STATE OF SOUTH CAROLINA ) ) CAMPUS CENTER APARTMENTS COUNTY OF CHARLESTON ) Rental Agreement (LEASE)

Transcription

1 STATE OF SOUTH CAROLINA ) ) CAMPUS CENTER APARTMENTS COUNTY OF CHARLESTON ) Rental Agreement (LEASE) This Rental Agreement ( Lease ) is entered into between Charleston College Housing, a South Carolina limited liability company hereinafter known as LANDLORD, and Jonathan Anderson hereinafter known as TENANT, this 03/20/2014, at Charleston, South Carolina, for a living space in the Campus Center Apartments, 50 George Street, Charleston, SC, as described herein. BACKGROUND: CAMPUS CENTER APARTMENTS (the Building ) consist of two, three, and four bedroom apartments (each an Apartment ). This Lease is for a bedroom (the Premises ) located within an Apartment, and the rental of which gives the TENANT the right in common with the other tenants in the Apartment to use the common areas of the Apartment (including the living room, assigned bathrooms, and kitchen and laundry areas) and the right in common with the other tenants in the Building to use the common areas of the Building (including the hallways, stairways, and other designated common areas. All responsibilities of TENANT with respect to the Apartment shall be shared jointly and severally with the other tenants in the Apartment. The particular Apartment and Premises as defined under this Lease shall be assigned to TENANT prior to the beginning of the term of the Lease. 1. USE AND OCCUPANCY. This Lease is for a 2 BR Typical Apartment. Each TENANT shall occupy his or her Premises and Apartment only as a dwelling unit and shall not conduct or permit any illegal activities therein. Any violation is cause for immediate eviction by the LANDLORD. Occupancy within an Apartment shall be limited to the tenants who signed this Lease. No house guests are allowed beyond a two (2) day period without prior written approval of the LANDLORD. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPATABILITY OR CONDUCT OF ANY ROOMMATES IN THE APARTMENT. IN NO EVENT WILL LANDLORD BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND TO TENANT ARISING FROM THE CONDUCT OF ANY OF TENANT S ROOMMATES OR OTHER BUILDING RESIDENTS. 2. TERM. The LANDLORD leases the Premises to the TENANT, subject to the provisions of this Lease, for a term of twelve (12) months beginning 12 noon 08/01/2014, and ending at 12 noon 07/31/2015 (the Term ). It is specifically understood and agreed that this legally binding contract requires TENANT to comply with all provisions of this Lease, including the payment of rent, for a period of twelve (12) MONTHS. 3. RENT. The rent for the term of this Lease is $12, payable to " Charleston College Housing ", in monthly installments due on the first day of each month of the Term in the amount of $ beginning August 1 st, c/o McAlister Management Company, 106 Pitt Street, Mt. Pleasant, SC Alternately, rent payments may be hand delivered to the resident manager. PROMPT PAYMENT OF RENT IS OF THE ESSENCE OF THIS AGREEMENT. TENANT has no right to withhold rent for any reason (except as specifically provided elsewhere in this Lease), even as a result of an Act of God, or to reduce the rent payable hereunder for any reason. When rent is paid by check, LANDLORD is authorized to either process the payment as a check transaction or to use the information from the check to make a one-time electronic funds transfer from your account. LANDLORD is not required to accept a personal check for a late payment of rent. Any holding over will be on a tenant at will basis at an immediate fifty (50%) percent increase in the rental rate. Resident accepts financial responsibility for the full Term of the Agreement, regardless of whether the assigned bedroom space is occupied for the full Term or at all. 4. UTILITIES. The following utilities are included in the Total Rent set forth in this Agreement: Internet, Satellite Television, Water/Sewer, and Trash Disposal. For Electricity, each apartment will be given an allowance of $30 per bedroom. Electricity charges exceeding the $30 per bedroom monthly allowance will be divided equally between the tenants of the apartment and payment will be due within 15 days of the billing date. 5. SECURITY. TENANT accepts full financial responsibility for any and all damages to the Apartment incurred as a result of this tenancy. TENANT has deposited Three Hundred Fifty Dollars ($350.00) with Landlord as a security deposit for this Lease. Said security deposit will be returned without interest within thirty (30) days after lease termination provided the Apartment is clean and in like condition as when received and provided TENANT does not owe any rent or has not otherwise violated the terms of this Lease. Upon termination of the tenancy, the security deposit may be applied by LANDLORD to the payment of accrued rent and the amount of damages which the LANDLORD has suffered. Any deduction from the security deposit must be itemized by the LANDLORD in a written notice to the TENANT together with the amount due, if any, within thirty (30) days after termination of the tenancy. LANDLORD has the right to compensation for damages if TENANT violates the terms of this Lease, Page 1 of 5

2 including without limitation unpaid rent, repairs, cleaning, and/or to restore said Premises and Apartment to the condition when received, ordinary wear and tear excepted. TENANT agrees to pay any amounts due and owing within thirty (30) days of the presentation of an itemized bill by the LANDLORD. TENANT shall furnish the LANDLORD with a forwarding address on termination of the Lease. The last month s rent may not be deducted from the security deposit. 6. LATE CHARGES AND RETURNED CHECKS. Other than the first month s prorated rent which is due on Lease signing, Rent is due in advance on the first day of each month of the Term. IF RENT IS NOT PAID WITHIN (5) DAYS OF THE DUE DATE, LANDLORD MAY TERMINATE THIS LEASE. If monthly rent is not paid in full by the fifth day of the month a late charge of ten (10%) percent will be applied. Returned (NSF) checks will be subject to a $40.00 charge, plus a late charge if payment is not made before the sixth (6th) day of the month. Notwithstanding the foregoing, if any check of the TENANT for the security deposit or the first month's rent is returned because of insufficient funds, LANDLORD may void this Lease. 7. POSSESSION. If there is a failure to deliver possession of the Premises at the commencement of this Lease, LANDLORD shall have no liability therefor, but rent shall be abated pro-rata daily until occupancy is available. 8. INSPECTION. Inspection will be made by LANDLORD within three (3) working days after TENANT has vacated the Apartment between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday. Inspection will not be made on holidays or weekends. TENANT has the right to be present during the inspection, and TENANT's failure to appear at the inspection may constitute TENANT's acceptance of LANDLORD's inspection report as conclusive and final. 9. PETS. TENANT shall not keep domestic or other animals on or about the Apartment. This includes dogs, cats, ferrets, hamsters, gerbils, snakes, birds, fish, or any other animal. Any violation is cause for immediate termination of the Lease by LANDLORD. Page 2 of 5 Initial 10. CONDITION OF PREMISES. TENANT acknowledges inspection of the Premises and agrees it is safe, fit and habitable and that the electric, plumbing, heating, and air-conditioning system and all appliances and furniture furnished by LANDLORD and listed on Schedule A to this Lease are in good condition. The acceptance of possession by the TENANT is an acknowledgment that the Apartment is clean and in good condition. All furniture & appliances are the property of the LANDLORD and cannot be removed by the TENANT without the LANDLORD'S prior written permission. On the termination of this Lease, TENANT agrees to vacate the Apartment, remove all personal property and leave it in the same clean, good condition as when accepted by TENANT. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT TENANT'S SECURITY DEPOSIT SECURES COMPLIANCE WITH THIS REQUIREMENT, INCLUDING THE REQUIREMENT THAT ALL PERSONAL PROPERTY BE REMOVED AND THE APARTMENT BE LEFT IN A CLEAN, HABITABLE CONDITION. WE MAKE NO EXPRESS WARRANTIES AND DISCLAIM ANY AND ALL IMPLIED WARRANTIES WITH REGARD TO THE APARTMENT, FIXTURES, APPLIANCES AND FURNITURE. 11. MAINTENANCE AND REPAIR. a. LANDLORD agrees to make repairs and keep the premises in a fit and habitable condition, maintain all electrical, plumbing, sanitary, heating, ventilation, air conditioning, appliances, and other facilities owned by LANDLORD. The LANDLORD agrees to comply with the South Carolina Residential Landlord and Tenant Act in Article II, Section 21 (a). The TENANT will keep the Apartment safe and clean. TENANT shall not negligently destroy, deface, impair or remove any part of the Apartment or knowingly allow any person to do so. TENANT will keep sinks, lavatories, and commodes open, immediately report any malfunction, replace bad light bulbs, repair any damage to screens, interior walls and doors, at TENANT's expense. TENANT will report to the LANDLORD any malfunction of, or damage to, electrical, plumbing, heating or air conditioning systems. TENANT will pay the cost of repairs made necessary by willful, negligent or careless use of the Apartment, including repairs to electrical, plumbing, heating and cooling systems as well as floor coverings, carpeting and appliances, and pay for repairs resulting from theft, malicious mischief or vandalism by TENANT or TENANT's guests or invitees. In the event of mechanical, electrical, or water difficulties, LANDLORD will make reasonable efforts to restore service. No rent abatement will be given because of inability to restore service, nor liability for any inconvenience or damage to TENANT property. TENANT is financially responsible for routine maintenance including, but not limited to, stoppage of sewer because of misuse, broken water pipes or fixtures due to neglect or carelessness of TENANT. TENANT is responsible for damage caused by TENANT's appliances and/or furniture, for changing air filters in heating and air conditioning systems, and for reporting water leaks. TENANT will be liable for damage to heating and air conditioning systems caused by TENANT OR TENANT s invitees. b. SMOKING IS NOT PERMITTED IN ANY APARTMENT OR PREMISES. TENANT understands and agrees that any damage caused by or related to smoking shall not constitute ordinary wear and tear. LANDLORD will deduct from TENANT's security deposit any amount sufficient to repair all damage and to compensate for all costs incurred in cleaning and /or repairing damage caused by or related to smoking, including, but no limited to, deodorizing the Apartment, sealing and painting the walls and ceilings, and repairing or replacing carpet and/or pads. Initial

3 12. PEST CONTROL. TENANT will immediately report any pest problem. If it is reasonably determined by LANDLORD that TENANT is responsible for any pest problem, TENANT shall be responsible for expenses incurred by LANDLORD in remedying the pest problem, which expenses shall be additional rent hereunder. 13. INSURANCE. LANDLORD does not carry insurance which covers TENANT's personal property or personal liability. TENANT is advised to obtain his/her own renter's insurance. TENANT must comply with all requirements of LANDLORD's insurance carrier and will not cause cancellation or increase in the cost of insurance thereon. 14. TERMINATION. Once this Agreement is signed by LANDLORD and TENANT, TENANT can terminate occupancy by providing written notice to LANDLORD and by fully vacating the Premises, providing that in all cases TENANT will remain fully responsible for the Total Rent that would have accrued under this Agreement, through the end of the original term, accelerated and payable at the time of termination. No exception can be made for financial hardship, academic changes, family matters, medical issues, roommate conflict or any other reason. The LANDLORD may terminate this lease for: (1) Drug-related criminal activity engaged in, on, or near the premises, by any TENANT, or guest, and any such activity engaged in or on the premises by any other person under the tenant s control; and/or, 2) Criminal activity by a TENANT, a guest or another person under the tenant s control; that threatens the health, of the Premises by other residents, or that threatens the health safety, or right to peaceful enjoyment by persons residing in the immediate vicinity of the premises. TENANT authorizes LANDLORD to conduct follow up Criminal Records checks and agrees to report any criminal activity alleged against Tenant to Landlord within seven (7) days of said allegation. 15. SUB-LETTING AND ASSIGNMENT. This Lease may not be assigned nor the Premises or Apartment sublet without the prior written consent of the LANDLORD. In the event LANDLORD does consent to any assignment or sublease, TENANT and TENANT s guarantors shall remain liable hereunder notwithstanding. 16. RESPONSIBILITY. Each tenant who signs a lease with respect to an Apartment is jointly and severally responsible for the obligations therein excepting rent payable by any other TENANT of an Apartment. 17. GUIDE. TENANT agrees that the TENANT will be bound by the rules and regulations set forth in the Guide to Campus Center Apartment Living (the Guide ) which will be delivered to TENANT prior to the beginning of the Term, and agrees that the terms and conditions contained in the Guide (as such Guide may be revised from time to time) are incorporated herein by reference as fully as if set forth in this Lease. LANDLORD reserves the right to refuse admission or cancel this Lease at any time if the TENANT violates the policies contained in the Guide.. Page 3 of 5 Initial 18. REGULATIONS. The following are not permitted and are subject to confiscation by LANDLORD: heaters, birds, cats, dogs and other animals, grills, electrically amplified musical instruments, amplifiers with stereo sets, drums, drum sets; any items found not in compliance with the Guide. TENANT is responsible for the condition of his or her Apartment. LANDLORD reserves the right to levy and collect charges for damages due to unauthorized use of or alterations of rooms, equipment, or buildings, and for special cleaning necessitated by improper care of rooms or equipment. TENANT should inspect the Apartment upon arrival and give notice of any damages or malfunctioning equipment. TENANT agrees to indemnify and hold harmless LANDLORD from any and all suits, claims, demands, liabilities, costs and expenses, including reasonable attorney's fees, resulting from or arising out of any injury to TENANT, TENANT s invitees, TENANT s personal property, or the property of others while in the possession of TENANT. Initial 19. DEFAULT. If TENANT fails to perform any of the terms of this rental agreement other than non-payment of rent, LANDLORD shall have the remedies available to it under the South Carolina Residential Landlord and Tenant Act. If there is a non-compliance with this Lease for non-payment of rent, LANDLORD may terminate this Lease. If the Lease is terminated, the LANDLORD has a right to possession, rent and a separate claim for actual damages for breach of the Lease and reasonable attorney's fees. 20. ENTRY BY LANDLORD. TENANT will allow LANDLORD and/or its agent to enter into the Apartment and Premises to inspect, make necessary repairs, decorations, alterations, improvements, supply necessary services, or exhibit the Apartment in accordance with The South Carolina Residential Landlord and Tenant Act. 21. PARKING. Parking is available on a first come first serve basis and is located in the City of Charleston owned St. Philip Street Parking Garage. The monthly parking fee (which is subject to change at any time and from time to time) $ per month. TENANT is responsible for confirming such rate.

4 22. ALTERATIONS. TENANT is forbidden to change, remove, or add locks, paint, mark, drive nails, screw into, or otherwise deface or alter the walls, ceilings, floors, windows, cabinets, woodwork, stone, ironwork, or any other part of the Apartment or Building. Upon termination, TENANT will restore the Apartment to its original condition, safety and appearance, ordinary wear and tear excepted. TENANT will promptly reimburse LANDLORD for any restoration expenses. 23. APPLICATION. LANDLORD is relying on the information provided by TENANT in the rental application. If any material fact is false, LANDLORD can terminate the tenancy and collect from the TENANT any damages resulting therefrom including lost rent and reasonable attorney fees. TENANT has reached the South Carolina age of majority which is 18 years. 24. ABANDONMENT. If during the term of TENANT's occupancy, prior to the expiration of this Lease, TENANT vacates or abandons the Apartment, LANDLORD has the right to enter into and repossess the Apartment and Premises. In the event TENANT is required to be absent from the Premises and Apartment for a period of more than thirty (30) days consecutively, notice of such fact should be given to the LANDLORD/Agent. Absence from the premises for a consecutive period of more than thirty (30) days without prior notice may be determined to be abandonment. TENANT's obligation to pay rent through the rental term of this Lease as it accrues shall continue after abandonment. 25. PARTIAL INVALIDITY. If any clause or provision of this Lease is illegal, invalid, or unenforceable under present or future laws enacted during the term of this Lease, then and in that event it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby and it is invalid or unenforceable there be added a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. 26. CONSTRUCTION OF LEASE. This Lease, shall be construed as a South Carolina contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both the LANDLORD and the TENANT. The captions and marginal notes are used only as a matter of convenience and are not be considered a part of this Lease or to be used in determining the intent of the parties to it. 27. NOTICE AND SERVICE. Any notice required or authorized to be given hereunder pursuant to applicable law shall be sent by certified or registered mail or hand delivered to the following addresses: TENANT at the address of the Apartment and LANDLORD at the address to which rent payments are made. The name and address of the party authorized to act on behalf of the owner as agent is McAlister Management Inc. Agent for Charleston College Housing, LLC, 106 Pitt Street, Mt. Pleasant, SC Service of process may be made upon said agent and said agent is authorized to receive notice or demands under this Lease. 28. LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, TENANT, FOR HIMSELF OR HERSELF AND ALL OTHER PARTIES, RELEASES LANDLORD FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES AND/OR DAMAGES FOR (i) LOSS OR THEFT OF TENANT S AND ANY OTHER PARTY S PERSONAL PROPERTY, (ii) ACCIDENTS OR INJURIES TO TENANT OR ANY OTHER PARTY, IN OR ABOUT THE APARTMENT OR THE BUILDING, AND/OR (iii) MOLD, MILDEW OR OTHER POTENTIALLY HEALTH AFFECTING SUBSTANCES OR CONDITIONS IN THE APARTMENT. TENANT ASSUMES FOR HIMSELF OR HERSELF AND ANY OTHER PARTIES, ANY AND ALL RISKS FROM ANY ACCIDENTS IN CONNECTION WITH USE OF THE APARTMENT AND INTERIOR AND EXTERIOR AREAS, IT BEING UNDERSTOOD THAT ALL SUCH AREAS AND FACILITIES ARE GRATUITOUSLY SUPPLIED FOR TENANT S USE, AND AT THE USER S SOLE RISK. LANLORD IS NOT OBLIGATED TO PROVIDE ANY HEALTH OR MEDICAL CARE TO TENANT OR TAKE ANY ACTION WITH RESPECT TO ANY MEDICAL CONDITION, ALLERGY OR DIETARY PREFERENCES. TENANT HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD LANDLORD HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CAUSES OF LOSS, CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, FINES, PENALTIES, REMEDIATION COSTS AND EXPENSES OF WHATSOEVER KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULTING FEES, THAT LANDLORD MAY AT ANY TIME SUSTAIN OR INCUR BY REASON OF ANY AND ALL CLAIMS ASSERTED AGAINST LANDLORD TO THE EXTENT THAT SUCH CLAIMS AROSE OUT OF OR AS A RESULT OF ANY ACTION BY TENANT OR ANY BREACH OF THIS LEASE BY TENANT OR BY OTHERS, OTHER THAN LANDLORD. 29. SAFETY. TENANT MUST EXERCISE DUE CARE FOR TENANT S AND OTHERS SAFETY AND SECURITY. NONE OF LANDLORD S SAFETY MEASURES ARE AN EXPRESS OR IMPLIED WARRANTY OF SECURITY OR ARE A GUARANTEE AGAINST CRIME OR OF A REDUCED RISK OF CRIME. LANDLORD IS NOT LIABLE TO TENANT FOR INJURY, DAMAGE, OR LOSS TO PERSON OR PROPERTY CAUSED BY CRIMINAL CONDUCT OF OTHER PERSONS INCLUDING THEFT, BURGLARY, ASSAULT, VANDALISM, OR OTHER CRIMES OR TENANT S PERSONAL CONFLICT WITH ROOMMATES, OR ANY OTHER REASON. LANDLORD IS NOT OBLIGATED TO FURNISH SECURITY PERSONNEL, SECURITY LIGHTING, SECURITY GATES OR FENCES, OR OTHER FORMS OF SECURITY AND LANDLORD CAN DISCONTINUE ANY OF SUCH ITEMS PROVIDED AT ANY TIME WITHOUT NOTICE. TENANT UNDERSTANDS THAT LANDLORD HAS NOT MADE ANY REPRESENTATIONS, EITHER WRITTEN OR ORAL, TO TENANT CONCERNING THE SAFETY OF THE APARTMENT COMMUNITY OR THE PREMISES OR THE Page 4 of 5

5 EFFECTIVENESS OR OPERABILITY OF ANY SECURITY DEVICES OR SECURITY MEASURES AT THE BUILDING OR THE APARTMENT. TENANT UNDERSTANDS THAT LANDLORD DOES NOT WARRANT NOR GUARANTEE THE SAFETY OR SECURITY OF TENANT AGAINST ANY CRIMINAL, TORTIOUS OR WRONGFUL ACTS OF ANY PERSON. TENANT UNDERSTANDS THAT SECURITY DEVICES OR MEASURES MAY FAIL OR BE THWARTED BY CRIMINALS OR BY ELECTRICAL OR MECHANICAL MALFUNCTIONS. THEREFORE, TENANT UNDERSTANDS THAT TENANT SHOULD NOT RELY ON SUCH DEVICES OR MEASURES AND SHOULD TAKE STEPS TO PROTECT TENANT AND TENANT S PROPERTY AS IF THESE DEVICES OR MEASURES DID NOT EXIST. TENANT AGREES TO IMMEDIATELY NOTIFY LANDLORD OF ANY MALFUNCTIONS INVOLVING LOCKS, DOORS, PROTECTIVE DEVICES OR WINDOWS IN WRITING. TENANT HEREBY RELEASES ALL, AND COVENANT NOT TO SUE LANDLORD, AND WAIVES ANY AND ALL LIABILITY OF, AND ALL CLAIMS, SUITS, ACTIONS AND CAUSES OF ACTION AGAINST LANDLORD WITH RESPECT TO ANY AND ALL PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND ANY AND ALL OTHER OCCURRENCES SUFFERED AS A RESULT OF ANY CRIMINAL, TORTIOUS OR WRONGFUL ACT BY ANY PERSON, INCLUDING, WITHOUT LIMITATION, ANOTHER RESIDENT OF THE BUILDING. 30. MEGAN S LAW DISCLAIMER. LANDLORD has not made any investigation or inquiry under Megan s Law (Sex Offender Registration Law), and TENANT agrees to make such inquiry or investigation as TENANT deems necessary. TENANT hereby acknowledges that any information disclosed under Megan s Law may not be used with respect to the provision of housing or accommodations. By the acceptance of this Lease, TENANT releases LANDLORD and its management of any obligation or responsibility to obtain or to disclose such information to you. The South Carolina Law Enforcement Division keeps a current central South Carolina Sex Offender Registry, which is available on the Internet at TENANT: (X) Printed Name: Jonathan Anderson Social Security Number: - - Address:50 George Street, Charleston, SC address: lampwins@gmail.com Telephone Number: Cell Number: Work Number: ( ) LANDLORD: (X) McAlister Management Company, Inc. Agent for Charleston College Housing, LLC Mailing address: 106 Pitt St, Mt. Pleasant, SC (c://worddata/mcalister/3849.rental Agmt.Campus Center original.doc) Acceptance by : EDOCUMENT SIGNER ANTHONY MCALISTER 04/29/2014 ID : A FA-5923C39D8B7D Acceptance by : HEAD OF HOUSEHOLD JONATHAN ANDERSON 03/20/2014 Page 5 of 5 ID : FC7231CC-7B7A-487F-BD9B-86F9D156F8B0