Writing about Contract
View at Montgomery 1100 W MONTGOMERY AVE
PHILADELPHIA, PA 19122 215-423-1100 P 215-232-2796 F
VIEW AT MONTGOMERY ‐ RENTAL APPLICATION Date of Application: 11/06/2017 Property: View at Montgomery
Floorplan: 4 Bed 2 Bath Move in date: 08/04/2018 Lease Length: 12
How did you hear about us? Apartment Finder
PRIMARY APPLICANT INFORMATION
First Name: Daian Middle Name: Last Name: Yu
Gender: M Date of Birth: 04/19/1998
Social Security Number:
ID Type: Passport Number Identification Number: E20919584
Expiration Date: License State/Province:
Phone Number: 181-503-9914 Email Address: [email protected]
Permanent Street Address: Hu Shan Road
City: State: Zip Code:
Current Street Address: Hu Shan Road
City: State: Zip Code:
Expected Graduation Month & Year:
VEHICLE INFORMATION (IF APPLIES)
Vehicle Make: Model:
Color: Year:
Plate Number: State:
Acknowledgment: You declare that all your statements on this Application are true and complete. You authorize us to verify same through any means, including consumer reporting agencies and other rental housing owners. You acknowledge that you had an opportunity to review our rental selection criteria, which include reasons your application may be denied, such as criminal history, credit history, current income, and rental history. You understand that if you do not meet our rental selection criteria or if you fail to answer any question or give false information, we may reject the application, retain all application fees, administrative fees, and deposits as liquidated damages for our time and expense, and terminate your right of occupancy. Giving false information is a serious criminal offense. In lawsuits relating to the application or Lease Contract, the prevailing party may recover from the non-prevailing party all attorney’s fees and litigation costs. We may at any time furnish information to consumer reporting agencies and other rental housing owners regarding your performance of your legal obligations, including both favorable and unfavorable information about your compliance with the Lease Contract, the rules, and financial obligations. Fax or electronic signatures are legally binding. You acknowledge that our privacy policy is available to you. By submitting this application, I acknowledge and authorize a criminal background screening will be run for all primary applications and a credit screening will be run for all guarantor applications.
Right to Review the Lease: Before you submit an application or pay any fees or deposits, you have the right to review the Rental Application and Lease Contract, as well as any community rules or policies we have. You may also consult an attorney. These documents are binding legal documents when signed. We will not take a particular dwelling off the market until we receive a completed lease agreement and any other required information or monies to rent that dwelling. Additional provisions or changes may be made in the Lease Contract if agreed to in writing by all parties. You are entitled to an original of the Lease Contract after it is fully signed.
Resident Signature Date
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View at Montgomery 1100 W MONTGOMERY AVE
PHILADELPHIA, PA 19122 215-423-1100 P 215-232-2796 F
VIEW AT MONTGOMERY ‐ OFFER TO RENT
I, Daian Yu, agree that the rental rate structure below reflects any written or verbal agreement between myself and View at Montgomery to sign a lease starting 08/04/2018 and ending 07/31/2019 as of 11/06/2017.
All incentives, with the exception of a waived fees, deposits, or premium amenities, will be received within 30 days following move in. Failure to receive the incentive does not terminate the lease agreement.
I must have my file complete, in accordance with the ACH Rental Criteria, within 14 days of lease sign date in order to receive any incentive. If at any point I do not fulfill my lease agreement, I will be required to pay back the incentive at equal value.
In accordance with the lease contract and additional addendums, I understand the Installment breakdown due monthly will be as follows:
+1,029.00 Rent
= $1,029.00 Installment Due Monthly X 12 Number of Installments in Lease Term = $12,348.00 Total Contract Amount
Total Term due, in accordance with paragraph 6 outlined in lease contract agreement. *This total covers your base monthly installment due and allows you to see your full base term due (Monthly installment x 12). If resident elects to be all inclusive, any possible utility overages are still applicable. All residents are subject to additional lease fines or citations that are noted in the lease agreement and other addendums. **Resident must have this offer to rent in order to claim and receive an incentive.
Resident Signature Date
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View at Montgomery 1100 W MONTGOMERY AVE
PHILADELPHIA, PA 19122 215-423-1100 P 215-232-2796 F
VIEW AT MONTGOMERY ‐ LEASE AGREEMENT Date of Lease Agreement: 11/06/2017
This is a binding contract. Please read carefully before signing.
MOVING IN – GENERAL INFORMATION
1. PARTIES. This Lease Agreement (“Lease”) is between you, the resident (list all people signing the Lease): Daian Yu and us, the owner agent: Westmont North Associates LP (“Legal Entity Name”). The terms “you” and “your” or (“Resident”) refer to the Resident. You’ve agreed to (whichever of A or B is selected is applicable below):
[] (A) An undivided interest in a bedroom (“Bedroom”) that is part of a unit of bedrooms (“Unit”) within the floor plan 4 Bed 2 Bath at View at Montgomery, located at 1100 W MONTGOMERY AVE PHILADELPHIA, PA 19122 (―Facility), Landlord will identify which unit in a written notice to Resident prior to the beginning of the Term, together with the right to use, in common with others, the furniture, appliances, and personal property provided by Landlord in such Bedroom and Unit (collectively, ―Personal Property), and the right to use, in common with others, any common kitchen, bathrooms, personal property, and other common areas, to the extent currently in place at the Unit or the Facility (collectively ―Common Areas); or
[X] (B) An undivided interest in Bedroom D that is part of Unit No. 0505-D at View at Montgomery, located at 1100 W MONTGOMERY AVE PHILADELPHIA, PA 19122, together with the right to use, in common with others, the furniture, appliances, and personal property provided by Landlord in such Bedroom and Unit (collectively, ―Personal Property‖), and the right to use, in common with others, any common kitchen, bathrooms, personal property, and other common areas, to the extent currently in place at the Unit or the Facility (collectively ―Common Areas).
Written notice to or from our managers constitutes notice to or from us. If anyone else has guaranteed performance of this Lease Contract, a separate Lease Contract Guaranty for each guarantor is attached.
2. OCCUPANTS. The Resident agrees that the premises are to be occupied only by those specifically named in the Resident’s application and no one else. Resident agrees that there will be no more than one person per bedroom in full residence. All occupants must complete and submit a rental application. If any other person resides with the Resident without prior written authorization from the Landlord, the Landlord may, at its sole option, declare this lease agreement in default. The Resident further agrees that the above described premises cannot be assigned or sublet by said Resident either in whole or in part without specific prior written approval of the Landlord and any attempt to do so without Landlord’s prior written consent shall constitute a default hereunder. Although Resident may have visitors occasionally, it is understood that occupancy of the Premises is expressly reserved for the Resident only, and any persons occupying the premises as a guest for more than three (3) day period during any one (1) month period, in whole or part, during the term of this lease shall be deemed unauthorized, resulting in a breach of this lease. The occupancy of the leased premises by an unauthorized guest in excess of said one (3) day period shall be deemed a violation of the Lease and the Landlord shall be entitled to recover from the Resident and guest (whose liability shall be joint and several) an amount of rent equal to that being paid by Resident in addition to any other damages provided in this Lease and in addition to the right of the Landlord to declare the Lease in default and may end your right of occupancy.
ROOMMATES. The persons occupying the other exclusive spaces within the Unit (collectively referred to as the ―Roommates‖) will also be allowed to reside in the apartment. Resident acknowledges that Landlord has the right to assign a Roommate to the Apartment before or during the term of this Lease and the Resident’s right to occupy the Common Area is only as a co- occupant with the Roommates, all of whom have executed separate Resident Lease Agreements with Owner to occupy their exclusive spaces and the Common Area of the Unit. Resident acknowledges that whether or not the Roommates have been selected by Resident or by the
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Landlord, the Landlord is not responsible or liable for any claims, or action of any nature whatsoever relating to, arising out of or connected with disputes between Resident and Roommates or between Roommates.
RELOCATION. To the extent practical in our sole judgment, we will try to honor requests for residing in a particular dwelling. If we receive a joint request from you and another resident in your unit to exchange bedrooms within 10 days after your initial occupancy, and you comply with our procedures and required documentation, you may change bedrooms with another resident in your dwelling without being subject to a transfer fee of $200.00. Transfer at your request to a dwelling other than the one you initially occupied may be made only with our prior written approval and for a similar fee. For purposes of operating efficiently and harmoniously, we reserve the right at any time, upon five days prior written notice to you and without your having to pay any transfer fee, to relocate you to another bedroom in the dwelling or to another dwelling within the apartment community. We will assist you in moving your personal property and pay for rekeying if we require transfer.
3. LEASE TERM. The initial term of the Lease begins on 08/04/2018 (“Lease Commencement”) and ends at 10AM on 07/31/2019 (“Expiration Date”).
4. SECURITY DEPOSIT. The total security deposit for Resident is $2,168.00, due on or before the date this Lease Contract is signed. This amount does not include an animal deposit. Any animal deposit will be stated in an animal addendum. Security deposit will be returned to Resident within 30 days after the Unit is vacated if all of the following conditions are met to the satisfaction of the Landlord:
● Full term of lease has expired. ● No damage to property beyond normal wear and tear to Landlord’s property, appliances, window coverings, and carpet (stains,
burns, tears, etc. are not considered normal wear). ● Unit is left in its original condition (normal wear and tear exempted). ● Unit (including appliances, bathrooms, closets, cabinets, fixtures, etc.) is in broom clean condition with all rubbish, debris, and
discards placed in the property’s outside refuse containers. ● All apartment, mailbox, and other assigned keys or access cards are returned in person to Landlord’s personnel. Forwarding
address has been furnished to Landlord. ● No breach of Lease and/or regulations has occurred. ● This deposit is not rent and shall never be applied by the Resident as payment in whole or in part of any rental payments due;
including last month’s rent payment, under the lease. In the event of any violation of the terms of this Lease by the Resident or in the event of any damage to property beyond fair and normal wear, deductions against the security deposit exceeding the amount of the security deposit shall immediately become due and payable from the Resident.
● In the event Landlord elects to repair damage to the Landlord’s property caused by Resident during the term of this lease, the cost of such repair shall be deducted from Resident Security Deposit and Resident shall promptly deposit with the Landlord that amount necessary to re-establish the required security deposit.
5. KEYS, FURNITURE AND AFFIDAVIT OF MOVE‐OUT. You will be provided 1 apartment key(s), 1 mailbox key(s), 1 bedroom key, and 0 other access device(s) for gate and clubhouse access. Any resident, occupant, or spouse who, according to a remaining resident’s affidavit, has permanently moved out or is under court order to not enter the apartment, is (at our option) no longer entitled to occupancy, keys, or other access devices. Your apartment will be (check one): [X] Furnished, [] Partially Furnished, [] Unfurnished.
6. RENT AND CHARGES. Rent Payment totaling $12,348.00 for the Lease Term is payable in advance in 12 equal installments of $1,029.00 for rent, in advance and without demand at the on-site manager’s office
The first installment is due on or before the first of the month in which your lease begins. Otherwise, you must pay for your rent on or before the 1st day of each month (due date) with no grace period. Rent is payable by check, MoneyGram, cashier’s check or credit card. You have no right to withhold rent for any purpose, even an act of God, or to reduce or offset Rent payable to us by any of your costs or damages against us. We may, at our option, require at any time that you pay all rent and other sums by online credit payment, certified or cashier’s check, MoneyGram, or one monthly check rather than multiple checks, but we will not accept personal checks after the 10th of the month. Cash, international funds, or temporary checks will not be accepted. If you don’t pay all rent before the FOURTH (4th) day of the month, and we haven’t given notice to vacate before that date, you’ll pay an initial late charge of $30 plus a late charge of $5 per day after that date until paid in full. Daily late charges shall not exceed 15 days for any single month’s rent. If you
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give us a check that is unpaid by the financial institution for any reason, you must immediately replace such returned check with a MoneyGram, cashier’s/certified check, or credit card. After two returned checks, you must make all future payments by MoneyGram, cashiers/certified check, or credit card. You will also pay a charge of $35 for each returned check or rejected automatic electronic draft, plus initial and daily late charges from due date until we receive acceptable payment. If you do not pay rent on time, you will be delinquent and all remedies under state law and this Lease will be authorized.
7. UTILITIES. We will pay for the following items in full, if checked: [X] gas, [X] water, [X] waste, [] electricity, [X] trash, [X] cable, [X] internet service, and [] other utilities.
We will furnish the following allotments/utility caps for the items listed: $0 cap for water per resident, $50 (studios) and $30 (all other floorplans) cap(s) for electricity per resident. Any usage billed over this amount will be the responsibility of all residents in the apartment and payable to the property within ten days. Resident is responsible for all setup, deposits, and activation fees of all utilities not paid for by the property.
You’ll pay for all other utilities, related deposits, all amount not covered by the allotment/utility caps (if applicable) and any charges or fees on such utilities during your Lease Contract term. You must not allow any utilities (other than ones provided by the property) to be cut off or switched off for any reason, including disconnection for not paying your bills, until the Lease term or renewal period ends. If a utility is sub-metered or prorated by an allocation formula, we will attach an addendum to this Lease contract in compliance with state agency rules. If a utility is individually metered, it must be connected in your name, and you must notify the utility provider of your move-out date so the meter can be timely read. If you delay getting it turned on in your name by Lease Commencement or cause it to be transferred back into our name before you surrender or abandon the apartment, you will be liable for a charge not to exceed $50.00 per month, plus the actual or estimated cost of the utilities used while the utility should have been connected in your name. If you are in an area open to competition and your unit is individually metered, you may choose or change your retail electric provider at any time. If you qualify, your provider will be the same as ours, unless you choose a different provider. If you choose or change your provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back into our name after you move out.
8. INSURANCE. Our insurance does not cover the loss of or damage to your personal property. You are (check one):
[] required to buy and maintain renter’s or liability insurance (see attached addendum), or [X] not required to buy renter’s or liability insurance.
The Resident assumes all responsibility for any damages caused to their apartment by their own negligence by causing fires, theft, water damage, pipe leaks, and other similar occurrences. Also, under no circumstances will the landlord be responsible for any damages to residents’ personal belongings. The resident agrees that by signing this page that this constitutes the landlord, strongly urging resident to obtain from his or her own insurance company renters insurance. The resident understands that if they cause any damage by fire or flood that they are responsible for any repairs needed to the apartment and any other damage to the property that was directly affected by the resident’s negligence. The resident agrees that the landlord may recover reasonable attorney fees and court cost for the collection of nonpayment for repairing damages caused to the leased premises and/or any other part of the property that was damaged because of resident negligence
9. SECURITY DEVICES. Keyed lock(s) will be re‐keyed after the prior resident moves out. The re‐keying will be done either before you move in or within 7 days after you move in, as required by statute.
PAYMENT. We will pay for missing security devices that are required by statute. You will pay for: (1) rekeying that you request (except when we failed to rekey after the previous resident moved out); and (2) repairs or replacements due to misuse or damage by you or your family, occupants, or guests. You must pay immediately after the work is done unless state statute authorizes advance payment. You also must pay for additional or changed security devices you request, in advance or afterward, at our option.
SPECIAL PROVISIONS AND “WHAT IF” CLAUSES
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10. SPECIAL PROVISIONS. The following or attached special provisions and any addenda or written rules furnished to you at or before signing will become a part of this Lease Contract and will supersede any conflicting provisions of this printed Lease Contract form. ALL ATTACHED ADDENDA APPLY.
11. UNLAWFUL EARLY MOVE‐OUT; RELETTING CHARGE. You will be liable to us for a reletting charge of 85% of the highest monthly installment during the Lease Contract term) if you:
1. Fail to move in; or 2. Move out without paying rent in full for the entire Lease Contract term or renewal period; or 3. Move out at our demand because of your default; or 4. Are judicially evicted.
The reletting charge is not a cancellation fee and does not release you from your obligations under this Lease contract. See following paragraph.
NOT A RELEASE. The reletting charge is not a Lease Contract cancellation or buyout fee. It is a liquidated amount covering only part of our damages; that is, our time, effort, and expense for processing a replacement. These damages are uncertain and difficult to ascertain – particularly those relating to make ready, inconvenience, and paperwork. You agree that the reletting charge is a reasonable estimate of such damages. If no amount is stipulated, you must pay our actual reletting costs so far as they can be determined. The reletting charge does not release you from continued liability for: future or past-due rent; charges for cleaning, repairing, repainting, or unreturned keys; or other sums due.
View at Montgomery IS LOCATED IN A COMMUNITY IN WHICH IT IS DIFFICULT TO RELEASE OR RELET AN APARTMENT SPACE ONCE YOU HAVE SIGNED THIS LEASE. WE CANNOT PROVIDE ASSURANCES AND WE DO NOT REPRESENT THAT YOUR SPACE WILL BE RELET OR THAT A REPLACEMENT RESIDENT WILL BE FOUND IF YOU FAIL TO TAKE POSSESSION, IF YOU ARE CONTEMPLATING AN EARLY MOVE‐OUT, OR IF THE SPACE IS VACATED FOR ANY OTHER REASON. YOU WILL REMAIN OBLIGATED UNDER THIS LEASE AND WILL NOT BE RELEASED SHOULD YOU VACATE OR FAIL TO TAKE POSSESION SAVE AND EXCEPT AS PROVIDED FOR UNDER PARAGRAPH 22 OF THE LEASE.
12. DAMAGES AND REIMBURSEMENT. You must submit payment in full within 30 days loss, damage, consequential damages, government fines or charges, or cost of repairs or service in the apartment or community due to: a violation of the Lease Contract or rules; improper use; negligence; other conduct by you or your invitees, guests or occupants; or any other cause not due to our negligence or fault. You will indemnify and hold us harmless from all liability arising from the conduct of you, your invitees, guests, or occupants, or our representatives who perform at your request services not contemplated in this Lease Contract. We may re- quire payment at any time, including advance payment of repairs for which you’re liable. Delay in demanding sums you owe is not a waiver. All such rights are hereby expressly reserved.
13. PROPERTY LEFT IN APARTMENT. For this purpose, ―apartment excludes common areas, but includes interior living areas and exterior patios, balconies, attached garages, and storerooms for your exclusive use. In accordance with Section 505.1(b) of the Pennsylvania Landlord and Tenant Act you shall have ten days to contact us regarding your intent to remove any personal property remaining in your apartment after you have relinquished possession. If we have written communication from you we will store the property for thirty days. If there is no communication from you we may dispose of the property at the end of ten days, at our discretion. If you have communicated to us requesting us to store the property for 30 days and you do not remove the property by the end of the thirty days, it may be disposed of at our discretion.
STORAGE. We will store property removed per the prior paragraph. We are not liable for casualty loss, damage, or theft except for property removed. You must pay reasonable charges for our packing, removing, storing, and selling any property.
14. FAILING TO PAY FIRST MONTH’S RENT. If you don’t pay the first month’s rent when or before the Lease Contract begins, all future rent will be automatically accelerated without notice and immediately due. We also may end your right of occupancy and recover damages, future rent, reletting charges, attorney’s fees, court costs, and other lawful charges. Our rights, remedies and duties under paragraphs 11 and 33 apply to acceleration under this paragraph.
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15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent increases or Lease Contract changes are allowed before the initial Lease Contract term ends, except for changes allowed by any special provisions in paragraph 10, by a written addendum or amendment signed by you and us, or by reasonable changes of apartment rules allowed under paragraph 18.
16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for construction, repairs, cleaning, or a previous resident’s holding over, we are not responsible for the delay. The Lease Contract will remain in force subject to abatement of rent on a daily basis during delay.
In the event Lessor cannot deliver possession of the Unit to Lessee on the Lease Term Starting Date through no fault of Lessor or its agents, Lessor shall have no liability and the Rent herein provided shall not abate; provided, however; Lessor shall provide substitute living accommodations (which may be a hotel room comparable to Unit, based on a monthly rate comparable to Unit monthly rate, availability, and other factors as dictated by hotel) until possession of the Unit is given. Lessor shall provide Unit with access to one (1) 10’X’10’ climate controlled storage space during the period that Lessee does not have possession of the unit. Lessor or its agents shall have thirty (30) days after the Lease Term Starting Date in which to give possession of the Unit to Lessee, and if possession is tendered within such time, Lessee agrees to accept the Unit. In the event possession cannot be delivered within such thirty (30) day period, then this Addendum and the Agreement and all rights and obligations there under shall terminate upon conclusion of the thirty (30) day period from Lease Term Starting Date.
Rent abatement does not apply if delay is for cleaning or repairs that don’t prevent you from occupying the apartment.
17. DISCLOSURE RIGHTS. If someone requests information on you or your rental history for law-enforcement, governmental, or business purposes or for any other legitimate purpose, as determined by Landlord, we may provide it. At our request, any utility provider may furnish us information about pending or actual connections or disconnections of utility service to your unit.
WHILE YOU’RE LIVING IN THE APARTMENT
18. COMMUNITY RULES & REGULATIONS. You and all guests and occupants must comply with any written apartment community rules and regulations, including instructions for care of our property. Our rules are considered part of this Lease Contract and are incorporated herein for all purposes. We may make reasonable changes to written rules, effective immediately, upon their distribution to you, and rules are applicable to all units in the apartment community and do not change dollar amounts on this Lease Contract. You must comply with any subdivisions or deed restrictions that apply.
19. LIMITATIONS ON CONDUCT. The apartment and other areas reserved for your private use must be kept clean. Trash must be disposed of at least weekly in appropriate receptacles in accordance with local ordinances. Trash is not to be stored on balconies, breezeways, or passageways. Passageways may be used only for entry or exit. Any swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry rooms, and similar areas must be used with care in accordance with apartment rules and posted signs. Glass containers are prohibited in or near pools and all other common areas. You, your occupants, or guests may not anywhere in the apartment community: use candles or use kerosene lamps or heaters without our prior written approval; cook on balconies or outside; or solicit business or contributions. Conducting any kind of business (including child-care services) in your apartment or in the apartment community is prohibited – except that a lawful business conducted ―at home‖ by computer, mail or telephone is permissible if customers, clients, patients, or other business associates do not come to your apartment for business purposes. We may regulate: (1) the use of patios, balconies, and porches; (2) the conduct of furniture movers and delivery persons; and (3) recreational activities in common areas.
We may exclude from the apartment community guests or others who, in our judgment, have been violating the law, violating this Lease Contract or any apartment rules, or disturbing other persons, residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area a person who refuses to show photo identification or refuses to identify himself or herself as a resident, occupant, or guest of a specific resident in the community.
20. PROHIBITED CONDUCT. You or your occupants or guests may not engage in the following activities: criminal conduct; be- having in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business operations; manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state
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law; discharging a firearm in the apartment community; displaying or possessing a gun, knife or other weapon in the apartment community common area in a way that may alarm others; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; using windows for entry or exit; heating the apartment with a gas-operated cooking stove or oven; or injuring our reputation by making bad faith allegations against us to others. Engaging in any of these activities shall be considered a breach of the Lease.
The fact that you and your roommates may be in conflict with each other will not act as grounds to terminate the Lease. If your roommate or a potential roommate was not truthful on their roommate preference card, we are not liable.
Resident and his/her guests will not engage in or permit apartment to be used for criminal activity, including drug - related criminal activity and will not engage in the manufacture, sale or distribution of illegal drugs at any location, whether on, or near, the com- munity. It is YOUR responsibility, not View at Montgomery’s responsibility, to notify the proper authorities if you suspect a room- mate or guest is engaged in illegal activities. Possession and consumption of alcoholic beverages must be in full compliance with local, state and federal laws and regulations. Violations of the above shall be a material violation of the Lease and may be cause for termination of tenancy, but does NOT release you from your financial obligations under the Lease.
21. RELEASE OF RESIDENT. Tenant may have special statutory rights to terminate the Lease early in certain situations involving sexual assault or sexual abuse, family violence or a military deployment or military transfer.
22. CANCELLATION. If written cancellation is received within 72 hours of the date the resident signed this document, the lease will be void without penalties; unless property has received first installment and/or resident has been issued keys.
23. PARKING. We may regulate the time, manner and place of parking all cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles. Motorcycles or motorized bikes may not be parked inside an apartment unit or on sidewalks, under stair- wells, or in handicapped parking areas. All vehicles owned or operated by you may be required to have a Property parking sticker if we have so designated. If provided, guests must park in the designated guest parking areas. Otherwise, there are no assigned parking spaces and parking spaces if provided, are available on a first come, first served basis. We may have unauthorized or illegally parked vehicles towed according to state law at the owner or operator’s expense at any time if it:
● has a flat tire or is otherwise inoperable; or ● is on jacks, blocks or has wheel(s) missing; or ● takes up more than one parking space; or ● belongs to a resident or occupant who has surrendered or abandoned the apartment; or ● is in a handicap space without the legally required handicap insignia; or ● is in a space marked for office visitors, managers, or staff; or ● blocks another vehicle from exiting; or ● is in a fire lane or designated ―no parking area; or ● is in a space marked for other resident or unit(s); or ● is on the grass, sidewalk, or patio; or ● blocks garbage trucks from access to a dumpster; or ● has no current license, registration or inspection sticker, and we give you at least 10 days’ notice that the vehicle will be towed if
not removed.
WARNING; YOUR VEHICLE WILL BE TOWED IF YOU FAIL TO COMPLY WITH THE APARTMENT COMMUNITY’S PARKING POLICIES.
24. MILITARY PERSONNEL CLAUSE. Under the following circumstances, you may terminate the lease by giving us written notice if: (1) you are or become a member of the U.S. Armed Forces on extended active duty and receive change-of-station orders to permanently depart the local area, or if you are relieved from active duty (subject to the exception noted below); or (2) you are deployed to a foreign country as a member of the U.S. Armed Forces and are not continuing to receive housing allowance from the military. In either case, upon your notice, the lease will terminate the under this Military Clause 30 days after the date on which your next rental date is due. The date of deployment or station change in the future must be before your lease term ends. You must furnish us either a copy of the official permanent change-of-station orders or a deployment letter or order. Military permission for base housing doesn’t constitute a permanent change-of-station order. After move-out you are entitled to the return of your security deposit, less lawful
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deductions. When signing or renewing a lease, if you already have deployment or change-of-station orders, or if you know that you will be retiring or that your enlistment term will end before the end of the lease term, you will not be released from this lease with- out our prior approval. Deployment or station change orders will only release the resident who qualifies (1) or (2) above and receives such orders during the lease term, and such resident’s spouse and/or legal dependents.
25. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants and guests must exercise due care for your own and others’ safety and security, especially in the use of smoke detectors, door and window locks, and other safety or security devices. You agree to make every effort to follow the Security Guidelines in paragraph 37. Window screens are not for security or keeping people from falling out.
SMOKE DETECTORS. We will furnish smoke detectors as required by statute or city ordinance, and we will test them and provide working batteries when you first take possession. After that, you must pay for and replace batteries as needed unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. You must immediately report smoke detector malfunctions to us. Neither you nor others may disable smoke detectors. If you damage or disable the smoke detector or remove a battery without replacing it with a working battery, you may be liable to us for $100 plus one month’s rent, actual damages, and attorney’s fees. You also will be liable to us and others if: (1) you fail to report malfunctions or (2) any loss, damage, or fines result from fire, smoke or water.
CASUALTY LOSS. We are not liable to any resident, guest, or occupant for personal injury or damage or loss of personal property from casualty losses including but not limited to fire, smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind, explosions, interruption of utilities, pipe leaks, theft or vandalism unless otherwise required by law. We have no duty to remove any ice, sleet or snow but may remove any amount with or without notice. Unless we instruct otherwise, you must, for 24 hours a day during freezing weather, (1) keep the apartment heated to at least 50 degrees; (2) keep cabinet and closet doors open and (3) drip hot and cold water faucets. You’ll be liable for damage to our and others property if damage is caused by broken water pipes due to your violating these requirements.
CRIME OR EMERGENCY. Dial 911 or immediately call local medical emergency, fire or police personnel in case of accident, fire, smoke, suspected criminal activity, or other emergency involving imminent harm. You should then contact our representative. You will not treat any of our security measures as an express or implied warranty of security, or as a guarantee against crime or of reduced risk of crime. Unless otherwise provided by law, we are not liable to you or any guests or occupants for injury, damage or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. Even if previously provided we are not obligated to furnish security personnel, patrols, lighting, gate or fences or other forms of security unless required by statue. We are not responsible for obtaining criminal history checks on any residents, occupants, guests, or contractors in the apartment community. If you or any occupant or guest is affected by a crime, you must make a written report to our representative and to the appropriate law-enforcement agency. You also must furnish us with the law-enforcement agency’s incident report number upon request.
EXTENDED PHYSICAL ABSENCE. If you are absent from the apartment for an extended period of time at any point during the lease term, you agree to periodically check-in on your individual bedroom, bathroom and the common areas. You understand that you are fully responsible for your bedroom and a pro rata share of the common area if preventable property damage (including, but not limited to, damage caused by water leaks, power outages, equipment malfunction, fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, crime in-progress, etc.) occurs during your extended absence.
26. CONDITION OF THE PREMISES AND ALTERATIONS. You accept the apartment, fixtures, and furniture AS IS, except for conditions materially affecting the health or safety of ordinary persons. WE DISCLAIM ALL IMPLIED WARRANTIES AND NO EXPRESS WARRANTIES HAVE BEEN MADE TO YOU. You’ll be given an Inventory and Condition form on or before move-in. Within 48 hours after move-in, you must sign and note on the form all defects or damage and return it to our representative. Otherwise everything will be considered to be in a clean, safe, and good working condition.
You must use customary diligence in maintaining the apartment and not damaging or littering the common areas. Unless authorized by statute or by us in writing, you must not do any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the apartment. But we will permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood paneled walls, unless our rules state otherwise. No water furniture, washing machines, additional phone or TV cable outlets, alarm systems, or lock changes, additions, or rekeying is permitted unless
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statutorily allowed or we’ve consented in writing. You agree not to alter, damage, or remove our property, including alarm systems, smoke detectors, furniture, telephone and cable TV wiring, screens, locks, and security devices. When you move in, we will supply light bulbs for fixtures we furnish, including exterior fixtures operated from inside the apartment. After that, you’ll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (whether or not we consent) become ours unless we agree otherwise in writing.
27. MAINTENANCE, ALTERATIONS AND REPAIR. a. You are responsible for and will take good care of the Premises and Common Areas. You will not remove any of our property, and
you will not perform any repairs, painting, wall papering, electrical changes or other alterations (other than for small nail holes in sheet rock for hanging pictures) of the Premises without our prior written consent. We can require you to prepay or, if we elect, you agree to repay us, within 10 days after we send you an invoice, for the cost of all repairs made necessary by you, your guest's or any other person's violation of this Lease Agreement or the negligent or careless use of the Premises or any part of the Property including without limitation damage from waste water stoppages caused by foreign or improper objects in lines serving your bathroom, damages to furniture, appliances, doors, windows or screens, damage from window or doors left open and repairs or replacements to security devices necessitated by misuse or damage by you or your guests (this includes damages that may have been caused to the Unit by other residents of the Unit if we cannot determine who is responsible). If you prepay, any over-payment will be applied against any amount that you owe us, and the remainder will be returned to you; if your prepayment was less than the cost incurred, you will pay us that amount within ten (10) days after we send you an invoice. Your obligations to pay the charges described in this paragraph will survive after the ending of this Lease Agreement. All damages will be billed to you within 10 days.
b. We can temporarily turn off equipment and interrupt utilities to avoid property damage or to perform work requiring such interruption as determined in our sole judgment.
c. Except in the event of an emergency, if you have a request for repairs or services to the Premises, or repairs or replacements of security devices, the request must be in writing to us. In case of malfunction of utilities or damage by fire, water, or similar cause, you must notify us immediately. In case of malfunction of air conditioning or other equipment, you must notify us in writing as soon as possible. Additionally, you are required to notify us in writing promptly of: water leaks; electrical problems; carpet holes; broken glass; broken locks or latches; and any condition which you reasonably believe poses a material hazard to health or safety. Once we receive the notice, we will act with reasonable diligence in making repairs and reconnections, but during that time you cannot stop payment of or reduce the rent except to the extent allowed by law.
d. Neither we nor the Manager will be liable for any inconvenience, discomfort, disruptions or interference with your use of the premises because we or the Manager are making repairs, alterations or improvements to the Premises, the Unit, or the Property. If you request any repairs they will be done during our usual working hours unless you request in writing that such repairs be done during other hours. If we approve such request, unless the repairs are required by an emergency, you will have to pay in advance any additional charges (such as overtime) resulting from such request.
e. We are not liable to you or your guests for personal injury or damage loss of personal property from any cause, including but not limited to, fire, smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind, explosion, or surges or interruption of utilities; except to the extent that such injury, damage or loss is caused by our negligence or the negligence of the Manager. We urge you to obtain your own insurance for losses due to such causes.
28. ANIMALS. No animals (including mammals, reptiles, birds, fish, rodents, amphibians, arachnids and insects) are allowed, even temporarily, anywhere in the apartment or apartment community unless we’ve so authorized in writing. If we allow an animal, you must sign a separate animal addendum and pay an animal deposit. An animal deposit is considered a general security deposit. We will authorize a support animal for a disabled (handicapped) person. We may require a written statement from a qualified professional verifying the need for the support animal. You must not feed stray or wild animals.
If you or any guest or occupant violates animal restrictions (with or without your knowledge), you’ll be subject to charges, damages, eviction, and other remedies provided in this Lease Contract. If an animal has been in the apartment at any time during your term of occupancy (with or without our consent) we will charge you for defleaing, deodorizing, and shampooing. Initial and daily animal-violation charges and animal removal charges are liquidated damages for our time, inconvenience, and overhead (except for attorney’s fees and litigation costs) in enforcing animal restrictions and rules. We may remove an unauthorized animal by (1) leaving, in a conspicuous place in the apartment, a 24-hour written notice of intent to remove the animal, and (2) following the procedures of paragraph 29. We may keep or kennel the animal or turn it over to a humane society or local authority. When keeping or kenneling an animal, we will not be liable for loss harm, sickness, or death of the animal unless due to our negligence. We will return the animal to
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you upon request if it has not already been turned over to a humane society or local authority. You must pay for the animal’s reasonable care and kenneling charges. We have no lien on the animal for any purpose.
29. RIGHT OF ACCESS. Landlord shall have the right of access to apartment, without notice, for inspection and maintenance during reasonable hours. In case of emergency, Landlord may enter at any time to protect life and prevent damage to the property. Resident authorizes Landlord to show the apartment to prospective renters after Resident has given notice of termination. The Land- lord will be conducting periodic inspections and visitations for the purposes of pest control, water meter readings, and preventative maintenance repairs. Whenever possible, notice will be given of such inspections and visitations.
RELETTING
30. RELETTING CHARGE. There is no early termination clause in this Lease Agreement. You will be liable for a reletting charge equal to 85% of the highest monthly rent during the lease term if you (1) fail to move in or (2) move out without our prior written approval, or (3) are judicially evicted. The reletting charge is not a cancellation fee and does not release you from your obligations under the lease. It is not a release. The reletting charge is not a lease cancellation fee or buyout fee. It is an agreed-to liquidated amount covering only part of our damages, that is, our time, effort, and expense in finding and processing a replacement. These damages are uncertain and difficult to ascertain – particularly those relating to administrative and marketing costs. You agree that the reletting charge is a reasonable estimate of such damages and that the charge is due whether or not our reletting attempts succeed. The reletting charge does not release you from continued liability for future or past-due rent, charges, fees or other sums due under this lease.
31. ASSIGNMENT OR SUBLETTING. You may not assign the Lease Contract, change roommates or sublet the apartment or any portion thereof without our express written consent. If we consent to an assignment of the Lease Contract or a sublease of the apartment, all rent and other payments must be made by the assignee or sub-resident directly to us. All assignees and sub-residents approved by us agree to comply with all the terms of this Lease Contract as if they had originally executed this Lease Contract. You will remain liable to us for payment of the rent and other sums due under this Lease Contract and for performance of the obligations contained in this Lease Contract even after an assignment or sublease is approved by us. Our consent to one assignment or sublease will not be construed as consent to any further request for an assignment or sublease or a waiver of our right, in our discretion, to consent to future requests. WE ARE NOT RESPONSIBLE FOR FINDING YOU A SUBRESIDENT OR ASSIGNEE.
DEFAULT
32. DEFAULT BY RESIDENT. You are in violation of this Lease Agreement if: a. You fail to pay Rent or any other amount owed under this Lease Agreement as directed by this Lease Agreement; b. You or your guest violates this Lease Agreement or any addendum to it, the Community Policies, any unit rules, or fire, health or
criminal laws, regardless of whether arrest or conviction occurs; c. You fail to move into the Premises after completion of all required documentation, or, if you abandon the Premises (that is, you
appear to have moved out before the end of the Lease Agreement, clothes and personal belongings have been substantially moved out and you have not been in the bedroom for 5 consecutive days;
d. You or the Guarantor has made any false statement or misrepresentation on any information provided to us, which includes the application you submitted;
e. You or your guest is arrested for a felony offense involving actual or potential physical harm to a person, or a felony or misdemeanor offense involving possession, manufacture or delivery of a controlled substance, marijuana, or illegal drug paraphernalia as defined in applicable law;
f. Any illegal drugs or illegal drug paraphernalia are found in the Premises (whether or not we can establish possession); or g. You fail to pay any fine, charge, or penalty within ten (10) days after it is levied in accordance with this Lease Agreement or the
Community Policies. h. Any of the utilities which are payable by you or the other residents of the apartment are disconnected or shut off because of
nonpayment.
33. REMEDIES. If you are in violation of this Lease Agreement, we can, without demand or notice (other than as provided in this paragraph) in addition to other remedies as allowed by law: a. Collect any fine imposed by the Community Policies or Lease addendum;
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b. Sue to collect past due Rent and any other damages we have incurred because of your violating the Lease Agreement; c. Terminate your right to occupy the Premises, institute an action for eviction, but not terminate the Lease Agreement or end your
monetary obligation for the Premises by giving you written notice providing 24 hours for you to leave; d. Sue to collect all unpaid Rent and other sums which would become due until the Expiration Date of the Lease Agreement or until
another person takes occupancy (and then, we can still recover from you the difference between the Rent you were supposed to pay and the rent actually paid by the new resident together with the reletting charge of 85% of one month’s rent.
e. Terminate the Lease Agreement and your right to occupy the Premises and institute an action for eviction, by giving you written notice and providing 24 hours for you to leave;
f. Report all violations to credit reporting agencies; g. Do any combination of a, b, c, d, e, or f; however, if the default solely relates to your failure to move in, we will return prepaid
Rent and the Security Deposit if a replacement resident acceptable to us takes occupancy on the Lease Commencement; however, we will retain an amount of $200.00 as a lease cancellation fee (such amount not to exceed 85% of one month’s rent). All unpaid amounts will bear interest at 18% per year from the date originally due through the date of payment. In the event of a default by Resident, Landlord shall be entitled to all of its legal fees, court costs, deposition fees, and expert witness fees. Where permitted to by law, Resident expressly waives any right to recover legal fees against Landlord whether such fees may be awarded pursuant to contract or statute.
34. WAIVER OF A JURY TRIAL. AS A MATERIAL INDUCEMENT TO US TO ENTER INTO THIS LEASE, YOU AND WE HEREBY EACH WAIVE OUR RIGHT TO A TRIAL BY JURY ON ANY AND ALL ISSUES RELATING TO OR ARISING OUT OF OUR OBLIGATIONS UNDER THIS LEASE, THE RELATIONSHIP BETWEEN US, OR YOUR OCCUPANCY OF THE PREMISES (INCLUSIVE OF ANY CLAIM OF PERSONAL INJURY). YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOREGOING PROVISION AND THAT YOU ARE VOLUNTARILY, INTENTIONALLY, AND KNOWINGLY WAIVING ITS RIGHT TO A JURY TRIAL. LANDLORD AND RESIDENT STIPULATE THAT THIS WAIVEROF JURY TRIAL IS CONSPICUOUS.
GENERAL CLAUSES
35. ENTIRE AGREEMENT. This Agreement, along with any exhibits, appendices, addendums, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the par- ties, whether oral or written. The parties acknowledge and represent that, by signing and initialing this agreement, they have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance save and except those set out in this Agreement, regardless of whether made orally or in writing prior to or contemporaneous with this agreement. The parties further acknowledge that they have freely entered into this agreement after having had the opportunity to obtain independent legal counsel of their own choosing to review its provisions and to provide advice as meaning of its terms and the advisability of agreeing thereto.
Our representatives (including management personnel, employees and agents) have no authority to waive, amend, or terminate this Lease Contract or any part of it, unless in writing, and no authority to make promises, representations, or agreements that impose security duties or other obligations on us or our representatives unless in writing. No action or omission by us will be considered a waiver of our rights or of any subsequent violation, default, or time or place of performance. Our not enforcing or belatedly enforcing written-notice requirements, rental due dates, acceleration, liens or other rights, is not a waiver under any circumstance. Except when notice or demand is required by statute, you waive any notice and demand for performance from us if you default. Written notice to or from our managers constitutes notice to or from us. Any person giving a notice under this Lease Contract should retain a copy of the memo, letter or fax that was given as well as any fax transmittal verification. Fax signatures are binding. All notices must be signed. Notices may not be given by email.
Exercising one remedy will not constitute an election or waiver of other remedies. Insurance subrogation is waived by all parties. All remedies are cumulative. No employee, agent, or Management Company is personally liable for any of our contractual, statutory, or other obligations merely by virtue of acting on our behalf. This Lease Contract binds subsequent owners. Neither an invalid clause nor the omission of initials on any pages invalidates this Lease Contract. All notices and documents may be in English and, at our option, in any language that you read or speak. All provisions regarding our non-liability and non-duty apply to our employees, agents, and management companies. This Lease Contract is subordinate or superior to existing and future recorded mortgages, at lender’s option. All Lease Contract obligations must be performed in the county where the apartment is located.
MORTGAGEE’S RIGHTS. Resident’s rights under this Lease Contract shall at all times be automatically junior and subject to any
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mortgage, which is now or shall hereafter be placed on premises of which apartment is a part. If requested, Resident shall execute promptly any document that Landlord may request to specifically implement the subordination of this lease to such mortgage instrument.
PARENTAL OR SPONSOR’S GUARANTY. Parental or Sponsor Guaranty acts as additional security in the event there are damages exceeding normal wear and tear, or in the event Rent is not paid. Parental or Sponsor Guaranty will remain in effect for the duration of time Resident occupies any unit at View at Montgomery.
Resident understands that the Landlord is relying upon the Resident’s execution of this Lease in making lease space decisions and that it will remove the lease space from its inventory of available lease space upon signing. Resident further acknowledges, understands and agrees that he or she has been advised that the Landlord will, nonetheless, require that a binding Parental or Sponsor Guaranty be executed if the Resident cannot prove monthly income according to rental criteria. Resident also understands that a Parental or Sponsor Guaranty must be obtained directly from the parent and sponsor and that the Landlord reserves the right, both civil and criminal, for any falsification or forgery of such guaranty, the guaranty constituting an essential inducement for the grant of this Lease by Landlord. Notwithstanding, the Resident acknowledges, understands and agrees: ● This Lease Contract is fully binding regardless of failure to submit a Parental or Sponsor Guaranty; ● The Landlord reserves the right to exercise all available remedies for the Resident’s failure to provide and to maintain a Parental
or Sponsor Guaranty, including, but not limited to, the eviction (without waiver of all other rights, including collection of Rent due under this Lease for its full term).
36. PAYMENTS. Payment of all sums is an independent covenant. At our option and without notice, we may apply money received first to any of your unpaid obligations, then to current rent—regardless of notations on checks or MoneyGrams and regardless of when the obligations arose. All sums other than rent are due upon our demand. After the due date, we do not have to accept the rent or any other payments.
SECURITY GUIDELINES FOR RESIDENTS
37. SECURITY GUIDELINES. We care about your safety and that of other occupants and guests. No security system is failsafe. Even the best system cannot prevent crime. Always act as if security systems don’t exist since they are subject to malfunction, tampering, and human error. We disclaim any express or implied warranties of security. The best safety measures are the ones you perform as a matter of common sense and habit.
Inform all other occupants in your apartment, including any children you may have, about these guidelines. We recommend that all residents and occupants use common sense and follow crime prevention tips, such as those listed below: ● In case of emergency, call 911. Always report emergencies to authorities first and then contact the management. ● Report any suspicious activity to the police first, and then follow up with a written notice to us. Know your neighbors. Watching
out for each other is one of the best defenses against crime. Always be aware of your surroundings and avoid areas that are not well-traveled or well-lit. Keep your keys handy at all times when walking to your car or home.
● Do not go inside if you arrive home and find your door open. Call the police from another location and ask them to meet you before entering.
● Make sure door locks, window latches and sliding glass doors are property secured at all times. Use the keyless deadbolt in your unit when you are at home.
● Do not put your name or address on your key ring or hide extra keys in obvious places, like under a flower pot. If you lose a key or have concerns about key safety, we will rekey your locks at your expense, in accordance with paragraph 9 of the Lease Contract.
● Check the door viewer before answering the door. Don’t open the door if you don’t know the person or have any doubts. ● Children who are old enough to take care of themselves should never let anyone inside when home without an adult. ● Regularly check your security devices and smoke detector to make sure they are working property. Smoke detector batteries
should be tested monthly and replaced at least twice a year. ● Immediately report in writing (dated and signed) to us any needed repairs of security devices, doors, windows, smoke detectors,
as well as any other malfunctioning safety devices on the property, such as broken access gates, burned out exterior lights, etc. ● If your doors or windows are not secure due to a malfunction or break-in, stay with a friend or neighbor until the problem is fixed. ● When you leave home, make sure someone knows where you’re going and when you plan to be back. ● Lock your doors and leave a radio or TV playing softly while you’re gone. Close curtains, blinds and window shades at night. ● While gone for an extended period, secure your home and use lamp timers. Also stop all deliveries (such as newspaper and mail)
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or have these items picked up daily by a friend. ● Know at least two exit routes from your home, if possible. ● Don’t give entry keys, codes, or gate access cards to anyone. ● Always lock the doors on your car, even while driving. Take the keys and remove or hide any valuables. Park your vehicle in a
well-lit area. ● Check the backseat before getting into your car. Be careful stopping at gas stations or automatic-teller machines at night or
anytime when you suspect danger. There are many other crime prevention tips readily available from police departments and others.
WHEN MOVING OUT
38. MOVE‐OUT PROCEDURES. The move-out date cannot be changed unless we and you both agree in writing. You will not move- out before the Lease Contract term or renewal period ends unless all rent for the entire Lease Contract term or renewal period is paid in full. Early move-out may result in reletting charges and acceleration of future rent. You’re prohibited by law from applying any security deposit to rent. You will not stay beyond the date you are supposed to move out. All residents, guests, and occupants must surrender or abandon the apartment before the 30‐day period for deposit refund begins. You must give us and the U.S. Post- al Service, in writing, each resident’s forwarding address.
39. CLEANING. You must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move-out cleaning instructions if they have been provided. If you don’t clean adequately, you’ll be liable for reasonable cleaning charges, including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident or abuse.)
40. MOVE‐OUT INSPECTION. You should meet with our representative for a move-out inspection. Our representative has no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modification, or disapproval before final refunding or accounting.
41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES. You’ll be liable for the following charges, if applicable: unpaid rent; unpaid utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, including stickers, scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is missing; replacing dead or missing smoke detector batteries at any time; utilities for repairs or cleaning; trips to let in company representatives to remove your telephone or TV cable services or rental items (if you so request or have moved out); trips to open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned-out light bulbs; removing or rekeying unauthorized security devices or alarm systems; agreed reletting charges; packing, removing, or storing property removed or stored under paragraph 13; removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpster; false security alarm charges unless due to our negligence; animal-related charges; government fees or fines against us for violation (by you, your occupants, or guests) of local ordinances relating to smoke detectors, false alarms, recycling, or other matters; late-payment and returned check charges; a charge (not to exceed $100) for our time and inconvenience in our lawful removal of an animal or in any valid eviction proceeding against you, plus attorney’s fees, court costs, and filing fees actually paid; and other sums due under this Lease Contract. You’ll be liable to us for: (1) charges for replacing all keys and access devices referenced in paragraph 5 if you fail to return them on or before your actual move -out date; (2) accelerated rent if you have violated paragraph 33; and (3) a reletting fee if you have violated paragraph 11.
42. EMERGENCY ACCESS. If we believe an “Emergency Situation” exists such that you have died, are seriously ill, missing, or incarcerated (any one or all these events shall be referred to as “Emergency Situation”) we MAY, at our option, but are not required to do so, permit any or all of the following person(s) to enter your dwelling and remove all or some of your personal property, as well as your property in the mailbox, storerooms, common areas, and your vehicle(s):
Name: Chunyao Yu Phone Number: 138-066-4366 Address: Hu Shan Road , You acknowledge we may require certain documentation from the above individual(s), including but not limited to: affidavit(s), court order(s), proof of the Emergency Situation, and/or indemnification agreements as well as proof of identification of the above
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individual(s). In the event we erroneously permit access to the above individual(s) when there was no Emergency Situation, you agree to release us from any and all liability for permitting access by one of the above individuals, including for our own negligence. You agree to promptly reimburse us for our legal fees and court costs associated with handling any Emergency Situation.
43. ABANDONMENT. You have abandoned the apartment when all of the following have occurred: (1) everybody appears to have moved out in our reasonable judgment; (2) clothes, furniture, and personal belongings have been substantially removed in our reasonable judgment; (3) you’ve been in default for non-payment of rent for 5 consecutive days, or water, gas or electric service for the apartment not connected in our name has been terminated or transferred; and (4) you’ve not responded for 2 days to our notice left on the inside of the main entry door, stating that we consider, the apartment abandoned. An apartment is also “abandoned” 10 days after the death of a sole resident.
Surrender, abandonment, or judicial eviction ends your right of possession for all purposes and gives us the immediate right to: clean up, make repairs in, and relet the apartment; determine any security deposit deductions; and remove property left in the apartment. Surrender, abandonment, and judicial eviction affect your rights to property left in the apartment (paragraph 13), but do not affect our mitigation obligations (paragraph 35.)
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44. HOLDOVER. If you still occupy the Premises past the Expiration Date, the date contained in your move-out notice, or the date on which we notify you to leave the Premises, rent for the holdover period will be increased by 25% (payable daily in advance without notice or demand) plus, all of our damages and damages of the person who could not move in because of your holdover.
YOU ARE LEGALLY BOUND BY THIS DOCUMENT.
PLEASE READ CAREFULLY. DO NOT SIGN IF YOU ARE NOT IN AGREEMENT OR IF YOU HAVE A DIFFERENT UNDERSTANDING. WE SUGGEST THAT YOU TAKE A COPY OF THESE DOCUMENTS TO AN ATTORNEY FOR REVIEW PRIOR TO SUBMITTING THE RENTAL
APPLICATION OR SIGNING THE LEASE CONTRACT. AS STATED IN – ENTIRE AGREEMENT – THIS AGREEMENT, ALONG WITH ANY EXHIBITS, APPENDICES,
ADDENDUMS, SCHEDULES, AND AMENDMENTS, ENCOMPASSES THE ENTIRE AGREEMENT OF THE PARTIES AND SUPERSEDES ALL PREVIOUS UNDERSTANDINGS AND AGREEMENTS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN. THERE ARE NO PROMISES, WARRANTIES, UNDERSTANDINGS, OR REPRESENTATIONS OTHER THAN THOSE THAT ARE CONTAINED HEREIN OR IN THE EXHIBITS,
APPENDICES, ADDENDUMS, SCHEDULES, AND AMENDMENTS HERETO. ADDITIONAL PROVISIONS OR CHANGES MAY BE MADE IN THE LEASE CONTRACT IF AGREED TO IN WRITING BY ALL PARTIES. YOU
ARE ENTITLED TO RECEIVE AN ORIGINAL OF THIS LEASE CONTRACT AFTER IT IS FULLY SIGNED. KEEP IT IN A SAFE PLACE.
Resident Signature Date
Owner or Owner’s Representative Date
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View at Montgomery 1100 W MONTGOMERY AVE
PHILADELPHIA, PA 19122 215-423-1100 P 215-232-2796 F
ADDENDUM TO LEASE, COMMUNITY RULES AND REGULATIONS
The following Community Rules and Regulations (hereinafter referred to as “Rules”) are a binding part of your Lease Agreement with your community. We provide these Rules for your benefit and the benefit of the other Residents of your community. Please understand that any violation of any of these rules causes increased operating expenses, including, but not limited to, clean-up cost, increased management and labor cost, and increased utility cost. Please further understand that any violation of one of these Rules constitutes a default in the Lease Agreement and provided by law. In accordance with your Lease Agreement, and security deposit there under, you will be charged for violation of these Rules in order to offset those increased cost. Such charges are due and payable at the same time as the succeeding month’s rent.
CERTAIN AMENITIES MENTIONED MAY NOT BE AVAILABLE AT YOUR PROPERTY AND CORRESPONDING RULES MAY NOT APPLY.
1. PETS. Pets are not allowed on the premises without the prior written consent of Landlord. The following shall apply to a violation of this policy: First: A written warning will be issued to the Resident specifying the complaint along with a $100.00 fine and Landlord may, in its sole discretion, declare the Lease to be in default. The Resident will be given until 9:00 a.m. the following day to find a home for the pet. Second: A charge of $300.00 will be assessed against the Resident, and the Landlord will declare the Lease in default. The charges above DO NOT cover damages or destruction due to urine, carpet repair, etc. caused from a violation of this policy. $25.00 fine will be given to any resident or guest who does not adequately pick up after their pet on site. This includes, but is not limited to pet waste, destruction of property by pet, or any material associated with pet.
2. MOTOR VEHICLES AND PARKING. When entering or leaving a designated Parking area, any Vehicle shall be operated carefully and at a speed not in excess of ten (10) miles per hour. The usage of the designated parking area or any other space for storage of boats, trailers, trucks, large vans, buses, motor homes or any item other than vehicle is prohibited. BOATS, TRAILERS, & RECREATIONAL ALL TERRAIN A VEHICLES ARE NOT ALLOWED ON THE PREMISES. Resident agrees to abide by all normal parking and in particular not to double park, park in fire lanes, obstruct the flow of traffic, park in prohibited areas, park on landscaped areas, block trash receptacles or otherwise violate parking provisions in force from time to time. Resident shall not allow any Vehicle to be parked in the Community in an area other than in a designated parking area, or any non-operative Vehicle to be placed in the designated parking space or elsewhere in the Community. In the event of non-compliance, the Vehicle shall be towed by the Landlord at the expense of the Resident. All parking shall be entirely at Resident’s risk. Resident agrees to abide by the Parking Regulations established by Landlord. In the event parking decals shall be required, Resident agrees to display such decal as instructed. Resident agrees that for such violation of any reasonable parking regulations in force from time to time, including failure to display decal, Resident’s vehicle and the vehicles of Resident’s guests may be subject to being towed at Resident’s expense or to fines put in force by the Landlord from time to time. Performing mechanical work thereon is strictly prohibited unless special areas are designated in Landlord’s sole discretion. Due to the chemicals in the city water and the continued problem of Resident(s)/Guest(s) breaking sprinkler heads in landscaped areas, Landlord will not be held liable for streaking or sun spots caused by water hitting Resident(’s)/Guest(’s) vehicle.
3. DECORATING. Resident may hang pictures or mirrors on the walls of the Apartment utilizing bulldog picture hangers only. NO GLUE, TAPE, ADHESIVE PUTTY OR STICK-ON TYPE HANGERS, NAILS, SCREWS OR OTHER DEVICES SHALL BE USED WHATSOEVER. Excessive hanging of pictures, posters, mirrors or other items of similar nature will be treated as damage by Resident. DO NOT HANG ANYTHING ON THE DOORS. Waterbeds are not allowed in the Apartment without the express written consent of the Landlord and only on the ground level.
4. WINDOWS AND TREATMENTS. Landlord provides blinds on windows and such blinds will not be removed or taken down. If Resident installs any curtain rod brackets, curtains, drapes over the blinds, any damage will be repaired or removed by Resident or at Resident’s expense. Damage to property, including but not limited to paint, plaster, cabinets, carpets, floors or damage to any part of the premises caused by leaving windows and/or doors open during inclement weather will be the responsibility of the
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Resident. Use of foil and other similar unsightly materials, including but not limited to, neon or flashing signs, advertising, etc., over windows is strictly prohibited. No signs can be placed on the inside of the Apartment that are visible from the exterior of the Apartment. Windows and doors shall not be obstructed.
5. PATIOS AND DECKS. Patios and decks shall not have any clothes, rugs, towels, or other items hanging on or over balconies. Patios and decks will be kept neat and clean and will not be used for storage of automobile tires, unsightly or heavy items or garbage or refuse. Only outdoor furniture and related patio items may be placed outside. MAXIMUM CAPACITY IS LIMITED TO SIX (6) PEOPLE ON EXTERIOR DECKS. LANDLORD SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR DAMAGE OR INJURIES DUE TO OVERLOADING OF DECKS. Landlord reserves the right to impose reasonable fines for the violation of this provision. Grills are not allowed on the decks or patios. Charcoal grills are allowed to be used on site, but must remain 15 feet away from the building during use. Per City Ordinance, PROPANE TANKS are NOT allowed on site at any point in time. Management reserves the right to impose reasonable fines for the violation.
6. TRASH AND GARBAGE. All trash and garbage shall be placed into dumpsters in locations designated by Landlord. Resident shall not place any trash on top of or beside the dumpster. Landlord reserves the right to impose reasonable fines for the violation of this provision as well as for littering by Residents (including, not limited to, cigarette butts, beverage bottles/cans in Common Areas). No rubbish, garbage or debris or any kind shall be dumped, placed or permitted to accumulate upon any portion of the Apartment or Community so as to render any portion unsanitary, unsightly, offensive or detrimental to other residents. Should Resident fail to keep the yard of the Apartment free from trash and garbage, Resident will be fined a $25.00 fee per bag (daily). This fee will also be charged if Resident: a) leaves trash or garbage by any entrance, b) does not clean the Apartment (including the parking lot) by 9:00 a.m. the day after a party or (c) does not clean Resident’s
litter in and around the pool areas. *Management reserves the right to increase fines according to severity of violation.
7. CIGARETTE BUTTS. All cigarette butts should be placed in designated containers. A fine of $25.00 will be assessed for excess littering of cigarette butts outside of an Apartment. CIGARETTE BUTTS DISCARDED IN LANDSCAPED AREAS ARE A FIRE HAZARD.
8. KEYS. Landlord shall be entitled to retain a key to the Apartment and mailbox for emergency usage or as otherwise permitted by this Lease. Landlord shall not be responsible for replacing lost or misplaced door or mailbox keys. Resident(s) shall not re-key any locks or install or replace any locks on or in the Apartment or mailbox. Failure to return all keys will result in a $50.00 penalty. If the Resident becomes locked out of the Apartment, the Resident will be charged a minimum of $50.00 to gain re-entry during non-business hours.
9. DOORKNOBS/LOCKS. Resident may not replace or change any doorknob/lock. 10. GUESTS. Although Resident(s) may have visitors from time to time, it is understood that occupancy of the Apartment is expressly
reserved for Resident only, and any person(s) occupying the Apartment as a guest for more than three (3) days during the Term shall be treated as guests only if the Landlord is notified in writing by Resident and consents thereto. Otherwise, the occupancy of the Apartment by an unauthorized guest in excess of three (3) days shall be deemed a breach of this Lease, and Landlord shall be entitled to recover from the Resident and guest (whose liability shall be jointly and severally) an account of rent equal to that being paid by Resident, in addition to the right of Landlord to declare the Lease in default and pursue any of Landlord’s other remedies hereunder or by law. Resident shall be responsible for Resident’s guests to a reasonable number in light of the limited space available within the Apartment. Residents shall not utilize Common Area in such a way as to impose upon or diminish.
11. PLUMBING. Resident shall not place any paper towels, sanitary napkins, tampons or Q-tips in any toilet. Resident shall not use any toilets, drains or other plumbing apparatus for any purposes other than those for which same were designed, and Resident shall not permit any dirt, sweepings, rubbish, rags, ashes or other substance to be placed therein.
12. APPLIANCES AND FIXTURES. Resident shall keep appliance manuals together and refer to manuals if unsure how to use appliance. The cost of any repair or service to any appliance, plumbing or fixture due to improper use by Resident, shall be by Resident. ● Ovens: Ovens are self-cleaning. DO NOT USE OVEN CLEANER. ● Refrigerator: Please note that if the refrigerator is moved out too far or is not moved back carefully, the supply line to the
icemaker may become loose or crimped causing minor to severe leaks. Any and all damage will be charged to Resident(s). Please call the office to set up an appointment with maintenance if help is needed.
● Dishwasher: Overloading of dishwasher is prohibited. Only detergents made for automatic dishwashers shall be used. Please do not attempt to wash clothes in the dishwasher.
13. UTILITIES. During the months of cold weather, Resident will see that the heat is not cut off and the thermostat shall not be set lower than 50 degrees Fahrenheit and Resident shall take any other necessary steps to prevent bursting of water pipes serving
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Apartment. Resident shall be liable for any and all damages caused by failure to take such reasonable precautions, including damage to personal property of others. Resident must keep utilities (electricity, water, etc.) turned on throughout the term of the Lease to maintain appliances in operating order and provide heat in cold months. During vacations, DO NOT TURN OFF POWER, power affects refrigerator – food spoilage, heat-water pipes and security system. Any damages from utilities being turned off until Landlord gains possession shall be paid by Resident. If Resident chooses not to live in the Apartment at any time during the term of this Lease, Resident is still responsible for his/her portion of all utilities until end of Lease term.
14. POWER FAILURE. In the event of power failure, Resident(s) shall check the circuit breaker inside the Apartment before reporting such power failure to Landlord.
15. LIGHT BULBS. Resident, at Resident’s expense, shall be responsible for replacement of all interior/exterior light bulbs and tubes. All bulbs and tubes must be operational at the time the Resident vacates the Premises. Colored bulbs are not allowed in front door or back door exterior light fixtures. Residents may not remove front or back door exterior light bulbs or globes. Landlord reserves the right to impose a reasonable charge for replacement of front or back door exterior light bulbs or globe if removed. Resident needs to make an appointment with maintenance if help is needed replacing fluorescent or other bulbs.
16. CARPET. Use caution with the following substances as they will bleach/stain your carpet; fingernail polish remover, acne medicine, bleach, plant food, Kool-Aid and grape juice.
17. COUNTER TOPS. Residents shall not use the counter top as a cutting board. 18. AIR CONDITIONING FILTERS. Landlord shall have the return air filters changed in a manner deemed appropriate to Landlord to
insure proper maintenance of the heating and cooling units. Landlord shall be entitled to enter the apartment to perform such maintenance.
19. GENERAL MAINTENANCE. Resident shall keep and maintain the Apartment in a clean, safe, orderly, sightly and sanitary condition. Resident is responsible for promptly reporting any damage done or need for repair to Apartment to Landlord. Windows and doors shall not be obstructed. Nothing shall be thrown out of the windows or doors. Resident shall close windows and doors during the absence of Resident and during inclement weather to avoid damage or loss. Resident is liable for any damage to interior resulting from failure to exercise reasonable care.
20. SAFETY. Resident shall notify Landlord of any burned-out exterior lights, faulty locks (including windows) or lost keys. Resident shall immediately report to Landlord any suspicious persons, storage vehicles or unusual activities in or about the Community. Prior to allowing entry into the Apartment, Resident shall demand credentials from all maintenance personnel.
21. STORAGE. Storage of any flammable or explosive items is strictly prohibited in, on or about the Apartment and the Community. 22. SOUND AND COMMON AREAS. Resident shall respect the privacy of all other Residents in the Community, and no televisions,
stereos, radios, or noisy parties or other uses, which emit noise, which is audible outside the Apartment is permitted. No band instruments shall be played in the Apartment or in the Community. No music lessons, either vocal or instrumental shall be permitted on the Apartment or the Community. No CB base stations or radio or television or wires are permitted outside the Apartment. No wiring or cables whatsoever other than those furnished by Landlord with the Apartment is permitted. Accordingly, no obnoxious, boisterous or offensive activity shall be carried on, in or around any Apartment or upon the Community. Each Resident, his family and guests shall refrain from any act or use of the Apartment or Community which could reasonably cause embarrassment, discomfort, annoyance or nuisance to any other resident of the Community. The Landlord acknowledges the right of Resident to entertain friends and to have parties (inside only), but requires that order and tranquility prevail. No obscene, indecent or lascivious conduct shall be permitted whatsoever within the Community or with the Apartment when such conduct can be seen or overheard by persons adjacent to or in the Community outside the Apartment. BLOCK PARTIES ARE STRICTLY PROHIBITED. No reckless or dangerous conduct shall be permitted within the Community, in the parking lots, or at the entrances to the Community. No motor vehicle of any type or description and no bicycle shall be permitted upon the Community except upon impervious surfaces such as concrete or asphalt, which were intended for such purposes. No motorcycles shall be permitted within the parking lots except in the areas designated for it. Unless specifically provided elsewhere, the following shall apply to complaints concerning Resident’s violation of the Community Rules and Regulation of this Exhibit “A”: First: A written warning will be issued to the Resident, specifying the complaint that was filed. Second: Upon a second complaint, which is not disproved by Resident, a $50.00 fine will be assessed against Resident. Third: Upon a third complaint, which is not disproved by Resident, a $100.00 fine will be assessed and the parent or sponsor signing the Guaranty will be notified. Fourth: A fine shall be imposed in the amount of $200.00 and Landlord may, in its discretion, declare the Lease to be in default. In order for a Resident to disprove a complaint, it is understood that the burden of proof is upon the Resident who must refute such charge with clean, convincing and indisputable evidence. Landlord expressly retains the right to increase the fines set forth herein
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if the initial fines do not prove to be significant enough disincentive. Such fines are expressly included as an item guaranteed in the Parental or Sponsor Guaranty form.
23. SOLICITATION. Solicitation shall not be permitted anywhere in the Community or on the sidewalks adjacent to the Community, either by Residents or outside solicitors for business purposes, political purposes or for religious purposes. Please report all violators to the office immediately.
24. AMENITIES. Use of the pools shall be governed by the Rules and Regulations posted in the pool areas and shall be at the risk of Resident and Resident’s family and guests. No guest shall be permitted at the pool, clubhouse or recreation facilities except in the accompaniment of a Resident. Resident does hereby indemnify Landlord and agent, and hold Landlord and Agent harmless against all claims for personal injury sustained by Resident and Resident’s family and guest in their use and enjoyment of the pool or other provided facilities within the Community. This section does not exculpate or limit the liability or costs of the Landlord or Agent arising as a result of the Landlord or Agent’s willful misconduct.
25. HOT TUB. ● Hot tub hours are from 10:00 am to 10:00 pm Sunday through Thursday, and 10:00 am to 12:00 am on Friday and Saturday. ● Do not exceed the maximum number of users. ● Persons under the age of 14 must have adult supervision. ● Anyone with a communicable disease capable of infecting others is prohibited from using the hot tub. ● No glass containers. Keep all breakable objects out of the hot tub area. ● No food. ● Proper swimwear must be worn at all times. Loose articles dropped into hot tub will burn out the motor. ● For your convenience, a timer has been installed on the hot tub. ● No more than 2 guests per Resident at any given time. Guests must be accompanied by Resident. ● If you are pregnant, do not use the hot tub without medical consultation. Do not allow small children to use the hot tub. Hot
water exposure limitations vary from person to person. ● If you suffer from heart disease, diabetes, high or low blood pressure or other health problems. Do not enter the hot tub
without prior medical consultation with your doctor. Overexposure to hot water may cause nausea, dizziness and fainting. ● Do not use the hot tub while under the influence of alcohol, narcotics or other drugs that cause sleepiness, drowsiness or
raise/lower blood pressure. ● Do not use the hot tub if the temperature is above 104 degrees Fahrenheit (40 degrees Centigrade). Lower water
temperatures are recommended for extended use (exceeding 10 – 15 minutes) and for young children. ● Enter and exit slowly. ● Do not place electrical appliances (telephone, radio, TV, etc.) within five feet of the hot tub. ● Do not operate the hot tub during severe weather conditions, e.g. electrical storms or tornadoes. ● Do not use or operate the hot tub if the suction outlet cover is missing, broken or loose.
26. GLASS CONTAINERS ARE NOT ALLOWED AT OR AROUND THE POOL AREAS. THERE WILL BE A FINE FOR THOSE RESIDENTS FOUND TO HAVE GLASS AROUND THE POOL.
27. TRANSFERS. Transfers from one Apartment to another Apartment in the Community must be approved by Landlord in advance in writing, and in such event, new deposits must be made and new leases must be signed prior to any such transfer. If transfer is at end of lease term, the transfer must further move out on last day of lease and will not be allowed to move in to another Apartment until the beginning of the new lease date. Landlord reserves the right to transfer Resident at Landlords discretion. Resident will receive reasonable notice prior to transfer. Mid-year transfers will be charged a $200 transfer fee, if transfer is not mandated by management.
28. NUMBER OF RESIDENTS PER APARTMENT. The number of Residents per Apartment cannot exceed the number of bedrooms in the Apartment, unless stated otherwise per your lease agreement.
29. NUISANCE. Resident shall not suffer, allow or permit any vibration, noise, light, odor or other effect to emanate from the Apartment, or from any machine or other installation therein, or otherwise suffer, allow or permit the same to constitute a nuisance or otherwise interfere with the safety, comfort and convenience of Landlord or any of the other occupants of the Community or the guests and invitees or any others lawfully in or around the Community. Upon notice by Landlord or other owners or occupants to Resident that any of the aforesaid is occurring, Resident agrees to forthwith remove or control the same. Landlord does allow parties, but expects Resident to be responsible. Resident or Resident’s Guest(s) shall not damage the Apartment or surrounding Community including landscaping. Any garbage or trash is to be picked up the following day by 12:00 noon (this includes the parking lot). Keep noise level down.
30. VACANT BEDROOMS. Use of vacant bedrooms within the apartment unit is strictly prohibited. All residents within the unit will be equally billed monthly rent and charged for cleaning and repair of any vacant bedrooms used in violation of this provision. It is
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understood that Resident will be occupying the apartment unit jointly with other Residents, and Resident shall also be held liable for a pro rata share of any damages to the common areas of the Leased Premises including, but not limited to, its furnishings, fixtures, walls, ceiling, floor, windows, screens and doors unless the party solely responsible for such damages can be reasonable ascertained.
31. SPRINKLER SYSTEM. Tampering or interfering with any alarm equipment and/or safety installations is strictly prohibited. Residents must be careful not to trigger the overhead sprinkler system in units. A simple depression of the sprinkler head will result in a total draining of water from the system. Owner will not be responsible for any damages incurred from such situations. Resident will be responsible for the payment of all damages from activating the system, which could also include an entire building.
32. CARPET AND/OR VINYL REPLACEMENT. Resident(s) agrees to be responsible for the full cost to replace the carpet and/or vinyl in the unit and bedroom designated above. If Unit Common area carpet and/or vinyl should need replacing, the replacement will be of similar and like material and the Resident will share the cost of replacement in equal amounts with other residing Resident’s sharing the Common Area. The cost of carpet and/or vinyl replacement for this floor plan will be determined at move out and subject to current market rates by vendor. At move-out, if the carpet and/or vinyl must be replaced due to pet damage, the assessed cost to Resident(s) will be actual cost to replace the carpet and/or vinyl charged by the contractor to the Apartment(s) and any other charges that may result from a pet. In the event that Resident does not pay such sum within ten (10) days of being notified that such sum is due, either through a security deposit disposition notice or otherwise, Owner shall be entitled to pursue any and all rights and remedies provided for in the Lease to collect such sum from Resident including, but not limited to, filing suit to recover such sum or reporting such sum as being due to the appropriate credit reporting agencies.
33. PACKAGE RELEASE. I hereby give permission to the Owner, Owner’s representatives, managing agents, and employees to accept packages on my behalf. I also hold harmless and understand that the Owners, Owner’s representatives, managing agents, employees and all other subsidiaries are not liable or responsible for the acceptance of such packages that are delivered to Resident(s) by the United States Postal Service, UPS®, FedEx®, FedEx Express®, or any other mail delivery service. This shall include packages that are delivered to the leasing office or that are left outside the Resident’s apartment by the deliverer. Resident(s) shall be responsible for notifying senders of the proper address (including apartment number) and delivery methods to ensure the package is received. In addition, I fully understand that the owner, owner’s representatives, managing agents, and employees have the right to refuse acceptance of any package(s) and have at any time returned so called packages if not removed from the Management office within 3 business days.
34. PHOTOGRAPH AND VIDEO RELEASE. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. I will be consulted about the use of the photographs or video recording for any purpose other than those listed above. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document only. I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational, training, and marketing purposes. In addition, I fully understand that the owner, owner’s representatives, managing agents, and employees have the right to refuse acceptance of any package(s) and have at any time returned so called packages if not removed from the Management office within 3 business days.
35. RESIDENT COMMUNICATION. You consent to our use of your cell number for texting and your email addresses to communicate with you regarding the lease, the community, the premises and your residency. Except for notices to vacate and any other legal notices which specify a particular method of delivery, we may send you any notices or information via text or email. You may send us information via text or email except for your intent to move out and notice of our default.
36. PRIVACY POLICY. The purpose of this policy is to outline some of our procedures relating to the confidentiality and security of sensitive personal information, including social security numbers, disclosed to us by prospective and existing residents. For the purposes of this policy, the term “sensitive personal information” shall mean an individual’s first name or first initial and last
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name in combination with any one or more of the following items, if the name and the items are not encrypted: (i) social security number; (ii) driver’s license number or government-issued identification number; or (iii) account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account. This term does not include publicly available information that is lawfully made available to the general public from the federal government or a state or local government. ● Collection and use of sensitive personal information. When you apply to rent a bed/bedroom in our community, we will ask
you to disclose certain sensitive personal information on your rental application and possibly other lease documentation. This sensitive personal information will be used by us for business purposes including confirmation of your identity, determination of your eligibility for rental and collection of amounts you owe.
● Protection and access to sensitive personal information. We will keep the sensitive personal information you provide to us in our files. If you become a resident in our community, we will keep the sensitive personal information in a resident file. If you do not become a resident, we will keep your sensitive personal information in a general file. Personnel with the owner and management company, if applicable, will have access to our files. We also reserve the right to disclose sensitive personal information for business related reasons to others such as independent contractors, credit reporting agencies, collection agencies or prospective purchasers or their agents in a manner allowed by law.
● Disposal of records containing sensitive personal information. It is our policy to dispose of records that contain sensitive personal information by shredding, erasing, or by other means making the sensitive personal information unreadable or undecipherable.
● Taking corrective action. In the event that you experience identity theft or we discover that there has been unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information, as defined above, we will comply with all applicable law with respect to taking appropriate corrective action.
This policy has been designed to meet the requirements of applicable law with respect to the adoption of a privacy policy. Nothing contained in this policy shall constitute a representation or warranty of any type whatsoever that sensitive personal information will not be misplaced, duplicated, or stolen. No liability is assumed with respect to any such occurrences.
37. FITNESS CENTER AND RECREATION ROOM. The fitness center and recreation room are for the use of Residents and their guests or invitees. Guests and invitees must be accompanied by Resident. Persons under 14 must have adult supervision. ● Residents are reminded to keep body clear of weights and other moving parts when using fitness equipment. ● Do not use equipment if you are taking any medication that causes drowsiness. ● Residents are not to make repairs on fitness equipment. Report any problem to Owner. ● Use the equipment only in the manner intended by the manufacturer. Improper use of equipment may cause serious injury
or death. ● Residents are requested not to use, adjust or operate fitness equipment beyond their physical limitations. ● Residents are requested to report vandalism and unauthorized users. Vandals will be prosecuted. ● Drinks are not permitted. No glass containers are permitted. Food is not allowed in the fitness center or near equipment in
the recreation room. No alcoholic drinks are allowed in the fitness center or recreation room at any time. ● Residents are responsible for cleaning up any area where they have left a mess, and cleaning of machine after use. ● Smoking is not permitted. ● Residents are not authorized to remove equipment or furniture from the fitness room, recreation rooms, or other common
areas. ● Resident’s failure to comply with these instructions may result in loss of privilege in using fitness equipment. ● Owner will not be held responsible for any personal injury and or punitive damages as a result of fitness equipment use,
application or negligence. ● Landlord reserves the right to change hours of operation when it solely deems appropriate as the result of abuse or
vandalism of the equipment or fitness room. FITNESS CENTER RELEASE. For and in consideration of Owner allowing the undersigned to use the exercise and weight room (the “Fitness Center”), I agree to the following: ● Neither the Owner nor its agent is responsible or liable for any loss, damage or injury that I might sustain as a result of my
use of the Fitness Center. I agree that my use of the Fitness Center is at my own risk and I assume responsibility for any personal injuries, which may result, from my use of the Fitness Center.
● I agree to indemnify and hold harmless the Owner and its agent from and against any and all claims or demands, cost or expenses arising out of or in any way related to my use of the Fitness Center, including, but not necessarily limited to, any of my use of the Fitness Center.
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● I agree to follow all rules and regulations established by the Owner and its agent with respect to the use of the Fitness Center. I understand that any instructors in the Fitness Center are independent contractors and neither they nor the Owner and its agent are not to be relied upon for my health or safety. I hereby represent to the Owner and its agent that (1) I will only use the equipment in the Fitness Center which I am capable of using and understand how to use safely, (2) I do not have any health problems which would restrict my ability to use the Fitness Center; and (3) whether or not any health problems exists, I am using the Fitness Center at my own risk and discretion.
38. CONTROLLED ACCESS GATE NOTIFICATION. For and in consideration of the Lease of which this Addendum is a part, the undersigned Resident certifies that he or she has read and understands and agrees to the following: Resident acknowledges that Owner has furnished a controlled access gate (“Gate”) on the Property for the sole purpose of protecting the Property and not for Resident’s security; any benefit Resident may receive is only incidental to the purpose of protecting the property. The installation or use of the Gate shall not in any way prevent Owner, at any time, from permanently removing the Gate. Owner has absolutely no obligation to continue to maintain the Gate and should Owner elect at any time to remove the Gate, Owner shall be under no obligation to notify Resident of the removal and the removal shall not be a breach of any express or implied warranty, covenant or obligation. Resident represents and warrants that Resident understands how to use the Gate and how the Gate functions. Resident further represents and warrants that Resident shall not act in any way to impair the use or function of the Gate. Resident will notify Owner should Resident discover that the function of the Gate is impaired. Resident acknowledges that Resident’s security is the Resident’s responsibility and the responsibility of the local law enforcement agency. In the event that Resident is in need of police protection of any kind, Resident will contact the local law enforcement agency. Resident should not contact the answering service or management office for Resident’s security needs for this will only delay the response time. Owner’s installation or use of the Gate does not constitute a voluntary undertaking, representation or agreement by Owner to provide security for Resident and his or her guests and/or invitees. There is absolutely no guaranty that the presence of the Gate will in any way increase Resident’s personal security or the safety of his or her guests and/or invitees or their respective belongings. The Gate is a mechanical device and can be rendered inoperative at any time.
39. TANNING CENTER POLICIES. ● Tanning facilities are for residents only. ● Tanning hours are available in the office and are subject to change at sole discretion of management. ● Resident must arrange for a time to use the tanning center with Owner and sign a release in the form required by the Owner
to use the tanning center. ● Resident cannot use the tanning center more than once per 24-hour period. ● Avoid too frequent or lengthy exposure. As with natural sunlight, exposure to a sunlamp may cause eye and skin injury,
sunburn and allergic reactions. ● Anyone with a communicable disease capable of infecting others is prohibited from using the tanning center. ● No glass containers. Keep all breakable objects out of the tanning area. ● No food. Consult a physician or pharmacist before using a sunlamp if you are using prescription or non-prescription medications, have a history of skin problems, or believe yourself especially sensitive to sunlight. Pregnant women and women on birth control pills who us a tanning device may develop discolored skin. Skin sensitivity varies from person to person. Ultraviolet radiation from sunlamps enhances the effects of the sun. Do not sunbathe before or after exposure to ultraviolet radiation. You are expected to provide your own eye wear. Failure to use protective eyewear may result in severe burns or long-term injury to the eyes. TANNING DEVICE WARNING AND RELEASE. Prior to use of the tanning facility, please be advised of the following: ● Tanning devices are for residents only. ● You are responsible for providing you own eye protection. Your failure to wear eye protection may result in permanent
damage to your eyes. ● Overexposure to ultraviolet light (whether from natural or artificial sources) causes burns. ● Exposure to ultraviolet light (whether from natural or artificial sources) may result in skin damage, including premature aging
of the skin.
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● Abnormal skin sensitivity or burning may result from reactions between ultraviolet light and certain: (a) foods; (b) cosmetics; or (c) medications, including but not limited to: tranquilizers, diuretics, antibiotics, high blood pressure medicines; or birth control pills.
● If you are taking a prescription or over-the-counter drug, you should consult a physician before using a tanning device. ● If you are pregnant, you should consult your physician before using a tanning device. ● If you have abnormal skin sensitivity or a history of skin problems or are prone to easy burning when in the sun or a tanning
device you should consult a physician before using a tanning device. I ACKNOWLEDGE THAT I HAVE READ AND THAT I UNDERSTAND THE FOREGOING WARNINGS AND I AGREE TO USE PROTECTIVE EYEWEAR AND FOLLOW THE OTHER PRECAUTIONS WHEN USING THE TANNING DEVICE. ON BEHALF OF MYSELF, MY FAMILY, HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS I ASSUME THE RISK FOR ANY INJURY, DAMAGE (INCLUDING DEATH) OR ACCIDENT, WHICH RELATES TO THE USE OR MISUSE OF THE TANNING DEVICE. I AGREE TO INDEMNIFY AND HOLD HARMLESS THE OWNER AND ITS AGENT FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, COST OR EXPENSES ARISING OUT OF OR IN ANY WAY RELATED TO MY USE OF THE TANNING CENTER, INCLUDING, BUT NOT NECESSARILY LIMITED TO, ANY OF MY USE OF THE TANNING CENTER. THIS IS A CONTINUING AGREEMENT AND IS EFFECTIVE FOR ALL SUCH MATTERS THROUGH THE DATE OF ITS TERMINATION (IN WRITING AND DELIVERED TO MANAGER).
40. COMPUTER CENTER. The computer center is for the use of Residents and their accompanied guests only. ● Residents are not permitted to remove any items from the computer center such as equipment, software, accessories,
furniture, etc. ● No food or drinks allowed. Smoking is not permitted. Residents are not to place drinks or food close to equipment. No glass
containers are permitted. ● Residents are responsible for cleaning up any area where they have left a mess. ● Residents are responsible for supplying their own paper. ● Residents are not authorized to adjust or alter any of the software or programs set up in the computer systems. ● Residents are not authorized to make any repairs on computers, printers, copiers or fax equipment. Problems must be
reported to Owner. ● Landlord reserves the right to change hours of operation when it solely deems appropriate.
41. BASKETBALL AND/OR VOLLEYBALL COURT POLICIES. ● The basketball and volleyball court hours are available in the office and are subject to change at sole discretion of
management. ● Rubber soled shoes are required on the basketball court. ● No food or beverages are allowed on the courts. ● No bikes, rollerblades, or skates are allowed on the courts. ● Do not hang or climb on rims, nets and posts.
42. MOLD INFORMATION & PREVENTION. What are molds? Molds are simple, microscopic organisms, present virtually everywhere, indoors and outdoors. Molds, along with mushrooms and yeasts, are fungi and are needed to break down dead material and recycle nutrients in the environment. For molds to grow and reproduce, they need only a food source - any organic material, such as leaves, wood, paper, or dirt and moisture. Because molds grow by digesting the organic material, they gradually destroy whatever they grow on. Sometimes, new molds grow on old mold colonies. Mold growth on surfaces can often be seen in the form of discoloration, frequently green, gray, brown, or black but also white and other colors. Molds release countless tiny, lightweight spores, which travel through the air. Can mold become a problem in my home? Molds will grow and multiply whenever conditions are right (sufficient moisture is available and organic material is present). The presence of organic material cannot be prevented, because such materials are the materials with which your home is made. However, the moisture that mold needs to grow, and the accumulation of that moisture can be controlled. Be on the lookout in your home for common sources of indoor moisture that may lead to mold problems (see the following sections for prevention and tips). Should I be concerned about mold in my home? Yes. If indoor mold contamination is extensive, it can release chemicals and cause very high persistent airborne spore exposures. Persons exposed to high levels of chemicals or spore leaves can become sensitized and develop allergies to the mold or other health problems. Mold growth can damage your furnishings, such as carpets, sofas, and cabinets. Clothes and shoes in damp closets can become soiled. In time, unchecked mold growth can cause serious damage to the structural elements in your home.
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Mold can also produce health effects through inflammation, allergy, and infection. Allergic reactions are common following mold exposure. Typical symptoms that mold-exposed persons report (alone or in combination) include: ● Respiratory problems, such as wheezing, difficulty breathing, and shortness of breath ● Nasal and sinus congestion ● Eye irritation (burning, watery, or reddened eyes) ● Dry, hacking cough ● Nose or throat irritation ● Skin rashes or irritation ● Headaches, memory problems, mood swings, nosebleeds, body aches and pains, and fevers are occasionally reported in mold
cases, but their causes are not understood. Tips for Residents. It is our goal to maintain the highest quality living environment for our residents. To help achieve this goal, it is important to work together to minimize the potential for conditions that could lead to the growth of naturally occurring mold. Residents can help minimize mold growth in their apartment homes by taking the following actions: Ventilation. Adequate ventilation is essential. ● Open windows during dry weather. If it is not possible to open windows, run the fan on the apartment air handling unit to
circulate fresh air throughout your apartment. In damp or rainy conditions, keep windows and doors closed. If possible, maintain a temperature of between 50 degrees and 80 degrees Fahrenheit within your apartment at all times and a comfortably low humidity (less than 60% relative humidity).
● Use the pre-installed bathroom fan or alternative ventilation when bathing or showering and allow the fan to run until all excess moisture has vented from the bathroom.
● Use the exhaust fans in your kitchen when cooking or while the dishwasher is running and allows the fan to run until all excess moisture has vented from the kitchen. Ensure that your clothes dryer vent is operating properly, and clean the lint screen after every use.
● When washing clothes in warm or hot water, watch to make sure condensation does not build up within the washer and dryer closet; if condensation does accumulate, dry with a fan or towel.
● Cleaning and Maintenance - ● Clean and dust your apartment on a regular basis as required by your lease. Regular vacuuming, mopping, and use of
environmentally safe household cleaners is important to remove household dirt and debris that contribute to mold growth. ● Periodically clean and dry the walls and floors around the sink, bathtub, shower, toilets, windows and patio doors using a
common household disinfecting cleaner. ● On a regular basis, wipe down and dry areas where moisture sometimes accumulates, like countertops, windows, and
windowsills. ● Use care when watering houseplants. If spills occur, be sure to dry excess water immediately. Thoroughly dry any spills or pet
urine on carpeting. ● Do not overfill closets or storage areas. Ventilation is important in these spaces. Do not allow damp or moist stacks of clothes
or other cloth materials to lie in piles for an extended period of time. Reporting Problems. ● Immediately report to the management office any evidence of a water leak or excessive moisture in your apartment, storage
room, garage, or any common area. ● Immediately report to the management office any failure or malfunction with your heating, ventilation, air conditioning
system, or laundry system. ● As your lease provides, do not block or cover any of the heating, ventilation or air conditioning ducts in your apartment. ● Immediately report to the management office any inoperable windows or doors. ● Immediately report to the management office any musty odors that you notice in your apartment.
Extended Physical Absence. If you are absent from the apartment for an extended period of time at any point during the lease term, you agree to periodic ally check-in on your individual bedroom, bathroom and the common areas. You understand that you are fully responsible for the unit and a pro rata share of the common area if preventable property damage (including, but not limited to, water leaks, equipment malfunction, fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, crime in -progress, etc.) occurs during your extended absence. You are fully liable for mold growth that occurs during an extended absence by you.
43. BED BUG INFORMATION & PREVENTION.
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This outlines your responsibility and potential liability regarding bed bugs. In our efforts to maintain a quality living environment, we must have your cooperation to minimize the risk of bed bugs in your apartment and throughout this community. If you fail to notify us of the presence or infestation of bed bugs, fail to comply with the agreements set forth in this Addendum or fail to pay us for any associated costs due to the presence or infestation of bed bugs, you will be in default, and we will have the right to terminate your right of occupancy and exercise all rights and remedies under this Lease Contract. However, the presence or infestation of bed bugs does not release you from this Lease Contract. Facts about Bed Bugs ● Bed bugs are wingless, flat, reddish-brown, oval insects about 3/16-inch long or the size of an apple seed. As they feed on
blood and during digestion, they become swollen and reddish. ● Detecting bed bugs can be difficult, as they are mostly nocturnal. However, evidence of an infestation can often be found in,
around and between cracks and crevices including mattress seams, sheets and other bedding, carpeting, furniture, under cushions, behind baseboards, curtains, electrical outlet plates, picture frames and along window and door frames. Blood spotting on mattresses and nearby furnishings are also signs of a bedbug infestation.
● Bed bugs tend to stay close together and have a distinctively sweet, yet unpleasant smell. ● Bed bugs are found worldwide due to human travelers who transport luggage, clothing, bedding and furniture. Because bed
bugs can easily travel from one room to another, it is recommended that travelers thoroughly inspect their luggage and belongings for bed bugs before returning home.
● Bed bugs do not discriminate and can be found anywhere. ● Claims that associate bed bugs with poor hygiene and uncleanliness are false. Apartment residents who avoid notifying
property managers out of shame only facilitate the spread of bed bugs. ● Although their bites can cause irritation and even infection, bed bugs do not carry or transmit diseases. Bed bug bites can
become itchy and may leave red bumps and marks. Bed bug bites may appear similar to a number of other insect bites. However, unlike those of other insects, bedbug bites appear in tight lines of multiple, small, red marks. However, many bed bug bites leave no mark and go completely unnoticed.
Tips for Residents ● DO NOT bring used furniture or belongings from unknown sources into your apartment. ● DO NOT try to treat the problem yourself! Improper treatment can not only be ineffective but also harmful to your health
and the health of other residents. ● DO inform the property managers about bed bug sightings immediately! ● DO inspect your belongings after travel and prior to returning to your apartment. ● DO follow the property’s outlined procedures for treatment and elimination. Resident Agreement You agree that you have read this addendum in its entirety and will inspect the apartment within 48 hours after move-in and immediately report any evidence of bed bugs or bed bug infestation. If we do not receive notification within the required 48 hours, your community and you agree that no presence or infestation of bed bugs exists. You are not aware of any infestation or presence of bed bugs in your previous or current place of residence, your furniture, clothing or personal property and that you have not been subjected to conditions in which there was any bed bug infestation or presence.
If you previously lived anywhere that had a bed bug infestation, you agree that all of your personal belongings (including furniture, clothing and bedding) have been treated by a licensed pest control professional and are free of further infestation. If you disclose a previous experience with bed bugs, we can request documentation of the treatment and inspect your belongings to confirm the absence of bed bugs. Any previous bed bug infestation must be disclosed here (if left blank, you confirm that you have had no previous experience with bed bugs).
You agree that you will not attempt to resolve bed bug infestations yourself. You (and your family members, occupants and guests) must allow us and licensed pest control agents to enter the apartment at reasonable times to inspect for and treat bed bugs. We will select the treatment method, as well as the pest control agent. We can also inspect and treat adjacent or neighboring apartments to the infestation.
You must fully cooperate with us and follow all of our directions to treat and eliminate bed bugs. You agree that you are responsible for and must, at your own expense, have your personal property (including furniture, clothing and bedding) treated according to approved treatment methods as close as possible to the time we treat the apartment. You must remove or destroy any personal belongings that cannot be treated or cleaned as close as possible to the time we treat the apartment. Any removed
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items must be disposed of off-site. If we confirm the presence or infestation of bed bugs in your apartment, we have the right to require you to temporarily vacate the apartment and remove all belongings in order for us to perform pest control services.
YOU AGREE THAT YOU MAY BE REQUIRED TO PAY ALL REASONABLE CLEANING AND PEST CONTROL COSTS INCURRED BY US TO TREAT YOUR UNIT FOR BED BUGS. IF WE CONFIRM THE PRESENCE OF BED BUGS AFTER YOU VACATE THE UNIT, YOU MAY BE REQUIRED TO PAY ALL REASONABLE CLEANING AND PEST CONTROL COSTS. IF WE MUST MOVE OTHER RESIDENTS IN ORDER TO TREAT ADJACENT OR NEIGHBORING APARTMENTS, YOU MAY BE LIABLE FOR ANY LOST RENTAL INCOME AND OTHER EXPENSES INCURRED BY US TO RELOCATE NEIGHBORING RESIDENTS AND TO CLEAN AND TREAT OTHER APARTMENTS.
44. CABLE AND INTERNET AGREEMENT. In general, the Policy prohibits uses and activities involving services that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or your community’s Equipment, either individually or in combination with one another, to:
● undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
● post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
● upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
● transmit unsolicited bulk or commercial messages commonly known as "spam"; ● send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which
contain no substantive content, or send very large messages or files that disrupts a server, account, newsgroup, or chat service;
● initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme; participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
● collect responses from unsolicited bulk messages; ● falsify, alter, or remove message headers; ● falsify references to your community or its network, by name or other identifier, in messages; impersonate any person or
entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing");
● violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access; Technical Restrictions
● access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
● use and installation of any unauthorized wireless access device or router is prohibited unless authorized by management. If any device is found it must be removed and failure to do so within 48 hours could result in a $100 fine. Management also reserves the right to remove any such devices if the resident does not do so within the time period prescribed.
● use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
● distribute programs that make unauthorized changes to software (cracks); ● use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other
services to anyone outside of your Premises local area network ("Premises LAN"), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
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● use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
● service, alter, modify, or tamper with the your communitys Equipment or Service or permit any other person to do the same who is not authorized by your community;
● Network and usage restrictions ● restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use
or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
● restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any property (or property supplier) host, server, backbone network, node
● or service, or otherwise cause a performance degradation to any property (or property supplier) facilities used to deliver the Service;
● resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal and noncommercial residential use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit); connect the property equipment to any computer outside of your Premises;
● interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host; and
● accessing and using the Service with anything other than a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not configure the Service or any related equipment to access or use a static IP
● address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so. PLEASE NOTE: By signing this agreement Resident agrees that Resident shall not engage in a course of conduct that materially interferes with our right under the Lease to provide cable and internet to Community and/or inhibit bandwidth or otherwise provided to the Community. Resident agrees to abide by all terms listed in the Cable and Internet Agreement and agrees not to violate any usage restrictions or other unacceptable activities acknowledged by Landlord. Resident will be liable for all actions and/or inactions, as well as those of invitees and guests, which hinder Landlords right to provide cable and internet to Community and/or inhibit bandwidth or otherwise provided to the Community. Landlord reserves the right to charge back reasonable costs associated with vendors and/or actions required to trace violations of cable and internet agreement back to Resident and/or invitees and guests of Resident.
LANDLORD RESERVES THE RIGHT AT ANY TIME TO MAKE CHANGES TO THESE RULES AS LANDLORD SHALL IN ITS JUDGMENT DETERMINE TO BE NECESSARY FOR THE SAFETY, CARE AND CLEANLINESS OF THE APARTMENT AND FOR THE PRESERVATION OF GOOD ORDER, COMFORT AND BENEFIT OF RESIDENTS IN GENERAL AND FOR THE EFFICIENT OPERATION OF THE COMMUNITY.
Resident Signature Date
Owner’s Representative Date
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View at Montgomery 1100 W MONTGOMERY AVE
PHILADELPHIA, PA 19122 215-423-1100 P 215-232-2796 F
MOVE OUT CLEANING REQUIREMENTS AND ESTIMATED MOVE OUT CHARGES
After Resident has removed all of their personal property, Resident is to thoroughly clean each room, hall, closet, stairwell, etc. from top to bottom using appropriate cleaning products to remove any dirt, dust, grime, grease, bugs, spider webs, fingerprints, spilled or splattered products; including:
● Removal of all personal possessions (including coat hangers) as well as garbage/trash ● Trim (baseboards, window sill and molding, door molding, door/both sides, outlet covers) ● Ceiling fans ● Light fixtures (replace any light bulbs not working with the exception of kitchen fluorescent lights) ● Mini-blinds ● Ceiling and corners free of spider webs and dirt ● Vents including return air vent (best not to use water, instead use vacuum) ● Flooring (scrub and mop, remove all scuffs and stains) ● Carpet (vacuumed, steam clean to removes spots, including stains) ● Cabinets (interior and exterior) ● Counter tops (free of stains) ● Bath walls (wash off sprays and spatters) ● Pantry and closets ● Appliances (thoroughly clean interior and exterior)
o Stove (eye rings, drip pans and under drip pans) and Oven (DO NOT use oven cleaner in self-cleaning oven) o Refrigerator (when through cleaning DO NOT unplug or turn off) Please note that if the refrigerator is move out too
far or is not moved back carefully, the supply line to the icemaker may become loose or crimped causing minor to severe leaks.
● Sinks, Bathtubs, fixtures, and toilets (scrub and disinfect all sinks, bathtubs, chrome fixtures, toilet and toilet tanks) ● Mirrors (remove all stickers) ● Patios and decks (sweep off patios and sidewalk, clean up spills and stains) ● Replace any burned out light bulbs (except florescent bulbs in kitchen) ● Leave appliance manuals and clean broiler pan ● Turn in keys (Apartment and mailbox) to office. Make sure to put keys inside an envelope and indicate Apartment number
and your name. Failure to return all keys will result in a penalty. NOTES:
● Normal wear and tear is not dirt or soiled areas. ● Damage to carpet is responsibility of Resident(s). ● Do not put furniture in or around dumpster, you will be fined for doing so. If you have old furniture or any other items still in
decent condition that you no longer want, please place in designated area. ● All garbage/trash must be placed inside dumpster, not beside it. If dumpsters are full, please contact Landlord. ● Please be careful around carpeted areas if using bleach to clean bathroom and kitchen. A charge will be assessed for bleach
stains unless previously noted on move-in inspection report. ● If you are repairing sheet rock damage, make sure it is professionally done and use the right materials or you will be charged
to correct the problem.
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DESCRIPTION AVERAGE ESTIMATED COST TO REPAIR/REPLACE/CLEAN Cleaning Common Area $55 & up
Cleaning Bedroom $50 Carpet Cleaning Common Area $45
Carpet Cleaning Bedroom $25 Carpet Stain Removal $15 per stain/$40 per red stains
Full Paint Common Area $200 & up Full Paint Bedroom $100 & up
Touch Up Paint Common Area $125 Touch Up Paint Bedroom $75
Oven Drip Pans $6 each Smoke Detectors $30 Fire Extinguishers $100 Broken Windows $100 & up
Holes in Wall $15 & up Sheetrock damage $35 & up
Trash out ( removal of trash left in the apartment) $25 per bag Replace Doors $200 per interior/$300 per exterior
Replace Floor Tiles $50 & up Carpet Replacement $250 & up per room
Key Replacement for Non-returned Keys $75 Gate Remote $50 Mailbox Key $25
Mini-blinds replacement $30 & up each Window screens $35 each
Replace Microwave $200 per countertop/$300 per over the range Replace Refrigerator $600 & up
Replace Washing Machine $500 & up Replace Dryer $400 & up
Ceiling Fan $75 Fan Blades $20 each
Globes $40 Towel Bar $20 each
Shower Curtain Rod $40 Shower head $15
Mirrors $65 each Light Fixtures $55 each
Flea Treatment $150 Replace Cabinet Doors $100 each
Disclaimer: These are estimated costs for items found in, around, or outside your apartment. These costs can change at any time, are driven by the market, and in no way reflect an inventory in your apartment. These costs are to be used as an example only.
Resident Signature Date
Owner’s Representative Date
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View at Montgomery 1100 W MONTGOMERY AVE
PHILADELPHIA, PA 19122 215‐423‐1100 P 215‐232‐2796 F
ANIMAL ADDENDUM View at Montgomery (“Management”) and Daian Yu (“Resident”), have signed this Addendum to cover the special obligations and needs entailed in keeping a pet at an apartment community. This Addendum applies to your lease agreement and all residents residing within unit. Residents are allowed to keep a pet only under the following terms and conditions, and Management shall have the right to terminate the Resident’s lease agreement or terminate the Resident’s right of possession for any violation of this Addendum. Resident is not permitted to add or substitute any animal for those described below without prior written consent of Management.
Our Community has a weight limit of N/A pounds and must be at least N/A year(s) old. Only common domestic pets are permitted. Exotic, vicious, or aggressive breed animals are not allowed. Each resident is expected to know the needs of their pet(s) and carefully supervise their pet(s). Resident acknowledges that management only allows 2 pet(s) per unit.
Description of Pet: You may keep only the animal described below. You may not substitute any other animal for this one. Neither you nor your guests or occupants may bring any other animal including but not limited to: mammal, reptile, bird, amphibian, fish, rodent, arachnid or insect‐ into the dwelling or apartment community.
Animal Name: Type: Breed: Color: Weight: Age: Date of last Rabies Shot:
Additional Comments: 1. The terms of this Addendum shall be the same of that specified in the above referenced lease agreement. 2. Management shall have the right to require residents to remove the pet from the Resident’s apartment and from the
Apartment Community for any violation of this addendum, in addition to the remedy of terminating the lease agreement. 3. Fees: Resident agrees to pay the following charges and fees, as indicated, all of which are in addition to those specified in
Paragraph 6 or other provisions of the lease agreement. Resident acknowledges and agrees that a pet generally causes damages to flooring, carpeting, walls and doors, which exceeds normal wear and tear.
4. A non‐refundable pet fee of $N/A and refundable pet fee of $N/A per pet shall be due prior to move in. Payment of said fees does not constitute liquidated damages, and Resident shall be liable for all damages exceeding normal wear and tear (without regard to whether a pet has been kept in said premises), rents and other sums or charges, which are or will come due under the lease agreement. In addition to the non‐refundable fee, there is a $N/A monthly (per) pet rent payable on the first day of the month. This is in addition to the rental rate listed on the lease agreement.
5. Resident is responsible for payment of any replacement of carpeting, flooring, sub‐flooring, and for flea treatments, shampooing, or deodorization.
Insurance and Identification: It is recommended that the Resident purchase a renter’s insurance policy which provides for liability insurance that covers any damages or claims caused by said pet, including but not limited to resident’s negligence in failing to supervise and control said pet which results in property damage or personal injury to other residents, other occupants, guests, invitees, management staff or management’s vendors who supply goods and services to the property.
Emergency: In an emergency involving an accident or injury to your animal, we have the right, but not a duty, to take the animal to the nearest veterinarian of our choosing for treatment, at your expense.
Pet Rules and Regulations: A. Resident shall control and prevent pet from barking or other behavior which disrupts or interferes with other residents’ quiet
enjoyment of their premises or disrupts Management in carrying out its day‐to‐day business on the property. Failure to abide by
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these rules may lead to termination of the rental agreement. Resident shall not allow or permit their pet to attack or bite any other person or pet. If an attack occurs, Management reserves the right to require Resident to re move said pet permanently from property. Resident shall not abandon or neglect their pet in any manner.
B. Resident shall feed, provide water, clean, care and supervise their pet at all times. In the event that Management discovers that Resident’s pet appears to be abandoned, neglected, abused, unattended, unsupervised, causing damage to the apartment or Apartment Community, or in need of emergency or veterinary treatment, Resident grants Management the right to take such steps as Management in its discretion deems necessary to protect the animal from the Apartment Community and delivery of the same to the county animal control department, the Humane Society, a veterinarian, or a temporary or permanent foster home.
C. Resident shall maintain their pet on a leash at all times when the pet is outside the apartment or on any portion of the Apartment Community. Pets are not permitted to run free or unleashed around the property. Resident shall provide a proper and appropriate cage, bedding, or sleeping pallet suitable and appropriate for the particular pet, taking into consideration the pet’s characteristics and temperament.
D. All pets shall be properly licensed and must display the proper tags and identification to show that they have received proper vaccinations and treatment for rabies or transmittable diseases. Dogs and cats shall have a collar with a tag showing the name, phone number, and address of its owner.
E. Resident shall be responsible for cleaning up all pet feces and disposing of the same in a clean, sanitary manner. Resident shall not permit any pet excrement or urine on common area hallways, steps, or walkways. Resident shall not allow pet excrement or urine to damage landscaping, flowers, shrubs, or grass. Pets must be walked only in designate d “Pet Areas” or, if none, in natural wooded areas surrounding or off the Apartment Community property. The following shall apply to a violation of this policy: FIRST: A written warning specifying the complaint will be issued to the Resident, a $25.00 charge will be immediately due and payable by the resident, and Landlord may, in its discretion, declare the Lease to be in default. SECOND: Upon a second violation, a $50.00 charge will be immediately due and payable by the Resident, and the Landlord may declare the Lease to be in default.
F. The charges above for violation of the pet feces clean‐up policy constitute fees to cover the administrative costs of handling a pet violation but do not cover damages or destruction due to urine, carpet repair, etc. caused by a violation of this policy. Resident shall remain liable for any and all damages exceeding normal wear and tear to the apartment caused by the pets or animals, and the above fees are not intended to release Resident of such liability.
G. Pet shall not be tied or tethered to buildings, patios, balconies, landscaping, trees, stakes, or any portion of the Apartment Community common areas or grounds. Pets are not permitted in the Management/Leasing Office, Clubhouse, Fitness Room, Swimming Pool, or any recreational amenity or facility on the property.
Management reserves the right to remove the pet and/or any unauthorized pets from the premises if any of the above policies are violated. In addition, Resident acknowledges Management reserves the right to remove a pet if Management receives continued (three or more) complaints from roommates or neighbors regarding a violation of the above policies.
The signing of this document does not approve a pet, only the Resident understands of the pet rules. All pet approvals will be made after the move in of the Resident, with management approval and will require re-execution of this animal addendum with all relevant information. In witness of whereof the parties have caused the presents to be signed in person or by a person duly authorized the day and year written above.
Resident Signature Date
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Signature Details Pennsylvania Renewal Lease
1 Daian Yu IP: 206.125.61.2 11/06/2017 15:34:52 PM ( MST ) Primary-ID: 9155560
2 Daian Yu IP: 206.125.61.2 11/06/2017 15:35:01 PM ( MST ) Primary-ID: 9155560
3 Daian Yu IP: 206.125.61.2 11/06/2017 15:35:07 PM ( MST ) Primary-ID: 9155560
4 Daian Yu IP: 206.125.61.2 11/06/2017 15:35:16 PM ( MST ) Primary-ID: 9155560
5 Daian Yu IP: 206.125.61.2 11/06/2017 15:35:22 PM ( MST ) Primary-ID: 9155560
6 Daian Yu IP: 206.125.61.2 11/06/2017 15:35:58 PM ( MST ) Primary-ID: 9155560
7 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:09 PM ( MST ) Primary-ID: 9155560
8 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:12 PM ( MST ) Primary-ID: 9155560
9 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:16 PM ( MST ) Primary-ID: 9155560
10 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:21 PM ( MST ) Primary-ID: 9155560
11 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:24 PM ( MST ) Primary-ID: 9155560
12 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:27 PM ( MST ) Primary-ID: 9155560
13 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:30 PM ( MST ) Primary-ID: 9155560
14 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:35 PM ( MST ) Primary-ID: 9155560
15 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:39 PM ( MST ) Primary-ID: 9155560
16 Daian Yu IP: 206.125.61.2 11/06/2017 15:36:54 PM ( MST ) Primary-ID: 9155560
17 Shanelle Harrison IP: 206.125.61.132 02/08/2018 14:12:10 PM ( MST ) Owner/Manager
Pennsylvania Addenda
1 Daian Yu IP: 206.125.61.2 11/06/2017 15:37:36 PM ( MST ) Primary-ID: 9155560
2 Daian Yu IP: 206.125.61.2 11/06/2017 15:37:40 PM ( MST ) Primary-ID: 9155560
3 Daian Yu IP: 206.125.61.2 11/06/2017 15:37:43 PM ( MST ) Primary-ID: 9155560
4 Daian Yu IP: 206.125.61.2 11/06/2017 15:37:45 PM ( MST ) Primary-ID: 9155560
5 Daian Yu IP: 206.125.61.2 11/06/2017 15:37:48 PM ( MST ) Primary-ID: 9155560
6 Daian Yu IP: 206.125.61.2 11/06/2017 15:37:50 PM ( MST ) Primary-ID: 9155560
7 Daian Yu IP: 206.125.61.2 11/06/2017 15:37:53 PM ( MST ) Primary-ID: 9155560
8 Daian Yu IP: 206.125.61.2 11/06/2017 15:37:57 PM ( MST ) Primary-ID: 9155560
9 Daian Yu IP: 206.125.61.2 11/06/2017 15:38:02 PM ( MST ) Primary-ID: 9155560
10 Daian Yu IP: 206.125.61.2 11/06/2017 15:38:05 PM ( MST ) Primary-ID: 9155560
11 Daian Yu IP: 206.125.61.2 11/06/2017 15:38:08 PM ( MST ) Primary-ID: 9155560
12 Daian Yu IP: 206.125.61.2 11/06/2017 15:38:11 PM ( MST ) Primary-ID: 9155560
13 Daian Yu IP: 206.125.61.2 11/06/2017 15:38:14 PM ( MST ) Primary-ID: 9155560
14 Daian Yu IP: 206.125.61.2 11/06/2017 15:38:25 PM ( MST ) Primary-ID: 9155560
15 Shanelle Harrison IP: 206.125.61.132 02/08/2018 14:12:10 PM ( MST ) Owner/Manager
Animal Addendum
1 Daian Yu IP: 206.125.61.2 11/06/2017 15:38:35 PM ( MST ) Primary-ID: 9155560
2 Daian Yu IP: 206.125.61.2 11/06/2017 15:38:49 PM ( MST ) Primary-ID: 9155560
3 Shanelle Harrison IP: 206.125.61.132 02/08/2018 14:12:10 PM ( MST ) Owner/Manager