firearm on the property; displaying or possessing a gun, knife or other weapon in a way that may alarm others; soliciting business or contributions; using the property for other than residential use to include operating a business or child care service; storing anything next to gas appliances; tampering with utilities; bringing hazardous materials onto the property and using candles, lanterns, or gas or kerosene lamps or heaters.

18. MOTOR VEHICLES. Resident and owner agree that any abandoned, unlicensed, derelict, inoperable and/or wrongfully parked vehicles on the premises are prohibited and may be towed off the premises by the owner or hired towing company at the vehicle owner’s expense, after posting a 72 hour notice in a conspicuous place on the vehicle indicating the owner’s intent to tow said vehicle. Resident further agrees not to store and/or park any trailer, camper, boat or any other similar recreational item or vehicle on the premises without written consent of the owner. Residents agree not to park any commercial or public vehicle on the premises under any conditions. Resident further agrees not to make any repairs of any motor vehicle and/or recreational items on the premises without the written consent of owner. No loud vehicles allowed. No parking on lawn or sidewalk, including during move in or move out. A prohibited vehicle on the premises and may be towed if it:

1.) has flat tires or other conditions rendering it inoperable;

2.) has an expired license or inspection sticker;

3.) belongs to a resident or occupant who has surrendered or abandoned the property;

4.) is parked wrongfully or illegally or interferes with emergency access.

19. RELEASE OF RESIDENT: Unless we have given a written release, you won’t be released from this lease for any reason, including, but not limited to, voluntary school withdrawal or transfer, voluntary or involuntary business transfer, marriage, separation, divorce, loss of co-residents, loss of employment, incarceration, financial difficulty or bad health. Resident further understands that in the event that Resident dies while they reside at the property that the owner shall only be obligated to release information and property as set forth in the Alabama Probate Code.

20. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants and guests must exercise due care of your own and others safety and security, especially in the use of smoke detectors, door locks and dead bolt locks, window latches, lighting and other security devices. Smoke/Carbon Monoxide Detectors. We will furnish smoke/carbon monoxide detectors if required by statute and we will test them and provide working batteries when you first take possession. After that you must pay for and replace the batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. You must immediately report smoke detector malfunctions to us. Neither you nor others may disconnect smoke detectors. You will be liable to us and others for any loss or damage from the fire, smoke or water if that condition arises from your disconnecting or failing to replace batteries or from your not reporting malfunctions.

CASUALTY LOSS: We are not liable to any resident, guest or occupant for personal injury or damage or loss of personal property from fire, smoke, rain, flood, environmental problems, water leaks, hail, ice, snow, lightning, wind, explosions, appliance malfunction and interruption of utilities, unless that injury or damage is caused by our negligence. Resident shall remove debris from sidewalks, steps, porch, patio and driveway within 24 hours of accumulation.

CRIME OR EMERGENCY: Dial 911 or immediately call local fire, police or emergency medical service authorities in case of fire, smoke or suspected criminal activity involving imminent harm. You should then contact us. You won’t treat any of our security measures as an expressed or implied warranty of security or as a guarantee against crime or of reduced risk of crimes. We are not liable to you or any guest or occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism or other crimes. We are not obligated to furnish security personnel, security lighting, security gates or fences, or other forms of security unless required by statute. We are not responsible for obtaining criminal history checks on any residents, occupants or guest in the property. If you or any occupant or guest is affected by a crime, you must make a written report for us and for the appropriate local law enforcement agency. You must also furnish us with the law enforcement agency’s incident report number upon request.

SUBORDINATION: Any and all insurance you have shall be at all times primary insurance. Any cost of expense paid or incurred by the owner or owner’s insurance company shall be subject to full reimbursement by you or your insurance company.

21. CONDITION OF THE PREMISES AND ALTERATIONS. You accept the property, grounds, fixtures and appliances as is, except for conditions materially affecting the health or safety of ordinary persons. We disclaim all implied warranties. Within 48 hours after move-in you must advise us of all defects or damage in writing. Otherwise everything will be considered to be in clean, safe, and good working condition. You must use customary diligence in maintaining the property and grounds. Unless authorized by us in writing, you must not perform any improvements, repairs, painting, wallpapering, carpeting, electrical changes or otherwise alter our property. No holes, tape or stickers are allowed on the wall except for a reasonable number of small nail holes for hanging pictures in sheet rock walls and grooves of wood paneled walls, unless our rules state otherwise. No waterbeds, antennas, additional phone or cable TV outlets, alarm systems or lock changes, additions, or re-keying is permitted unless we have consented in writing. You agree not to alter or remove our property. When you move in we will supply light bulbs for light fixtures we furnish; after that, you will replace them at your expense with bulbs of the same wattage. Your improvements to the property (whether or not we consent) become ours unless we agree otherwise in writing.

22. HABITABILITY: You have inspected the Premises and fixtures (or have had the Premises inspected on your behalf), and acknowledges that the Premises are in reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in your opinion, the habitability and rental value of the premises are adversely affected, you shall promptly provide written notice to us.

23. REQUESTS, REPAIRS AND MALFUNCTIONS. IF YOU OR ANY OCCUPANT NEEDS TO SEND A NOTICE AND REQUEST (FOR EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES OR SECURITY RELATED MATTERS) IT MUST BE IN WRITING TO US. (Except for in emergencies involving immediate danger to person or property such as fire, gas, smoke, overflowing sewage, uncontrollable running water, electrical shorts or crime in progress.) You are responsible for the maintenance and repair of all appliances. Our complying with or responding to any oral request regarding security or non security matters doesn’t waive the strict requirement for written notice under this lease. You must promptly notify us in writing of: water leaks, electrical problems, broken or missing or inadequate locks or latches, and other conditions that pose a hazard to property, health or safety. We may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water or similar cause, you must notify us immediately. If equipment malfunctions, you must notify us as soon as possible on a business day. We will act with customary diligence to make repairs and reconnections, taking into consideration when casualty insurance proceeds are received. Rent will not abate. You are responsible for all costs of repair due to your or your occupants or guests fault or negligence. If we consider fire or catastrophic damage substantial, we may terminate this lease within a reasonable time by giving you written notice. If the lease is so terminated, we will refund prorated rent and all deposits, less deductions.

24. PETS. No pets are allowed (even temporary or visiting pets) anywhere on the premises unless we have so authorized in writing, except for guide animals of disabled persons. If we allow a pet, you must sign a separate agreement. Pet prohibitions apply to all types of animals, especially any animal which is dangerous. You must not feed stray animals. If you or any guest or occupant violates pet restrictions (with or without your knowledge), you will be subject to the charges, damages, eviction and other remedies provided in this lease. A pet deposit is considered a general security deposit. We may require a doctor’s statement of need for a guide animal for disabled persons. If a pet has been in the property at any time during your term of occupancy (with or without consent) we will charge you for defleaing, deodorizing or shampooing to protect future residents from possible health hazards. Daily pet charges and pet removal charges are liquidated damages for out time, inconvenience and overhead (except for attorney fees and litigation costs) in enforcing pet restrictions and rules. We may remove an unauthorized pet by leaving, in a conspicuous place at the property, 24 hours prior written notice of intent to remove the pet, and by following the procedures of paragraph 25. We may keep or kennel the pet or turn it over to a humane society or local authority. When catching, keeping or kenneling a pet, we won’t be liable for loss or harm, sickness or death of the pet. We will return the pet to you upon request if it has not already been turned over to a humane society or local authority. You must pay for the pet’s reasonable care and kenneling charges.

25. WHEN WE MAY ENTER. We have the right to enter the premises each first Friday of the month.  If you or any guest or occupant is present, then you will allow us or our representative or service or repair people to peacefully enter the property at a reasonable time for the purposes listed in (2) below. If nobody is in the property, we or our representatives or service or repair people may enter peacefully and at reasonable times by duplicate or master key (or by breaking the window or by other means if locks have been changed in violation of this lease) if:

(1.) written notice of the entry is left in a conspicuous place at the property immediately after the entry, and

(2.) entry is for: responding to you or your requests; repairs; estimating repair or refurbishing costs; pest control; preventative maintenance; filter changes; testing or replacing smoke detector batteries; retrieving tools or items; preventing waste of utilities; delivering, installing, removing or re-keying unauthorized security devices; removing health or safety hazards (including hazardous materials) and items prohibited under our rules; removing unauthorized pets; retrieving property owned or leased by former residents; inspection for compliance; entry as directed by a law enforcement officer with or without a search warrant or in hot pursuit; showing the property to prospective residents; or showing property to government inspectors, fire marshals, lenders, appraisers, estimators, contractors, prospective buyers or insurance agents.

26. MULTIPLE RESIDENTS OR OCCUPANTS. Each resident is jointly liable for all lease obligations. If you or any guest or occupant violates the lease or rules, all residents are considered to have violated the lease. Our requests and notices (including sale notices) to any resident constitute notice to all residents and occupants. Notices and requests from any resident or occupant (including notices of lease termination, repair request and entry permissions) constitute notice from all residents. In eviction suits, any one of multiple residents is considered the agent of all other residents in the property for service of process. Security deposit refunds may be by one check jointly payable to all residents; the check and any deduction itemizations may be mailed to one resident only.

27. REPLACEMENTS AND SUBLETTING. Replacing or adding a resident or subletting is allowed only when we consent in writing, which consent may be withheld in our sole and absolute discretion. If departing or remaining residents procure a replacement resident acceptable to us before moving out, and we expressly consent to the replacement or subletting, then: (1.) a reletting charge won’t be due; (2.) an administrative (paperwork) fee may be due, and; (3.) you will remain liable for all lease obligations for the rest of the original lease term. Initials ________ Initials ________ Credits. We will credit all subsequent rent that we actually receive from replacement or subsequent residents against your liability for past-due and future rent. If you move out early, we will exercise customary diligence to relet. Procedures. If we approve a replacement resident, then we may, at out option, require that either; (1) the replacement sign this lease with or without an increase in the total security deposit; or (2) the remaining and replacement residents sign an entirely new lease. Unless we agree otherwise in writing, your security deposit will automatically transfer to the replacement resident as of the date we approve. The departing resident will no longer have a right of occupancy or to a security deposit refund, but will remain liable for the rest of the original lease term unless we agree otherwise in writing.

28. DEFAULT BY OWNER. We will act with customary diligence to maintain fixtures, hot water heating and A/C equipment as applicable; substantially comply with applicable federal, state and local laws regarding safety, sanitation and fair housing; and make all reasonable repairs, subject to your obligation to pay for repairs or damages for which you are liable. If we violate any of the above:

(a) you must make a written request for repair or remedy of the condition, and all rent must be current at the time;

(b) after receiving the request, we have reasonable amount of time to repair, considering the nature of the problem and the reasonable availability of materials, labor, and utilities;

(c) if we haven’t diligently tried to repair within a reasonable time, you must then give us a written notice of intent to terminate the lease unless the repair is made in less than seven days.

You may exercise your remedy of terminating the lease, but in no event are you allowed to offset or withhold rent. Failure of owner to maintain or repair the property or premises shall not constitute a breach of this lease by owner unless such failure makes the resident’s premises uninhabitable and resident vacates the premises due to such failure.

29. DEFAULT BY RESIDENT. You will be in default if:

(1) you do not pay rent or other amount that you owe when due;

(2) you or any guest or occupant violates any provisions of this lease, house rules, or fire, safety, health, or criminal laws, regardless of whether arrests or convictions occur;

(3) you abandon the property;

(4) you give incorrect, incomplete or false information on the rental application;

(5) you or any occupant is arrested for criminal offense involving actual or potential physical harm to a person, or involving possession, manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined in state law;

(6) any illegal drugs, drug odors or paraphernalia are found on the property. If in default, we may exercise one or more of the following remedies, without limiting any other rights or remedy.

EVICTION. If you default, we may end your right of occupancy by giving the notices required by Alabama law, and then we can exercise all legal rights. Notice may be by:

(1) personal delivery to any resident;

(2) personal delivery at the property to the occupant over 15 years old; or

(3) affixing the notice to the main entry doors of the property. Termination of your possession rights or subsequent reletting doesn’t release you from liability for future rent. After giving notice to vacate or filing an eviction suit, we may still accept rent or other sums due; the filings or acceptance doesn’t waive or diminish our rights of eviction or any other contractual or statutory right. Accepting money at any time doesn’t waive our rights to damages, past or future rent, or other sums.

ACCELERATION. All monthly rent for the rest of the lease term or renewal period will be accelerated automatically without notice of demand (before or after acceleration) and will be immediately due and delinquent if, without our written consent:

(1) you move out, remove property in preparing to move out, or give oral or written notice (by you or any occupant) of intent to move out before the lease term or renewal period ends; and

(2) you’ve not paid all rent for the entire lease or renewal period. Such conduct is considered a default for which we will give you notice.

Remaining rent will also be accelerated if you’re judicially evicted or move out when we demand because you’ve defaulted. Our right to accelerate is in lieu of having rent for the entire term payable when the lease begins.

OTHER REMEDIES. If your rent is delinquent and we give you 3 days prior written notice, we may terminate utilities that we have furnished and paid for unless government regulations provide otherwise. We may report unpaid amounts to credit agencies. Upon default, we have all other legal remedies, including lease termination. Resident hereby agrees that in the event of the retention, employment or use of an attorney by the owner because of any violation or breach of any covenant or provision of this lease, resident will pay owners attorney fees and court costs when and as they accrue, all of which shall be considered additional rent. Resident shall be responsible for said fees whether or not litigation is actually commenced and shall be responsible for said fees because of any breach by their family or guest. Late charges are liquidated damages for our time, inconvenience and overhead in collecting late rent (but are not for attorney’s fees and litigation costs). All unpaid amounts bear 18% interest per year from the due date, compounded annually. You must pay all collection agency fees in addition to the amounts that are due under this lease.

30. INTERPRETING THIS LEASE. Neither we nor any of our representatives have made any oral promises, representations or agreements. This lease is the entire agreement between you and us. Our representatives (including management personnel, employees and agents) have no authority to waive, or terminate this lease or any part of it, and have no authority to make promises, representations or agreements that impose security duties or other obligations on us or our representatives, unless in writing. All notices and documents may be in English or, at our option, in any language that you read or speak. No action or omission of ours or our representatives will be considered a waiver of any subsequent violation, default or time or place of performance. Our not enforcing or belatedly enforcing written notice requirements, rental due dates, late charges, liens, or other rights isn’t a waiver under any circumstances. Exercising one remedy won’t constitute an election or waiver of other remedies. All remedies are cumulative. No employee, agent or management company is personally liable for any contractual, statutory or other obligations merely by virtue of acting on our behalf. Neither an invalid clause nor the omission of initials invalidates this lease. All provisions regarding our non-liability and non-duty apply to us and our employees, agents, and management companies. This lease is subordinate to existing and future recorded mortgages. All lease obligations must be performed in the county where the property is located.

31. PAYING SUMS DUE AS AN INDEPENDENT COVENANT: At our option and without notice we may apply money received first to your non-rent obligations, then to rent, regardless of notations on checks or money orders and regardless of when the obligations arise. All sums other than rent (which is due on the first Friday of the previous month) are due upon our demand. After the due dates, we do not have to accept the rent or other payments.

32. NOTICE TO QUIT AND HOLDOVER. Resident agrees, at least thirty (30) days prior to the expiration of the term hereof, to give written notice to the owner or agent of the intention to vacate the subject property at the end of the lease, and if such notice is not timely given, the resident shall be liable for and agrees to pay the rent due for the following month if the subject property is not re-rented. This notice provision is not an obligation of the owner. Owner must give notice as provided under state law. In the event that the resident holds over the property after the term of the lease, the same shall be deemed for a month-to-month residency, at a monthly rental rate of up to twice the monthly rental rate in paragraph six herein by owner giving written notice to resident of such rental rate increase. All other provisions of the lease, including the provision requiring you to give at least thirty (30) days notice of residents intention to vacate upon the expiration of the lease term, shall remain in full force and effect. RESIDENT UNDERSTANDS THAT NOTICES TENDERED AFTER THE FIRST DAY OF THE MONTH SHALL NOT BE EFFECTIVE TO TERMINATE THIS LEASE UNTIL THE LAST DAY OF THE FOLLOWING MONTH (FOR EXAMPLE, A NOTICE RECEIVED ON JUNE 3RD WILL NOT TERMINATE THE LEASE UNTIL JULY 31st.)

33. MOVE OUT PROCEDURES. The move out date can’t be changed unless we and you both agree in writing. You won’t move out before the lease term or renewal period ends unless all rent for the entire lease or renewal period is paid in full. Early move out may result in acceleration of future rent and reletting charges. Before moving out, you must pay all rent through the end of the lease term or renewal period. You’re prohibited from applying any security deposit towards rent. You won’t stay beyond the date that you are supposed to move out. You must give us and the U.S. Postal Service, in writing, each resident’s forwarding address and phone number.

34. CLEANING. You must thoroughly clean the property, including doors, windows, kitchens, bathrooms, appliances, fixtures, walls, carpets and floors. You must follow move out cleaning instructions if they have been provided. If you do not clean adequately, you will be liable for reasonable cleaning charges, including charges for cleaning carpets, blinds, floors, walls, appliances, etc. that are soiled beyond normal wear. (Normal wear is the wear or soiling that occurs without negligence, carelessness, accident or abuse).

35. MOVE OUT INSPECTION. You should meet with us for a move-out inspection. We are not bound or limited to any on-the-spot estimates we may give regarding deductions for repair or other charges. Any statements or estimates made by us are subject to correction, modification, or disapproval before final refunding or accounting.

36. OTHER CHARGES. You will be liable for the following charges, if applicable: unpaid rent, utilities, and utility disconnect fees; unreimbursed service charges; damages or repairs (beyond reasonable wear); hauling charges for trash, junk or furniture left behind; replacement cost of our missing property that was in or attached to the premises; replacing dead or missing smoke detector batteries; utilities for repair or cleaning; trips to let in company representatives to remove your telephone or cable TV services or rental items, if you so request or have moved out; trips to open the door when you or any other guest or occupant is missing a key; duplicate keys; unreturned keys; missing or burned out light bulbs; missing or dirty filters; pest exterminations; pet damages; stickers, scratches, burns, stains, or unapproved holes; removing or re-keying unauthorized locks, security devices or alarm systems; packing, removing, or storing property if you are evicted, receive a 3 day notice and move out or abandon, forfeit or surrender possession and leave property behind; removing illegally parked vehicles; false security alarm charges, unless due to our negligence; late payment and returned check fees; a charge (not to exceed $100) for our time and inconvenience in lawfully removing a pet or in any valid eviction proceeding against you, plus attorney’s fees, court costs and filing fees actually paid; and other sums due. We may charge any sums due as additional rent.

37. SURRENDER, ABANDONMENT, DEPOSIT:

A. SURRENDER – You surrender the property on the date of the earlier of the following: (1) you and all occupants and your possessions have been removed and all keys have been turned in personally to us; or (2) the move out date has passed and no resident or other authorized occupant is living in the property in our reasonable judgment.

B. ABANDONMENT – You abandon the property when (1) everyone appears to have moved out in our reasonable judgment, and (2) clothes, furniture and personal belongings have been substantially removed from the property. The property is also considered abandoned on the tenth day after the death of the sole resident. Surrender or abandonment ends your right of possession for all purposes, including reletting the property, damages, clean-up charges, removing property left behind and return of security deposit.

C. ABANDONED PROPERTY: Resident agrees that if resident abandons, surrenders or vacates the premises or is evicted and leaves behind personal property of the resident or their family or guest or any other person claiming under them, owner shall have the right to remove and dispose of said personal property as the owner sees fit, at residents sole risk and cost and without recourse by resident against the owner’s agents and representatives. Resident acknowledges that the owner is in the business of renting the premises and the removal of the property is necessary to the owner’s livelihood and as such, resident shall indemnify the owner and the owner’s agents and representatives against any claim or costs of damages or expense with regard to the removal, disposal and/or storage of the property.

D. DEPOSIT RETURN: Resident and owner agree that within 35 days after termination of this lease or surrender and acceptance of the premises, whichever occurs last, owners shall provide resident at resident’s last known address with written statement listing the reasons for any and all charges against the security deposit (if any). The security deposit shall be returned to resident only after all the following conditions have been met:

  1. The resident has paid rent for one full year.
  2. A written notice has been given to landlords 30 days prior to departure.
  3. The keys have been returned to the landlords.
  4. There are no unpaid charges, damages, or rents due by resident hereunder.
  5. No items have been abandoned on the premises.
  6. The property, including kitchen appliances, has been cleaned thoroughly and the property is left in the same condition as it was when resident moved in. If resident fails to clean, reasonable charges to complete cleaning shall be deducted.

After inspection by owner or owner’s representative, appropriate charges will be deducted for any unpaid damages or repairs to the property or its contents (beyond reasonable wear): insufficient light bulbs; stickers, scratches, burns or holes on the walls, doors, floors, draperies, carpets or appliances, etc.

D. SECURITY DEPOSIT IS NOT RENT: Resident agrees that in no event shall security deposit be applied by resident for any rent or charge due hereunder, and that no oral agreement may modify this provision.

38. LANDSCAPING:  If you do not mow, trim, weed, water, fertilize and otherwise fully maintain the lawn and landscaping up to the satisfaction of the owner, the owner will hire a landscaping service for which you will pay.

39. UNCLUTTERED:  You must keep the grounds, patios, porches and garage neat and uncluttered.

40. PROHIBITED ADDITIONS:  No Trampolines or swimming pools are allowed on the property. No exterior structure – including but not limited to satellite dish, fence, clothesline, or shed – is allowed.

COPY: You are entitled to a copy of this lease when it’s fully signed. Keep it and all attached documents in a safe place.

Residents’ Signatures:

_________________________________________

_________________________________________

Owners’ Signatures:

_________________________________________

_________________________________________