Common use of Default of Contract Clause in Contracts

Default of Contract. Resident is in violation of this Contract, and it shall be an “Event of Default” hereunder if: a) Resident fails to pay Monthly Installments on the due date thereof and as otherwise directed by this Contract; b) Resident fails to pay any charge other than Monthly Installments within ten (10) days after it is due in accordance with this Contract; c) Resident or Resident’s guest(s) violate this Contract or any addenda, the Rules and Regulations, any other rules, any applicable landlord-tenant law, or fire, health or criminal laws, regardless of whether arrest or conviction occurs; d) Any utilities payable by Resident or other residents of the Unit are disconnected or shut-off due to non- payment; e) Resident fails to move into the Bedroom after completion of all required documentation, or Resident abandons or apparently abandons the Bedroom (that is, it appears that Resident has moved out before the end of the Contract Term because Resident’s personal belongings have been substantially moved out of the Bedroom); f) Any information provided to Landlord (including, without limitation, information in Resident’s Contract application) by Resident or Guarantor is false, inaccurate or misleading; g) Resident or Guarantor files in any court pursuant to any statute, whether of the United States or of any state, a petition in bankruptcy or insolvency, or a petition is filed for the appointment of a receiver or trustee of all or a portion of the property of Resident or Guarantor, or there is an assignment by the Resident or Guarantor for benefit of creditors; h) Resident or Resident’s guest(s) is charged with or reasonably suspected of a felony offense involving actual or potential physical harm to a person, or a felony or misdemeanor offense involving possession, manufacture, delivery or sale of a controlled substance, marijuana, or illegal drug paraphernalia. or theft, burglary, pornography, physical assault, indecent exposure, sexual molestation and /or any unlawful conduct involving a minor, regardless of whether such activity results in an arrest, conviction and/or deferred adjudication, and regardless of whether such conduct occurred on or off the grounds of the Facility; i) Resident is charged with or reasonably suspected of a crime involving sexual misconduct of any kind, regardless of whether or not the alleged conduct occurred on or off the grounds of the Facility, and regardless of whether the alleged conduct results in an arrest or conviction, or is found to be a registered sex offender or person subject to registering as a sex offender as defined under the laws of the State; j) Resident’s guest is a registered sex offender or subject to registering as a sex offender as defined under the laws of the State; k) Any illegal drugs or illegal drug paraphernalia are found in the Bedroom or the Unit (whether or not Landlord can establish possession) or illegal drug usage by Resident or Resident’s guest is reported to Landlord by other residents of the Unit or Facility; l) Resident is unable or refuses to adjust to the concept and requirements of living in the Facility environment as evidenced by repeated complaints about Resident made by other residents or the staff of the Facility; m) Resident keeps any handgun, firearm or weapon of any type, or any explosive, flammable, or any extra hazardous substance or device, or any article or thing of a dangerous nature in any part of the Facility, including, without limitation, the Bedroom and the Unit; n) Any act by Resident or Resident’s guest(s) materially affects the health and/or safety of Resident, Resident’s guest(s), other resident or other persons in the Facility; o) Any willful or intentional act by Resident or Resident’s guest(s) or behavior by Resident or Resident’s guest(s) 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 in the Facility; or p) Resident fails to comply with any other material term, provision, covenant or warranty made under this Contract that is not specifically addressed above in this Section.

Appears in 5 contracts

Samples: Housing Contract, Housing Contract, Housing Contract

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Default of Contract. Resident is in violation of this Contract, and it shall be an “Event of Default” hereunder if: a) Resident fails to pay Monthly Installments on the due date thereof and as otherwise directed by this Contract; b) Resident fails to pay any charge other than Monthly Installments within ten (10) days after it is due in accordance with this Contract; c) Resident or Resident’s guest(s) violate this Contract or any addenda, the Rules and Regulations, any other rules, any applicable landlord-tenant law, or fire, health or criminal laws, regardless of whether arrest or conviction occurs; d) Any utilities payable by Resident or other residents of the Unit are disconnected or shut-off due to non- non-payment; e) Resident fails to occupy or move into the Bedroom after completion of all required documentation, or Resident abandons or apparently abandons the Bedroom (that is, it appears that Resident has moved out before the end of the Contract Term because Resident’s personal belongings have been substantially moved out of the Bedroom); f) Any information provided to Landlord (including, without limitation, information in Resident’s Contract application) by Resident or Guarantor is false, inaccurate or misleading; g) Resident or Guarantor files in any court pursuant to any statute, whether of the United States or of any state, a petition in bankruptcy or insolvency, or a petition is filed for the appointment of a receiver or trustee of all or a portion of the property of Resident or Guarantor, or there is an assignment by the Resident or Guarantor for benefit of creditors; h) Resident or Resident’s guest(s) is charged with or reasonably suspected of a felony offense involving actual or potential physical harm to a person, or a felony or misdemeanor offense involving possession, manufacture, delivery or sale of a controlled substance, marijuana, or illegal drug paraphernalia. or theft, burglary, pornography, physical assault, indecent exposure, sexual molestation and /or any unlawful conduct involving a minor, regardless of whether such activity results in an arrest, conviction and/or deferred adjudication, and regardless of whether such conduct occurred on or off the grounds of the Facility; i) Resident is charged with or reasonably suspected of a crime involving sexual misconduct of any kind, regardless of whether or not the alleged conduct occurred on or off the grounds of the Facility, and regardless of whether the alleged conduct results in an arrest or conviction, or is found to be a registered sex offender or person subject to registering as a sex offender as defined under the laws of the State; j) Resident’s guest is a registered sex offender or subject to registering as a sex offender as defined under the laws of the State; k) Any illegal drugs or illegal drug paraphernalia are found in the Bedroom or the Unit (whether or not Landlord can establish possession) or illegal drug usage by Resident or Resident’s guest is reported to Landlord by other residents of the Unit or Facility; l) Resident is unable or refuses to adjust to the concept and requirements of living in the Facility environment as evidenced by repeated complaints about Resident made by other residents or the staff of the Facility; m) Resident keeps any handgun, firearm or weapon of any type, or any explosive, flammable, or any extra hazardous substance or device, or any article or thing of a dangerous nature in any part of the Facility, including, without limitation, the Bedroom and the Unit; n) Any act by Resident or Resident’s guest(s) materially affects the health and/or safety of Resident, Resident’s guest(s), other resident or other persons in the Facility; o) Any willful or intentional act by Resident or Resident’s guest(s) or behavior by Resident or Resident’s guest(s) 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 in the Facility; or p) Resident fails to comply with any other material term, provision, covenant or warranty made under this Contract that is not specifically addressed above in this Section.

Appears in 1 contract

Samples: Housing Contract

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Default of Contract. Resident is in violation of this Contract, and it shall be an “Event of Default” hereunder if: a) Resident fails to pay Monthly Installments on the due date thereof and as otherwise directed by this Contract; b) Resident fails to pay any charge other than Monthly Installments within ten (10) days after it is due in accordance with this Contract; c) Resident or Resident’s guest(s) violate this Contract or any addenda, the Rules and Regulations, any other rules, any applicable landlord-tenant law, or fire, health or criminal laws, regardless of whether arrest or conviction occurs; d) Any utilities payable by Resident or other residents of the Unit are disconnected or shut-off due to non- payment; e) Resident fails to move into the Bedroom after completion of all required documentation, or Resident abandons or apparently abandons the Bedroom (that is, it appears that Resident has moved out before the end of the Contract Term because Resident’s personal belongings have been substantially moved out of the Bedroom); f) Any information provided to Landlord (including, without limitation, information in Resident’s Contract application) by Resident or Guarantor is false, inaccurate or misleading; g) Resident or Guarantor files in any court pursuant to any statute, whether of the United States or of any state, a petition in bankruptcy or insolvency, or a petition is filed for the appointment of a receiver or trustee of all or a portion of the property of Resident or Guarantor, or there is an assignment by the Resident or Guarantor for benefit of creditors; h) Resident or Resident’s guest(s) is charged with or reasonably suspected of a felony offense involving actual or potential physical harm to a person, or a felony or misdemeanor offense involving possession, manufacture, delivery or sale of a controlled substance, marijuana, or illegal drug paraphernalia. or theft, burglary, pornography, physical assault, indecent exposure, sexual molestation and /or any unlawful conduct involving a minor, regardless of whether such activity results in an arrest, conviction and/or deferred adjudication, and regardless of whether such conduct occurred on or off the grounds of the Facility; i) Resident is charged with or reasonably suspected of a crime involving sexual misconduct of any kind, regardless of whether or not the alleged conduct occurred on or off the grounds of the Facility, and regardless of whether the alleged conduct results in an arrest or conviction, or is found to be a registered sex offender or person subject to registering as a sex offender as defined under the laws of the State; j) Resident’s guest is a registered sex offender or subject to registering as a sex offender as defined under the laws of the State; k) Any illegal drugs or illegal drug paraphernalia are found in the Bedroom or the Unit (whether or not Landlord can establish possession) or illegal drug usage by Resident or Resident’s guest is reported to Landlord by other residents of the Unit or Facility; l) Resident is unable or refuses to adjust to the concept and requirements of living in the Facility environment as evidenced by repeated complaints about Resident made by other residents or the staff of the Facility; m) Resident keeps any handgun, firearm or weapon of any type, or any explosive, flammable, or any extra hazardous substance or device, or any article or thing of a dangerous nature in any part of the Facility, including, without limitation, the Bedroom and the Unit; n) Any act by Resident or Resident’s guest(s) materially affects the health and/or safety of Resident, Resident’s guest(s), other resident or other persons in the Facility; o) Any willful or intentional act by Resident or Resident’s guest(s) or behavior by Resident or Resident’s guest(s) 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 in the Facility; or p) Resident fails to comply with any other material term, provision, covenant or warranty made under this Contract that is not specifically addressed above in this Section. q) Notwithstanding any other provision of this Lease, your nonpayment of charges for resold utility service, including associated late payment and returned check charges, is not an event of default under this Lease, and our remedies for such nonpayment are limited to (1) the right to recover such charges, with any associated late fees, returned check charges, and interest as provided by law, in a civil action; (2) the right to recover the unpaid electric charges, late fees, and returned check charges from your security deposit; and (3) the right to report your failure to pay to any credit bureau or collection agency.

Appears in 1 contract

Samples: Housing Contract

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