RESIDENTIAL LEASE
CONTENT
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Residential Lease
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Lead Paint Disclosure
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Pet Addendum
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Renter Insurance Addendum
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Guarantor Addendum (If Applicable)
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Repair and Service Cost Sheet Addendum
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Mold and Moisture Addendum
1. PARTIES
1.1 Parties to Lease.
This Residential Lease Agreement ("Lease") is entered into by AllStreet Properties, LLC ("Landlord") and the following individual(s) ("Resident"), who shall be jointly and severally responsible under this Lease.
1. Name:
Email:
Phone:
2. Name: Email: Phone:
3. Name: Email: Phone:
4. Name: Email: Phone:
5: Name: Email: Phone:
6: Name: Email: Phone:
Additional Occupants (Minors or Others Not Signing the Lease): All other individuals, including minors or elderly persons who will reside at the property but are not signing this Lease, must be listed below
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
1.2. Communications. Resident agrees to notify Property Manager in writing within five (5) days of any changes that occur from the original rental application, including changes to home or mobile phone numbers, email addresses, pets, and the addition or deletion of any Occupants. Resident must maintain a phone number local to the continental United States. Resident authorizes Landlord and its agents to send text messages to any mobile phone number given, in order for Landlord to convey information regarding the Premises, including rent reminders, maintenance request information, and related messages. Resident understands that standard text messaging rates will apply to any messages received, and agrees not to hold Landlord or its agents liable for any electronic messaging charges or fees generated by this service.
1.3. Compliance. Resident represents, warrants and covenants that all persons who will reside at the Premises as Lessees or Occupants are listed above. Lessees include Guarantors and any individual over the age of 18 at the time of signing this Lease for whom the Premises is the primary residence. Occupants include all minors and any individual, whether related or unrelated to any Resident or Occupant, who sleeps on the Premises for more than two (2) weeks in any calendar month at any point in the Lease Term. Resident will be held responsible for all actions and inactions of Occupants. All adult Occupants are subject to application approval requirements. All Occupants are subject to and governed by this Lease as if they were Residents, but only Resident shall be financially responsible for this Lease.
2. PREMISES
2.1. Property. Landlord rents to Resident and Resident rents from Landlord the residential property, personal property and improvements located at
Address: _________________________________________________________________________________________
The Property includes all appliances, fixtures, and equipment installed on the Property as of the Start Date (as defined below), including the following:
Refrigerator; HVAC, Oven/Range; Microwave; Dishwasher; Refrigerator, Washer, Dryer .
2.2. Property Manager. This Lease and the Premises will be managed by AllStreet PM, LLC,
+1 380 280 1874 (text only) and support@allstreethomes.com (as updated from time to time by Landlord, ‘’Property Manager”).
3. LEASE TERM, TERMINATION and TRANSFER
3.1. Term. The Lease Term begins on ____________ (“Start Date”) and ends on ____________ (“End Date”); such period being referred to as the “Lease Term”.
3.2. Possession of Premises. Resident is deemed to have possession of the Premises when keys are provided by Landlord. Notwithstanding whether Resident has possession, Resident shall be responsible for Rent and other fees under this Lease as of the Start Date and through the End Date or transfer of possession to Landlord, whichever is later. Landlord is deemed to have possession of the Premises when keys are received from Resident, however, Landlord’s acceptance of possession during the Lease Term shall not constitute a waiver any of Landlord’s rights and remedies herein.
3.3. Delay of Occupancy by Landlord. If Landlord is unable to deliver possession of the Premises within ten (10) days after the Start Date, Resident may terminate this Lease by giving written notice to Landlord before the Premises are made available for occupancy by Resident, and Landlord will refund the Security Deposit, Holding Fee, and any Rent paid. Landlord shall not be liable for incidental or actual damages to Resident due to the delay. Notwithstanding the foregoing, Resident shall not have the right to terminate this Lease because of delays caused by mere cleaning or make- ready work that does not affect habitability of the Premises.
3.4. Resident’s Refusal to Occupy. If Resident refuses to take possession of the Premises after being made available by Landlord, the obligations of Landlord under this Residential Lease shall cease and Landlord shall have the right to retain Resident’s Security Deposit and all other amounts collected by Landlord. Landlord’s acceptance of Resident’s Security Deposit and such other collected amounts do not waive Landlord’s right to exercise other available remedies.
3.5. Lease Termination; Month-to-Month Extension. Resident may terminate this Lease at the end of the Lease Term only by giving Property Manager sixty (60) days’ prior written notice of Resident’s intent to vacate. Landlord may terminate this Lease at the end of the Lease Term by giving Resident sixty (60) days’ prior written notice or as otherwise permitted herein. If neither party gives the requisite termination notice, then this Lease will continue on a month-to- month basis for successive one (1)- month terms until either party gives thirty (30) day notice to terminate a month- to-month tenancy. This shall not constitute a renewal of the Lease for any longer term. During any month-to-month tenancy, all other Lease terms will continue to apply, except that the monthly rent payments shall be increased to 120% of market Rent for the Premises. If the Resident provides notice of less than sixty (60) days of the intent to vacate, this will be considered late notice and the Resident will be charged Rent through the full sixty (60)-day notice period, prorated through the notice period.
3.6. Holdover. If Resident fails to timely vacate the Premises after giving notice of termination to Property Manager or after receiving a Landlord notice of termination, the Resident shall be considered a tenant at sufferance and the holdover will not constitute a renewal or an extension for any further term. Rent during the holdover will be two times (2x) the Monthly Rent, calculated on a daily basis, and will be immediately due and payable without notice or demand. In addition, Resident will indemnify Landlord and Landlord’s prospective new residents of the Premises for any damages, including, without limitation, lost Rent, lodging expenses, moving fees, costs of eviction, and attorneys’ fees. Landlord does not consent to any holding over by Resident. This paragraph does not limit or waive any other rights or remedies of Landlord.
3.7. Lease Transfer. During the Lease Term, as long as Resident is not and has not been in default, Resident may request to transfer to another available residence managed by the Property Manager, subject to (i) applicable income and credit qualification, (ii) execution of a new lease with a term of at least one(1) year, and (iii) the payment of a transfer fee equal to one (1) months’ current Monthly Rent, plus any applicable tax.
3.8. Early Termination. Resident agrees to pay an amount equal to two months’ Rent as liquidated damages or an early termination fee if Resident elects to terminate the Lease for any reason (other than those identified in Section 17, below) prior to the End Date of the Lease. Upon receipt of payment, the Landlord waives the right to seek additional Rent beyond the date that the Landlord retakes possession, and such termination will not be considered an event of default.
3.9. NO ORAL NOTICE; TIME IS OF THE ESSENCE. Oral notification is not sufficient under any circumstances. Time is of the essence for providing notice of Lease termination, and strict compliance with the dates by which such notice must be provided is required.
4. RENT
“Rent” will mean all Monthly Rent and additional rent Resident is obligated to pay Landlord under the terms of this Lease.
4.1. Monthly Rent. Resident will pay _____________ per month plus any applicable sales or rental tax, during the first twelve (12) months of the lease term (“Monthly Rent”). If the Lease Term is longer than 12 months, for months 13 and after, Monthly Rent will be _____________ per month, plus any applicable sales or rental tax. Landlord has the right to increase Monthly Rent for each Renewal Term. Monthly Rent automatically increases for a month-to-month extension, as provided in this Lease. Rent shall be due without notice, demand or deduction.
4.2. When Payable; Priority of Payments. Monthly Rent is payable in advance on or before the first (1st) day of each calendar month and delinquent if not received by the second (2nd) day of each calendar month. All payments made by Resident to Landlord under this Lease will, without regard to their characterization or earmarking by Resident, be allocated by Landlord in the following order of priority: (i) to late charges and amounts owed from maintenance charge-backs, fines caused by Resident, and other Resident actions or inactions in violation of this Lease; (ii) to delinquent Rent; and (iii) to current Rent due and payable.
4.3. Procedure for Making Payments. Resident may not pay Rent in cash, check, Zelle, Venmo, or Cash App. Rent may be paid only through the following methods: Electronic ACH payment, debit or credit card, or West Union only based on the instructions from AllStreet’s portal, through Landlord’s online payment portal available at allstreet.app.doorloop.com (additional fees for debit and credit card payments may apply).
4.4. Acceptance of Partial Rent. Rent must be paid in full. Landlord does not accept partial Rent payments. However, any acceptance of partial Rent by Landlord is specifically accepted with full reservation of rights, and will not waive Resident’s breach of this Lease or limit Landlord’s rights to evict Resident through eviction proceedings, whether filed before or after Landlord’s acceptance of any such partial Rent payment.
5. LATE CHARGES; OTHER FEES
Any payment due under this Lease that is not paid timely and in full shall be subject to fees and charges, which shall be deemed additional Rent.
5.1. Late Charges. Any Rent payment or portion thereof received by Landlord or its agents after the third (3rd ) day of the month will incur a late charge of $125.00 plus any applicable tax on the entire overdue amount (“Late Charge”), which will be charged on the fourth (4th) day of the month and each month thereafter in which any Rent payment, portion thereof, or Late Charge, remains outstanding. After the tenth (10th) day of the month, each 7 day delay will incur an incremental late charge of $100.00 plus any applicable tax on the entire overdue amount (“Late Charge”). If Resident pays Rent late on two (2) or more instances, then Landlord reserves the right to increase the Late Charge as permitted by applicable law and subject to the terms of any security deposit addendum attached hereto.
5.2. Insufficient Funds Fee. If a check tendered in payment of any obligation under this Lease is dishonored or returned by the financial institution on which it is drawn for any reason, Landlord shall be entitled to charge an insufficient funds fee of forty dollars ($40.00) plus any applicable tax (“NSF Fee”) in addition to all other late charges, fees, and expenses which Landlord may be entitled to recover either under this Lease or applicable law. If two (2) checks are returned at any time during the Lease Term, Resident shall make all subsequent payments in cashier’s check or money order, as Landlord may elect; cash will not be accepted.
5.3. Posting Fee. Resident shall pay a posting fee of forty dollars ($40.00) plus any applicable tax (“Posting Fee”) for notice of non-compliance of HOA or lease, or any other postings or notices required by law in connection with Landlord’s remedies.
5.4. Additional Rent; No Waiver. Any Late Charge, NSF Fee, or Posting Fee due must be paid with the current installment of Rent and all such fees incurred by Resident will be deemed additional Rent. Landlord’s acceptance of any of the fees will not constitute a waiver as to any Resident default, an extension of payment due dates, or a waiver of any other rights and remedies.
5.5. HOA Non-Compliance Fee. If Landlord receives notice of a CC&R violation at the Premises, and the Landlord determines that the CC&R violation is attributable to action or inaction of the Resident, a Non-Compliance Fee of $45.00 will be charged for notifying you of the violation, in addition to any fines assessed by the HOA.
5.6. Administrative Fees; Other Fees. Administrative fees, including an Eviction Administration Fee in the amount of $200.00, may apply from time to time.
6. SECURITY DEPOSIT
Resident must pay to Landlord an amount equal to $_____________ as a security deposit (“Security Deposit”) on or before the date Resident enters into this Lease. The Security Deposit shall be paid by ACH, Credit Card, Debit Card, Western Union, certified check, money order or cashier’s check separately from Rent and fees paid hereunder. The Security Deposit shall stand as a continuing and unconditional guarantee for the terms of this Lease and Resident’s obligations under applicable law, as well as security for the Rent, and to indemnify Landlord against any damage to the Premises or furnishings, whether caused by Resident, Occupants, or members of their family or persons upon the Premises with their consent and further to indemnify Landlord for any breach of this Lease.
6.1. No use as Rent. THE SECURITY DEPOSIT MAY NOT BE USED BY RESIDENT IN LIEU OF PAYMENT OF ANY RENT DUE UNDER THIS LEASE.
6.2. Charges After Move-Out. After you move out, there will be a move-out inspection of the Premises. You will receive notice of the inspection and a reasonable opportunity to attend, if and when required by local law. During the inspection, the condition of the Premises will be reviewed in detail along with the move-in inspection report (if applicable) and any photographs of the Premises taken before or at the time of move-in, or during the mid-year inspection (if any). Any damage or defect of the Premises that was not present at move-in, “ordinary wear and tear” only excepted, will be the Resident’s responsibility to repair or remediate, and the Landlord will charge the Resident’s security deposit accordingly. See the attached Repair Services Cost Sheet Addendum for examples of charges that may be incurred. The Premises must be professionally cleaned, including carpets. If the Premises are not left professionally clean, or if repairs that have been determined to be the Resident’s responsibility are necessary, a minimum charge of $450.00 shall be deducted from the Security Deposit to cover the cost of cleaning the Premises.
6.3. Ordinary Wear and Tear. For the purposes of this Lease, “ordinary wear and tear” is defined as usual degradation which results from the day to day use of the Premises and from lapse of time, such as the normal ageing of the Premises, its fixtures, flooring, appliances, hardware and finishes, and shall not include any of the following: improper usage, neglect or abuse, failure to professionally clean the Premises, failure to return the Premises without defect or damage (including but not limited to damaged flooring, appliances, walls or paint), pet odors and stains, and failure to comply with the maintenance obligations described in Section 12 below.
6.4. Replenishment and Assignment. If any part of the Security Deposit shall have been used by Landlord in accordance with the terms of this Lease or applicable law, Resident shall, upon demand, immediately deposit with Landlord a sum equal to the amount so applied by Landlord, so that Landlord shall have the full Security Deposit on hand at all times during the Lease Term, and any Renewal Terms or holdover thereof. In the event of the sale, transfer or assignment by Landlord of Landlord’s interest in the Premises or this Lease, Landlord shall have the right to transfer the Security Deposit to the transferee, whereupon Landlord shall be released from all liability for the Security Deposit and Resident shall look solely to the new landlord for return of the Security Deposit.
6.5. No Interest. No interest will be paid on the Security Deposit unless required by applicable law.
7. USE AND OCCUPANCY.
7.1. Condition of Premises. Resident will inspect the Premises and agrees to accept the condition “AS IS” with no warranties or promises express or implied. Resident will personally examine the Premises prior to taking possession, participate in a move-in inspection with the Property Manager and will receive the move-in inspection report or checklist, and agrees that the Premises are suitable for Resident’s occupancy. All visible damage or defect of the Premises will have been noted on the move-in inspection report. The absence of any such note will be conclusive evidence of the Resident’s responsibility of the damage or defect. Resident accepts the Premises and all furnishings, appliances, landscaping and fixtures AS IS, WITH ALL FAULTS. Except as expressly provided herein, Landlord has made no express or implied representations or warranties regarding the condition of the Premises. The Premises and any personal property or fixtures included therewith are clean and in operable condition. The taking of possession of the Premises by Resident shall be conclusive evidence that the Premises were in satisfactory condition at the time such possession was taken.
7.2. Private Residential Use Only. The Premises may be used as a private residence only. The Premises may not be used for operation of a business or commercial activity of any type, including, but not limited to, child care.
7.3. Assignment and Subletting. Resident may not assign this Lease or sublet the Premises without Landlord’s prior written consent, including temporary or “micro” tenancies such as home-sharing or vacation rentals. Any such assignment or sublease of this Lease without Landlord’s written consent is immediately voidable by Landlord. Landlord’s consent to any one assignment, transfer or sublease will not be construed as consent to any subsequent assignment, transfer or sublease and will not release Resident of Resident’s obligations under this Lease.
7.4. Homeowner Association Rules. If the Premises are located within homeowner, neighborhood, or condominium association (“HOA”), then Resident’s rights under this Lease shall be subject to the covenants, restrictions and requirements of such HOA relating to the Premises, which covenants, conditions and restrictions are hereby incorporated herein (“CC&Rs”). Resident must review and comply with all CC&Rs requirements affecting the Premises. Resident will reimburse Landlord for any fines or other charges assessed against the Premises or Landlord for Resident’s failure to comply with any such CC&Rs, whether or not Landlord has been notified of the violations or provided notice to the Resident. If (i) an HOA requires approval of this Lease and this Lease is not approved by the HOA, or (ii) violations of CC&Rs are not cured and/or paid in a timely manner, then the Resident agrees to comply with the demand of the HOA including but not limited immediately and peacefully vacating the Premises (if possession has already been given), and curing violations and/or paying fines, and in all cases holding Landlord harmless for such non- approval. Resident shall look solely to the HOA that has denied Lease approval for redress of any grievances caused thereby.
7.5. Neighborhood Conditions. Resident is advised to satisfy himself or herself as to neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may cause or affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Resident.
7.6. Pets. Residents may not harbor any pet on the Premises that is not identified in or otherwise permitted by the Pet Addendum, even if only temporarily. If Resident violates this provision, Landlord may take all or any of the following actions: (i) declare Resident to be in default of this Lease and exercise Landlord’s remedies; (ii) charge Resident, an additional one-time amount of $100 security deposit, and $49 monthly pet rent per pet; and (iii) charge to Resident Landlord’s cost to exterminate the Premises for fleas and other insects, clean and deodorize Premises, and repair any damage caused by the unauthorized pet(s).
7.6.1 For illustration, please refer to this table for pet security deposit and rent amounts, maximum 4 pets.
Number of Pets
One-Time Security Deposit
Monthly Pet Rent
Due at Signing
Check One Applies
1
$100
$49
$149
2
$200
$98
$298
3
$300
$147
$447
4
$400
$196
$596
7.7. Prohibitions. Smoking is not allowed on the Premises. Moreover, Resident shall not:
(a) install or permit any of the following on the Premises, even if only temporarily: spa, hot tub, above- ground pool, trampoline, or any item which may cause or causes a suspension or cancellation of property insurance coverage or increases property insurance premiums; or
(b) permit the Premises to be used in connection with any activity that is a nuisance, offensive, noisy, or dangerous or that involves (i) repairing a vehicle; (ii) violation of any zoning ordinance, CC&R, or other local rule or regulation; (iii) illegal or unlawful activity; or (iv) obstruction, interference with, or infringement on the rights of other persons near or about the Premises.
7.8. Parking. Resident is permitted to allow parking of up to three (3) vehicles, subject to local rules and regulations and applicable CC&R’s. Resident may not park or permit any person to park any vehicles on the grass or on the front or back yard. The driveway, garage, and/or parking space(s) are to be used for properly licensed and operable motor vehicles only and may not be used for trailers, boats, campers, RVs, buses or trucks (other than pick-up trucks). Parking areas must be kept clean. Vehicles leaking oil, gas or other fluids must not be parked on the Premises. Mechanical work or storage of inoperable vehicles is not permitted.
7.9. Storage. Resident may store only personal property owned by Resident and Occupant(s) and may not store property of others.
8. LANDLORD’S MAINTENANCE OBLIGATIONS
8.1. Maintenance. Landlord will maintain, replace or repair any items on the Premises for which applicable law dictates Landlord is responsible. Financial responsibility for such maintenance will be subject to applicable law and the terms of this Lease:
8.1.1. To the extent provided or owned by the Landlord, Landlord shall maintain, repair, or replace (as applicable), at Landlord’s expense: the roof, front and back doors, foundation, HVAC, electrical system, plumbing, hot water tank, refrigerator, stove, washer and dryer, microwave, dishwasher, structural components, exterior paint and siding (except for power-washing), locks, ceilings, exterior fencing, and Pool. Resident is responsible for notifying Landlord of any such maintenance needs. Notwithstanding the foregoing, Resident shall be liable for any damage or loss caused or permitted to be caused by misuse, negligence, or action/inaction of Resident, Occupant or their guests or invitees. The attached Repair Services Cost Sheet Addendum sets forth typical repair costs and fees that will be charged to the Resident for any such damage.
8.1.2. Landlord WILL NOT pay for costs incurred to repair the following items unless caused by Landlord or Property Manager or by their negligence or misconduct or Act of God: (i) damage to windows, screens, or interior doors; (ii) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve Premises; (iii) items that are the responsibility of Resident; and (iv) items that are cosmetic in nature with no impact on the functionality or use of the item.
8.1.3. To the extent found on the Premises, Landlord shall not be responsible for repairing or replacing the following features: built-in shelving or cabinetry in closets and garages, outdoor grills/fireplaces and any gas or electrical lines thereto, sheds, water softeners, Pool heaters, alarm systems, intercom systems, cable/satellite wiring and equipment, built-in audio systems, and central vacuum systems.
8.2. Maintenance Requests. Resident shall make all requests for the above-described repairs through the resident portal at www.allstreethomes.com or more specifically https://allstreet.app.doorloop.com/auth/login by text to +1 (380) 280-1874, by email to support@allstreethomes.com, or. If Resident is delinquent in Rent at the time a repair request is made, Landlord is not obligated to make such repair until the delinquency is cured. For emergency repairs, see section entitled “Emergencies,” below.
8.2.1. Response Time. Property Manager will make reasonable efforts to commence non-emergency repairs within 72 hours after receiving repair request from Resident. Property Manager is not obligated to make repairs on a day other than a business day unless required to do so under applicable law. Trip Charges. Trip charges include any fees or charges that the maintenance technician may charge, in addition to a $49 “trip fee”, which shall be charged to Resident as additional Rent. Trip charges will be paid by Resident in the following situations: (i) for all repair calls to the Premises made at Resident’s request, however, if the Property Manager determines that the repair falls under Landlord’s maintenance obligations under this Lease, the trip charges will be waived; and (ii) if a maintenance technician is unable to safely access the Premises after making arrangements with Resident to complete a repair, whether or not the repair call was made at Resident’s request.
8.2.2. Repair Costs. Refer to attached Repair Services Cost Sheet Addendum for examples of the cost to Resident of repairs and services for items not identified as Landlord Responsibility, and if undertaken by the Landlord, Property Manager or agent.
8.3. Advance Payments and Reimbursements. Landlord may require advance payment for repairs or payments to be paid by Resident. If advance payment is not required, Resident must promptly reimburse Landlord for all amounts due by Resident under this Lease. Landlord reserves the right to perform a repair or service to a condition on the Premises that Landlord believes could impact health or safety, whether or not the condition is the Landlord’s responsibility to remediate, and to charge the Resident the cost of the repair or service to be paid as additional Rent.
8.4. Pool. Any pool, spa or other water feature (generally a “Pool”) located on the Premises will be maintained by a service provider retained by Landlord or Property Manager. This maintenance cost in the amount of $100.00 per month will be charged monthly as additional Rent. Pool maintenance is limited to a once per week service to ensure the filtration system and chemical balance is at proper levels. The service provider will also provide a general cleaning service of the Pool on their visit. The resident should maintain the Pool in between service dates only by skimming the surface and Pool floor as well as regularly emptying skimmer baskets and removing any flotation devices or Pool toys after utilizing the Pool. The resident should not add any chemicals to the Pool nor adjust any settings on the filtration system including but not limited to valve adjustment, timer adjustment, opening pump covers, opening filters etc. Please contact Property Manager with all Pool maintenance or service needs. Resident agrees to cooperate with such maintenance by Property Manager and immediately notify Property Manager of any conditions affecting the Pool safety fencing or any enclosure screens, gates or barriers relating to the Pool. Resident shall not remove, alter, destroy, damage, or otherwise modify any such Pool safety fencing, enclosure screens, gates, or barriers relating to the Pool.
8.5. Pest Control. Landlord will provide pest control only to address infestations that compromise the structural integrity of the Premises (e.g., termites, carpenter ants). Resident will immediately notify the Property Manager if Resident suspects this type of infestation. Although all other pest control is the responsibility of the Resident, the Landlord reserves the right to remediate any pest control issues that it considers to be a health and safety issue and charge the Resident for the cost of the treatment as additional Rent.
8.6. Replacement of Fixtures. Landlord reserves the right to replace any furnishings, appliances, or fixtures with similar items. Landlord is not required to replace any furnishings, appliances, or fixtures with the exact brand, style, grade, color or accessories, so long as the replacement is fit for its use.
8.7. No Landlord Duty to Maintain Personal Property. Landlord will have no duty to maintain, repair or replace any appliances or other personal property owned or placed on the Premises by Resident.
8.8. Limitation of Liability. There shall be no allowance to Resident and no liability on the part of Landlord by reason of inconvenience or annoyance arising from the making of any repairs, alterations, additions or improvements to the Premises.
9. RESIDENT’S MAINTENANCE OBLIGATIONS:
Resident shall maintain the Premises in good, clean and tenable condition throughout the tenancy. Resident is financially responsible for the minor repairs and ordinary maintenance of the Premises unless expressly stated otherwise in this Lease. By way of example, Resident shall:
(a) notify the Property Manager of any material issues with the Premises;
(b) promptly dispose of all garbage in appropriate receptacles;
(c) supply and change heating and air conditioning filters at least once a month;
(d) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage-door openers, ceiling fan remotes, and other devices (of the same type and quality on the Premises on the Start Date);
(e) take action to promptly eliminate any dangerous condition on the Premises;
(f) repair all clogged drains and toilets, except when caused by roots or breakdown not caused by Resident;
(g) repair damage to the Premises due to break-in, vandalism, or the fault of Resident or Occupant or Resident’s or Occupant’s guests or invitees;
(h) winterize the Premises – e.g., maintain minimum levels of heat to prevent freezing of water pipes and outdoor spigots, wrapping of outside water main in winter, removal of snow accumulations, removal of ice from front of Premises, etc.;
(i) repair or replace sprinkler heads and above-ground irrigation;
(j) repair or replace mailboxes and pay for the community or group mailbox key(s);
(k) replace any lost or misplaced keys;
(l) pay for any periodic, preventative, or additional pest control or extermination services desired by Resident, including bed bugs, fleas, ticks, scorpions, ants, etc.;
(m) comply with the Mold Addendum attached to this Lease; and
(n) adhere to the requirements of the Resident Guide, as modified from time to time.
9.1. Emergencies. Emergencies must be reported immediately to Property Manager by reporting on the Resident Portal, or texting to +1 380 280 1874 (text only #) and email support@allstreethomes.com. Emergencies include, but are not limited to:
(a) Electrical: sparking, fire, smoke, overheated fixtures.
(b) Fire: Resident must first notify the fire department immediately, followed by an emergency call to Property Manager.
(c) Lack of Heat: ONLY if it poses a health risk to Residents or Occupants.
(d) Lack of Air Conditioning: ONLY if it poses a health risk to Residents or Occupants.
(e) Heavy Structural Damage: roof, foundation or walls.
(f) Plumbing: Flooding or stoppage of drains due to roots or breakdown of fixture not caused by Resident.
(g) Theft: Resident must first notify police immediately.
9.2. Exterior Maintenance. Resident is responsible for all Exterior Maintenance and for the maintenance of the fencing around the Yard, both at Resident’s own expense. Unless prohibited by ordinance, applicable law, or HOA rules, Resident will water the Yard at reasonable and appropriate times. “Yard” means all lawn, shrubbery, bushes, flowers, gardens, trees, rocks, or other landscaping features and foliage on or encroaching on the Premises, but does not include common areas maintained by an HOA. “Exterior Maintenance” means performing activities such as, but not limited to, mowing, fertilizing, trimming bushes, tree trimming up to eight feet (8’) in height, controlling pests in, and removing debris from the Yard, and power-washing the exterior of the Premises, including exterior walls, walkways and patios.
9.3. Prohibitions. If Resident installs any fixtures on the Premises, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of Landlord and may be removed by Landlord at Resident’s expense, unless removed by Resident prior to Move-out and the Premises restored to original condition. Except as expressly permitted under this Lease or in writing by Landlord, Resident may not:
(a) Remodel, paint, alter or structurally change the Premises or remove or add any fixtures;
(b) install, change, or remove any part of the Premises;
(c) remove, change, add, or re-key any lock;
(d) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock;
(e) permit water beds or other water furniture on the Premises;
(f) install phone or video cables, outlets, antennas, satellite receivers, or alarm systems;
(g) alter, replace, or remove flooring material, or wallpaper;
(h) keep or permit any hazardous material on the Premises;
(i) keep or permit any material or item which could cause any liability or fire or extended insurance coverage to be suspended or canceled or any premiums to be increased; or
(j) dispose of any environmentally detrimental substance (e.g., motor oil or radiator fluid) on the Premises.
9.4 Failure to Maintain. If any damage, beyond ordinary wear and tear (as defined above), is caused by Resident, Occupant, their guests or invitees, Resident shall be responsible for such repairs and shall pay the vendor at time of repair or pay Landlord the cost of repair with the next rental payment as additional Rent. Resident must use vendors acceptable to Landlord. Any services ordered directly by Resident without written authorization of Landlord will be at Resident’s expense. Notwithstanding any provision of this Lease to the contrary, any damage or injury to the Premises or any part thereof resulting from the misuse or negligence of Resident, Occupant, their guests or invitees shall be repaired by Resident immediately. If Resident fails or refuses to comply with Resident’s obligations under this Lease, Landlord may perform the repairs or maintenance work for Resident’s account and the cost of such work shall be paid by Resident to Landlord as additional rent within five (5) days of Landlord providing a copy of the invoice reflecting such costs.
9.5 Obligations Upon Vacating Premises. Upon termination of this Lease, Resident must (i) vacate and surrender the Premises (including any parking or storage space) to Property Manager, professionally clean, including professionally cleaned carpets and in as good condition as the Premises were at the beginning of the Lease Term, ordinary wear and tear (as defined above) only excepted; (ii) give Property Manager all copies of all keys or opening devices to the Premises, including any common areas; (iii) remove all debris and personal belongings; (iv) provide a copy of the receipt from the professional cleaning company to Property Manager in the manner directed by the Property Manager prior to termination; and (v) give written notice to Property Manager of Resident’s forwarding address.
9.5.1 Alterations and Improvements. All alterations/improvements made to the Premises, including any window treatments, light fixtures and other items mounted on the wall or ceiling, become Landlord’s property upon termination of this Lease. Landlord may charge Resident for restoration of the Premises to the condition it was in prior to any alterations/ improvements.
9.5.2 Personal Property. All personal property required to be removed by Resident at the expiration or termination of this Lease which remains on the Premises after Resident has vacated shall be considered abandoned by Resident and, at the option of Property Manager, may either be retained as Landlord’s property or may be removed and disposed of by Property Manager at Resident’s expense.
9.5.3 Charges Against Security Deposits. The Property Manager will conduct an inspection of the Premises after the Resident has vacated, and apply charges against the Security Deposit as provided in Section 6, above. Proof of professional cleaning
9.6 Smoke/Fire Alarms, Carbon Monoxide Detectors: The Premises are equipped with smoke/fire alarms and carbon monoxide detectors in accordance with applicable laws. Disconnecting or intentionally damaging a smoke/fire alarm or carbon monoxide detector, failing to regularly replace batteries, or removing a battery without immediately replacing it with a working battery may subject Resident to civil penalties and liability for damages.
10. DAMAGE TO PREMISES: The Resident shall be liable for any damage to the Premises because of the occurrence of fire, flooding or other casualty, unless sufficient evidence, as determined by a fire marshal, Landlord’s insurance adjuster, professional of similar expertise, determines conclusively otherwise. If the Premises are destroyed or damaged to the extent that they become untenable because of the occurrence of fire, sinkhole, catastrophic ground cover collapse, flooding or other casualty, this Lease shall terminate, and all Rent shall be prorated between Landlord and Resident as of the date of the occurrence of such casualty. If the Premises remain tenable after the occurrence of any casualty damage, Landlord either may within a reasonable time make, or require Resident or its insurer to make, all repairs required to restore the Premises to as good a condition as existed prior to the occurrence of such casualty, or Landlord may elect to cancel this Lease, and all Rent shall be prorated as of the date of such cancellation. Property Manager shall make all determinations regarding whether the Premises are untenable, and Resident hereby releases, indemnifies and holds Landlord and Property Manager harmless from all claims, liability and damages related to such determinations or casualty.
11. INSURANCE: At Resident’s sole expense, Resident shall maintain a renter’s insurance policy or the equivalent issued by a licensed insurance company of Resident’s selection that provides at least $100,000 for liability coverage. Resident must provide Landlord with a copy of Resident’s renter’s insurance policy prior to move-in. The policy must name Landlord, Property Manager and their successors and assigns as additional insureds and/or additional interest and must remain in place through the Lease Term and any Renewal Term or holdover thereof. If Resident fails to acquire or maintain the renter’s policy, Landlord reserves the right to take action as set forth under the Renters Insurance Program Addendum, attached, or purchase renter’s insurance on behalf of Resident and charge the cost of the policy to Resident as Rent. Landlord shall also have the right to submit a claim against the renter’s policy without Resident’s approval or consent. Landlord or Landlord’s insurance shall not be liable to Resident for loss of Resident’s personal property, furnishings, or belongings.
12. UTILITIES: Resident agrees to pay for all charges and deposits for all utilities and services used and consumed at the Premises during the Lease Term and any Renewal Term or holdover hereof (all such charges being referred to as “Utility Charges”), including, but not limited to, water, sewer, trash, gas, electricity, telephone, internet, cable television or security (“Utilities”) as applicable. Please refer to the “Utility and Services Addendum” for information.
13. RESIDENT DEFAULT: If Resident fails to timely pay any amounts due under this Lease or otherwise fails to comply with the terms of this Lease, Resident will be deemed in immediate default.
13.1. Remedies. Landlord will be entitled to exercise any and all available legal remedies, including, any one or more of the following in accordance with applicable law: (i) terminate Resident’s right to occupy the Premises; (ii) re-enter upon and take possession of the Premises; and/or (iii) declare the entire remaining unpaid Rent for the Lease Term and any Renewal Term to be immediately due and payable and take immediate action to recover and collect the same by any available procedure.
13.2. Resident Liability. Subject to applicable law, in the event of a default, Resident will be liable for (i) any lost Rent; (ii) all costs incurred in connection with re-letting the Premises, including, but not limited to, leasing fees/commissions, advertising fees, utility charges, and any other expense reasonably incurred to re-let the Premises; (iii) repairs needed to the Premises for use beyond normal wear and tear; (iv) all costs associated with eviction of Resident, including, but not limited to, attorneys’ fees, court costs, costs of service, witness fees, and prejudgment interest; (v) all costs incurred in connection with collection of amounts due under this Lease, including, but not limited to, administrative fees for lease enforcement, collection fees, late charges, and returned check charges; and (vi) any other recovery to which Landlord may be entitled.
14. INDEMNIFICATION: RESIDENT AGREES TO INDEMNIFY, DEFEND (WITH COUNSEL REASONABLY ACCEPTABLE TO LANDLORD) AND HOLD HARMLESS LANDLORD, AND LANDLORD’S PROPERTY MANAGERS, AGENTS, AFFILIATES, EMPLOYEES AND VENDORS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) (COLLECTIVELY, “CLAIMS”), ARISING FROM ANY OCCURRENCE IN OR ABOUT THE PREMISES, THE USE AND OCCUPANCY OF THE PREMISES, OR FROM ANY ACTIVITY, WORK, OR THING DONE, PERMITTED OR SUFFERED BY RESIDENT OR OCCUPANT OR THEIR AGENTS, EMPLOYEES, VENDORS, SHAREHOLDERS, PARTNERS, INVITEES, SUB-RESIDENTS OR ASSIGNEES IN OR ABOUT THE PREMISES OR DUE TO ANY OTHER ACT OR OMISSION OF RESIDENT OR OCCUPANT OR THEIR SUB-RESIDENTS, ASSIGNEES, INVITEES, EMPLOYEES, VENDORS OR AGENTS, OR FROM RESIDENT’S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LEASE (OTHER THAN ANY LOSS ARISING FROM THE SOLE OR GROSS NEGLIGENCE OF LANDLORD OR ITS AGENTS), INCLUDING, BUT NOT LIMITED TO, OCCASIONS WHEN SUCH LOSS IS CAUSED OR ALLEGED TO BE CAUSED BY THE JOINT, COMPARATIVE, OR CONCURRENT NEGLIGENCE OR FAULT OF LANDLORD OR ITS AGENTS, AND EVEN IF ANY SUCH CLAIM, CAUSE OF ACTION, OR SUIT IS BASED UPON OR ALLEGED TO BE BASED UPON THE STRICT LIABILITY OF LANDLORD OR ITS AGENTS. WITHOUT LIMITATION, THIS INDEMNITY PROVISION IS INTENDED TO INDEMNIFY LANDLORD AND ITS AGENTS AGAINST THE CONSEQUENCES OF THEIR OWN NEGLIGENCE OR FAULT AS PROVIDED ABOVE WHEN LANDLORD OR ITS AGENTS ARE JOINTLY, COMPARATIVELY, OR CONCURRENTLY NEGLIGENT WITH RESIDENT. THIS INDEMNITY PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS LEASE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTION, RESIDENT SHALL NOT BE OBLIGATED TO INDEMNIFY LANDLORD FOR THAT LIABILITY OR THE COSTS CONNECTED THEREWITH IF THE LIABILITY IS BASED UPON AN ACT OR OMISSION OF LANDLORD OR ANY AGENT OR EMPLOYEE OF LANDLORD.
15. POOL INDEMNIFICATION AND WAIVER. If the Premises includes or has access to a Pool, which for the purposes of this section includes any lake, pond or other water feature, the Resident further acknowledges that, while the Pool is enclosed from the general public, there may be no wall, fence or other barrier between the Pool and the residence on the Premises and there may be no motorized safety cover on the Pool which requires the operation of a key switch. Resident assumes all risk relating to the Pool and access thereto and hereby waives any and all claims, now existing or hereafter arising, against Landlord or its agents of any nature whatsoever regarding or relating in any way to the Pool and access thereto. In addition, Resident hereby indemnifies and holds Landlord and its agents harmless from any claims, now existing or hereafter arising, of any nature whatsoever regarding or relating in any way to the Pool and access thereto that might ever exist in favor of Resident or any of Resident’s employees or invitees. Resident understands that the Pool is strictly an amenity and that the use of this amenity is not guaranteed under the terms of this Lease. Any interruption or non-availability of the use of the Pool will not violate any terms of this Lease.
16. ACCESS TO PREMISES; COOPERATION
16.1. Inspections. Property Manager shall have the right to enter the Premises at any time during the Lease Term or any Renewal Term or holdover thereof with Resident’s consent or after twenty four (24) hours’ notice (verbal or written) to Resident (except in case of emergency or to preserve the Premises or human life, in which case notice shall not be required), for the purpose of inspecting the Premises and documenting the condition of the Premises, preventing waste thereto, performing scheduled service or preventative maintenance, discharging any duty imposed upon Landlord by this Lease or by law, or for the purpose of showing the Premises to prospective purchasers, tenants, or lenders or for other reasonable business purposes.
16.2. Signs; Cooperation with Financing and Sales Efforts: Resident authorizes Landlord and Property Manager to prominently display a “For Sale”, “For Lease”, “For Rent” or similarly worded sign on the Premises at any time during the Lease Term or any Renewal Term or holdover thereof. In addition, Landlord, Property Manager or their agents may take interior or exterior photographs or images of the Premises and use the photographs or images in advertisements to lease or sell the Premises. Resident further agrees to cooperate with any financing, sale, or other transfer or disposition relating to the Premises and agrees to take such actions and execute such documents as reasonably requested by Landlord, Property Manager, a lender, a holder or beneficiary of any direct or indirect interest in the Premises, or any other party in connection with the business purposes of Landlord or its affiliates.
17. SPECIAL STATUTORY RIGHTS: Depending on the location of the Premises, Resident may have special statutory rights to terminate this Lease early in certain situations such as military service and domestic violence.
17.1. Military Service. As provided by the Servicemembers Civil Relief Act (50 USC Appx. §§501 et seq. as amended) and similar local laws, if Resident is or becomes a service member or dependent of a service member, Resident may terminate this Lease by delivering to Property Manager a written notice of termination and a copy of an appropriate government document providing evidence of (i) entrance into military service, (ii) military order for permanent change of station, (iii) military orders to deploy with a military unit for not less than 60 days; or
(iv) a release from active duty after having leased the Premises while on active duty status and the Premises are 35 miles or more from the Resident’s home of record. If any of these criteria are met, Resident must provide Property Manager with a written notice of termination. Termination of this Lease will be effective on the date stated on the notice that is at least 30 days after the Property Manager’s receipt of the notice.
17.2. Domestic Violence. Landlord or Property Manager and Resident shall strictly follow all applicable law regarding Landlord’s or Property Manager’s and Resident’s responsibilities and obligations under this Lease in circumstances of documented domestic violence.
17.3. Sexual Offenses or Stalking. Landlord and Resident shall strictly follow all applicable law regarding Landlord’s or Property Manager’s and Resident’s responsibilities and obligations under this Lease in situations involving certain sexual offenses or stalking.
18. CONDEMNATION: If the whole or any part of the Premises are condemned for any public use or purpose by any legally constituted authority, with the result that the same shall not be reasonably suitable for Resident’s continued use and occupancy, Resident may cancel this Lease and Rent for the remainder of the month shall abate from and after the date of the taking. Landlord shall be entitled to any and all compensation paid by the condemning authority.
19. RESIDENT ESTOPPEL CERTIFICATE: On or before five (5) days after request by Landlord, Resident shall deliver to Landlord an estoppel certificate in such form and to such address as Landlord may require, certifying such matters regarding this Lease as Landlord may reasonably request.
20. RESIDENT REPRESENTATIONS: Resident warrants that all statements in Resident’s rental application are true and correct. Landlord and its agents have relied upon Resident’s rental application as an inducement for entering into this Lease, and Resident warrants to Landlord that the facts stated in such application are true and correct. If any facts stated in the application prove to be untrue, Landlord will have the right to terminate this Lease and collect from Resident any damages resulting therefrom.
21. MEDIATION/WAIVER OF JURY TRIAL: Resident agrees to mediate with Landlord any dispute or claim arising between them out of this Lease, or any resulting transaction, before resorting to court action. Mediation fees, if any, will be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, Resident commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then Resident will not be entitled to recover attorney fees, even if they would otherwise be available to Resident in any such action. Each of the parties hereby irrevocably waives any right to trial by jury.
22. NO ENCUMBRANCES PERMITTED: Resident has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Resident, operation of law or otherwise, to attach to or be placed upon the Premises. Landlord and Property Manager will have the right at all times to post and keep posted on the Premises any notice which it deems necessary for protection from such liens. Resident covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Resident or the Premises, and, in case of any such lien attaching or notice of any lien, Resident covenants and agrees to cause it to be immediately released and removed of record. If any such lien is not released and removed within three (3) business days following the date notice of such lien is delivered by Landlord or Property Manager to Resident, Resident will be deemed in default hereunder and Landlord may immediately take all action necessary to release and remove such lien, without any duty to investigate the validity thereof, and all sums, costs and expenses, including reasonable attorneys’ fees and costs, incurred by Landlord or Property Manager in connection with such lien will be deemed Rent under this Lease and will immediately be due and payable by Resident.
23. CONSENT, APPROVAL, DETERMINATION OR ELECTION: Where any provision of this Lease requires the consent, approval, determination, decision, election or other action of Landlord or Property Manager (collectively, “Landlord Decision”) to any action to be taken or of any instrument or document submitted or furnished by Resident or otherwise, such Landlord Decision shall be in Landlord’s (or Property Manager’s, as applicable) sole and absolute discretion, unless expressly indicated otherwise. The Landlord Decision relating to or in connection with any such act, instrument, or document shall not be deemed a waiver of, or render unnecessary, a Landlord Decision to or for any subsequent similar or dissimilar acts to be taken or instruments or documents to be submitted or furnished by Resident hereunder.
24. ADDENDA: Any (i) addenda, (ii) exhibits, and (iii) referenced rules, covenants or regulations, as Landlord may amend from time to time, are hereby incorporated into and made a part of this Lease and any violation thereof shall be a default of this Lease. In the event of a conflict of terms between any addenda and the Lease, the terms of the addenda shall apply.
25. MISCELLANEOUS
25.1. Entire Agreement. All understandings between the parties are incorporated in this Lease. Its terms are intended by the parties as a final, complete, and exclusive expression of their agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.
25.2. Changes. Neither this Lease nor any provision in it may be extended, amended, modified, altered or changed except in a writing signed by all parties hereto. This Lease is subject to the law of the state in which the Premises are located and will incorporate all changes required by amendment or successors to such law.
25.3. Counterparts. This Lease and any supplement, addendum, or modification, including any copy, may be signed in two or more counterparts, each of which will be deemed an original and all of which taken together shall constitute one and the same agreement.
25.4. Severability. If any term of this Lease is determined to be illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the minimum extent necessary to make such provision or this Lease legal, valid or otherwise enforceable, such term or provision shall be limited, construed or severed and deleted from this Lease, and the remaining portion of such term or provision and the remaining other terms and provisions hereof shall survive, remain in full force and effect, and continue to be binding.
25.5. Third Party Beneficiary. Landlord’s Property Manager is a third party beneficiary of this Lease.
25.6. Successors and Assigns. All of the covenants, conditions and provisions of this Lease shall inure to the benefit of Landlord and its respective heirs, personal representatives, successors and assigns. Landlord shall have the right to, either voluntarily, involuntarily, by operation of law or otherwise, sell, assign, transfer or hypothecate the Premises and this Lease.
25.7. Joint and Individual Obligations. If there is more than one individual who is a "Resident" or guarantor under this Lease, then each individual will be individually and completely (i.e., jointly and severally) responsible and liable for the full and complete performance of all obligations of Resident under this Lease, jointly with every other Resident, and individually, whether or not in possession. Landlord will have the right to pursue any claim of any nature whatsoever for breach of this Lease against any and all of the parties who have signed this Lease, whether a Resident or guarantor without the necessity of pursuing all of the parties in one action or at the same time.
25.8. Landlord Liability. Landlord’s liability under this Lease will be limited to Landlord’s unencumbered interest in the Premises. Neither Landlord nor any of its partners, members, officers, directors, agents, affiliates, employees, shareholders, successors, assigns or pledges, including without limitation, the person signing this Lease on Landlord’s behalf, will in any way be personally liable under this Lease.
25.9. Waiver. Any failure of Landlord or Property Manager to enforce any provision of this Lease, or to demand strict compliance therewith, shall not be construed as modifying the terms of this Lease or as a waiver of Landlord’s right to terminate this Lease or otherwise enforce the provisions hereof in connection with a Resident default or upon any subsequent default by Resident.
25.10. Notices. Any notice provided for or permitted by this Lease to be given by one party to the other shall be deemed given (i) when physically received by personal delivery, (ii) three (3) days after being deposited in United States certified or registered mail, return receipt requested, postage prepaid, (iii) one (1) business day after being deposited with a nationally known commercial courier service (such as FedEx) addressed to the respective parties at the addresses first written above, or at such other address or addresses as the parties may specify from time to time in a written notice, or (iv) sent via email. Resident’s address for the purposes of notice shall be the street address for the Premises. Landlord’s and Property Manager’s address for the purpose of notice shall be 2010 El Camino Real, #2426, Santa Clara, CA 95050. Resident’s email address is as set forth in Section 1.1, above. Property Manager’s email address is as set forth in Section 2.2, above.
26. ADDITIONAL NOTICES AND DISCLOSURES TO RESIDENT
26.1. Lead-Based Paint. The Premises may have been constructed prior to 1978. Housing built before 1978 may contain lead- based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord will disclose the potential for presence of lead-based paint and/or lead-based paint hazards in the dwelling. Resident will also receive a federally approved pamphlet on lead poisoning prevention, receipt of which Resident hereby acknowledges. In addition, Landlord provided and Resident acknowledges receipt of the disclosures on Landlord’s lead disclosure form.
26.2. Asbestos. The Premises may contain asbestos, a substance known to cause cancer. If the Premises contains asbestos, disturbance or damage to certain interior surfaces may increase the potential exposure to this substance. Resident, Occupant, and their invitees and guests must not take or permit any action which in any way damages or disturbs the ceiling in the Premises or any part thereof, including, without limitation, (i) piercing the surface of the ceiling by drilling or any other method; (ii) hanging plants, mobiles or other objects from the ceiling; (iii) attaching any fixtures to the ceiling; (iv) allowing any objects to come in contact with the ceiling; (v) permitting water or any liquid, other than ordinary steam condensation, to come into contact with the ceiling; (vi) painting, cleaning or undertaking any repairs of any portion of the ceiling; (vii) replacing light fixtures; (viii) undertaking any activity which results in vibration which may cause damage to the ceiling; (ix) or altering or disturbing the heating and ventilation system serving the Premises, including any ducting connected thereto. Resident must notify Landlord and its agents immediately in writing of any damage to or deterioration of the ceiling in the Premises or any portion thereof, including flaking, loose, cracking, hanging or dislodged material, water leaks, or stains in the ceiling, or upon the occurrence of any of the events described above.
26.3. Registered Sex Offenders. Information about specified registered sex offenders is made available to the public via an internet website maintained by the U.S. Department of Justice. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. Resident is encouraged to search such websites prior to executing this Lease.
26.4. Credit Reporting Agencies. In addition to favorable payment history, unpaid Rent or unpaid payment for any other amounts due under this Lease are reportable to credit reporting agencies.
26.5. Release of Information. Resident authorizes Landlord and Property Manager to release any information regarding Resident or any Occupant(s) as may be required by law or requested by governmental authorities or agencies, law enforcement agencies, or courts, or others for marketing and similar purposes in accordance with Landlord’s privacy policy. Resident further authorizes landlord and Property Manager to release contact information to vendors for purpose of scheduling preventative maintenance and/or service requests.
26.6. Limitation of Warranties: There are no implied warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of this Lease, and there are no warranties that extend beyond those expressly stated in this Lease.
26.7. Careful Review. This Lease is binding upon final acceptance and execution by the parties. READ ALL OF THE TERMS OF THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult with an attorney before signing.
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