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General Lease Terms
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Lessors
Responsibilities/
Lessees
Duties
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1. Lessor will
comply with all appropriate provisions of Federal, State, County,
or local statute, code or regulation governing maintenance, construction,
use or appearance of the leased premises and the property of
which it is a part. Lessee shall comply with all addendums hereto
and the rules, regulations, policies and guidelines imposed
hereunder and (1) will prevent any person on the premises or
apartment community with or without his permission from willfully
or wantonly destroying, defacing, damaging, impairing, or removing
any part of the structure or dwelling unit or the facilities,
equipment or appurtenances or engaging in unlawful conduct and
(2) will refrain from interfering with the rights of other Lessees
to peaceably enjoy the use and occupancy of the premises and
apartment community and shall give Lessor prompt written notice
or any accident, dangerous conditions, or defacing occurring
on the premises or apartment community.
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Condition of Premises: License |
2. Lessor covenants
and Lessee hereby acknowledges and accepts delivery of the leased
premises and all common areas in clean, safe, sanitary and habitable
condition in compliance with all applicable laws. Lessor is duly
licensed to operate a multi-unit residential dwelling and that
such license may be inspected by Lessee during normal business
hours at the offices of Lessor as hereinbefore stated in this
Lease or at such other place as Lessor may hereafter designate.
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Lease
Application |
3. Lessor tenders
and Lessee accepts this Lease based on the representations contained
in the Lease Application submitted by Lessee and made a part
of this Lease, for the purpose of inducing Lessor to execute
this Lease; in the event that any of the representations contained
in the Lease Application shall be found to be misleading, incorrect
or untrue, said shall be a substantial breach that warrants eviction
permitting Lessor to forthwith avoid the tenancy or terminate
this Lease and repossess the leased premises, reserving all rights
and remedies against Lessee as if a default hereunder had occurred.
Lessee and Guarantor, if any, authorizes Lessor to obtain credit
reports on Lessee and Guarantor during the application process
and for so long as sums are due and owing under the Lease between
the parties. Lessor certifies that the use of any such credit
report is for the permissible business purpose of investigating
the applicant's creditworthiness and obtaining information as
to Lessee and/or Guarantor as to the collectibility of sums due
and owing under this Lease and for any other permissible business
purpose as set forth by law.
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Possession |
4. In the event
of delay in the delivery of possession of said apartment from
Lessor to Lessee, (a) rent shall abate until said apartment is
delivered; or (b) Lessee may cancel, rescind, or terminate this
Lease by notifying Lessor in writing at any time before possession
is delivered, in which case, any security deposit or prepaid
rent must be returned.
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Rules
and Regulations |
5. The rules
and regulations in this Lease are hereafter published as "Community
Policies and Guidelines", Rules or Regulations and such
other amendments and modifications are as may from time to time
be made by the Lessor, shall be part of this Lease; Lessee covenants
that said rules and regulations shall be faithfully observed
by Lessee, all Occupants and all persons invited by Lessee onto
the apartment community.
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Restrictions
On
Use
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6. Lessee will
not use or allow to be used said apartment for any disorderly
or unlawful purpose, or in any manner offensive to the occupants
of other apartments; said apartment shall be kept in clean, safe,
and sanitary condition, and will be used for residential purposes
only for such persons as are specifically designated by Lessee
as Occupants herein; the Premises shall be occupied by no other
persons whatsoever; any other proposed occupant must fill out
a Lease Application, be subject to Lessor's qualifying criteria
and approved by Lessor. A new Lessee must sign a Lease and be
subject to all rules, regulations, policies and guidelines, as
set forth herein. Nothing shall be done, nor anything brought
into said premises, which will increase the rate of fire insurance
on said building or on the property. In addition, Lessee will
not carry on any business in said apartment. Neither Lessee its
occupants, guests or invitees shall use the apartment, apartment
community, or surrounding areas for any disorderly, disturbing
or unlawful purpose. Lessee, its occupants, guests or invitees
shall not engage in any offensive, threatening, abusive or harrassing
behavior, either verbal or physical or any form of intimidation
or aggression directed at other residents, occupants, guests,
invitees and shall not engage in any offensive, threatening,
abusive or harrassing behavior, either verbal or physical, or
any form of intimidation or aggression directed at other residents,
occupants, guests, invitees or directed at management, its agents,
employees or vendors.
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Subordination |
7. This Lease
and all of its terms, covenants and provisions are subject and
subordinate to any mortgage or Deed of Trust constituting a lien
now or hereafter placed upon the property of which the demised
premises is a part. Lessee agrees to attorn to and to recognize
the mortgagee or trustee or the purchaser at any sale pursuant
to the enforcement of any such obligation as Lessor for the balance
of the term of this Lease subject to all terms and provisions
hereof. Lessee hereby constitutes and approves Lessor as Lessee's
attorney-in-fact to execute any such document or certificate
for and on behalf of Lessee. Lessor may assign this Lease or
any of its rights herein at any time.
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Liability |
8. Lessor shall
not be liable to Lessee, its Occupants or his agents, guests,
or invitees for any damage caused to his or their person or property
by water, rain, snow, ice, sleet, fire, storms, other acts of
God and accidents, or by breakage, stoppage, or leakage of water,
gas, heating, and sewer pipes or plumbing on or about, or adjacent
to the premises and Lessee does hereby release and discharge
Lessor, its representatives, agents, servants, and employees
from liability for any injury or damage to the person or property
of the Lessee or the members of his household, his agents, guests
or invitees, resulting from any cause whatsoever by Lessor, its
representatives, agents and employees excluding negligence or
violation of law. Lessee shall obtain apartment renters insurance
and any claim for damages to property of any Lessee shall be
made to said policy of insurance.
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Utilities |
9. Lessee shall
pay utility bills for all items not included in the base rent
for the premises when and as the same shall become due and shall
make all required deposits with public utility companies. Failure
of Lessee to engage and maintain such utilities shall be deemed
a substantial breach of lease that warrants eviction. Lessor
may at his option convert from master metering to individual
metering for each apartment pursuant to applicable law.
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Personal
and
Property Risk
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10.All personal property placed in the leased premises,
storage room, or in any other portion of said building, the apartment
community, or any place appurtenant thereto, shall be at the
sole risk of Lessee or the parties owning the same, except that
Lessor shall be liable for and will reimburse Lessee for any
damage to the property of Lessee caused by the negligence or
violation of law by Lessor. If any goods, wares or merchandise
of Lessee or Lessee's guests shall be placed in the hand or custody
of any of the employees of Lessor for safekeeping, or for delivery
to said Lessee, or to any person for said Lessee, then such employee
shall be deemed the agent of Lessee, and Lessor is hereby expressly
released from any and all loss, damage or expense in connection
therewith.
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No
Waiver |
11. Lessor's
failure to enforce any covenant contained herein shall not be
construed as a waiver of that covenant or of any subsequent breach
thereof or of this Lease and that the liability of Lessee and
each of them shall be joint and several. Lessor shall have the
right, at its option, to waive any provision of this Lease. Such
waiver, if granted, shall be for the benefit of Lessee only and
shall not be deemed to be a general waiver for all lessees. The
granting of such a waiver to any other lessees shall not impair
or restrict Lessor's rights under the Lease, unless the waiver
is for this Lessee specifically or is a general waiver for the
benefit of all lessees in this community. Acceptance of rent
or other charges due and owing for the use and occupancy of the
Premises after issuance of Notice to Quit, the filing of a tenant
holding over, breach of lease or wrongful detainer action shall
not be construed as an acquiescence of breach or waiver by Lessor
to pursue possessory or monetary actions and Lessee consents
that Lessor may accept all sums tendered thereafter on account
and/or for use and occupancy of the premises, with all Lessor's
rights reserved.
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Lease
Binding on Occupants, Guarantors, Heirs |
12. This Lease
shall be binding upon and shall inure to the benefit of the successors
and assigns of Lessor and the heirs, executors, administrators
and to the extent herein permitted, on the assigns of Lessee,
but nothing herein contained shall be deemed to require or permit
the passing of the leasehold to Lessee's heirs, devises, or personal
representatives. All Lessees, and occupants of the Premises and
Guarantors shall be jointly and severally liable for all acts
and all sums due and owing under the Lease and for the terms
and conditions of this Lease and any extension or holdover periods
hereunder.
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Quiet
Enjoyment |
13. Upon Lessee's
faithful and full performance of this Lease, Lessee may peacefully
and quietly enjoy the premises for the term hereof subject to
the terms and conditions of this Lease.
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No
Accord: Allocation of Payments; Prior Debt |
14. No endorsement
or statement on any check, draft, money order, or any letter
or other document accompanying any check or payment of rent shall
be deemed an accord and satisfaction and Lessor may accept such
check or payment without prejudice to Lessor's right to recover
the balance of such rent or pursue any other charges or remedies
in this Lease. All sums that become due under this Lease shall
be retroactively due and may, at the Lessor's option, be added
to the arrearage for the month or months for which said charges
accrue. Once Lessee has become liable for late fees, attorney's
fees, or court costs hereunder, all said payments made by Lessee
to Lessor shall, at Lessor's option, be applied to those payments
furthest in arrears, first to late fees, costs and attorney's
fees, then to monthly rent. Should an agreement to pay any of
said charges be limited by statute, the parties agree to be bound
for payment of charges to the fullest extent permissible by law.
Placement of payments in an overnight slot, depository, mail
slot, or under the door of the management office shall not be
deemed as receipt by Lessor. Acceptance of rent or other payments
by Lessor after the effective date of any notice or action to
terminate tenancy shall not be a waiver of Lessor's right or
action in that regard. All payments tendered by money order shall
not be deemed made until actually physically received in hand
by Lessor. Lessor will provide to Lessee a written receipt of
all cash or money orders paid by Lessee to Lessor for rent, security
or otherwise.
Additionally, in the event
Lessee owes a prior debt as a result of having been a former
resident at a property managed by Southern Management Corporation,
at Lessor's option, any sums paid by Lessee to Lessor as a result
of this Lease may first be applied to that prior indebtedness.
Lessee shall make all rental
payments in full. Payment or receipt of a payment of less than
the amount stated in the lease shall be deemed to be nothing
more than partial payment made on the account. Under no circumstances
shall Lessor's acceptance of any payment constitute an accord
and satisfaction. Nor will Lessor's acceptance of any payment
forfeit Lessor's right to collect the balance due on the account,
despite any endorsement, stipulation, or other statement on any
check, draft or money order.
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Payment
of Rent: Action by Lessor Upon Default |
15. Rent is
due and payable in full, in advance, on or before the first day
of each month ("due date") without a grace period.
Time is of the essence. Should Lessee at any time during occupancy
of the leased premises fail to timely pay any one of the monthly
installments of rent reserved as aforesaid or should Lessee violate
any one of the agreements, covenants, terms or conditions of
this Lease, or any rules, regulations, policies or guidelines
promulgated by Lessor under this Lease or hereafter adopted by
Lessor, then in such event Lessor shall have the right to avail
itself of all legal remedies including the right to re-enter
and take possession of the premises by legal process from the
court having jurisdiction over the premises and without any previous
demand or notice, except such notice as may be required by any
applicable state statute or county ordinance. The covenant to
pay rent in a timely manner is independent of any and all claims
or causes of action Lessee may have against Lessor and, therefore,
if Lessor files legal action to collect rent or other charges
due under this Lease, Lessee consents and agrees not to interpose
any counter-claim or assert any set-off in said proceedings.
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Legal
Proceedings and Attorneys Fees |
16. If Lessee
shall violate any covenant, term or condition of this Lease,
including the covenant to pay rent, and the Lessor shall employ
an attorney to file suit or to take other action arising out
of the lease or occupancy of the premises, the Lessee shall be
liable to pay all costs thereby incurred by the Lessor, including
reasonable attorneys fees, as follows:
1) Attorney's
fees of not less than $40.00 plus costs for each case filed for
non-payment of rent or forcible detainer action plus and Lessor's
actual costs and attorneys fees for all other possessory actions
including actions for tenant holding over, breach of lease or
wrongful detainer filed under Federal, state, county or local
law, codes or statutes;
2) Lessor's actual
costs and attorneys fees of 20% of the indebtedness for recovery
of balances due and owing under the Lease of for occupancy of
the premises and for damages to the Premises beyond reasonable
wear and tear instituted after Lessee or occupants have quit
and/or vacated the premises. In such cases, at Lessor's option,
the parties consent to jurisdiction and venue in the courts of
the principal place of business of Lessor's managing agent.
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Bankruptcy
of Leasee |
17. In the
event Lessee is adjudicated bankrupt or makes an assignment for
the benefit of creditors, this Lease, shall at Lessor's option,
cease and determine, and said premises shall be surrendered to
Lessor, who hereby reserves the right to forthwith repossess
the premises in accordance with applicable law.
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No
Drugs; Unlawful Activity; Other Prohibtions |
18. Lessee
hereby covenants that neither he nor any occupants, permittees,
guests or invitees shall use the premises or any part of the
apartment community or surrounding areas for any unlawful purpose
including but not limited to the unlawful possession, manufacture
or distribution of a controlled dangerous substance, or any apparatus,
equipment or paraphernalia related thereto. Possession of guns
or weapons upon the premises or any part of the apartment community
is strictly prohibited. The parties agree that violation of this
provision shall be deemed a substantial and material breach of
lease that warrants eviction and that Lessor may terminate this
Lease immediately as a result of said breach.
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Damage
to Premises |
19. Lessor
shall make necessary repairs to the leased premises and equipment
and fixtures belonging thereto whenever they have been damaged
by misuse or neglect of the Lessee, his family, servants or visitors,
and if Lessor makes said repairs, Lessee agrees to pay the cost
of same upon presentation of a bill. Such charges may be substantiated
upon written request. At the termination of this tenancy, Lessee
shall return the leased premises in the same good order in which
they now are, ordinary wear and tear excepted. Lessee shall give
the Lessor prompt notice of any defects in or to the water or
steam pipes, electric wiring, heating apparatus or any other
part of the Leased premises, in order that the same may be repaired
with due diligence.
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Access
by Lessor for Inspection, Maintenance and Servicing |
20. Lessor
shall retain duplicate keys to all the doors of the premises
and shall have access to the premises, in order to inspect the
same or to make necessary repairs, alterations or improvements,
either in the premises or in said building. Any such work whether
requested by Lessee or directed by agent shall be accepted by
Lessee as a necessity to the tenancy. The Lessor shall have the
right, during the last thirty days of the term hereby created
to show the leased premises to prospective Lessees; and during
the last ten (10) days of said term shall have access to the
leased premises in order to make repairs or redecorate same for
the incoming Lessee should it deem this action necessary. The
Lessor shall exercise these rights of access only after due notice
to the Lessee and without objection by the Lessee, and shall
supply such services, except in an emergency only during normal
business hours. Normal business hours shall exclude weekends
and Federal and State holidays unless otherwise agreed to between
the parties but nothing herein shall prohibit the Lessor from
entering upon the premises in an emergency or after due notice
has been given when the Lessor has good cause to believe the
Lessee may have damaged the premises.
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Restrictions
on Subletting, etc. |
21. Lessee
covenants that the premises shall be used for residential purposes
only, and shall be occupied only by the Lessee and persons as
set forth in this Lease and shall be occupied by no other persons
whatsoever. The number of occupants shall not exceed the number
set forth herein and Lessee shall not sublet, assign, or transfer
this Lease, or rent the premises or any part hereof, or suffer
or permit the premises or any part thereof to be used by any
additional occupant, without the prior written consent of the
Lessor, which consent shall not be unreasonably withheld. The
Lessee shall not take any roomers or boarders into the premises
and shall not permit any guest to live at the Premises in excess
of two (2) weeks on the aggregate during any calendar year unless
prior written consent is obtained from Lessor. 01/99
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Pets |
22. LESSEE HEREBY
COVENANTS AND AGREES THAT NEITHER HE NOR ANY OCCUPANT OF HIS
APARTMENT WILL PERMIT, KEEP, HARBOR, OR BRING UPON THE DEMISED
PREMISES OR THE COMMUNITY GROUNDS ANY NON-HOMO SAPIEN ANIMAL
OR PETS OF ANY KIND WHATSOEVER WITHOUT PRIOR WRITTEN CONSENT
OF LESSOR. Lessee further agrees not to allow or permit occupants,
guests, invitees or licensees to bring any such animals of any
kind into or upon the leased premises or the community grounds.
In the event a pet is permitted and said pet causes property
damage, personal injury or death to an individual upon the premises
or community grounds, Lessee shall be solely responsible therefore
and shall fully indemnify Lessor for all costs, judgements, damages,
awards and attorneys fees caused as a result thereof. In
the event Lessor grants permission for Lessee to keep a pet upon
the premises nothing herein shall prohibit Lessor from charging
a pet fee, in addition to the rent set forth herein.
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| Uninhabitability of Premises |
23. If the
premises is damaged by fire, rain, wind, or other cause beyond
control of Lessor, unless the same shall occur for any reason
for which Lessee is responsible, the premises shall be repaired
within a reasonable time at the expense of Lessor; and in case
the damage rendered is so extensive as to render the premises
untenantable, the rent shall cease until the premises is repaired.
If the premises is totally destroyed without fault of Lessee,
rent shall be paid up to the time of destruction, and this Lease
shall come to an end. Any claim for abatement of rent, set off
from rent due or constructive eviction based on housing code
violations or uninhabitability of the premises may only be made
during the lease term by a named Lessee provided Lessee first
pursues said claim with the appropriate county administrative
agency which must declare that said housing code violation that
would warrant an abatement, set-off or constructive eviction
and that said condition persists after Lessor has had a reasonable
opportunity to cure said defect after notice in writing.
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Alterations |
24. Lessor
hereby acknowledges its duty to furnish to Lessee an itemization
of any damages charged by Lessor together with a detailed statement
of any costs actually incurred by Lessor in connection with damage
to the leased premises for which Lessee is charged. Said itemization
of damages will be made at the time and in the manner prescribed
by applicable law.
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Employee
Transfer Clause |
25. In the
event that the Lessee shall experience an involuntary change
of employment from the "Washington Metropolitan Area"
or the "Baltimore Metropolitan Area" if the community
is located in either Baltimore City, Baltimore County, or Howard
County (herein defined as a fifty (50) mile radius from the leased
premises) or death of the major wage earner before the expiration
of the lease term, and upon satisfactory written proof thereof,
Lessee upon (a) the giving of one (1) month's written notice
from the first of the next month to Lessor of his intention to
move, (b) the payment of all rent and miscellaneous charges in
arrears, if any, (c) the payment of a sum equal to one (1) month's
rent as liquidated damages subsequent to date of vacation, and
(d) the payment of any money that shall be due Lessor by virtue
of Lessee's violation of any of the terms and provisions of this
Lease relating to the actual use of the leased premises, plus
any cost to Lessor for painting or otherwise preparing the apartment
for reoccupancy, shall be entitled to terminate this Lease and
thereby be relieved of any further liability on account of the
rent for the unexpired portion of said term.
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Military
Transfer Clause |
26. Notwithstanding
any other provision hereof, if a Lessee who is on active duty
with the United States military (1) receives permanent change
of station orders or temporary duty orders for a period in excess
of three (3) months; (2) is discharged or relieved from active
duty with the armed forces; or (3) has been ordered to occupy
on-base housing, Lessee may terminate this Lease by providing
Lessor with thirty (30) days prior written notice along with
a copy of said assignment, orders or discharge. Liability of
Lessee for rent under the Lease may not exceed: (1) 30 days'
rent after written notice and proof of the assignment, orders
or discharge is given to Lessor; and (2) the cost of repairing
damage to the premises including the cost of painting, maintenance
and cleaning prorated based on the number of months the unit
is occupied.
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Transfer
of Security Deposit |
27. In the
event of the transfer of this building or of the land on which
it stands, or the transfer or assignment by Lessor of this Lease,
Lessor shall have the right to transfer the security deposit
to the transferee, and Lessor shall be released from all liability
for the return of the deposit and Lessee shall look solely to
the new Lessor for any return thereof.
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Condemnation |
28. In the
event the premises or any part hereof are taken by condemnation
by any governmental agency or authority, this Lease shall be
terminated at the option of Lessor and Lessee waives any right
to damages or to participate in the proceeds or award made by
reason thereof.
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Cancellation;
by Lessee; Abandonment |
29. If Lessee
shall give such notice to terminate during the initial lease
term, then Lessee shall 1)pay the cost of cleaning and repairing
the leased premises, plus all administrative expenses and the
cost of advertising, and 2) pay any and all charges made by Lessor
for damage to the leased premises, ordinary wear and tear excepted;
and 3) Lessee shall be and remain liable to Lessor for rent for
the remaining period of the initial lease term for which the
leased premises is vacant and unrented, it being understood and
agreed that Lessor will use its best efforts to let the leased
premises to other persons for such remaining period. If the Lessee
shall abandon or quit and vacate the leased premises, voluntarily
or involuntarily, except as provided herein, Lessee shall remain
liable for all charges under this Lease for the balance of the
lease term. The Premises may be relet by the Lessor for such
rent and upon such terms as the Lessor may deem reasonable and
advantageous; in the event of such reletting, the Lessee shall
be and remain liable only for the deficiency in rent, any expenses
incident to such reletting, any damages which the Lessor may
have sustained by virtue of the Lessee's use and occupation of
the leased premises, and all costs for redecorating the premises.
If the Lessee moves out or abandons the demised premises or is
disposed thereof voluntarily or involuntarily, he is to remove
all of his personal property from the premises prior to such
move-out abandonment or dispossession, then, in that event, any
such personal property of any kind whatsoever found upon the
leased premises shall be deemed to be abandoned by the Lessee
and shall become the property of the Lessor, who in any event
shall not be liable to the Lessee for its loss, destruction,
or damage thereto.
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Action
by Lessor Upon Default |
30. Should
Lessee fail to pay any one of the monthly installments of rent
when the same shall become due or should Lessee violate any one
of the terms or conditions of this Lease, or any rules and regulations
herein, or hereafter adopted, Lessor shall have the right and
option to re-enter and take possession of the premises forthwith,
by legal process from the Court having jurisdiction over the
premises or to terminate this Lease by giving Lessee, personally
or by leaving or mailing to the leased premises, a 30-day written
notice to quit and/or vacate the premises and this Lease shall
terminate upon the last day of the next succeeding month after
which said notice is given. In either case, Lessee shall remain
fully liable to Lessor for sums equal to the amount of each full
month's rent plus other charges set forth herein to the lease
termination date or until the premises are re-rented, plus damages.
Furthermore, in the event sums remain due and owing under the
Lease after Lessee has vacated the premises, Lessee hereby authorizes
Lessor to report any and all such delinquencies to any credit
reporting agencies at Lessor's option.
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Severability |
31. If any
term, covenant, condition, or provision of this Lease, or the
construction thereof to any person or circumstance, shall to
any extent be deemed invalid, unenforceable or in conflict with
any law or statute, the remainder of this Lease, or the construction
of such term or provision to persons or circumstances other than
those to which it is held invalid or unenforceable, shall not
be affected thereby, and each term, covenant, condition, and
provision of this Lease so affected shall be valid and enforced
to the fullest extent permitted by law.
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Notices |
32. All notices
authorized or required by the terms of this Lease shall be in
writing, signed and be given by regular mail, postage prepaid,
or hand delivered to the Lessee at the apartment address herein
above provided, or to the Lessor at the address where rent is
paid.
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Management |
33. The fee
simple owner of the premises has appointed and designated SOUTHERN
MANAGEMENT CORPORATION, as its lawful agent to manage, control
and enforce the terms of this Lease, the Addendums attached hereto,
and to enforce the said Lease on behalf of and in the name of
the Owner. SOUTHERN MANAGEMENT CORPORATION, is assignee of all
causes of action arising under this Lease. Any action by SOUTHERN
MANAGEMENT CORPORATION, shall be conclusive as to Lessee who
has no right to inquire into the extent and terms of SOUTHERN
MANAGEMENT CORPORATION's agency for Owner.
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Entire
Agreement
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34. Lessor
and Lessee covenant and agree that this Lease contains the entire
agreement of the parties. No oral representations, oral agreements,
collateral or other provisions are incorporated herein, other
than Addendum A, Addendum B (Policies and Guidelines), and those
specified herein, copies of which are attached hereto and receipt
of which are hereby acknowledged by Lessee. No oral modifications
shall be made to the terms and conditions of this Lease. Lessee
acknowledges that prior to the signing of this Lease the Lessor
delivered to the Lessee, a copy of the proposed Lease and that
the Lessee was given an opportunity to examine said proposed
Lease and the premises and that said are acceptable and in good
order. This Lease and the attachments hereto have been executed
by Lessee under seal and Lessee acknowledges that a copy thereof
was delivered to him at the time the Lease was fully executed.
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