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PREMISES LEASED, TERM OF LEASE, AND
OCCUPANCY. Lessor does hereby rent and lease to Lessee a Unit at _____________________in
_____________________ (hereinafter the "Premises"), for a term of (not
less than six (6) months pursuant to Paragraph 15 of the Declaration) commencing
on ____________, 19_____ and ending on _____________, 19_____ midnight.
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RENT. Lessee covenants and agrees to pay
to Lessor at total rent for the term equal to _____________________________________
($_______) Dollars which rent shall be paid in equal monthly installments
of _____________________________________ ($_____________) Dollars promptly
on the first day of each rental month in advance during the term of this
Lease, without deduction or demand.
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LATE PAYMENTS AND RETURNED CHECKS.
Time is of the essence in this Agreement, and if Lessor elects to accept
rent after the ________ day of the month, a late charge, upon request of
Lessor, of $_________ may be charged as additional rent. In the event Lessee's
rent check is dishonored by the bank, Lessee agrees to pay Lessor $_________
as a handling charge and, if appropriate, the late charge. Returned checks
shall be redeemed by cash, a cashier's check, certified check, or money
order. If more than two checks are returned, Lessee agrees to pay all future
rents and charges in the form of cash, a cashier's check, a certified check,
or money order.
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SECURITY DEPOSIT. Upon the execution
of this Lease, Lessee agrees and covenants to pay to Lessor a security
deposit in the amount of $_________, as security for Lessee's fulfillment
of the conditions of this Lease. The security deposit will be returned
to Lessee within thirty (30) days after the Premises are vacated if:
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the lease term has expired or this Lease
has been terminated by both parties;
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all monies due Lessor by Lessee have been
paid; and
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the Premises are not damaged and are left
in the same condition as exists at the execution of this Lease, normal
wear and tear excepted.
The deposit may be applied by Lessor to
satisfy all or part of Lessee's obligations, and such application shall
not prevent Lessor from claiming damages in excess of the deposit. Lessee
agrees not to apply the deposit to any rent payment and also agrees to
pay $_________ for re-keying locks if all keys are not returned. Lessee
acknowledges receipt of ________ keys.
In the event that any part of the deposit
has been used by Lessor in accordance with the terms of this Lease or applicable
law, Lessee shall upon demand immediately deposit with Lessor a sum equal
to the amount so applied by Lessor so that Lessor shall have the full deposit
on hand at all times during the Lease term including any extension, renewal
or holdover term. In the event of any permitted assignment or sublease
of this Lease by Lessee, the deposit shall be deemed to be held by Lessor
as a deposit made by Lessee's assignee or sublessee, and Lessor shall have
no further liability to return such deposit to the assignor or sublessor.
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ASSOCIATION IS THIRD-PARTY BENEFICIARY.
Lessee and Lessor acknowledge that Wieuca at Roswell Condominium Association,
Inc. (hereinafter the "Association"), is a third-party beneficiary of the
promises made in this Lease Agreement.
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COMPLIANCE AND ENFORCEMENT BY ASSOCIATION.
Lessee shall comply strictly with the Declaration of Condominium for Wieuca
at Roswell Condominium (hereinafter the "Declaration"), the Bylaws of Wieuca
at Roswell Condominium Association, Inc. (hereinafter the "Bylaws"), and
the administrative rules and regulations adopted pursuant thereto, as any
of the foregoing may be lawfully amended from time to time. Lessee shall
control the conduct of his or her family and guests in order to assure
compliance with the foregoing and shall indemnify and hold Lessor and the
Association harmless for any such person's failure to comply. Lessee acknowledges
that the violation by Lessee, or any occupant or person living with Lessee,
of any provision of the Declaration, Bylaws, or the rules and regulations
adopted thereunder, shall constitute a default under this Lease.
In order to enforce the provisions
of this Lease, the Association may bring an action against the Lessor or
Lessee for damages or injunctive relief or may impose any other sanction
authorized by the Declaration or Bylaws or available at law or in equity
including, without limitation, all remedies available to a landlord upon
breach or default of a lease (including eviction). Failure by the Association
to enforce any of its rights shall not be deemed a waiver of the right
to do so thereafter.
Lessor hereby delegates and assigns
to the Association, acting through the Board, the power and authority to
evict Lessee on behalf of and for the benefit of Lessor, in accordance
with the terms hereof. In the event the Association proceeds to evict Lessee,
any cost associated with the eviction, including attorney' s fees and court
costs, shall be specially assessed against the Premises and shall be a
personal obligation of Lessor, such being deemed hereby as an expense which
benefits the leased Premises and Lessor.
Lessee and Lessor hereby represent
that Lessee has been given a copy of the Declaration, Bylaws, and rules
and regulations of Wieuca at Roswell Condominium Association, Inc., that
Lessee has read them, and that Lessee is bound by them.
If Lessee or a person living with Lessee
violates the Declaration, Bylaws or a rule or regulation for which a fine
is imposed, such fine may be assessed against Lessee; provided, however,
if the fine is not paid by Lessee within the time period set by the Association's
Board, Lessor shall pay the fine upon notice from the Association of Lessee's
failure to pay the fine. Unpaid fines shall constitute a lien against the
Premises.
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PAYMENT OF ASSESSMENTS. Upon request
by the Association, Lessee shall pay to the Association all unpaid annual
assessments and special assessments, as lawfully determined and made payable
during and prior to the term of the Lease and any other period of occupancy
by Lessee; provided, however, Lessee need not make such payments to the
Association in excess of, or prior to the due dates for, monthly rental
payments unpaid at the time of the Association's request. All such payments
made under this Paragraph shall reduce, by the same amount, Lessee's obligation
to make monthly rental payments to Lessor. If Lessee fails to comply with
the Association's request to pay assessments, Lessee shall pay to the Association
all late or delinquent charges, interest, and costs of collection including,
but not limited to, reasonable attorney's fees actually incurred, to the
same extent Lessee would be required to make such payments to the Association
if Lessee were the owner of the Premises during the term of this Lease
and any other period of occupancy by Lessee.
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POSSESSION. Lessor shall not be
liable for damages to Lessee for failure to deliver possession of the Premises
to Lessee at the commencement of the term if such failure is due to no
fault of the Lessor. Lessor shall use his or her best efforts to give possession
of the Premises to the Lessee at the beginning of Lessee's term.
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MAINTENANCE AND INDEMNIFICATION.
Lessee accepts the Premises in the condition in which they are now and
as suited for the use intended by Lessee. Lessor shall not be required
to make any repairs or improvements on the Premises, except that on written
notice from the Lessee of any defect rendering the Premises unsafe or untenantable,
Lessor shall remedy such defective condition. Lessee shall comply with
all notices and other requirements, including the Declaration, Bylaws and
rules and regulations of the Association concerning maintenance and repair.
Lessee shall be liable for and shall indemnify and hold Lessor harmless
from any damage or injury to the person or property of Lessee or any other
person if such damage or injury be due to the act or neglect of the Lessee
or any other person in his or her control or employ, or if such damage
or injury be due to any failure of Lessee to report in writing to Lessor
any defective condition which Lessor would be required to repair under
the terms hereof on notice from Lessee. Lessee releases Lessor from liability
for and agrees to indemnify Lessor against all losses incurred by Lessor
as a result of (a) Lessee's failure to fulfill any condition of this Agreement;
(b) any damage or injury happening in or about the Premises to Lessee's
invitees or licensees or such person's property; (c) Lessee's failure to
comply with any requirements imposed by any governmental authority and
as provided in Paragraph 6 hereof; and (d) any judgment, lien, or other
encumbrance filed against the Premises as a result of Lessee's action.
All personal property located or stored in the Premises or on Common Elements
of Wieuca at Roswell Condominium shall be kept and stored at Lessee's sole
risk, and Lessee shall indemnify and hold harmless Lessor and the Association
from and against any loss or damage to such property arising out of any
cause whatsoever. Lessor and the Association shall not be liable, except
in the case of Lessor's direct negligence or willful misconduct, for any
injury, damage, or loss resulting from any accident or occurrence in or
upon the Premises or the Common Elements and facilities sustained by Lessee
or by any person claiming through Lessee.
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USE AND OCCUPANCY.
The Premises will be used solely for the purpose of Lessee's residence,
Lessee shall not use or allow the Premises to be used for any disorderly
or unlawful purposes or in any manner offensive to others, and Lessee shall
comply with all applicable laws, ordinances, covenants and rules and regulations.
Lessee shall not paint, redecorate, remodel or make any structural changes
to the Premises, nor shall Lessee remove or replace any fixtures on or
from the Premises. Lessee shall not damage, destroy or commit waste on
the Premises, nor permit any other person to damage, destroy or commit
waste on the Premises.
Lessor transfers and assigns to
Lessee for the term of this Lease any and all rights and privileges that
Lessor has to use the Common Elements of Wieuca at Roswell Condominium
including the recreational facilities and other amenities.
Lessee shall limit occupancy of Premises
to a single family as defined in the Declaration.
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UTILITIES. All utility bills for
services separately metered or billed to the Premises during the lease
term shall be paid by __________________________.
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PETS OR ANIMALS. Lessee shall keep
only those pets or animals that comply with the Declaration and the rules
and regulations adopted by the Board of Directors, and then only with prior
approval from Lessor.
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ASSIGNMENT AND SUBLEASING. Lessee
shall not assign this Lease or sublet the Premises or any part thereof
without the written permission of Lessor and the Board of Directors of
the Association, pursuant to its duly adopted rules and regulations.
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CASUALTY. If the Premises are rendered
untenantable by fire, storm, earthquake or other casualty, this Lease shall
terminate as of the date of such destruction or damage, and rental shall
be accounted for as of that date.
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ACCESS. Lessor, his or her agents,
and the agents of the Association shall have the right of access to the
Premises, upon notice to Lessee, between the hours of 8:00 a.m. and 8:00
p.m., to inspect, maintain, and improve the Premises, and for the purpose
of showing the Premises to prospective tenants during the last month of
the lease term. In case of emergency, such parties may enter at any time
to prevent property damage or personal injury.
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DISCLOSURE. Lessor, as the owner
of record of the Premises, or the person authorized to act for and on behalf
of the owner for the purpose of service of process and receiving and receipting
for demands and notice is:
_______________________________________(owner)
(agent)
_______________________________________(address)
_______________________________________
Notice to the Association shall be
mailed to:
_______________________________________
_______________________________________
_______________________________________
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HOLDOVER. Lessee shall not remain
in possession of the leased Premises after the expiration of this Lease.
Any holding over of the leased Premises by Lessee after the expiration
of this Lease without a written renewal thereof or written consent from
Lessor or Lessor's agents and written approval of the Board of Directors
of the Association shall not constitute a tenancy-at-will by Lessee, but
Lessee shall become a tenant-at-sufferance. There shall be no renewal whatsoever
of this Lease by operation of law. The Association, as attorney-in-fact
on behalf of Lessor, shall be empowered to bring an action to evict Lessee
in the event that Lessee holds over beyond the term of this Lease.
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SURRENDER. Whenever under the terms
hereof Lessor is entitled to possession of the Premises, Lessee shall at
once surrender the Premises to Lessor in as good condition as at present,
natural wear and tear excepted, and Lessor may forthwith reenter Premises
and repossess himself or herself thereof and remove all persons and effects
therefrom, using such force as may be necessary without being guilty of
forcible entry or detainer, trespass, or other tort.
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ABANDONMENT. If Lessee removes
or attempts to remove property from the Premises other than in the usual
course of continuing occupancy without first having paid Lessor all monies
due, the Premises may be considered abandoned, and Lessor shall have the
right without notice, to store or dispose of any property left on the Premises
by Lessee. Lessor shall also have the right to store or dispose of any
of Lessee's property remaining on the Premises after termination of this
Agreement. Any such property shall be considered Lessor's property, and
title thereto shall rest in Lessor. Lessor shall have the right to re-rent
the Premises after Lessee abandons same.
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DEFAULT. Any breach or violation
of any provision of this Lease by Lessee shall give Lessor the right to
terminate this Lease or to take possession and hold Lessee liable for the
remainder of the term. Should possession be obtained, Lessor, at Lessor's
option, may re-rent the Premises as Lessee's agent at the risk and cost
of the defaulting Lessee, whose default shall not relieve him or her of
liability for the difference between the rent herein reserved and the rent
actually received by Lessor during the term remaining after such default
occurs.
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CONDEMNATION. In the event that
the Premises or any part thereof (other than Common Elements the taking
of which does not prevent continued occupancy of the Premises) is taken
by any authority exercising the power of eminent domain, this Lease shall
terminate as of the date possession shall be taken by the condemnor. Lessee
waives all claims against Lessor or any condemning authority by reason
of the complete or partial taking of the Premises, and shall not be entitled
to receive any part of any award which Lessor may receive, hereby quitclaiming
all interest therein to Lessor.
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SUBORDINATION OF RIGHTS. Lessee's
and Lessor's rights shall be subject to all rights of the Association and
any bona fide mortgage or deed to secure debt which is now or may hereafter
be placed upon the Premises by Lessor.
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ENTIRE AGREEMENT AND WAIVER. This
Lease contains the entire agreement of the parties, and no representation,
inducement, promises or agreements not contained herein shall be of any
force or effect. No failure of Lessor to exercise any power given Lessor
hereunder, and no custom or practice of the parties at variance with the
terms hereof shall constitute a waiver of Lessor's right to demand exact
compliance with the terms hereof.
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REMEDIES CUMULATIVE. All remedies
under this Lease or by law or equity shall be cumulative. If suit for any
breach of this Lease establishes a breach by either Lessor or Lessee, the
party found in breach shall pay to the other party all expenses incurred
in connection therewith, including, but not limited to, attorney's fees.
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ILLEGAL ACTIVITIES. The conduct
of any unlawful activities on the Premises shall constitute a breach of
this Lease.
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SUCCESSORS. This Lease shall inure
to the benefit of and shall bind the heirs, successors, personal representatives,
and assigns of all parties to this Lease.
[OPTIONAL]
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TERMINATION OF LEASE UPON SALE OF UNIT.
If at any time during the term of this Lease, Lessor contracts for the
sale of the Unit, the Lessor shall send Lessee written notice of such proposed
sale stating the date on which Lessee must vacate the Unit, which date
shall not be later than _________________ (the date the lease terminates).
Lessee shall have at least thirty (30) days from the date of the notice
to vacate the Unit; provided, however, that Lessee shall vacate the Unit
on or before ___________________ (the date the lease terminates) if notice
of sale is sent less than thirty days prior to the date this Lease Agreement
terminates. If Lessee is required to vacate the Unit pursuant to this Paragraph,
this Lease shall terminate upon the date which Lessee is required to vacate
the Unit as stated in the notice of sale.
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SPECIAL STIPULATIONS.