P a g e 1 WILLOW CREEK APARTMENTS 145 Stephens Street Dahlonega, Ga 30533 Mailing Address 33Boyd Circle Dahlonega, Ga 30533 (706)864-3018 Lease Agreement THIS AGREEMENT IS MADE THIS day, 20, by and between Willow Creek Apartments (hereinafter called Leaser and/or Landlord), and (Hereinafter called Lessee or Resident, being the responsible parties only). In addition, children and other occupants shall be. The provisions of this agreement are binding and applicable to any and all individuals occupying the leased premises. Leaser hereby leases to Lessee and Lessee agrees to rent from Leaser the premises known as: On the following conditions: 145 Stephens Street Apartment # Dahlonega, Georgia 30533 1. TERM POSSESSION OF PREMISES TAKEN and TERM of lease begins on (date). LENGTH OF TERM is six months. LEASE EXPIRES ON (date). In the event that the Lessee remains in occupancy past the expiration date, then this Lease shall continue as a month to month Lease beginning on the day after the above expiration date until at least thirty (30) days written notice is provided by either party with all conditions as stated hereinafter remaining the same except for the rent which may be changed at the sole option of the Landlord by thirty (30) days written notice to the Lessee. The rental rate does not increase when this lease converts to a month to month rental basis. 2. RENT to be paid in advance on or before the first (1st) day of each month in which is due in monthly installments of eight hundred and 00/100 dollars ($ 800.00) without demand or deduction at our office or at such other place designated by Landlord. Any payments received via a credit card are subject to an additional $5 processing fee. The first month s rent shall be prorated as follows: PRO RATA RENT FOR days dollars ($ ). If Landlord does not receive Resident s rent by the close on the third (3rd) day of the month, a late charge in the amount of fifty ($50.00) dollars will be due as additional rent for such month, and for each month the rent remains unpaid. If Landlord does not receive Resident s rent by close of business on the tenth (10th) day of the month legal recourse will be taken, and an additional legal fee in the amount of one hundred twenty dollars ($120.00). In addition to the late charge, Resident shall pay Landlord a service charge of thirty five dollars ($35.00) for each returned check given to Landlord in payment of rent or other charges. Residents checks must be redeemed by cashier s check, certified check, or money order. In the event more than one check is returned, Resident agrees to pay all future rents and charges in the form of cashier s check, certified check or money order. 3. UTILITIES: Landlord shall furnish to Resident, the following utilities only: water up to $50 and electricity up to $100. Any overages will be charged to your rental account and must be paid immediately. 4. SECURITY DEPOSIT: Four Hundred dollars and 00/100 ($400.00). The deposit will be returned within thirty (30) days after the home is vacated, by check, payable to all Residents signing this lease if:
P a g e 2 a. Complete lease term has expired; or early termination elected per terms below and b. Proper written notification was given for vacating premises; and c. No damage to property beyond normal wear and tear; and d. All monies due Landlord by Resident have been paid; and e. Entire unit including appliances has been cleaned: and f. All keys have been returned; and g. All debris and rubbish are placed in proper rubbish containers and disposed of; and h. Forwarding address is left with Landlord; and i. Steam cleans all carpet. The Security Deposit may be applied by Landlord to satisfy all or part of the Resident s obligations above and by doing so Landlord shall not be prevented from claiming damages in excess of the amount of Deposit. The resident agrees that this Security Deposit may not be applied as rent, and the full monthly rent will be paid on or before the first (1st) day of each month including the last month of occupancy. 5. EARLY TERMINATION: Unless otherwise prohibited by applicable state law and provided Resident is not in default here-under at the terms of giving notice, resident may terminate this agreement before the expiration of the original term by: a. giving Landlord at least thirty (30) days written notice of date of expiration plus, b. paying all rents and charges due through date of termination plus, c. paying an amount equal to one months rent or one-fourth of the balance due under the rental agreement whichever is the lesser amount, as liquidated damages. d. paying a prorated pertain of the cost of repainting and cleaning bases on the ratio of the number of months remaining in the initial six (6) months of occupancy. 6. POSSESSION: Landlord shall make every effort to have Resident s unit ready on time, but if circumstances beyond the Landlord s control cause a delay, Landlord is not liable for failure to deliver the premises at the time stipulated on the application. However, in such event rent shall be abated on a daily basis until Resident is tendered possession. If Landlord is not able to deliver the unit within seven (7) days after the date promised on the application, then Resident s deposit will be refunded upon request and this Lease is terminated without liability upon the part of either party. 7. USE & OCCUPANCY: Unit shall be used for residential purposes only by persons named in Resident s application to rent. Unit shall be used so as to comply with all state, country, and municipal laws and ordinances and shall be kept in a clean and orderly condition. Resident shall not use home or permit home to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other Resident s quiet enjoyment of their home. 8. SUB-LETTING: Resident s may not sub-let unit or assign this Lease without prior written consent of Landlord. 9. FIRE: If unit is made uninhabitable by fire, or other casualty, not the fault of the Resident, this agreement shall be terminated. 10. PROPERTY LOSS: Landlord shall not be liable for damage to Resident s personal property. Resident agrees to obtain insurance for protection from loss due to fire, flooding, etc., that could damage Resident s personal property. 11. REPAIRS: Resident accepts unit in as is condition and the unit and fixtures contained therein shall be deemed to be clean and acceptable, in good repair, operative unless otherwise reported to Landlord on the original move-in inspection. Resident understands and agrees that the unit, equipment and fixtures will be under the control of Resident and agrees to keep said unit together with the fixtures therein, in a clean sightly and sanitary condition. Landlord will make necessary repairs to unit with reasonable promptness after receipt of written notice from Resident. 12. ACCESS: Resident is prohibited from adding lock to, changing, or in any way altering locks installed on
P a g e 3 doors of unit without written permission from Landlord. Landlord shall have the right of access to the unit during reasonable hours for the purpose of routine and emergency maintenance and for the purpose of inspection to ensure that the unit, equipment, and fixtures are being kept in clean, sightly and sanitary condition. Landlord reserves the right to show unit during the last thirty (30) days to prospective residents. 13. DAMAGE OF RESIDENCE: If any damage beyond normal wear and tear is caused by Resident, or guests, Resident shall pay Landlord the cost of repair with the next rent payment. Resident s may not remodel or structurally change the home, nor remove any fixtures there from without the written consent of Landlord. 14. PETS AND PARKING: No animals, birds or pets of any kind shall be permitted without the written consent of Landlord. No vehicle of any kind may be parked on the community property without consent of Landlord. Each unit is issued two parking passes and two parking spaces. Any passes not returned upon move out will result in a $20.00 replacement fee per pass. 15. REMOVAL FOR UNREASONABLE CONDUCT: Conduct of Resident and his guests on the premises which is unlawful, dangerous, or unduly disturbs other residents is a breach of this agreement, and Landlord may terminate this agreement by written notice to Resident to vacate same, and term this lease shall terminate upon the expiration of the time mentioned and Landlord shall thereupon be entitled to immediate possession of the leased premises and to any loss of rent or damage to premises caused by Resident. Any parties occurring at residence will result in each tenant being fined a $100.00 party fine per tenant on the first offense. The second offense will require tenant to vacate premises within twenty four hours of receiving notification and an automatic forfeiture of security deposit. 16. DEFAULT BY RESIDENT: If Resident fails to pay rent or other charges when due, or if Resident abandons the unit or fails to perform any of its obligations, including proper thirty (30) day notice, or if any material fact contains in Resident s rental application is untrue or misleading, then, upon the happening of any said events, Resident shall be in default and Landlord may at his option terminate this agreement with five (5) days written notice to Resident. Resident shall surrender possession of the unit to the Landlord upon the effective date of such termination notice and Resident shall be liable to Landlord for, and shall indemnify Landlord against all rent loss and other expenses (for reletting, refurbishing cleaning or otherwise making unit suitable for reletting) suffered or incurred by Landlord as a result of Resident s default and the termination of this agreement. 17. HOLDING OVER: In the event this lease is terminated for any reason provided in this agreement and Resident remains in possession thereafter: Landlord has the right to remove Resident and his possessions from the premises and it take such other steps whatsoever which are appropriate to regain possession of the premises. 18. ABANDONMENT: If Resident removes or attempts to remove property from the premises other than usual course of continuing occupancy, without first having paid Landlord all monies due, unit may be considered abandoned and Landlord shall have the right to store at Resident s sole expense, or dispose of any of Resident s property remaining on the premises after the termination of this agreement. Landlord shall have the right to sell at public or private sale. Resident releases all claims to this property and any and all claims against Landlord with respect to this property. 19. FAILURE OF LANDLORD TO ACT: Failure of Landlord to act upon strict compliance with the terms of this agreement shall not constitute a waiver of any violation. 20. NOTICES: Any notice required by this agreement shall be in writing and shall be deemed to be given if delivered personally or mailed by first class or certified mail: (a) if to Resident: to the unit: (b) if to Landlord; to the rental office. 21. LANDLORD S PERMISSION OR CONSENT: If any provision of this agreement requires the written permission or consent of Landlord as a condition to any act of Resident, such written permission or consent may be granted or withheld so long as Resident complies with such conditions. Moreover, any written permission or consent given by Landlord to Resident may be modified, revoked or withdrawn by Landlord at any time, at Landlords sole direction, upon written notice to landlord to Resident.
P a g e 4 22. RULES AND REGULATIONS: the rules and Regulations attached hereto and as amended from time to time are deemed a part of this Lease and Resident, Resident s family, guests and invitees must comply with them. Failure to comply with such Rules and Regulations is a breach of this agreement and Landlord shall be entitled to remedies as set forth in paragraph fifteen (15) and sixteen (16). 23. ENTIRE AGREEMENT: This agreement and any attached exhibits constitute the entire agreement between the parties and no oral statement shall be binding. 24. DEFINITION: Landlord and/or Resident as used in this agreement shall include the named party, its duly authorized agents, management representatives, assigns and successors in the title to the property of which home is a part, Resident or Lessee shall include the above named Resident, his/hers and representatives and if this agreement shall be transferred or sub-let, shall also include Resident s assignees and subleases. Landlord and/or Lesser and Resident and/or Lessee, male and female, singular or plural, corporation, partnership or individuals as may fit particular parties. 25. RESIDENT S RIGHTS: Residents rights under this Lease shall at all times automatically junior and subject to any security deed which is now or shall hereafter be placed on premises of which home is a part. Resident shall execute any certificate that Landlord may request to specifically implement the subordination of this paragraph. 26. NO SMOKING IN THE UNIT. Smoking in units will result in a complete forfeiture of security deposit and an additional cleaning fee of $500.00. IN WITNESSES WHEREOF; the Landlord and Resident have signed these presents in the day and year first above written. Resident Signature Resident Signature Willow Creek Agent
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