RESIDENTIAL RENTAL CONTRACT
IN CONSIDERATION of the rent described below and the
mutual promises made to each other, ______________________________________
Richard Kunst, 109 Lariat Lane, Chapel Hill, NC
27517 919-967-2150________________________(“Landlord”),
by and through his/her/its agent
N/A__________________________________________
(“Agent”), leases and rents to ________________________________________________
(your name)________________________________________________________________________________________
(“Tenant”) and Tenant
does hereby lease and rent from Landlord the Premises
more particularly described below in accordance with the following terms and
conditions:
1. The Premises: Located in the City of __Durham
______________, County of ____Durham __________________________________,
State of North Carolina, being known as and more
particularly described as:
xStreet
Address:_2812 Crest St. Durham, NC_____________________________________________________________________________
_Apartment
Complex:_________________________________________________________Apartment No.
_________________________
_ Other Description (Room, portion of above address,
etc.):__________________________________________________________________
___________________________________________________________________________________________________________________
2. Term: The term of this lease shall be for _1
year________ (duration) commencing _11/01/09_ (date) and expiring _10/31/10______
(date) (the “Initial Term”). Either Landlord or Tenant
may terminate the tenancy at the expiration of the Initial Term by giving
written notice to the other
at least ___30________ days prior to the
expiration date of the Initial Term. In the event such written notice is not
given or if the Tenant holds over
beyond the Initial Term, the tenancy shall
automatically become a __month_______________ (period) to __month__________
(period) tenancy upon the
same terms and conditions contained herein and may
thereafter be terminated by either Landlord or Tenant giving the other __30______
days written
notice prior to the last day of the then current period
of the tenancy.
3. Rent: Tenant shall pay, without notice,
demand or deduction, to Landlord or as Landlord directs __MONTHLY_______________________
(payment period - for example: weekly, monthly,
quarterly, annually) rental payments in the amount of $__725.00_________________________.
The
first rental payment, which shall be prorated if the
Initial Term commences on a day other than the first day of the applicable
rental payment period, shall
be due on __Nov. 1, 2009___________________________________(date).
Thereafter, all rentals shall be paid in advance on or before the
__FIRST________________ day of each subsequent calendar___MONTH______________________________________(payment
period - for example:
week, month, quarter, year) for the duration of the
tenancy.
4. Late Payment Fees and Returned Check Fees: If
any rental payment is not received by midnight on the fifth (5th) day after it
is due,
Tenant shall pay a late payment fee of _____$35.00________________________________________________________________.
(NOTE: North
shall be due immediately without demand therefor and shall be added to and paid with the late
rental payment. Tenant also agrees to pay a
$_25.00_____ processing fee for each check of Tenant that is
returned by the financial institution because of insufficient funds or because
the Tenant did
not have an account at the financial institution. (NOTE: The maximum processing fee allowed under North
Carolina law is $25.00.)
5. Tenant Security Deposit: Tenant shall deposit
with: (check one)
xLandlord
_ Agent
the sum of $ __725.00_____________________, as
security deposit (“Tenant Security Deposit”), to be administered in accordance
with the North
Carolina Tenant Security Deposit Act (N.C.G.S. § 42-50
et. seq.).
If Landlord holds the Tenant Security Deposit, Landlord
will either: (check one)
xDeposit the
Tenant Security Deposit in a trust account with Central Carolina Bank________________________________________
__________________________________________________________________________________(name
of bank or savings institution)
located at__University
Square, Chapel Hill, NC 27514______________________________________________________________
________________________________________________________________________________________________________(address).
OR _ Furnish a bond
from_____________________________________________________________________________________________
_________________________________________________________________________________________(name
of bonding company)
located
at________________________________________________________________________________________________________
________________________________________________________________________________________________________(address).
If Agent holds the Tenant Security Deposit, Agent will
deposit it in a trust account with _________________________________________
__________________________________________________________________________________(name
of bank or savings institution)
located
at________________________________________________________________________________________________________
________________________________________________________________________________________________________(address).
THE TENANT SECURITY DEPOSIT MAY, IN THE DISCRETION OF
EITHER THE LANDLORD OR THE AGENT, BE DEPOSITED
IN AN INTEREST-BEARING ACCOUNT WITH THE BANK OR SAVINGS
INSTITUTION NAMED ABOVE. ANY INTEREST EARNED UPON
THE TENANT SECURITY DEPOSIT SHALL ACCRUE FOR THE
BENEFIT OF, AND SHALL BE PAID TO, THE LANDLORD, OR AS THE
LANDLORD DIRECTS. SUCH INTEREST, IF ANY, MAY BE
WITHDRAWN BY LANDLORD OR AGENT FROM SUCH ACCOUNT AS IT
ACCRUES AS OFTEN AS IS PERMITTED BY THE TERMS OF THE
ACCOUNT.
Upon any termination of the tenancy herein created, the
Landlord may deduct from the Tenant Security Deposit amounts sufficient to pay:
(1) any
damages sustained by the Landlord as a result of the
Tenant’s nonpayment of rent or nonfulfillment of the
Initial Term or any renewal periods, including
the Tenant’s failure to enter into possession; (2) any
damages to the Premises for which the Tenant is responsible; (3) any unpaid
bills which become a
lien against the Premises due to the Tenant’s
occupancy; (4) any costs of re-renting the Premises after a breach of this
lease by the Tenant; (5) any court
costs incurred by the Landlord in connection with
terminating the tenancy; and (6) any other damages of the Landlord which may
then be a permitted use
of the Tenant Security Deposit under the laws of this
State. After having deducted the above amounts, the Landlord shall, if the
Tenant’s address is
known to him, refund to the Tenant, within thirty (30)
days after the termination of the tenancy and delivery of possession, the
balance of the Tenant
Security Deposit along with an itemized statement of
any deductions. If the Tenant’s address is unknown to the Landlord, the
Landlord may deduct the
above amounts and shall then hold the balance of the
Tenant Security Deposit for the Tenant’s collection for a six-month period
beginning upon the
termination of the tenancy and delivery of possession
by the Tenant. If the Tenant fails to make demand for the balance of the Tenant
Security Deposit
within the six-month period, the Landlord shall not
thereafter be liable to the Tenant for a refund of the Tenant Security Deposit
or any part thereof.
If the Landlord removes Agent or Agent resigns, the
Tenant agrees that Agent may transfer any Tenant Security Deposit held by Agent
hereunder to the
Landlord or the Landlord’s designee and thereafter
notify the Tenant by mail of such transfer and of the transferee’s name and
address. The Tenant
agrees that such action by Agent shall relieve Agent of
further liability with respect to the Tenant Security Deposit. If Landlord’s
interest in the Premises
terminates (whether by sale, assignment, death,
appointment of receiver or otherwise), Agent shall transfer the Tenant Security
Deposit in accordance
with the provisions of North Carolina General Statutes
§ 42-54.
6. Tenant’s Obligations: Unless otherwise agreed
upon, the Tenant shall:
a. use the Premises for residential purposes only and
in a manner so as not to disturb the other tenants;
b. not use the Premises for any unlawful or immoral
purposes or occupy them in such a way as to constitute a nuisance;
c. keep the Premises, including but not limited to all
plumbing fixtures, facilities and appliances, in a clean and safe condition;
d. cause no unsafe or unsanitary condition in the
common areas and remainder of the Premises used by him;
Tenant Initial: _________
Tenant Initial: _________
Page 1 of 4
e.
comply with any and all obligations imposed upon tenants by applicable building
and housing codes;
f.
dispose of all ashes, rubbish, garbage, and other waste in a clean and safe
manner and comply with all applicable ordinances concerning
garbage
collection, waste and other refuse;
g.
use in a proper and reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other facilities and
appliances,
if any, furnished as a part of the Premises;
h.
not deliberately or negligently destroy, deface, damage or remove any part of
the Premises (including all facilities, appliances and fixtures)
or
permit any person, known or unknown to the Tenant, to do so;
i. be
responsible for and liable to the Landlord for all damage to, defacement of, or
removal of property from the Premises whatever the cause,
except
such damage, defacement or removal caused by ordinary wear and tear, acts of
the Landlord, his agent, or of third parties not invitees of the
Tenant,
and natural forces;
j.
permit the Landlord (and the Landlord hereby reserves the right to) to enter
the Premises during reasonable hours for the purpose of (1)
inspecting
the Premises and the Tenant’s compliance with the terms of this lease; (2)
making such repairs, alterations, improvements or additions thereto
as
the Landlord may deem appropriate; and (3) showing the Premises to prospective
purchasers or tenants. (The Landlord shall have the right to display
“For
Sale” or “For Rent” signs in a reasonable manner upon the Premises);
k.
pay the costs of all utility services to the Premises which are billed directly
to the Tenant and not included as a part of the rentals, including,
but
not limited to, water, electric, telephone, and gas services;
l.
conduct himself and require all other persons on the Premises with his consent
to conduct themselves in a reasonable manner and so as not to
disturb
other tenants’ peaceful enjoyment of the Premises; and
m.
not abandon or vacate the Premises during the Initial Term or any renewals or
extensions thereof. Tenant shall be deemed to have
abandoned
or vacated the Premises if Tenant removes substantially all of his possessions
from the Premises.
n.
__REPLACE LIGHT BULBS, FURNACE FILTERS, AND SMOKE ALARM BATTERIES, NOT BLOCK
A/C UNIT OR AIR_________________
RETURN
TO REAR OF HOUSE WITHIN 24 HOURS AFTER PICKUP_____________________________________________________
7.
Landlord’s Obligations: Unless otherwise agreed upon, the Landlord
shall:
a.
comply with the applicable building and housing codes to the extent required by
such building and housing codes;
b.
make all repairs to the Premises as may be necessary to keep the Premises in a
fit and habitable condition; provided, however, in accordance
with
paragraph 6.h. and i. above, the Tenant shall be
liable to the Landlord for any repairs necessitated by the Tenant’s intentional
or negligent misuse of
the
Premises;
c.
keep all common areas, if any, used in conjunction with the Premises in a clean
and safe condition; and
d.
promptly repair all facilities and appliances, if any, as may be furnished by
the Landlord as part of the Premises, including electrical,
plumbing,
sanitary, heating, ventilating, and air conditioning systems, provided that the
Landlord, except in emergency situations, actually receives
notification
from the Tenant in writing of the needed repairs. In accordance with paragraph
6.h. and i. above, the Tenant shall be liable to the
Landlord
for
any repairs to any facility or appliance necessitated by the Tenant’s
intentional or negligent misuse or improper operation of them.
8.
Rules and Regulations: The Tenant, his family, servants, guests and
agents shall comply with and abide by all the Landlord’s existing rules
and
regulations and such future reasonable rules and regulations as the Landlord
may, at Landlord’s discretion, from time to time, adopt governing the
use
and occupancy of the Premises and any common areas used in connection with them
(the “Rules and Regulations”). Landlord reserves the right to
make
changes to the existing Rules and Regulations and to adopt additional
reasonable rules and regulations from time to time; provided however, such
changes
and additions shall not alter the essential terms of this lease or any substantive
rights granted hereunder and shall not become effective until
thirty
(30) days’ written notice thereof shall have been furnished to Tenant. A copy
of the existing Rules and Regulations is attached hereto and the
Tenant
acknowledges that he has read them. The Rules and Regulations shall be deemed
to be a part of this lease giving to the Landlord all the rights and
remedies
herein provided.
9.
Pets:
_Tenant shall
not keep or harbor in or about the Premises any animals or pets of any kind
including, but not limited to, dogs, cats, birds and
marine
animals.
xTenant may,
upon the payment to Landlord of the sum of $_100 (refundable deposit)_____________________________
as a non-refundable pet fee,
keep
as a pet the following:_small neutered cat
or dog, bird, or fish________________________ (type of pets permitted). (If
this space is left blank, the
Tenant
may not keep any pets or animals in or about the Premises). If a pet fee is
paid pursuant to this paragraph, Tenant acknowledges that the amount
is
reasonable and agrees that the Landlord shall not be required to refund the pet
fee in whole or in part. In the event that a pet or pets are permitted
pursuant
to the paragraph, Tenant agrees to reimburse Landlord for any primary or
secondary damages caused thereby whether the damage is to the
Premises
or to any common areas used in conjunction with them, and to indemnify Landlord
from any liability to third parties which may result from
Tenant’s
keeping of such pet or pets.
The
Tenant shall remove any pet previously permitted under this paragraph
within__________ hours of written notification from the Landlord
that
the pet, in the Landlord’s sole judgment, creates a nuisance or disturbance or
is, in the Landlord’s opinion, undesirable. If the pet is caused to be
removed
pursuant to this paragraph, the Landlord shall not be required to refund the
pet fee; however, the Tenant shall be entitled to acquire and keep
another
pet of the type previously authorized.
10.
Alterations: The Tenant shall not paint or decorate the Premises or make
any alterations, additions, or improvements in or to the Premises
without
the Landlord’s prior written consent and then only in a workmanlike manner
using materials and contractors approved by the Landlord. All such
work
shall be done at the Tenant’s expense and at such times and in such manner as
the Landlord may approve. All alterations, additions, and
improvements
upon the Premises, made by either the Landlord or Tenant, shall become the
property of the Landlord and shall remain upon and become a
part
of the Premises at the end of the tenancy hereby created.
11.
Permitted Occupants: The Tenant shall not allow or permit the Premises
to be occupied or used as a residence by any person other than
Tenant
and the following named
persons:__________________________________________________________________________________
_______________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
12.
Rental Application: In the event the Tenant has submitted a Rental
Application in connection with this lease, Tenant acknowledges that
the
Landlord has relied upon the Application as an inducement for entering into
this Lease and Tenant warrants to Landlord that the facts stated in the
Application
are true to the best of Tenant’s knowledge. If any facts stated in the Rental
Application prove to be untrue, the Landlord shall have the right
to
terminate the tenancy and to collect from Tenant any damages resulting therefrom.
13.
Termination for Military Transfer: If Tenant is a member of the United
States Armed Forces who (i) has received permanent
change of
station
orders to move fifty (50) miles or more from the Premises or (ii) is
prematurely or involuntarily discharged or relieved from active duty with the
United
States Armed Forces, Tenant may terminate this lease by written notice of termination
to Landlord stating the effective date of such termination,
which
date shall not be less than thirty (30) days after receipt of notice by
Landlord, provided such notice is accompanied by a copy of the official orders
of
such transfer, discharge or release from active duty or a written verification
signed by the Tenant’s Commanding Officer. The final rent due by Tenant
shall
be prorated to such date of termination and shall be payable, together with
liquidated damages in the amount of (a) one (1) month’s rent for the
Tenant
Initial: _________
Tenant
Initial: _________
Page 2 of 4
Premises,
if less than six (6) months of the term of the lease have elapsed as of the
effective date of termination, or (b) the amount of one-half (1/2) of
one
(1) month’s rent, if more than six (6) months but less than nine (9) months of
the term of the lease have elapsed as of the effective date of such
termination;
provided, however, no liquidated damages shall be due unless Tenant has
completed less than nine (9) months of the tenancy and Landlord
has
suffered actual damage due to the loss of the tenancy.
Upon
Tenant’s compliance with all the requirements of this paragraph, Landlord shall
release Tenant from all obligations hereunder and this
lease
shall terminate. The Tenant Security Deposit shall be returned, subject to the
provisions of paragraph 5 above.
14.
Tenant’s Duties Upon Termination: Upon any termination of the Tenancy
created hereby, whether by the Landlord or the Tenant and
whether
for breach or otherwise, the Tenant shall: (1) pay all utility bills due for
services to the Premises for which he is responsible and have all such
utility
services discontinued; (2) vacate the Premises removing therefrom
all Tenant’s personal property of whatever nature; (3) properly sweep and clean
the
Premises, including plumbing fixtures, refrigerators, stoves and sinks,
removing therefrom all rubbish, trash, garbage and
refuse; (4) make such
repairs
and perform such other acts as are necessary to return the Premises, and any
appliances or fixtures furnished in connection therewith, in the same
condition
as when Tenant took possession of the Premises; provided, however, Tenant shall
not be responsible for ordinary wear and tear or for repairs
required
by law or by paragraph 7 above to be performed by Landlord; (5) fasten and lock
all doors and windows; (6) return to the Landlord all keys to
the
Premises; and (7) notify the Landlord of the address to which the balance of
the Security Deposit may be returned. If the Tenant fails to sweep out
and
clean the Premises, appliances and fixtures as herein provided, Tenant shall
become liable, without notice or demand, to the Landlord for a cleaning
fee.
Such fee shall: (i) reflect the actual costs of
cleaning (over and above ordinary wear and tear) and (ii) be deducted from the
Security Deposit as
provided
in paragraph 5 above.
15.
Tenant’s Default: In the event the Tenant shall:
(a)
fail to pay the rentals herein reserved as and when they shall become due
hereunder; or
(b)
fail to perform any other promise, duty or obligation herein agreed to by him
or imposed upon him by law and such failure shall continue
for
a period of five (5) days from the date the Landlord provides Tenant with
written notice of such failure,
then
in either of such events and as often as either of them may occur, the
Landlord, in addition to all other rights and remedies provided by law, may, at
its
option and with or without notice to Tenant, either (i)
terminate this lease or (ii) terminate the Tenant’s right to possession of the
Premises without
terminating
this lease. Regardless of whether Landlord terminates this lease or only
terminates the Tenant’s right of possession without terminating this
lease,
Landlord shall be immediately entitled to possession of the Premises and the
Tenant shall peacefully surrender possession of the Premises to
Landlord
immediately upon Landlord’s demand. In the event Tenant shall fail or refuse to
surrender possession of the Premises, Landlord shall, in
compliance
with Article 2A of Chapter 42 of the General Statutes of North Carolina,
reenter and retake possession of the Premises only through a
summary
ejectment proceeding. In the event Landlord
terminates this lease, all further rights and duties hereunder shall terminate
and Landlord shall be
entitled
to collect from Tenant all accrued but unpaid rents and any damages resulting
from the Tenant’s breach. In the event Landlord terminates the
Tenant’s
right of possession without terminating this lease, Tenant shall remain liable
for the full performance of all the covenants hereof, and landlord
shall
use reasonable efforts to re-let the Premises on Tenant’s behalf. Any such
rentals reserved from such re-letting shall be applied first to the costs of
re-letting
the Premises and then to the rentals due hereunder. In the event the rentals
from such re-letting are insufficient to pay the rentals due hereunder
in
full, Tenant shall be liable to the Landlord for any deficiency. In the event
landlord institutes a legal action against the Tenant to enforce the lease or
to
recover
any sums due hereunder, Tenant agrees to pay Landlord reasonable attorney’s
fees in addition to all other damages. Note: No fees may be
deducted
from the Tenant Security Deposit until the termination of the tenancy.
Thereafter, any fees due the Agent from the Landlord may be deducted
from
any portion of the Security Deposit due to the Landlord.
16.
Landlord’s Default; Limitation of Remedies and Damages: Until the Tenant
notifies the Landlord in writing of an alleged default and
affords
the Landlord a reasonable time within which to cure, no default by the Landlord
in the performance of any of the promises or obligations herein
agreed
to by him or imposed upon him by law shall constitute a material breach of this
lease and the Tenant shall have no right to terminate this lease for
any
such default or suspend his performance hereunder. In no event and regardless
of their duration shall any defective condition of or failure to repair,
maintain,
or provide any area, fixture or facility used in connection with recreation or
recreational activities, including but not limited to swimming
pools,
club houses, and tennis courts, constitute a material breach of this lease and
the Tenant shall have no right to terminate this lease or to suspend his
performance
hereunder. In any legal action instituted by the Tenant against the Landlord,
the Tenant’s damages shall be limited to the difference, if any,
between
the rent reserved in this lease and the reasonable rental value of the
Premises, taking into account the Landlord’s breach or breaches, and in no
event,
except in the case of the Landlord’s willful or wanton negligence, shall the
Tenant collect any consequential or secondary damages resulting from
the
breach or breaches, including but not limited to the following items: damage or
destruction of furniture or other personal property of any kind located
in
or about the Premises, moving expenses, storage expenses, alternative interim
housing expenses, and expenses of locating and procuring alternative
housing.
17.
Removal, Storage and Disposition of Tenant’s Personal Property:
a.
Ten days after being placed in lawful
possession by execution of a writ of possession, the Landlord may throw away,
dispose of, or sell all
items
of personal property remaining on the Premises. During the 10-day period after
being placed in lawful possession by execution of a writ of
possession,
the Landlord may move for storage purposes, but shall not throw away, dispose
of, or sell any items of personal property remaining on the
Premises
unless otherwise provided for in Chapter 42 of the North Carolina General
Statutes. Upon the Tenant’s request prior to the expiration of the 10-
day
period, the Landlord shall release possession of the property to the Tenant
during regular business hours or at a time agreed upon. If the Landlord
elects
to sell the property at public or private sale, the Landlord shall give written
notice to the Tenant by first-class mail to the Tenant’s last known
address
at least seven days prior to the day of the sale. The seven-day notice of sale
may run concurrently with the 10-day period which allows the
Tenant
to request possession of the property. The written notice shall state the date,
time, and place of the sale, and that any surplus of proceeds from the
sale,
after payment of unpaid rents, damages, storage fees, and sale costs, shall be
disbursed to the Tenant, upon request, within 10 days after the sale, and
will
thereafter be delivered to the government of the county in which the rental
property is located. Upon the Tenant’s request prior to the day of sale, the
Landlord
shall release possession of the property to the Tenant during regular business
hours or at a time agreed upon. The Landlord may apply the
proceeds
of the sale to the unpaid rents, damages, storage fees, and sale costs. Any
surplus from the sale shall be disbursed to the Tenant, upon request,
within
10 days of the sale and shall thereafter be delivered to the government of the
county in which the rental property is located.
b.
If the total value of all property remaining on the Premises at the time of
execution of a writ of possession in an action for summary
ejectment
is less than one hundred dollars ($100.00), then the property shall be deemed
abandoned five days after the time of execution, and the Landlord
may
throw away or dispose of the property. Upon the Tenant’s request prior to the
expiration of the five-day period, the Landlord shall release
possession
of the property to the Tenant during regular business hours or at a time agreed
upon.
18.
Bankruptcy: If any bankruptcy or insolvency proceedings are filed by or
against the Tenant or if the Tenant makes any assignment for the
benefit
of creditors, the Landlord may, at his option, immediately terminate this
Tenancy, and reenter and repossess the Premises, subject to the
provisions
of the Bankruptcy Code (11 USC Section 101, et. seq.) and the order of any
court having jurisdiction thereunder.
19.
Tenant’s Insurance; Release and Indemnity Provisions: The Tenant shall
be solely responsible for insuring any of his personal property
located
or stored upon the Premises upon the risks of damage, destruction, or loss
resulting from theft, fire, storm and all other hazards and casualties.
Regardless
of whether the Tenant secures such insurance, the Landlord and his agents shall
not be liable for any damage to, or destruction or loss of, any
of
the Tenant’s personal property located or stored upon the Premises regardless
of the cause or causes of such damage, destruction, or loss, unless such
loss
or destruction is attributable to the intentional acts or willful or wanton
negligence of the Landlord. The Tenant agrees to release and indemnify the
Landlord
and his agents from and against liability for injury to the person of the
Tenant or to any members of his household resulting from any cause
whatsoever
except only such personal injury caused by the negligent, or intentional acts
of the Landlord or his agents.
Tenant
Initial: _________
Tenant
Initial: _________
Page 3 of 4
20. Agent: The Landlord and the Tenant
acknowledge that the Landlord may, from time to time in his discretion, engage
a third party (“the
Agent”)
to manage, supervise and operate the Premises or the complex, if any, of which
they are a part. If such an Agent is managing, supervising and
operating
the Premises at the time this lease is executed, his name will be shown as
“Agent” on the first page hereof. With respect to any Agent engaged
pursuant
to this paragraph, the Landlord and the Tenant hereby agree that: (1) Agent
acts for and represents Landlord in this transaction; (2) Agent shall
have
only such authority as provided in the management contract existing between the
Landlord and Agent; (3) Agent may perform without objection
from
the Tenant, any obligation or exercise any right of the Landlord imposed or
given herein or by law and such performance shall be valid and binding,
if
authorized by the Landlord, as if performed by the Landlord; (4) the Tenant
shall pay all rentals to the Agent if directed to do so by the Landlord; (5)
except
as otherwise provided by law, the Agent shall not be liable to the Tenant for
the nonperformance of the obligations or promises of the Landlord
contained
herein; (6) nothing contained herein shall modify the management contract
existing between the Landlord and the Agent; however, the
Landlord
and the Agent may from time to time modify the management agreement in any
manner which they deem appropriate; (7) the Landlord, may,
in
his discretion and in accordance with any management agreement, remove without
replacing or remove and replace any agent engaged to manage,
supervise
and operate the Premises.
21.
Form: The Landlord and Tenant hereby acknowledge that their agreement is
evidenced by this form contract which may contain some
minor
inaccuracies when applied to the particular factual setting of the parties. The
Landlord and Tenant agree that the courts shall liberally and broadly
interpret
this lease, ignoring minor inconsistencies and inaccuracies, and that the
courts shall apply the lease to determine all disputes between the parties
in
the manner which most effectuates their intent as expressed herein. The
following rules of construction shall apply: (1) handwritten and typed
additions
or alterations shall control over the preprinted language when there is an
inconsistency between them; (2) the lease shall not be strictly
construed
against either the Landlord or the Tenant; (3) paragraph headings are used only
for convenience of reference and shall not be considered as a
substantive
part of this lease; (4) words in the singular shall include the plural and the
masculine shall include the feminine and neuter genders, as
appropriate;
and (5) the invalidity of one or more provisions of this lease shall not affect
the validity of any other provisions hereof and this lease shall be
construed
and enforced as if such invalid provision(s) were not included.
22.
Amendment of Laws: In the event that subsequent to the execution of this
lease any state statute regulating or affecting any duty or
obligation
imposed upon the Landlord pursuant to this lease is enacted, amended, or
repealed, the Landlord may, at his option, elect to perform in
accordance
with such statute, amendment, or act of repeal in lieu of complying with the
analogous provision of this lease.
23.
Eminent Domain and Casualties: The Landlord shall have the option to
terminate this lease if the Premises, or any part thereof, are
condemned
or sold in lieu of condemnation or damaged by fire or other casualty.
24.
Inspection of Premises:
_ Tenant
acknowledges that Tenant has inspected the Premises and completed a Move-in
Inspection Form. Landlord has accepted the form as
completed.
_ Tenant has the
right to inspect the Premises and complete the Move-in Inspection Form prior to
occupying the Premises.
25.
Other Terms and Conditions:
(a)
x(Check if applicable) The Premises were built prior to 1978. (Attach
Standard Form # 430, “Disclosure of Information on Lead-Based
Paint
and Lead-Based Paint Hazards Addendum.”)
(b)
If there is an Agent involved in this transaction, Agent hereby discloses to Tenant
that Agent is acting for and represents Landlord.
(c)
The following additional terms and conditions shall also be a part of this
lease:
_In
event of “holdover” after lease period ends, rent may increase._________________________________________________________________________________________
___________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________
(d)
Itemize all addenda to this Contract and attach hereto:
____________________________________________________________________________
___For
problems with house, call 656-5915 or 967-2150_____________________________________________________________________
___________________________________________________________________________________________________________________________
26.
Smoke Detectors: Pursuant to North Carolina General Statutes Section
42-42, the Landlord shall provide operable smoke detectors, either
battery-operated
or electrical, having an Underwriters’ Laboratories, Inc., listing or other
equivalent national testing laboratory approval, that are installed
in
accordance with either the standards of the national Fire Protection
Association or the minimum protection designated in the manufacturer’s
instructions.
The Landlord shall repair or replace the smoke detectors provided the Landlord
is notified in writing by the Tenant. The Landlord shall
place
new batteries in any battery-operated smoke detectors at the beginning of the
Initial Term of the Tenancy; the Tenant shall replace the batteries
as
needed during the Tenancy.
27.
Notice: Any notices required or authorized to be given hereunder or
pursuant to applicable law shall be mailed or hand delivered to the
following
addresses:
Tenant:
the address of the Premises
Landlord:
the address to which rental payments are sent.
28.
Assignment: The Tenant shall not assign this lease or sublet the
Premises in whole or part.
29.
Waiver: No waiver of any breach of any obligation or promise contained
herein shall be regarded as a waiver of any future breach of the
same
or any other obligation or promise.
30.
Execution; Counterparts: When Tenant signs this lease, he acknowledges
he has read and agrees to the provisions of this lease. This
lease
is executed in__2__________ (number) counterparts with an executed
counterpart being retained by each party hereto.
31.
Entire Agreement: This Agreement contains the entire agreement of the
parties and there are no representations, inducements or other
provisions
other than those expressed in writing. All changes, additions or deletions
hereto must be in writing and signed by all parties.
TENANT:
LANDLORD:
________________________________________________________
(SEAL) _________________________________________________(SEAL)
(your
name)
________________________________________________________
(SEAL) _________________________________________________(SEAL)
Date:
___________________________________________________
By:
____________________________________________, AGENT
_________________________________________________(SEAL)
Date: _________________________________________________
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