Common use of BREACH, ABANDONMENT, FORFEITURE AND TERMINATION Clause in Contracts

BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental application; (iv) Tenant discontinues the use of the Premises for the purposes for which it was rented; (v) Tenant or any of Tenant’s guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the Complex, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to Tenant; (vi) Tenant is a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, or involving possession, manufacture, or delivery of a controlled substance or illegal drugs; (viii) any illegal drugs are found in the Premises; (ix) Tenant breaches any other term or covenant of this Lease or any addendum to this Lease; or (x) Tenant abandons or vacates the Premises prior to the expiration of the Term

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

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BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis/her/their Rental Application; (iv) Tenant discontinues the use of the Premises Apartment Unit for the purposes for which it was rented; (v) Tenant or any of Tenant’s 's guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexApartments, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Apartment Unit or apartment); (vi) Tenant is a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, or involving possession, manufacture, or delivery of a controlled substance or illegal drugs; (viii) any illegal drugs are found in the PremisesApartment Unit; (ix) Tenant breaches any other term term, condition, or covenant of this Lease or any addendum to this Lease; or (x) Tenant abandons (as determined by Landlord, in its sole and absolute discretion) or vacates the Premises Apartment Unit prior to the expiration of the Term. If a default occurs, Landlord may, in its sole and absolute discretion and without notice to Tenant of any kind, (i) terminate the Lease or (ii) terminate Tenant's right to possess the Apartment Unit without terminating the Lease and peacefully re-enter and repossess the Apartment Unit, and remove and put out Tenant and Tenant's personal property in the manner allowed by Prevailing Law. In the event of such re-entry and repossession by Landlord, such re-entry and repossession shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. Whether or not Landlord chooses to terminate the Lease or terminate Tenant's right to possess the Apartment Unit without terminating the Lease, Tenant shall always remain liable for all rents and damages that shall accrue throughout the remaining term of the Lease, regardless of whether or not Tenant is in possession of the Apartment Unit. Upon any termination of the Lease or Tenant's right to possess the Apartment Unit or in the event Tenant fails to remove all items of personal property from the Apartment Unit after termination of the tenancy, Landlord may, at its sole option, file a summary ejectment (eviction) lawsuit against Tenant to seek possession of the Apartment Unit. It is intended that Landlord's remedies shall be as broad as permitted by Prevailing Law. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid Rent or damages, or of the Landlord's right to avail itself of any remedy allowed by Prevailing Law. In the event Landlord files a summary ejectment action against Tenant, Tenant shall be liable to Landlord for the highest ONE of whichever of the following fees apply:

Appears in 2 contracts

Samples: Properties, LLC Agreement of Lease, Properties, LLC Agreement of Lease

BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis/her/their Rental Application; (iv) Tenant discontinues the use of the Premises Dwelling for the purposes for which it was rented; (v) Tenant or any of Tenant’s 's guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexNeighborhood, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Dwelling); (vi) Tenant is a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, or involving possession, manufacture, or delivery of a controlled substance or illegal drugs; (viii) any illegal drugs are found in the PremisesDwelling; (ix) Tenant breaches any other term or covenant of this Lease or any addendum to this Lease; (x) Tenant participates in violent action that causes danger or damage to persons or property while on the premises; or (xxi) Tenant abandons or vacates the Premises Dwelling prior to the expiration of the Term. Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default by Tenant under this Lease and Landlord will have the right to exercise any rights and remedies afforded to it hereunder or by Prevailing Law. Pursuant to Va. Code § 55- 248.31.C, in the event Tenant’s breach of this Lease involves or constitutes a criminal or willful act, which is not remediable and which poses a threat to health or safer, the Landlord may terminate this Lease and Tenant's right of occupancy immediately. Tenant shall be liable for all costs, fees and damages incurred by Landlord in exercising its default rights, and such actions shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. It is intended that Landlord's remedies shall be as broad as permitted under Prevailing Law and shall include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Dwelling or Neighborhood; (b) the right to terminate Tenant's right to occupy the Leased Premises; or (c) the right to sublease and rent the Leased Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Dwelling or Neighborhood, and third, to the Tenant's rental obligations hereunder, with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord's right to avail itself of any remedy allowed by Prevailing Law. Following a default hereunder, in addition to any other remedies, the Landlord is entitled to employ an attorney at law to enforce Landlord's rights hereunder, and all fees and costs including without limitation court costs and attorneys' fees connected therewith shall be paid by Tenant. Any rentals or damages which remain unpaid after default shall bear interest at the rate equal to the lesser of fifteen percent (15%) per annum compounded quarterly, or the highest rate allowable under Virginia law. Tenant will also be liable to Landlord for a re-leasing charge of 85% of the highest monthly rent during the Lease term if:

Appears in 1 contract

Samples: Aspen Heights Harrisonburg Virginia Lease Agreement

BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis/her/their Rental Application; (iv) Tenant discontinues the use of the Premises Dwelling for the purposes for which it was rented; (v) Tenant or any of Tenant’s 's guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexNeighborhood, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Dwelling); (vi) Tenant is a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, or involving possession, manufacture, or delivery of a controlled substance or illegal drugs; (viii) any illegal drugs are found in the PremisesDwelling or any illegal activity is conducted in the Dwelling or within the Neighborhood; (ix) Tenant breaches any other term or covenant of this Lease or any addendum to this Lease; or (x) Tenant participates in violent action that causes danger or damage to persons or property while in the Neighborhood or a restraining order or other protective order is issued against Tenant; (xi) Tenant abandons or vacates the Premises Dwelling prior to the expiration of the Term; or (xii) Tenant fails to move in within seven (7) days of the Term commencing unless Tenant provides notice to Landlord and has paid the initial Rent installment. Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default by Tenant under this Lease and Landlord will have the right to exercise any rights and remedies afforded to it hereunder or by Prevailing Law. Landlord may terminate Tenant's right of occupancy at the earliest opportunity permitted under Prevailing Law. Tenant shall be liable for all costs, fees and damages incurred by Landlord, and such actions shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. It is intended that Landlord's remedies shall be as broad as permitted under Prevailing Law and shall include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Dwelling or Neighborhood; (b) the right to accelerate the then entire unpaid balance of the Rent for the Term then remaining, or, the right to stand by and collect rental payments as they become due; (c) the right to terminate Tenant's right to occupy the Leased Premises to the fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Dwelling or Neighborhood, and third, to the Tenant's rental obligations hereunder, with the Tenant and Co-Lessee(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord's right to avail itself of any remedy allowed by Prevailing Law. Following a default hereunder, in addition to any other remedies, the Landlord is entitled to employ an attorney at law to enforce Landlord's rights hereunder, and all court costs connected therewith shall be paid by Tenant. Any rentals or damages which remain unpaid after default shall bear interest at the rate equal to the lesser of fifteen percent (15%) per annum compounded quarterly, or the highest rate allowable under Prevailing Law. Tenant will also be liable to Landlord for a releasing charge of 85% of the highest monthly rent during the Lease Term if:

Appears in 1 contract

Samples: Aspen Heights Norman Oklahoma Lease Agreement

BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis/her/their Rental Application; (iv) Tenant discontinues the use of the Premises Apartment Unit for the purposes for which it was rented; (v) Tenant or any of Tenant’s guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexApartments, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Apartment Unit or apartment); (vi) Tenant is a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, or involving possession, manufacture, or delivery of a controlled substance or illegal drugs; (viii) any illegal drugs are found in the PremisesApartment Unit; (ix) Tenant breaches any other term term, condition, or covenant of this Lease or any addendum to this Lease; or (x) Tenant abandons (as determined by Xxxxxxxx, in its sole and absolute discretion) or vacates the Premises Apartment Unit prior to the expiration of the Term. If a default occurs, Landlord may, in its sole and absolute discretion and without notice to Tenant of any kind, (i) terminate the Lease or (ii) terminate Tenant’s right to possess the Apartment Unit without terminating the Lease and peacefully re-enter and repossess the Apartment Unit, and remove and put out Tenant and Xxxxxx’s personal property in the manner allowed by Prevailing Law. In the event of such re-entry and repossession by Landlord, such re-entry and repossession shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. Whether or not Landlord chooses to terminate the Lease or terminate Tenant’s right to possess the Apartment Unit without terminating the Lease, Tenant shall always remain liable for all rents and damages that shall accrue throughout the remaining term of the Lease, regardless of whether or not Tenant is in possession of the Apartment Unit. Upon any termination of the Lease or Xxxxxx’s right to possess the Apartment Unit or in the event Tenant fails to remove all items of personal property from the Apartment Unit after termination of the tenancy, Landlord may, at its sole option, file a summary ejectment (eviction) lawsuit against Tenant to seek possession of the Apartment Unit. It is intended that Xxxxxxxx’s remedies shall be as broad as permitted by Prevailing Law. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid Rent or damages, or of the Landlord’s right to avail itself of any remedy allowed by Prevailing Law. In the event Landlord files a summary ejectment action against Tenant, Tenant shall be liable to Landlord for the highest ONE of whichever of the following fees apply:

Appears in 1 contract

Samples: Properties, LLC Agreement of Lease

BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis or her Rental Application; (iv) Tenant discontinues the use of the Premises Dwelling for the purposes for which it was rented; (v) Tenant or any of Tenant’s 's guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexNeighborhood, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Dwelling or sent electronically); (vi) Tenant is or becomes a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, stalking, harassment or involving possession, manufacture, or delivery of a controlled substance or illegal drugsdrugs or a restraining order or other protective order is issued against Tenant; (viii) any illegal drugs are found in the PremisesDwelling or any illegal activity is conducted in the Dwelling or within the Neighborhood; (ix) Tenant breaches any other term or covenant of this Lease or any addendum to this Lease; or (x) Tenant participates in violent action that causes danger or damage to persons or property while in the Neighborhood; (xi) Tenant abandons or vacates (as determined pursuant to X.X.Xx. 441.065) the Premises Dwelling prior to the expiration of the Term; (xii) Tenant fails to move in within seven (7) days of the Term commencing unless Tenant provides notice to Landlord and has paid the initial Rent installment; (xiii) Tenant fails to enter the agreement with Utility Servicer or change the utilities into Tenant’s name as described in Section 6; (xiv) Tenant fails to pay Utility Servicer any amounts owed, subject to Prevailing Law; or (xv) Tenant fails to provide the Guaranty within seven (7) days of signing this Lease. Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default by Tenant under this Lease and Landlord will have the right to exercise any rights and remedies afforded to it hereunder or by Prevailing Law. Landlord may terminate Tenant's right of occupancy at the earliest opportunity permitted under Prevailing Law. Tenant shall be liable for all costs, fees and damages incurred by Landlord, and such actions shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. It is intended that Landlord's remedies shall be as broad as permitted under Prevailing Law and shall include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Dwelling or Neighborhood; (b) the right to accelerate the then entire unpaid balance of the Rent for the Term then remaining, or, the right to stand by and collect rental payments as they become due; (c) the right to terminate Tenant's right to occupy the Leased Premises to the fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Dwelling or Neighborhood, and third, to the Tenant's rental obligations hereunder, with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord's right to avail itself of any remedy allowed by Prevailing Law. Following a default hereunder, in addition to any other remedies, the Landlord is entitled to employ an attorney at law to enforce Landlord's rights hereunder, and all fees and costs including without limitation court costs and attorneys' fees connected therewith shall be paid by Tenant. Any rentals or damages which remain unpaid after default shall bear interest at the rate equal to the lesser of fifteen percent (15%) per annum compounded quarterly, or the highest rate allowable under Prevailing Law. Tenant will also be liable to Landlord for a releasing charge of 85% of the highest Installment during the Lease Term if:

Appears in 1 contract

Samples: Aspen Springfield Missouri Lease Agreement

BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis/her/their Rental Application; (iv) Tenant discontinues the use of the Premises Dwelling for the purposes for which it was rented; (v) Tenant or any of Tenant’s 's guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexNeighborhood, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Dwelling); (vi) Tenant is a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, or involving possession, manufacture, or delivery of a controlled substance or illegal drugs; (viii) any illegal drugs are found in the PremisesDwelling; (ix) Tenant breaches any other term or covenant of this Lease or any addendum to this Lease; (x) Tenant participates in violent action that causes danger or damage to persons or property while on the premises; or (xxi) Tenant abandons or vacates the Premises Dwelling prior to the expiration of the Term. Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default by Tenant under this Lease and Landlord will have the right to exercise any rights and remedies afforded to it hereunder or by Prevailing Law. Tenant shall be liable for all costs, fees and damages incurred by Landlord, and such actions shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. It is intended that Landlord's remedies shall be as broad as permitted under Georgia law and shall include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Dwelling or Neighborhood; (b) the right to accelerate the then entire unpaid balance of the Rent for the Term then remaining, or, the right to stand by and collect rental payments as they become due; (c) the right to terminate Tenant's right to occupy the Leased Premises to the fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Dwelling or Neighborhood, and third, to the Tenant's rental obligations hereunder, with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord's right to avail itself of any remedy allowed by Prevailing Law. Following a default hereunder, in addition to any other remedies, the Landlord is entitled to employ an attorney at law to enforce Landlord's rights hereunder, and all fees and costs including without limitation court costs and attorneys' fees connected therewith shall be paid by Tenant. Any rentals or damages which remain unpaid after default shall bear interest at the rate equal to the lesser of fifteen percent (15%) per annum compounded quarterly, or the highest rate allowable under Georgia law. Tenant will also be liable to Landlord for a releasing charge of 85% of the highest monthly rent during the Lease Contract term if:

Appears in 1 contract

Samples: Athens, Georgia Lease Agreement

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BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis or her Rental Application; (iv) Tenant discontinues the use of the Premises Dwelling for the purposes for which it was rented; (v) Tenant or any of Tenant’s 's guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexNeighborhood, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Dwelling or sent electronically); (vi) Tenant is or becomes a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, stalking, harassment or involving possession, manufacture, or delivery of a controlled substance or illegal drugsdrugs or a restraining order or other protective order is issued against Tenant; (viii) any illegal drugs are found in the PremisesDwelling or any illegal activity is conducted in the Dwelling or within the Neighborhood; (ix) Tenant breaches any other term or covenant of this Lease or any addendum to this Lease; or (x) Tenant participates in violent action that causes danger or damage to persons or property while in the Neighborhood; (xi) Tenant abandons or vacates (as determined pursuant to X.X.Xx. 441.065) the Premises Dwelling prior to the expiration of the Term; (xii) Tenant fails to move in within seven (7) days of the Term commencing unless Tenant provides notice to Landlord and has paid the initial Rent installment; (xiii) Tenant fails to enter the agreement with Utility Servicer or change the utilities into Tenant’s name as described in Section 6; (xiv) Tenant fails to pay Utility Servicer any amounts owed, subject to Prevailing Law; or (xv) Tenant fails to provide the Co-Lessee within seven (7) days of signing this Lease. Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default by Tenant under this Lease and Landlord will have the right to exercise any rights and remedies afforded to it hereunder or by Prevailing Law. Landlord may terminate Tenant's right of occupancy at the earliest opportunity permitted under Prevailing Law. Tenant shall be liable for all costs, fees and damages incurred by Landlord, and such actions shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. It is intended that Landlord's remedies shall be as broad as permitted under Prevailing Law and shall include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Dwelling or Neighborhood; (b) the right to accelerate the then entire unpaid balance of the Rent for the Term then remaining, or, the right to stand by and collect rental payments as they become due; (c) the right to terminate Tenant's right to occupy the Leased Premises to the fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Dwelling or Neighborhood, and third, to the Tenant's rental obligations hereunder, with the Tenant and Co-Lessee(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord's right to avail itself of any remedy allowed by Prevailing Law. Following a default hereunder, in addition to any other remedies, the Landlord is entitled to employ an attorney at law to enforce Landlord's rights hereunder, and all fees and costs including without limitation court costs and attorneys' fees connected therewith shall be paid by Tenant. Any rentals or damages which remain unpaid after default shall bear interest at the rate equal to the lesser of fifteen percent (15%) per annum compounded quarterly, or the highest rate allowable under Prevailing Law. Tenant will also be liable to Landlord for a releasing charge of 85% of the highest Installment during the Lease Term if:

Appears in 1 contract

Samples: Aspen Springfield Missouri Lease Agreement

BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis/her/their Rental Application; (iv) Tenant discontinues the use of the Premises Apartment Unit for the purposes for which it was rented; (v) Tenant or any of Tenant’s guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexApartments, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Apartment Unit or apartment); (vi) Tenant is a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, or involving possession, manufacture, or delivery of a controlled substance or illegal drugs; (viii) any illegal drugs are found in the PremisesApartment Unit; (ix) Tenant breaches any other term term, condition, or covenant of this Lease or any addendum to this Lease; or (x) Tenant abandons (as determined by Landlord, in its sole and absolute discretion) or vacates the Premises Apartment Unit prior to the expiration of the Term. If a default occurs, Landlord may, in its sole and absolute discretion and without notice to Tenant of any kind, (i) terminate the Lease or (ii) terminate Tenant’s right to possess the Apartment Unit without terminating the Lease and peacefully re-enter and repossess the Apartment Unit, and remove and put out Tenant and Tenant’s personal property in the manner allowed by Prevailing Law. In the event of such re-entry and repossession by Landlord, such re-entry and repossession shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. Whether or not Landlord chooses to terminate the Lease or terminate Tenant’s right to possess the Apartment Unit without terminating the Lease, Tenant shall always remain liable for all rents and damages that shall accrue throughout the remaining term of the Lease, regardless of whether or not Tenant is in possession of the Apartment Unit. Upon any termination of the Lease or Tenant’s right to possess the Apartment Unit or in the event Tenant fails to remove all items of personal property from the Apartment Unit after termination of the tenancy, Landlord may, at its sole option, file a summary ejectment (eviction) lawsuit against Tenant to seek possession of the Apartment Unit. It is intended that Landlord’s remedies shall be as broad as permitted by Prevailing Law. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid Rent or damages, or of the Landlord’s right to avail itself of any remedy allowed by Prevailing Law. In the event Landlord files a summary ejectment action against Tenant, Tenant shall be liable to Landlord for the highest ONE of whichever of the following fees apply:

Appears in 1 contract

Samples: Properties, LLC Agreement of Lease

BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Tenant will be ipso facto in default under this Lease, without the necessity of demand or putting in default, if: (i) Tenant fails to pay the Rent or any other sum payable charges or fees arising under this Lease or any addendum promptly as stipulated; (ii) voluntary or involuntary bankruptcy proceedings are commenced by or against Tenant; (iii) Tenant included any false information in Tenant’s rental applicationhis/her/their Rental Application; (iv) Tenant discontinues the use of the Premises Dwelling for the purposes for which it was rented; (v) Tenant or any of Tenant’s 's guests or invitees fails to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other residents in the ComplexNeighborhood, such as being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, or engaging in any unlawful or immoral activities, and such activity or disturbance continues or occurs again after Landlord has given written notice to TenantTenant (such notice may be posted on the door of the Dwelling); (vi) Tenant is a convicted sex offender; (vii) Tenant is arrested for any criminal offense involving actual or potential harm to a person, or involving possession, manufacture, or delivery of a controlled substance or illegal drugs; (viii) any illegal drugs are found in the PremisesDwelling; (ix) Tenant breaches any other term or covenant of this Lease or any addendum to this Lease; (x) Tenant participates in violent action that causes danger or damage to persons or property while on the premises; or (xxi) Tenant abandons or vacates (as determined pursuant to X.X.Xx. 441.065) the Premises Dwelling prior to the expiration of the Term. Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default by Tenant under this Lease and Landlord will have the right to exercise any rights and remedies afforded to it hereunder or by Prevailing Law. Landlord, to the fullest extent permitted by Prevailing Law, may terminate Tenant's right of occupancy by giving Tenant a 24 hour written notice to vacate. Tenant shall be liable for all costs, fees and damages incurred by Landlord, and such actions shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. It is intended that Landlord's remedies shall be as broad as permitted under Missouri law and shall include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Dwelling or Neighborhood; (b) the right to accelerate the then entire unpaid balance of the Rent for the Term then remaining, or, the right to stand by and collect rental payments as they become due; (c) the right to terminate Tenant's right to occupy the Leased Premises to the fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Dwelling or Neighborhood, and third, to the Tenant's rental obligations hereunder, with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord's right to avail itself of any remedy allowed by Prevailing Law. Following a default hereunder, in addition to any other remedies, the Landlord is entitled to employ an attorney at law to enforce Landlord's rights hereunder, and all fees and costs including without limitation court costs and attorneys' fees connected therewith shall be paid by Tenant. Any rentals or damages which remain unpaid after default shall bear interest at the rate equal to the lesser of fifteen percent (15%) per annum compounded quarterly, or the highest rate allowable under Missouri law. Tenant will also be liable to Landlord for a releasing charge of 85% of the highest monthly rent during the Lease Contract term if:

Appears in 1 contract

Samples: Aspen Heights Columbia Missouri Lease Agreement

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