RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this: 6th day of June , 2013,
by and between: Beyond Residential (hereinafter referred to as "Agent for Owner" or “Management”) and Tenant Name
(hereinafter referred to as "Tenant" or “Resident” or “Occupant”).
Additional Authorized Occupants who are
additionally subject to and guarantors of all performance hereunder are the following: Tenant Name
WITNESSETH:
WHEREAS, Agent for Owner is the property manager of that certain real property being, lying and situated in Cobb
County, Georgia, 30144 such real property having a street address of 1925 Vaughn Road (hereinafter referred to as
the "Premises").
WHEREAS, Agent for Owner desires to lease the Premises to Tenant upon the terms and conditions as contained herein;
and
WHEREAS, Tenant desires to lease the Premises from Agent for Owner on the terms and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby
agree as follows:
1.
TERM.
A.
Agent for Owner leases to Tenant and Tenant leases from Agent for Owner the above described Premises together
with any and all appurtenances thereto, for a term of 12 months, such term beginning on 04/01/2012, and ending
at 11:59 PM on 04/01/2013. Either party may terminate this agreement at the end of the term by giving the other
party sixty- (60) days written notice prior to the end of the initial term. If no notice is given, the agreement will be
extended on a month to month basis under the same terms and conditions contained in this agreement; provided
however, that in such event the term rent as used in this agreement shall include a monthly payment as additional
rent each month of $150.00 as a month to month fee, in addition to the monthly rent as set forth herein.
Management reserves the right to increase the rental rate or modify other terms of this agreement as of the end of
the initial term or at the end of any extended term, as long as management gives written notice of the increase or
modification no less than thirty (30) days before the effective date of the modification. If resident goes on a month
to month term, either party has the right to terminate this agreement as of the last day of a calendar month, by
giving 30 days written notice prior to the expiration of the month to month term. Notice of a rental increase or
modification of other terms shall not terminate the agreement, which shall continue until a proper termination
notice is given.
B.
Notice of a rental increase or modification of other terms shall not terminate the agreement, which shall continue
until a proper termination notice is given. In the event of such termination by resident, resident shall pay all monies
due through the date of termination and shall return the apartment to management in a clean, ready to rent
condition. Tenant is required to provide a 60 day notice in the event the tenant wishes to non-renew the lease.
Agent for Owner may non-renew this lease with a 60 day notice as required by Georgia Law.
2.
RENT.
A.
The premise shall be rented for a sum of $1,500 per month. Rent is payable monthly in advance during the term of
this agreement on the first day of each month at the office of the management or at such other place
management may designate. Rent is due on the first and shall be considered late if received on or after the 4th of
the month. If management elects to accept rent after the close of business on the 3rd day of a calendar month, a
late charge of $100.00 will be immediately due as additional rent. Resident agrees to tender all late rents to
management in the form of cashier's check, certified check or money order. Only after the total rent is received
will payment be accepted. Management, at its option, may require one rental payment from all residents.
Management's failure to collect said late charge during any month shall not be deemed a waiver of same, but
shall accrue to the next calendar month at which time it will be due and payable in full as additional rent. Further,
should resident neglect to pay any month's rent and late fees prior to the 3rd of the month, a dispossessory warrant
for eviction shall be filed with the courts. The rent for move-in shall be prorated based on number of days left in
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RESIDENTIAL LEASE AGREEMENT
remaining month plus the following month of rent if home is occupied after the 15th. The rent due in certified funds
at execution of this agreement totals $1,500 which pays the total amount owed for June 2013. Upon the last month
of residency the final payment unless this agreement is renewed shall be $1,500 which pays the total amount owed
for June 20104.
B.
Payment of all sums is an independent covenant. At Management's option and without notice, Management may
apply money received first to Resident's non-rent obligations, then to rent, regardless of notations on checks or
money orders and regardless of when the obligations arise. All sums other than rent (which is due on the first) are
due upon Management's demand and it shall be due as additional rent. After the due date, Management does
not have to accept the rent or any other payments. All balances due shall earn interest calculated at the rate of
1.5% per month.
C.
In addition to the payment of rent, Tenant also covenants and agrees to pay to Landlord all expenses which
Landlord may suffer or incur by reason of any default of Tenant or failure on the part of Tenant to comply with any
of the provisions of this Lease, including, without limitation, the costs incurred in re-leasing the Premises, as well as
the cost of repairing damage to the Premises caused by any act of Tenant, or the family, guests, employees,
invitees, licensees or other persons visiting or staying with Tenant in the Premises, and Landlord's reasonable
attorney’s fees incurred in the enforcement of this Lease. All charges under this Section shall be deemed to
constitute additional rent due and payable upon notice to Tenant of the incurring thereof by Landlord.
D.
Resident hereby releases and waives any right or power, now or hereafter existing, whether created or allowed by
statute, ordinance or otherwise, to deduct or offset any sums whatsoever from the rental reserved hereunder,
whether such claim to offset arises from Management's breach or failure hereunder or from any cause whatsoever.
3.
PAYMENTS.
Payments shall be made in the form of personal check (no third party of business checks), cashier check, money
order. These payments can be made by mailing payments to the address listed in the conclusion of the agreement.
Beyond Residential also allows for ACH (Checking/Savings) Account payments and Credit Card (Visa, Master Card,
Discover, or American Express) online by going to www.BeyondResidential.com, under Tenant Login. ACH and
Credit Card payments will require a convenience fee for the use of the portal, payments online are not required
but are available for your convenience. Beyond Residential may report your payment history to third party credit
agencies such as: Experian, Transunion, and Equifax. This can affect your credit score and credit history.
4.
LATE CHARGE.
Rent is due on the first and shall be considered late if received on the 4th or after. In the event that any payment
required to be paid by Tenant hereunder is not made within three (3) days of when due, Tenant shall pay to Agent
for Owner, in addition to such payment or other charges due hereunder, a "late fee" in the amount $100 payable in
certified funds only or via online payment processing. Management, at its option, may require one rental payment
from all residents. Payments not received by the 10th of the month will be due with an additional Two Hundred and
Fifty Dollars ($250) Dispossessory fee for eviction filing with the county for eviction.
5.
NON-SUFFICIENT-FUNDS.
In the event a tenants payment is returned for non-sufficient-funds (NSF) the tenant hereunder agrees to pay the
late fee amount of $100.00 in addition to the NSF fee of $75. Returned checks for any reason must be redeemed by
cashier's check, certified check, or money order. After any rent check is dishonored, resident agrees to pay all
future rents and charges in the form of cashier's check, certified check or money order.
6.
CONCESSION PROGRAMS.
If the Lease is terminated prior to the lease expiration date agreed upon in this Lease Agreement, the total amount
of the Concession/discount taken must be repaid at the time of the lease termination
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RESIDENTIAL LEASE AGREEMENT
7.
TENANT'S HOLD OVER.
Resident shall remove all of Resident's property and deliver possession of apartment in a clean condition and good
order and repair to management upon termination or expiration of this agreement. In the event the resident fails to
vacate the premises after termination, non-renewal or expiration of this rental agreement, then a new tenancy
from month-to-month shall be created which shall be subject to all of the terms and conditions hereof except that
rent shall then be due and owing by resident in an amount equal to three (3) times the existing rental rate, prorated
by the day for each day held over and beyond the termination or expiration of this agreement in addition to the
other damages provided for under this contract. In addition, if the Resident provides notice of non-renewal that is
accepted by Management, then Resident shall vacate accordingly at the end of the term. If the Resident fails to
vacate the premises, the Resident shall be deemed holding over and be responsible for the rent amount equal to
three (3) times the existing rental rate prorated by the day for each day held over and beyond termination or
expiration of this agreement. Such tenancy shall thereupon be terminable upon sixty (60) days written notice served
by either party.
8.
SURRENDER OF PREMISES.
Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they
were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the
elements excepted.
9.
NOTICE TO VACATE.
Resident agrees to give Owner at least 60 days' notice prior to the expiration of the Lease Term of Resident's intention to
vacate the apartment at the end of the Lease Term, and if such notice is not timely given, the Resident shall be
liable for and agrees to pay to the Owner, the Rent due for the following month if the apartment is not re-rented as
of the end of the Lease Term.
10.
SECURITY DEPOSIT.
A.
Upon the due execution of this Agreement, Tenant shall deposit with Agent for Owner the sum DOLLARS ($1,350)
receipt of which is hereby acknowledged by Agent for Owner, as security for any damage caused to the Premises
during the term hereof. Such deposit will be returned less the $250 Administrative Fee, less interest and less damage
charges, no later than the 30th day upon termination of such agreement to an address provided by tenant.
Deposit is non-refundable, 72 hours after receipt of funds
The Security Deposit is held as security against any damage to the Premises, including, but not limited to, any
appliance, fixtures and carpet, and against Tenant vacating the Premises prior to the termination date of this
Lease, or failing to perform any and all of the covenants herein, including, without limitation, the covenant to pay
rent. Landlord shall have the right to apply any part of the Security Deposit to the expense of unpaid rentals,
accumulated late charges, returned check charges, and the expense incurred in repairing any damage to the
Premises, ordinary wear and tear occurring from normal use of the Premises excepted. Landlord's right to recover
additional sums resulting from damages or any other costs which Tenant owes to Landlord is in no way limited to the
amount held as Security Deposit.
B.
C.
If any or all of the Security Deposit is retained, Landlord shall provide Tenant with an itemized list of charges and
sums retained in their satisfaction or diminution.
D.
In the event that any part of the Security Deposit has been used by Landlord in accordance with the terms of this
Lease or applicable law, Tenant shall, upon demand, immediately deposit with Landlord a sum equal to the
amount as applied by Landlord so that Landlord shall have the full deposit on hand at all times during the Term,
including any extension, renewal or holdover term.
E.
Tenant shall not be entitled to require that Landlord use all or any part of the Security Deposit with respect to any
particular violation or default of Tenant, and the use and application of the Security Deposit by Landlord shall at all
times be at the discretion of Landlord. The appropriation of all or any part of the Security Deposit shall not be an
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RESIDENTIAL LEASE AGREEMENT
exclusive remedy for Landlord, but shall be cumulative and in addition to all other remedies of Landlord at law or
under this Lease.
F.
The Security Deposit is currently held by Landlord in an escrow or trust account at SUNTRUST BANK, NA.
G.
Following the completion of the Term, Landlord shall have five (5) business days after the end of occupancy to
inspect the Premises and compile a comprehensive list of any damages done to the Premises and the estimated
dollar value of such damage. Tenant shall have seven (7) business days after termination of occupancy to
ascertain the accuracy of the list. In the event Tenant does not object to the accuracy of such list in writing to
Landlord within such seven (7) business day period, Tenant shall be deemed to have agreed to the accuracy of
such list. This list shall be the basis for determining the portion of the Security Deposit to be withheld to pay the costs
of repairing damage to the Premises occurring during Tenant's occupancy.
H.
In no event shall Tenant be entitled to apply the Security Deposit toward any rental due. The Security Deposit or any
portion thereof not applied to the satisfaction or diminution of any of the above-listed incurred charges, if any, shall
be returned to Tenant, without interest, within thirty (30) days of the expiration or other termination of the Lease.
I.
Manager agrees to refund the Security Deposit to Resident upon satisfaction of all the following conditions or as
otherwise required by applicable law, except as modified by exercise of the cancellation option contained in
Resident's Lease or the other provisions of said Lease.
a.
Expiration of the term of the Lease, or termination of the Lease in accordance with the express provisions thereof.
b.
Complete vacation of the entire premises by Resident on or before the date specified in the required written
notice.
c.
Payment by the Resident of all rental required under the Lease, up to and including the date of expiration of
termination of the term of the Lease, or the full notice period whichever is longer.
d.
The premises, including all kitchen appliance (refrigerator, oven, range, dishwasher, baths, closets, storage areas,
patio/balconies, etc.) have been thoroughly cleaned, so as to be in the same condition as on the commencement
date of the term of the Lease, normal wear and tear expected.
e.
No defects or damage to premises, whether caused by Resident, pets, or otherwise, unless shown on a written list of
damage and defects as set out in the Lease.
f.
Observation and performance by Resident of all other covenants and obligations to be kept and performed by
Resident under the Lease, including without limitation, those rules and regulations pertaining to pets.
g.
RESIDENT HAS GIVEN MANAGER PROPER WRITTEN NOTICE PRIOR TO THE DATE OF EXPIRATIONS OF TERMINATION OF
THE TERM OF THE LEASE.
h.
Resident provides Manager with written copy of the forwarding address of Resident.
J.
Deductions. Within thirty (30) days (or on or before such earlier date as may be required by applicable law)
Manager agrees to refund the Security Deposit to Resident, after deduction therefrom all damages or charged for
which Resident is legally liable under the Lease, the Security Deposit to Resident Agreement or as a result of
breaching the Lease or Security Deposit Agreement. In the event Manager deducts any damages or charges from
the Security Deposit, as aforesaid, and provided that no rentals are dues and unpaid under the Lease at the time
Resident surrenders possession of the premises. Manager shall furnish Resident with a written description and
itemized list off all deductions made by Manager. Unless prohibited by state law, the deductions shall be made
from the entire Security Deposit (premises deposit and pet deposit) regardless of whether the damage or other
charges have been caused by the Pet or the Resident.
K.
Withholding of Rent. Resident acknowledges that no portion of the Security Deposit may be applied to rent due
and payable under the Lease and that the entire monthly rent shall be paid on or before the due date each
month during the term of the Lease, including the final month of occupancy. The tenant shall not withhold
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RESIDENTIAL LEASE AGREEMENT
payment of the last month's rental, or any portion thereof, on grounds that the Security Deposit serves as security for
the unpaid rentals. If a Resident in bad faith fails to abide by the requirements of this subsection, the Resident is
liable to the Management for the full amount of the rentals wrongfully withheld and for reasonable attorneys fee to
recover the rentals.
11.
EARLY TERMINATION:
A.
Provided resident is not in default hereunder at the time of giving notice and strictly complies with all of the
provisions of this paragraph, resident may terminate this agreement before the expiration of the initial term by:
a.
Giving management sixty (60) days prior notice; plus
b.
Paying all monies due through the date of termination; plus
c.
Paying an amount equal to one month's rent as liquidated damages or of the balance of lease whichever is the
lesser; plus
d.
Forfeiture of the security deposit (if any), as liquidated damages to be applied to any rent, damages or other
charges due at the time of move-out.
e.
Returning the apartment in a clean, ready to rent condition with no damages beyond normal wear and tear.
B.
Unless all parties to this Lease Agreement have executed a written mutual release, Residents will not be
released from the Lease for any reason, including but not limited to voluntary or involuntary school withdrawal or
transfer, voluntary or involuntary business transfer, marriage, separation, divorce, reconciliation, loss of coResident(s), loss of employment, or bad health.
C.
Not a Release. Early Termination Fee does not release Resident from continued liability for past-due rent,
cleaning, repairing, repainting, lock changes, or other sums due. Rather, the Early Lease Termination Fee is a
liquidated amount covering only part of Management's damages, that is, Management's time, effort, and expense
in finding and processing a replacement. Such items are uncertain and difficult to ascertain, particularly those
relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking prospects,
office overhead, marketing costs, and locator-service fees.
D.
Tenant has the hereunder right to terminate the agreement at any time with a 60 day notice in writing
delivered to the Agent for Owners address below. Tenant also understands that in the event the notice to
terminate, terminates the agreement early, tenant is responsible for a $1,350 termination fee due upon receipt of
termination notice. If the termination notice ends the agreement on the conclusion date above tenant owes no
additional rent. Tenants is responsible for the 60 day notice regardless of the property being occupied by them.
12.
LEASE FEE.
A.
NON-REFUNDABLE LEASE FEE. Resident shall pay Management a one-time non-refundable lease fee in
the amount of $0. Payment of said fee does not constitute liquidated damages, and Resident shall remain liable
for all damages exceeding normal wear and tear, rents, and other sums or charges which are or will come due
under this rental agreement. Said lease fee is not a security deposit.
13.
USE OF PREMISES.
A.
The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting of Names
of all Occupants, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any
time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of
any kind, or for any purpose other than as a private single family dwelling.
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RESIDENTIAL LEASE AGREEMENT
B.
Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and
friends who are guests of Tenant, to use or occupy the Premises without first obtaining Agent for Owner's written
consent to such use.
C.
Tenant, Resident(s), their children, occupants, guests and invitees shall comply with all federal, state, and
local laws or regulations. shall comply with any and all laws, ordinances, rules and orders of any and all
governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the
Premises. The apartment and its premises shall be used for residential purposes only and shall be occupied only by
the persons named in this lease agreement. No illegal conduct of any kind shall occur in the apartment or
anywhere in the apartment community. Residents shall not use apartment or permit it to be used for any disorderly,
disruptive, abusive, or unlawful purpose or in any manner so as to interfere with other residents' quiet enjoyment of
their apartments. Persons not listed on the lease must not stay in the apartment for more than seven consecutive
days without written consent of management and no more than twice that many days in one month. A violation
of this paragraph shall be a material breach of this lease agreement and constitute grounds for termination of the
lease.
D.
Any resident not showing consideration for other members of the neighborhood, development,
community, complex or premises may have their rental agreement terminated at Management's absolute
discretion. Resident and Resident's occupants or guests may not engage in the following prohibited activities on or
about the premises including but not limited to: loud or obnoxious conduct; disturbing or threatening the rights,
comfort, health, safety, or convenience of others in or near the apartment community, loud fighting inside or
outside Resident's apartment which disturbs other Resident's their occupants or guests, marking or otherwise
defacing the premises, marking or otherwise damaging property on or about the premises, including automobiles,
motorcycles, bicycles and other vehicles, possession, selling or manufacturing illegal drugs or drug paraphernalia;
engaging in or threatening violence; possessing a weapon prohibited; discharging a firearm in the apartment
community; displaying or possessing a gun, knife, or other item which is intended to be used as a weapon in
Resident's apartment, a common area or in a way that may alarm others; soliciting business or contributions; using
the apartment for other than residential use to include operating a business or child-care service; storing anything in
closets having gas appliances; tampering with utilities; bringing hazardous materials into the Premises,
development, complex, or community, and using the premises in any manner that constitutes a nuisance to
another or which otherwise disturbs any other Resident's quiet enjoyment.
14.
CONDUCT OF RESIDENT, GUESTS AND OCCUPANTS.
A.
Resident and all guests and occupants of Resident must comply with established apartment rules,
regulations and community policies. These rules may include instructions for care of The premises or the property of
other Residents. Management's rules are considered part of this Lease and Management may make reasonable
changes to said rules, effective immediately, upon notice sent to the residents in the apartment community.
B.
The apartment and other areas reserved for Resident's private use must be kept clean. Litter or debris
shall not be placed on any portion of the Common Areas. Trash must be disposed of at least weekly in appropriate
receptacles in accordance with local ordinances and may not at any time be placed outside the door of
Resident's unit or in the hallway connected thereto or Resident's deck or balcony.
C.
Management may exclude guests or others who, in Management's judgment, have been violating the
law, violating this Lease or any apartment rules, or disturbing other Residents, neighbors, visitors, or Management's
representatives. Management may also exclude from any patio or common area a person who refuses to show
photo identification or refuses to identify himself or herself as a Resident or a guest of a specific Resident in the
community. Resident shall be responsible and liable for the conduct of their guests. Acts of guests in violation of
this agreement or Management's rules and regulations may be deemed by manager to be a breach by resident.
D.
Resident acknowledges that all notices required to be given shall be done so in writing. Resident agrees
to handle his/her communications and conduct with management, including, but not limited to, leasing agents,
on-site staff, maintenance personnel, or independent contractors and vendors hired by management, and with all
other residents, occupants, guests or invitees in a lawful, courteous and reasonable manner. Resident shall not
engage in any abusive behavior, either verbal or physical, or ay form of intimidation or aggression, directed at
management its agents, its employees or vendors or directed at any other residents, occupants, guests, invitees, or
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RESIDENTIAL LEASE AGREEMENT
any other personal on the property. Such conduct shall constitute a material breach of this agreement and shall
subject such Resident to the termination of this Agreement.
E.
If requested by management, resident agrees to promptly conduct all future business in writing. Resident
agrees not to damage his apartment or any other portion of the apartment community, including, but not limited
to, the physical facilities, buildings, trees or landscape. Resident shall be liable for all acts or failure to act of his
family, occupants, guests or invitees which result in damages to the premises or the community property. Resident
shall remain liable to management for any damages which exceed normal wear and tear and agrees to pay
management promptly upon notice of such damages, notwithstanding whether the repairs have actually been
made. Any amounts due from resident because of damage exceeding normal wear and tear shall constitute
additional rent which is due upon notice by management. Any acts of abusive behavior whether verbal or
physical by resident or Resident's family, guests, or invitees or any other violation of this paragraph shall be a
material breach of the lease agreement and grounds for immediate termination of the lease.
F.
Management may regulate (1) the use of patios, balconies, and porches; (2) the conduct of furniture
movers and delivery persons; and (3) recreational activities in common areas.
G.
Resident shall be liable to Management for damage caused by Resident or Resident's guests or
occupants.
(initial) Resident is responsible for the actions of Resident, Occupants and Guests of Resident.
_______________ (initial)
15.
PROHIBITED VEHICLES; TOWING.
A.
Resident and Management agree that any abandoned, noxious, offensive, unsightly, unpleasant, unlicensed,
derelict, inoperable, unkempt such as could reasonably affect the appearance or rental marketability of the
property and/or wrongfully parked vehicles parked on the premises may be towed off the premises by the
Management or hired towing company at the vehicle owner's expense. The definition of non- operable,
abandoned or unauthorized vehicles shall be liberally construed in favor of management. Wrongfully parked
vehicles are those vehicles parked in undesignated parking areas or in the grass, common areas, or other areas not
designated as parking.
B.
Resident further agrees not to store and/or park any trailer, camper, boat, or any other similar recreational item or
vehicle on the premises without the written consent of the Management. Resident agrees not to store and/or park
any commercial or public vehicle on the premises under any conditions.
C.
Resident further agrees not to make any repairs of any motor vehicle and/or recreational items on the premises
without the prior written consent of the Management.
D.
Management may regulate the time, manner, and place of parking cars, trucks, motorcycles, bicycles, boats,
trailers, and recreational vehicles. A vehicle is prohibited in the community and may be towed if it has flat tires or
other conditions rendering it inoperable, has an expired license or inspection sticker, takes up more than one
parking space, belongs to a Resident or occupant who has surrendered or abandoned the apartment, is parked in
a marked handicap space without the legally required handicap insignia, blocks another vehicle from exiting, is
parked in a fire lane, loading area or designated "no parking area", is parked in a space marked for other
Resident(s) or apartment(s) or leaks excessive amounts of fluids. Any violation of this section is a material breach,
authorizing Management to tow any vehicle in violation of any provision of this section without notice at the
Owner's expense.
16.
CONFIDENTIALITY OF ACCESS CODES.
On properties where it becomes necessary for the resident to receive an access code or access card in order to enter
the property or buildings, resident acknowledges that he/she and all other occupants realize that this code is for
their personal use only and should in no circumstances be passed along to anyone else. Resident shall be held
responsible for any damage or injury, personal or otherwise, which might occur as a result of their negligence in
passing along their access code or access card.
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RESIDENTIAL LEASE AGREEMENT
17.
CONDITION OF PREMISES.
Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of
this Lease in good order, repair, and in a safe, clean and tenantable condition. Resident accepts apartment in
“as-is” condition as suited for the use intended. Resident understands and agrees that the apartment, equipment
and fixtures will be under the control of resident and agrees to keep said apartment, together with the fixtures
therein, in a clean, sightly and sanitary condition. If any damage to the apartment or adjacent premises,
equipment or fixtures therein is caused by the resident, or his family, agents, occupants, servants, employees,
guests, licensee or pets, management may, at its option, repair or pay for the repair of such damage and resident
shall immediately reimburse management for total cost of such repairs and for replacement cost of all property
destroyed or irreparably damaged; such costs are to be considered as additional rental hereunder and shall be
due and payable on the next rental date succeeding Management's demand therefore. The resident agrees to
immediately notify management in writing of any repairs needed to the apartment, equipment and the fixtures
therein..
18.
REIMBURSEMENT.
Resident must promptly reimburse Management for loss, damage, or cost of repairs or service caused anywhere in
the apartment community or nearby area by Resident or any guest's or occupant's improper use or negligence, or
any other amounts due. Management may require payment at any time, including advance payment of repairs
for which Resident shall be liable. Any delay in Management's demanding sums Resident owes is not a waiver. The
charges referred to herein shall be due as additional rent which is due upon notice by management
19.
ASSIGNMENT AND SUB-LETTING.
Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without
the prior written consent of Agent for Owner. Any assignment or subletting without Management's prior written
consent shall be violable by management and, at Management's election, shall constitute a default by resident
under this rental agreement. Consent by management to one or more assignments or subletting shall not operate
as a waiver of Management's rights with respect to any subsequent assignment or subletting. If this rental
agreement is assigned, or if the premises or any part thereof are sublet or occupied by anyone other than resident
during the term of this rental agreement (with or without Management's consent), management shall be entitled to
all rents, fees and other considerations paid by such subtenant, assignee or occupant with respect to the premises,
including, but not limited to, all amounts paid in excess of the rental amount. A consent by Agent for Owner to one
such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, subletting or license. An assignment, sub-letting or license without the prior written consent of Agent for Owner or an
assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Agent for Owner's
option, terminate this Agreement.
20.
ALTERATIONS AND IMPROVEMENTS.
A.
Except for matters that greatly or materially affect the health or safety of the average person, Resident accepts the
apartment, fixtures and furniture (if provided) as is. Management disclaims all implied warranties. To protect
Resident from being assessed damages not caused by Resident, Resident must, within 48 hours after move-in advise
Management of all defects or damage. Otherwise, everything will be considered to be in clean, safe, and good
working condition.
B.
Resident must use reasonable and customary diligence in maintaining the apartment and common areas. Unless
authorized by statute or by Management in writing, Resident must not perform any repairs, painting, wallpapering,
carpeting, electrical changes, or otherwise alter The premises. No holes or stickers are allowed inside or outside the
apartment. Management shall permit a reasonable number of small nail holes for picture hanging in sheetrock
walls and grooves of wood-paneled walls, unless Management's rules state otherwise. No water furniture,
antennas, additional phone or TV-cable outlets, alarm systems, or lock changes, additions, or re-keying is permitted
unless statutorily allowed or Management has consented in writing. Resident agrees not to alter or remove The
premises, including alarm systems, smoke detectors, furniture, telephone and cable TV wiring, screens, locks, and
security devices. When Resident moves in, Management shall supply light bulbs for fixtures Management furnishes
8
RESIDENTIAL LEASE AGREEMENT
and batteries for the smoke detector; after that, Resident shall replace them at their expense with bulbs and
batteries of the same wattage and voltage. Resident's improvements to the apartment (whether or not
Management consents) become Management's unless Management agrees otherwise in writing.
C.
Noxious, strong, or offensive odors (including but not limited to odors caused by smoke, pets, cooking or other) are
not permitted, and resident shall be liable for damages exceeding normal wear and tear for the repair or
replacement of any carpet, flooring, ceiling, or walls that are permeated with noxious or offensive odors at the
owners sole discretion. Tenant shall make no alterations to the buildings or improvements on the Premises or
construct any building or make any other improvements on the Premises without the prior written consent of Agent
for Owner. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by
Tenant shall, unless otherwise provided by written agreement between Agent for Owner and Tenant, be and
become the property of Agent for Owner and remain on the Premises at the expiration or earlier termination of this
Agreement.
21.
NON-DELIVERY OF POSSESSION.
In the event Agent for Owner cannot deliver possession of the Premises to Tenant upon the commencement of the
Lease term, through no fault of Agent for Owner or its agents, then Agent for Owner or its agents shall have no
liability, but the rental herein provided shall abate until possession is given. Agent for Owner or its agents shall have
thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept
the demised Premises and pay the rental herein provided from that date. In the event possession cannot be
delivered within such time, through no fault of Agent for Owner or its agents, then this Agreement and all rights
hereunder shall terminate.
22.
FAILURE TO OCCUPY PREMISES.
If, for any reason, except for delay by construction, the holding over of a prior resident, or disapproval of the rental
application, the undersigned does not take occupancy of the Premises as provided for in the Lease, damages will
be assessed against the Security Deposit for the amount of rental lost or any expenses incurred due to Resident's
cancellation. As these costs are difficult to ascertain, the Resident agrees to pay liquidated damages for any fee
or deposits previously collected
23.
HAZARDOUS MATERIALS.
Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might
unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or
extra hazardous by any responsible insurance company.
24.
CONDEMNATION AND FIRE OF PREMISES.
A.
Should the premises for whatever reason become condemned by the City, State or other law enforcement or
government agency or it is uninhabitable due to fire, flood, or any other event that renders the property untenable,
Management may terminate this Lease Agreement by giving Resident written notice. Tenant must vacate within
seven (7) days of said event after notice by Management.
B.
If the fire, flood, or other event is the cause of the tenant, then tenant agrees he/she shall remain liable for future
rent through the re-rental date or the end of the term of the lease, whichever comes sooner, and for the damages
to repair the apartment. The reason or cause provided in a police report, fire report, insurance report, or a report
by a licensed contractor shall be conclusive evidence of the cause of the damage to the premises. If the premises
are not deemed untenable, tenant agrees to pay for the damages due as additional rent upon notice by
management
25.
NEIGHBORHOOD CONDITIONS, CRIME, EMERGENCIES, NO SECURITY.
A.
Tenant acknowledges that in every neighborhood there are conditions which different tenants may find
objectionable. It shall be Tenant’s duty to become familiar with and acquainted with any present or future
9
RESIDENTIAL LEASE AGREEMENT
neighborhood conditions which could affect the Premises including without limitation any land-fills, quarries, highvoltage power lines, cemeteries, airports, stadiums, odor producing factories, crime, schools serving the Property,
political jurisdictional maps and land use and transportation maps and plans. If Tenant is concerned about the
possibility of a registered sex offender residing in a neighborhood in which Tenant is interested or in which the
premises are located, Tenant should review the Georgia Violent Sex Offender Registry available on the Georgia
Bureau of Investigation website at www.state.ga.us/gbi/disclaim.html.
B.
In the event of an emergency, follow the instructions of any emergency personnel. If you are able, Dial 911 or
immediately call local fire, police, or Emergency Medical authorities in case of fire, smoke, or suspected criminal
activity involving imminent harm. Resident should then contact Management or Management's representative
only when the resident can do so safely at no further risk to resident or any dependent thereof. Resident will not
treat or rely upon any of Management's security measures as an express or implied warranty of security or as a
guarantee against crime or of reduced risk of crime, injury or death.
C.
Resident acknowledges that the apartment community and its management company or agents cannot and do
not offer security, implied or otherwise, to residents, guests or personal property. (For purposes of this security policy,
"owner" includes owner and Owner's property management company, onsite managers, and other owner
representatives.)
D.
Each resident and occupant has the responsibility to protect himself or her self and to maintain insurance to protect
his or her belongings. Resident should contact an insurance agent to arrange appropriate insurance for personal
property.
E.
Resident understands and agrees that Management does not provide security.
F.
Owner/Management does not promise, warrant, or guarantee the safety or security of residents, occupants, or
their personal property against he criminal actions of other residents or third persons. (Owner shall include owner
and Owner's property management company, BEYOND RESIDENTIAL, LLC, on-site managers, and other
representatives).
G.
Each resident and occupant has the responsibility to protect himself or herself and to maintain insurance to protect
his or her belongings. Unless otherwise provided by law, Management is not liable to Resident or any guests or
occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including
theft, burglary, assault, vandalism, or other crimes.
H.
Management is not obligated to furnish security personnel, security lighting, security gates or fences, or other forms
of security unless required by statute. Management is not responsible for obtaining criminal-history checks on any
Resident, occupant, or guest in the apartment community.
I.
If Resident or any occupant or guest is affected by a crime, Resident must make a written report for Management
or Management's representative and for the appropriate local law enforcement agency. Resident must also
furnish Management with the law-enforcement agency's incident-report number upon request.
J.
It is a fact that no security system, patrol, or electronic security device can provide protection against crime at
every location at every moment of the day or night. Even elaborate security systems are subject to mechanical
malfunction, tampering, human error or personnel absenteeism, and can be defeated or avoided by clever
criminals. Therefore, residents and occupants should not rely on such systems and should always proceed on the
assumption that no security systems exist. The best safety measures are those precautions that can be performed
as a matter of common sense and habit.
K.
If security systems, security devices, or walk through/drive through services are utilized at this community, no
representation is made that they will prevent injury, theft or vandalism.
L.
Companies or individuals walking or driving the community on behalf of the owner are unarmed independent
contractors and have no greater authority under the law to restrain or arrest criminals or to prevent crime than the
ordinary citizen. Therefore the owner does not warrant that any security systems, security devices, services, or
10
RESIDENTIAL LEASE AGREEMENT
persons at this apartment community will discourage or prevent breaches of security, intrusions, thefts, or incidents
of violent crime.
M.
Owner reserves the right to reduce, modify or eliminate any security system, security devices, or services (other than
those statutorily required) at any time without notice to the resident; and such action shall not be a breach of any
obligation or warranty on the part of the owner. If control or intrusion alarms or provided, residents will be furnished
written operation instructions. It is the residents' and occupants' responsibility to read them and bring any questions
to the attention of the owner. Further, it is the residents' and occupants' responsibility to promptly notify the owner
in writing of any known problem, defect, malfunction, or failure of door locks, window latches, lighting, controlled
access gates, intrusion alarms and other security-related devices.
N.
Each resident or occupant is responsible for reporting to owner any crime that he or she is aware of and that occurs
in Resident's apartment or in common areas near Resident's apartment. If the Resident's apartment is equipped
with an intrusion alarm, the resident is responsible for all fines and other charges resulting from or attributable to the
alarm, including false alarm charges. Protecting residents, their families, occupants, guests and invitees from crime
is the sole responsibility of residents, occupants, and law enforcement agencies. Residents are expected to protect
themselves and others as may be possible, and to call the police or 911 first, if a crime occurs or is suspected.
Residents and occupants are required to promptly report to owner in writing any locks, latches, lighting, overgrown
shrubbery, fences, gates intrusion alarms, and other security-related devices that they know or believe are in need
of repair or improvement.
O.
Resident has read, understands, and agrees to the above security policy.
26.
RECREATIONAL FACILITIES AND COMMON AREAS.
__________(Initials).
In consideration of the right to use those recreational facilities as may be located at the premises, the undersigned
acknowledges and agrees that neither BEYOND RESIDENTIAL, LLC, nor its affiliates, agents, employees, successors,
or assigns (collectively the I Owner!) shall be liable for claims, demands, costs, or expenses arising out of personal
injury, property damage or loss which may be sustained by the undersigned or any person whom the undersigned
allows to use the facilities or their personal representatives or dependents, whether or not caused in whole or in part
by the active or passive actions of BEYOND RESIDENTIAL, LLC, whatsoever. In this regard, the undersigned hereby
agrees to assume the risk of such occurrences and to hold BEYOND RESIDENTIAL, LLC, or its affiliates, agents,
employees, successors, or assigns harmless and indemnify and defend same against any and all claims, liabilities,
damages, liens and expenses (including without limitation, reasonable attorneys’ fees) arising directly or indirectly
from any such occurrences. All persons using the recreational and health facilities on the property should receive
approval from their physician in order to utilize all facilities and participate in any exercise programs.
27.
UTILITIES.
A.
Resident acknowledges that he/she is responsible for electricity, trash removal, water and sewer and/or natural gas
service in the above mentioned apartment from his/her date of move-in and has applied or will immediately upon
executing this agreement put said utilities in his/her name and promptly pay the same when due as additional rent.
Landlord shall not be responsible for failure to furnish such utilities if the failure to do so is due to any cause beyond
Landlord's control. Tenant shall not permit any lien or encumbrance to attach to the Premises as a result of Tenant's
failure to pay for such utilities or services. At the end of the Term, Tenant must provide proof of payment of final bills
for all utilities or service termination (cutoff) slips. Resident also agrees that should he/she fail to have utilities
converted into his/her name, or if any breach of this provision exists it shall constitute a default giving management
the right to disconnect service, in accordance with local guidelines, in the aforementioned premises without notice
and resident(s) will be responsible for all applicable charges, and/or terminate the lease immediately and obtain
possession of the premises. If the tenant fails or refuses to pay for electricity, trash removal, water, sewer, and/or
natural gas service, management may refuse to accept rent without the charges due herein and proceed with a
dispossessory action to obtain possession of the premises. All utility charges set forth herein are due as additional
rent.
B.
Management shall not be responsible for failure to furnish any of the above services or utilities if failure to do so is
due to causes beyond Management's control, nor shall such failure to furnish such services entitle resident to abate
the payment of rent as provided herein above. Management shall not be liable for damage or injury as a result of
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RESIDENTIAL LEASE AGREEMENT
terminating the utility. Resident acknowledges that continued occupancy of the apartment when any utility
services have been cut-off creates a dangerous hazard. Resident agrees not to terminate or cause to be
terminated, cut-off or discontinue any utility services to the apartment, including, but not limited to, electricity,
natural gas, or water. Resident is forbidden to use candles, lanterns, or other easily flammable materials or items to
light apartment. Resident's breach of this provision shall give management the right to make an immediate
termination of the lease and the right to demand immediate possession of the premises while still holding resident
liable for the balance of rent or other damages and charges due under the lease.
C.
Resident understands that the utility service is sub-metered and that monthly billings for water and sewer will come
from vendor. It is understood and agreed between Lessor and Resident that, in the event such payments are not
made when due, a late fee will be charged to Resident. The Lessor reserves the right to add delinquent water and
sewer charges including service charges and any late fees to the Resident's account and/or deduct the last bill,
including any outstanding charges and fees, from the security deposit. Resident agrees that Lessor, in the event of
non-payment of said charges and fees will effect the termination of hot water service. Tenant shall be responsible
for arranging for and paying for all utility services required on the Premises.
28.
INSURANCE & LIABILITY.
Management shall not be liable for damage, theft, vandalism, or other loss of any kind to Resident's personal property or
the personal property of Resident's family members or guests, except where such damage is due to Management's
gross negligence or intentional misconduct. It is understood and agreed that management shall not be responsible
or liable to resident or to those claiming by through or under resident for any loss or damage to either person or
property that may be occasioned by or through the acts or omissions of third parties. Resident shall purchase
comprehensive property insurance against all perils including but not limited to insurance on personal property due
to or caused by theft, vandalism, bursting or breaking pipes, fire, windstorm, hail, flooding, leakage, snow, or ice, by
or from running water, backing up of drainage pipes, seepage or overflow of water or sewage on the property of
which Resident's apartment is a part. Management shall not be responsible or liable for any injury, loss or damage
to any person or property of resident or other person caused by or resulting from the aforementioned occurrences.
29.
MAINTENANCE AND REPAIR; RULES.
A.
Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition
and repair during the term of this Agreement and any renewal thereof. ALL REQUESTS FOR REPAIRS (IF APPLICABLE),
INSTALLATIONS, OR SERVICES, OR SECURITY-RELATED MATTERS MUST BE IN WRITING TO MANAGEMENT OR
MANAGEMENT'S DESIGNATED REPRESENTATIVE (except in emergencies involving immediate danger to person or
property, such as fire, gas, smoke, overflowing sewage, uncontrollable running water, electrical shorts, or crime in
progress).
B.
This provision is not waived by Management complying with or responding to any oral request for repairs or services.
To protect the premises, Resident agrees to promptly notify Management in writing of any water leaks, electrical
problems, broken or missing locks or latches, or other condition that poses a hazard to property, or persons health,
or safety. Management reserves the right to change or install utility lines or equipment serving the apartment if the
work is done reasonably without substantially increasing Resident's utility costs. Management may turn off
equipment and interrupt utilities as needed to avoid property damage, personal injury or to perform work. If utilities
malfunction or are damaged by fire, water, or similar cause, Resident must notify Management or Management's
representative immediately. Failure to do so will cause Resident to be liable for damages incurred as a result of
Resident's non-action and lack of notification. If heating facilities or other health required equipment malfunctions,
Resident must notify Management or Management's representative as soon as possible on or before the next
business day, and Resident shall undertake all appropriate, necessary, available and required steps to provide for
or obtain any emergent medical care or other intervention necessitated or otherwise prudent in light of the
circumstances and the medical needs which relate to the health required equipment. Management shall act with
customary diligence to make necessary repairs and re- connections in order to avoid injury to persons or property,
taking into consideration when casualty insurance proceeds are received. The Rent will not abate for any
malfunction or repair problem whatsoever.
C.
Management makes no express or implied promises to make repairs to the premises. Management's making of
repairs is not an implied warranty to repair, but decisions on repairs shall be made on a case-by-case basis.
12
RESIDENTIAL LEASE AGREEMENT
However, Resident is hereby required to notify Management of all items requiring repair prior to initiating Resident's
own repairs unless emergency or safety conditions otherwise require immediate action. Repairs as will be initiated
within a reasonable time after written notice is given.
D.
In the event that the property owner rather than Management is responsible hereunder for the maintenance of the
premises, Tenant hereby releases and indemnifies Management from any liability of any kind without limitation for
any failure or insufficiency of the maintenance, safety or habitability of the premises and any system(s), services or
equipment to be provided by said property owner.
E.
MOLD DISCLOSURE. Landlord is not aware of any water damage, chronic water intrusion, flooding, or any other
condition existing on the Premises as of the date of this Lease that would contribute to the proliferation of mold and
mildew so as to cause mold contamination of the Premises. Tenant hereby acknowledges and agrees that as of
the date of this Lease, the Premises are habitable, and no mold contamination exists on the Premises. During the
Term, Tenant agrees to provide Landlord with prompt written notice of the suspected presence of mold and
mildew, chronic water intrusion or flood on the Premises or on any part thereof. Tenant shall, following any such
notice, make the Premises available to Landlord for assessment and, if necessary, remediation. In the event
Landlord determines that remediation is necessary, Landlord shall be entitled to terminate this Lease upon twenty
(20) day’s written notice to Tenant without premium or penalty.
F.
Without limiting the generality of the foregoing, Tenant shall:
a.
Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of
ingress and egress only;
b.
Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
c.
Not obstruct or cover the windows or doors;
d.
Not leave windows or doors in an open position during any inclement weather;
e.
Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same
within any yard area or space;
f.
Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of
Agent for Owner;
g.
Keep all air conditioning filters clean and free from dirt;
h.
Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use
same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand,
rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the
cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
i.
And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises,
and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
j.
Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or
interfere with other residents;
k.
Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash,
garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the
common elements;
l.
Abide by and be bound by any and all rules and regulations affecting the Premises or the common area
appurtenant thereto that may be adopted or promulgated by the Condominium or Homeowners' Association or
such other authority having control over them.
13
RESIDENTIAL LEASE AGREEMENT
m.
Tenant will replace all light bulbs when needed, ensure air and furnace filters are changed.
n.
Tenant is prohibited from adding locks, changing or in any way altering locks installed on the doors of the Premises
without prior written permission of Landlord. Tenant must return all keys to Landlord before all or part of the Security
Deposit may be refunded. If all keys to the Premises are not returned, Landlord may charge a re-key charge in the
amount of Fifty Dollars ($50).
o.
Non-operative vehicles are not permitted on the Premises. Any such non-operative vehicle may be removed by
Landlord at the expense of Tenant, for storage or private sale, at Landlord's option, and Tenant shall have no right
or recourse against Landlord thereafter.
p.
No goods or materials of any kind or description which are combustible or would increase fire risk shall be taken or
placed in storage areas, except for a single gasoline can for a lawnmower, and incidental maintenance supplies
and household storage. Storage in such areas shall be at Tenant’s risk and Landlord shall not be responsible for any
loss or damage resulting from Tenant’s use of the storage areas.
q.
No nails, screws or adhesive hangers except standard picture hooks, shade brackets and curtain rod brackets may
be placed in walls, woodwork or any part of the Premises.
r.
The Tenant agrees to maintain the Premises in the condition presented at the time of rental, reasonable wear and
tear excepted.
s.
Tenant agrees to repair or pay for repair of any damages which result from any negligence on Tenant’s part from
broken water pipes due to below freezing temperatures.
t.
Tenant shall keep the lawn mowed, shrubs trimmed, gutters cleaned out, trash and grass clippings picked up on a
regular basis (minimum of once every two weeks in growing season and fall leaf season) and shall keep the
Premises, including yard, lot, grounds, house, walkways and driveway clean and free of rubbish.
30.
DAMAGE TO PREMISES.
In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other
casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the
purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be
accounted for by and between Agent for Owner and Tenant up to the time of such injury or destruction of the
Premises, Tenant paying rentals up to such date and Agent for Owner refunding rentals collected beyond such
date. Should a portion of the Premises thereby be rendered uninhabitable, the Agent for Owner shall have the
option of either repairing such injured or damaged portion or terminating this Lease. In the event that Agent for
Owner exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured
parts bears to the whole Premises, and such part so injured shall be restored by Agent for Owner as speedily as
practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
31.
INSPECTION OF PREMISES.
Management, repairers, services, and prospective residents with Management may peacefully enter, and shall be
allowed to enter, the apartment at any reasonable time for any reason whatsoever. Management shall not abuse
this privilege and whenever possible will give hours notice of Management's intent to enter the premises. No notice
will be given in situations including but not limited to: inspections when immediate danger to person or property is
reasonably suspected, inspections for the purpose of ascertaining whether any provision of this lease has been
violated, entry is directed by a law-enforcement office with or without a search or arrest warrant or in hot pursuit,
showing the premises to prospective Residents, stopping excessive noise or removing health or safety hazards,
preventing waste or property or utilities, or documenting damage to the premises or conditions thereof. Agent for
Owner and Agent for Owner's agents shall have the right at all reasonable times during the term of this Agreement
and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and
improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed
appropriate by Agent for Owner for the preservation of the Premises or the building. Agent for Owner and its
agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy"
14
RESIDENTIAL LEASE AGREEMENT
signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry
shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions that do not conform
to this Agreement or to any restrictions, rules or regulations affecting the Premises.
32.
SUBORDINATION OF LEASE.
This Lease shall be subject and subordinate at all times to the lien of all existing mortgage or trust deeds and all
mortgages and trust deeds which hereafter may be made a lien on the premises, and Resident agrees to execute
and deliver such further instruments subordinating this Lease to the lien of any existing and future mortgages or trust
deeds as shall be desired by Management and further Residents hereby appoints Management, his attorney-infact, irrevocably to execute any such instrument for and on behalf of Resident. This Agreement and Tenant's
interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or
encumbrances now or hereafter placed on the Premises by Agent for Owner, all advances made under any such
mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such
mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens
or encumbrances.
33.
ANIMALS.
Absolutely no pets are allowed unless both Management and Resident sign a fully executed "Pet Addendum". All
rules, regulations, fees and pet rents are included on said Pet Addendum and must be strictly adhered to. Charges
for violating the pet restrictions (or Management's pet rules) will be $10.00 per day (not exceeding $10 per day) in
addition to other remedies afforded to Management under this Agreement or Community Policy and Rules..
Tenant shall be entitled to keep no more than Written # of Animals(#)domestic dogs, cats or birds; however, at
such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Agent for Owner a pet
fee totaling $$$$$, of which $$$$$ shall be non-refundable.
34.
QUIET ENJOYMENT.
Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance
of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may
peacefully and quietly have, hold and enjoy said Premises for the term hereof.
35.
INDEMNIFICATION.
Resident releases management from liability for and agrees to indemnify management against all losses incurred
by management as a result of (a) Resident's failure to fulfill any condition of this agreement; (b) any damage or
injury happening in or about apartment or premises to Resident's invitees or licensees or such person's property; (c)
Resident's failure to comply with any requirements imposed by any governmental authority; and (d) any judgment,
lien or other encumbrance filed against apartment as a result of Resident's action. Agent for Owner shall not be
liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any
person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the
structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify,
defend and hold Agent for Owner harmless from any and all claims or assertions of every kind and nature.
36.
DEFAULT.
A.
The following events shall be “Events of Default” by Tenant:
a.
if Tenant fails to pay rent when due; or
b.
if Tenant fails to abide by any of the covenants or rules and regulations agreed to herein, other than the promise to
pay rent, and such noncompliance is not remedied within ten (10) calendar days of written notice thereof from
Landlord; or
15
RESIDENTIAL LEASE AGREEMENT
c.
if Tenant is adjudicated bankrupt, or elects or is made subject to any debtor relief proceedings under which the
rent may be abated or deferred in part or whole; or
d.
if Tenant abandons the Premises.
B.
The occurrence of any of the aforesaid Events of Default shall give the Landlord the option to pursue any one or
more of the following causes of action, although the remedies shall not be limited to those herein listed:
a.
Landlord may terminate this Lease, whereupon Tenant shall immediately surrender the Premises to the Landlord. If
Tenant fails to surrender the Premises, Landlord may enter upon and take possession of the Premises and remove
Tenant and his or her effects, without being liable for any claim for damages therefor;
b.
Landlord may declare the entire amount of the rent which would become due and payable during the remainder
of the Term due and payable immediately, whereupon Tenant shall immediately pay the same to Landlord (such
amount is not intended to be a penalty, but is hereby agreed to be a reasonable preestimate of damages to be
suffered by Landlord, which damages are difficult to ascertain with certainty);
C.
Landlord may enter the Premises without being liable for any claim for damages therefor, and may relet the
Premises and receive whatever rent Landlord deems desirable, without terminating this Lease. Tenant shall be
obligated to pay the difference, if any, between rent received at reletting and rent contracted for under this Lease.
Resident's violation of this lease or any addendum shall constitute a default of the Apartment lease agreement.
Violations include, but are not limited to, non payment of rent, improper non-renewal or termination of the lease;
abandonment as prohibited; providing false or misleading information in the rental application; failure to pay or
continue utility services; allowing unauthorized persons access to the premises; any unauthorized occupants or
improper use or conduct; unauthorized pets; or causing damages in excess of normal wear and tear; and any
other violation of the terms set forth in the Apartment lease agreement. Upon default, management may
immediately terminate resident's lease or possession by giving written notice and re- entering the apartment as
provided by law. Resident shall surrender possession of the premises to management promptly on the effective
date of any termination notice, remove all possession and persons occupying the apartment, return all keys to
management by personally handing them to management, and restore management to quiet possession of the
lease premises.
D.
Notwithstanding management's termination due to resident's default, resident shall remain liable for all rent, holdover rent, unpaid utilities, rental concession pay-backs, damages exceeding normal wear and tear, costs of
eviction, attorney's fees and expenses of re-letting incurred by management as a result of resident's default, and all
rent pro-rated by the day for each day the apartment remains vacant through the re-rental date, whichever
comes sooner. In addition if due to a change in market conditions or otherwise, the rent Management charges to
the new resident is less than the rent due hereunder, resident shall remain liable to pay the difference through the
end of the term. Resident shall reimburse Management for all advertising charges incurred by Owners in
connection with the re-leasing of the unit.
E.
Management, at its option, may obtain possession of the apartment through a dispossessory proceeding, either
with or without first terminating the lease or right of possession. Management, at its option, may also recover
possession of an abandoned apartment without filing a dispossessory action by changing the locks and disposing
of any abandoned property. Management shall have the right to issue a non-renewal or termination notice at any
time during a pending dispossessory proceeding and amend the pleadings without refiling. Notwithstanding
termination of the lease, commencement of a dispossessory proceeding, issuance of a writ of possession, actual
physical eviction, or recovery of the abandoned premises, resident shall remain liable for all rent accrued through
the re-rental date or the end of the term of the lease, whichever comes sooner. At management's option, resident
shall continue to remain liable for all rent accruing after issuance of a writ of possession, actual physical eviction, or
retaking possession of the apartment. Ail rent, fees, damages and liquidated damages shall be due immediately
upon demand for payment.
F.
Management's re-entry to the leased premises either under judicial process or by retaking possession after
abandonment shall not relieve resident of liability under this lease. Management has the right, but is not obligated,
to attempt to re-let the premises on resident's behalf. Resident agrees that re-taking possession of re- rental of the
apartment shall not relieve resident of liability or lost or accrued rent, damages exceeding normal wear and tear,
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RESIDENTIAL LEASE AGREEMENT
unpaid utilities, rental concession pay backs, or any other costs, fees, or expenses.. If Agent for Owner determines
that Tenant is in default of this Agreement, including but not limited to the failure to pay rent when due, as
authorized under O.C.G.A. § 44-7-50, Agent for Owner may immediately demand possession of the Premises. In
such event, Agent for Owner shall provide Tenant with at least one (1) day written Notice to Vacate. Agent for
Owner may provide such notice by serving it personally on Tenant, or by leaving the same at the principal building
on the Premises, or by posting the same conspicuously on the leased Premises. In addition, all unpaid rents payable
during the remainder of this Agreement or any renewal period shall be accelerated upon the default without
notice or demand. Tenant shall remain fully liable to the Agent for Owner for (a) any lost rent and any other
financial obligation under this Agreement; (b) Agent for Owner's cost of reletting the Premises including but not
limited to leasing fees, utility charges, and any other fees necessary to relet the Premises; (c) repairs to the Premises
for Tenant's use that are beyond normal wear and tear; (d) all of Agent for Owner's costs associated with evicting
Tenant, including but not limited to court costs, costs of service, prejudgment interest, and reasonable attorney's
fees; (e) all of Agent for Owner's costs associated with collecting amounts due under this Agreement, including but
not limited to debt collection fees, late charges, and returned check charges; (f) and any other recovery to which
Agent for Owner is entitled by law or in equity. Agent for Owner is obligated to make all reasonable efforts to
mitigate any damage or loss resulting from Tenant's breach by attempting to relet the Premises to acceptable
tenants and thereby reducing Tenant's liability.
37.
ABANDONMENT.
If resident removes or attempts to remove personal property from the premises other than in the usual course of
continuing occupancy without first having paid management all monies due for proper termination of this
agreement, the apartment may be considered abandoned, and management shall have the right, without notice,
to store and dispose of any property left on the premises by resident. Any such property shall be considered The
premises and title shall vest in management. If Agent for Owner's right of reentry is exercised following
abandonment of the Premises by Tenant, then Agent for Owner shall consider any personal property belonging to
Tenant and left on the Premises to also have been abandoned, in which case Agent for Owner may dispose of all
such personal property in any manner Agent for Owner shall deem proper and Agent for Owner is hereby relieved
of all liability for doing so. Management shall also have the right to re-rent the apartment after resident abandons
the same. Management, in its sole discretion, shall have the right to determine those other circumstances under
which it considers the apartment abandoned. Residents agrees that such circumstances as evidence of his
abandonment of the premises include, but are not limited to, the failure to pay rent or other charges due under the
lease agreement, discontinuance of any utility service, failure to respond to any notices, phone calls or
correspondence from management, or removal of Resident's personal property from the apartment. Any one of
the foregoing circumstances or other circumstances shall be sufficient to evidence an abandonment. If the
apartment is deemed abandoned, management shall have the right, without notice, to secure the apartment with
new locks, to store or dispose of any property or personal possessions left on the premises by resident or Resident's
family, occupants, guests or invitees, or to re-rent the apartment for new occupancy. Resident acknowledges that
Management is in the business of renting premises and the removal of the property is necessary to Management's
livelihood and as such, Resident shall indemnify Management and their agents and representatives against any
claim or cost for any damages or expense with regard to the removal, disposal and or storage of the property.
Resident Agrees that management shall have no liability for any actions taken to secure the apartment, obtain
possession of the premises, or store or dispose of any personal property or possessions found in the apartment when
management deems the apartment to have been abandoned. Resident acknowledges and agrees that
Management's acts or failure to act with regard to securing the apartment, obtaining possession of the premises or
storing or disposing of any personal property or possessions found in the apartment under circumstances which are
or may indicate abandonment are a contractual matter to which the resident has given his consent, and any
alleged breach shall not give rise to a claim in tort for punitive damages. If at any time during the term of this
Agreement Tenant abandons the Premises or any part thereof, Agent for Owner may, at Agent for Owner's option,
obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for
damages or for any payment of any kind whatever. Agent for Owner may, at Agent for Owner's discretion, as
agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part
of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Agent
for Owner's option, hold Tenant liable for any difference between the rent that would have been payable under
this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net
rent for such period realized by Agent for Owner by means of such reletting.
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RESIDENTIAL LEASE AGREEMENT
38.
RIGHTS OF RE-ENTRY, REMOVAL, RELETTING AND RECOVERING OF ATTORNEYS' FEES AND COSTS.
A.
In the event of a breach of any of the terms and conditions of this Lease by Resident the Management shall have
all rights and remedies available as recognized by state law. In the event of abandonment, property may be
removed and/or stored in any other place in the building in which the premises is situated, or in any other place, for
the account of and at the expense and the risk of Resident. Resident hereby waives all claims for damages which
may be caused by the re entry of Management in taking possession of the premises or removing or storing the
furniture and property as herein provided, and will save Management harmless from any loss, costs or damage
occasioned Management thereby and no such re-entry shall be considered or construed to be a forcible entry.
B.
In the event of any civil suit or dispossessory warrant for any breach of any of the terms and conditions of this Lease,
the prevailing party shall be entitled to attorney's fees in the amount of fifteen (15%) percent of the principal and
interest owing and all expenses of litigation including but not limited to, court costs, dispossessory warrant costs, and
administrative filing fees.
C.
As provided under O.C.G.A. § 44-7-2(c), in the event any dispute arises between Agent for Owner and Tenant that
results in litigation concerning a breach of this Agreement, the losing party shall pay the prevailing party's
reasonable attorney fees and costs incurred, which shall be determined by the court and made a part of any
judgment.
39.
FORCE MAJEURE.
Neither Party will be held responsible for any delay or failure in performance of any part of this Agreement to the
extent caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act
of God, act or omission of carriers or other similar causes beyond its control, unless such delay or failure is the result
of the negligence or fault of the non-performing Party
40.
ENTIRE AGREEMENT.
This lease constitutes the sole and entire agreement between the parties relating to the subject premises and no
representation or inducements of any nature by any person whatsoever shall be binding unless contained herein
except for any written addenda executed by all parties to the lease
41.
RECORDING OF AGREEMENT.
Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall
record this Agreement, this Agreement shall, at Agent for Owner's option, terminate immediately and Agent for
Owner shall be entitled to all rights and remedies that it has at law or in equity.
42.
GOVERNING LAW.
A.
This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of
Georgia.
B.
The Parties hereto and each of them, further represent and warrant that they have carefully read this Agreement
and know and understand the contents hereof, and that they signed this Agreement freely and voluntarily and
have had the opportunity to obtain the benefit of the advice of legal counsel before executing this Agreement.
C.
The Parties hereto acknowledge and agree that this Agreement shall be deemed to have been drafted jointly by
the Parties hereto. Ambiguities shall not be construed against the interest of either party by reason of it having
drafted all or any part of this Agreement.
D.
This Agreement may be executed in counterparts and when each Party has signed and delivered at least one such
counterpart to the other Party, each counterpart shall be deemed an original, and all counterparts taken together
shall constitute one and the same agreement, which shall be binding and effective as to all Parties. This Agreement
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RESIDENTIAL LEASE AGREEMENT
may be executed via facsimile signatures, which shall have the same force and effect as if they were original
signatures to be followed by executed originals.
E.
Each party and signatory hereto represents and warrants that it has all necessary right, title, and authority to enter
into this Agreement, to grant the rights and interests herein granted, and to perform all of its obligations under this
Agreement.
43.
INTERPRETING THIS LEASE.
Neither the Management nor any of their representatives have made any oral promises, representations, or
agreements other than those set forth herein. This Lease and any attached addenda constitute the entire
agreement between the Resident and the Management. Management's representatives (including management
personnel, maintenance personnel, employees and agents) have no authority to waive, amend, or terminate this
Lease or any part of it, and no authority to make promises, representations, or agreements that impose security
duties or other obligations on Management or Management's representatives unless in writing and signed by
Management or Management's agent No action or omission of Management or Management's representative will
be considered a waiver of any subsequent violation, default, or time or place of performance. Management not
enforcing or belatedly enforcing written-notice requirements, rental due dates, acceleration, liens, or other rights is
not a waiver under any circumstances. Exercising one remedy will not constitute an election or waiver of other
remedies. All remedies are cumulative. No employee, agent, or management company is personally liable for any
of Management's contractual, statutory, or other obligations merely by virtue of acting on Management's behalf.
This Lease binds subsequent Management/owners. Neither an invalid clause nor the omission of initials invalidates
this Lease. All provisions regarding Management's non-liability and non-duty apply to Management's employees,
agents, and management companies. The use of the word "Management" herein shall mean Management, his
agents, representatives and assigns
44.
SEVERABILITY.
If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or
unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons,
entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted
by law.
45.
BINDING EFFECT.
The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the
heirs, legal representatives, and assigns of the parties hereto.
46.
DESCRIPTIVE HEADINGS.
The descriptive headings used herein are for convenience of reference only and they are not intended to have
any effect whatsoever in determining the rights or obligations of the Agent for Owner or Tenant.
47.
CONSTRUCTION.
The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
48.
NON-WAIVER.
Failure of management to insist upon strict compliance with the terms of this agreement shall not constitute a
waiver of any violation. No indulgence, waiver, election or non-election by Agent for Owner under this Agreement
shall affect Tenant's duties and liabilities hereunder.
49.
WAIVER OF EXEMPTIONS.
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RESIDENTIAL LEASE AGREEMENT
Resident hereby waives and renounces for self and family any and all homestead rights and exemption rights
he/she may have now, under or by virtue of the Constitution and state laws and/or of the United States, as against
the payment of said rental or any portion thereof. No failure of Landlord to exercise any power given hereunder or
to insist on strict compliance with any terms, conditions, or covenants enumerated herein, and no custom of the
parties at variance with the terms hereof shall constitute a waiver of Landlord's right to demand exact compliance
with the terms hereof.
50.
MODIFICATION.
The parties hereby agree that this document contains the entire agreement between the parties and this
Agreement shall not be modified, changed, altered or amended in any way except through a written amendment
signed by all of the parties hereto.
51.
NOTICE.
Any notices required by this agreement shall be in writing and shall be deemed to be given if delivered personally
or mailed by registered or certified mail, or overnight delivery service such as FedEx and UPS, (a) if to resident, to the
apartment or to the last known address of resident or to resident’s email address as maintained in the records of
manager; (b) if to management, to the office of management as set forth herein, or such other place as
management may designate.
52.
JOINT AND SEVERAL LIABILITY.
Each Resident, Occupant and Tenant of the leased premises is jointly and severally liable for all Lease obligations,
as each is understood by virtue of their residence therein to have been fully aware of the terms of this lease as a
condition precedent on the part of any Tenant hereto consenting to or otherwise permitting or allowing such other
occupants to reside therein. If Resident or any guest or occupant violates the Lease or rules, all Residents are
considered to have violated the Lease. Management's requests and notices (including sale notices) to any
Resident constitute notice to all Residents and occupants. Notices and requests from any Resident or occupant
(including notices of Lease termination, repair requests, and entry permissions) constitute notice from all Residents.
In eviction suits, any one of multiple Residents is considered the agent of all other Residents in the apartment for
service of process. Security deposit refunds may be by one check jointly payable to all Residents; the check and
any deduction itemizations may be mailed to one Resident only.
53.
DISCRIMINATION.
Beyond Residential, LLC is an equal opportunity housing provider and complies with all federal, state, and local fair
housing laws and regulations. Management does not discriminate in any way based upon race, color, creed,
religion, sex, national origin, elderliness, familial status, handicap, source of income, marital status, ancestry and
sexual orientation
54.
SHOWING OF PROPERTY.
Beyond Residential may from at time, prior to or after you have given notice to vacate, need to show the home to
prospective tenants. During the notice period Beyond Residential will place a yard sign in the lawn and a lock-box
on the door. The property may be shown by Beyond Residential staff or by licensed Georgia real estate agents.
When either a Beyond Residential staff member or a real estate agent has a prospective tenant who wants to see
the property, we will give you a courtesy call prior to showing the property. If we do not get a reply to our courtesy
call message, we will show the property at the time noted in the message we left.
55.
AGENT FOR OWNER OFFICE AND DISCLOSURE.
A.
Beyond Residential, LLC has a mailing address of the following 1925 Vaughn Road #220, Kennesaw, GA 30144. All
items to be mailed should be sent here to the attention of Beyond Residential as the authorized agent to manage
the leased premises.
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RESIDENTIAL LEASE AGREEMENT
B.
Management has disclosure rights if someone requests information on Resident or Resident's rental history for lawenforcement or governmental purposes.
C.
LEAD BASED PAINT DISCLOSURE. Housing built before 1978 may contain lead based paint. Lead from paint, paint
chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known
lead-based paint hazards in the dwelling. Disclosure to Tenant: the house on the Premises was built after 1978.
Landlord has no actual knowledge of lead-based paint in the Premises.
56.
ADDITIONAL PROVISIONS AND DISCLOSURES.
THIS AGREEMENT INCORPORATES BY REFERENCE AS PART HEREOF THOSE ADDENDUM, RULES & REGULATIONS AS
SHALL BE REQUIRED TO BE EXECUTED BY TENANT AND EXECUTED CONTEMPORANEOUSLY AND AS A PART HEREOF.
SPECIAL STIPULATION
57.
57.
UPKEEP. The following items are the responsibility of the party indicated.
a. SPECIAL STIPULATION
Agent for Owner
Tenant
HOA
UTILITY INFORMATION.
The following items utilities are to be transferred into the tenants name prior to move-in and documentation of such
account #’s must be provided. *If utilities are not on upon move-in, then tenant(s) will pay a fee of $75 per utility
plus charges due.
a. Water at 707-404-6780. Account #_________________________
b. Electric at 404-678-7770. Account #_________________________
c. Gas at 770-898-7633. Account #_________________________
d. Trash at 404-999-8696. Account #_________________________
[Agent for Owner should note above any disclosures about the premises that may be required under Federal or
Georgia law, such as known lead-based paint hazards in the Premises. The Agent for Owner should also disclose
any flood hazards.]
Signed into effect, on this Date Signed day of Month, 2011 by Agent for Owner and Tenant(s) whom by which
execution of their signature hereby acknowledge, understand and will implement all clauses of the agreement in
strict juncture.
___________________________________________________________________________________________________________________
Tenant Printed Name
Tenant Signature
Dated
___________________________________________________________________________________________________________________
Tenant Printed Name
Tenant Signature
Dated
___________________________________________________________________________________________________________________
Tenant Printed Name
Tenant Signature
Dated
___________________________________________________________________________________________________________________
Tenant Printed Name
Tenant Signature
Dated
BY: BEYOND RESIDENTIAL, LLC
___________________________________________________________________________________________________________________
Agent for Owner Printed Name
Agent Signature
Dated
Agent hereby signs on behalf of Owner, as Firm # H-64332 of the Georgia Real Estate Commission, for which Thomas
Mickael Perry is Broker in Charge (BIC).
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