Common use of DEFAULT BY RESIDENT Clause in Contracts

DEFAULT BY RESIDENT. In the event of default by Resident, Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises or terminating the Lease, at Owner’s sole discretion, upon three (3) day’s written notice to vacate and regain possession of the Premises or in the manner provided by applicable law. It is understood that in the event Owner terminates a Resident’s right to occupy the Premises, it shall be a default under the Lease by Resident for such Resident to occupy the Premises. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a Reletting Fee, as provided herein this Addendum, to offset the costs of reletting the Premises; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of the Lease, 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 or applicable law. Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee is a liquidated amount covering only Owner’s damages associated with Owner’s time, effort, and expense in finding and processing another resident to occupy the Premises. Such damages are uncertain and difficult to ascertain. In addition to events of default in the Lease, the following events shall be deemed to be Events of Default by Tenant under the Lease (collectively, “Events of Default”): criminal conduct, regardless of whether or where arrest or conviction occurs, including but not limited to: manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by law; discharging a firearm in the Premises or apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others.

Appears in 11 contracts

Samples: Community Addendum, Community Addendum, Community Addendum

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DEFAULT BY RESIDENT. In the event of default by Resident, Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises or terminating the Lease, at Owner’s sole discretion, upon three five (35) day’s written notice to vacate and regain possession of the Premises or in the manner provided by applicable law. It is understood that in the event Owner terminates a Resident’s right to occupy the Premises, it shall be a default under the Lease by Resident for such Resident to occupy the Premises. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a Reletting Fee, as provided herein this Addendum, to offset the costs of reletting the Premises; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of the Lease, 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 or applicable law. Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee is a liquidated amount covering only Owner’s damages associated with Owner’s time, effort, and expense in finding and processing another resident to occupy the Premises. Such damages are uncertain and difficult to ascertain. In addition to events of default in the Lease, the following events shall be deemed to be Events of Default by Tenant under the Lease (collectively, “Events of Default”): criminal conduct, regardless of whether or where arrest or conviction occurs, including but not limited to: manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by law; discharging a firearm in the Premises or apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others.

Appears in 5 contracts

Samples: Community Addendum, Community Addendum, Community Addendum

DEFAULT BY RESIDENT. In 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 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 event Premises; (3) Resident fails to perform any of default by 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 LeaseLease Contract, at Owner’s sole discretion, upon three one (31) day’s written notice to vacate and regain regaining possession of the Premises or and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a ResidentRoommate’s right to occupy the PremisesPremises and Unit, it shall be a default under the this Lease Contract by Resident for such Resident Roommate to occupy the PremisesPremises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a Reletting Fee, as provided herein this Addendum, reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the PremisesPremises 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 Lease, which shall be accelerated automatically without notice and shall be immediately due and delinquentPremises 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. Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee is a liquidated amount covering only Owner’s damages associated with Owner’s time, effort, and expense in finding and processing another resident to occupy the Premises. Such damages are uncertain and difficult to ascertain. In addition to events of default in the Leaselegal and eviction costs incurred, the following events shall be deemed to be Events of Default by Tenant under the Lease (collectively, “Events of Default”): criminal conduct, regardless of whether or where arrest or conviction occurs, including but not limited to: manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by law; discharging a firearm in the Premises or apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm othersas Additional Rent.

Appears in 4 contracts

Samples: Lease Contract, Lease Contract, Lease Contract

DEFAULT BY RESIDENT. In the event of default by Resident, Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises or terminating the Lease, at Owner’s sole discretion, upon three (3) day’s written notice to vacate and regain possession of the Premises or in the manner provided by applicable law. It is understood that in the event Owner terminates a Resident’s right to occupy the Premises, it shall be a default under the Lease by Resident for such Resident to occupy the Premises. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a Reletting Fee, as provided herein this Addendum, reletting fee equal to eighty-five percent (85%) of the highest one month’s Rent to offset the costs of reletting the Premises; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of the Lease, 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 or applicable law. Resident acknowledges that the Reletting Fee reletting fee is not a cancellation fee or a buyout fee. The Reletting Fee reletting fee is a liquidated amount covering only Owner’s damages associated with Owner’s time, effort, and expense in finding and processing another resident to occupy the Premises. Such damages are uncertain and difficult to ascertain. In addition to events of default in the Lease, the following events shall be deemed to be Events of Default by Tenant under the Lease (collectively, “Events of Default”): criminal conduct, regardless of whether or where arrest or conviction occurs, including but not limited to: manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by law; discharging a firearm in the Premises or apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others.

Appears in 1 contract

Samples: Community Addendum

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DEFAULT BY RESIDENT. In addition to the event defaults listed in the Lease, if you or any occupant, on one or more occasions, uses or permits the use of default by Residentthe Premises for the commission of a felony or Class A misdemeanor under the laws of the State of Illinois, Owner shall have the right to terminate the Lease and/or recover the Premises. Owner’s rights upon Resident’s default shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises Premises, or terminating the Lease, at Owner’s sole discretion, upon three (3) day’s written notice to vacate and regain possession of the Premises or in the manner provided by applicable law. If Resident’s default involves the failure to pay Rent, Owner may terminate Resident’s right of possession upon five (5) days’ written notice; for all other defaults, Owner may terminate Resident’s right of possession upon ten (10) days’ written notice. 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 ResidentRoommate’s right to occupy the PremisesPremises and Unit, it shall be a default under the this Lease by Resident for such Resident Roommate to occupy the PremisesPremises and Unit. In addition, in the event of Resident’s default, Resident shall be liable liable, to the fullest extent allowed by applicable law, for and shall pay: (i) a Reletting Feeall monthly Rent from the date of termination through the date Owner is able to relet the Premises or, as provided herein this Addendum, if Owner is unable to offset the costs of reletting relet the Premises; (ii) , all monthly Rent and other charges which are payable during the remainder of the Term term of this Lease; (ii) all reasonable advertising expenses and reasonable redecoration costs incurred by Owner in its attempt to relet the Lease, which shall be accelerated automatically without notice and shall be immediately due and delinquentPremises; and (iii) any other sums that may be due pursuant to the Lease or applicable law. Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee. The Reletting Fee is a liquidated amount covering only Owner’s damages associated with Owner’s time, effort, and expense in finding and processing another resident to occupy the Premises. Such damages are uncertain and difficult to ascertain. In addition to events of default in the Lease, the following events shall be deemed to be Events of Default by Tenant under the Lease (collectively, “Events of Default”): criminal conduct, regardless of whether or where arrest or conviction occurs, including but not limited to: manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by law; discharging a firearm in the Premises or apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others.. CASUALTY DAMAGE: Subject to Section 20 of the Lease, if the Premises are totally destroyed by an insured peril, or so damaged by an insured peril that, in Owner’s reasonable estimation, rebuilding or repairs cannot be substantially completed within 180 days after the date of Owner’s actual knowledge of such damage, then either Owner or (if Tenant, guest, or occupant did not intentionally cause such damage) Tenant may terminate the Lease by delivering to the other written notice thereof within 30 days after such damage, in which case, the Rent shall be abated during the unexpired portion of this Lease Term, effective upon the date such damage occurred. Time is of the essence with respect to the delivery of such notices. INSURANCE:

Appears in 1 contract

Samples: Community Addendum

DEFAULT BY RESIDENT. In the event of default by Resident, Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises or terminating the Lease, at Owner’s sole discretion, upon three (3) day’s written notice to vacate and regain possession of the Premises or in the manner provided by applicable law. It is understood that in the event Owner terminates a Resident’s right to occupy the Premises, it shall be a default under the Lease by Resident for such Resident to occupy the Premises. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a Reletting Fee, as provided herein this Addendum, reletting fee equal to the greater of $300 or eighty-five percent (85%) of the highest one month’s Rent to offset the costs of reletting the Premises; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of the Lease, 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 or applicable law. Resident acknowledges that the Reletting Fee reletting fee is not a cancellation fee or a buyout fee. The Reletting Fee reletting fee is a liquidated amount covering only Owner’s damages associated with Owner’s time, effort, and expense in finding and processing another resident to occupy the Premises. Such damages are uncertain and difficult to ascertain. In addition to events of default in the Lease, the following events shall be deemed to be Events of Default by Tenant under the Lease (collectively, “Events of Default”): criminal conduct, regardless of whether or where arrest or conviction occurs, including but not limited to: manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by law; discharging a firearm in the Premises or apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others.

Appears in 1 contract

Samples: Community Addendum

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