RESIDENTIAL
RENTAL CONTRACT
IN CONSIDERATION of the rent described below and the mutual promises
made to each other, ______________________________________
Richard Kunst,
N/A__________________________________________ ("Agent"), leases
and rents to ________________________________________________
____________________________________________________________________________________________________
("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 __Chapel Hill______________,
County of ____Orange__________________________________,
State of
xStreet Address:_130 S.
Estes D-4
xApartment Complex:
_ Other Description (Room, portion of above address,
etc.):__________________________________________________________________
___________________________________________________________________________________________________________________
2. Term: The term of this lease shall be for _1 year________
(duration) commencing _2009-08-15_ (date) and expiring _2010-08-14______
(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 $__550.00_________________________.
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 _August 15, 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 _____$25.00________________________________________________________________.
(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
5. Tenant Security Deposit: Tenant shall deposit with: (check
one)
xLandlord
_ Agent
the sum of $ __550.00_____________________,
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
__________________________________________________________________________________(name of bank or savings institution)
located at__University Square,
________________________________________________________________________________________________________(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
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___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________
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 $50 (refundable deposit)______________________________
as a non-refundable pet fee,
keep as a pet the
following:_(small pets--negotiable)___________________________________
(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
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:
___________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________
(d) Itemize all addenda to this
Contract and attach hereto: _Section 32 – Condominium rules, flood zone
knowledge______________________________
___For problems with unit,
call 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)
________________________________________________________ (SEAL)
_________________________________________________(SEAL)
Date:
___________________________________________________
By:
____________________________________________, AGENT
_________________________________________________(SEAL)
Date: _________________________________________________
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