Common use of Leasing and Management Authority Clause in Contracts

Leasing and Management Authority. Owner grants to Broker the following authority, which Xxxxxx will exercise at Brokers discretion: A. Advertise and show the Property for rent at Owner’s expense by means and methods that Broker determines are reasonably competitive. B. Negotiate and execute leases on Owner’s behalf for the Property at market rates and on competitively reasonable terms. Broker shall, at Brokers discretion, establish, maintain, and terminate tenancies with tenants of the Property. The Broker shall have sole responsibility for establishing the terms and conditions for tenancies of the Property, including but not limited to approving applicants, establishing rents, deposits, fees, pet terms, and lease terms and conditions. Broker shall not be required to present all offers to lease. C. Terminate leases for the Property, negotiate lease terminations, and serve notices of termination; Settle, compromise, or withdraw any eviction or collection action; Negotiate and make reasonable concessions to tenants or former tenants in the Property. D. Security deposits shall be held by Xxxxxx in a trust account on behalf of Owner and financial responsibility of such security deposits is that of Broker. The disposition of the security deposits of all tenants, whether the deposit is held by the Broker or the Owner, shall be the sole discretion of Broker. Any trust account Broker maintains under this agreement may be an interest-bearing and Broker may retain any interest. E. Institute and prosecute, at Owner’s expense, actions to evict tenants in the Property, recover possession of the Property or hire collection agency to recover lost rent and other damages; Broker shall have authority on behalf of the Owner to terminate any lease or rental agreements covering the Property, to execute and serve such legal or other notices as Xxxxxx deems appropriate, to institute legal actions for the benefit of, and at the expense of, Owner for the purpose of evicting tenants in default and to recover possession of the Premises, to recover unpaid rents and other sums due from any tenant to settle, compromise and release claims by or against any tenant, and to employ attorneys for payment of rent. Owner agrees that Broker is not responsible for the collection of delinquent accounts. Broker assumes no liability for monies that are uncollectible or for any damages or costs related to the tenancy and the property. F. Owner agrees to accept the terms of the collection agency’s standard contract when executed for Owner by Broker. When acting in a collection capacity to collect funds due from ex-tenants, Broker will, at Brokers expense, pay all legal fees associated with the collection of such account and Broker will retain 40% of all funds collected for this service in addition to the management fee as listed in Section 10. G. Hire contractors to repair, maintain, or alter the Property provided that Xxxxxx does not expend more than $500 for any single repair, maintenance item, or alteration without Owner’s consent, unless the repair is deemed necessary by Broker. H. Hire contractors to make emergency or necessary repairs to the Property, without regard to the expense limitation above, that Broker determines are necessary or to protect the Property or the health or safety of a tenant. Broker may contract for annual preventative maintenance at the expense of the Owner. I. Contract, at Owner’s expense, in Owner’s name for all utilities and maintenance to the Property, and other regularly recurring expenses that Broker determines are reasonable to maintain and care for the property. J. Perform other services deemed necessary by Xxxxxx, related to the leasing and management of the Property.

Appears in 2 contracts

Samples: Property Management Agreement, Property Management Agreement

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Leasing and Management Authority. Owner grants to Broker the following authority, which Xxxxxx will exercise at Brokers discretion: A. Advertise and show the Property for rent at Owner’s 's expense by means and methods that Broker determines are reasonably competitive. B. Negotiate and execute leases on Owner’s 's behalf for the Property at market rates and on competitively reasonable terms. Broker shall, at Brokers discretion, establish, maintain, maintain and terminate tenancies with tenants of the Property. The Broker shall have sole responsibility for establishing the terms and conditions for tenancies of the Property, including but not limited to approving applicants, establishing rents, deposits, fees, pet terms, and lease terms and conditions. Broker shall not be required to present all offers to lease. C. Terminate leases for the Property, negotiate lease terminations, and serve notices of termination; Settle, compromise, or withdraw any eviction or collection action; Negotiate and make reasonable concessions to tenants or former tenants in the Property.; D. Security deposits shall be held by Xxxxxx in a trust account on behalf of Owner and financial responsibility of such security deposits is that of Broker. The disposition of the security deposits of all tenants, whether the deposit is held by the Broker or the Owner, shall be the sole discretion of Broker. Any trust account Broker maintains under this agreement may be an interest-bearing and Broker may retain any interest. E. Institute and prosecute, at Owner’s 's expense, actions to evict tenants in the Property, recover possession of the Property or hire collection agency to recover lost rent and other damages; Broker shall have authority on behalf of the Owner to terminate any lease or rental agreements covering the Property, to execute and serve such legal or other notices as Xxxxxx deems appropriate, to institute legal actions for the benefit of, and at the expense of, Owner for the purpose of evicting tenants in default and to recover possession of the Premises, to recover unpaid rents and other sums due from any tenant to settle, compromise and release claims by or against any tenant, and to employ attorneys for payment of rent. Owner agrees that Broker is not responsible for the collection of delinquent accounts. Broker assumes no liability for monies that are uncollectible or for any damages or costs related to the tenancy and the property. F. Owner agrees to accept the terms of the collection agency’s 's standard contract when executed for Owner by Broker. When acting in a collection capacity to collect funds due from ex-tenants, Broker will, at Brokers expense, pay all legal fees associated with the collection of such account and Broker will retain 40% of all funds collected for this service in addition to the management fee as listed in Section 10. G. Hire contractors to repair, maintain, or alter the Property provided that Xxxxxx Broker does not expend more than $500 350 for any single repair, maintenance item, or alteration without Owner’s 's consent, unless the repair is deemed necessary by Broker. H. Hire contractors to make emergency or necessary repairs to the PropertyProperty and do whatever is necessary to put and keep the premises in a fit and habitable condition as per the Tennessee Uniform Residential Landlord and Tenant Act. Section 66-28- 304, without regard to the expense limitation above, that Broker determines are necessary or to protect the Property or the health or safety of a tenant. Broker xxxxxx.Xxxxxx may contract for annual preventative maintenance at the expense of the OwnerOwner with owner approval. I. Contract, at Owner’s 's expense, in Owner’s Xxxxxx's name for all utilities and maintenance to the Property, and other regularly recurring expenses that Broker determines are reasonable to maintain and care for the property. Any multi-family unit where utilities are shared and Broker has utility services in it's name will be billed to the owner regardless of whether the utility services are billed to the tenant or included in the rent. If the utilities are billed to the tenant separately, every effort will be made to collect. All collected tenant utility payments will be disbursed to the owner. J. Perform other services deemed necessary by Xxxxxx, related to the leasing and management of the Property. Administrative Fees: If Broker collects administrative charges from tenants or prospective tenants, including but not limited to, application fees, posting fees, returned check fees, reletting fees,late charges, or other customary fees, Broker will retain such fees as compensation under this agreement. Broker need not account to Owner for such fees and these administrative fees are earned and payable at the time Broker collects such fees.

Appears in 1 contract

Samples: Property Management Agreement

Leasing and Management Authority. Owner grants to Broker the following authority, which Xxxxxx will exercise at Brokers discretion: A. Advertise and show the Property for rent at Owner’s expense by means and methods that Broker determines are reasonably competitive. B. Negotiate and execute leases on Owner’s behalf for the Property at market rates and on competitively reasonable terms. Broker shall, at Brokers discretion, establish, maintain, and terminate tenancies with tenants of the Property. The Broker shall have sole responsibility for establishing the terms and conditions for tenancies of the Property, including but not limited to approving applicants, establishing rents, deposits, fees, pet terms, and lease terms and conditions. Broker shall not be required to present all offers to lease. C. Terminate leases for the Property, negotiate lease terminations, and serve notices of termination; Settle, compromise, or withdraw any eviction or collection action; Negotiate and make reasonable concessions to tenants or former tenants in the Property. D. Security deposits shall be held by Xxxxxx in a trust account on behalf of Owner and financial responsibility of such security deposits is that of Broker. The disposition of the security deposits of all tenants, whether the deposit is held by the Broker or the Owner, shall be the sole discretion of Broker. Any trust account Broker maintains under this agreement may be an interest-bearing and Broker may retain any interest. E. Institute and prosecute, at Owner’s expense, actions to evict tenants in the Property, recover possession of the Property or hire collection agency to recover lost rent and other damages; Broker shall have authority on behalf of the Owner to terminate any lease or rental agreements covering the Property, to execute and serve such legal or other notices as Xxxxxx Broker deems appropriate, to institute legal actions for the benefit of, and at the expense of, Owner for the purpose of evicting tenants in default and to recover possession of the Premises, to recover unpaid rents and other sums due from any tenant to settle, compromise and release claims by or against any tenant, and to employ attorneys for payment of rent. Owner agrees that Broker Xxxxxx is not responsible for the collection of delinquent accounts. Broker assumes no liability for monies that are uncollectible or for any damages or costs related to the tenancy and the property. F. Owner agrees to accept the terms of the collection agency’s standard contract when executed for Owner by BrokerXxxxxx. When acting in a collection capacity to collect funds due from ex-tenants, Broker will, at Brokers expense, pay all legal fees associated with the collection of such account and Broker will retain 40% of all funds collected for this service in addition to the management fee as listed in Section 10. G. Hire contractors to repair, maintain, or alter the Property provided that Xxxxxx does not expend more than $500 for any single repair, maintenance item, or alteration without Owner’s consent, unless the repair is deemed necessary by Broker. H. Hire contractors to make emergency or necessary repairs to the Property, without regard to the expense limitation above, that Broker determines are necessary or to protect the Property or the health or safety of a tenant. Broker may contract for annual preventative maintenance at the expense of the Owner. I. Contract, at Owner’s expense, in Owner’s name for all utilities and maintenance to the Property, and other regularly recurring expenses that Broker determines are reasonable to maintain and care for the property. J. Perform other services deemed necessary by Xxxxxx, related to the leasing and management of the Property. Administrative Fees: If Broker collects administrative charges from tenants or prospective tenants, including but not limited to, application fees, posting fees, amenity fees, returned check fees, reletting fees, late charges, or other customary fees, Broker will retain such fees as compensation under this agreement. Broker need not account to Owner for such fees and these administrative fees are earned and payable at the time Broker collects such fees.

Appears in 1 contract

Samples: Property Management Agreement

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Leasing and Management Authority. Owner grants to Broker the following authority, which Xxxxxx will exercise at Brokers discretion: A. Advertise and show the Property for rent at Owner’s expense by means and methods that Broker determines are reasonably competitive. B. Negotiate and execute leases on Owner’s behalf for the Property at market rates and on competitively reasonable terms. Broker shall, at Brokers discretion, establish, maintain, maintain and terminate tenancies with tenants of the Property. The Broker shall have sole responsibility for establishing the terms and conditions for tenancies of the Property, including but not limited to approving applicants, establishing rents, deposits, fees, pet terms, and lease terms and conditions. Broker shall not be required to present all offers to lease. C. Terminate leases for the Property, negotiate lease terminations, and serve notices of termination; Settle, compromise, or withdraw any eviction or collection action; Negotiate and make reasonable concessions to tenants or former tenants in the Property.; D. Security deposits shall be held by Xxxxxx in a trust account on behalf of Owner and financial responsibility of such security deposits is that of Broker. The disposition of the security deposits of all tenants, whether the deposit is held by the Broker or the Owner, shall be the sole discretion of Broker. Any trust account Broker maintains under this agreement may be an interest-bearing and Broker may retain any interest. E. Institute and prosecute, at Owner’s expense, actions to evict tenants in the Property, recover possession of the Property or hire collection agency to recover lost rent and other damages; Broker shall have authority on behalf of the Owner to terminate any lease or rental agreements covering the Property, to execute and serve such legal or other notices as Xxxxxx Broker deems appropriate, to institute legal actions for the benefit of, and at the expense of, Owner for the purpose of evicting tenants in default and to recover possession of the Premises, to recover unpaid rents and other sums due from any tenant to settle, compromise and release claims by or against any tenant, and to employ attorneys for payment of rent. Owner agrees that Broker Xxxxxx is not responsible for the collection of delinquent accounts. Broker assumes no liability for monies that are uncollectible or for any damages or costs related to the tenancy and the property. F. Owner agrees to accept the terms of the collection agency’s standard contract when executed for Owner by BrokerXxxxxx. When acting in a collection capacity to collect funds due from ex-tenants, Broker will, at Brokers expense, pay all legal fees associated with the collection of such account and Broker will retain 40% of all funds collected for this service in addition to the management fee as listed in Section 10. G. Hire contractors to repair, maintain, or alter the Property provided that Xxxxxx does not expend more than $500 for any single repair, maintenance item, or alteration without Owner’s consent, unless the repair is deemed necessary by Broker. H. Hire contractors to make emergency or necessary repairs to the Property, without regard to the expense limitation above, that Broker determines are necessary or to protect the Property or the health or safety of a tenant. Broker may contract for annual preventative maintenance at the expense of the Owner. I. Contract, at Owner’s expense, in Owner’s name for all utilities and maintenance to the Property, and other regularly recurring expenses that Broker determines are reasonable to maintain and care for the property. J. Perform other services deemed necessary by Xxxxxx, related to the leasing and management of the Property. Administrative Fees: If Broker collects administrative charges from tenants or prospective tenants, including but not limited to, application fees, posting fees, returned check fees, reletting fees, late charges, or other customary fees, Broker will retain such fees as compensation under this agreement. Broker need not account to Owner for such fees and these administrative fees are earned and payable at the time Broker collects such fees.

Appears in 1 contract

Samples: Property Management Agreement

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