Lease – Standard Pages
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THIS LEASE, dated as of the date set forth herein, by and between the undersigned parties, provides:
1. Definition. For purpose of this Lease, the following terms shall have the respective meanings set forth below:
(a) “Apartment” shall mean that certain Apartment in the Premises which is the subject of this Lease and which is identified herein.
(b) “Owner” shall mean, at any given time, only the then Owner of the portion of the Premises in which the Apartment is located. The name and
address of the current Owner is set forth herein.
(c) “Lease” shall mean this Lease and any amendments or modifications thereto. All information and representations provided by Resident in
connection with this Lease shall be deemed to constitute a material part hereof and any untrue statement or material omission in connection therewith
shall be deemed a breach of this Lease not subject to cure. NOTWITHSTANDING THE USE OF THE WORD “LEASE” OR ANYTHING
ELSEWHERE CONTAINED OR IMPLIED IN THIS INSTRUMENT TO THE CONTRARY: THIS INSTRUMENT SHALL NOT CONSTITUTE
AN AGREEMENT OF LEASE BETWEEN OWNER AND RESIDENT NOR CREATE ANY OBLIGATIONS ON THE PART OF OWNER NOR
CREATE ANY INTEREST IN RESIDENT AS TO THE APARTMENT, UNLESS AND UNTIL THIS INSTRUMENT HAS BEEN SIGNED ON
BEHALF OF OWNER AS SET FORTH HEREIN, AND UNTIL SUCH SIGNATURE THIS INSTRUMENT SHALL CONSTITUTE ONLY AN
APPLICATION AND OFFER FOR A LEASE ON RESIDENT’S PART. ACCEPTANCE OF THIS LEASE BY OWNER IS CONDITIONED
UPON THE ABSENCE OF ANY MATHEMATICAL ERROR OR DEVIATION FROM OWNER’S STANDARD POLICIES. AFTER
ACCEPTANCE OF THIS LEASE BY OWNER AS REFLECTED BY THE APPROVED SIGNATURE HEREIN, THIS LEASE SHALL BE IN
FULL FORCE AND EFFECT AND RESIDENT SHALL BE FULLY BOUND BY THE PROVISIONS HEREOF EXCEPT AS MAY
OTHERWISE BE EXPRESSLY PROVIDED UNDER THE HEADING “SPECIAL PROVISIONS” AS SET FORTH HEREIN.
(d) “Manager” shall mean those persons or entities who are from time to time authorized to manage the Premises. The name and address of the
current Manager is set forth herein.
(e) “Monthly Rental” shall equal one-twelfth of the Annual Rental, and in the case of this Lease the Monthly Rental is equal to the sum set forth
herein. Any increase in the Annual Rental shall cause a corresponding increase in the Monthly Rental.
(f) “Nonrefundable Fee” shall mean that sum set forth herein, which shall represent Owner’s fee for processing Resident’s application for this
Lease. The Nonrefundable Fee does not represent a deposit and is non-returnable to Resident and is due on or before the Lease Begin Date.
(g) “Premises” shall mean the apartment community identified herein.
(h) “Rules and Regulations” shall mean those rules, regulations, guidelines and policies for the operation of the Premises and the Apartment as set
forth in the Resident Handbook [receipt whereof by the Resident being acknowledged by Resident’s initials herein] or hereafter adopted by Owner
and noticed to Resident. The Rules and Regulations are incorporated herein by reference and shall be as binding upon Resident as if set forth in full
in this Lease.
(i) “Security Deposit” shall mean that certain deposit set forth herein.
(j) “Resident” shall mean that person or those persons whose signatures are set forth herein, whose obligations hereunder together with the
obligations of any guarantors of this Lease shall be joint and several and who by their execution of this Lease represent that each is not less than
eighteen years of age.
(k) “Term” shall mean the period beginning at 12:00 noon on the date set forth herein, (the “Lease Begin Date”) and ending at 12:00 noon on the
date set forth herein (the “Original Lease End Date”). All references to the “Term” of this Lease shall be deemed to be a reference as well to any
additional periods of time for which the Term shall be extended (an extra fee may be due to Owner for the extended term) in accordance with the
provisions of this Lease.
(l) “Apartment Inspection Form” shall mean the report given by Owner to Resident itemizing damages to the dwelling unit existing at the time of
occupancy [receipt whereof by the Resident acknowledged by Resident’s initials herein].
All Residents’ initials 2. Lease; term. Owner hereby leases to the Resident, and Resident hereby rents from Owner, the Apartment, for the
term and at the rent amount as set forth herein, said Apartment to be used solely as the Resident’s dwelling unit and occupied solely by those persons
whose names are set forth herein. Owner shall incur no liability to Resident for failure to deliver possession of the Apartment to Resident by the
Lease Begin Date except that the rental payable hereunder shall abate until such time as possession is delivered. THIS LEASE SHALL
AUTOMATICALLY RENEW ON THE SAME TERMS AND CONDITIONS ON A MONTH-TO-MONTH BASIS, WHICH WILL INCLUDE
AN ADDITIONAL MONTH-TO-MONTH FEE (EXCEPT AS SET FORTH BELOW), UNLESS (i) Resident gives Owner on or before sixty days
prior to the expiration of the then current term written notice of Resident’s intent to terminate, or (ii) if the Resident’s lease term is already
month-to-month, Resident has the right to terminate as of the last day of a calendar month, by giving written notice to Owner thirty days prior to the
expiration of the terms of the then current month-to-month term, or (iii) Owner gives Resident on or before thirty days prior to the expiration of the
then current term written notice of Owner’s intent to terminate. In the event Resident gives Owner notice of Resident’s intent to terminate, Resident
shall also specify in such notice of termination the date on which Resident intends to physically vacate the apartment. If, on or before thirty days
prior to the expiration of the then current term, Owner gives Resident notice of Owner’s intent to change the terms of this Lease, and if Resident does
not within fifteen days thereafter give Owner written notice of Resident’s intent to vacate at the expiration of the then current term, this Lease shall
automatically renew on a month-to-month basis upon the terms and conditions contained herein except as modified by the contents of Owner’s
notice.
All Residents’ initials 3. Utilities. The Rent Allocator (Owner) has established a system of utility submetering, for water and sewer. Owner
reserves the right to adjust the utility charges, at any time, based on increased costs, consumption and/or utility rates, as is deemed necessary at its
sole discretion. The Resident will be charged for such utilities through direct billing and Resident’s failure to pay any such charges, associated with
such utilities, will constitute a breach of lease and monies owed shall be due as additional rent.
THIS LEASE AGREEMENT PROVIDES FOR A FIXED BASE RENT AND A
VARIABLE COMPONENT OF RENT BASED ON THE COST OF WATER AND
SEWER SERVICE. THIS PROVISION WILL TAKE EFFECT WHEN ALL
TENANTS HAVE EXECUTED A LEASE CONTAINING THIS PROVISION AND
THE NORTH CAROLINA UTILITIES COMMISSION HAS ISSUED AN ORDER
APPROVING THE VARIABLE COMPONENT OF RENT. UNTIL THAT TIME,
ALL TENANTS MAY BE CHARGED FOR WATER/SEWER SERVICE IN THE
TRADITIONAL MANNER, IF THE LANDLORD HAS OBTAINED TEMPORARY
OPERATING AUTHORITY AND APPROVAL OF RATES BY THE
COMMISSION.
All other utilities shall be furnished at Resident’s expense and Resident hereby covenants to pay all charges for the same together with all electricity
service surcharges (if any). Owner shall not be liable for any interruption of utility services. Owner may turn off equipment and interrupt utilities as
needed to avoid property damage or to perform work requiring such interruptions. Owner shall act with customary diligence in making repairs and
reconnections, and rent shall not abate. All replacement electric bulbs for the Apartment’s fixtures shall be furnished by Resident and shall not be
removed upon Resident’s vacating the Apartment. Resident agrees to maintain utility services to the Apartment at all times during the Term so as to
prevent damage to the Apartment.
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All Residents’ initials 4. Rental. The Resident shall pay the Rent installments equal to the Monthly Rental as set forth herein, in advance on
the first day of each and every month during the term hereof [except that the first installment, together with any unpaid portions of the Nonrefundable
Fee herein and the Security Deposit herein, shall be due on or before the Lease Begin Date herein]. Such Payments shall be made at the address set
forth herein, or at such other address as the Manager may hereafter direct. Monthly Rental and other payments due the Owner shall be made payable
to the Premises and, solely for the convenience of the Resident, may be accepted in the form of the Resident’s personal check or money order,
provided each such payment is RECEIVED on or before the 5th day of the month for which it is due. THE OWNER WILL NOT ACCEPT
PERSONAL CHECKS RECEIVED AFTER THE 5th DAY OF THE MONTH, REGARDLESS OF POSTMARK, TIME OF RECEIPT OF
PAYMENTS DUE HEREUNDER BEING OF THE ESSENCE OF THIS LEASE. THE RESIDENT AGREES AND UNDERSTANDS THAT IN
USING THE FACILITIES OF THE UNITED STATES POSTAL SERVICE FOR THE MAILING OF PAYMENTS DUE HEREUNDER, HE IS
USING THE POSTAL SERVICE AS HIS AGENT. POSTMARKS OR OTHER EVIDENCE OF DEPOSIT IN THE U.S. MAIL WILL NOT BE
CONSIDERED IN DETERMINING THE TIME OF RECEIPT OF ANY ITEM.
In the event of the passage of any law imposing a tax, either directly or indirectly, on this Lease or the rent due hereunder (other than state and
federal income taxes), the Resident agrees to pay to the Owner as additional rent hereunder the amount of such tax in installments as determined by
the Owner and payable at the same time as installments of Monthly Rental.
All Residents’ initials Late Charge: If any installment of Monthly Rental and any additional rent is not received by the Owner on or before
the 5th day of the month for which it is due, the Resident shall pay the Owner a Late Charge of $15.00 or 5% past due rent, whichever is greater, as
provided for herein, which shall be immediately due and payable as additional rent, and the Owner shall have the right, in addition to the other
remedies provided herein or by law, to accelerate the rent for the remainder of the Term, and to declare all sums owed, or to be owed hereunder
immediately due and payable.
Return Checks: If any check or other instrument tendered by the Resident in payment of Monthly Rent or any other payment due hereunder is
returned (dishonored) by the drawee bank for any reason whatsoever, the Resident shall pay the Owner a Service Charge of $25.00 as provided
herein, which shall be immediately due and payable as additional rent, and thereafter all payments due hereunder shall be made by cashier’s check,
certified check, or money order only (contact the Leasing Office for additional payment options) and the Owner shall have the right at Owner’s
option, in addition to the other remedies provided herein or by law, to accelerate the rent for the remainder of the Term, and to declare all sums owed,
or to be owed hereunder immediately due and payable.
All installments of rent due hereunder shall be prorated (on the basis of a calendar month) as of the Lease Begin Date herein and as of the Lease
End Date herein.
NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, THE OWNER RESERVES THE UNRESTRICTED RIGHT IN
HIS SOLE AND ABSOLUTE DISCRETION, AFTER WRITTEN NOTICE TO THE RESIDENT, TO REQUIRE THAT ALL MONTHLY
RENTAL AND OTHER PAYMENTS DUE HEREUNDER BE MADE BY CASHIER’S CHECK, CERTIFIED CHECK, OR MONEY ORDER.
CONTACT THE LEASING OFFICE FOR ADDITIONAL PAYMENT OPTIONS. IN NO EVENT, AND UNDER NO CIRCUMSTANCES WILL
THE OWNER BE UNDER ANY OBLIGATION TO ACCEPT CASH OR PARTIAL PAYMENTS.
All Residents’ initials 5. Security Deposit. On or before the Lease Begin Date, Resident shall deposit with Owner the Security Deposit as
security for the full and faithful performance by Resident of each and every provision of this Lease and those obligations imposed upon Resident by
law (including without limitation N.C.G.S. §42-43 (a). In the event Resident defaults with respect to any such provisions including without limitation
the payment of rent or additional rent, Owner or its agents may apply, use, or retain all or any part of such Security Deposit for the payment of any
unpaid rent, damage to the premises, nonfulfillment of rental period, any unpaid bills which become a lien against the demised property due to the
Resident’s occupancy, cost of rerenting the premises after breach by the Resident, and removal and storage of Resident’s property after a Summary
Ejectment proceeding, or Court cost and Court Appearance fee, set forth herein, in connection with terminating the Lease, as permitted by N.C.G.S.
§42-51, or any other damage which Owner may suffer. If a Resident fully complies with the provisions of this Lease and obligations imposed on
Resident by law, such Security Deposit, or any balance thereof shall be returned to the Resident within 30 days after termination of the tenancy and
delivery of possession. In the event the Premises (or any portion of the premises in which the Apartment is located) is sold, Resident by his execution
of this Lease, hereby consents to the transfer to Owner’s successor (or such successor’s nominee) of the Security Deposit.
6. Covenants By Owner. Owner covenants for Owner’s compliance with the requirements of building and housing codes materially affecting
health and safety applicable to the Apartment. Owner shall also make such repairs as are required by Owner by N.C.G.S. §42-42; however, the
obligation for bearing the cost of such repairs shall be determined in accordance with the remaining provisions of this Lease;
7. Covenants By Resident. Resident covenants and agrees that, in addition to his responsibilities under N.C.G.S. §42-43, that:
(a) I have not been convicted of any felony and no occupant of the apartment has been convicted of any felony.
(b) I am not a current illegal abuser or addict of a controlled substance, no occupant of the apartment is a current illegal abuser or addict of a
controlled substance.
(c) I have not been convicted of the illegal manufacture, distribution, or use of a controlled substance, no occupant of the apartment has been
convicted of the illegal manufacture, distribution, or use of a controlled substance.
(d) My tenancy and that of other occupants, guests, invitees, agents, or licensees would not constitute a direct threat to the health or safety of other
individuals or result in substantial physical damage to the property of others.
(e) Resident shall not: i) engage in criminal activity, including but not limited to drug-related criminal activity. “Drug-related criminal activity”
means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as
defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]) or counterfeit drugs that are represented as above, or designer drugs, ii)
engage in any act intended to facilitate criminal activity, including but not limited to drug-related criminal activity, iii) permit the apartment and/or
the premises to be used for, or to facilitate, criminal activity, including but not limited to drug-related criminal activity, iv) engage in the unlawful
manufacturing, selling, storing, using, keeping, or distribution of illegal drugs at any location, whether on or near the resident’s premises or
otherwise, v) engage in any illegal activity, including prostitution, criminal street gang activity, threatening or intimidating, assault, including but not
limited to the unlawful discharge of firearms, or any breach of the Lease that otherwise jeopardizes the health, safety, and welfare of the Owner, his
employees, agents, and/or other residents, or involves imminent or actual property damage.
(f) Resident shall not assign or sublet all or any portion of the Apartment without written consent and approval from the Owner. Apartment must
be used solely as a dwelling unit.
(g) Resident shall not keep any animals or pets of any nature whatsoever on or about the Apartment or the Premises without Owner’s prior written
consent (and which consent, if granted, shall be revocable at Owner’s sole discretion and without effect on the continuance of this Lease), and, if
such consent is granted, Resident shall strictly comply with all Rules and Regulations relating to animals and pets and pay all charges imposed by
Owner in connection with the granting of such consent as additional rent and be responsible for all damage caused by such animals and pets;
(h) Resident and Resident’s agents, guests, invitees, or licensees of Resident shall abide by all Rules and Regulations and will not use the
apartment for any improper, illegal or immoral purposes or in any noisy, dangerous, offensive, or disturbing manner. Resident will be held
responsible for all actions of guests, invitees, agents, or licensees with or without knowledge of those actions. Resident shall acknowledge receipt of
the Resident Handbook containing the Rules and Regulations, and receipt of the other items referred to herein.
(i) Four wheel drive vehicles with modified suspension are prohibited;
(j) Motorcycles, motorbikes, boats, trailers, large trucks, buses or other large vehicles shall not be parked or operated on the Premises without
Owner’s prior written consent (and which consent, if granted, shall be revocable at Owner’s sole discretion and without effect on the continuance of
this Lease);
(k) Any vehicle(s) on the Premises shall be registered with Owner and shall have valid licenses and inspection sticker and be in good repair, and
Resident agrees that the same shall not be washed, maintained, or repaired on the Premises unless Owner shall designate specific locations for such
activities, and then only at such locations. Owner reserves the right to limit the number of vehicles allowed on the property per apartment unit;
(l) Resident will give Owner prior written notice of any anticipated absence by Resident in excess of seven days;
(m) Resident has inspected the Apartment and the Premises and found the same to be in a good, fit and habitable condition and Resident
acknowledges that Owner has not agreed to alter, redecorate or improve the same in any manner whatsoever; Resident accepts the Apartment in its
present condition and understands that it may contain asbestos and lead-based paint which are potentially harmful if not properly maintained;
Resident will refer to the Resident Handbook for information on materials that are potentially harmful and follow the instructions therein with regard
to these materials; Resident acknowledges that management plans for the operation and maintenance of asbestos and lead-based paint (O & M Plans)
are available for review by Residents upon request to the Property Manager; Resident agrees to keep the Apartment in clean, orderly and good
condition; Resident shall not alter, or make any additions or improvements to the Apartment whatsoever;
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(n) Resident shall not permit any waterbed to be placed in the apartment, except on the ground floor, and then, only with the consent of the
Owner. Resident also agrees to maintain adequate insurance coverage in the event of water damage caused by said waterbed. Resident shall place
heavy objects, such as a piano or safe, on the ground floor only.
(o) Resident shall give Owner prompt notice of any damage to or malfunctions of the Apartment including presence of insects, rodents and other
pests, or the fixtures, appliances, utility systems and equipment provided by Owner in connection therewith; ALL requests for repairs shall be
submitted to Owner in the manner specified by the Rules and Regulations. Resident shall pay for the cost of all service calls to eradicate or correct
the problem, repairs or damages resulting from the negligence of Resident, or the agents, licensees, guests or invitees of Resident, or from Resident’s
failure to follow operating instructions or the Rules and Regulations applicable thereto; Resident shall also pay for the cost of repairing or replacing
all broken and damaged locks, doors, glass and screens; All costs to be borne by Resident hereunder shall be treated as items of additional rent;
Owner shall not be liable for any damage or inconvenience to Resident nor shall Resident be entitled to any abatement or reduction of rent by reason
of any repairs or delay in making the same;
(p) All furnishings, personalty and other items placed in or stored on or about the Apartment and/or the Premises shall be solely at the risk of
Resident. Property Insurance purchased by the Owner is for the sole benefit of the Owner, the Manager and its lenders. Resident acknowledges that
resident is not, and will not be, an implied co-insured with Owner on Owner’s insurance policies. Resident shall be responsible for damages to
Owner’s premises caused by fire, smoke, explosion or water, due to resident’s negligence. Resident(s) shall be responsible for all loss, whether
insured or otherwise, resulting from the negligence of resident(s) or residents’ guests. The Owner’s insurance company shall have the right of
subrogation against resident(s). The Owner’s insurance policy does not cover damages by fire, water, or any other cause, to Resident’s personal
property located within the premises. Resident shall contact Owner’s representative to determine if the Apartment is in a floodplain and acquire
appropriate insurance as applicable. The Resident shall retain a renter’s insurance policy to cover damage to the Resident’s personal property.
Resident agrees to procure adequate health and life insurance covering himself and all occupants of the Apartment and therefore Resident and all
occupants of the Apartment hereby release, indemnify and hold harmless to the full extent permitted by law, Owner and Manager and their respective
officers, agents, employees and servants from all liability for personal injury (including death), regardless of the cause of such injury and regardless
of the location of the occurrence of such injury (including without limitation any recreational area serving the Premises). Resident agrees to procure
adequate liability insurance covering personal injury (including death) and/or property damage with respect to all visitors, guests, invitees and
licensees of the Apartment or the Premises (including without limitation any recreational area serving the Premises) and Resident hereby agrees to
release, indemnify and hold harmless Owner and Manager and their respective officers, agents, employees and servants from all claims, demands,
liability, cost and expense connection therewith.
(q) Upon reasonable notice (which need not be in writing) to Resident, the Owner, its representatives and designees, may enter the Apartment at
reasonable times in order to (i) inspect the Apartment, (ii) make necessary or agreed repairs, decorations, alterations or improvements, (iii) supply
necessary or agreed services and (iv) exhibit the Apartment to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. In case
of emergency or in case it is impractical for Owner to give reasonable notice to Resident of intent to enter or in case the Apartment has been (or
appears to have been) abandoned, vacated, or surrendered by Resident, the Apartment may be entered by Owner, its representatives and designees,
without notice to Resident.
(r) The use of any appliances, communication systems, laundry facilities, storage room, swimming pool, club house, recreational facilities and
other advertised appurtenances, features and services (except those expressly provided in this Lease) are furnished as a convenience only, and any
interruption, modification or discontinuance of such use or services shall not be cause for damages or termination of this Lease or reduction or rebate
of the rental or any liability on the part of the Owner whatsoever.
(s) Resident shall keep all sidewalks and other means of ingress and egress to his/her apartment free of obstructions, including without limitation,
snow and ice.
(t) Resident shall not install any washer or dryer within the Apartment unless existing special washer and/or dryer connections designed for such
purpose have already been installed.
(u) This Lease is and shall be subject and subordinate to all present and future mortgages (deeds of trust) encumbering the Premises and all
renewals, modifications and extensions of such mortgages. In the event of foreclosure the Resident will, upon request, attorn to the purchaser at such
foreclosure sale.
(v) Resident understands that, notwithstanding any explicit or implicit representation, either oral or written or of any kind whatsoever, the Owner
and/or Manager does not furnish or guarantee security from crime and criminal acts to its Residents, occupants, and/or their agents, licensees, guests
and invitees. Resident understands that if the Owner and/or Manager makes crime information available, it does so in good faith with no guarantees
as to its accuracy. Resident agrees to be solely responsible for the safety and security of itself, its occupants, agents, licensees, guests and invitees,
and to follow the security suggestions outlined in the Resident Handbook.
(w) To the full extent permitted by law, Resident, for himself/herself and/or its apartment occupants, agents, licensees, guests and invitees, shall
release and indemnify Owner and/or Manager, their affiliates, joint venturers, agents, partners, officers, directors, shareholders, successors, assigns,
current and former employees and/or all persons or entities acting on Owner’s and/or Manager’s behalf, and save them harmless from and against
any and all claims, actions, damages, losses, liabilities and expenses, including attorney fees, known and unknown, in law or in equity, of whatever
kind or nature, arising from occurrences in, on or about the Apartment and/or the Premises, including without limitation common areas and
recreational areas, or arising from or out of the use or occupancy by the Resident of the Apartment or any part of the Premises, including, but not
limited to, any claims for personal injury and/or death relating to asbestos, lead-based paint and/or any other material and/or substance that is now or
in the future considered harmful or potentially harmful, and claims relating to structures or facilities in easement or other areas that are surrounded by
or contiguous to the Premises, or occasioned wholly or in part by any act or omission of the Resident, its apartment occupants, agents, licensees,
guests and invitees, or occasioned by their use of any appurtenances, equipment or facilities in, on or about the Apartment and/or the Premises.
(x) Notwithstanding anything herein to the contrary, Owner and Manager shall have no personal liability for the performance of this Lease and in
the event of default hereunder by Owner or Manager, Resident agrees that his recourse shall be limited to Owner’s equity interest in the Apartment to
the fullest extent permitted by law.
8. Sorting and Separation of Refuse and Trash:
(a) Resident’s duties. Resident agrees, at his sole cost and expense, to comply with all present and future laws, orders, and regulations of all state,
federal, municipal, and local governments, departments, commissions, and boards regarding the collection, sorting, separation, and recycling of waste
products, garbage, refuse, and trash. Resident shall sort and separate such items into categories as provided by law, and in accordance with the rules
and regulations adopted by Owner for the sorting and separating of such designated recyclable materials.
(b) Owner’s rights if Resident fails to comply. Owner reserves the right, where permitted by law, to refuse to collect or accept from Resident
any waste products, garbage, refuse, or trash which is not separated and sorted as required by law, and to require Resident to arrange for such
collection, at Resident’s sole cost and expense, using a contractor satisfactory to Owner.
(c) Fines and penalties; indemnification of Owner. Resident shall pay all costs, expenses, fines, penalties, or damages imposed on Owner or
Resident by reason of Resident’s failure to comply with Paragraphs (a) and (b) above, and shall indemnify, defend, and hold Owner harmless from
and against any actions, claims, and suits arising from such noncompliance, using counsel reasonably satisfactory to Owner, if Owner so elects.
Resident’s noncompliance with Paragraphs (a), (b) or (c) shall constitute a violation of a substantial obligation of the tenancy and Owner’s rules and
regulations. Resident shall be liable to Owner for any costs or expenses, including attorneys’ fees, or any action or proceeding by Owner against
Resident, based upon Resident’s breach of Paragraphs (a), (b) or (c).
9. Condemnation. If all or a substantial part of the Apartment shall be acquired by exercise of the power of eminent domain (or deed in lieu
thereof), this Lease and all rights of Resident hereunder shall terminate as of the date possession is required to be yielded to the condemning authority
and the rent shall be prorated as of that date. Resident shall have no claim against Owner or to any portion of the award in condemnation (or
consideration in the case of a deed in lieu of condemnation) but the foregoing shall not limit Resident’s interest in the Apartment or relocation
expenses.
10. Casualty. If the Apartment or the Premises are damaged by fire or other casualty, Owner may, at Owner’s sole option, either (i) terminate this
Lease, (ii) repair the same with reasonable dispatch after written notice by Resident, or (iii) provide Resident with a substitute apartment in complete
satisfaction of Owner’s obligation (in which case the provisions of this Lease shall continue to apply except that all references herein to the
“Apartment” shall henceforth be deemed to be references to the substitute apartment provided by Owner). If the Apartment or any part thereof is
damaged by fire, enemy action, or other casualty to such an extent that the enjoyment of the Apartment is substantially impaired, Resident may
immediately vacate the Apartment and immediately notify Owner in writing after such vacating of the intention of Resident to terminate this Lease,
in which case this Lease shall terminate (unless Owner provides Resident with a substitute apartment or promptly repairs such damage) as of the date
of vacating. If, however, as the result of a deliberate or negligent act of the Resident, or the agents, invitees, guests, or licensees of Resident, the
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Apartment and/or the Premises are damaged and/or personal injury to self or others occurs, no option to terminate by Resident shall exist and
Resident shall be liable for the rent during the unexpired term of this Lease, without abatement; however, in such situation the Owner may terminate
the Lease at its sole discretion. Nothing herein contained shall be deemed to relieve Resident of any liability Resident may have as a result of such
fire or other casualty.
11. End of Term. On or before the last day of the term, Resident shall:
(a) Surrender the Apartment (and all keys thereto) in absolutely clean and sanitary condition and devoid of the necessity of any repairs and
otherwise in the same condition as it was upon delivery of possession hereunto under this Lease, normal wear and tear excepted; and in this regard
Resident shall, as deemed necessary by Owner, pay for the cost of professional re-shampooing of any carpets, recleaning or replacement of any
drapes, and repainting of the apartment. Prior to surrender Resident shall remove all of his personal property and decorations, and pay for repairs of
all damage caused thereby. Resident’s obligations hereunder shall survive the termination of the Lease. If Resident fails to remove his property upon
expiration of this Lease, the property may be removed from the apartment in accordance with State law, without Owner or Manager in any way being
liable for damage arising from the removal, and thereafter stored at Resident’s expense, or sold according to State Law.
(b) Give proper notice of vacating the apartment whether leaving at the end of the term of the lease, or prior thereto, and if alleging entitlement to
a claim for constructive eviction for environmental problems in the apartment the following rules shall apply: (i) the term “environmental problems”
means dry rot, mold, fungus, insects, or other infestations or bacteria, significantly affecting the health of Residents or their guests, (ii) if the Resident
has conducted his/her own test for environmental problems paid for by Resident and later testing by Owner shows a claim for contamination to be
unfounded, Resident shall be required to pay Owner’s expenses for its subsequent testing, (iii) if the Resident does not conduct initial testing, then
provided Owner’s test results are negative, Resident shall be responsible for any and all expenses, damages, investigation fees, laboratory fees, or
other costs and fees as they are incurred by Owner as the result of Resident reporting that they are alleging entitlement to leave based on the claim of
constructive eviction for environmental problems in the apartment, (iv) if a Resident leaves personal property in the premises alleging environmental
problems and Owners’ testing does not support this position, then any and all personal property and decorations shall be removed from the apartment
within 48 hours at Resident’s expense. If Resident fails to remove his property after notice of clearance, the property may be removed from the
apartment in accordance with State Law, without Owner or Manager in any way being liable for any damage arising from the removal and thereafter
stored at Resident’s expense or sold according to State law. This obligation shall survive the termination of the lease and whether or not the Owner or
Manager elects to terminate the lease, (v) if testing of Owner supports a claim of environmental problems, Owner shall be entitled to remove personal
property of Resident and store it for up to ninety (90) days at Owner’s expense. Resident and Owner shall be entitled to conduct such testing, as they
deem appropriate on the personal property while it is so stored. If the Owner determines within this time frame that there is an environmental
problem related to personal property, but it is not the responsibility of Owner (e.g., problem caused by pet urine or any other negligence under
Resident’s control), then the Resident shall be responsible for cleaning any items they wish to reserve and selecting the method of cleaning. If Owner
agrees there is an environmental problem, Owner may choose which items to clean and the methods for cleaning such items, during this time frame.
Thereafter, Resident shall accept delivery of personal property, assume storage obligations of any or all of the personal property and any property not
accepted by the Resident nor storage obligations assumed, may be destroyed.
12. Default. Each of the following shall be a default by Resident and a breach of this Lease:
(a) noncompliance by Resident with the terms of this Lease (all of which Resident agrees are material);
(b) noncompliance by Resident with any obligations imposed upon Resident by provisions of federal, state and local building, housing, and other
codes and regulations, that may or may not, materially affect health and safety;
(c) failure by Resident, or the agents, invitees, guests, or licensees of Resident to abide by Rules and Regulations now in effect or hereafter
adopted, concerning the use and occupancy of the Apartment and the Premises;
(d) a single violation of any criminal or illegal activity as described herein shall be deemed a serious violation and a material and irreparable noncompliance. Unless otherwise provided by law, proof of violation will not require criminal conviction, but will be by a preponderance of the
evidence;
(e) abandonment of the Apartment by Resident;
(f) the appointment of a receiver or trustee for Resident or for the assets of Resident; and
(g) the filing of any bankruptcy, arrangement or insolvency proceedings by or against Resident, or any assignment by Resident for the benefit of
creditors.
In the event of any such breach of this Lease, in addition to and not in substitution or diminution of other remedies provided herein or by law,
Owner shall have the right and option to either (i) terminate this Lease (without prejudice however to Owner’s rights to recover for any claims or
causes of action arising prior to the date of termination), in which event Resident shall immediately surrender the Apartment to Owner, (ii) enter the
Apartment and remove Resident and Resident’s property there from and without being liable to Resident in any manner whatsoever, in which case
Owner may also attempt to relet the Apartment for Resident’s account on such terms as Owner alone shall determine, or (iii) to continue this Lease
and sue for Resident’s performance hereunder (including rent or additional rent as they become due), in which case Owner shall also be entitled to
recover from Resident all costs of collection, including reasonable attorney’s fees in an amount not less than fifteen percent of the sums due under
this Lease, Court cost and Court Appearance fee of ten percent of the monthly rent, as permitted by N.C.G.S. §6-21.2.
In the event it is determined that a problem involving insects, rodents, or other pests, including but not limited to roaches, bedbugs, fleas, etc.
exists in a particular unit, Owner hereby reserves the exclusive right to obtain or hire a contractor of its own choosing to perform work, as determined
necessary, to eradicate or correct the problem. Upon completion of such work, performed by Contractor or Owner, Owner may submit an itemized
bill for the actual and reasonable cost or the fair and reasonable value of such necessary work, at Owner’s discretion, to Resident, and the amount of
such bill shall be paid by Resident as additional rent on the next date upon which an installment of rent is due or, if this Lease has been terminated by
Owner for any such noncompliance by Resident, such bill shall be paid by Resident immediately after submission. Failure on Resident’s part to allow
timely access for inspections and/or treatment or failure to properly prepare for treatment, will be considered noncompliance with the Lease and may
result in charges for resulting service calls, repairs and/or damages to correct the problem and immediate termination of the Lease.
This change in rules and regulations is adopted and to be enforced under the “hereafter adopted” provision of Paragraph 12(c) of this Lease
agreement. Residents are not permitted to select contractors of their own choosing since a problem with any of the aforementioned insects, rodents,
and other pests may be of a nature that may affect surrounding units.
In the event of (a) noncompliance by Resident with this Lease materially affecting health and safety, (b) noncompliance by Resident with any
obligations imposed upon Resident by provisions of building or housing codes, that may or may not, materially affect health and safety or (c)
noncompliance by Resident with the Rules and Regulations now in effect or hereafter adopted, concerning the use and occupancy of the Apartment
and the Premises, and such noncompliance can be remedied by repair, replacement of a damaged item, cleaning, or pest control treatments, and if
Resident fails to comply, as promptly as conditions require, in addition to other remedies provided by law, Owner, and duly designated
representatives may enter the Apartment and cause the necessary work to be done. Upon completion of such work, Owner may submit an itemized
bill for the actual and reasonable cost or the fair and reasonable value of such necessary work, at Owner’s discretion, to Resident, and the amount of
such bill shall be paid by Resident as additional rent on the next date upon which an installment of rent is due or, if this Lease has been terminated by
Owner for any such noncompliance by Resident, such bill shall be paid by Resident immediately after submission of it.
The proceeds of any reletting during the term of this Lease shall be applied first to all expenses occasioned by such reletting (including without
limitation, attorney’s fees and leasing commissions and such alterations and redecorating of the Apartment as in Owner’s sole judgment may be
desirable) and secondly to the rent and additional rent due hereunder. Resident shall be liable for any deficiency, including costs of collection,
attorney’s fees and Court Appearance fee, set forth herein, as permitted by N.C.G.S. §6-21.2, but not entitled to any surplus arising.
If Resident refuses to allow access to or to surrender possession of the Apartment to Owner as provided in this Lease, Owner may obtain
immediate relief to compel access or surrender and/or may terminate this Lease. In any case, Owner may recover actual damages sustained, and such
court costs, reasonable attorney’s fees, Court Appearance fee, set forth herein, and other expenses as may be recoverable at law or in equity, as
permitted by N.C.G.S. §6-21.2.
In the event of termination of this Lease due to Resident’s default, all rent for the balance of the term shall be accelerated and may become
immediately due and payable.
In the event Resident shall abandon the Apartment, Owner shall be entitled to immediate possession thereof.
In the event Resident breaches any provision of this Lease, Owner shall have the option to cure any such breach and any expense incurred by
Owner in effecting such cure shall become immediately due and payable by Resident as additional rent.
In the event of default by Resident (regardless of whether the same is subsequently cured), Resident shall upon request of Owner increase the
Security Deposit to twice the amount of the Monthly Rental.
All Residents’ initials
GSC Form 108NC Lease – Standard Pages © Revised April 5, 2010
Page 4 of 7
SA
M
PL
E
If Resident fails to vacate the Apartment after termination, Owner may bring an action for possession and damages against Resident, including
such court costs, expenses, Court Appearance fee, set forth herein, and attorney’s fees as may be recoverable by law. Or, at Owner’s option, Resident
shall be a holdover tenant for a one year term at the then current rental and upon the other terms of this Lease.
In the event of default by Owner of such a nature as can be cured by the provision of a substitute apartment, Owner may at its sole option provide
such substitute apartment and Owner shall have no further liability in connection with such default or for the payment of Resident’s moving expense.
The above stated remedies of Owner shall be deemed to be in addition to and not in lieu of, any other rights and remedies provided Owner either at
law or in equity. No delay in enforcing the provisions of this Lease shall be deemed to constitute a waiver of such default by Owner, and the pursuit
by Owner of one or more remedies shall not be deemed to constitute an election against other remedies.
Resident expressly authorizes Owner or Owner’s agent (including a collection agency) to obtain Resident’s consumer credit report, which Owner
or Owner’s agent may use if attempting to collect past due rent payments, late fees, or other charges from Resident, both during the term of the lease
and thereafter.
In the event that Resident fails to pay when due any installment of rent, or additional rent, and such rent, or additional rent, is not paid within ten
days after written notice by Owner of nonpayment and of intention to terminate this Lease, in addition to other remedies provided by law, Owner
may terminate this Lease. Upon such termination Owner shall be entitled to possession of the Apartment, to any unpaid rent or additional rent, to any
damages sustained, and to such court costs, expenses, Court Appearance fee, set forth herein, and attorney’s fees as may be recoverable by law.
13. Notices. Except as otherwise expressly provided ALL NOTICES CALLED FOR HEREUNDER OR REQUIRED BY LAW SHALL BE IN
WRITING and shall be delivered, if to Resident (i) by hand, or (ii) by mailing such notice to Resident at the address of the Apartment or to the last
known address of Resident by U.S. mail, postage prepaid, or if to Owner by mailing such notice to Owner at the address set forth herein below by
U.S. mail, postage prepaid, or to such other address as Owner may hereafter direct by written notice to Resident. This paragraph shall not apply to
documents served by judicial or similar officers.
14. Transfers. Military Transfers are governed by federal and/or state law(s), if applicable.
All Residents’ initials 15. Early Terminations: If at any time Resident desires to terminate this Lease prior to the expiration of the current
term, Resident may do so upon not less than 30 days prior written notice to Owner (which notice shall state Resident’s date of vacating the
Apartment). For such privilege, Resident shall pay to Owner (in addition to rent and other sums due Owner hereunder to the date of termination) a
termination fee, accompanying Resident’s notice of termination and in an amount calculated as follows: (i) termination fee equal to twice the
monthly rental if Resident has completed less than twelve months of tenancy as of the effective date of termination; and (ii) termination fee equal to
once the monthly rental if Resident has completed twelve months or more of the tenancy as of the effective date of termination. If Resident fails to
vacate the Apartment on or before the date of vacating specified in Resident’s notice, or in the event Resident fails to strictly adhere to the provisions
hereof, Owner may retain any termination fee paid as liquidated damages for Owner’s additional trouble and administrative expenses and, in addition
to such other damages as Owner may be able to recover from Resident, Owner may elect not to accept termination of this Lease.
16. Miscellaneous. It is mutually understood and agreed that:
(a) All headings are for convenience or reference only and do not constitute a part of this Lease or affect its interpretation.
(b) All pronouns shall be construed to be of such number and gender as the context may require.
(c) This Lease shall be construed according to the laws of the State of North Carolina.
(d) Whenever Owner’s consent is required hereunder, such consent may be withheld for any reason whatsoever, which reason need not be
specified. Owner may require the payment of a non-refundable charge and/or additional rent in connection with the granting of any such consent. No
act or failure to act by Owner as to a matter within the discretion of Owner shall give rise to an action for damages against Owner, but Resident’s sole
recourse in such event shall be to an action for specific performance.
(e) All references to designated statues of the General Statues of North Carolina shall be a reference to those statutes as in effect on the date of the
Lease.
(f) This Lease and the documents expressly referenced herein set forth the sole obligation of Owner to Resident. Owner shall not be bound by
any oral representation or by any promotional materials not expressly incorporated herein. Except as otherwise provided herein, all modifications or
amendments to this Lease must be in writing and signed by the party against whom enforcement is sought. The signature of any one of the parties
comprising the Resident hereunder to a modification, extension, renewal or other amendment hereto, SHALL BIND ALL OF THE PARTIES
COMPRISING THE RESIDENT.
(g) This Lease shall be binding upon, and except as otherwise provided, inure to the benefit of the heirs, personal representatives, successors,
subtenants and assigns of the parties.
(h) Acceptance by Owner of monthly installments of rent with knowledge of default by Resident under this Lease, or acceptance by Owner of
performance by Resident that varies from the provisions of this Lease or the Rules and Regulations adopted by Owner, shall not constitute a waiver
of the right of Owner to terminate this Lease (a) for the continuation of the same breach or for another breach of this Lease by Resident occurring
after the month in which such breach occurred or to which such breach was applicable, or (b) for the continuation of the same variance or for another
variance or performance by Resident occurring after the month during which Owner accepted such rent. Acceptance by Owner or partial payment of
past due rent shall not constitute any waiver of any right of Owner to terminate this Lease for breach of its provisions by Resident, and acceptance of
unpaid rent after expiration of a termination notice shall not constitute a waiver or rescission of the termination. Endorsement and deposit of any
check or other form of payment shall not constitute an acceptance of any condition stated thereupon or in connection with any remittance and except
as otherwise provided by law shall not affect any waiver of any of the terms and provisions of this Lease or a breach thereof.
(i) All provisions of this Lease are severable and the invalidation of any provision hereof shall not effect the remainder of this Lease or the
enforceability of the same.
(j) Notwithstanding anything herein contained to the contrary, if at any time during the Term Resident is an employee of Owner or Manager, this
Lease is subject to termination by either Owner or Resident upon thirty days prior written notice of termination. In the event of termination, rent and
all other sums payable by Resident hereunder shall be prorated as of the date this Lease terminates.
(k) Unless the context indicates a different meaning, all numbered parenthetical references are references to the informational or signature blocks
appearing on designated pages and constituting a part of this Lease.
All Residents’ initials
GSC Form 108NC Lease – Standard Pages © Revised April 5, 2010
Page 5 of 7
Lease – Customized Pages
Property Name
This Lease agreement (Lease) is made this
(date) between
,
Owner, c/o General Services Corporation, P.O. Box 8984, Richmond, VA 23225, Managing Agent of the Premises known as
, for the apartment located at
(address) and Resident(s):
Resident Name(s):
Apartment is to be used solely as the Residents’ dwelling unit and
occupied solely by those persons whose names are set forth
herein:
SSN:
Other Occupant Name(s):
Unit Type:
Lease Term:
Lease Begin Date:
Lease End Date:
Monthly Charges
Base Rent
Total Additional Rent
$
$
Total Monthly
$
Paid By
PL
Applicable Non-Refundable Fees
Utilities
Electricity
Gas
Water/Sewer
Trash
DOB:
E
Original Hold Deposit Date:
Total Refundable Deposit: $
Total Non-Refundable Fee: $
Total Pro-rated Rent: $
Total Concession: $
SSN:
Type
Amount
$
$
$
$
Total
Refundable Security Deposits
Type
Amount
$
$
M
$
Total
$
Concession Breakdown
End Date
Monthly Rent
Concession
Rent During Concession
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
SA
Start Date
$
Total
$
Resident receives concession as noted and agrees that if the apartment is vacated before
(Lease End
Date), all concession amounts received will become due and payable immediately as well as any other outstanding balances on
resident’s account.
Any forfeited concession shall carry forward to any subsequent Lease.
(All Residents’ initials) The last month’s rent and concession is subject to change based upon your actual move-out date
or renewal.
The above concession is based upon the entire rent being received in the Leasing Office each month by the close of business
on the 1st day of the month. If rent is not paid as described above, your account will be considered to be in default and this
(Total Monthly Rent before
concession may be suspended for future months. In this event, the total rent of $
concession) will be due.
GSC Form 108 Lease – Customized Pages © Revised July 14, 2009
Page 6 of 7
Lease – Customized Pages
Property Name
Apartment Address
Resident’s Name
DUE ON OR BEFORE THE COMMENCEMENT DATE:
Pro-rated Rent
Total Non-refundable Fees
Total Security Deposit *
First Month Concession
$
$
$
$
Total
Less Prepaid Amount
Method of Payment
Check or Receipt #
Date Received
Balance Due Upon Move-In
Less Prepaid Amount
Method of Payment
Check or Receipt #
Date Received
Balance Due Upon Move-In
Less Prepaid Amount
Method of Payment
Check or Receipt #
Date Received
Balance Due
$
By:
By:
E
$
PL
$
*
By:
$
(All Residents’ initials) In GA & NC only – SECURITY DEPOSIT: I understand that
is
responsible for paying the security deposit. All residents are equally responsible for any damages that may occur during residency. If a refund
is due at the end of the Lease, a check will be made payable to the resident who initially paid the security deposit. It will be his/her
responsibility to distribute the appropriate portion of that refund to the other residents, as applicable.
M
CANCELLATION: A Resident who has never before been an occupant of the Premises may cancel this Lease by written notice within three
days of date of Hold Deposit received, provided Resident’s notice of cancellation is received by Owner at least seven days prior to the
Commencement Date. This right of cancellation is nonetheless subject to Owner’s right to retain the Non-refundable Fee in all cases.
LEASE: Received of Resident(s) the amount specified herein, which (except for the Non-refundable Fee) will be refunded as provided by law
in the event this Lease is not accepted by Owner and, which otherwise will upon commencement of the Lease be applied as follows: first to
any Non-refundable Fee, secondly (and after acceptance of the Lease by Owner) to any Security Deposit due, and thirdly (and after
acceptance of the Lease by Owner) to the first month’s full or prorated rent, as the case may be, unless otherwise noted on this form.
Prospective Resident requests that an apartment be held for rental occupancy on the herein terms and conditions.
SA
(All Residents’ initials)
-day written notice required from Resident prior to Lease end date or automatic month-to-month
renewal, subject to conditions herein.
(All Residents’ initials) Resident acknowledges receipt of the entire Lease – Pages 1 through 7.
(One Resident’s initials) Resident acknowledges receipt of Resident Handbook, Apartment Inspection Form, Club Card(s), if
applicable, and entry devices receivable at possession date.
Accepted By:
Resident Signature
Date
Resident Signature
Date
Resident Signature
Date
Resident Signature
Date
Resident Signature
Date
Resident Signature
Date
Leasing Consultant
copy:
copy:
copy:
original:
Date Lease Written
Approval Signature
Date Lease Approved
Leasing – if signed when hold deposit paid, with standard Lease pages Æ Applicant
Leasing – after approval signature, required resident initials, and move-in money paid, with standard Lease pages Æ Resident
Leasing – after approval signature, required resident initials, and move-in money paid Æ Regional Office/APM
Leasing – after approval signature, required resident initials, and move-in money paid, with standard Lease pages Æ Resident’s file
GSC Form 108 Lease – Customized Pages © Revised July 14, 2009
Page 7 of 7
PET ADDENDUM
,
This Addendum is made a part of that certain Lease Agreement (the Lease) dated
Original Move-In Date
for
by and between the undersigned and
(Lessor).
Apartment Address
Whereas the Lessee has requested permission to harbor a pet on the Owner’s premises, Lessee agrees to:
1. not harbor, even temporarily, any dog that appears to have a mixture of one or more of the following
breeds: Akita, American Staffordshire Terrier, Chow Chow, Doberman Pinscher, German Shepherd,
Husky, Malamute, Pit Bull, Rottweiler, Sharpei, Staffordshire Bull Terrier, Presa Canario, Boxer,
Dalmatian
2. not harbor, even temporarily, any more than a total of two house pets per apartment within the
following weight limits at maturity: (WEIGHT LIMITS DIFFER BY APARTMENT COMMUNITY)
not more than
pounds combined total weight
not more than
pounds per pet
1st pet not more than
pounds, 2nd pet not more than
E
❏
❏
❏
pounds
3. abide by the pet rules and regulations defined in the Resident Handbook. A clean-up fee may be
charged for failure to clean up after a pet.
$
$
$
PL
4. pay, per pet:
non-refundable fee.
security deposit. The security deposit is not refunded until the Lease has
ended, all residents have vacated, and the apartment has been inspected.
extra monthly rent.
The extra monthly rent starts with the rent payment due on this date
If Lessee removes the pet from the premises, the Lessor will discontinue the
extra rent upon receipt of written notification.
.
Type
M
It is understood and agreed that the Owner’s consent for the Lessee to maintain a pet applies only to the pet
described below, which is a domesticated pet, is not vicious, and has not bitten, attacked, harmed, or
menaced anyone in the past.
Pet Name
Weight/age
/
Breed/color
/
Special Note
SA
Lessee accepts full responsibility for itself and its Pet and shall indemnify and hold Lessor, its affiliates, joint
ventures, agents, partners, successors, assigns, officers, directors, shareholders, current and former
employees, all person acting on Lessor’s behalf, all persons or other entities participating in the ownership,
rental or management of properties owned or managed by the Lessor, and their affiliates, successors and
assigns, officers, directors, shareholders, current and former employees harmless from any and all claims,
demands, damages, actions or causes of action, charges, and liabilities, known or unknown, in law or in equity,
of whatever kind or nature, including, but not limited to, any claims for property damage, personal injury, death,
and attorney’s fees, related to or resulting from the Pet’s presence and/or activities on properties owned by the
Lessor and/or its affiliates.
Lessee
Date
Lessee
Date
Lessee
Date
Lessor
Date
Lessee
Date
Removal of Pet: Lessee has removed the above-referenced pet from the Owner’s premises.
Lessee
Date
Lessee
Date
Lessee
Date
Lessor
Date
Lessee
Date
original – English: Resident’s file
original – Spanish: Resident
copy – English: Resident
GSC Form 399 Pet Addendum © Revised August 5, 2010
LEASE ADDENDUM – MOLD
This Addendum is made a part of that certain Lease Agreement (Lease)
dated
, for
Original Move-In Date
by and between
Address
the undersigned and
(Lessor).
To prevent and/or minimize the occurrence and growth of mold in the apartment, resident hereby
agrees to the following:
E
1. MOISTURE ACCUMULATION. Resident shall:
a. on a regular basis, dust heating, ventilation and/or air-conditioning vents to include cold
air return, and
b. not block or cover any of the heating ventilation or air-conditioning vents, to include the cold air
return, and
c. remove any visible moisture accumulation in the apartment, including on walls, windows, floors,
ceilings, and bathroom fixtures; mop up spills and thoroughly dry affected area(s) as soon as
possible after occurrence; use exhaust fans in kitchen and bathroom when necessary; and
keep climate and moisture in the apartment at reasonable levels.
PL
2. NOTIFICATION OF MANAGEMENT. Residents shall promptly notify Management of the
presence of the following conditions:
a. water leak, excessive moisture, or standing water inside the apartment, storage room or
garage.
b. a water leak, excessive moisture, or standing water in any community common area.
c. mold growth in or on the apartment that persists after resident has tried several times to
remove it with household cleaning solutions, such as Lysol or Pine-Sol disinfectants, Tilex
Mildew Remover, or Clorox, or a combination of water and bleach.
d. a malfunction in any part of the heating, air-conditioning, or ventilation system in the apartment.
M
3. LIABILITY. Resident shall be responsible for damage to the unit and resident’s property as well
as personal injury to resident and occupants resulting from resident’s failure to comply with the
terms of this Addendum. Resident shall be liable to Owner for damages sustained to the
apartment or to the resident’s person or property as a result of resident’s failure to comply with the
terms of this Addendum.
4. VIOLATION OF ADDENDUM. Violation of this Addendum shall be deemed a material noncompliance under the terms of the Lease, and Owner shall be entitled to exercise all rights and
remedies it possesses against resident at law or in equity.
SA
The Lessees hereby release, indemnify and hold harmless Owner, its affiliates, joint venturers,
agents, partners, successors, assigns, officers, directors, shareholders, managers, current and
former employees, all persons acting on Owner’s behalf, all persons or other entities participating in
the ownership, rental or management of properties owned or managed by Owner, and their affiliates,
successors and assigns, officers, directors, shareholders, managers, current and former employees
from any and all claims, demands, damages, actions or causes of action, charges and liabilities,
known or unknown, in law or in equity, of whatever kind or nature, including, but not limited to, any
claims for property damage, personal injury, death, and attorney’s fees related to or resulting from the
presence of mold.
Resident
Date
Resident
Date
Resident
Date
Resident
Date
Resident
Date
Leasing
Date
original: Resident's file
copy: Resident
GSC Form 1215GA/NC/NV Lease Addendum – Mold © Revised December 4, 2007
Community: Royal Park
Address:
Protect Your Family From Lead In Your Home Pamphlet
Disclosure of Information on Lead-Based Paint
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, Lessor must disclose the presence of known leadbased paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally
approved pamphlet in lead poisoning prevention.
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LESSOR'S DISCLOSURE
(a) Knowledge regarding lead-based paint (check below):
X
Known lead-based paint is present in the housing (based on the HUD standard of 1.0 mg/cm2).
Exterior surfaces only as indicated on the other side of this disclosure
PL
No known lead-based paint is present in the housing (based on the HUD standard of 1.0
mg/cm2).
(b) Reports available to the Lessor (check below):
X
Lessor has provided the Lessee with available records and reports pertaining to lead-based paint
testing in the housing (list documents below).
LEAD-BASED PAINT INSPECTION REPORT FOR ROYAL PARK APARTMENTS,
December 3, 2001, Industrial Training Company, “EXECUTIVE SUMMARY”
Lessor has no reports or records pertaining to lead-based paint testing in the housing.
M
Lessor certifies that the information provided above is true and accurate to the best of its knowledge.
Lessor's Signature
Date
LESSEE'S ACKNOWLEDGMENT
SA
Lessee certifies that he/she/they has received copies of the information listed above, and the pamphlet
Protect Your Family From Lead in Your Home.
Lessee's Signature
Date
Lessee's Signature
Date
Lessee's Signature
Date
Lessee's Signature
Date
AGENT'S ACKNOWLEDGMENT
Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4582(d) and is aware of
his/her responsibility to ensure compliance.
Agent's Signature
Date
c.w. Resident's File
c.y. Resident
See reverse side for summary Æ
c.p. Resident
GSC Form 977RP Disclosure of Information on Lead-Based Paint Copyright January 4, 2002
General Services Corporation, Managing Agent, Revised
Excerpt From Lead-Based Paint Inspection Report
Royal Park Apartments
Chapel Hill, North Carolina
By
Industrial Training Company
10821 Trade Road
Richmond, VA 23236
Telephone: (888) 872-4655
E
December 3, 2001
EXECUTIVE SUMMARY
PL
General Services Corporation (GSC) contracted Industrial Training Company (ITC) to conduct a leadbased paint (LBP) inspection of the Royal Park Apartment Community, Chapel Hill, North Carolina. We
understand that the buildings were constructed in one phase, and consist of similar construction materials
and painting histories. Mr. James Madison of ITC, a Virginia licensed LBP inspector, conducted the
inspection from November 26, to November 28, 2001. The inspection was performed in substantial
conformance with the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,
as revised October 6, 1997, and other applicable federal and state regulations.
Per the Department of Housing and Urban Development (HUD) protocol, Mr. Madison inspected 27 units
of the 192 units in the Royal Park Complex. The inspection only identified lead-based paint on the
surfaces that were generally accessible through
non-destructive methods.
M
The results of the testing revealed that the painted surfaces listed below contain lead in excess of 1.0
2
mg/cm , and are considered to be LBP surfaces as defined by the HUD, and the Environmental
Protection Agency (EPA). Where the number of positive results on a component common to the
apartments tested represents 2.5% or greater of the total number sampled, per HUD guidelines, the
surface of the component is considered LBP complex wide. Please refer to the Multi Family Component
Type Chart.
Royal Park Exterior:
•
•
The wood siding, soffets and associated trim painted beige throughout the complex.
SA
•
The wood exterior ceiling and associated trim paint beige throughout the complex.
•
The wood door cases painted beige throughout the complex.
The wood doors painted blue throughout the complex.
Community: University Lake
Address:
Protect Your Family From Lead In Your Home Pamphlet
Disclosure of Information on Lead-Based Paint
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, Lessor must disclose the presence of known leadbased paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally
approved pamphlet in lead poisoning prevention.
E
LESSOR'S DISCLOSURE
(a) Knowledge regarding lead-based paint (check below):
X
Known lead-based paint is present in the housing (based on the HUD standard of 1.0 mg/cm2).
Exterior surfaces only as indicated on the other side of this disclosure.
PL
No known lead-based paint is present in the housing (based on the HUD standard of 1.0
mg/cm2).
(b) Reports available to the Lessor (check below):
X
Lessor has provided the Lessee with available records and reports pertaining to lead-based paint
testing in the housing (list documents below).
LEAD-BASED PAINT INSPECTION REPORT FOR UNIVERSITY LAKE APARTMENTS,
November 30, 2001, Industrial Training Company, “EXECUTIVE SUMMARY”
Lessor has no reports or records pertaining to lead-based paint testing in the housing.
M
Lessor certifies that the information provided above is true and accurate to the best of its knowledge.
Lessor's Signature
Date
LESSEE'S ACKNOWLEDGMENT
SA
Lessee certifies that he/she/they has received copies of the information listed above, and the pamphlet
Protect Your Family From Lead in Your Home.
Lessee's Signature
Date
Lessee's Signature
Date
Lessee's Signature
Date
Lessee's Signature
Date
AGENT'S ACKNOWLEDGMENT
Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4582(d) and is aware of
his/her responsibility to ensure compliance.
Agent's Signature
Date
c.w. Resident's File
c.y. Resident
See reverse side for summary Æ
c.p. Resident
GSC Form 977UL Disclosure of Information on Lead-Based Paint Copyright January 4, 2002
General Services Corporation, Managing Agent, Revised
Excerpt From Lead-Based Paint Inspection Report
University Lake Apartments
Chapel Hill, North Carolina
By
Industrial Training Company
10821 Trade Road
Richmond, VA 23236
Telephone: (888) 872-4655
November 30, 2001
E
EXECUTIVE SUMMARY
PL
General Services Corporation (GSC) contracted Industrial Training Company (ITC) to conduct a leadbased paint (LBP) inspection of the University Lake Apartment Community, Durham, North Carolina. We
understand that the buildings were constructed in one phase, and consist of similar construction materials
and painting histories. Mr. James Madison of ITC, a Virginia licensed LBP inspector, conducted the
inspection from November 26, to November 28, 2001. I performed the inspection in substantial
conformance with the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,
as revised October 6, 1997, and other applicable federal and state regulations.
Per the Department of Housing and Urban Development (HUD) protocol, Mr. Madison inspected 27 units
of the 180 units in the University Lake Complex. The inspection only identified lead-based paint on the
surfaces that were generally accessible through non-destructive methods.
M
The results of the testing revealed that the painted surfaces listed below contain lead in excess of 1.0
2
mg/cm , and are considered to be LBP surfaces as defined by the HUD, and the Environmental
Protection Agency (EPA). Where the number of positive results on a component common to the
apartments tested represents 2.5% or greater of the total number sampled, per HUD guidelines, the
surface of the component is considered LBP complex wide. Please refer to the Multi Family Component
Type Chart.
University Lake Exterior:
•
The wood door casings and associated trim painted beige throughout the complex.
SA
•
The wood doors painted teal throughout the complex.