AGREEMENT OF LEASE
This agreement of Lease, made this ____________ day of ______________________, ________ between Trinity Properties, hereinafter called "Lessor", and _________________________________________________________________________________________ herein called "Tenant".
WITNESSETH: That the Lessor lets unto the Tenant that certain apartment described below, under the terms and conditions set forth below. The apartment is to be used for private, residential purposes only.
Address: _________________________________________________________________________________________ (Apartment Number, Street Address, City, State, and Zip Code)
1. This lease shall begin as of the ________ day of ______________________, _______, and unless sooner terminated as herein provided, shall exist and continue until and including the _________ day of _____________________, ________.
2. The rental to be paid by said Tenant for said premises shall be payable in ______ equal installments of $ ___________ on or before the 1st of each month. Although RENT is considered LATE AFTER THE FIRST DAY OF EACH MONTH, there will be a late fee charge of five percent (5%) of the rental amount on any payment received
after the fifth day of the month regardless of what day the fifth falls on and a $25.00 fee charged on any check that bounces. Court costs will be charged if payment is not received by the 15th and court papers are filed. If Tenant
fails to pay any installment of rent for a period of 10 days after written notice of default is mailed, this will
constitute a breach of contract and lessor may take possession of said premises.
The above letting is on the following terms and conditions:
FIRST: Tenant has deposited with Lessor the sum of $ ____________ as a Security Deposit for the full and faithful performance by the Tenant of the terms and conditions of the lease. A minimum of ten per cent will be applied to cleaning charges. This deposit is received and will be held and disbursed or returned to Tenant all in accordance with the North Carolina Tenant Security Deposit Act. Security Deposit Will Be Held at WACHOVIA BANK. Such deposit may be held in an interest bearing account
with interest accruing to the benefit of Landlord/Owner.
SECOND: Each and every tenant executing this lease will be jointly and severely liable for rental payments called
for thereunder.
THIRD: If (i) the above provided rents are not paid in whole or when the same shall become due as herein, required, or (ii) if tenant shall fail to perform any other promise, duty or obligation herein agreed to by tenant or imposed upon tenant by law and such failure shall continue for a period of five days from the date lessor provides tenant written notice of such failure; then in either of such events the lessor, in addition to all other rights and remedies provided
by law, may at its option, without any additional formal demand resort to any one or more of the following remedies:
(a) Terminate this lease, or terminate tenant’s right to possession of the leased premises without terminating this lease;
(b) Peacefully re-enter and repossess the premises according to North Carolina law without resorting to judicial proceedings,
(c) Institute an action in compliance with Article 2A of Chapter 42 of the General Statutes of North Carolina for summary ejectment;
(d) File a legal collection action for money damages caused by tenant’s failure to pay rent or otherwise breaching
this agreement; and
(e) Report the tenant’s delinquency to the appropriate credit bureau of agency for such action as is customarily
taken by said bureau."
FOURTH: Either party hereto may terminate this lease at the end of said term by giving the other at least one
month’s written notice prior to the end of said term. Provided, however, if this lease is not so terminated by written notice as provided herein, it shall be deemed to continue after said term on a month-to-month basis, subject to
all the terms and conditions hereof. After the initial term terminates and if the tenancy continues on a
month-to-month basis as herein provided, both parties must still give at least 30 days written notice prior to termination.
FIFTH: The premises should be used for residential purposes only and shall be occupied only by the Tenant
and any persons listed on the application as being members of the Tenant’s immediate family. All "roommates"
not members of the same family shall execute this lease. Tenant shall be responsible for maintaining the
premises in a clean, healthy and attractive condition, including the apartment itself and any adjoining patios,
porches or balconies. Balconies, patios and porches shall not be used for storage or the collection of debris.
The premises shall be put to no commercial use. No waterbeds shall be allowed on the premises. Only licensed and operating passenger vehicles (including pick-up trucks up to one-half ton) shall be parked by Tenant in any of the parking lots serving the apartment complex. Vehicles without current licenses and/or inspection stickers or those not parked in designated parking areas will be towed without notice and at the tenant’s expense. Recreational vehicles, boats and trailers may be parked only in areas designated by Lessor. Tenant will not use or permit to be used the roof of the premises or injure or disfigure the exterior of the premises in any way.
SIXTH: By signing this Agreement, the Tenant acknowledges that the unit is safe, clean and in good condition, except as described on the Unit Inspection Report. The Tenant agrees that all appliances and equipment in the unit are in good working order, except as described in the Unit Inspection Report. The Tenant also agrees that the Landlord has made no promises to decorate, alter, repair or improve the unit, except as listed on the Unit Inspection Report. The Tenant may notify Landlord of any other deficiencies in the unit existing at the time of occupancy during the first five days of tenancy, thereafter, the Unit Inspection Report shall be deemed conclusive.
SEVENTH: Tenant is solely responsible for lockouts. Tenant recognizes and agrees that Lessor does not remove ice and snow. Tenant, at tenant’s expense, is responsible for cleaning chimneys and flues as necessary before using fireplaces. Lessor will not be liable for nor pay for any expense contracted by Tenant to service tenant’s dwelling.
EIGHTH: Tenant shall pay and be responsible for all services and utilities separately metered to the premises leased. Tenant will deal with such utility and service companies individually, applying for such service or utilities in Tenant’s own name and paying any deposit that may be required by any utility company. Lessor shall be responsible and pay for any utilities or services not individually metered to the leased premises but served by a master meter for the entire apartment complex. For any utility or service which is master metered and paid by Lessor, Tenant is authorized to use only so much of such service or utility as is customary for the apartment unit. The flagrant wasting of energy by the Tenant (such as the running of the heating or air conditioning systems with the doors and windows open) shall be deemed grounds for termination of this lease.
NINTH: Household pets shall not be kept or maintained in the premises without written consent of the Lessor and a $75.00 annual, non-refundable Pet Fee paid by Tenant. In addition there will be a $5.00/month pet fee added to the rent.
AGREEMENT OF LEASE Page 2
TENTH: Lessor shall not be held responsible for a failure to supply heat or air conditioning if such failure is the result of conditions or breakdowns beyond Lessor’s control, nor shall such failure be grounds for cancellation hereof. However, Lessor must exercise reasonable diligence to remedy the breakdown failure of any heating or air conditioning system. Tenant shall not use any method of heating or cooling other than that provided by the Lessor.
ELEVENTH: Without prior written consent of the Lessor, Tenant shall not assign or sublet all or any part of the premises nor allow the premises to be occupied by persons other than those signing this lease or persons expressly named on the Tenant’s application.
TWELFTH: Tenant shall deliver up said premises at the termination of this lease in good order and condition as the same are in at the inception of this lease, reasonable wear and tear excepted. Tenant shall not make any alterations or additions without Lessor’s written consent. Any addition made or fixture added with written consent of the Lessor shall be left with the premises and become the property of the Lessor at the termination of this lease.
THIRTEENTH: Should the Lessor be unable to deliver possession of the premises at the inception of this lease through no fault of Lessor’s, the Lessor shall not be liable to the new tenant for any damages other than to rebate any advanced rent and deposit paid. If possession cannot be given within seven (7) days from the time the term is to commence, either party may terminate this Lease, with written notice.
FOURTEENTH: Tenant agrees to allow the Lessor or his representative at any reasonable hour, and always during normal business hours, to enter the said premises for the purpose of inspecting the same and for making repairs the Lessor deems necessary or desirable; or for showing the premises to other prospective tenants after a vacating notice has been given. Also, during the last ten days of vacate notice period, Lessor may enter the premises for the purpose of cleaning and redecorating if such work can be done without damage to the Tenant or the Tenant’s property.
FIFTEENTH: Lessor shall be in no way liable for any damage to or loss of Tenant’s personal property. Tenant agrees to assume all risks of every kind relating to property or persons in connection with his occupancy of these premises. Tenant acknowledges that it is Tenant’s responsibility to carry such hazard insurance on his own personal property, as Tenant deems appropriate.
SIXTEENTH: The said Lessor shall not be liable for any damage or injury occasioned by or from electric wiring, plumbing, water, snow, gas steam or sewerage or any other damages or injury howsoever caused, nor shall the Lessor be responsible for any accident to the Tenant or any occupant of premises, resulting from any cause whatsoever, and the Tenant agrees that he will not hold the Lessor liable in any way, whether such accident occurred in the said premises, or in any part of the said building.
SEVENTEENTH: If during the term, the demised premises be damaged by fire or the elements, they shall be repaired by the Lessor with all reasonable diligence: and in case they shall be so badly injured that they cannot be repaired with such diligence so as to be fit for occupancy, the rent shall cease from the date of the injury until they shall so be repaired, and the tenancy shall not be terminated unless such repairs shall require more than sixty days, in which case Tenant shall have the option of vacating the premises, provided always, there shall be no cessation of rent if the damages shall have been the result of negligence, default, or willful act of the Tenant or his agent or employees.
EIGHTEENTH: Tenant will be responsible for the breakage of all glass, windows, and doors to Tenant’s premises regardless of how the same was broken, (except only breakage by Lessor or his employees or agents). Tenant will forthwith replace or arrange to replace any glass broken, or Lessor may replace glass at Resident’s cost and expense.
NINETEENTH: When storerooms are provided by the Lessor to accommodate the Tenant in the storage of trunks or other articles, it is with the express understanding that such space is furnished by the Lessor and that the tenants using the same do so at their own risk and upon the express stipulation and agreement that Lessor shall not be liable for any loss or damage or injury whatsoever for any item stored in such storeroom. If individual storage bins are provided, Tenant is responsible to keep bins locked and properly identified as to name and apartment. No flammable liquids are to be stored in bins. Management may remove items left in unidentified bins.
TWENTIETH: All rights and liabilities herein given to or imposed upon the parties hereto shall extend to and be binding upon heirs, devisees, executors, administrators, successors and assigns (so far as the same are assignable) of the parties hereto.
TWENTY-FIRST: Bedbugs have become an increasing problem in our area. To address and avoid this potential problem we recommend that tenands do not purchas a used mattress to use in our apartments. In addition, mattresses must be elevated off the floor. However, bedbugs may be introduced in many ways. Tenant is responsible for immediate treatment (may be $350 or more per apartment) if bedbugs are detected. If tenant fails to notify us of a bedbug problem, tenant is responsible for full cost of eradicating infestation.
TWENTY-SECOND: The rules and regulations regarding these specific premises annexed to this lease and such amendments and modifications thereof as may from time to time be made by Lessor, shall be considered a part of this Agreement and Tenant covenants and agrees that said Rules and Regulations shall be faithfully observed by Tenant and all persons under Tenant’s control.
By: __________________________________________________(Seal)
By: __________________________________________________(Seal)
Tenant
__________________________________________________ (Seal)
Tenant
__________________________________________________ (Seal)
Tenant
THE LESSOR’S INSURANCE POLICY DOES NOT COVER DAMAGE BY FIRE, WATER, OR ANY OTHER CAUSE TO YOUR PERSONAL PROPERTY LOCATED WITHIN THE APARTMENT. WE STRONGLY RECOMMEND THAT YOU OBTAIN A RENTER’S INSURANCE POLICY TO COVER DAMAGE TO YOUR PERSONAL PROPERTY.