LEASE PRACTICAL APPLICATIONS 11 Lease Practical For study purposes we are using the form that has been approved by the Georgia Association of REALTORS for a residential lease. Since a meeting of the minds between Landlord and Tenant at the very start of their relationship is the key to avoiding later misunderstandings, the form contains a considerable amount of detail. While an oral lease for one year or less might be legally binding, it is always prudent to have the agreement in writing. This form would not be adequate for complex transactions. The GAR forms package has several commercial leases, however, the parties might use the services of attorneys to draft their agreement. NARRATIVE SELLING AGENT: Robert Patterson PROPERTY: Crestview Ravine Apartments - MLS# 9994433 Property was built in 2012 ADDRESS: 1400 Crestview Ravine Drive, Atlanta, GA 30555 OWNER OF Crestview Ravine Apartments, LLC RECORD: 1776 Magnolia Street, Macon, GA 31201 Work Phone: 478-777-7171 E-mail: crestviewravine@cra.com MGMT. CO: Crestview Realty, Inc. 1400 Crestview Ravine Dr., #001 Atlanta, GA 30555 Broker is representing Landlord as a client and is authorized to manage the premises and property. Crestview Realty is a member of the Atlanta REALTORS Association. MLS Code CVWR01 Firm License # H-9876 Phone # 555-432-1009 Chapter 11-1
SALES AGENT & George Hopkins, salaried employee of CONTACT: Crestview Realty, Inc.License # 5556678 Phone: 555-432-1123 Fax: 555-432-1009 Email: georgehopkins@crestviewrealty.com TENANTS: On June 30, Brian and Kate Robertson, who are not represented by an agent, meet with George and complete a lease agreement for unit 323. Brian s Contact Info: 255 Wisteria Place, Apt 454 Savannah, GA 31414 Email: BrianRobertson@worldnet.com Cell Phone: 555-432-1068 Kate s Contact Info: 255 Wisteria Place, Apt 454 Savannah, GA 31414 Email: KateRobertson@worldnet.com Cell Phone: 555-432-5868 No material relationship exists between the Broker and either the Landlord or Tenants. LEASE TERM: RENT: A one-year lease beginning on August 1st $1,500 per month, payable in advance. Rent to be paid to the management company at their office address. SECURITY DEPOSIT: A security deposit equal to one month s rent will be kept in the managing Broker s trust account at the Southside Bank. The security deposit has been paid by personal check and is made payable to Crestview Realty Inc. OTHER LEASE PROVISIONS: If possession is not granted within 14 days of August 1st, the Tenants may terminate the lease. In the event rent is not received by 11:00 a.m. on the 5th day of the month, additional rent of $100.00 will be due. A $25 service fee will be added for any returned checks. Rent may be paid by check, certified check, money order, credit card, or ACH. Either party must provide a 60 day notice if not renewing the lease at the end of the term. $150 will be charged upon termination of the lease as a rekey charge. Non-refundable administrative fee to be $100.00. Neither pets nor smoking will be permitted. Chapter 11-2
Water, sewer, and trash pick up are to be provided by the landlord. Both the Tenant and the Landlord may terminate early with 60 days notice and the following provisions: Tenant: Abide by all requirements stated in the Lease Paragraph B. 11 Payment of an amount equal to one months rent no later than 60 days from the notice to terminate Payment of a $100 Administrative Fee not later than 60 days from notice to terminate Landlord: Credit the Tenant an amount equal to one month s rent The hold over rate is $200 per day. Lease amendment fee is $200. The apartment restricts occupancy to not more than a total of 6 people per 3-bedroom unit. (The Robertson family includes 2 children, Kelly and Kevin Robertson.) A dishwasher, free-standing range, and refrigerator are included with the property Tenant is not responsible for lawn care. Landlord will be responsible for pest control. No portion of the property has flooded within the last 5 years The Tenants have not received a copy of the Lead Based Paint Brochure The Tenant agrees to the following liquidated damages: Fee to halt dispossessory action $250 plus a $100 administrative fee Denial of access charge $100 Unauthorized pet charge $100 Unauthorized smoking charge $100 Utility disconnection charge $200 The lease may automatically renew at the end of the term and extend on a month- to-month basis. An Owners Disclosure form is not provided. A Move-in/Move-out form (F43) will be added to the lease. Chapter 11-3
THE CONTRACT The opening paragraph sets forth that this is a lease agreement between the Landlord and Tenant and creates mutuality. The form is divided into three sections. The key terms and conditions are inserted in the blanks in Section A and the corresponding paragraphs which explain those terms are found in Section B. Section C presents all of the additional provisions to which the parties agree. PARTIES. LANDLORD. The Landlord is identified. TENANT. The names of the tenants are entered on the lines provided. LEASE FOR RESIDENTIAL PROPERTY 2017 Printing For and in consideration of $10 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Landlord ( ) Crestview Ravine Apartments and the undersigned Tenant (, Brian Robertson, Katie Robertson ) do hereby agree as follows: Purchase & Sales Agreement Header & Logo SECTION A - KEY TERMS AND CONDITIONS SECTION B - CORRESPONDING PARAGRAPHS FOR SECTION A NOTE: Section B contains supporting documentation for each item of Section A although on different pages PRIMARY TERMS - AGREEMENT TO LEASE. The parties mutually agree that the lease will be for the property which is identified. The date to be filled in is not the date when the lease is to begin, but the date when it is being written. A. PRIMARY TERMS. The primary terms of this Lease are set forth in this Section and are subject to the explanations and clarifications set forth in Corresponding Paragraphs Section B of the Lease. Lease. Landlord agrees to lease to Tenant, and Tenant agrees to lease from Landlord, the Premises identified herein on this date of June 30, 20xx on the terms and conditions of which are set forth below. Lease For Residential Property Section A Primary Terms Chapter 11-4
1. PROPERTY ADDRESS. Provide the complete street address of the property being leased. Also known as the premises. 1. Property Address: 1400 Crestview Ravine Dr Unit 323 City Atlanta County Fulton Georgia 30555 ( Premises ) Lease For Residential Property Paragraph A1 1. Agreement to Lease. The parties agree to enter into this Lease for the Premises which may be further described in Exhibit A. The Premises may be part of a larger property ( Property ). If so, Tenant shall have the right to use the common areas of the Property subject to: (a) all rules, regulations and covenants applicable thereto; and (b) the common areas being reduced, modified, altered or being made subject to further use restrictions adopted by Landlord, in its sole discretion, or any community association responsible for the same. While Tenant may use and enjoy the Premises to the fullest extent permitted in this Lease, no estate or permanent legal interest in the Premises is being transferred or conveyed by Landlord to Tenant herein. Landlord shall have the right to assign this Lease to a subsequent owner of the Premises. Lease For Residential Property Paragraph B1 B. CORRESPONDING PARAGRAPHS 2. LEASE DATES / TERM AND POSSESSION. Blanks have been provided to enter the dates the lease will begin and end. If possession of the property is not delivered on the date promised, the rent will be prorated on a daily basis. If the property is not delivered on the date promised, a blank is provided for the number of days the Tenant must wait prior to canceling the lease and receiving a full refund of deposits Approved Delay Period. The Landlord and Broker are not accountable for delays in occupancy. 1. 2. Agreement Lease Start Date: to Lease. The August parties agree 1, 20xxto enter into Last this Day Lease of Lease for the ( Lease Premises End which Date ): may be further described July 31, 20xx in Exhibit A. The Premises Tenant may may terminate be part of this a larger Agreement property without ( Property ). penalty if If possession so, Tenant shall is not have granted the within right to use the 14common areas days of of the Lease Property Start subject Date to: ( Approved (a) all rules, Delay regulations Period ). and covenants applicable thereto; and (b) the common areas being reduced, modified, altered or being made subject to further use restrictions adopted by Landlord, in its sole discretion, or any community association responsible for the same. Lease While For Tenant Residential may use Property and enjoy the Premises Paragraph to the A2fullest extent permitted in this Lease, no estate or permanent legal interest in the Premises is being transferred or conveyed by Landlord to Tenant herein. Landlord shall have the right to assign this Lease to a subsequent owner of the Premises. 2. Term and Possession. If Landlord is unable to deliver possession of Premises on the Start Date, rent shall be abated on a daily basis until possession is granted. Neither Owner, Landlord or Broker shall be liable for any delay in the delivery of possession of Premises to Tenant. Lease 3. Rent. For Tenant Residential shall pay Property rent in advance Paragraph to Landlord monthly, B2 and on or before the Due Date during the Lease Term to the Rent Payment Address (or at such other address as may be designated from time to time by Landlord in writing). If the Lease Start Date or the Lease End Date is on the second day through the last day of any month, the rent shall be prorated for that month. 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 by Landlord will be 3. applied RENT. to the oldest outstanding balance owed by Tenant to Landlord. Rent not paid in full by the Due Date shall be late. Landlord may, but shall have no obligation to accept any rent paid after the Due Date. If late payment is made and Landlord accepts the same, the payment must include Additional Rent for Late Payment in the form of cash, cashier s check, certified check or wire transfer The amount of rent per month as well as the total amount due over the of immediately available funds, and if applicable, the Service Charge for any returned check. Landlord reserves the right, upon notice to Tenant, to refuse to accept entire personal term checks are from Tenant entered after one in or the more blanks of Tenant s provided. personal checks The have lease been returned also requires by the bank unpaid. that we specify to whom the rent will be paid and at what address. 4. Security Deposit. Check boxes indicate the form of payment and the time and date the a. Move-In Inspection: Prior to Tenant tendering a Security Deposit, Landlord shall provide Tenant with Move-In, Move-Out Inspection Form attached payment hereto and must incorporated be received. herein by reference The amount itemizing any of existing any damages late fee to Premises. also Prior entered. to taking occupancy, Tenant will be given the right to inspect Premises to ascertain the accuracy of the form. Both Landlord and Tenant shall If a convenience fee will be applied for payment by credit card, a blank sign the form and Tenant shall be entitled to retain a copy of the form. Tenant acknowledges that Tenant has carefully inspected the Premises, is familiar with is provided the same and to that enter the Premises the amount. are in a good and The habitable service condition. fee for a returned check or b. Deposit of Same: Holder shall deposit the Security Deposit within five (5) banking days of receiving the same into the bank and ACH payment is also specified. account referenced herein. If Landlord is managing the property, the Security Deposit may be deposited in a general account, and it will not be segregated and will be co-mingled with other funds of Holder. [NOTE: If Landlord or Rent Landlord s is spouse to be or paid minor in children advance own more and than ten must (10) rental actually units, if Landlord be received is not a natural on or person before if Landlord is a real estate the licensee Due or Date. if the management, Simply including mailing rent the collection, rent is performed will not by be third considered persons, natural payment. or otherwise, for a fee, the Security Deposit must be deposited into an escrow account.] All interest earned on The the above-referenced rent received account will shall be belong applied to the to Holder. the oldest Holder shall outstanding have the right to balance. change the bank If the in which the Security Deposit is held upon notice to and Tenant, provided that the type of account remains the same. Landlord rent is late, the Landlord is not required to accept payment. shall have the right upon fourteen (14) days prior notice to Holder and Tenant to change the Holder of the Security Deposit and / or the bank account into which the Security Deposit is deposited; provided that the new Holder designated by Landlord is a licensed Georgia real estate broker and the bank account into which the Security Deposit is deposited into is an escrow/trust account. c. Security Deposit Check Not Honored: In the event any Security Deposit check is dishonored, for any reason, by the bank upon Capitus Real which Estate it is drawn, Learning Holder shall promptly Center notify all 2018 parties to this Agreement of the same. Tenant shall have three Chapter (3) banking days 11 after - 5 notice to deliver good funds to Holder. In the event Tenant does not timely deliver good funds, Landlord shall have the right to terminate this Lease upon notice to Tenant. d. Return of Security Deposit: The balance of the Security Deposit to which Tenant is entitled shall be returned to Tenant by Holder within thirty (30) days after the termination of this Agreement or the surrender of Premises by Tenant, whichever occurs last
3. Rent. a. Rent: Tenant shall pay monthly rent of $. 1,000.00 The Total Rent Due From Tenant over the initial Lease Term shall be: $ 12,000.00 Rent Shall Be Payable To Crestview Realty, Inc. and delivered to: 1400 Crestview Ravine Dr., #001, Atlanta, GA 30555 ( Rent Payment Address ) unless another address is specified by the above-referenced party receiving the rent following the notice provisions herein. b. Due Date for Rent: Rent must be paid by Check Cash Certified Check Money Order Credit Card ACH or EFT. Rent shall be paid no later than by.m. 11:00 a on the 5th day of the month ( Due Date ). Rent paid after the Due Date shall be late and must include additional rent of $ 100.00 ( Additional Rent for Late Payment ). c. Credit Card: If rent is paid by Credit Card rent must include a credit card convenience fee of. N/A d. Service Charge: Tenant shall immediately pay Landlord a service charge of $ 25.00 ( Service Charge ) for all dishonored checks or rejected electronic (ACH) payments. Lease For Residential Property Paragraph A3 3. Rent. Tenant shall pay rent in advance to Landlord monthly, and on or before the Due Date during the Lease Term to the Rent Payment Address (or at such other address as may be designated from time to time by Landlord in writing). If the Lease Start Date or the Lease End Date is on the second day through the last day of any month, the rent shall be prorated for that month. 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 by Landlord will be applied to the oldest outstanding balance owed by Tenant to Landlord. Rent not paid in full by the Due Date shall be late. Landlord may, but shall have no obligation to accept any rent paid after the Due Date. If late payment is made and Landlord accepts the same, the payment must include Additional Rent for Late Payment in the form of cash, cashier s check, certified check or wire transfer of immediately available funds, and if applicable, the Service Charge for any returned check. 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. Lease For Residential Property Paragraph B3 4. SECURITY DEPOSIT. Blanks are provided to identify the amount of the security deposit as well as to whom the deposit will be paid. Check boxes are provided to indicate the form of the payment made either by check, cash, certified check, money order, credit card, or ACH. a. MOVE-IN INSPECTION. A Move-In, Move-Out Inspection Form itemizing any existing damage mustbe completed prior to the Tenant tendering any Security Deposit. b. DEPOSIT OF SAME. The deposit must be made within 5 banking days of receipt and interest will accrue to the Holder. c. SECURITY DEPOSIT CHECK NOT HONORED. If the check bounces, the parties must be immediately informed. The Tenant then has 3 days to deliver good funds or the Landlord has the right to terminate. 4. Security Deposit. a. Tenant shall pay Crestview Realty, Inc. as Holder a security deposit of $ 1,000.00 by: Check Cash Certified Check Money Order Credit Card ACH or EFT. b. Security Deposit Bank Account: The security deposit will be held in: Southside Escrow Account at Bank; OR General Account at Bank. Lease For Residential Property Paragraph A4 Chapter 11-6
4. Security Deposit. a. Move-In Inspection: Prior to Tenant tendering a Security Deposit, Landlord shall provide Tenant with Move-In, Move-Out Inspection Form attached hereto and incorporated herein by reference itemizing any existing damages to Premises. Prior to taking occupancy, Tenant will be given the right to inspect Premises to ascertain the accuracy of the form. Both Landlord and Tenant shall sign the form and Tenant shall be entitled to retain a copy of the form. Tenant acknowledges that Tenant has carefully inspected the Premises, is familiar with the same and that the Premises are in a good and habitable condition. b. Deposit of Same: Holder shall deposit the Security Deposit within five (5) banking days of receiving the same into the bank and account referenced herein. If Landlord is managing the property, the Security Deposit may be deposited in a general account, and it will not be segregated and will be co-mingled with other funds of Holder. [NOTE: If Landlord or Landlord s spouse or minor children own more than ten (10) rental units, if Landlord is not a natural person or if Landlord is a real estate licensee or if the management, including rent collection, is performed by third persons, natural or otherwise, for a fee, the Security Deposit must be deposited into an escrow account.] All interest earned on the above-referenced account shall belong to the Holder. Holder shall have the right to change the bank in which the Security Deposit is held upon notice to Landlord and Tenant, provided that the type of account remains the same. Landlord shall have the right upon fourteen (14) days prior notice to Holder and Tenant to change the Holder of the Security Deposit and / or the bank account into which the Security Deposit is deposited; provided that the new Holder designated by Landlord is a licensed Georgia real estate broker and the bank account into which the Security Deposit is deposited into is an escrow/trust account. c. Security Deposit Check Not Honored: In the event any Security Deposit check is dishonored, for any reason, by the bank upon which it is drawn, Holder shall promptly notify all parties to this Agreement of the same. Tenant shall have three (3) banking days after notice to deliver good funds to Holder. In the event Tenant does not timely deliver good funds, Landlord shall have the right to terminate this Lease upon notice to Tenant. d. Return of Security Deposit: The balance of the Security Deposit to which Tenant is entitled shall be returned to Tenant by Holder within thirty (30) days after the termination of this Agreement or the surrender of Premises by Tenant, whichever occurs last (hereinafter Due Date ); provided that Tenant meets the following requirements: (1) the full term of the Lease has expired; (2) Tenant has given the required written notice to vacate; (3) the Premises is clean and free of dirt, trash and debris; (4) all rent, additional rent, fees and charges have been paid in full; (5) there is no damage to the Premises or the Property except for normal wear and tear or damage noted at the commencement of the Lease in the Move-In Move-Out Inspection Form signed by Landlord and Tenant; and (6) all keys to the Premises and to recreational or other facilities, access cards, gate openers and garage openers have been returned to Landlord or Manager. e. Deductions from Security Deposit: Holder shall have the right to deduct from the Security Deposit: (1) the cost of repairing any damage to Premises or Property caused by Tenant, Tenant s household or their invitees, licensees and guests, other than normal wear and tear; (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; (5) late fees and any other unpaid fees, costs and charges referenced herein. f. Move-Out Statement: Holder shall provide Tenant with a statement ( Move-Out Statement ) listing the exact reasons for the retention of the Security Deposit or for any deductions there from. If the reason for the retention is based upon damage to Premises, such damages shall be specifically listed in the Move-Out Statement. The Move-Out Statement shall be prepared within three (3) banking days after the termination of occupancy. If Tenant terminates occupancy without notifying the Holder, Holder may make a final inspection within a reasonable time after discovering the termination of occupancy. Tenant shall have the right to inspect Premises within five (5) banking days after the termination of occupancy in order to ascertain the accuracy of the Move-Out Statement. If Tenant agrees with the Move-Out Statement, Tenant shall sign the same. If Tenant refuses to sign the Move-Out Statement, Tenant shall specify in writing, the items on the Move-Out Statement with which Tenant disagrees within three (3) banking days. For all purposes herein, a banking day shall not include Saturday, Sunday or federal holidays. Lease For Residential Property Paragraph B4 d. RETURN OF SECURITY DEPOSIT. Return of the security deposit will occur within 30 days after the lease ends or after the Tenant moves out, whichever is latest. The return of the deposit is conditioned on the completion of the full lease term, proper notice to vacate, property is clean and free of debris, all rent and fees are paid in full, no damage other than normal wear and tear, and all keys, access cards, gate openers and garage openers have been returned. e. DEDUCTIONS FROM SECUITRY DEPOSIT. Deductions from the security deposit can be made for any damage caused by the Tenant, unpaid rent, utility bills or pet fees, cleaning charges, the cost of disposing of personal property left behind, late fees, or any other unpaid fees. f. MOVE OUT STATEMENT. A move-out statement must be provided to Tenant, listing reasons for any funds withheld, within 3 days or within a reasonable time if Chapter 11-7
the Landlord was not informed when the Tenant would be departing. The Tenant can then make an inspection within 5 banking days after termination of occupancy and has 3 banking days to file objections to the statement. g. DELIVERY OF MOVE OUT STATEMENT. Delivery of the move-out statement and the balance due on the security deposit must be made before the due date, in person, or by 1st class mail. If it is undeliverable after 90 days, the Landlord can keep the money. h. RIGHT OF HOLDER TO INTERPLEAD SECUTIRY DEPOSIT. 5. NOTICES. If there is still a bona fide dispute, an interpleader action may be filed in court and the Holder s expenses deducted from the funds held. The winner in court can collect the expenses deducted and any other expenses from the loser. All parties agree to hold the Holder harmless. a. REQUIED NOTICE TO LEASE TERMINATION OR RAISING THE RENT. The number of days notice that either the Landlord or Tenant must give to terminate the lease at the end of the term is entered. If notice is not received, the lease will automatically renew. b. GENERALLY. Notices of any kind must be in writing and signed. Notices may only be delivered in person, by Deliver Service (courier, overnight delivery service, certified mail), or by e-mail and fax. c. DELIVERY OF NOTICE. Notice is deemed to have been delivered upon actual receipt when in person or when delivered by a Delivery Service. Notice is deemed to have been delivered when it is sent if by email or fax. d. WHEN BROKER AUTHORIZED TO ACCEPT NOTICE FOR CLIENT. The Broker and any affiliated licensee may accept notice on behalf of a client except when acting as a dual agent. Only the specific agent assigned in a designated agency may accept notice on behalf of the client. The Broker is not authorized to accept notice on behalf of a customer. 5. Notice Not to Renew Lease. A party electing not to renew the Lease shall be required to provide 60 days notice of the same to the other party. Lease For Residential Property Paragraph A5 Chapter 11-8
5. Notices. a. Required Notice to Lease Termination or Raising the Rent: Either party must provide the other party with the number of days notice to terminate the Lease set forth elsewhere herein. Landlord must provide Tenant with the same number of days notice prior to increasing the rental rate. b. Generally: All notices given hereunder shall be in writing, legible and signed by the party giving the notice. In the event of a dispute regarding notice, the burden shall be on the party giving notice to prove delivery. The requirements of this notice paragraph shall apply even prior to this Agreement becoming binding. Notices shall only be delivered: (1) in person; (2) by courier, overnight delivery service or by certified or registered U.S. mail (hereinafter collectively Delivery Service ); or (3) by e-mail or facsimile. The person delivering or sending the written notice signed by a party may be someone other than that party. c. Delivery of Notice: A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur: (1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written notice is delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written notice is electronically sent to an e-mail address or facsimile number of a party herein (or subsequently provided by the party following the notice provisions herein). Notice to a party shall not be effective unless the written notice is sent to an address, facsimile number or e- mail address of the party set forth herein (or subsequently provided by the party following the notice provisions herein). Brian Robertson d. When Broker Authorized to Accept Notice for Client: No Broker shall have the authority to accept notice on behalf of a Tenant or g. Delivery of Move-Out Statement: Holder shall send the Move-Out Statement, along with the balance, if any, of the Security Deposit, Landlord except that a Broker acting as the Manager hereunder shall be authorized to receive notices on behalf of Landlord and to Tenant on or before it is due under state law. The Move-Out Statement shall either be delivered personally to Tenant or mailed to notices delivered to Manager shall for all purposes herein be deemed to be notice to Landlord provided that the notice is delivered to the last known address of Tenant via first class mail. If the letter containing the payment is returned to Holder undelivered and if Manager following the notice proceedings set forth here to Manager s address, facsimile number or e-mail address of Manager set Holder is unable to locate Tenant after a reasonable effort, the payment shall become the property of Landlord ninety (90) days after forth herein (or subsequently provided by the Manager to Tenant following the notice provisions herein). the date the payment was mailed. Lease h. Right For Residential of Holder to Interplead Property Security Paragraph Deposit: B5 If there is a bona fide dispute over the Security Deposit, Holder may, (but shall not be required to), interplead the funds into a court of competent jurisdiction upon notice to all parties having an interest in the 323 Security Deposit. Holder shall be reimbursed for and may deduct from any funds interpleaded its costs and expenses 30555 including reasonable attorneys fees actually incurred. The prevailing defendant in the interpleader lawsuit shall be entitled to collect its attorneys fees and court costs and 6. the amount RE-KEY deducted LEASE FEE by Holder PAID FOR from BY the RESIDENTIAL non-prevailing TENANT party. UPON PROPERTY All parties LEASE hereby TERMINATION. agree to July indemnify 31, 20xx and hold Holder harmless from and against all claims, causes of action, suits and damages arising out of or related 14 to the performance by Holder of its duties hereunder. All parties further covenant and agree not to sue Holder for damages relating to any decision of Holder to disburse the Security Deposit made in accordance with the requirements of this Lease or to interplead the Security Deposit into a court of competent jurisdiction. tenant at end of the lease to re-key the locks. Crestview Realty, Inc. 2017 Printing For 5. 6. and Notices. Re-Key in consideration Fee Paid By of Tenant $10 and upon other Lease good Termination: and valuable consideration, $ the receipt and sufficiency 150.00 of which is hereby acknowledged, the undersigned a. Required Landlord Notice ( ) to Lease Crestview Termination Ravineor Apartments Raising the Rent: and Either the party undersigned must provide Tenant the other (, party with Brianthe Robertson number of days, Lease Katie notice For Robertson Residential to terminate the Property Lease ) set forth Paragraph elsewhere A6 herein. Landlord do hereby must agree provide as follows: Tenant with the same number of days notice prior to increasing the rental rate. A. PRIMARY TERMS. The primary terms of this Lease are set forth in this Section and are subject to the explanations and clarifications set b. Generally: All notices given hereunder shall be in writing, legible 5thand signed by the party giving the notice. In the event of a dispute forth in Corresponding Paragraphs Section B of the Lease. regarding notice, the burden shall be on the party giving notice to prove delivery. The requirements of this notice paragraph shall 6. Lease. Re-Key apply Landlord Fee. even Upon prior agrees to vacating this to Agreement lease the Premises to Tenant, becoming Tenant and binding. Tenant agrees agrees Notices to pay to shall the lease fee only to from be rekey delivered: Landlord, the locks (1) the set in Premises person; forth elsewhere (2) identified by courier, herein herein N/Aovernight either on this upon delivery date the of termination service or of by the certified June Lease or 30, to registered 20xx replace any U.S. mailbox (hereinafter keys or access on collectively the terms cards and not Delivery returned conditions Service ); by of Tenant which 25.00 or (3) at are move by set e-mail forth out. or below. facsimile. The person 1. Property delivering Address: or sending the written notice signed by a 1400 party Crestview may be someone Ravine Dr other than that party. Unit 323 Lease c. Delivery For Residential of Notice: Property A notice to a party Paragraph shall be deemed B6 to have been delivered and received upon the earliest of the following to City Atlanta County Fulton Georgia 30555 ( Premises ) occur: (1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written notice is 2. Lease delivered Start Date: to an address August of a party 1, 20xx set forth herein Last (or subsequently Day of Lease ( Lease provided End by the Date ): party following the July notice 31, provisions 20xx herein), provided that a record of the delivery is Tenant may terminate this Agreement without created; penalty (3) if possession in the case of is not delivery granted electronically, within on 14 the date and days time of the Lease written Start notice Date is ( Approved electronically Delay sent 7. Period ). to an NON-REFUNDABLE e-mail address or facsimile number ADMINISTRATIVE of a party herein (or subsequently FEE PAID provided BY by TENANT. the party following the 3. Rent. notice provisions herein). Notice to a party shall not be effective unless the written notice is sent to an address, facsimile number or e- a. mail Rent: address Tenant of shall the pay party monthly set forth rent herein of $. (or subsequently 1,000.00 provided by the party The following Total Rent the Due notice From provisions herein). 60 Tenant over the initial Lease d. When Term shall Broker be: Authorized $ to Accept Notice for Client: No Broker shall have the authority to accept notice on behalf of a Tenant or Landlord except that a cost 12,000.00 Broker of acting setting Rent as the up Shall Manager a new Be Payable hereunder tenant To shall in be the authorized Brokers Crestview to receive bookkeeping Realty, Inc. notices on behalf system. and delivered to: 1400 Crestview Ravine Dr., #001, Atlanta, GA 30555 of Landlord and notices ( Rent Payment delivered Address ) to Manager unless shall another for all purposes address herein is specified be deemed by the to above-referenced be notice to Landlord party provided receiving that the the rent notice following is delivered the notice to 7. Non-Refundable Manager provisions following herein. Administrative the notice proceedings Fee Paid by set Tenant: forth here $ to Manager s address, facsimile 100.00 number or e-mail address of Manager set forth herein (or subsequently provided by the Manager to Tenant following the notice provisions herein). b. Due Date for Rent: Rent Lease For Residential Property must be paid by Check Cash Certified Check Money Order Credit Card ACH or EFT. Paragraph A7 Rent shall be paid no later than by.m. 11:00 a on the 5th day of the month ( Due Date ). Rent paid after the Due Date 6. Re-Key Fee. Upon vacating the Premises Tenant agrees to pay the fee to rekey the locks set forth elsewhere herein either upon the shall be late and must include additional rent of $ 100.00 ( Additional Rent for Late Payment ). termination of the Lease or to replace any mailbox keys or access cards not returned by Tenant at move out. c. Credit Card: If rent is paid by Credit Card rent must include a credit card convenience fee of. N/A d. Service Charge: Tenant shall immediately 7. Administrative Fee. Prior to the commencement pay Landlord of a service charge of $ occupancy, Tenant shall pay Holder the 25.00 ( Service Charge ) for all non-refundable Administrative Fee set forth dishonored checks or rejected electronic (ACH) payments. elsewhere herein. 4. Security Deposit. Lease For Residential Property Paragraph B7 8. Pets. a. Tenant No pets shall are pay allowed or shall be kept in the Crestview Premises Realty, or on Inc. the Property unless a separate pet as Holder exhibit is a security attached deposit to and of incorporated $ into 1,000.00 this Lease. by: Check Cash Certified Check Money Order Credit Card ACH or EFT. b. Security Deposit Bank Account: The security deposit will be held in: 9. No Smoking. Escrow Unless Account specifically authorized in this Agreement, Premises shall be a smoke free zone and smoking shall not be permitted 8. at PETS. Southside Bank; OR General Account at Bank. therein. 5. Notice Not to Renew Lease. A party electing not to renew the Lease shall be required to provide 60 days notice of the 10. Utilities. same to the Landlord other shall party. have no responsibility to connect utilities the responsibility of which to pay for shall be that of the Tenant. Tenant 6. shall Re-Key select Fee and Paid connect By Tenant all exhibit utilities upon to Lease must be paid Termination: for be by attached. Tenant $ within three (3) banking days from the 150.00 commencement of the Lease and shall keep these utilities on through the completion of the Move-Out Inspection. In the event Landlord fails to disconnect any utilities serving 7. the Non-Refundable Premises after Administrative completing the Fee move Paid in inspection by Tenant: and $ Tenant receives the benefit of such 100.00 utilities paid for by Landlord, 60 Tenant shall, 8. upon Pets. receiving Tenant a bill shall for the or same, shall immediately not be allowed pay the to keep cost thereof pets on as the additional premises. rent If to pets Landlord. are allowed In addition, a separate Tenant 1,000.00 pet shall exhibit immediately must be cause attached any hereto such utility and is to incorporated be transferred into to this Tenant s Lease. name so that the bill goes to and is paid directly by Tenant. A blank is provided to insert the amount of the fee to be paid by the Enter the amount of any tenant paid administrative fee. This covers the Check boxes are provided to indicate if a pet is allowed and if so, a pet 11. Lease 9. Smoking. Early For Termination Residential Tenant shall by Tenant. Property or shall Paragraph not be allowed A8to smoke on or in the Premises. 200.00 10. a. Utilities. Right to Utilities Terminate provided Early: by Landlord: Tenant shall have Water the right Sewer to terminate Gasthis Lease Electricity early only if Trash Tenant Pickup has expressly Cable been given Nonethe right to Other: terminate the Lease early as provided elsewhere herein, Tenant is not in default hereunder at the time of giving notice, Tenant has strictly complied with all of the provisions of this paragraph, Tenant continues to pay rent on time and in full for the months prior to the 11. Early Termination Termination Date, by Tenant Tenant. pays Tenant any additional shall OR fees shall due per not this have section the right on to time terminate as set this out Lease in the early. Primary If Tenant Terms has section, a right and to terminate termination the Lease is of early, the last Tenant day must: of a calendar month. If all of these conditions have been met, Tenant may terminate this Lease by Capitus Real following a. Give Estate Landlord the procedures Learning no less set than forth Center elsewhere 60 days herein 2018 prior and notice returning of the the termination. Premises in a clean and rent ready condition, Chapter ordinary wear 11 and - 9 tear b. Comply excepted. in ALL To respects be effective, with any the notice requirements for early set termination out Paragraph must be signed B.11. by all Tenants. Tenant s election of early termination shall not relieve Tenant of responsibilities and obligations regarding damage to Premises and/or Property. Tenant may not apply the security c. Pay $ 1,000.00 deposit toward the payment or % N/A of any of Tenant s of the total financial rent that obligations otherwise set would forth have herein. been owed through the Lease End Date, not later than 0 days from the date Notice to Terminate is received.
g. Delivery of Move-Out Statement: Holder shall send the Move-Out Statement, along with the balance, if any, of the Security Deposit, to Tenant on or before it is due under state law. The Move-Out Statement shall either be delivered personally to Tenant or mailed to the last known address of Tenant via first class mail. If the letter containing the payment is returned to Holder undelivered and if Holder is unable to locate Tenant after a reasonable effort, the payment shall become the property of Landlord ninety (90) days after the date the payment was mailed. Lease Practical h. Right of Holder to Interplead Security Deposit: If there is a bona fide dispute over the Security Deposit, Holder may, (but shall not be required to), interplead the funds into a court of competent jurisdiction upon notice to all parties having an interest in the Security Deposit. Holder shall be reimbursed for and may deduct from any funds interpleaded its costs and expenses including reasonable attorneys fees actually incurred. The prevailing defendant in the interpleader lawsuit shall be entitled to collect its attorneys fees and 8. Pets. court No costs pets and are the allowed amount or deducted shall be kept by Holder in the from Premises the non-prevailing or the Property party. All unless parties a hereby separate agree pet to exhibit indemnify is attached and hold to Holder and incorporated harmless into from this and Lease. against all claims, causes of action, suits and damages arising out of or related to the performance by Holder of its duties hereunder. All parties further covenant and agree not to sue Holder for damages relating to any decision of Holder to disburse Lease For Residential Property Paragraph B8 the Security Deposit made in accordance with the requirements of this Lease or to interplead the Security Deposit into a court of competent jurisdiction. 9. SMOKING. 5. Notices. a. Required Notice to Lease Termination or Raising the Rent: Either party must provide the other party with the number of days notice to terminate the Lease set forth elsewhere herein. Landlord must provide Tenant with the same number of days notice prior to increasing the rental rate. Check boxes indicated if smoking is allowed or prohibited. If smoking is b. Generally: All notices prohibited given hereunder then shall be nowhere in writing, legible on the and signed property by the party is smoking giving the notice. allowed. In the event of a dispute regarding notice, the burden shall be on the party giving notice to prove delivery. The requirements of this notice paragraph shall apply even prior to this Agreement becoming binding. Notices shall only be delivered: (1) in person; (2) by courier, overnight delivery 9. Smoking. Tenant shall or LEASE FOR RESIDENTIAL PROPERTY service or by certified or registered shall not U.S. be mail allowed (hereinafter to smoke collectively on or in the Delivery Premises. Service ); or (3) by e-mail or facsimile. The person delivering or sending the written notice signed by a party may be someone other than that party. Lease c. For Delivery Residential of Notice: Property A notice to a party Paragraph shall be A9 deemed to have been delivered and received upon the earliest of the following to occur: (1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written notice is delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions 2017 Printing herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written notice is 9. No Smoking. Unless specifically authorized in this Agreement, Premises shall be a smoke free zone and smoking shall not be permitted For and electronically in consideration sent of to $10 an and e-mail other address good and or facsimile valuable consideration, number of a party the receipt herein and (or subsequently sufficiency of provided which is hereby the acknowledged, party following the therein. undersigned notice Landlord provisions ( ) herein). Crestview Notice to a Ravine party shall Apartments not be effective unless and the written undersigned notice is Tenant sent to an (, address, Brian facsimile Robertson number or e- Lease, Katie For mail Robertson Residential address of the Property party ) set forth Paragraph herein (or subsequently B9 do provided hereby agree by the as party follows: following the notice provisions herein). A. PRIMARY d. When TERMS. Broker Authorized The primary to terms Accept of this Notice Lease for are Client: set forth No Broker in this Section shall have and the are authority subject to accept the explanations notice behalf and clarifications of a Tenant set or forth Landlord in Corresponding except that Paragraphs a Broker acting Section as B the of the Manager Lease. hereunder shall be authorized to receive notices on behalf of Landlord and Lease. notices Landlord delivered agrees to Manager to lease shall to Tenant, for all and purposes Tenant herein agrees be deemed to lease to from be notice Landlord, to Landlord the Premises provided identified that the herein notice on is delivered this date to of Manager following 10. June the UTILITIES. notice 30, 20xx proceedings set forth here on to the Manager s terms and address, conditions facsimile of which number are or set e-mail forth below. address of Manager set forth herein (or subsequently provided by the Manager to Tenant following the notice provisions herein). 1. Property Address: 1400 Crestview Ravine Dr Unit 323 6. Re-Key Fee. Upon vacating Check the Premises boxes Tenant indicated agrees to the pay utilities the fee rekey for the which locks set the forth Landlord elsewhere herein is responsible. City Atlanta County Fulton Georgia 30555 either ( Premises ) upon the termination of the Lease The or to replace Tenant any has mailbox 3 keys days or access to connect cards not the returned utilities by Tenant paid at move for out. by the Tenant and 2. Lease Start Date: August 1, 20xx Last Day of Lease ( Lease End Date ): July 31, 20xx 7. Administrative Tenant may terminate Fee. Prior this all Agreement to the utilities commencement without are penalty to of remain occupancy, if possession on Tenant is through not shall granted pay Holder the within Move-Out the non-refundable 14 Inspection. days Administrative of the Lease Fee Start set Date forth elsewhere ( Approved herein. Delay Period ). 10. 3. Rent. Utilities. Utilities provided by Landlord: Water Sewer Gas Electricity Trash Pickup Cable None 8. Pets. a. Rent: No Tenant pets are shall allowed pay monthly or shall rent be of kept $. in the Premises 1,000.00 or on the Property The unless Total Rent a separate Due From pet Tenant exhibit over is attached the initial to Lease and incorporated Term Other: shall into be: this $ Lease. 12,000.00 Rent Shall Be Payable To Crestview Realty, Inc. Lease For and delivered Residential to: Property Paragraph 1400 A10Crestview Ravine Dr., #001, Atlanta, GA 30555 9. No ( Rent Smoking. Payment Unless Address ) specifically unless authorized another in address this Agreement, is specified Premises by the above-referenced shall be a smoke free party zone receiving and smoking the rent shall following not be the permitted notice therein. provisions herein. b. Due Date for Rent: Rent must be paid by Check Cash Certified Check Money Order Credit Card ACH or EFT. 10. Utilities. Rent shall Landlord be paid shall no have later no than responsibility by.m. 11:00 to connect a on utilities the the 5thresponsibility day of the of which month to ( Due pay for Date ). shall Rent be that paid of the after Tenant. the Due Tenant Date shall select be late and and connect must all include utilities additional to be paid rent for of by $ Tenant within three (3) 100.00 banking days from the commencement ( Additional Rent of the for Late Lease Payment ). and shall keep c. Credit these Card: utilities If rent on through is paid by the Credit completion Card rent of the must Move-Out include Inspection. a credit card In convenience the event Landlord fee of. fails to disconnect N/Aany utilities serving the d. Service Premises Charge: after completing Tenant shall the immediately move in inspection pay Landlord Tenant a service receives charge the of benefit $ of such 25.00 utilities paid for by ( Service Landlord, Charge ) Tenant shall, for upon dishonored receiving a checks bill for or the rejected same, immediately electronic (ACH) pay the payments. cost thereof as additional rent to Landlord. In addition, Tenant shall immediately 4. cause Security any Deposit. such utility to be transferred to Tenant s name so that the bill goes to and is paid directly by Tenant. Lease a. 11. Early For Tenant Termination Residential shall pay by Property Tenant. Paragraph Crestview B10 Realty, Inc. as Holder a security deposit of a. Right $ to Terminate 1,000.00 Early: Tenant by: shall have Check the right Cash to terminate Certified this Check Lease early Money only if Order Tenant has Credit expressly Card been ACH given or the EFT. right b. to Security terminate Deposit the Lease Bank early Account: as provided The security elsewhere deposit herein, will Tenant be held is not in: in default hereunder at the time of giving notice, Tenant has strictly Escrow complied Account with at all of the provisions Southside of this paragraph, Bank; Tenant OR continues General to Account pay rent at on time and in full for the months prior Bank. to the Termination Date, 11. Tenant EARLY pays any TERMINATION additional fees due BY per this TENANT. section on time as set out in the Primary Terms section, and 5. Notice termination Not to Renew is as of Lease. the last A day party of a electing calendar not month. to renew If all the of Lease these shall conditions be required have to been provide met, 60 Tenant may terminate days this notice Lease of the by same following to the the other procedures party. Provides set forth elsewhere for a herein possible and returning early the termination Premises a clean by and rent the ready Tenant condition, and ordinary list wear the and 6. Re-Key tear excepted. Fee Paid By To Tenant be effective, upon any Lease notice Termination: for early termination $ must be signed by all Tenants. 150.00 Tenant s election of early termination requirements if allowed. When a Tenant is called to active duty in the 7. Non-Refundable shall not relieve Administrative Tenant of responsibilities Fee Paid by and Tenant: obligations $ regarding damage to Premises 100.00 and/or Property. Tenant may not apply the security deposit toward the payment of any of Tenant s financial obligations set forth herein. military, the Tenant can terminate without penalty. When Tenants on 8. Pets. Tenant shall or shall not be allowed to keep pets on the premises. If pets are allowed a separate pet exhibit must be THIS FORM attached IS COPYRIGHTED hereto and AND is incorporated active MAY ONLY BE military into USED this IN REAL Lease. duty ESTATE are TRANSACTIONS transferred IN WHICH permanently, or IS temporarily INVOLVED AS A REAL for ESTATE at GEORGIA 9. Smoking. ASSOCIATION Tenant OF REALTORS shall least or AT 3 shall (770) months, 451-1831. not be allowed they to or smoke their on or families in the Premises. may vacate by paying no more than Copyright 2017 by Georgia Association of REALTORS, Inc. F40, Lease for Residential Property Page 4 of 12, 01/01/17 10. Utilities. Utilities provided 1 by month s Landlord: rent Water from Sewer time of notice Gas to Electricity Landlord Trash and Pickup the cost Cable of any None repairs. Other: 11. Early Termination by Tenant. Tenant shall OR shall not have the right to terminate this Lease early. If Tenant has a right to terminate the Lease early, Tenant must: a. Give Landlord no less than 60 days prior notice of the termination. b. Comply in ALL respects with the requirements set out in Paragraph B.11. c. Pay $ 1,000.00 or % N/A of the total rent that otherwise would have been owed through the Lease End Date, not later than 0 days from the date Notice to Terminate is received. d. Pay an Early Lease Termination Administrative Fee of $, not later than days from the date Notice to Terminate is received. Lease 12. Early For Termination Residential by Property Landlord. Landlord Paragraph shall have A11 the right to terminate the Lease early upon not less than 60 days notice and upon such termination and Tenant vacating the Premises, Landlord shall credit Tenant with the sum of $ 1,000.00 ( Early Termination Fee to Tenant ) which shall first be applied against any monies owing from Tenant to Landlord with the balance thereafter being paid to Tenant by Landlord. 13. Holding Over Rate. The daily rate for holding over beyond the expiration or termination of the Lease is $. 200.00 Chapter 11-10 GEORGIA ASSOCIATION OF REALTORS AT (770) 451-1831. Copyright 2017 by Georgia Association of REALTORS, Inc. F40, Lease for Residential Property Page 1 of 12, 01/01/17