Common use of DEFAULT BY RESIDENT Clause in Contracts

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment.

Appears in 4 contracts

Samples: Lease Contract, Lease Contract, Lease Contract

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DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. Resident and Resident’s Guarantor(s) remain fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon one (1) day’s written notice to vacate and regaining possession of the Premises and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract shall continue to be charged monthly to Resident until the Premises are relet (subject to Owner’s reasonable duty to mitigate); and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

Appears in 4 contracts

Samples: Lease Contract, Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. Resident and Resident’s Guarantor(s) remain fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon one (1) day’s written notice to vacate and regaining possession of the Premises and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall be accelerated automatically without notice and shall be immediately due and delinquent; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

Appears in 3 contracts

Samples: Lease Contract, Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. In the event of non-payment of Rent, Owner may give a 5-day or a 10-day written notice to vacate. In the event of any other type of default, Owner may give ten days’ written notice to vacate. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. If Owner terminates this Lease Contract, Resident shall surrender possession of the Premises to Owner upon the date specified in such termination notice. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises or terminating the Lease Contract, at Owner’s sole discretion, and regaining possession of the Premises in the manner provided by applicable law. Owner shall have the right to remove personal property remaining in the Premises deemed abandoned by complying with applicable law regarding seizure of personal property. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for, to the fullest extent allowed by applicable law, and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall be accelerated automatically without notice and shall be immediately due and delinquent; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, including eviction costs incurred, as Additional Rent.

Appears in 3 contracts

Samples: Lease Contract, Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a weapon prohibited by state law, discharges a firearm in the Community whether or not such discharge is an accident, displays or possesses a gun, knife (of certain dimension)knife, or other weapon (or uses an ordinary object as in the Community in a weapon)way that may alarm others. TO THE GREATEST EXTENT AUTHORIZED BY OHIO LAW, including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. If Resident is in default, Owner’s rights shall include, but shall not be limited to: terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon three (3) days’ written notice to vacate and regain possession of the Premises and the Unit in the manner provided by applicable law, unless the default is a failure to maintain the Premises as required by Ohio Code Section 5321.05, in which case the Lease Contract will terminate upon thirty (30) days’ written notice. It is understood that in the event Owner does not guarantee terminates a firearms-free environmentRoommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises. It is expressly understood and agreed that the Resident shall be and remain liable for any deficiency in Rent until the Term of this Lease Contract expires or until such time as, in the interim, the Premises and the Unit are leased by another acceptable resident. Rent through the remainder of the Term of this Lease Contract may be accelerated automatically without notice and shall be immediately due and delinquent. The Resident shall also be and remain liable for any expense incidental to reletting, cleaning costs beyond ordinary wear and tear, trash removal, painting costs, utilities, or any other damages and costs which Owner has sustained by virtue of the Resident’s use and occupancy of the Premises or default under this Lease Contract. In addition to any other events of default, should it be discovered that the Resident or anyone residing in the Premises with the Resident has been convicted of or plead guilty to a sexually oriented offense, the Owner may evict Resident.

Appears in 2 contracts

Samples: Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. Resident and Resident’s Guarantor(s) remain fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon one (1) day’s written notice to vacate and regain possession of the Premises and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall be accelerated automatically without notice and shall be immediately due and delinquent; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

Appears in 2 contracts

Samples: Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests guests, if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment.. If Resident is in default, Owner may, at its option, terminate Resident’s right of possession and/or this Lease Contract by providing written notice to Resident. If Resident’s default is other than a failure to pay Rent, such notice from Owner shall specify the acts and omissions constituting the default and, if the default is remediable by repairs or payment of damages, Resident may remedy the default within 14 days and this Lease Contract shall not terminate. If the breach is a repeat offense of an earlier violation occurring within six (6) months, Owner may provide notice to Resident that this Lease Contract will terminate in seven (7) days, and Resident does not have the opportunity to cure. TENANT WAIVES NOTICE FOR BREACH OF NON-PAYMENT OF RENT AS PROVIDED FOR IN T.C.A.00-00-000. In the case of nonpayment of Rent by Resident, the Owner may, after the expiration of the five-day grace period, terminate this Lease Contract upon twenty-four hours’ written notice. If Resident willfully or intentionally commits a violent act; behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other residents or persons on the Premises, or creates a hazardous and unsanitary condition on the property that affects the health, safety or welfare or the life or property of other residents or persons on the Premises, Owner may terminate this Lease Contract within 3 days from the date written notice is delivered to Resident. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident, in addition to any legal or eviction costs incurred, as Additional Rent. Moreover, in the event of Resident’s default, Resident shall be liable for, to the fullest extent allowed by applicable law, and shall pay:

Appears in 2 contracts

Samples: Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. EXCEPT AS AUTHORIZED BY KENTUCKY CONCEALED WEAPONS OR OTHER LAW, WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment.

Appears in 2 contracts

Samples: Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests guests, if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. Lease Contract Termination for Nonpayment of Rent: If Resident’s default is for nonpayment of rent, Owner may deliver to Resident a 5 days’ written notice of Lease Contract Termination.

Appears in 2 contracts

Samples: Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests guests, if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate Resident’s right of possession and/or this Lease Contract by providing written notice to Resident. If Resident’s default is other than a failure to pay Rent, such notice from Owner shall specify the acts and omissions constituting the default and, if the default is remediable by repairs or payment of damages, Resident may remedy the default within 14 days and this Lease Contract shall not terminate. If the breach is a repeat offense of an earlier violation occurring within six (6) months, Owner may provide notice to Resident that this Lease Contract will terminate in seven (7) days, and Resident does not have the opportunity to cure. TENANT WAIVES NOTICE FOR BREACH OF NON-PAYMENT OF RENT AS PROVIDED FOR IN T.C.A.00-00-000. In the case of nonpayment of Rent by Resident, the Owner may, after the expiration of the five-day grace period, terminate this Lease Contract upon twenty-four hours’ written notice. If Resident willfully or intentionally commits a violent act; behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other residents or persons on the Premises, or creates a hazardous and unsanitary condition on the property that affects the health, safety or welfare or the life or property of other residents or persons on the Premises, Owner may terminate this Lease Contract within 3 days from the date written notice is delivered to Resident. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident, in addition to any legal or eviction costs incurred, as Additional Rent. Moreover, in the event of Resident’s default, Resident shall be liable for, to the fullest extent allowed by applicable law, and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract shall be accelerated automatically without notice and shall be immediately due and delinquent; and (iii) any other sums that may be due pursuant to this Lease Contract or applicable law. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee and late charges are liquidated amounts covering only Owner’s damages associated with Owner’s time, effort and expense in finding and processing another resident to occupy the Unit and Premises. Such damages are uncertain and difficult to ascertain. You will be liable for a Reletting Fee equal to 85% of the highest monthly rent during the Lease Term if you (1) fail to move in or (2) move out without prior written approval, or (3) are judicially evicted. You agree that the Reletting Fee is a reasonable estimate of such damages and that the fee is due whether or not Owner’s reletting attempts succeed. The Reletting Fee does not release you from continued liability for future or past-due rent, charges, fees or other sums due under this Lease Contract. The Reletting Fee is separate and distinct from the Assignment Fee. The Reletting Fee applies if and/or when Owner finds a suitable replacement resident, whereas the Assignment Fee applies when Resident finds a suitable replacement resident approved by Owner. Notwithstanding the commencement of a judicial eviction or dispossessory proceeding and the issuance and execution of a writ of possession on account of any default by Resident, Resident shall remain liable to Owner for all Rent Installment(s) and Additional Rent accrued through the date on which possession is obtained by Owner, and Resident shall continue to be liable for all Rent Installment(s) and Additional Rent accruing thereafter until the earlier of the expiration of the Term of this Lease Contract or the re-rental of the Exclusive Bed Space. It is intended that Owner’s remedies for a default hereunder shall be as broad as permitted under applicable laws. The exercise of any one remedy shall not be deemed exclusive of the right to collect Rent, or of Owner’s right to avail itself of any remedy allowed by law. In the event the Rules and Regulations now or hereafter enacted prescribe warnings and/or charges for certain actions of Resident which may constitute violations of this Lease Contract, Owner may elect, in its sole discretion, to enforce the default and/or termination provisions contained herein or to enforce the provisions of the Rules and Regulations. Resident shall be responsible for all reasonable legal fees and cost connected therewith to the extent allowed by applicable law. Resident must pay all collection agency fees if Resident fails to pay all Rent due within 10 days after Owner sends a letter demanding payment and stating that collection agency fees will be added if Resident does not pay all Rent by that deadline. Owner may report unpaid Rent or other charges to the applicable credit reporting agencies for recordation in Resident’s and Guarantor’s credit record.

Appears in 2 contracts

Samples: Lease Contract, Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a weapon prohibited by state law, discharges a firearm in the Community whether or not such discharge is an accident, displays or possesses a gun, knife (of certain dimension)knife, or other weapon (or uses an ordinary object as in the Community in a weapon)way that may alarm others. TO THE GREATEST EXTENT AUTHORIZED BY OHIO LAW, including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY. If Resident is in default, INCLUDING YOUR UNITOwner’s rights shall include, but shall not be limited to: terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon three (3) days’ written notice to vacate and regain possession of the Premises and the Unit in the manner provided by applicable law, unless the default is a failure to maintain the Premises as required by Ohio Code Section 5321.05, in which case the Lease Contract will terminate upon thirty (30) days’ written notice. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises. It is expressly understood and agreed that the Resident shall be and remain liable for any deficiency in Rent until the Term of this Lease Contract expires or until such time as, in the interim, the Premises and the Unit are leased by another acceptable resident. Rent through the remainder of the Term of this Lease Contract may be accelerated automatically without notice and shall be immediately due and delinquent. The Resident shall also be and remain liable for any expense incidental to reletting, cleaning costs beyond ordinary wear and tear, trash removal, painting costs, utilities, or any other damages and costs which Owner has sustained by virtue of the Resident’s use and occupancy of the Premises or default under this Lease Contract. In addition to any other events of default, should it be discovered that the Resident or anyone residing in the Premises with the Resident has been convicted of or plead guilty to a sexually oriented offense, the Owner may evict Resident. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee and late charges are liquidated amounts covering only Owner’s damages associated with Owner’s time, effort and expense in finding and processing another resident to occupy the Unit and Premises. Such damages are uncertain and difficult to ascertain. You will be liable for a Reletting Fee equal to 85% of the highest monthly rent during the Lease Term if you (1) fail to move in or (2) move out without prior written approval, or (3) are judicially evicted. You agree that the Reletting Fee is a reasonable estimate of such damages and that the fee is due whether or not Owner’s reletting attempts succeed. The Reletting Fee does not release you from continued liability for future or past-due rent, charges, fees or other sums due under this Lease Contract. The Reletting Fee is separate and distinct from the Assignment Fee. The Reletting Fee applies if and/or when Owner finds a suitable replacement resident, whereas the Assignment Fee applies when Resident finds a suitable replacement resident approved by Owner. The exercise of any one remedy shall not be deemed exclusive of the right to collect Rent, or of Owner’s right to avail itself of any remedy allowed by law. In the event the Rules and Regulations now or hereafter enacted prescribe warnings and/or charges for certain actions of Resident which may constitute violations of this Lease Contract, Owner may elect, in its sole discretion, to enforce the default and/or termination provisions contained herein or to enforce the provisions of the Rules and Regulations. Resident shall be responsible for all reasonable legal fees and cost connected therewith to the extent allowed by applicable law. Resident must pay all collection agency fees if Resident fails to pay all Rent due within 10 days after Owner sends a letter demanding payment and stating that collection agency fees will be added if Resident does not pay all Rent by that deadline. Owner does not guarantee a firearms-free environmentmay report unpaid Rent or other charges to the applicable credit reporting agencies for recordation in Resident’s and Guarantor’s credit record.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests guests, if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by providing written notice to Resident. In the case of nonpayment of Rent by Resident, the Owner may terminate the Lease Contract seven (7) days after Resident’s receipt of the notice if not remedied, provided that such notice will specify the amount of rent and late fees owed to remedy the default. If Resident’s default is other than a failure to pay Rent, such notice from Owner shall specify the acts and omissions constituting the default and, if the default is remediable by repairs or payment of damages, the notice will specify that the Lease Contract will terminate 7 days after Resident's receipt of the notice, provided that Resident may remedy the default within the 7-day period and the Lease Contract shall, upon timely remedy of the default, not terminate. Resident may not remedy the same breach more than four times in any 12-month period except by express written consent of Owner. Any possession or use of illegal drugs at the Community (including the Unit), discharge of a firearm at the Community (except as authorized by applicable law), or criminal assault of another resident or guest at the Community (except as authorized by applicable law, may not be remedied or cured. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for, to the fullest extent allowed by applicable law, and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract will continue to be charged to Resident’s account monthly (subject to the duty to mitigate) ; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee and late charges are liquidated amounts covering only Owner’s damages associated with Owner’s time, effort and expense in finding and processing another resident to occupy the Unit and Premises. Such damages are uncertain and difficult to ascertain. You will be liable for a Reletting Fee equal to 85% of the highest monthly rent during the Lease Term if you (1) fail to move in or (2) move out without prior written approval, or (3) are judicially evicted. You agree that the Reletting Fee is a reasonable estimate of such damages and that the fee is due whether or not Owner’s reletting attempts succeed. The Reletting Fee does not release you from continued liability for future or past-due rent, charges, fees or other sums due under this Lease Contract. The Reletting Fee is separate and distinct from the Assignment Fee. The Reletting Fee applies if and/or when Owner finds a suitable replacement resident, whereas the Assignment Fee applies when Resident finds a suitable replacement resident approved by Owner. Notwithstanding the commencement of a judicial eviction or dispossessory proceeding and the issuance and execution of a writ of possession on account of any default by Resident, Resident shall remain liable to Owner for all Rent Installment(s) and Additional Rent accrued through the date on which possession is obtained by Owner, and Resident shall continue to be liable for all Rent Installment(s) and Additional Rent accruing thereafter until the earlier of the expiration of the Term of the Lease Contract or the re-rental of the Exclusive Bed Space. It is intended that Owner’s remedies for a default hereunder shall be as broad as permitted under applicable laws. The exercise of any one remedy shall not be deemed exclusive of the right to collect Rent, or of Owner’s right to avail itself of any remedy allowed by law. In the event the Rules and Regulations now or hereafter enacted prescribe warnings and/or charges for certain actions of Resident which may constitute violations of this Lease Contract, Owner may elect, in its sole discretion, to enforce the default and/or termination provisions contained herein or to enforce the provisions of the Rules and Regulations. Resident shall be responsible for all reasonable legal fees and cost connected therewith to the extent allowed by applicable law. Resident must pay all collection agency fees if Resident fails to pay all Rent due within 10 days after Owner sends a letter demanding payment and stating that collection agency fees will be added if Resident does not pay all Rent by that deadline. Owner may report unpaid Rent or other charges to the applicable credit reporting agencies for recordation in Resident’s and Guarantor’s credit record.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests guests, if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules rules and Regulations regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment rent installment or Additional Rentadditional rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application lease contract application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contractlease contract, Rules rules and Regulationsregulations, or fire, safety, health, health or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, convicted or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, discharges or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment.

Appears in 1 contract

Samples: Lease Agreement

DEFAULT BY RESIDENT. Resident (and Resident’s guests guests, if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident unlawfully displays, discharges, or possesses a gun, knife (of certain dimension)knife, or other weapon in violation of Minnesota law (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, knives of certain dimensions, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITYCommented [j2]: No NTV timeframe identified in statute or NAA lease. If Resident is in default, INCLUDING YOUR UNITOwner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon one (1) day’s written notice to vacate and regain possession of the Premises and the Unit in the manner provided by applicable law. Owner does not guarantee may also exercise those options pursuant to the Remedies section noted earlier in this Lease Contract. It is understood that in the event Owner terminates a firearms-free environmentRoommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident, in addition to legal and eviction costs incurred, as Additional Rent. If Owner terminates this Lease Contract, Resident shall surrender possession of the Premises to Owner upon the date specified in such termination notice, and Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall be accelerated automatically without notice and shall be immediately due and delinquent; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests guests, if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, including but not limited to, to those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident defaults, Owner may end Resident’s right of occupancy by giving Resident a written notice of Resident’s default and a period of five (5) days to cure Resident’s default (Saturdays, Sundays, and legal holidays are excluded from the computation of 5 days). If the default is a rules violation, Resident will be given seven (7) days to cure (in the event the final day is a Saturday, Sunday, or legal holiday, the end of the period will be the next business day). If Resident fails to cure Resident’s default within the applicable time period, Owner may terminate this Lease Contract and proceed to recover possession of the Premises. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. If Owner terminates this Lease Contract, Resident shall surrender possession of the Premises to Owner upon the date specified in such termination notice. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit: (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which will be charged monthly to Resident during the remainder of the Lease Term (subject to Owner’s duty to mitigate); and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent. In the event Resident wrongfully quits the Unit and unequivocally indicates an intention not to resume the tenancy, Resident shall be liable pursuant to Del. Code § 5507(d).

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. Resident and Resident’s Guarantor(s) remain fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon one (1) day’s written notice to vacate and regaining possession of the Premises and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall be accelerated automatically without notice and shall be immediately due and delinquent; and (iii) any other sums that may 9 of 00 0000-0000 Resident Initials Formatted: Font: Calibri, 10 pt Formatted: Font: Calibri, 10 pt be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Housing Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. Resident and Resident’s Guarantor(s) remain fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. If Resident is in default, Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Contract, at Owner’s sole discretion, upon seven (7) days’ written notice to vacate in the event of non-payment of Rent, substantial damage to the Premises by Resident or Resident’s guests, or behavior by Resident which adversely affects the health or safety of other residents or Owner’s agents and employees; and thirty (30) days’ notice to vacate in the event of material noncompliance with this Contract or other good cause, and regain possession of the Premises and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which will be charged monthly; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. If Resident is in default, Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon thirty days’ written notice to vacate for material noncompliance which can be cured by repair or payment of damages and Resident remedies breach within 21 days; upon 5 days’ notice for nonpayment of Rent; and immediately for a criminal or willful act which threatens health and safety, and regain possession of the Premises and the Unit in the manner provided by applicable law. If the same or similar breach for material noncompliance occurs after the first 21-day period to cure, Owner does may provide notice to Resident that the Lease Contract will terminate in 30 days and Resident will not guarantee have the opportunity to cure. It is understood that in the event Owner terminates a firearms-free environmentRoommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. If Owner terminates this Lease Contract, Resident shall surrender possession of the Premises to Owner upon the date specified in such termination notice. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall charged to Resident’s account monthly as payments become due; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

Appears in 1 contract

Samples: Lease Contract

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DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. Criminal activity, including drug activity and drug possession, is not tolerated on the property. Residents and/or their guests who break the law and/or property rules will be prosecuted and removed from the property. Property Management will work with local authorities to identify, prosecute, and evict all residents who are involved in criminal activity on the property.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; hereunder;; (2) Resident abandons the Premises; Premises;; (3) Resident fails to perform any of his or her obligations hereunder; hereunder;; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; misleading;; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; occurs;; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); law);; (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; government;; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; nature;; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNITUNIT;; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT ANY LAWFUL RIGHTS TO CARRY A WEAPON(S) AS PROVIDED BY LOCAL OR STATE LAW. Owner does not guarantee a firearms-free firearms-­free environment. Notices of Convictions and Registration. Resident must notify Owner within 15 days if Resident or any of Resident’s occupants are arrested for or convicted of (a) any felony, or (b) any misdemeanor involving a controlled substance, violence to another person, or destruction of property. Resident must also notify Owner within 15 days if Resident or any of Resident’s occupants register as a sex offender. Informing Owner of a criminal conviction or sex offender registration does not waive any rights Owner may have against Resident.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests guests, if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law; provided, however, that nothing contained herein shall prohibit a qualifying patient from utilizing marijuana through means other than smoking as authorized by Arkansas law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT ANY LAWFUL RIGHTS TO CARRY A WEAPON(S) AS PROVIDED BY LOCAL OR STATE LAW. Owner does not guarantee a firearms-free environment. Notices of Convictions and Registration. Resident must notify Owner within 15 days if Resident or any of Resident’s occupants are arrested for or convicted of (a) any felony, or (b) any misdemeanor involving a controlled substance, violence to another person, or destruction of property. Resident must also notify Owner within 15 days if Resident or any of Resident’s occupants register as a sex offender. Informing Owner of a criminal conviction or sex offender registration does not waive any rights Owner may have against Resident. Lease Contract Termination for Nonpayment of Rent: If Resident’s default is for nonpayment of rent, Owner may deliver to Resident a 5 days’ written notice of Lease Contract Termination.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT ANY LAWFUL RIGHTS TO CARRY A WEAPON(S) AS PROVIDED BY LOCAL OR STATE LAW. Owner does not guarantee a firearms-free environment. Notices of Convictions and Registration. Resident must notify Owner within 15 days if Resident or any of Resident’s occupants are arrested for or convicted of (a) any felony, or (b) any misdemeanor involving a controlled substance, violence to another person, or destruction of property. Resident must also notify Owner within 15 days if Resident or any of Resident’s occupants register as a sex offender. Informing Owner of a criminal conviction or sex offender registration does not waive any rights Owner may have against Resident.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Housing Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by providing Resident with 15 days’ written notice to Resident, unless the default is failure to pay Rent, in which case the termination shall occur upon 5 days’ notice. Such notice shall specify the acts or omissions unless the default is failure to pay Rent. If the default is remediable by repairs or payment of damages, Resident may remedy the default within the 10-day period following the notice, and the Lease Contract shall not terminate. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. If Owner terminates this Lease Contract, Resident shall surrender possession of the Premises to Owner upon the date specified in such termination notice, and Resident shall be liable to Owner for, and shall indemnify Owner against, all loss and other expenses (for re-letting, refurbishing, cleaning or otherwise making the Premises suitable for re-letting) suffered or incurred by Owner as a result of Resident's default and termination of this Lease Contract. Notwithstanding the commencement of a judicial eviction or dispossessory proceeding and the issuance and execution of a writ of possession on account of any default by Resident, Resident shall remain liable to Owner for all Rent Installment(s) and Additional Rent, accrued through the date on which possession is obtained by Owner, and Resident shall continue to be liable for all Rent Installment(s) and Additional Rent accruing thereafter until the earlier of the expiration of the Term of the Lease Contract or the re-rental of the Exclusive Bed Space, a Reletting Fee, in addition to legal and eviction costs incurred, as Additional Rent. It is intended that Owner’s remedies for a default hereunder shall be as broad as permitted under applicable laws and shall include, without limitation, (a) the right to cancel this Lease Contract, reserving the right to collect any unpaid Rent; or (b) the right to rent the Premises for the account of Resident, 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 Premises; and third, to Resident’s rental obligations hereunder, with Resident and Guarantor(s) remaining fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect Rent, or of Owner’s right to avail itself of any remedy allowed by law. In the event the Rules and Regulations now or hereafter enacted prescribe warnings and/or charges for certain actions of Resident which may constitute violations of this Lease Contract, Owner may elect, in its sole discretion, to enforce the default and/or termination provisions contained herein or to enforce the provisions of the Rules and Regulations. Resident shall be responsible for all reasonable legal fees and cost connected therewith to the extent allowed by applicable law. Resident must pay all collection agency fees if Resident fails to pay all Rent due within 10 days after Owner sends a letter demanding payment and stating that collection agency fees will be added if Resident does not pay all Rent by that deadline. Owner may report unpaid Rent or other charges to the applicable credit reporting agencies for recordation in Resident’s and Guarantor’s credit record. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee and late charges are liquidated amounts covering only Owner’s damages associated with Owner’s time, effort and expense in finding and processing another resident to occupy the Unit and Premises. Such damages are uncertain and difficult to ascertain. You will be liable for a Reletting Fee equal to 85% of the highest monthly rent during the Lease Term if you (1) fail to move in or (2) move out without prior written approval, or (3) are judicially evicted. You agree that the Reletting Fee is a reasonable estimate of such damages and that the fee is due whether or not Owner’s reletting attempts succeed. The Reletting Fee does not release you from continued liability for future or past-due rent, charges, fees or other sums due under this Lease Contract. The Reletting Fee is separate and distinct from the Assignment Fee. The Reletting Fee applies if and/or when Owner finds a suitable replacement resident, whereas the Assignment Fee applies when Resident finds a suitable replacement resident approved by Owner.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules rules and Regulations regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment rent installment or Additional Rentadditional rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application lease contract application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contractlease contract, Rules rules and Regulationsregulations, or fire, safety, health, health or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, convicted or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, discharges or possesses a gun, knife (of certain dimension), ) or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, shotgun or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, chucks and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment.

Appears in 1 contract

Samples: Lease Agreement

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. Resident and Resident’s Guarantor(s) remain fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon one (1) day’s written notice to vacate in the case of non-payment of rent, and upon ten (10) days’ written notice to vacate for any illegal activity or any other breach of this Lease Contract, and regaining possession of the Premises and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable, to the fullest extent allowed by applicable law, for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall be accelerated automatically without notice and shall be immediately due and delinquent; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Housing Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. Resident and Resident’s Guarantor(s) remain fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating this Lease Contract, at Owner’s sole discretion, upon thirty days’ written notice to vacate for material noncompliance which can be cured by repair or payment of damages unless Resident remedies breach within 21 days; upon five (5) days’ notice for nonpayment of Rent; and upon fourteen (14) days’ notice for a criminal or willful act which threatens health and safety; and regain possession of the Premises and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall be charged monthly; and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment.. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guest(s) will be the responsibility of Resident. If Owner elects to terminate Resident’s right to possession of the Unit, Owner shall give Resident seven (7) days’ written notice. If Resident’s default is other than a failure to pay Rent, and is of a nature that Resident may correct the noncompliance such as removing unauthorized pets, guests or vehicles, Resident may remedy the default within the 7 day period and the Lease Contract shall not terminate. (Examples of noncompliance by Resident that cannot be cured to prevent termination include, but are not limited to, destruction, damage, or misuse of Owner’s or other residents’ property or continued unreasonable disturbance). In the case of nonpayment of Rent by Resident, the Owner may terminate the Lease Contract after three (3) business days’ written notice. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event Owner retains possession through surrender, abandonment or eviction, Owner may, at its option and without notice, either (a) treat the Lease Contract as terminated and re-take possession FOR OUR OWN ACCOUNT; (b) re-take possession of the Exclusive Bed Space FOR YOUR ACCOUNT and attempt in good faith to re-let it on your behalf; or (c) take no action to obtain possession or re-let the apartment and continue to collect Rent from as it comes due. If Owner takes possession of the Exclusive Bed Space for Resident’s account and attempts to re-let it, Resident will remain liable for the difference between the Rent remaining due under the contract and the amount Owner is able to recover by making a good faith effort at re-letting the Exclusive Bed Space on Resident’s behalf. Owner may also recover court costs and attorney’s fees as allowed by law. TERMINATION FEE/ADDENDUM: Pursuant to Fla. Stat. Xxx. § 83.595, if Resident breaches this Lease Contract and Owner must expend Owner’s time, effort, and expense in finding and processing another resident to occupy the Unit and Premises, Resident may be liable for liquidated damages to Owner to cover such costs associated with Owner’s expended time, effort, and expense. Resident may be liable for either

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Housing Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT ANY LAWFUL RIGHTS TO CARRY A WEAPON(S) AS PROVIDED BY LOCAL OR STATE LAW. Owner does not guarantee a firearms-free environment. Notices of Convictions and Registration. Resident must notify Owner within 15 days if Resident or any of Resident’s occupants are arrested for or convicted of (a) any felony, or (b) any misdemeanor involving a controlled substance, violence to another person, or destruction of property. Resident must also notify Owner within 15 days if Resident or any of Resident’s occupants register as a sex offender. Informing Owner of a criminal conviction or sex offender registration does not waive any rights Owner may have against Resident.

Appears in 1 contract

Samples: Lease Contract

DEFAULT BY RESIDENT. Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in force and effect or which may be hereafter enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the PremisesPremises as defined by local ordinance; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. In the event of non-payment of Rent, Owner may give a 5-day or a 10-day written notice to vacate. In the event of any other type of default, Owner may give ten days’ written notice to vacate. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. If Owner terminates this Lease Contract, Resident shall surrender possession of the Premises to Owner upon the date specified in such termination notice. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises or terminating the Lease Contract, at Owner’s sole discretion, and regaining possession of the Premises in the manner provided by applicable law. Owner shall have the right to remove personal property remaining in the Premises deemed abandoned by complying with applicable law regarding seizure of personal property. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for, to the fullest extent allowed by applicable law, and shall pay: (i) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract, which shall be accelerated automatically without notice and shall be immediately due and delinquent; and (ii) any other sums that may be due pursuant to the Lease Contract or applicable law. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee and late charges are liquidated amounts covering only Owner’s damages associated with Owner’s time, effort and expense in finding and processing another resident to occupy the Unit and Premises. Such damages are uncertain and difficult to ascertain. You will be liable for a Reletting Fee equal to 85% of the highest monthly rent during the Lease Term if you (1) fail to move in or (2) move out without prior written approval, or (3) are judicially evicted. You agree that the Reletting Fee is a reasonable estimate of such damages and that the fee is due whether or not Owner’s reletting attempts succeed. The Reletting Fee does not release you from continued liability for future or past-due rent, charges, fees or other sums due under this Lease Contract. The Reletting Fee is separate and distinct from the Assignment Fee. The Reletting Fee applies if and/or when Owner finds a suitable replacement resident, whereas the Assignment Fee applies when Resident finds a suitable replacement resident approved by Owner. Notwithstanding the commencement of a judicial eviction or dispossessory proceeding and the issuance and execution of a writ of possession on account of any default by Resident, Resident shall remain liable to Owner for all Rent Installment(s) and Additional Rent accrued through the date on which possession is obtained by Owner, and Resident shall continue to be liable for all Rent Installment(s) and Additional Rent accruing thereafter until the earlier of the expiration of the Term of the Lease Contract or the re-rental of the Exclusive Bed Space. It is intended that Owner’s remedies for a default hereunder shall be as broad as permitted under applicable laws. The exercise of any one remedy shall not be deemed exclusive of the right to collect Rent, or of Owner’s right to avail itself of any remedy allowed by law. In the event the Rules and Regulations now or hereafter enacted prescribe warnings and/or charges for certain actions of Resident which may constitute violations of this Lease Contract, Owner may elect, in its sole discretion, to enforce the default and/or termination provisions contained herein or to enforce the provisions of the Rules and Regulations. Resident shall be responsible for all reasonable legal fees and cost connected therewith to the extent allowed by applicable law. Resident must pay all collection agency fees if Resident fails to pay all Rent due within 10 days after Owner sends a letter demanding payment and stating that collection agency fees will be added if Resident does not pay all Rent by that deadline. Owner may report unpaid Rent or other charges to the applicable credit reporting agencies for recordation in Resident’s and Guarantor’s credit record. All unpaid amounts will bear interest at the current rate set by Illinois law from the date originally due through the date of payment.

Appears in 1 contract

Samples: Lease Contract

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