RESIDENTIAL APARTMENT LEASE

Transcription

1 RESIDENTIAL APARTMENT LEASE This Residential Apartment Lease Agreement (this "Lease") is made effective as of, by and between MBRT- CS Properties, 8 West Kennedy Street, Statesboro, GA, ("Landlord"), and _,_, _,_, _,_, ("Tenant"). The parties agree as follows: 1. PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant a residential dwelling located at, Statesboro, Georgia 30458, Bulloch County (the "Premises"). 2. TERM. The lease term will begin on and will terminate on at 12pm (noon). 3. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of $ per month, payable in advance on the first day of each month, for a total lease payment of $. Lease payments shall be made to Landlord at 8 West Kennedy Street, Statesboro, Georgia 30458, which address may be changed from time to time by Landlord. Mailing the rent payment shall not constitute payment. Rent must be actually received by Landlord to be considered paid. Tenant acknowledges that all funds received will be applied to the oldest outstanding balance including but not limited to additional rent resulting from late payments of rent, fees associated with checks returned for insufficient funds, administrative fees, costs and fees associated with a dispossessory action, etc. 4. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $ to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. The balance of the Security Deposit shall be returned to Tenant by Landlord within thirty (30) days after the termination of this Agreement or the surrender of Premises by Tenant, whichever occurs last (hereinafter Due ); provided that Tenant meets the following requirements:(1) the full term of the Lease has expired; (2) no damage has been done to the Property or its contents; (3) the entire Property is clean and free of dirt, trash and debris; (4) all rent, additional rent, fees and charges have been paid in full; (5) there are no holes and scratches on walls or cabinets; and (6) all apartment keys, keys to recreational or storage facilities, access cards, gate openers and garage openers, if any, have been returned to Landlord. Landlord shall have the right to deduct from the Security Deposit: (1) the cost of repairing any damage to Premises or Property caused by the negligence, carelessness, accident or abuse of Tenant, Tenant's household or their invitees, licensees and guests; (2) unpaid rent, utility charges or pet fees; (3) cleaning costs if Premises is left unclean; (4) the cost to remove and dispose of any personal property; and/or (5) late fees and any other unpaid fees and charges referenced herein; (6) a fee of $75.00 to rekey the locks either at the request of Tenant or upon the termination of the Lease. 5. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good condition as when delivered to Tenant. If Landlord is unable to deliver possession of Premises on the Commencement, rent shall be abated on a daily basis until possession is granted. If possession is not granted within 15 days of the Commencement, Tenant may, by giving notice to Landlord, terminate this Lease in which event Landlord shall promptly refund all deposits to Tenant. Landlord shall not be liable for any delay in the delivery of possession of Premises to Tenant. 6. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence of greater than seven (7) days from the Premises not later than the first day of the extended absence. 7. PETS. No pets shall be allowed on the Premises without a written pet agreement from Landlord. 8. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. 9. MAINTENANCE. Landlord shall keep the following in good repair: roof, exterior walls, foundation, sewer, plumbing, heating, wiring, air conditioning, driveways, and sidewalks, except when such repairs are necessitated by the misuse or negligence of Tenant, its agents, employees or invitees, and all other maintenance responsibilities required by law. Tenant shall maintain the premises in a reasonable safe, serviceable, clean and presentable condition, and except for the repairs and replacements to be made by Landlord pursuant to the preceding sentence, shall make all repairs, replacements and improvements to the premises, including all changes, alterations or additions ordered by any lawfully constituted government authority directly related to Tenant's use of the premises. Page:1

2 Tenant shall (a) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety, (b) keep that part of the premises that Tenant occupies and uses as clean and safe as the condition of the premises permit, (c) dispose from the dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner, (d) keep all plumbing fixtures in the dwelling unit or used by Tenant as clean as their condition permits, (e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, (f) not deliberately or negligently destroy, deface, damage, impair or remove a part of the premises, or knowingly permit a person to do so, and (g) conduct himself or herself in a manner that will not disturb a neighbor's peaceful enjoyment of the premises. Tenant acknowledges that Tenant has inspected Premises and that it is fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. 10. APARTMENT RULES AND REGULATIONS. Tenant agrees to obey and follow any and all apartment rules and regulations. 11. PARKING. Tenant shall be entitled to use existing parking space(s) for the parking of motor vehicle(s). 12. STORAGE. Tenant shall be entitled to store items of personal property in premises during the term of this Lease. Landlord shall not be liable for loss of, or damage to, such stored items. 13. KEYS. Tenant will each be given 1 key(s) to the Premises and 0 mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged $ If any locks are changed prohibiting Landlord access into any portion of the resident, the Landlord can immediately rekey at Tenants cost. 14. LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged $ UTILITIES AND SERVICES. Unless otherwise noted, Tenant shall be responsible for all utilities and services in connection with the Premises. All utilities most be turned on within 24 hours of occupancy and kept on for the duration of the lease. Tenant will be charged a penalty of $75.00 for any turned off services including all dis/connect fees. Exceptions: 16. TAXES. Landlord shall pay all real estate taxes and assessments which may be levied against the Premises. Tenant shall be responsible for all personal taxes or assessments that result from the Tenant's use of the Premises. 17. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon sixty (60) days` written notice to Tenant that the Premises have been sold. 18. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are damaged or destroyed by fire or other casualty to the extent that enjoyment of the dwelling unit is substantially impaired, Landlord, in its sole discretion may elect to repair the Premises or terminate the Lease upon thirty (30) days' written notice to Tenant. If the Premises are condemned or cannot reasonably be repaired, this Lease will terminate upon twenty (20) days' written notice by either party. Tenant shall give Landlord immediate notice of any damage to the Premises. 19. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of the Tenant), and acknowledges that the Premises are in a 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 Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord. 20. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provision of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 5 days) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action shall be added to Tenant's financial obligations under this Lease. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. 21. LATE PAYMENTS. For any payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of $ Rent not paid in full by fifth day of the month in which it is due shall be late. Landlord may, but shall have no obligation to accept any rent not received by fifth day of the month. If late payment is made and Landlord accepts the same, the payment must be in the form of cash, cashier's check or certified check and must include an additional rent amount of $ (late fee). and if applicable, a service charge of $38.00 for any returned check. Landlord reserves the right, upon notice to Tenant, to refuse to accept Page:2

3 personal checks from Tenant after one or more of Tenant's personal checks have been returned by the bank unpaid 22. HOLDOVER. Tenant shall not remain in possession of the within leased premises after the expiration of this lease. Any holding of the leased premises by tenant after the expiration of this lease without lessee a written or signed renewal thereof or written consent from the landlord shall not constitute a Tenant-at-Will interest in behalf of the tenant; but shall become a tenant at sufferance. There shall be no renewal whatsoever of this lease by operation of the law. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to 150% of the most recent rate preceding the Holdover Period (or the maximum amount allowed by law if less). 23. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. 24. NON-SUFFICIENT FUNDS. Tenant shall be charged $38.00 (or the maximum amount allowable under applicable law if less) for each check that is returned to Landlord for lack of sufficient funds. Landlord reserves the right, upon notice to Tenant, to refuse to accept personal checks from Tenant after one or more of Tenant's personal checks have been returned by the bank unpaid. 25. REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall be allowed to conduct any construction or remodeling (at Tenant's expense) only with the prior written consent of the Landlord. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. 26. ACCESS BY LANDLORD TO PREMISES. After providing reasonable advance notice, or with Tenant's consent, Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last seven months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants. 27. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except due to Landlord's negligent acts or omissions. 28. DANGEROUS MATERIALS. Tenant shall not have or keep on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord. 29. MECHANIC'S LIENS. Neither Tenant nor anyone claiming through Tenant shall have the right to file mechanic's liens or any other kind of lien on the Premises. Further, Tenant agrees to (i) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor or services that such liens will not be valid, and (ii) take whatever additional steps that are necessary in order to keep the premises free from all liens resulting from construction done by or for the Tenant. 30. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises. 31. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord. 32. NOTICE. All notices shall be given to the parties, in the case of Tenant, to the address of the premises, and in the case of Landlord, to the place at which rent is then being paid. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such notice shall be considered received on the third day after it is deposited in the U.S. Mail, registered or certified, properly addressed, return receipt requested, and postage prepaid. 33. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Georgia. 34. ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. 35. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, Page:3

4 and enforced as so limited. MBRT-CS PROPERTIES 36. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. 37. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns. 38. SPECIAL STIPULATIONS: A. Roommate Clause: Should tenant lose a roommate for any reason during the term of this lease, the total amount of the rent must be paid. The tenant may pursue the roommate who left, add another roommate (with approval from landlord) or divide the total rent by the existing roommates in the unit. All parties agree to pay the full rent until the lease expires and each tenant individually guarantees the total rent for the property until lease expires. B. Renewal Term: Tenant(s) understand and agree that they have until January 1 st to renew current lease for an additional 12 months. If tenant(s) fail to renew leases by the deadline mentioned herein, they understand that they may forfeit their option to renew the lease. Tenant(s) also understand and agree that there will be no proration in rent payment and tenant(s) will be responsible for paying the full amount as outlined in lease. C. Use: Any other person who moves in and stays longer than 7 days shall be considered a tenant and the rent will be raised by one hundred fifty dollars (150.00) per additional person per month. Landlord has the right to do routine house inspections without any given notice and property showings. D. Cleaning: Tenants understand and agree to a $ minimum cleaning fee to be taken out of the security deposit. However, this fee does not include removal of garbage or furniture and any hardship cleaning fees or damage. Tenant shall be responsible for stopped-up drains where such stoppage is caused by the introduction of grease or other foreign objects not intended for sewer disposal. E. A/C Filters: Tenant acknowledges that it is their responsibility to replace all filters for the heating and cooling units of the property on a monthly basis. If upon property inspection said filters are found to be removed or clogged, they will be replaced at the tenants cost. If damage occurs to the HVAC unit due to misuse of the filters, repair cost will be charged to the tenant as rent. F. Smoking: No smoking of any kind allowed on property at any time. Every time smoking is discovered within the premises, a $75.00 fee will be charged as rent. G. Fireplaces & Cookers/Grills: Fireplaces in all units will not be used to burn wood, coal, paper or any other substance. Most fireplaces are boarded up internally. Any damage done to the residence due to the using the fireplace will be the sole responsibility of the tenant. Tenants will not be allowed to have any type of cooker on a porch or balcony at any time. Fire pits will not be allowed and if one is found during house inspections, tenant will be charged a fee to repair the lawn. H. Abandonment: If Tenant removes or attempts to remove personal property from the Unit other than the usual course of continuing occupancy, without having first paid landlord all monies due, the property may be considered abandoned, and the landlord shall have the right, without notice, to store or dispose of any personal property left on the property by tenant. Landlord shall also have the right to store or dispose of any of Tenant s personal property remaining on the property after the termination of the lease. Any such personal property shall become landlord s property. I. Pest Control: Tenant agrees to have the property treated for ticks/fleas by professional exterminator and carpets cleaned by a professional carpet cleaner upon termination of this Lease (regardless of pet deposit) proof to be provided for the return of security deposit. J. Lawn and Exterior Maintenance: All lawn care is the Tenants responsibility unless otherwise notated in this lease. TheTenant shall keep the lawn mowed and edged, beds free of weeds, shrubs trimmed, trash and grass clippings picked up on a regular basis (minimum of once every two weeks in growing season and fall leaf season) and shall keep the Premises, including the yard, lot, grounds, walkways and driveway clean and free of rubbish, trash and debris. K. Smoke Detector: Tenant acknowledges that Premises is equipped with a smoke detector(s) that is in good working order and repair. Tenant agrees to be solely responsible to check the smoke detector every thirty (30) days and notify Landlord immediately if the smoke detector is not functioning properly. L. Freezing of Pipes: To help in preventing the freezing of pipes, Tenant agrees that when the temperature outside falls below 32 F, Tenant shall: (a) leave the thermostat regulating the heat serving Premises in an on position and set to a minimum of 60 F; and leave the faucets dripping. M. Mold and Mildew: Tenant acknowledges that mold and/or mildew can grow in any portion of the Premises or Property that are exposed to elevated levels of moisture and that some forms of mold and mildew can be harmful to their health. Tenant therefore agrees to regularly inspect the Premises for mold and/or mildew and immediately report to Landlord any water intrusion problems mold and/or mildew (other than in sinks, showers, toilets and other areas designed to hold water or to be wet areas). Tenant shall not block or cover any heating, ventilation, or air conditioning ducts located in the Premises. N. Appliances: Only the appliances described are provided by Landlord as part of this Agreement and included in this Lease. Tenant acknowledges that Tenant has inspected these appliances and that the same are in good working order and repair. Appliances included in lease are: Page:4

5 O. Rules and Regulations: 1. Tenant is prohibited from adding, changing or in any way altering locks installed on the doors of the Premises without prior written permission of Landlord which permission shall not be unreasonably withheld; provided that, Tenant provides Landlord with a key thereto and uses a type and make of lock approved by Landlord. 2. Motor vehicles shall only be parked on the paved portions of the Premises and the Property intended for use as parking spaces. 3. Motor vehicles with expired or missing license plates, non-operative vehicles and vehicles which drip oil or antifreeze shall not be parked or kept on the Premises or the Property. 4. No waterbeds shall be used on the Premises or Property without the prior written consent of the Landlord. 5. Tenant shall not shower in a shower which does not have a fully operational shower curtain or shower enclosure. 6. No space heaters or window air conditioning units shall be used to heat or cool Premises except with the written consent of Landlord. 7. Tenant shall only skateboard, skate, rollerblade or bicycle on paved portions of the Premises or Property and while wearing proper safety equipment. 8. No window treatments currently existing on any windows shall be removed or replaced by Tenant without the prior written consent of Landlord. No sheets, blankets, towels, cardboard, newspaper or other make-shift temporary window treatments shall be used on the Premises or Property. 9. Other than normal household goods in quantities reasonably expected in normal household use, no goods or materials of any kind or description which exceed the normal structural weight loads for the Premises or Property, are combustible or would increase fire risk or increase the risk of other injuries or casualties, shall be kept or placed on the Premises or Property. 10. No nails, screws or adhesive hangers except standard picture hooks, shade brackets and curtain rod brackets may be placed in walls, woodwork or any part of the Premises or Property. 11. Tenant shall not engage in any behavior in the Premises or on the Property, including, but not limited to, yelling, screaming, playing loud music, playing the television at an excessive volume that unreasonably disturbs other tenants in the sole, reasonable opinion of Landlord constitutes a nuisance. Tenant shall be responsible for ensuring that Tenant and members of Tenant's household and their invitees, licensees and guests comply with the Rules and Regulations applicable to Tenant set forth herein and any term, condition or provision of this Lease relating to the use of the Premises or Property and do not engage in any activity while on Property that is unlawful, would endanger the health and safety of others or would otherwise create a nuisance. In the event Tenant or any of the above- named parties are arrested or indicted for an unlawful activity occurring on Property and said charges are not dismissed within thirty(30) days thereafter, Tenant shall be deemed to be in default of this Lease and Landlord may terminate this Lease immediately. For the purpose of this Lease, an unlawful activity shall be deemed to be any activity in violation of local, state or federal law. 12. All appliances, equipment and systems on or serving the Premises shall only be used in accordance with the manufacturer s operating instructions. 13. Tenant shall not flush down a toilet any sanitary napkins, paper towels, diapers or other item not intended to be disposed of in a toilet. 14. The Premises shall only be used for residential purposes. No trade or business uses shall be permitted except with the prior written consent of Landlord and provided that such use is permitted under applicable zoning laws. 15. Any product or material that is a potential environmental hazard shall only be disposed of in accordance with all applicable federal laws and regulations. Page:5

6 BY SIGNING BELOW, TENANT ACKNOWLEDGES RECEIPT OF THE RULES AND REGULATIONS GOVERNING THE PREMISES AND AGREES TO BE BOUND BY THEM. LANDLORD MBRT-CS Properties TENANT: Page:6

7 RESIDENTIAL APARTMENT LEASE INSPECTION CHECKLIST Tenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below: SATISFACTORY COMMENTS Bathrooms Carpeting Ceilings Closets Dishwasher Disposal Doors Fireplace Lights Locks Refrigerator Screens Stove Walls Windows Window coverings Tenant: Acknowledged by Landlord: MBRT-CS Properties Page:7

8 RESIDENTIAL APARTMENT LEASE DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT 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 managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention. Landlord's Disclosure (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) X Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the landlord (Check (i) or (ii) below): (i) Landlord has provided the tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents): (ii) X Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Tenant's Acknowledgment (initial) (c) Tenant has received copies of all information listed above. (d) X Tenant has received the pamphlet Protect Your Family From Lead In Your Home. Certification of Accuracy 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. Tenant: Page:8