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 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 his/her/their Rental Application; (iv) Tenant discontinues the use of the 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 Apartments, 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 (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 Apartment Unit; (ix) Tenant breaches any other 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 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.
Appears in 2 contracts
Samples: Lease Agreement, 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 charges or fees arising 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 his/her/their Rental ApplicationTenant’s rental application; (iv) Tenant discontinues the use of the Apartment Unit Premises 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 ApartmentsComplex, 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 (such notice may be posted on the door of the Apartment Unit or apartment)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 Apartment UnitPremises; (ix) Tenant breaches any other term, condition, term 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 Apartment Unit Premises 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.
Appears in 2 contracts
Samples: Rental Agreement, Rental 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 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 his/her/their his or her Rental Application; (iv) Tenant discontinues the use of the Apartment Unit Dwelling 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 ApartmentsNeighborhood, 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 (such notice may be posted on the door of the Apartment Unit Dwelling or apartmentsent 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 Apartment UnitDwelling or any illegal activity is conducted in the Dwelling or within the Neighborhood; (ix) Tenant breaches any other term, condition, 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 by Landlord, in its sole and absolute discretionpursuant to X.X.Xx. 441.065) or vacates the Apartment Unit 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. If Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default occurs, by Tenant under this Lease and Landlord may, in its sole will have the right to exercise any rights and absolute discretion and without notice remedies afforded to Tenant of any kind, (i) terminate the Lease it hereunder or (ii) by Prevailing Law. Landlord may terminate Tenant's right to possess of occupancy at 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 earliest opportunity permitted under Prevailing Law. In the event of such re-entry Tenant shall be liable for all costs, fees and repossession damages incurred by Landlord, and such re-entry and repossession 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. Whether 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 not Landlord chooses Neighborhood; (b) the right to terminate accelerate the Lease or 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 possess occupy the Apartment Unit without terminating Leased Premises to the Lease, Tenant shall always remain liable fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for all rents and damages that shall accrue throughout the remaining term 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:
(1) Tenant fails to move in, or fails to give written move out notice as required in this Lease, regardless ; or
(2) Tenant moves out without paying rent in full for the entire Lease Term or renewal period; or
(3) Tenant moves out at Landlord’s demand because of whether Tenant default or not is locked out; or
(4) Tenant is in possession of the Apartment Unitjudicially evicted. releasing attempts succeed. The releasing charge does not relieve Tenant from continued liability for future or past due rent; charges for cleaning, repairing, repainting, or unreturned Issued Items, or other sums due.
Appears in 1 contract
Samples: 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 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 his/her/their Rental Application; (iv) Tenant discontinues the use of the Apartment Unit Dwelling 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 ApartmentsNeighborhood, 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 (such notice may be posted on the door of the Apartment Unit or apartmentDwelling); (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 Apartment UnitDwelling; (ix) Tenant breaches any other term, condition, 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 on the premises; or (xi) Tenant abandons (as determined by Landlord, in its sole and absolute discretion) or vacates the Apartment Unit Dwelling prior to the expiration of the Term. If Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default occurs, by Tenant under this Lease and Landlord may, in its sole and absolute discretion and without notice to Tenant of any kind, (i) terminate will have the Lease or (ii) terminate Tenant's right to possess the Apartment Unit without terminating the Lease exercise any rights and peacefully re-enter and repossess the Apartment Unit, and remove and put out Tenant and Tenant's personal property in the manner allowed remedies afforded to it hereunder or by Prevailing Law. In the event of such re-entry Tenant shall be liable for all costs, fees and repossession damages incurred by Landlord, and such re-entry and repossession 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. Whether 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 not Landlord chooses Neighborhood; (b) the right to terminate accelerate the Lease or 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 possess occupy the Apartment Unit without terminating Leased Premises to the Lease, Tenant shall always remain liable fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for all rents and damages that shall accrue throughout the remaining term 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:
1. Tenant fails to move in, or fails to give written move out notice as required in this Lease, regardless ; or
2. Tenant moves out without paying rent in full for the entire Lease Contract term or renewal period; or
3. Tenant moves out at our demand because of whether Tenant default or not is locked out for failing to pay rent; or
4. Tenant is in possession of the Apartment Unitjudicially evicted.
Appears in 1 contract
Samples: 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 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 his/her/their his or her Rental Application; (iv) Tenant discontinues the use of the Apartment Unit Dwelling 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 ApartmentsNeighborhood, 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 (such notice may be posted on the door of the Apartment Unit Dwelling or apartmentsent 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 Apartment UnitDwelling or any illegal activity is conducted in the Dwelling or within the Neighborhood; (ix) Tenant breaches any other term, condition, 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 by Landlord, in its sole and absolute discretionpursuant to X.X.Xx. 441.065) or vacates the Apartment Unit 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. If Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default occurs, by Tenant under this Lease and Landlord may, in its sole will have the right to exercise any rights and absolute discretion and without notice remedies afforded to Tenant of any kind, (i) terminate the Lease it hereunder or (ii) by Prevailing Law. Landlord may terminate Tenant's right to possess of occupancy at 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 earliest opportunity permitted under Prevailing Law. In the event of such re-entry Tenant shall be liable for all costs, fees and repossession damages incurred by Landlord, and such re-entry and repossession 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. Whether 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 not Landlord chooses Neighborhood; (b) the right to terminate accelerate the Lease or 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 possess occupy the Apartment Unit without terminating Leased Premises to the Lease, Tenant shall always remain liable fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for all rents and damages that shall accrue throughout the remaining term 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:
(1) Tenant fails to move in, or fails to give written move out notice as required in this Lease, regardless ; or
(2) Tenant moves out without paying rent in full for the entire Lease Term or renewal period; or
(3) Tenant moves out at Landlord’s demand because of whether Tenant default or not is locked out; or
(4) Tenant is in possession of the Apartment Unitjudicially evicted.
Appears in 1 contract
Samples: 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 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 his/her/their Rental Application; (iv) Tenant discontinues the use of the Apartment Unit Dwelling 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 ApartmentsNeighborhood, 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 (such notice may be posted on the door of the Apartment Unit or apartmentDwelling); (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 Apartment UnitDwelling; (ix) Tenant breaches any other term, condition, 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 on the premises; or (xi) Tenant abandons (as determined by Landlord, in its sole and absolute discretion) or vacates the Apartment Unit Dwelling prior to the expiration of the Term. If Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default occurs, by Tenant under this Lease and Landlord may, in its sole and absolute discretion and without notice to Tenant of any kind, (i) terminate will have the Lease or (ii) terminate Tenant's right to possess the Apartment Unit without terminating the Lease exercise any rights and peacefully re-enter and repossess the Apartment Unit, and remove and put out Tenant and Tenant's personal property in the manner allowed remedies afforded to it hereunder or by Prevailing Law. In 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 re-entry and repossession by Landlord, such re-entry and repossession 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. Whether 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 not Landlord chooses Neighborhood; (b) the right to terminate the Lease or terminate Tenant's right to possess occupy the Apartment Unit without terminating Leased Premises; or (c) the Lease, Tenant shall always remain liable right to sublease and rent the Leased Premises for all rents and damages that shall accrue throughout the remaining term 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:
(1) Tenant fails to move in, or fails to give written move-out notice as required in this Lease, regardless ; or
(2) Tenant moves out without paying rent in full for the entire Lease term or renewal period; or
(3) Tenant moves out at Landlord’s demand because of whether or not Tenant default; or
(4) Tenant is in possession of the Apartment Unitjudicially evicted.
Appears in 1 contract
Samples: 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 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 his/her/their Rental Application; (iv) Tenant discontinues the use of the Apartment Unit Dwelling 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 ApartmentsNeighborhood, 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 (such notice may be posted on the door of the Apartment Unit or apartmentDwelling); (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 Apartment UnitDwelling; (ix) Tenant breaches any other term, condition, 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 on the premises; or (xi) Tenant abandons or vacates (as determined by Landlord, in its sole and absolute discretionpursuant to X.X.Xx. 441.065) or vacates the Apartment Unit Dwelling prior to the expiration of the Term. If Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default occursby 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, Landlord mayto the fullest extent permitted by Prevailing Law, in its sole and absolute discretion and without notice to Tenant of any kind, (i) terminate the Lease or (ii) may terminate Tenant's right of occupancy by giving Tenant a 24 hour written notice to possess the Apartment Unit without terminating the Lease vacate. Tenant shall be liable for all costs, fees 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 damages incurred by Landlord, and such re-entry and repossession 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. Whether 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 not Landlord chooses Neighborhood; (b) the right to terminate accelerate the Lease or 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 possess occupy the Apartment Unit without terminating Leased Premises to the Lease, Tenant shall always remain liable fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for all rents and damages that shall accrue throughout the remaining term 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:
(1) Tenant fails to move in, or fails to give written move out notice as required in this Lease, regardless ; or
(2) Tenant moves out without paying rent in full for the entire Lease Contract term or renewal period; or
(3) Tenant moves out at our demand because of whether Tenant default or not is locked out; or
(4) Tenant is in possession of the Apartment Unitjudicially evicted.
Appears in 1 contract
Samples: 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 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 his/her/their Rental Application; (iv) Tenant discontinues the use of the 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 Apartments, 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 (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 Apartment Unit; (ix) Tenant breaches any other 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 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 ’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 ’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 ’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: 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 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 his/her/their Rental Application; (iv) Tenant discontinues the use of the Apartment Unit Dwelling 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 ApartmentsNeighborhood, 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 (such notice may be posted on the door of the Apartment Unit or apartmentDwelling); (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 Apartment UnitDwelling or any illegal activity is conducted in the Dwelling or within the Neighborhood; (ix) Tenant breaches any other term, condition, 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 (as determined by Landlord, in its sole and absolute discretion) or vacates the Apartment Unit 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. If Tenant understands and agrees that non-performance or breach of any of the Rules and Regulations will constitute a default occurs, by Tenant under this Lease and Landlord may, in its sole will have the right to exercise any rights and absolute discretion and without notice remedies afforded to Tenant of any kind, (i) terminate the Lease it hereunder or (ii) by Prevailing Law. Landlord may terminate Tenant's right to possess of occupancy at 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 earliest opportunity permitted under Prevailing Law. In the event of such re-entry Tenant shall be liable for all costs, fees and repossession damages incurred by Landlord, and such re-entry and repossession 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. Whether 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 not Landlord chooses Neighborhood; (b) the right to terminate accelerate the Lease or 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 possess occupy the Apartment Unit without terminating Leased Premises to the Lease, Tenant shall always remain liable fullest extent permitted by Prevailing Law; or (d) the right to sublease and rent the Leased Premises for all rents and damages that shall accrue throughout the remaining term 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:
(1) Tenant fails to move in, or fails to give written move out notice as required in this Lease, regardless ; or
(2) Tenant moves out without paying rent in full for the entire Lease Term or renewal period; or
(3) Tenant moves out at Landlord’s demand because of whether Tenant default or not is locked out; or
(4) Tenant is in possession of the Apartment Unitjudicially evicted. releasing attempts succeed. The releasing charge does not relieve Tenant from continued liability for future or past due rent; charges for cleaning, repairing, repainting, or unreturned Issued Items, or other sums due.
Appears in 1 contract
Samples: Lease Agreement
