Common use of USE AND OCCUPANCY Clause in Contracts

USE AND OCCUPANCY. Resident covenants that the Premises are to be used and occupied by Resident as Resident's principal residence, solely as a private residential household, not for any unlawful purpose, and not for any other purpose whatsoever, including any business purpose that is not specifically allowed by this Lease. Conducting any kind of business except as set forth specifically herein, including but not limited to childcare services (defined as the simultaneous care of children from more than one family), in the Premises is prohibited. Resident may conduct business in the Premises if such business activity is conducted entirely by computer, telephone, or mail, and no clients, patients, or other business associates come to the Premises for business purposes; and if any business so conducted complies with all applicable laws. Resident shall only use hallways, passageways, and access points for entry or exit. Resident shall show due consideration for others and shall not behave in a loud or obnoxious manner, interfere with, disturb, or threaten the rights, comfort, health, safety, convenience, quiet enjoyment, and use of the community by Agent, Agent’s employees, Owner, or Owner’s agents or employees, other residents and occupants and any of their guests, invitees, or the general public (collectively “others”). In Agent’s sole discretion, Agent may limit or prohibit Resident from photographing or videoing the community common areas or any persons in the common areas. Resident shall not disrupt or interfere with Agent’s business operations, or communicate with Agent, Owner, or their employees in an unreasonable, rude, or hostile manner. Agent may exclude from Resident’s apartment or the apartment community guests or others who, in Agent’s reasonable judgment, have been violating the law, violating this Agreement, or disturbing other residents, neighbors, visitors, or Agent, its employees, or others. Agent may also exclude from Resident’s apartment or any outside area or common area any person who refuses to show photo identification or refuses to identify himself or herself as a Resident, occupant, or guest of a specific resident in the community. Agent may deny any Resident access to the Premises, including by changing the locks, if any court or legal order restrains or bars a Resident from the Premises. Agent shall be the sole judge of acceptable conduct. Resident agrees not to permit, commit, or suffer any conduct disorderly or otherwise, noise, vibration, odor, or other nuisance whatsoever about the Premises, having a tendency to annoy or disturb others and to use no machinery, device, or any other apparatus which would damage the Premises or annoy others. Resident shall not injure Agent’s or Owner’s reputation by making bad faith allegations against Agent or Owners to others. Occupation of the Premises is subject to applicable occupancy standards determined by law and by Agent. Only authorized occupants shall occupy the Premises. Agent must approve any change of authorized occupants in writing prior to occupancy except for children born or adopted during the term of the Lease, but such children are subject to applicable occupancy standards. If any unauthorized person occupies the Premises for more than seven (7) days without Agent’s consent, such person shall be deemed an unauthorized occupant and shall be subject to Agent’s approval. Any approval of any occupant is in Agent’s sole and absolute discretion. Agent may specifically condition any approval upon, among other things, such unauthorized occupant completing the normal residency application process including a rental application and paying Agent’s application fee or other customary fees and charges required by new residents. Upon Agent’s demand, Resident shall provide to Agent any information necessary to establish the residence of any person who appears to be residing at the Premises in Agent’s reasonable judgment. If Agent claims that any person residing in Resident’s Premises is an unauthorized occupant, Resident shall bear the burden of proving in any court action or eviction proceeding that the person challenged by Agent as an unauthorized occupant does not reside at the Premises.

Appears in 11 contracts

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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USE AND OCCUPANCY. Resident covenants that the Premises are to be used and occupied by Resident as Resident's principal residence, solely as a private residential household, not for any unlawful purpose, and not for any other purpose whatsoever, including any business purpose that is not specifically allowed by this Lease. Conducting any kind of business except as set forth specifically herein, including but not limited to childcare services (defined as the simultaneous care of children from more than one family), in the Premises is prohibited. Resident may conduct business in the Premises if such business activity is conducted entirely by computer, telephone, or mail, and no clients, patients, or other business associates come to the Premises for business purposes; and if by any business so conducted complies with all applicable laws. Resident shall only use hallways, passageways, and access points for entry or exitlaw. Resident shall show due consideration for others and shall not behave in a loud or obnoxious manner, interfere with, disturb, or threaten the rights, comfort, health, safety, convenience, quiet enjoyment, and use of the community Premises, by Agent, Agent’s employees, OwnerLandlord, or Ownerby Landlord’s agents or employees, other residents and occupants occupants, surrounding neighbors, and any of their guests, invitees, or the general public (collectively “others”). In Agent’s sole discretion, Agent may limit or prohibit Resident from photographing or videoing the community common areas or any persons in the common areas. Resident shall not disrupt or interfere with AgentLandlord’s business operations, or communicate with Agent, Owner, the Landlord or their employees Landlord’s representatives in an unreasonable, harassing, rude, or hostile manner. Agent may exclude from Resident’s apartment or the apartment community guests or others who, in Agent’s reasonable judgment, have been violating the law, violating this Agreement, or disturbing other residents, neighbors, visitors, or Agent, its employees, or others. Agent may also exclude from Resident’s apartment or any outside area or common area any person who refuses to show photo identification or refuses to identify himself or herself as a Resident, occupant, or guest of a specific resident in the community. Agent Landlord may deny any Resident access to the Premises, including by changing the locks, if any court or legal order restrains or bars a Resident from the Premises. Agent shall be the sole judge of acceptable conduct. Resident agrees not to permit, commit, or suffer any conduct conduct, disorderly or otherwise, noise, vibration, odor, or other nuisance whatsoever about the Premises, having a tendency to annoy or disturb others and to use no machinery, device, or any other apparatus which would damage the Premises or annoy others. Resident shall not injure Agent’s or Owner’s reputation by making bad faith allegations against Agent or Owners to others. Occupation of the Premises is subject to applicable occupancy standards determined by law and by AgentLandlord. Only authorized occupants those «Number of Occupants» occupants, listed on the application, shall occupy the Premises. Agent Landlord must approve any change of authorized occupants in writing prior to occupancy occupancy, except for children born or adopted during the term of the Lease, but such children are subject to applicable occupancy standards. If any unauthorized person occupies the Premises for more than seven (7) days without Agent’s consent, such person shall be deemed an unauthorized occupant and shall be subject to Agent’s approval. Any approval of any occupant is in Agent’s sole and absolute discretion. Agent may specifically condition any approval upon, among other things, such unauthorized occupant completing the normal residency application process including a rental application and paying Agent’s application fee or other customary fees and charges required by new residents. Upon AgentLandlord’s demand, Resident shall provide to Agent Landlord any information necessary to establish the residence of any person who appears to be residing at the Premises in AgentLandlord’s reasonable judgment. If Agent Landlord claims that any person residing in Resident’s Premises is an unauthorized occupant, Resident shall bear the burden of proving in any court action or eviction proceeding that the person challenged by Agent Landlord as an unauthorized occupant does not reside at the Premises. Resident or any Other Person shall not register the address of the Premises or any part of the Community on any list of registered sex offenders or similar list or compilation. Resident’s failure to disclose any criminal act, including but not limited to past and unresolved criminal acts, or registering the address of the Premises or any Part of the Community on any list of registered sex offenders or similar list or compilation is a breach of this Section and this Agreement.

Appears in 1 contract

Samples: Rental Lease Agreement

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