TMP Lease Documents 20231023040434
TMP Lease Documents 20231023040434
TMP Lease Documents 20231023040434
NEIGHBOR!
Welcome to your lease packet! We're going to show you around...
The lease is pretty long, and while it's all important stuff that you
should definitely read, here's a little cheat sheet:
MOVE-IN CHARGES
Before you can schedule a move-in appointment, Your
move-in charges must be paid in full via the resident
portal. This amount can be found in the "move-in
checklist" in the resident portal. Please contact the
property office if you have any questions about your
move-in charges.
MONTHLY CHARGES
Your total monthly charges, including rent, add-ons
like reserved parking or storage spaces and other fixed
fees like pet rent, community fees etc. total
$_________. This amount may not include variable
utility charges. For detailed information about your
monthly charges, take a look at the attached lease
document.
DONT FORGET...
There are a few super important things that we need
from you before we can hand over the keys. Don't
forget to purchase renters insurance, start/transfer your
electric service and pay the move-in charges listed in
the resident portal's "move-in checklist". You'll be
getting more info from us via email very soon!
Millenia 700
4845-6216-0030.1
TABLE OF CONTENTS
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IRT Lease v03302021
19. Damage by Fire or Other Casualty
20. Government Taking
21. Certain Releases and Waivers by Lessee
22. Subordination/Estoppel
23. Joint & Several Liability of Lessee
24. Applicable Law
25. Severability
26. Addenda
27. Entire Agreement
28. Lessee Execution
29. Electronic Signatures
30. Consent to Receive SMS Messages
31. Correction of Errors
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IRT Lease v03302021
This Apartment Lease (“Lease”) is entered into as of Oct 23, 2023 between Millenia 700 also known as Millenia 700
(“Lessor”) and the following named person(s) (individually or collectively “Lessee”): Carolina N Favalli
Lessor hereby leases the Apartment (specified below) to Lessee, and Lessee leases the Apartment from Lessor, subject to the
terms and conditions of this Lease.
1. Apartment; Community. The premises subject to this Lease (“Apartment”) is identified and known as Apartment
No. 3402 having an address of 4150 Eastgate Drive #3402,Orlando,FL,32839.
The Apartment and the building in which the Apartment is located are a part of a multi-building apartment community
known as Millenia 700 (“Community”) owned by Lessor.
2. Manager. Lessor has engaged IRT Management, LLC (“Manager”) to manage the Community, including the
Apartment, on Lessor’s behalf.
3. Lease Term. The term of this Lease (“Term”) will begin on 10/28/2023 ( “Start Date”) and end on 09/27/2024
(“End Date”). Notwithstanding the foregoing, this Lease will automatically extend beyond the End Date on a month-to-
month basis unless either Lessor or Lessee gives the other written notice of its intention not to renew this Lease on the
date (“Non-Renewal Notice Date”) that is sixty (60) days prior to the End Date, all as more fully described in Section 12 of
the Additional Terms below.
4. Rent. Lessee is responsible to pay to Lessor on a monthly basis during the Term the sum of the Basic Rent (defined
and set forth below) and all other elements of fixed rent applicable to this Lease as identified below:
(a) Basic Rent: $1,485.00 (“Basic Rent”) for the use and occupancy of the Apartment.
As more fully described elsewhere in this Lease, Lessee may have elected to take advantage of certain additional
amenities available at the Community and is responsible to pay, on a monthly basis in addition to the Basic Rent,
the additional amounts, if any, identified below. During the Term (and subject to availability, as applicable),
Lessee, pursuant to Lessor’s standard procedures, may elect to discontinue any of the amenities initially utilized by
Lessee or to take advantage of additional amenities, which will be documented by an addendum to this Lease
signed by Lessor and Lessee at the time of such change.
(b) Amounts of Rent: The amount(s) so payable by Lessee on a monthly basis as of the date of execution of
this Lease, if any, consist of:
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The total amount of the Basic Rent and all additional items of rent identified above as applicable to this Lease is hereafter
referred to as “Monthly Rent.” Monthly Rent is due and payable by Lessee in advance and without notice or demand on
the Start Date and on the first (1st) day of each Month thereafter during the Term, provided that if the Start Date is not the
first (1st) day of a month, the Monthly Rent for the first partial month will be prorated. Monthly Rent may be adjusted
from time to time as elements of additional Rent are added or removed from this Lease through the execution of one or
more addenda to the Lease.
In addition to the Monthly Rent, Lessee is also responsible to pay on monthly basis any and all utility costs and service
charges described as being applicable to Lessee under Section 6 of the Basic Terms below. The utility costs or service
charges payable by Lessee to Lessor that are based upon a flat rate per month under the terms of Section 6 of the Basic
Terms (“Fixed Monthly Charges”), will be payable on the first (1st) day of each month during the Term concurrently with
(and in addition to) the Monthly Rent without notice or demand. Utility costs and service charges payable by Lessee to
Lessor under the terms of Section 6 of the Basic Terms that are not based upon a flat fee (“Variable Monthly Charges”) will
be billed to Lessee monthly and will also be payable on the first (1st) day of each month during the Term concurrently with
(and in addition to) the Monthly Rent The Fixed Monthly Charges, Variable Monthly Charges, and any additional charges or
costs (including, if applicable, insurance charges) payable by Lessee to Lessor under the terms of this Lease constitute
“Additional Rent” under this Lease. Monthly Rent and Additional Rent are, collectively, “Rent.”
5. Security for Lease Obligations. Lessee is responsible for the full and faithful performance of the Lessee’s
obligations under this Lease. Unless otherwise waived by Lessor, Lessee will deposit the Security Deposit (as defined below)
and/or pay the Security Deposit Waiver Fee (as defined below), as security for Lessee’s obligations under this Lease.
(a) Security Deposit. Lessee will deposit with Lessor at the time of execution of this Lease the total amount of
$NA (“Security Deposit”) as security for the faithful performance of the Lessee’s obligations hereunder. This
Security Deposit includes a security deposit related to the Apartment and, if applicable, any additional damage
deposit referenced in any Addendum attached to and made a part of this Lease. Lessor will hold and administer the
Security Deposit in accordance with the terms of this Lease and Applicable Law. In the event this Lease constitutes
the renewal or replacement of an existing lease between Lessor and Lessee, any Security Deposit currently held by
Lessor shall be carried over and shall serve as security for the faithful performance of the Lessee’s obligations
hereunder.
(b) Alternative to Security Deposit. In lieu of making all or a portion of a traditional security deposit with
Lessor, Lessee hereby elects to pay to Lessor at the time of execution of this Lease of a non- refundable fee in the
amount of $725.00 (“Security Deposit Waiver Fee”) (which shall be in addition to any Security Deposit set forth
under clause (a), above) and Lessor agrees to accept payment of such Security Deposit Waiver Fee in consideration
of its waiving all or a portion of the requirement that Lessee make a traditional security deposit with Lessor. For
the sake of clarity, Lessor and Lessee agree that the amount of the Security Deposit set forth under clause (a)
above reflects the reduction given in consideration of Lessee’s election to pay the Security Deposit Waiver Fee. By
electing to have this Alternative to Security Deposit Provision apply to this Lease, Lessee acknowledges and agrees
that Lessor’s acceptance of the Security Deposit Waiver Fee does not in any way alter Lessee’s obligations under
this Lease to maintain the Apartment in the condition required hereunder, to deliver the Apartment to Lessor at
the expiration of the Term in the condition required hereby or in any way relieve Lessee of liability to Lessor for
damages to the Apartment caused by Lessee and, notwithstanding Lessor’s acceptance of the Security Deposit
Waiver Fee, upon the expiration of the Term of the Lease, Lessor may pursue Lessee for damages related to: (i) any
Lessee defaults under this Lease, including past due Rent; (ii) any costs incurred by Lessor to repair damages to the
Apartment, including equipment, caused by Occupants exclusive of ordinary wear and tear; and/or (iii) any
cleaning costs incurred by Lessor to return the Apartment to the same level of cleanliness it was in at the Start
Date (collectively, “Claims”).
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THE SECURITY DEPOSIT WAIVER FEE THAT LESSEE HAS ELECTED TO PAY UNDER THE TERMS OF THIS ALTERNATIVE
PROVISION IS NONREFUNDABLE. THE SECURITY DEPOSIT WAIVER FEE IS NOT A TRADITIONAL CASH SECURITY
DEPOSIT, A BOND OR INSURANCE AND DOES NOT PROVIDE LESSEE WITH COVERAGE OR LIMIT LESSEE’S LIABILITY
IN THE EVENT LESSEE OR ANY OCCUPANT CAUSES DAMAGE TO THE APARTMENT OR FAILS TO SATISFY LESSEE’S
FINANCIAL OBLIGATIONS UNDER THIS LEASE. NO PORTION OF THIS NON-REFUNDABLE SECURITY DEPOSIT WAIVER
FEE WILL GO TOWARDS SATISFYING ANY FUTURE CLAIM(S) LESSOR MAY HAVE AGAINST LESSEE FOR DAMAGES OR
CHARGES FOR WHICH LESSEE IS LIABLE PURSUANT TO THIS LEASE. THE SECURITY DEPOSIT WAIVER FEE IS
INTENDED SOLELY TO COMPENSATE LESSOR FOR THE RISK THAT IT IS ASSUMING BY WAIVING OR REDUCING THE
TRADITIONAL CASH SECURITY DEPOSIT REQUIREMENT.
(c) Use of Security Deposit. If a Security Deposit is required under this Lease, Lessor will hold the Security
Deposit in an account maintained at the following banking institution:
The account is a segregated and/or trust account to the extent required by Applicable Law. Interest on the Security
Deposit will be retained by Lessor, unless required to be paid to Lessee under Applicable Law. Subject to any
limitations under Applicable Law, upon termination of this Lease, Lessor may apply the Security Deposit against
any Claims. The Security Deposit will not relieve Lessee of any obligation to pay any Rent under this Lease prior to
termination. In the event Lessee has elected to secure its obligations under this Lease through a combination of a
Security Deposit and a Security Deposit Waiver Fee, Lessor shall have the right to apply the Security Deposit
against any Claims prior to seeking reimbursement from Lessee for such Claims and in such case, the balance of
any such Claims shall be reduced by the amount of the Security Deposit so applied against them.
(d) Return of Security Deposit. The Security Deposit and any accrued interest (if required), less any amounts
applied toward Claims, will be returned to Lessee within thirty (30) days (or shorter period as may be required by
Applicable Law) after Lessee vacates the Residence upon expiration or earlier termination of this Lease. The
returned portion of the Security Deposit will be sent as a single check payable to Lessee(s) listed in the Basic Terms,
or as otherwise agreed to by Lessor and Lessee. Any Claims will be described in an itemized statement provided
with the returned portion of the deposit. Lessee will provide a forwarding address to Lessor where the Security
Deposit, less any amounts applied toward Claims, and the itemized statement will be mailed or emailed. In the
event Lessee fails to provide a forwarding address, the Security Deposit and statement will be sent to Lessee’s last
known address, which may be the Apartment, and Lessor will not be liable for Lessee’s delayed receipt of, or
failure to receive, the Security Deposit and itemized statement.
6. Responsibility for Certain Fees, Services and Utilities . Lessor and Lessee agree that utilities and other services will
be provided and paid for as outlined below. If Lessor will initially be billed by the service provider and in turn Lessor or
Conservice (Lessor’s third party billing service) will invoice Lessee for a utility or service, the charge is payable on the first
(1st) day of each month together with (and in addition to) the Monthly Rent. For each utility identified below as a
responsibility of Lessee, Lessee will establish an account, use, maintain and/or pay for all utilities without interruption
during the term of this Lease. Lessee will provide Lessor with evidence that any applicable utilities, assessments or charges
have been paid by Lessee, upon request.
[X] Electric service consumed in the Apartment is separately metered to the Apartment. Lessee will
arrange for and will pay the cost of electricity used in the Apartment directly to the electric service
provider. Lessee will also pay to Lessor electricity charge in the amount of $_ _ per month to defray
Lessor’s cost in providing electrical service to the common areas of the Community.
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[_] Lessor will initially be billed by the service provider for electrical service and Lessor will in turn invoice
Lessee for an allocable portion of service provider’s bill determined at the flat rate of 0 per month
(which will include an $0 per month charge to defray Lessor’s cost of providing electrical service to
the common areas of the Community).
[_] Natural Gas service consumed in the Apartment is separately metered to the Apartment. Lessee will
arrange for and will pay the cost of natural gas used in the Apartment directly to the natural gas
provider. Lessee will also pay to Lessor natural gas charge in the amount of $_ 0.00 per month to
defray Lessor’s cost in providing natural gas service to the common areas of the Community.
[_] Lessor will initially be billed by the service provider for natural gas service and Lessor will in turn
invoice Lessee for an allocable portion of service provider’s bill determined as identified below:
(i) Gas Tenant Charges as listed in A(4)(b) Amounts of Rent (which will include a $ _ per month
charge to defray Lessor’s cost of providing natural gas service to the common areas of the
Community); or
(ii) [_] an allocation of Lessor’s bill determined using allocation method no. NA (as described in
Section B(5)(c)(i) of the Additional Terms below) plus an administrative fee of $0 per month.
[X] Water/Sewer service to the Apartment is separately sub-metered. Lessor will initially be billed by the
service provider and Lessor will in turn invoice Lessee for an allocable portion of the service
provider’s bill based upon Lessee’s sub-metered water usage plus an administrative fee of $3.98 _
month.
[_] Lessor will initially be billed by the service provider for water/sewer service and Lessor will in turn
invoice Lessee for an allocable portion of service provider’s bill determined as identified below:
(ii) [_] an allocation of Lessor’s bill determined using allocation method no. NA (as
described in Section 5(c) of the Additional Terms below) plus an administrative fee of $3.98 per
month.
[_] Water service consumed in the Apartment is separately metered to the Apartment. Lessee will
arrange for and will pay the cost of water used in the Apartment directly to the water service
provider.
(d) Trash Disposal. (Select applicable alternate) Lessor will initially be billed by the service provider for trash
disposal service and Lessor will in turn invoice Lessee for an allocable portion of service provider’s bill determined
as identified below:
(e) Valet Trash Disposal Service . (Applicable only if the Apartment utilizes a valet trash disposal service under
Section 4(a) of the Additional Terms below):
[X] Lessee agrees to pay Valet Trash Service as listed in (A)(4)(b) Amounts of Rent for Lessor’s valet trash
disposal service.
[X] Pest control services will be provided by Lessor and the cost is included in Basic Rent.
[_] Lessor will initially be billed by the service provider for pest control service and Lessor will in turn
invoice Lessee for an allocable portion of service provider’s bill determined as identified below:
(i) [_] Pest Control as listed in A(4)(b) Amounts of Rent. If a flat rate allocation is selected,
the monthly flat rate Pest Control charge is payable on the first (1st) day of each month together
with (and in addition to) the Monthly Rent; or
(ii) [_] an allocation of Lessor’s bill determined using allocation method no. NA (as
described in Section 5(c) of the Additional Terms below) plus an administrative fee of $0.00 per
month.
(g) Telephone/Cable TV/Internet. The Apartment has telephone, cable television and/or internet service
capabilities. Except as otherwise specified below, if Lessee desires any such services at the Apartment, Lessee may
arrange and pay for the cost of any applicable services. Except as required by Applicable Law, Lessee is not
allowed to arrange, and will not permit, the installation of new or additional wiring, cabling, or equipment without
Lessor’s prior written consent.
[_] Lessor provides a standard package of cable television service to apartments in the Community and
Lessee is responsible to pay a flat fee listed as Cable TV Income in A(4)(b) Amounts of Rent for provision
of such service to the Apartment. If available, Lessee may arrange directly with the cable television
provider for enhanced cable television service which will be billed directly to and paid by Lessee.
[X] Lessor provides a standard package of internet service to apartments in the Community and Lessee is
responsible to pay flat fee for Internet as listed in A(4)(b) Amounts of Rent for provision of such service to
the Apartment. If available, Lessee may arrange directly with the cable television provider for enhanced
cable television service which will be billed directly to and paid by Lessee.
(h) Intrusion Alarm. (Applicable only if the Apartment is equipped with an intrusion alarm under Section 3(f)
of the Additional Terms below) (Select applicable alternate):
[_] Lessee agrees to pay a Security Alarm Fee charge as listed in A(4)(b) Amounts of Rent for access to the
intrusion alarm system. The foregoing fee allows Lessee access to the self-monitoring functions of
the alarm only, MEANING THERE IS NO ACTIVE MONITORING OF THE INTRUSION ALARM BY AN
ALARM COMPANY. Lessee has the option to sign-up with the alarm company for active monitoring
of its alarm.
[_] Lessee agrees to pay a Security Alarm Fee charge as listed in A(4)(b) Amounts of Rent for access to the
intrusion alarm system. The foregoing fee provides Lessee with access to the intrusion alarm system
and active monitoring of the intrusion alarm by the alarm company.
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(i) HOA Maintenance Assessment. (Select applicable alternate) The Community is not a member of a local
home owners association or equivalent organization (“HOA”) which charges fees and assessments for services
rendered by the HOA. Lessor will initially be billed by the HOA for these maintenance fees and assessments and
Lessor will in turn invoice Lessee for an allocable portion of the HOA Maintenance Assessment listed in A(4)(b)
Amounts of Rent. The monthly flat rate HOA charge is payable on the first (1st) day of each month together with
(and in addition to) the Monthly Rent.
(j) Package Acceptance Service. (Applicable only if the Community offers package acceptance services under
Section 8(e) of the Additional Terms below) (Select applicable alternate):
[_] Package acceptance services will be provided by Lessor and the cost is included in Basic Rent.
[_] Lessee agrees to pay a fee for Parcel Locker Rental as listed in A(4)(b) Amounts of Rent for Lessee’s use
of the Community’s package acceptance services.
[X] The Community is equipped with a package management locker system provided by a third-party
service provider. In the event Lessee registers with the third-party service provider for the use of the
system, Lessor will invoice Lessee for the fees charged by provider pursuant to the terms of the written
agreement with such provider.
(k) Parking Fee. The Community includes common surface parking lots for the use by residents.
[X] Parking will be provided by Lessor and the cost is included in Basic Rent.
[_] Parking will be provided by Lessor and Lessee agrees to pay a flat fee of $ 0 per month for Lessee’s first
vehicle, $0.00 per month for Lessee’s second vehicle, and $0.00 per month for each additional vehicle.
(l) Community Fee. The Community includes one or more amenities for the use by residents. While
amenities vary by community, typical amenities include a pool, fitness facility, dog park and/or grilling station.
[_] Amenities will be provided by Lessor and the cost is included in Basic Rent.
[X] Amenities will be provided by Lessor and Lessee agrees to pay a Community Fee as listed in A(4)(b)
Amounts of Rent.
7. Permitted Occupants. Except as otherwise required by Applicable Law or with the prior written consent of Lessor,
the Apartment may only be occupied by the Lessee (whether one or more) identified above and the additional persons
(“Additional Occupants”) identified by name, age and relationship to Lessee identified below:
8. Lessor/Manager Notice Information . Manager’s address for purposes of this Lease shall be the on-site
management office in the Community. All notices or other communications made by Lessee with respect to the Apartment
or this Lease must be made by Lessee to Manager and will constitute notice to Lessor, and all notices and other
communications from Manager to Lessee will constitute notice from Lessor. Written notices required or permitted to be
delivered by Lessee to Lessor pursuant to the terms of this Lease may be delivered to Manager as follows:
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4150 Eastgate Drive Orlando, FL 32839
9. Lessee Notice Information. Written notices required or permitted to be delivered to Lessee by Lessor pursuant to
the terms of this Lease may be delivered to Lessee as follows
After Move-In by Lessee, by mail, overnight or messenger delivery or by personal delivery at the Apartment or at any time
before or after Move-in by electronic mail (e-mail) at: [email protected]
Delivery of a single written notice addressed and delivered as set forth above shall constitute delivery to all persons
identified as “Lessee” hereunder.
10. Guaranty.
(whether one or more, “Guarantor”) will guaranty the payment and performance of Lessee’s obligations under
this Lease. If a Guarantor is named herein, the guaranty of the Lease obligations shall be governed by the terms
and conditions set forth in the Guaranty attached to and made a part of this Lease (the “Guaranty Addendum”).
The Guaranty Addendum will be executed by Guarantor and delivered to Lessor with Lessee’s delivery of the
signed Lease.
B. ADDITIONAL TERMS.
(a) Move-In by Lessee/Inspection. Lessor will endeavor to make the Apartment ready for Lessee to take
possession of and occupy the Apartment (“Move-In”) on the Start Date. Lessee shall notify Manager in advance of
the Start Date of Lessee’s intended date and time of Move-In and shall make arrangements with Manager to
conduct an inspection of the Apartment with a representative of Manager at or about the time of Move-In. In such
inspection, Lessee and Manager shall jointly complete Lessor’s form of Inventory and Condition form in which all
appliances included in the Apartment shall be identified and any damage or defects in the Apartment and
appliances and/or any evidence of infestation of bed bugs or other pests will be identified. When completed, the
Inventory and Condition form will be signed by Lessee and Lessor and shall serve to conclusively establish the
condition of the Apartment at Move-In and Lessor’s responsibility for remedying any defects affecting the same.
(b) Delay in delivery of Possession to Lessee . If the Apartment is not ready for Move-In by Lessee on the Start
Date as a result of a holdover by a prior resident of the Apartment or construction, repairs or cleaning affecting the
Apartment, this Lease will continue in full force except (i) Rent will abate (on a day-to-day prorated basis) for the
period from the Start Date to the date the Apartment is ready for Move-In by Lessee and (ii) Lessee may terminate
this Lease in strict accordance with the following provisions, as applicable: (A) if Lessor gives Lessee written notice
prior to the Start Date that the Apartment will not be ready for Move-In until a date thereafter that is specified in
such notice, Lessee may terminate this Lease by giving written notice of such termination to Lessor within seven (7)
days after Lessee’s receipt of Lessor’s notice of delay; or (B) if Lessor gives Lessee written notice on or after Start
Date that the Apartment will not be ready for Move-In until a date thereafter that is specified in such notice,
Lessee may terminate this Lease by giving written notice of such termination to Lessor within three (3) days after
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Lessee’s receipt of Lessor’s notice of delay; or (C) if Lessor fails to give Lessee written notice of a delay in Move-In,
Lessee may terminate this Lease by written notice given to Lessor at any time prior to (but not after) Lessee
receives written notice from Lessor that the Apartment is ready for Move-In. If Lessee fails to deliver written
notice of termination to Lessor within the applicable period described in clause (A), (B) or (C) above, Lessee shall
have no further right to terminate this Lease, Move-In shall occur on the day specified in Lessor’s notice and this
Lease shall continue in full force and effect (subject to the abatement of Rent described in clause (i) above). If
Lessee properly exercises its right to terminate this Lease pursuant to clause (A), (B) or (C) above, as applicable,
this Lease shall terminate and Lessor shall return to Lessee, as Lessee’s sole remedy, any Security Deposit made by
Lessee and any prepaid Rent paid by Lessee. Notwithstanding the foregoing, the Apartment shall be considered
ready for Move-In and Move-In will not be delayed if any cleaning or repairs remaining to be performed by Lessor
after Move-In will not materially and unreasonably interfere with Lessee’s use and occupancy of the Apartment.
(c) Failure of Lessee to Move-In by the Start Date . If Lessee fails to Move-In to the Apartment by the Start
Date then such failure will constitute a material default by Lessee under this Lease, this Lease and any right of
Lessee to occupy the Apartment will terminate and in such event Lessee shall pay to Lessor the amount of
$1,485.00 (the “Re-let Fee”) to defray Lessor’s costs to re-let the Apartment to other parties. The only exception
to the foregoing will be if Lessee notifies Manager prior to the originally scheduled Move-In date that Lessee must
delay Move-In and Lessee and Manager agree in writing to a later Move-In Date, provided, however, that as a
condition to agreeing to schedule a Move-In Date after the Start Date, Lessee will not be relieved of its obligation
hereunder to pay the Monthly Rent commencing on the Start Date and Lessee must pay the Monthly Rent for the
first month (or partial month) of the Term on the Start Date notwithstanding that Lessee will not have taken
occupancy of the Apartment on that date.
(d) Section Inapplicable for Renewal Leases . Section 1 of Additional Terms shall not apply to the extent this
Lease constitutes a renewal lease (i.e. Lessee is currently in possession of the Apartment pursuant to a Lease
Agreement which terminated or expired on or about the date hereof).
(a) Time, Place and Manner of Payment . Lessee will pay the Monthly Rent for the first month of this Lease
Term prior to the Start Date; provided if the Start Date of the Term is not the first (1st) day of a month, the
payment of Monthly Rent for the first (partial) month to be made by Lessee will be prorated based upon the
number of days from the Start Date through the last day of the first month and the number of days in that month.
If the End Date of the Term is other than the last day of a calendar month, the Monthly Rent for such final (partial)
month will be a prorated based upon the number of days from the first day of such month through the End Date.
Lessee will pay the Monthly Rent to Lessor in advance, on the first day of each month during the Term, without
notice or demand, and without offset or deduction therefrom. Variable Monthly Charges, if any, will be payable at
the time specified in the Basic Terms. Rent will be payable as follows:
(i) Unless otherwise required by local law, all payments shall be made by electronic payment at
Lessor’s on-line payment site https://millenia700.residentportal.com/. Landlord reserves the right to
charge a convenience fee for any payments that do not comply.
(b) Late Payment of Monthly Rent. If Lessee fails to pay the Monthly Rent, and any Fixed Monthly Charges,
Variable Monthly Charges or other charges due Lessor hereunder (if any) in full before the end of day ( 3) of the
applicable month, Lessee will pay Lessor a fee (“Late Fee”) in an amount equal to (check one) [_] NA% of the
amount overdue or [X] a flat fee in the amount of $150.00. Acceptance of late payment does not waive Lessor’s
right to require payment of Monthly Rent, Fixed Monthly Charges, Variable Monthly Charges or any other amount
payable hereunder in full on the date it is due. Notwithstanding anything set forth in this Lease to the contrary, if
Lessee defaults in the timely payment of Monthly Rent, any Fixed Monthly Charges, or any Variable Monthly
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Charges or other Additional Rent or in the performance of its other agreements hereunder, and if any such default
shall be repeated two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such
default shall have been cured, any further similar default within said twelve (12) month period shall be deemed to
be a material default by Lessee, and Lessor will have the right to terminate Lessee’s right of occupancy and
exercise all rights and remedies under this Lease.
(c) Returned Checks/Dishonored Payments. If any payment of any Rent or other charges under this Lease is
returned for insufficient funds or is otherwise dishonored, Lessee will pay Lessor a fee (“ Insufficient Funds Fee”) in
the amount of 75.00 for each such dishonored payment. Lessor will also have the right to require the dishonored
payment be replaced by a cashier’s check, certified check, or money order. After two lease payments are returned
for insufficient funds or are otherwise dishonored, Lessor may require that all future payments of Rent and other
obligations be paid by cashier’s check, certified check or money order.
(a) Residential Use Only. Lessee will use and occupy the Apartment for residential purposes only. Lessee will
not use or permit the use of the Apartment for any non-residential, illegal, or otherwise inappropriate purpose,
including for any commercial purpose. Lessee acknowledges and agrees that conducting any kind of business
(including child care services) in the Apartment or in the Community is prohibited; provided however, the
foregoing shall not prohibit any lawful business conducted “at home” by computer, mail, or telephone if, and only
if, customers, clients, patients, or other business associates do not come to the Apartment for business purposes.
(b) Permitted Occupants. Except as prohibited by Applicable Law, the Apartment may be occupied only by
the following (collectively, “Occupants”): (i) Lessees identified in the Basic Terms; (ii) any Additional Occupants
identified in the Basic Terms; and (iii) children under the age of majority born or in the custody of any Lessee
during the Term. Lessee shall promptly notify Lessor in writing of the identity of additional Occupants of the
Apartment during the Term or of any Occupants who come of the age of majority during the Term. No persons
other than Occupants may live in or occupy the Apartment; provided however, the foregoing shall not prohibit
overnight guests at the Apartment from time to time so long as no guest occupies the Apartment for more than
seven (7) days within any three (3) consecutive month period. Lessee represents to Lessor that as of the date
hereof, the Additional Occupants listed in the Basic Terms are all of the persons in addition to Lessee who will be
residing in the Apartment as of in the Start Date. Lessee shall promptly notify Lessor in writing if any Occupant
leaves or will no longer reside in the Apartment so that Lessor is informed of the actual number of Occupants in
the Apartment at any given time. Except as described in clause (iii) above, no persons not identified as Additional
Occupants on this Lease may occupy the Apartment on a permanent basis without Lessor’s prior written approval.
(i) No Disturbance or Nuisance Permitted. Lessee will not and will not permit any Occupants or any
guests to: (i) make any unreasonably loud or otherwise unreasonable use of the Apartment, (ii) allow any
condition on the Apartment or in the Building that poses a threat of injury to persons or property,
(iii) otherwise interfere with the rights, health, comfort, safety, or enjoyment of the other Lessees or
occupants of the building in which the Apartment is located or of the Community, Lessor’s employees or
agents, or others, or (iv) disrupt Lessor’s business operations.
(ii) Crime Free/Drug Free Housing. Lessee will not and will not permit any Occupants or any guests
to engage in any illegal or criminal activity in or about the Apartment, or in, on or about the common
areas of the Building or any other portion of the Community. The phrase, “illegal or criminal activity” shall
include, but is not limited to, the following: (A) engaging in any act intended to facilitate any type of
criminal activity; (B) committing or facilitating any type of criminal activity or drug related activity; (C)
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manufacturing, selling, using, storing, keeping, purchasing or giving of an illegal or controlled substance or
paraphernalia as defined under Applicable Law, including but not limited the Federal Controlled
Substances Act; (D) violation of any Federal drug laws governing the use, possession, sale, manufacturing
and distribution of marijuana, regardless of any otherwise Applicable Laws of the State or locality in which
the Community is located (it being expressly acknowledged and agreed by Lessee that so long as the use,
possession, sale, manufacturing, and distribution of marijuana remains a violation of Federal law, violation
of any such Federal law shall constitute a material violation of this Lease); (E) engaging in, or allowing, any
behavior that is associated with drug activity, including but not limited to having excessive vehicle or foot
traffic associated to and from the Apartment; (F) engaging in any activity that jeopardizes the health,
safety, and welfare of the Lessor, Manager, the employees or agents of either of them, or of other tenants
or occupants of the Community or any guests thereof, or involving imminent, actual or substantial
property damage; (G) illegal possession or discharge of a firearm; and/or (F) engaging in or committing
any act that would be a violation of the Lessor’s screening criteria for criminal conduct or which would
have provided Lessor with a basis for denying Lessee’s rental application due to criminal conduct.
(iii) Weapons. Weapons of any kind, including, but not limited to, dart guns, air guns, BB guns,
slingshots, handguns, rifles, or any mechanism that could be used to propel an object that could cause
harm to person or property are not allowed in the common areas, are not allowed in the office, are not
allowed anywhere in the Community outside of the Apartment, and are not allowed to be displayed,
shown, exposed, demonstrated or exhibited anywhere in the Community, except in case of self-defense
or the need for imminent and immediate protection of Lessee or Lessee’s Occupants’, guests’ or invitees’
life. If Lessee desires to possess a legal weapon in the Apartment, the Lessee must safely and
inconspicuously carry said legal weapon to and from Lessee’s Apartment in a manner that ensures other
residents and staff do not see said weapon. Illegal weapons are never allowed on the Community
including in the Apartment. If Lessee or any Occupant does possess a legal weapon in the Apartment,
Lessee shall be responsible for the proper and safe possession, handling and storage of said weapon.
Lessor is not and shall not be responsible in any way to Lessee, any Occupant, guest, or invitee for any
accidental, negligent, or intentional act involving any weapon or discharge thereof on, near, or off the
property.
LESSEE ACKNOWLEDGES AND AGREES THAT A SINGLE VIOLATION OF ANY THE FOREGOING PROVISIONS
BY LESSEE, ANY OTHER OCCUPANT OR ANY GUEST OF ANY OF THEM CONSTITUTES A MATERIAL
VIOLATION OF THIS LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY CREATED HEREBY.
LESSEE FURTHER ACKNOWLEDGES AND AGREES THAT UNLESS OTHERWISE REQUIRED BY APPLICABLE
LAW, PROOF OF VIOLATION OF THIS PROVISION SHALL NOT REQUIRE A CRIMINAL CONVICTION.
(iv) Animals. Lessee is not permitted, and Lessee shall not permit any Occupant or guest, to house or
keep any pets or animals of any kind (including mammals, reptiles, birds, fish, rodents, and insects) in the
Apartment or to bring (even temporarily) or keep any pets or animals anywhere on or within the
Community at any time unless otherwise agreed to by Lessor and Lessee and Lessor have entered into an
addendum to this Lease (“Animal Addendum”) specifically identifying the animal(s) Lessee is permitted to
house or keep within the Apartment and setting forth the rules and regulations applicable thereto, which
may include additional damage deposits, rents, fees or other charges that Lessee may be responsible to
pay to Lessor for such privilege. Notwithstanding the foregoing, Lessor will provide reasonable
accommodation to Occupants with disabilities in connection with approval of requests to keep assistance
animals at the Apartment as required by Applicable Law provided that Lessor may require that an Animal
Addendum be entered into with respect to such assistance animals (although in the case of assistance
animals no additional damage deposits or rents shall be charged). Lessor may require a written statement
from a qualified professional verifying the need for the assistance animal. Any violation of this Section by
Lessee, any Occupant or a guest of any of them will be considered a material default by Lessee. Without
limiting the foregoing, Lessee will remove any animal, whether or not previously permitted under this
Lease within 48 hours of written notification from Lessor that the animal, in our sole judgment, creates a
nuisance or disturbance or is, in our opinion, undesirable. If an animal has been in the Apartment at any
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time during the Term of this Lease (with or without Lessor’s consent), Lessee will be responsible to pay
Lessor for the cost of flea extermination, deodorizing, and shampooing the Apartment.
(d) Smoking. Smoking is permitted inside the Apartment. Smoking is permitted on any balcony or patio
outside of or adjacent to the Apartment (and this provision is applicable whether smoking is permitted or
prohibited inside the Apartment by the preceding sentence). Regardless of whether Smoking is or is not permitted
inside the Apartment and/or on any balcony or patio adjacent to the Apartment, Lessee acknowledges that:
(i) Smoking Generally Prohibited. Smoking is strictly prohibited inside any other building located in
the Community. In addition, Smoking is prohibited in any portion of the Community exterior to any
building (including any balconies and exterior Amenities including specifically, but without limitation, any
Pool area) except for such areas in which Smoking is permitted as are specifically described in this Section.
Notwithstanding anything to the contrary herein, smoking of marijuana (cannabis) is strictly prohibited
within the Apartment or anywhere else within the Community, notwithstanding that such activity may
be otherwise permitted under Applicable Law. This prohibition on smoking of marijuana (cannabis)
applies to Lessee, any other Occupants and any guests of any of them even if, pursuant to this Section,
“Smoking” is permitted within the Apartment and/or on any balcony or patio adjacent thereto.
(ii) Definition of Smoking. As used in this Lease, the term “Smoking” means and refers to any use or
possession of a cigar, cigarette, e-cigarette, hookah, vaporizer or pipe containing tobacco or a tobacco
product while that tobacco or tobacco product is burning, lighted, vaporized, or ignited, regardless of
whether the person using or possessing the product is inhaling or exhaling the smoke from such product.
The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the
genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars,
e-cigarettes, hookahs, vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted,
vaporized, or ignited non-tobacco products if they are noxious, offensive, unsafe, unhealthy, or irritating
to other persons.
(iii) Smoking Permitted Areas. Notwithstanding that Smoking is generally prohibited in the
Community, Smoking will be permitted in the following areas exterior to any building: (A) in any area
specifically designated as a “smoking area” by signage from time to time installed by Lessor; and (B) any
portion of the common grounds of the Community that is more than twenty (20) feet from the outside
perimeter of any Building or any Pool area or other Amenity (as defined in Section B.8.). Notwithstanding
that Smoking may be permitted in certain limited outside areas, Lessor reserve the right to direct any
person, including Lessee, any other Occupants of the Apartment or any guests to cease and desist from
Smoking in any of those areas (including, without limitation, on any balcony), if smoke is entering the
apartments of others or any other buildings or Amenity or if it is interfering with the health, safety, or
welfare or disturbing the quiet enjoyment, or business operations of Lessor, Manager or other tenants,
occupants, or guests in the Community.
(iv) Lessee responsibility for damages and cleaning. Lessee is responsible for payment of all costs
and damages to the Apartment, the apartments of other residents, or any other portion of the
Community for repair, replacement, or cleaning due to Smoking or Smoke related damage caused by
Lessee, any other Occupant or any guests regardless of whether such use was in violation of this Section.
Any costs or damages Lessor incurs related to repairs, replacement, and cleaning due to Smoking by
Lessee, any other Occupant or guest or due to Lessee’s or its Occupants or its guests’ violation of the No-
Smoking provisions of this Lease are hereby agreed to be in excess of normal wear and tear. This
obligation includes, without limitation, repairs, replacements or cleaning related to smoke related
damage, including but not limited to, the smell of tobacco smoke which permeates sheetrock, carpeting,
wood, insulation, or other components of the Apartment or building. Additionally, Lessee is responsible
for payment of all lost rental income or other economic and financial damages or loss to Lessor due to
Smoking or smoke related damage caused by Lessee, any other Occupant or guest which results in or
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causes other tenants to vacate their apartments, results in disruption of the quiet enjoyment of other
tenants or occupants, or adversely affects the health, safety, or welfare of other tenants or occupants.
Smoking Prohibitions or other provisions of this Section by Lessee, any other Occupant or any guest
constitutes a material and substantial default or violation of this Lease. In the event of such a violation,
Lessor shall have all rights and remedies available to it for a default under this Lease, including,
without limitation, the right to terminate this Lease or Lessee’s right of occupancy of the Apartment.
(v) No warranty of a smoke free environment. Lessee acknowledges and agrees that the provisions
of this Section do not constitute a warranty or guaranty of any kind that the Apartment or the Community
is or will be smoke free. Smoking in certain limited outside areas and within other apartment units may be
allowed as provided above. Enforcement of the Community’s No-Smoking policy is a joint responsibility
which requires Lessee’s cooperation in reporting incidents or suspected violations of Smoking regulations.
Lessee must report violations of the Community’s no-smoking policy to Manager before Lessor is
obligated to investigate and act, and Lessee must thereafter cooperate with Lessor in prosecution of any
such violations.
(e) Fire Hazards. In order to minimize fire hazards and comply with Applicable Laws, Lessee, other
Occupants, and any guests shall comply with the following restrictions and prohibitions which are applicable in the
Apartment and in and about the common areas of the building in which the Apartment is located and in, on or
about the entire Community:
(ii) Use of Grills, Barbeques, and any other outdoor cooking or open flame devices will not be used
indoors, on balconies or patios, or on roofs of any buildings. Such items may only be used on ground level
exterior to any building and will be placed a minimum of twenty (20) feet from any building. Such devices
will not be used close to combustible materials, tall grass or weeds, or in other locations which may catch
fire.
(iii) Extension Cords: Extension cords are intended for temporary use only and prolonged use may
constitute a fire hazard. No extension cords shall be used for longer than three (3) consecutive months.
(iv) Fireplaces: Only firewood is permitted in any fireplace. No artificial substances, such as
Duraflame® logs are permitted. Ashes must be disposed of in metal containers, after ensuring the ashes
are cold.
(v) Flammable or combustible liquids and fuels shall not be used or stored (including stock for sale)
in the Apartment or any storage space, near exits, stairways breezeways, or areas normally used for the
ingress and egress of people. This includes motorcycles and any apparatus or engine using flammable or
combustible liquid as fuel.
(vi) No person shall block or obstruct any exit, aisle, passageway, hallway or stairway leading to or
from any structure.
(vii) Landlord’s Right of Access and Removal of Items: In the event Lessee or any other Occupant
stores materials or items on any porch, balcony or fire escape which Lessor deems hazardous to the safety
of the building or other residents, Lessor reserves the right, subject to Applicable Law, to remove such
items and dispose of in a safe manner or store until the end of the Lease at the Lessee’s sole expense.
Lessee is solely responsible for fines or penalties caused by Lessee’s actions or those of the other Occupants or
guests in violation of the foregoing restrictions and/or local fire protection codes.
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4. Maintenance of the Apartment by Lessee.
(a) Care, cleaning and maintenance obligations. Lessee will: (i) keep and maintain the Apartment in a clean,
safe, and sanitary condition; (ii) regularly dispose of all garbage and other waste in a clean and safe manner, not
overload any trash receptacles, and separate and dispose of recyclable and compostable materials in any provided
separate receptacles; (iii) use all appliances, fixtures, and equipment located in the Apartment in a safe and
reasonable manner in keeping with their intended function and, if provided to Lessee, the applicable operating
instructions; (iv) not obstruct access to doors and windows; and (v) maintain the Apartment in the same condition
as it was delivered to Lessee, except for ordinary wear and tear. At Move-In, Lessor will supply light bulbs for
fixtures furnished by Lessor, including exterior fixtures operated from inside the Apartment; following Move-In,
Lessee will be responsible for replacement of light bulbs of the same type and wattage at Lessee’s expense. Lessee
will pay to repair any damage to the Apartment caused by Occupants or any guest of Occupants, except for
ordinary wear and tear.
[ X ] Valet Living Trash Disposal Service. The Community utilizes Valet Living Trash Disposal Service. The
following terms apply to such service.
(i) Service Charge: Lessee will be charged Valet Trash Service as listed in (A)(4)(b) Amounts of Rent
for this service, which such amount will be added to and payable on the first (1st) day of each month
concurrently with, the total Monthly Rent (as stated in Section 4 of the Basic Terms.).
(ii) Container Provided; Rules; Collection Procedures. A container will be provided to Lessee and
must be used in conjunction with the valet trash disposal service. Lessee with abide by the rules and
collection procedures in effect at the Community for this service from time to time. Lessee acknowledges
having received the current rules and collection procedures. Failure to use the container and follow the
rules and collection procedures may result in no trash being collected and the assessment of fines and
penalties, as outlined in the rules and collection procedures.
(iii) Rights Reserved. Lessor reserves the right to set the rules and collection procedures (including
the day and time of collection) and to change such rules and procedures in Lessor’s sole and absolute
discretion, at any time and from time to time. In addition, Lessor reserves the right to cease use of the
valet trash disposal service at the Community in Lessor’s sole and absolute discretion and at any time. In
such event, the Valet Trash Service Charge will no longer be payable by Lessee
(b) Appliances. The Apartment will include customary appliances for use by Lessee which will be inventoried
at Move-In as part of the Move-In inspection described in Section 1(a) of the Additional Terms above. Unless
otherwise specifically identified in this Lease or an Addendum hereto, included appliances will not include a clothes
washer or clothes dryer. For the avoidance of doubt, if a washer or dryer is provided by Lessor as part of this Lease
or as a separate rentable item, all references in this Lease to fixtures, equipment or appliances shall be deemed to
include such washer and dryer. Lessee acknowledges and agrees that Lessee is liable to Lessor for all damages to
appliances beyond normal wear and tear including, but not limited to, scratches, dents, dings and costs for repairs.
Lessee must pay Lessor for all damages to the appliances upon demand. If not previously paid, Lessor will assess
the cost of damages to appliances against the Security Deposit and/or final account upon move-out. If Lessee
removes any appliances from the Apartment, Lessee will pay Lessor the actual cost of replacing the equipment and
such removal may result in Lessor reporting such action to law enforcement.
(c) Keys/Key Card /Remote Controls/Access Codes. Prior to Lessee’s initial occupancy of the Apartment,
Lessor will re-key the Apartment. In connection with Lessee’s occupancy, Lessee will be provided with the
following: one (1) keys to the Apartment, plus one (1) additional key for each leaseholder in excess of one (1)
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leaseholders (i.e. if there are four (4) leaseholders, Lessee will be provided with four (4) keys to the Apartment);
and one (1) mailbox key. Additionally, if applicable, Lessee will be provided:
(i) 1 gate fob(s), 1 access card(s) and/or 1 remote control(s) and/or (1) access code to the
Community’s Access Gate(s) per leasholder; and/or
(ii) 1 (one) remote control or (1) key to any enclosed Garage leased by Lessee and identified in
Section 7(c) of the Additional Terms below and/or
(iii) One (1) keys to any storage space leased by Lessee and identified in Section 1(d) of the Additional
Terms below
Lessee will return all keys and all gate fob(s), access card(s), remote control(s), if any, identified above, to Lessor
when Lessee moves out of the Apartment. If any of the foregoing are lost or otherwise need replacement, or are
not returned at the end of the Term, Lessee will be charged the following amounts for each item so replaced or not
returned: $10 for each key; $75 for each gate fob; $75.00 for each access card and $0.00 for each remote control.
Lessee may not have keys made or rekey the Apartment. Additional keys, if any, required by Lessee must be
obtained from Lessor at the per key cost described above. If Lessee desires the Apartment to be rekeyed during
the Lease Term for any reason, Lessee must request such service from Lessor and Lessee will be required to pay
Lessor the actual cost to Lessor prior to the Apartment being rekeyed.
(d) Smoke Detectors. Lessor will provide functioning smoke detectors and carbon monoxide detectors in the
Apartment as required by Applicable Law, and provide working batteries, if applicable, at Move-In. Following
Move-In, Lessee must pay for and replace batteries as needed, unless Applicable Law provides otherwise. Lessor
may replace dead or missing batteries at Lessee’s expense, without prior notice to Lessee. Lessee must
periodically inspect the smoke detectors and carbon monoxide detectors to ensure their operability and
immediately report smoke detector and carbon monoxide detector malfunctions to Lessor and must not disable or
damage, or permit others to disable or damage, smoke detectors, and carbon monoxide detectors. If the smoke
detector and carbon monoxide detectors are so disabled or damaged or if Lessee fails to replace a dead battery or
report malfunctions to Lessor, Lessee may be liable to Lessor and others for any loss, damage, or fines from fire,
smoke, or water.
(e) Alterations. Lessee will not perform any alterations or improvements to the Apartment without the prior
written consent of Lessor, in Lessor’s sole discretion. Alterations and improvements include adding, changing, or
removing appliances, fixtures, electrical wiring, electrical outlets, shelving, wallpaper, or wall paint. No holes or
stickers are allowed inside or outside the Apartment provided Lessee will be permitted a reasonable number of
small nail holes for hanging pictures on sheetrock walls and in grooves of wood-paneled walls unless the
Community rules state otherwise. If Lessee violates this provision, Lessee will return the property to its original
condition at Lessee’s sole cost and expense. If Lessor approves of any alterations, Lessee understands that unless
otherwise specified by Lessor in writing, any applicable alterations will remain as part of the Apartment at the end
of the Term. Lessee will not subject the Apartment to any liens in connection with making any alteration or
improvement and will indemnify Lessor from all costs and expenses related to alterations, improvements, or liens.
(f) Balconies or Patios. Any balcony or patio appurtenant to the Apartment shall be kept neat and clean at all
times. No rugs, towels, laundry, clothing, appliances, bicycles or other items shall be stored, hung or draped on
railings or other portions of balconies or patios. No grills, barbeques, fryers or other cooking devices shall be used
on any balcony or patio. No misuse of the space is permitted, including but not limited to, throwing, spilling or
pouring liquids or other items, whether intentionally or negligently, over the balconies or patios.
(g) Water Furniture. Water beds or other water furniture are prohibited without prior written permission of
Lessor.
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(h) Area Rugs required on Hardwood and Vinyl Floors . All hardwood or vinyl floors within the Apartment
(with the exception of those located in kitchens, pantries and bathrooms) will be covered by Lessee with area rugs
or loose carpeting (i.e. tack down carpeting is prohibited) to the extent of at least eighty percent (80%) of the floor
area of each room.
(i) Signs, etc. Lessee shall not display any signs, exterior lights or markings on the Apartment. No awnings or
other projections shall be attached to the outside of the building of which Apartment is a part.
(j) Satellite Dish or Antenna. Lessee is permitted to install one (1) satellite dish or Antenna at the Apartment
provided Lessee first enters into Lessor’s Satellite Dish/Antenna Addendum which complies with applicable federal
law and further provided Lessee complies with all requirements and restrictions on installation, maintenance and
use contained in that Satellite Dish/Antenna Addendum.
(k) Security Cameras and Video Monitoring. Lessee is not permitted to install video cameras or surveillance
devices in any manner which is intended to, or does, view, record, or capture any common areas, the interior of
other apartment units in the Community or any other areas where other residents, their guests and employees at
the Community have a reasonable expectation of privacy or a right to quiet enjoyment. If Lessee uses video
cameras or surveillance equipment, said cameras and equipment shall be positioned in a way that views and
records only the Apartment, so as not to violate the privacy and quiet enjoyment of other residents and their
guests. No video cameras or surveillance devices, including video-equipped doorbells, shall be attached to the
outside of the building of which Apartment is a part.
(l) Mold.
(i) About Mold. Mold is found virtually everywhere in our environment – both indoors and
outdoors and in both new and old structures. Molds are naturally occurring microscopic organisms which
reproduce by spores and have existed practically from the beginning of time. All of us have lived with
mold spores all our lives. Without molds, we would all be struggling with large amounts of dead organic
matter. Mold breaks down organic matter in the environment and uses the end product for its food. Mold
spores (like plant pollen) spread through the air and are commonly transported by shoes, clothing and
other materials. When excess moisture is present inside a dwelling, mold can grow. A 2004 Federal
Centers for Disease Control and Prevention study found that there is currently no scientific evidence that
the accumulation of mold causes any significant health risks for a person with normally functioning
immune systems. Nonetheless, appropriate precautions need to be taken.
(ii) Lessee obligations related to Mold Prevention. In order to minimize the potential for mold
growth in the Apartment, Lessee will:
Keep the Apartment clean – particularly the kitchen, the bathroom(s), carpets and floors. Regular
vacuuming, mopping and using a household cleaner to clean hard surfaces is important to remove the
household dirt and debris that harbor mold or food for mold. Immediately throw away moldy food.
Remove visible moisture accumulation on windows, walls, ceilings, floors and other surfaces as
soon as reasonably possible. Look for leaks in washing machine hoses and discharge lines – especially if
the leak is large enough for water to infiltrate nearby walls. Turn on any exhaust fans in the bathroom and
kitchen before showering or cooking with open pots. When showering, be sure to keep the shower
curtain inside the tub or fully close the shower doors. Also, the experts recommend that after taking a
shower or bath, Lessee: (1) wipe moisture off of shower walls, shower doors, the bathtub and the
bathroom floor; (2) leave the bathroom door open until all moisture on the mirrors and bathroom walls
and tile surfaces has dissipated; and (3) hang up all towels and bath mats so they will completely dry out.
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Keep the thermostat set to automatically circulate air in the event temperatures rise to or above
80 degrees Fahrenheit. Also, it is recommended that Lessee periodically open windows and doors on days
when the outdoor weather is dry (i.e., humidity is below 50 percent) to help humid areas of the
Apartment dry out.
In order to avoid mold growth, it is important to prevent excessive moisture buildup in the
Apartment. Failure to promptly pay attention to leaks and moisture that might accumulate on dwelling
surfaces or that might get inside walls or ceilings can encourage mold growth. Prolonged moisture can
result from a wide variety of sources, such as: rainwater leaking from roofs, windows, doors and outside
walls, as well as flood waters rising above floor level; overflows from showers, bathtubs, toilets,
lavatories, sinks, washing machines, dehumidifiers, refrigerator or A/C drip pans or clogged up A/C
condensation lines; leaks from plumbing lines or fixtures, and leaks into walls from bad or missing
grouting/caulking around showers, tubs or sinks; washing machine hose leaks, plant watering overflows,
pet urine, cooking spills, beverage spills and steam from excessive open-pot cooking; leaks from clothes
dryer discharge vents (which can put lots of moisture into the air); and insufficient drying of carpets,
carpet pads, shower walls and bathroom floors.
Lessee must notify Lessor in writing about any air conditioning or heating system problems or
about any signs of water leaks, water infiltration or mold promptly following discovery of such conditions
so that Lessor may respond to the condition in accordance with Applicable Law and the terms of this
Lease.
(iii) Cleaning of Mold. If small areas of mold occur on non-porous surfaces (such as ceramic tile,
formica, vinyl flooring, metal, wood or plastic), the federal Environmental Protection Agency (EPA)
recommends that Lessee first clean the areas with soap (or detergent) and water, let the surface dry, and
then within twenty-four (24) hours apply a pre-mixed, spray-on-type household biocide, such as Lysol
Disinfectant®, Pine-Sol Disinfectant® (original pine-scented), Tilex Mildew Remover® or Clorox Cleanup®.
(Note: Only a few of the common household cleaners will actually kill mold). Tilex® and Clorox® contain
bleach which can discolor or stain. Be sure to follow the instructions on the container. Applying biocides
without first cleaning away the dirt and oils from the surface is like painting over old paint without first
cleaning and preparing the surface.
Always clean and apply a biocide to an area five (5) or six (6) times larger than any visible mold
because mold may be adjacent in quantities not yet visible to the naked eye. A vacuum cleaner with a
high-efficiency particulate air (HEPA) filter can be used to help remove non-visible mold products from
porous items, such as fibers in sofas, chairs, drapes and carpets – provided the fibers are completely dry.
Machine washing or dry cleaning will remove mold from clothes.
DO NOT CLEAN OR APPLY BIOCIDES TO: visible mold on porous surfaces, such as sheetrock walls
or ceilings, or large areas of visible mold on non-porous surfaces. Instead, notify Lessor in writing of such
condition promptly after discovery, so that Lessor may respond to the condition in accordance with
Applicable Law and the terms of this Lease.
(i) Representation regarding Bed Bug Infestation. Lessee acknowledges and agrees that Lessee is
not aware of any infestation or presence of bed bugs in Lessee’s current or previous apartments, homes
or dwellings, and that Lessee is not aware of any infestation or presence of bed bugs in any of its
furniture, clothing, personal property or possessions or, if Lessee has previously experienced a bed bug
infestation, Lessee has disclosed such fact to Lessor in writing. If Lessee has disclosed a previous
infestation, Lessee certifies that all of Lessee’s personal property (including furniture, clothing and other
belongings) has been treated by a licensed pest control professional and such items are free of further
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infestation, and Lessee shall provide to Lessor documentation of the treatment of bed bugs and permit
Lessor to inspect Lessee’s personal property and possessions to confirm the absence of bed bugs.
(ii) Notification by Lessee of Bed Bug Infestation. Lessee must notify Lessor in writing promptly
upon the occurrence of (A) any known or suspected bed bug infestation or presence in the Apartment, or
in any of clothing, furniture or personal property located therein; (B) any recurring or unexplained bites,
stings, irritations, or sores of the skin or body which Lessee, any Occupant or guest of any of them believe
is caused by bed bugs, or by any condition or pest suspected within the Apartment; or (C) If Lessee or any
Occupant discovers any condition or evidence that might indicate the presence or infestation of bed bugs,
or of any confirmation of bed bug presence by a licensed pest control professional or other authoritative
source.
(iii) Access for Inspection and Pest Treatment. Lessee must allow Lessor and its pest control agents
access to the Apartment at reasonable times to inspect for or treat bed bugs as allowed by law. Lessee,
other Occupants and their guests, and invitees must cooperate in such actions as hereinafter provided
and will not interfere with inspections or treatments. If the presence or infestation of bed bugs in the
Apartment is confirmed, Lessee must cooperate and timely coordinate with Lessor and its pest control
agents to treat and eliminate the bed bugs. Lessee must follow all directions from Lessor or its agents to
clean and treat the dwelling and building that are infested. Lessor has the right to select any licensed pest
control professional to treat the Apartment and building and to select the method of treating the
Apartment, building and common areas for bed bugs. Lessor may also inspect and treat apartments
adjacent to or neighboring the infestation even if those apartments are not the source or cause of the
known infestation. Lessee is responsible for and must, at Lessee’s expense, have all personal property,
furniture, clothing and possessions located in the Apartment treated according to accepted treatment
methods established by a licensed pest control firm that Lessor approves as close as possible to the time
the Apartment is treated by Lessor. Any personal property that cannot be so treated or cleaned must be
removed by the Lessee and be disposed of off-site and not in the Community’s trash receptacles. If Lessor
confirms the presence or infestation of bed bugs in the Apartment, Lessor shall have the right to require
Lessee to temporarily vacate the dwelling and remove all pets, furniture, clothing, and personal
belongings in order for Lessor to perform pest control services. Lessee’s failure to comply with the
foregoing obligations will constitute a material default by Lessee, and Lessor will have the right to
terminate Lessee’s right of occupancy and exercise all rights and remedies under this Lease. Lessee
agrees not to treat the Apartment for a bed bug infestation on its own.
(iv) Responsibility for cost of treatments. Lessee may be required to pay all reasonable costs of
cleaning and pest control treatments incurred by Lessor to treat the Apartment for bed bugs. If Lessor
confirms the presence or infestation of bed bugs after Lessee vacates the Apartment, Lessee may be
responsible for the cost of cleaning and pest control treatments. If Lessor must move other residents in
order to treat apartment units adjoining or neighboring Lessee’s apartment, Lessee may be liable for
payment of any lost rental income and other expenses incurred by Lessor to relocate the neighboring
residents and to clean and perform pest control treatments to eradicate infestations in other Apartments.
If Lessee fails to pay Lessor for any costs Lessee is liable for within ten (10) days after Lessor submits a bill
to Lessee for such costs, Lessee will be in material default of this Lease, and Lessor will have the right to
terminate Lessee’s right of occupancy and exercise all rights and remedies under this Lease.
(v) Transfer to another Apartment. If Lessor, in Lessor’s sole discretion, permits Lessee to transfer
to another apartment unit in the Community because of the presence of bed bugs in the Apartment (and
Lessee acknowledges and agrees Lessor has no obligation to do so), Lessee must have its personal
property and possessions treated according to accepted treatment methods or procedures established by
a licensed pest control professional at Lessee’s expense prior to such transfer. In such event, Lessee must
provide proof of such cleaning and treatment to Lessor’s satisfaction.
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(n) Asbestos. In most dwellings which were built prior to 1981 and in some built after that, asbestos was
commonly used as a construction material. In various parts of the Apartment, asbestos materials may have been
used in the original construction or in renovations prior to the enactment of federal laws which limit asbestos in
certain construction materials. The United States Environmental Protection Agency (EPA) has determined that the
mere presence of asbestos materials does not pose a health risk to residents and that such materials are safe so
long as they are not dislodged or disturbed in a manner that causes the asbestos fibers to be released.
Disturbances include sanding, scraping, pounding or other techniques that produce dust and cause the asbestos
particles to become airborne. The EPA does not require that intact asbestos materials be removed. Instead, the
law simply requires that Lessor take reasonable precautions to minimize the change of damage or disturbance of
those materials. Accordingly, neither Lessee, any other Occupants or any guests of any of them are permitted to
disturb or attach anything to the walls, ceilings, floor tiles, or insulation behind the walls or ceilings in the
Apartment unless specifically allowed under the terms of this Lease or any separate Community policies
promulgated by Lessor or Manager. Lessee will promptly report any ceiling leaks to Manager promptly so that
pieces of acoustical ceiling material or ceiling tiles do not fall to the floor and get disturbed by people walking on
the fallen material.
(a) Utilities for which Lessee is directly responsible . Prior to the Start Date, Lessee will open accounts
(including making any required deposits for service) in Lessee’s name for all utilities specified as Lessee’s
responsibility under the Basic Terms. Lessee is responsible for timely paying all such utility bills related to all times
within the Term when due. Lessee shall not disconnect or allow the disconnection of any utility service for which
Lessee is responsible at any time during the Term.
(b) Utilities and Services paid by Lessee to Lessor . With respect to utilities and services for which Lessee is
required to pay Lessor pursuant to the Basic Terms, Lessee shall pay all such utility and service charges on the due
dates thereof as described in Basic Services throughout the Term. If Lessee fails to timely establish all utility or
service accounts for which it is responsible under the Basic Terms, Lessor may establish such account and Lessee
will pay to Lessor a set-up fee in the amount of $20.00 (“ Utility Set-Up Fee”) for each such account established by
Lessor and in addition Lessor will charge Lessee, and Lessee shall pay Lessor, for any such utilities and services
billed to Lessor with respect to the Apartment. Additionally, if Lessee shall vacate the Apartment without paying
for all utility services provided to Lessee and/or without closing Lessee’s utility account(s), to the extent permittee
by Applicable Law, Lessee will pay Lessor a fee in the amount of $50.00 (“Vacant Recovery Fee”) for each such
account Lessor must close as a result of Lessee’s failure to do so, as well as for any and all unpaid utility costs
related to the Apartment that Lessor may become responsible for as a result of Lessees’ failure to make payment
of same. As more fully described in Section 12 of the Additional Terms below, at Move-Out, Lessee will be
required to pay a final bill for all utilities utilized to the Move-Out Date together with a Move-Out fee associated
therewith in the amount of $3.98 (“Utility Move-Out Fee”).
(c) Utility and Service Allocation Methods and related terms . In relation to any utility or service that pursuant
to the Basic Terms is to be paid by Lessee to Lessor pursuant to an allocation formula, the provisions of this Section
will be applicable.
(i) Methods of Allocation. Lessee acknowledges that different allocation methods may be applied
to determine the amount of the charges that will be payable for the provision of the different utilities and
services. These include the following:
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Flat Rate-per-Month. If this allocation method applies, it is specifically referenced in the
Basic Terms. The flat monthly rate identified in the Basic Terms for any utilities or services is
Lessee acknowledges and agrees that such flat rate may not be based upon a cost per
apartment unit calculation but represents a fair and reasonable charge for the utility or
service being provided. Notwithstanding any flat rate for any utilities in the Basic Terms of
this Lease, Lessee acknowledges that Lessor shall have the right to adjust any such fee during
the Term upon thirty (30) days written notice to Lessee and following such notice Lessee will
pay Lessor the new adjusted monthly rate as set forth in the notice.
Allocation based on the number of Occupants residing in the Apartment. If this method of
allocation is being used to determine the charge for a particular utility or service, “Allocation
Method No. 3” is noted in the Basic Terms.
Allocation based on the number of Occupants residing in the Apartment using a ratio
occupancy formula. If this method of allocation is being used to determine the charge for a
particular utility or service, “Allocation Method No. 4” is noted in the Basic Terms.
Allocation based on square footage of the apartment. If this method of allocation is being
used to determine the charge for a particular utility or service, “Allocation Method No. 5” is
noted in the Basic Terms.
Allocation based on a combination of square footage of the Apartment and the number of
Occupants residing in the Apartment. If this method of allocation is being used to determine
the charge for a particular utility or service, “Allocation Method No. 6” is noted in the Basic
Terms.
Allocation based on the number of bedrooms in the Apartment. If this method of allocation
is being used to determine the charge for a particular utility or service, “Allocation Method
No. 7” is noted in the Basic Terms.
Allocation based on a lawful formula not listed above. If such an allocation is being used to
determine the charge for a particular utility or service, “Allocation Method No. 8” is noted in
the Basic Terms, and a “Special Allocation Method Addendum” will be attached to this Lease
describing the method of allocation.
If any of the allocation methods above (other than a Flat Rate-per-Month allocation) is
used, Lessor or Lessor’s billing company will calculate Lessee’s allocated share of the utilities and services
provided and all costs in accordance with state and local statutes plus, if identified in the Basic Terms and
if permitted under Applicable Law, an administrative fee to defray Lessor’s costs incurred in determining
the allocations. Lessee agrees that any administrative fees identified in the Basic Terms are fair and
reasonable. Under any allocation method, Lessee may also be paying for part of the utility usage by or
services provided to common areas or in or to other apartments. Both Lessor and Lessee agree that using
a calculation or allocation formula as a basis for estimating total utility consumption is fair and
reasonable, while recognizing that the allocation method may or may not accurately reflect actual total
utility consumption of Lessee. Where lawful, Lessor may change the above methods of determining
Lessee’s allocated share of utilities and services and all other billing methods, in Lessor’s sole discretion,
and after providing written notice to Lessee. More detailed descriptions of billing methods, calculations
and allocation formulas will be provided to Lessee upon request. Unless prohibited by law, bills for
allocated utilities and services may also be estimated on a temporary basis when necessary due to
equipment malfunctions or other problems.
(ii) Billing and Payment. Invoices for utilities and services subject to allocation may be billed by
Lessor, Manager or a separate billing company (currently Conservice) engaged by Lessor. Invoices for
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allocated utilities and serviced must be paid within the time periods after invoice provided in the Basic
Terms. Payment must include the utility or service charge stated in the invoice and, if applicable, the
administrative fee associated therewith. The late payment of a bill or failure to pay any utility and/or
services bill is a material default of this Lease and will entitle Lessor to exercise all lawful remedies
available under this Lease.
(iii) Lessee responsible for Utilities and Services for Entire Term. Lessee will be charged for the full
period Term and any period thereafter that Lessee or any Occupant is living in or occupying the
Apartment. If Lessee breaches this Lease, Lessee will be responsible for utility and service charges for the
time period Lessee was obligated to pay the charges under this Lease, subject to Lessor’s mitigation of
damages, if required under Applicable Law.
(iv) Final bill at Move-Out. At or about Lessee Move-Out, Lessor will provide Lessee with a final bill
for all allocated utilities and services, which may be estimated by Lessor based on prior utility and services
usage. The final bill must be paid at the time of Move-Out. If not paid at Move-Out, such final bill will
continue to be an obligation of Lessee and Lessor may collect such amount from Lessee after Move-out or
the amount owing on the final bill may be deducted from the Security Deposit, if any, as permitted by
Applicable Law.
(v) No tampering. Lessee agrees not to tamper with, adjust, or disconnect any utility or services
sub-metering system or device. Violation of this provision is a material default of this Lease and will entitle
Lessor to pursue eviction or other remedies available to Lessor under Applicable Law or this Lease.
(d) Utilities in General. Lessor has the sole authority to select and approve all utility and services providers
who may provide services to the Community or any apartment therein, including the Apartment, to the extent not
prohibited by Applicable Law. Lessor is not liable for any losses or damages Lessee, any other Occupant or any
guest may incur as a result of outages, interruptions, or fluctuations in utilities or any other services provided to
the Apartment or Community. Lessee hereby releases Lessor, Manager and any of their employees from any and
all such claims and waives any claims for offset or reduction of Rent or diminished rental value of the Apartment
due to such outages, interruptions, or fluctuations.
(a) Authorized Vehicles/Parking. During the term of this Lease, each Lessee and the other Occupants of the
Apartment with a valid driver’s license will be permitted to park only the vehicles listed below in the common
surface parking lot(s) within the Community. Each such vehicle authorized hereunder (each an “ Authorized
Vehicle”) must be first registered with the Manager. Lessee will maintain liability and comprehensive insurance
coverage for any vehicle parked or stored in the Community. At the inception of this Lease, the Lessee’s
Authorized Vehicles are identified as follows:
Vehicle
Make: Kia
Model & Year: Sorrento
Color: Black
State: FL
License Plate: At7ord
Lessee shall immediately give Manager written notice if Lessee replaces any Authorized Vehicle, which notice will
include all of the information set forth above with respect to the replacement vehicle.
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If the Community issues window stickers or decals to identify Authorized Vehicles, Manager will issue a sticker or
decal for each of the Authorized Vehicles identified above at time of Move-In. If such stickers or decals are issued,
a vehicle will not be considered and Authorized Vehicle if no sticker or decal is attached. If any Authorized Vehicle
is replaced, the sticker or decal issued for that vehicle must be removed and returned to Manager and a new
sticker or decal will be issued for the replacement Authorized Vehicle.
Unless a specific parking space is identified with respect to any Authorized Vehicle above, parking of Authorized
Vehicles shall within the parking lot(s) of the Community shall be on a non-exclusive, first come, first serve basis,
with other tenants of the Community. If a specific Parking Space is identified above, Lessee shall only park the
applicable Authorized Vehicle in the identified Parking Space.
(b) Rules and Regulations Governing Parking . The following rules and regulations govern Lessee’s permission
to park in the Community and may be modified by the additional rules in effect at the Community at any given
time:
(i) Only Authorized Vehicles registered at the Management office may be parked in the Community;
provided guests of tenants of the Community may park in designated visitor parking spaces if any are
provided in the Community parking lot(s). If designated visitor parking spaces are provided, Authorized
Vehicles are not permitted to park in the designated visitor parking spaces.
(ii) Any vehicle(s) not registered, considered abandoned, or violating this Lease, or the Community
Rules, in the sole judgment of Manager, may be towed at the vehicle owner’s expense after a two (2) hour
notice is placed on the vehicle.
(iii) Any vehicle illegally parked in a fire lane, designated no parking space or handicapped space, or
blocking an entrance, exit, driveway, dumpster, or parked improperly in a designated parking space, may
be immediately towed, without notice, at the vehicle owner’s expense.
(iv) The washing of vehicles is not permitted in the Community unless specifically allowed in
designated area.
(v) Any repairs and/or maintenance of any vehicle must be with the prior written permission of the
Management.
(vi) Recreational vehicles, boats or trailers may only be parked within the Community with Manager’s
prior written permission (which may be given or withheld in Manager’s sole discretion), and must be
registered with the Management Office and parked only in the area(s) designated by Manager.
(c) Garage or Carport Spaces. Unless leased pursuant to the Rentable Item Addendum, Lessee’s permission
to park Authorized Vehicles within the Community shall not include permission to park in any covered carport,
garage or reserved parking space located within the Community. If any garage, carport or reserved parking space
is leased, use thereof shall be subject to the terms and conditions of the Rentable Item Addendum.
(d) Storages Space(s). Unless leased pursuant to the Rentable Item Addendum, this Lease does not entitle
Lessee to any rights to use any storage space that may be located in the Community exterior to Lessee’s
Apartment. If any storage space is leased, use thereof shall be subject to the terms and conditions of the Rentable
Item Addendum.
(e) Community Access Gate(s). If the Community in which the Apartment is located is now served or
hereafter becomes served by automated entry and/or exit access gates regulating access to and from the
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Community and the adjacent public streets, this Section shall be applicable to this Lease and Lessee shall be
obligated to comply with this Section. Lessee will be issued gate fob(s), remote control(s) or an access code, as
applicable at Move-In or at such later time, if any, as access gates are installed.
(i) Rules Governing Use of Access Gates. Lessee and any Occupant using the access gates shall
comply with the rules for such uses set forth in this Section. Lessee acknowledges and agrees that if the
gates are damaged by Lessee or other Occupants, guests or invitees through negligence or misuse,
including as a result of the violation of these rules, Lessee will be liable for the damages under this Lease,
and collection of damage amounts will be pursued by Lessor. The rules for use of the access gates are:
Always approach entry and exit gates with caution and at a very slow rate of speed.
Never stop a car where the gate can hit the vehicle as the gate opens or closes.
Never follow another vehicle into an open gate.
Always use Lessee’s own access device or enter Lessee’s code to gain entry.
Report to management the vehicle license plate number of any vehicle that piggybacks through
the gate.
Never force the gate open with a car.
Never get out of a vehicle while the gates are opening or closing.
Do not operate the gate if there are pets or persons nearby who might get caught in it as it opens
or closes.
If Lessee loses its access device, contact the management office immediately.
Do not give Lessee’s access device or code to anyone else.
Do not tamper with gate or allow any guests to tamper or play with gates.
If Lessee has obtained prior approval of Manager to park a boat, trailer or recreational vehicle in
the Community, Lessee must contact the management office for assistance before using the
access gates. The length and width of the trailer or recreational vehicle may cause recognition
problems with the safety loop detector and could cause damage.
Immediately report any malfunctions or damage to the gates or related equipment to the
Manager.
Submit the applicable vehicle insurance or claim information to the leasing office within twenty-
four (24) hours of any accident or damage to the access gate. Failure to do so will result in
damage costs being added to Lessee’s resident ledger.
(ii) Lessee acknowledges and agrees that neither Lessor nor Manager is responsible in any way,
whether monetarily or otherwise, for damage to any vehicle of Lessee, any Occupant or any guest as a
result of the access gates at the Community. If damage is caused to any vehicle of a Lessee, Occupant or
guest because of an access gate malfunction Lessee should contact its vehicle insurance company and the
insurer may pursue the matter if they see fit.
(iii) Waiver of Recovery/Subrogation: The Lessee waives all rights of recovery and shall cause its
Insurers to waive their rights of subrogation against IRT Management, LLC and all the Indemnified
Parties and any of their agents and employees for loss or damage covered by any property insurance or
Automobile Physical Damage Insurance whether maintained by the Lessee pursuant to this Agreement
or otherwise.
(a) General conditions for use of Community Amenities . Lessee and the other Occupants are hereby given
permission to use, in common with all other residents and guests, all common areas and the recreational and
other facilities (each individually an “Amenity” and collectively the “Amenities”) located within the Community.
The foregoing permission to use the Amenities is a privilege and license granted by Lessor, and not a contractual
right of Lessee and such permission is expressly conditioned upon adherence by Lessee, the other Occupants and
their guests to the terms of this Lease and the Community rules and regulations (“Rules”) in effect at any given
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time, and such permission may be revoked by Lessor at any time for any lawful reason. In all cases, the most strict
terms of either this Lease or the Community Rules shall control. Lessor reserves the right to set the days and hours
of use for all Amenities and to change the character of or close any Amenity based upon the needs of Lessor and in
Lessor’s sole and absolute discretion, without notice, obligation or recompense of any nature to Lessee. Lessor
and Manager may make changes to the Rules for use of any Amenity at any time upon thirty (30) days prior written
notice to Lessee, or such shorter notice period as may be reasonable under the circumstances.
Lessee acknowledges and agrees that Lessee shall be solely responsible for its compliance and for the
compliance by any other Occupants of the Apartment and any guests of Lessee and or such Occupants with the
provisions of this Lease and the Rules governing the use of Amenities. Lessee expressly agrees to assume all
risks of every type, including but not limited to risks of personal injury or property damage, of whatever nature
or severity, related to the use of the Amenities by Lessee, other Occupants and the guests of any of them.
Lessee agrees to hold Lessor, Manager, any affiliates of either and all of their respective officers, partners,
employees, agents and assigns (collectively, “Lessor Parties”), free and harmless and releases and waives any
and all claims, allegations, actions, damages, losses, or liabilities of every type, whether or not foreseeable, that
Lessee, any Occupant or the guests of any of them may have against Lessor Parties and that are in any way
related to or arise from such use. This provision shall be enforceable to the fullest extent permitted by
Applicable Law.
(b) Pool. This Community has a pool. If this Community is equipped with a pool, when using the pool, Lessee
shall comply, and shall cause all other Occupants of the Apartment and any guests to comply, with the following:
All persons using the pool will adhere to the rules and regulations posted in the pool area and
Management policies.
All swimmers swim at their own risk. Lessor is not responsible for accidents or injuries, including
death.
All patrons must shower before entering the pool. Persons with open cuts, sores, bandages,
colds, coughs or infected eyes are not permitted in the pool.
All patrons who are not reliably toilet trained must wear a swimsuit diaper or plastic pants and a
swim suit. No cloth or disposable diapers are allowed.
For their safety, no person will swim alone.
Pool hours are posted at the pool.
No glass, pets, or alcoholic beverages are permitted in the pool area. Only use of paper or plastic
containers is permitted.
Proper swimming attire is required at all times and a swimsuit “cover up” should be worn to and
from the pool.
No running or rough activities are allowed in the pool area. All persons utilizing the pool will
respect others by minimizing noise, covering pool furniture with a towel when using suntan oils,
leaving pool furniture in pool areas, disposing of trash, and keeping pool gates closed.
Any person unable to comprehend these rules and the innate dangers of this amenity should be
supervised by a competent adult.
Lessee must notify manager immediately any time there is a problem or safety hazard at the
pool.
(c) Fitness Center. This Community has a fitness center. If this Community is equipped with a fitness center,
when using the fitness center, Lessee shall comply, and shall cause all other Occupants of the Apartment and any
guests to comply, with the following:
All persons will adhere to the rules and regulations posted in the fitness center and Management
policies.
The Fitness Center is not supervised. Lessee is solely responsible for the appropriate use of
equipment by Lessee, other Occupants, and any guests.
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All persons shall carefully inspect, each piece of equipment prior to its use and shall refrain from
using any equipment that may be functioning improperly or that may be damaged or dangerous.
Lessee shall immediately report to Manager any equipment that is not functioning properly, is
damaged or appears dangerous, as well any other person’s use that appears to be dangerous or
in violation of these rules or any posted rules or policies.
All persons shall consult a physician before using any equipment in the Fitness Center and before
participating in any aerobics or exercise class, and will refrain from such use or participation
unless approved by such person’s physician.
All persons will keep Fitness Center locked at all times during their visit to the Fitness Center.
No person will admit any other person to the Fitness Center, who has not registered with the
Manager.
Any guest must be accompanied by an Occupant and any person unable to comprehend these
rules and the innate dangers of this amenity should be supervised by a competent adult.
No glass, smoking, eating, alcoholic beverages, pets, or black sole shoes are permitted in the
Fitness Center.
If the rules of the Community require an access card for entry into the Fitness Center, an appropriate number of
access cards will be issued to Lessee and, if applicable, other Occupants, at Move-In. Neither Lessee nor any
Occupant may not give or allow any other persons to use an access card issued to Lessee.
(d) Grilling Stations. This Community has a grilling station. If this Community is equipped with a grilling
station, when using the grilling station, Lessee shall comply, and shall cause all other Occupants of the Apartment
and any guests to comply, with the following:
Clean grills and grilling area before and after each use.
Check the surrounding area for and remove all flammable debris before operating the grill.
Any person unable to comprehend these rules and the innate dangers of this amenity should by
supervised by a competent adult.
Keep pets out of the grilling area.
Carefully follow grill manufacturer’s lighting instructions.
Make sure all knobs are in the off position before leaving the grilling area.
Never leave the grill unattended while it’s in use.
Please be courteous with your time if others are waiting to use the grills.
If you encounter any problems while grilling, please notify management immediately.
(i) Packages delivered to residents at the Community are handled as follows (check one):
[ _ ] This Community does not offer package acceptance services. Lessee agrees that neither
Lessor nor Manager shall have any duty to accept packages delivered to Lessee by the U.S.
Postal Service or by any private courier service or individual.
Lessee authorizes Manager, as its agent, to accept, on Lessee’s behalf and on behalf of any other
Occupants, any package or item delivered to the Community’s on-site management office during
disclosed business hours, including but not limited to any package delivered by the U.S. Postal Service or
by any private courier service or individual. Manager may refuse to accept any package for any reason or
no reason at all.
Lessee, on Lessee’s behalf and on behalf of any other Occupants, specifically authorize Manager
to sign on behalf of Lessee or any other Occupant if the person or entity delivering said package or item
requires an adult signature prior to delivery, including but not limited to the delivery of certified or
registered mail.
A photo I.D. is required before any packages accepted by Manager will be released. Packages will
only be released to verified Lessee(s) or Occupants or approved representatives.
Manager may refuse to accept any package for any reason or no reason at all.
Due to limited storage space, Lessee must pick up packages as soon as possible. Lessee agrees
that neither Lessor nor Manager shall have any duty whatsoever to hold or store any package for more
than seven (7) days after receipt. If any package is not picked up within that time, Lessee agrees that
Manager may deem such package abandoned and Lessee hereby authorizes Manager to return the
package to its original sender.
Manager is specifically authorized to throw away or otherwise dispose of any package that
Manager, in its sole discretion, deems to be dangerous, noxious, or in the case of packaged food, spoiled,
and Lessee hereby waives any claim whatsoever resulting from such disposal.
Lessee should notify the management office if Lessee is going to be away from the Apartment
and expects to be receiving a package(s) in its absence.
(iii) Risk of Loss. Lessee acknowledges and agrees that as to any package deposited in a package
management locker system or for which Manager signs and/or receives on behalf of Lessee and or any
other Occupant neither Lessor nor Manager shall have no duty to (A) notify Lessee of receipt of such
package; (B) maintain, protect, or deliver said package to its addressee; or (C) make said package
available to Lessee outside disclosed business hours. Any packages or personal property delivered to
Manager or stored by Manager shall be at Lessee’s and the addressee’s sole risk, and Lessee and the
addressee assume all risks whatsoever associated with any loss or damage to such packages and personal
property. Lessee, on behalf of itself and all other Occupants hereby waives any and all claims against
Lessor, Manager, and their respective employees, agents or representatives, of any nature regarding or
relating to any package or item received by Manager, including but not limited to, claims for theft or
misplacement of, or damage to, any such package, except in the event of gross negligence or willful
misconduct by any such person. Lessee also agree to defend and indemnify and hold Lessor, Manager,
and their respective employees, agents or representatives harmless from any and all claims that (1) may
be brought by any third party relating to any injury sustained relating to or arising from any package
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received on Lessee’s or any other Occupant’s behalf and/or (2) relate to damage caused to any party so
indemnified by any package received on Lessee’s or any other Occupant’s behalf.
(iv) Opting Out. Lessee has the right to revoke the authorization given to Manager to accept, on
behalf of the Lessee or any other Occupant, any package or item addressed to the Apartment and
delivered to the Community’s on-site management office, by written notice given by a Lessee to Manager
at the on-site management office. Such revocation shall be effective prospectively upon delivery of such
written revocation and shall apply to all Occupants of the Apartment.
8. Lessor Responsibilities.
(a) Services and Utilities. Lessor will only provide the services and utilities to the Apartment that Lessor
specifies in the Basic Terms. Lessor will provide the utilities specified in the Basic Terms in the reasonable
quantities necessary for habitable condition of the Apartment and as otherwise required under Applicable Law.
Lessor will have no liability for any interruption or insufficiency of any service or utility due to circumstances
beyond Lessor’s reasonable control.
(b) Maintenance and Repairs. Lessor will use customary care to maintain the building in which the
Apartment is located, including common areas therein, and the other buildings and Amenities in the Community,
including common areas, in a reasonably clean, safe, and habitable condition in substantial accordance with the
requirements of Applicable Law. Lessor will be responsible for, and will pay for, repairing (and restoring to working
condition) the fixtures and equipment, including any appliances provided by Lessor, located in the Apartment,
except if any repairs are necessary as a result of improper use by Lessee or any other Occupants or the guests of
any of them. Lessee will notify Lessor in writing promptly upon Lessee becoming aware of any condition at the
Building or within the Apartment that requires repair or maintenance by Lessor in accordance with the procedures
for such notification set forth below. Lessee will be responsible for any damages to Lessor’s property, or to the
personal property of others, if Lessee fails to promptly report needed repairs to or maintenance of fixtures and
equipment where resulting delay in undertaking needed repairs or maintenance causes such damage. Lessor will
undertake any required repairs with reasonable promptness, based on the condition, following receipt of notice.
Delay by Lessor in performing or completing any repair will not permit Lessee to complete the repair or incur
related expenses or to terminate this Lease except as permitted by Applicable Law.
(c) Procedure for requests, repairs, and malfunctions . Lessee must promptly notify Manager in writing of:
water leaks; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions
that pose a hazard to property, health, or safety. All requests by Lessee or any Occupant for repair or maintenance
to the Apartment or any fixture, equipment or appliances therein or for any other services must be made in writing
and must be delivered to Manager by either (A) submission through the online Resident/Management portal
maintained for the Community or (B) delivered to Manager at the on-site management office in the Community.
Oral requests made by Lessee, whether in person or by telephone, do not constitute written notice for purposes
hereof even if Manager’s representative makes written notes of such conversation. The only exceptions to the
foregoing are requests for repairs necessitated by emergency situations such as overflowing sewage,
uncontrollable running water or electrical shorts which if not addressed expeditiously could result in damage to
the Apartment or other apartments in the Community, and in such cases oral notice of the condition and need for
repairs given to manager by telephone or in person at the on-site management office will be sufficient. Air
conditioning problems are rarely emergencies. If air conditioning or other equipment malfunctions, Lessee should
provide Manager a written request as required above for repair as soon as possible. If Lessee becomes aware of
any fire, smoke, gas, explosion or other condition posing and imminent danger to persons or property anywhere
within the Community, or if Lessee witnesses a crime in progress, Lessee must first call 911 to report such
condition or situation to the appropriate authorities and only thereafter call Manager at the on-site management
office to report such condition or situation to Manager.
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Except as specifically provided above, Lessor is not obligated to provide repair or maintenance or other services
except following a delivery of a written request for therefor from Lessee. Lessor’s compliance with or responding
to any oral request made by Lessee in a particular instance does not waive Lessor’s right to require strict
compliance with the written request requirements of this Lease. Lessor will act with customary diligence to make
necessary repairs and maintenance activities following receipt of written request as provided above.
(d) Pest Control Services. Lessor will conduct periodic pest control/extermination operations in and about
the Community and in and about the buildings located therein and unless prohibited by Applicable Law, such pest
control/extermination obligations may include operations within the Apartment several times a year and as
needed to prevent insect infestation. Lessor will give Lessee advance written notice of the date on which any pest
control operations are scheduled to be conducted in the Apartment and give Lessee instructions preparing the
Apartment for treatment for and safe contact with insecticides. On receipt of such notice from Lessor, Lessee will
prepare the Apartment for treatment on the scheduled date in accordance with Lessor’s instructions. If Lessee
fails to prepare the Apartment for a scheduled treatment date, Lessor will prepare the Apartment and charge
Lessee the cost of such preparation. If at any time Lessee believes pest control treatments in addition to those
regularly provided by Lessor are necessary, Lessee must request such service from Lessor in writing and delivery
such written request in accordance with Section 8(c) of the Additional Terms above. Lessee agrees to perform the
tasks required by Lessor on the day scheduled for interior extermination treatment in Lessor’s notice to ensure
the safety and effectiveness of the extermination. These tasks will include, but are not limited to, the following:
Clean the inside of all cabinets, drawers, and closets in kitchen and pantry.
If roaches have been seen in closets, remove contents from shelves and floor.
Remove all Guests and Occupants from the dwelling.
Remove pets or place them in bedrooms, and notify Lessor of such placement.
Remove chain locks or other types of obstruction on day of service.
Cover fish tanks and turn off their air pumps.
Do not wipe out cabinets after treatment.
Lessee’s obligations under this Section are independent of Lessee’s obligations with respect to Bed Bugs under
Section 4(j) of the Additional Terms above and do not limit or affect Lessee’s obligations under that Section of this
Lease.
LESSEE IS SOLELY RESPONSIBLE TO NOTIFY LESSOR IN WRITING PRIOR TO ANY SCHEDULED EXTERMINATION OF
ANY ANTICIPATED HEALTH OR SAFETY CONCERNS RELATED TO EXTERMINATION AND THE USE OF INSECTICIDES
IN THE APARTMENT.
(a) Access for Maintenance and Repairs. Lessor, its agents and contractors, will have the right of reasonable
access to the Apartment to perform its obligations of maintenance and repair of the Apartment or any other
portion of the Building as long as Lessee is provided (in writing, by telephone, or other means designed in good
faith to provide notice) twenty four (24) hours’ notice (or longer period if required by Applicable Law) prior to
entry, except that in the case of an emergency, if repairs or maintenance elsewhere in the building in which the
Apartment is located unexpectedly require access to the Apartment or other exigent circumstances, such as
inspecting when immediate danger to person or property is reasonably suspected; allowing persons to enter as
Lessee authorized in Lessee’s rental application (if Lessee dies, is incarcerated, etc.); allowing entry by a law officer
with search or arrest warrant or in hot pursuit, Lessor may immediately access the Apartment and will give Lessee
notice of the entry by leaving such notice in a conspicuous place within the Apartment at time of entry or
otherwise within two (2) days after. If no one is in the Apartment at time of entry, Lessor or its agents may enter
peacefully and at reasonable times by duplicate or master key (or in the case of an emergency by other means as
may be necessary to gain access such by breaking a window).
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(b) Access to Show Apartment. Lessor and its agents will have the right to access the Apartment for the
purpose of showing the Apartment to prospective tenants, lenders, and purchasers. Lessor will provide forty-eight
(48) hours (or longer period if required by Applicable Law) prior notice given to Lessee (in writing, by telephone or
other means designed in good faith to provide notice). Lessee will not prevent Lessor from accessing the
Apartment in order to conduct showings for which Lessee was provided notice.
(a) Subleases, Assignments and Replacements. Lessee will not sublease all or any portion of the Apartment,
assign Lessee’s interest in this Lease or replace any individual comprising the Lessee hereunder with any other
person (a “Replacement”) without the prior written consent of Lessor. No sublease of the Apartment, assignment
of Lessee’s interest in this Lease or Replacement, whether or not consented to by Lessor, will release any individual
comprising Lessee from any obligation under this Lease, and Lessee will be liable for any violations of this Lease
caused by a subtenant, assignee or Replacement Lessee. Any attempted sublease of the Apartment, assignment of
Lessee’s interest in this Lease or attempted Replacement of any Lessee without Lessor’s prior written consent will
be void and will constitute a material default hereunder and will be cause for termination by Lessor. Lessee must
provide Lessor with a written request for consent to any proposed sublease, assignment or Replacement which
shall include the identity of the proposed subtenant(s), assignee(s) or Replacement Lessee(s) together with
Lessor’s standard form of rental application completed by such person(s). Lessee may not vacate the Apartment
prior to receipt of Lessor’s consent to a proposed sublease, assignment or Replacement and if Lessee does so, such
action will constitute a material default hereunder and will be cause for termination by Lessor. Lessor’s consent to
any such proposed transaction shall be in Lessor’s sole judgement based upon multiple factors, including if Lessor
approves of the proposed subtenant(s), assignee(s) or Replacement Lessee(s). Any consent by Lessor will be
delivered to Lessee in writing. If Lessor grants its consent to any such transaction the following shall apply: (i)
Lessee shall pay Lessor its standard administrative fee and/or transfer fee; (ii) Lessee shall pay for rekeying the
Apartment if requested by Lessee or required by Lessor; (iii) at Lessor’s option, (A) any assignee or Replacement
tenant must sign this Lease with or without an increase in the Security Deposit (which Lessor may require as a
condition to providing its consent), or (B) the assignee or Replacement Lessee must, together with any persons
originally a Lessee hereunder that may be remaining as Lessee(s) after the assignment or Replacement, must
execute and deliver a new Lease for the Apartment; (iv) unless Lessor otherwise agrees in writing, any Security
Deposit held hereunder will automatically transfer to the assignee or the Replacement Lessee as of the date of
Lessor’s consent, and the assignor or any departing Lessee will no longer have a right of occupancy of the
Apartment or to the refund of any Security Deposit; and (v) in all cases, all individuals originally comprising the
Lessee hereunder will remain jointly and severally liable (together with any assignee or Replacement Lessee) for all
obligations and liabilities under this Lease through the end of the Term hereof.
(b) Short Term Rental Prohibition . Short term rental of the Apartment is strictly and absolutely prohibited.
Lessee will not rent the Apartment, or any portion of the Apartment, or advertise the Apartment for rent, under
any short-term rental program such as “Airbnb,” “VRBO,” or similar program, and Lessee’s entry into short-term
rental agreement will be a material default hereunder and cause for termination of this Lease by Lessor. In
addition, Lessee will be responsible for and will be held liable for any and all losses, damages, and/or fines that
Lessor may incur as a result of Lessee’s violation of the terms of this Section, and for any and all losses, damages
and/or fines resulting from the actions of any person(s) who occupy the Apartment in violation of the terms of this
Section, including, but not limited to, property damage, disturbance of other residents, and violence or attempted
violence to another person. Further, in accordance with Applicable Law and without limiting Lessee’s liability as
described in the previous sentence, Lessee agrees that Lessor will have the right to collect against any renter’s or
liability insurance policy maintained by Lessee for any losses or damages that Lessor incurs as the result of any
violation of the terms of this Section.
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(a) Lease Renewal. Neither Lessor nor Lessee is obligated to renew this Lease for any period beyond the End
Date; provided however, this Lease will renew on a month-to-month basis beginning the day after the End Date if
both (a) Lessee failed to give Lessor written notice of Lessee’s intention not to renew this Lease on or before the
Non-Renewal Notice Date (as defined in the Basic Terms) (if delivered prior to the Non-Renewal Notice Date, a
“Move-Out Notice” (as defined below) given by Lessee to Lessor will constitute a notice of intention not to renew)
and (b) Lessor failed to give Lessee written notice of Lessor’s intention not to renew this Lease on or before the
Non-Renewal Notice Date. If this Lease renews on a month-to-month basis pursuant to the terms of this Section, if
Lessor delivered written notice to Lessee of proposed terms for renewal of this Lease at least five (5) days prior to
the Non-Renewal Notice Date, then the Monthly Rent for the month-to-month tenancy shall be the month-to-
month rate stated in Lessor’s proposed terms, otherwise the Monthly Rent for the month-to-month tenancy will
be Lessor’s then-current market month-to- month rate for similar apartments in the Community, as determined by
Lessor, plus in either case a monthly fee of $200.00. If either Lessor or Lessee delivers the other a notice of non-
renewal of this Lease on or before the Non-Renewal Notice Date, the term of this Lease shall end on the scheduled
End Date and Lessee shall be obligated to vacate the Premises by that date in accordance with the terms hereof.
(b) Early Lease Termination. If Lessee desires to terminate the Lease prior to the End Date, Lessee shall be
entitled to do so subject to the following terms and conditions:
(i) Lessee shall provide Lessor with at least sixty (60) days’ prior notice in writing of Lessee’s desire
to terminate this Lease prior to the End Date (the “Early Termination Notice”). The date on which such
Early Termination Notice is delivered to Lessor shall be deemed to be the “Notice Date”. Such Early
Termination Notice shall set forth with specificity the date on which Lessee desires to end the Lease (such
date, the “Early Termination Date”). In the event the Early Termination Date specified in the Early
Termination Notice is less than 60 days after the Notice Date, the Early Termination Date shall be deemed
to be the date which is 60 days after the Notice Date.
(ii) Lessee’s payment to Lessor of an early termination fee in the amount of $2,970.00 (the “Early
Termination Fee”). The Early Termination Fee is an agreed-to liquidated amount covering only part of
Lessor’s damages, that is, Lessor’s time, effort, and expense in finding and processing a replacement
resident and is not a penalty but a separate bargained for consideration promised by Lessee to Lessor in
exchange for Lessor agreeing to end the Lease early. The damages to Lessor are uncertain and difficult to
ascertain—particularly those relating to inconvenience, paperwork, advertising, showing dwellings,
utilities for showing, checking prospects, office overhead, marketing costs, and locator-service fees. Lessor
and Lessee agree that the Early Termination Fee is a reasonable estimate of such damages.
(iii) Lessee repays to Lessor the amount of $$1,485.00, which is the amount of concessions Lessee
received when signing the Lease.
(iv) Lessee is not in default under the Lease as of the Notice Date or the Early Termination Date;
(v) Lessee vacates the Apartment on or before the Early Termination Date in the condition required
under this Lease;
(vi) Lessee fully and timely complies with all of the other terms of this Lease including, without
limitation, payment of all Rent through the Early Termination Date. If the Lease is terminated early due to
Lessee’s default (for example, if Lessee abandons the Apartment without paying Rent or is evicted), this
section will be deemed null and void without further notice from Lessor, Lessee will not be entitled to an
early termination of the Lease and Lessee will be obligated to honor all obligations under the Lease
through the End Date.
(vii) The Early Termination Fee specified in above paragraph 11(b)(ii) and the total dollar amount of
any concessions specified in paragraph 11(b)(iii) is due and payable no later than the date which is ten
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(10) days after the Notice Date. If Lessee fails to pay such amounts by such date, Lessee’s election to
terminate this Lease early shall be null and void.=
12. Rent Increases and Lease Changes . No increases in Monthly Rent or changes to the terms of this Lease are
allowed before the End Date of the initial Term stated herein, except for any made by a written addendum or amendment
signed by both Lessor and Lessee, or by reasonable changes of Community Rules or policies expressly permitted under the
various Sections of this Lease and Applicable Law. If, however, at least five (5) days before the Non-Renewal Notice Date
defined in the Basic Terms, Lessor provides Lessee with Lease changes effective when this Lease Term or any renewal
period ends (which may include changes in Rent as more particularly described in Section 12 of the Additional Terms above)
and this Lease automatically continues on a month-to-month basis pursuant to Section 12 of the Additional Terms above,
this Lease changes so identified in Lessor’s notice shall be effective (together with any increased Rent terms, if applicable)
during such month-to-month tenancy.
13. Military Personnel Clause. Congress has enacted into law the “U.S. Servicemembers Civil Relief Act” (“SCRA”).
This law, among other things, modifies the rights of military personnel to terminate a lease in certain cases and provides
that military personnel may waive their rights under the SCRA in certain circumstances. There are different interpretations
of how the SCRA affects dependents’ and occupants’ rights to terminate a lease in the event of a deployment. This Section
clarifies the rights of any individual who constitutes the Lessee hereunder that is currently or hereafter during the Term of
this Lease becomes a “servicemember” and Lessor’s obligations in the event of a deployment of such servicemember during
this Lease Term. This Section provides for a limited waiver of the terms of the SCRA. However, Lessor agrees to grant
individuals covered by the SCRA and their spouse and/or dependents all of the rights described in this Section.
(a) Waiver of Rights under SCRA . Each and any individual who is a Lessee under this Lease and who is a
servicemember on active military duty at the time of signing this Lease and Lessee’s spouse waive for the purposes
of this Lease all rights under the SCRA, and shall instead have the rights and obligations set forth below in this
Section.
(b) Military personnel right to terminate . Except as provided in subsection (c) below, Lessee or his/her
spouse may terminate this Lease if Lessee enlists or is drafted or commissioned in the U.S. Armed Forces during
the original Term or any renewal term of this Lease. Lessee or his/her spouse also may terminate this Lease if:
(i) Lessee is (1) a member of the U.S. Armed Forces or reserves on active duty or (2) a member of
the National Guard called to active duty for more than thirty (30) days in response to a national
emergency declared by the President; and
(ii) Lessee (1) receives orders for permanent change-of-station, or (2) receives orders to deploy
with a military unit or as an individual in support of a military operation for ninety (90) days or more.
If Lessee or his/her spouse terminates this Lease under this Section, Lessor must be furnished with a copy of
Lessee’s or his/her spouse’s military orders, such as permanent change-of-station orders, call-up orders, or
deployment orders or letter. Military permission for base housing does not constitute permanent change-of-
station orders.
(c) Exception for termination upon deployment orders. If Lessee or Lessee’s spouse is terminating this Lease
due to deployment orders, Lessee or Lessee’s spouse may terminate this Lease only on the condition that during
the remainder of the Term of this Lease neither Lessee nor Lessee’s spouse will accept an assignment for or move
into base housing or other housing located within 45 miles of the dwelling unit described above.
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If Lessee or Lessee’s spouse terminates this Lease and violates this paragraph, this Lease shall be deemed to have
not been legally terminated, and Lessee and Lessee’s spouse shall be in material default under this Lease. In that
event, Lessor will have all legal remedies, including all those described in this Lease.
(d) Effect of housing allowance continuation. The fact that the servicemember continues to receive a housing
allowance for the servicemember’s spouse and/or dependents after deployment does not affect the right of the
servicemember or the servicemember’s spouse to terminate unless otherwise stated in this Lease.
(e) Other Lessees. No individual constituting the Lessee under this Lease and who is not a servicemember or
a spouse dependent of a servicemember may terminate this Lease under the terms of this Section. The right of a
servicemember and the servicemember’s spouse to terminate this Lease under this Section only affects this Lease
as it applies to servicemember and the servicemember’s spouse and does not affect the rights and obligations of
any other individual(s) comprising the Lessee under this Lease, all of which remain unchanged.
(f) Termination date. If Lessee or Lessee’s spouse terminates this Lease under this Section, all rights and
obligations of Lessee and Lessee’s spouse under this Lease will be terminated thirty (30) days after the date on
which the next Monthly Rental payment is due, with the exception of obligations arising before the termination
date and lawful security deposit deductions.
(g) Representations. Lessee represents when signing this Lease that: (1) Lessee has not already received
deployment or change-of-station orders; (2) Lessee will not be retiring from the military during this Lease Term;
and (3) the term of Lessee’s enlistment or obligation will not end before this Lease Term ends. Liquidated
damages for making a false representation of the above will be the amount of unpaid rent for the remainder of
this Lease Term when and if Lessee moves out, less rents from others received in mitigation under this Lease.
Lessee must immediately notify Lessor if Lessee is called to active duty or receive deployment or permanent
change of station orders.
(h) Other rights unchanged. All other contractual rights and duties of both Lessee and Lessor under this
Lease remain unchanged.
14. Equal Housing Opportunity Policy. Lessor provides rental housing on an equal opportunity basis. Consistent with
this policy, Lessor welcomes persons with disabilities to our Community and will not discriminate against any person
because of his or her disability, or his or her association with anyone with a disability. In addition, Lessor knows that it may
sometimes be necessary for persons with disabilities to be able to make modifications to their dwelling or to have
accommodations made in Lessor’s practices or procedures to enable them to fully enjoy and use their residences, and
Lessor has created the policy described in this Section to meet that need.
(a) Purpose of Section. A Lessee or Occupant may be entitled under state and federal fair housing laws to a
reasonable accommodation and/or reasonable modification when needed because of a disability of the resident,
the applicant, and/or a person associated with a resident or applicant, such as a member of the household or
frequent guest. The reasonable accommodation and/or reasonable modification must be necessary for the
individual with the disability to have an equal opportunity to fully use and/or enjoy housing services offered to
other residents and/or the individual dwelling unit. Lessor will grant requests for accommodations or
modifications that are reasonable and necessary because of a disability, would not impose an undue financial or
administrative burden on Lessor’s operations, and do not fundamentally alter the nature of services or resources
Lessor provides as part of our housing program in this Community.
(b) Definitions.
(i) “Disability.” The Federal Fair Housing Act defines a person with a disability to include: (1)
individuals with a physical or mental impairment that substantially limits one or more major life activities;
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(2) individuals who are regarded as having such an impairment; or (3) individuals with a record of such an
impairment.
(i) Generally. If you are a Lessee or Occupant (i) with a disability, or (ii) someone associated with
you has a disability, you have the right to request a reasonable modification to the Apartment or the
common areas, in accordance with fair housing laws, if such modifications may be necessary to allow you
to have an equal opportunity to fully use and/or enjoy the Apartment.
(ii) Reasonable Modification Expenses. Expenses for reasonable modifications, and restoration
expenses, if applicable, of such modifications, shall be allocated in accordance with state and federal fair
housing laws.
(iii) Permission Required, Evaluation of Disability. If you would like to request a reasonable
modification to the Apartment or the common areas of the Community that is necessary because of a
disability, you must first obtain permission from us. Lessor prefers that you use the our “Reasonable
Accommodation and/or Modification to Rental Unit” form, but you are not required to use this form
which is available on request. If you would like or need assistance in completing this form, please let us
know, and Lessor will be glad to provide assistance. Whether Lessee uses Lessor’s form or Lessee’s own
form of request, Lessor will need to know what specific modification is being sought. In addition, if the
disability or the disability-related need for the modification is not obvious, Lessor may ask for information
that is reasonably necessary to evaluate the disability-related need for the modification; however, Lessor
will only request information necessary to evaluate Lessee’s request, and all information will be kept
confidential.
(iv) Reasonable Assurances. Depending on the modification requested, Lessor may require you to
provide reasonable assurances that the modification will be done in a workmanlike manner and that any
required building permits will be obtained. In some cases, any third-party retained to perform the
modification may also have to be approved in writing by us, and be properly licensed and Insured. During
and upon completion of the modification, Lessor may inspect the work in connection with our overall
property management responsibilities. Lessor will not increase Lessee’s security deposit as a result of a
modification request. However, when applicable, if you fail to restore the interior of the dwelling to its
original condition, excluding normal wear and tear, at the end of the tenancy, Lessor may assess the cost
of restoration against Lessee’s Security Deposit and/or final account upon Move-Out.
(v) Restoration Reimbursement. At the end of this Lease Term, Lessee may be responsible to
restore the interior of the Apartment to its pre-modification condition at Lessee’s expense, depending on
the nature of the modification. Again, depending on the modification, Lessor may request that Lessee
deposit sufficient funds for that restoration in an interest bearing escrow account to ensure any required
restoration can be completed. Regardless of modification, Lessee will remain responsible to pay for
damage to the Apartment in excess of ordinary wear and tear.
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(vi) Alternative Modification. Depending on the circumstances, Lessor may not be able to grant the
exact modification you have requested, and Lessor may ask to discuss other alternatives with you.
(i) Generally. Lessor will make reasonable accommodations in our rules, policies, practices, and/or
services, to the extent that such accommodations may be reasonably necessary to give you, as a disabled
person, an equal opportunity to fully use and enjoy the Apartment, and the public and common areas of
the premises, and as otherwise required by law.
(ii) Request for Accommodation, Evaluation of Disability. If you would like a reasonable
accommodation that is necessary because of a disability, please submit a request to us, preferably using
the attached “Reasonable Accommodation and/or Modification to Rental Unit” form, but you are not
required to use this form. If you would like or need assistance completing this form, please let us know
and Lessor will be glad to provide assistance. Whether Lessee uses Lessor’s form or Lessee’s own form of
request, Lessor will need to know what accommodation is being sought. In addition, if the disability is not
obvious, Lessor may ask for information that is reasonably necessary to evaluate the disability-related
need for the accommodation. Lessor will only request information that is reasonably necessary for Lessor
to evaluate Lessee’s request, and Lessor will keep all information Lessee provides confidential.
(iii) Alternative Accommodation. Depending on the circumstances, Lessor may not be able to grant
the exact accommodation you have requested and Lessor may ask to discuss other alternatives with you.
(e) Lessor Responsibility. Lessor will respond to all requests for a reasonable accommodation and/or
modification in a timely manner. If Lessor denies Lessee’s request for a reasonable modification and/or
accommodation, Lessor will explain the reason for our denial and Lessor will discuss with Lessee whether there are
alternative accommodations and/or modifications that Lessor could provide that would meet Lessee’s needs.
Lessor is also committed to entering into an interactive dialogue with Lessee in relation to any request, and
therefore agrees to speak with Lessee in relation to any request so that Lessee has sufficient opportunity to
provide Lessor with any information Lessee believes is relevant to Lessor’s evaluation of Lessee’s request for the
modification(s) and/or accommodation(s).
(f) Amendment to Policy. This policy may be amended and updated at any time upon written notice to you.
In addition, in the event of any conflict between this policy and/or state, local or federal law, the provisions of such
law shall control.
15. Surrender of Possession of the Apartment by Lessee/"Move-Out" . Lessee’s “Move-Out” (as defined below) of
the Apartment must occur no later than on the End Date (or earlier termination of this Lease) or, if applicable, on such later
date as any month-to-month tenancy created under Section 12 of the Additional Terms above terminates. As used herein
“Move-Out” shall mean that all of the following have occurred: (a) Lessee and all other Occupants have vacated the
Apartment and removed all of their respective personal property from the Apartment, (b) Lessee has repaired all damage to
the Apartment caused by the occupancy of Lessee and the other Occupants and returned the Apartment to the same
condition as at the Start Date, ordinary wear and tear excepted, and shall have cleaned the Apartment to the state of
cleanliness originally delivered to Lessee at the Start Date; and (c) Lessee has returned to Lessor all keys, access cards, gate
fobs, and/or remote controls issued to it by Lessor. In addition to the foregoing, on or before the Move-Out Date (defined
below) Lessee shall have paid any and all Monthly Rent and all other charges due and payable to Lessor hereunder through
the End Date, including the final bill (including the Utility Move-Out Fee) for any utility and service charges for such period
(“Final Monetary Obligations”). Lessee must give Lessor prior written notice (“Move-Out Notice”) of the date Lessee
intends to Move-Out of the Apartment (must be the End Date unless Lessee has paid all Final Monetary Obligations prior to
establishing and earlier Move-Out Date) and must schedule such date (the “Move-Out Date”) with Manager. A Move-Out
Notice must be delivered by Lessee even if the intended Move-Out Date is the End Date. Once Lessee has notified Lessor of
the Move-Out Date, Lessee must conduct its Move-Out on the Move-Out Date scheduled by Lessee unless Manager, in its
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discretion, otherwise agrees in writing prior to the originally scheduled Move-Out Date (provided in all events the Move-
Out Date must not be later than the End Date).
16. Failure to Timely Vacate the Apartment. If Lessee and all Occupants do not vacate the Apartment and satisfy all
requirements of Move-Out by the earliest of the End Date, Move-Out Date or earlier termination of this Lease (the
“Tenancy Termination Date”), Lessor may commence legal proceedings allowed by Applicable Law to remove and evict
Lessee from the Apartment and will be entitled to recover from Lessee, in addition to all unpaid Final Monetary Obligations
and any other amounts due to Lessor hereunder, an amount equal to the sum (prorated on a daily basis) of (A) the Monthly
Rent plus (B) $100.00 for each day in the period from the Tenancy Termination Date through the date Lessor regains
possession of the Apartment free and clear of Lessee’s occupancy. Further, to the extent permitted by Applicable Law, any
personal property left on the Apartment after Lessee vacates the Apartment will be deemed abandoned by the Occupants
and in accordance with any applicable requirements of Applicable Law, may be disposed of by Lessor at Lessee’s cost (and
may be deducted from Lessee’s Security Deposit by Lessor).
(a) Default by Lessee. Lessee will be in default (“Default”) under this Lease if: (i) Lessee fails to pay any
Monthly Rent, any Fixed Monthly Charges, or any Variable Monthly Charges or other Additional Rent on the date
the same is due under the Terms of this Lease; (ii) Lessee, any other Occupant or any guest of any of them violates
the provisions of Section 3(c)(i) of the Additional Terms (No Disturbance or Nuisance), Section 3(c)(ii) of the
Additional Terms (Crime Free/Drug Free Housing) or Section 3(c)(iii) of the Additional Terms (Animals) of this
Lease; (iii) Lessee, any other Occupant or any guest takes or fails to take any action that, pursuant to any applicable
Section of this Lease, is specifically described as a “material default”, (iv) Lessee abandons the Apartment or
vacates the Apartment other than in conformance with the procedures for a Move-Out as herein defined; or (v)
Lessee, any other Occupant or any guest of any of them fails to comply with any other obligation or restriction in
this Lease (i.e. any obligation or restriction not described in clauses (i)-(iv) above) and does not cure the failure
within ten (10) days of receiving notice from Lessor.
(b) Lessor’s Remedies for Lessee Default. If Lessee Defaults under this Lease, Lessor may exercise all rights
and remedies available under Applicable Law, including the right to (i) terminate this Lease; (ii) regain possession
of the Apartment through an eviction or similar process; (iii) recover from Lessee all unpaid Rent, including unpaid
Monthly Rent, Additional Rent, Late Charges and, if applicable, holdover charges described in Section 17 of the
Additional Terms for the period prior to Lessee’s delivery of possession of the Apartment to Lessor; (iv) recover all
Rent payable under this Lease for the period from the date of termination for Lessee Default through the stated
End Date, less the amount Lessor is able to collect from any replacement tenants for that period; and (v) recover
all reasonable costs and expenses incurred by Lessor in repairing any damage to the Apartment, caused by the
improper use by any Occupant or any guests of an Occupant, less any amounts obtained from the Security Deposit,
if any. Additionally, to the extent permitted under Applicable Law, Lessor may recover from Lessee Lessor’s court
costs and reasonable attorneys’ fees and expenses incurred in connection with any legal proceedings against
Lessee.
18. Notices. Unless another method of notice is specifically authorized for a certain purpose under any Section of this
Lease, all notices given by either Lessor or Lessee to the other will be in writing and sent to Lessee and Manager (on behalf
of Lessor) at the applicable address set forth in the Basic Terms. Written notices under this Lease may be delivered to the
other party at the e-mail address or physical address of the party specified in the Basic Terms. Either party can update its
email or physical address by sending written notice to the other party.
19. Damage by Fire or Other Casualty. If the Apartment is rendered uninhabitable by a fire, storm or other casualty
then this Lease will terminate as of the date of the casualty and Lessee will pay to Lessor only the Rent for the period prior
to the casualty and Lessor will return to Lessee any Rent paid for the period after the casualty. However, if only a portion of
the Apartment is damaged and the Apartment remains habitable, then this Lease will continue but Monthly Rent will be
adjusted proportionally based on the proportion of the Apartment still inhabitable by Lessee, until the damaged portion of
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the Apartment has been restored to a habitable condition. Nonessential elements (including decks and porches) of the
Apartment will not be counted in determining the habitable parts of the Apartment. If any part of the building in which the
Apartment is located is materially damaged by casualty even though the Apartment may not be damaged or may be
damaged but habitable, Lessor will have the right to terminate this Lease upon thirty (30) days’ written notice to Lessee. If
the Apartment or any part of the building in which the Apartment is located is damaged or destroyed by fire or other
casualty resulting from any negligent act by any Lessee, any other Occupant or any guest of any of them, Lessee will be
liable to Lessor for the costs of repairing the damage. Lessee is required to obtain and maintain throughout the Term
personal liability insurance coverage which complies with the terms of the Renter’s Insurance Addendum attached to and
made a part of this Lease.
20. Government Taking. If all or a substantial part of the Apartment is taken by right of eminent domain, or by
purchase in lieu of condemnation, and the taking would render the Apartment uninhabitable, this Lease will terminate, and
the Rent will be abated upon the date that the physical taking of the Apartment occurs. If part of the Apartment is so taken
and this Lease is not terminated as provided in the preceding sentence, Monthly Rent will be adjusted proportionally based
on the portion of the Apartment still inhabitable by Lessee, and Lessor will restore the Apartment to a condition suitable for
Lessee’s use, as near to the condition immediately prior to the taking as is reasonably feasible under all the circumstances.
(a) LESSEE AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY, HOLD HARMLESS AND
DEFEND LESSOR, MANAGER, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, REPRESENTATIVES, OFFICERS,
DIRECTORS, STOCKHOLDERS, MEMBERS, MANAGERS AND PARENT, SUBSIDIARY, AFFILIATED AND SUCCESSOR
COMPANIES (INDIVIDUALLY OR COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL
LIABILITY FOR LOSS, DAMAGE, ATTORNEYS’ FEES OR EXPENSE WHICH THE INDEMNIFIED PARTIES MAY SUFFER OR
FOR WHICH THE INDEMNIFIED PARTIES MAY BE HELD LIABLE OR INCUR FOR REASON OF INJURY OR HARM
(INCLUDING DEATH) TO ANY PERSON, OR DAMAGE TO ANY PROPERTY OF WHATSOEVER KIND OR NATURE
ARISING OUT OF OR IN ANY MANNER CONNECTED WITH LESSEE’S ACTIVITIES ON THE PREMISES, EVEN FOR AND
WHETHER OR NOT DUE, IN WHOLE OR IN PART, TO ANY ACT, OMISSION, NEGLIGENCE OR STRICT LIABILITY OF THE
INDEMNIFIED PARTIES.
(b) Releases Related to Lessor Marketing. By execution of this Lease, each person constituting the Lessee
hereunder respectively, without payment or other consideration, agrees to grant Lessor permission to use such
Lessee’s likeness in photographs, videos and/ or other electronic and/or digital reproductions, including voice, in
any and all of our publications, including, without limitation, any website entries, advertising websites, social
media websites, and any other marketing materials. For purposes of this Section, photographs, videos, written
comments, statements, and other digital reproductions will hereinafter be collectively referred to as “media.”
Additionally, by executing this Lease each person constituting Lessee hereunder respectively agrees with respect to
any minor that is an Occupant specifically listed on this Lease or who may become an Occupant hereafter and for
whom such Lessee is the parent, or legal guardian, without payment or other consideration, agrees to grant Lessor
permission to use the likeness of such minor Occupant in photographs, videos and/ or other electronic and/or
digital reproductions, including voice, in any and all of our publications, including, without limitation, any website
entries, advertising websites, social media websites, and any other marketing materials. For purposes of this
Section, photographs, videos, written comments, statements, and other digital reproductions will hereinafter be
collectively referred to as “media.”
(i) Photo and Video Release. Each person constituting the Lessee hereunder, on behalf of such
person and each minor Occupant for whom such Lessee is the parent, or legal guardian, for whom such
Lessee is the parent, or legal guardian hereby grants Lessor and its agents and affiliates (collectively, the
“Released Parties”) permission and a license to take, use, reuse, and publish the likeness of such Lessee
and such minor Occupants in all photographs or other electronic and/or digital media in any and all of our
publications, including, without limitation, any website entries, advertising websites, and any other
marketing materials. Each Lessee understand and agree that these materials will become the property of
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the Released Parties and will not be returned. Each Lessee hereby irrevocably authorizes the Released
Parties to edit, alter, copy, exhibit, publish, or distribute this media for any lawful purpose whatsoever
including, without limitation, promotional and advertising uses. Each Lessee waives the right to inspect or
approve the finished product, including any written or electronic copy, wherein Lessee’s likeness appears
now or in the future. In addition, each Lessee, on behalf of itself and each minor Occupant for whom such
Lessee is a parent or guardian, waives any right to payment, royalties, or any other compensation arising
or related to the use of the media.
(ii) Consent to Use Name, Likeness, Written Comments, and Statements. Each person constituting
the Lessee hereunder, on behalf of such person and each minor Occupant for whom such Lessee is the
parent, or legal guardian, for whom such Lessee is the parent, or legal guardian hereby expressly agrees to
allow Released Parties to post such person’s name, picture, written comments, and statements, and/or
the names, pictures, written comments, and statements of any minor Occupants for whom such Lessee is
the parent, or legal guardian in any and all of Released Parties’ publications, including, without limitation,
any website entries, advertising websites, social media websites, and any other marketing materials. Each
person constituting the Lessee hereunder, on behalf of such person and each minor Occupant for whom
such Lessee is the parent, or legal guardian, for whom such Lessee is the parent, or legal guardian hereby
grants the Released Parties permission and a license to use, reproduce, and publish any media on its
website, social media platforms, or in other marketing-related materials, whether in electronic or print
form.
(iii) Release of Liability. Each person constituting the Lessee hereunder, on behalf of such person
and each minor Occupant for whom such Lessee is the parent, or legal guardian, for whom such Lessee is
the parent, or legal guardian hereby respectively releases, holds harmless, and forever discharges
Released Parties from any claims or causes of actions including, without limitation, any and all claims for
libel or violation of any right of publicity or privacy, related to our use of the media in any and all of our
publications, including any website entries, advertising websites, social media websites, and any other
marketing material so long as the claim or cause of action does not result from our intentional misconduct
or gross negligence. This consent and release shall be binding upon each person constituting Lessee
hereunder and their respective legal representatives and assigns.
(iv) Revocation. Each Lessee, respectively, has the right to revoke the consents made by such Lessee
with respect to itself and any minor Occupants for whom such person is a parent or guardian to Released
Parties for the use of such Lessee’s name, picture, video, voice, written comments, or statement, and/or
the name, picture, video, voice, written comments, or statement of any applicable minor Occupants, by
written notice given by such Lessee to Manager at the on-site management office. Such revocation shall
be effective prospectively upon delivery of such written revocation.
(c) Class Action Waiver. Each person constituting Lessee, respectively, hereby waives such Lessee’s ability to
participate either as a class representative or member of any class action claim(s) against Lessor, Manager or the
agents of either of them. This waiver does not serve to waive any rights that any Lessee, either individually or
collectively with any other persons who may constitute the Lessee hereunder, to pursue claims against Lessor
related to this Lease and the tenancy created hereby, but by executing this Lease and granting the waiver set forth
above, each person constituting Lessee hereby agrees to file any claims against Lessor in such person’s individual
capacity (or jointly with any other persons constituting Lessee hereunder), and no person constituting Lessee
hereunder may be a class action plaintiff, class representative, or member in any purported class action lawsuit
(“Class Action”) against Lessor, Manager or the agents of either of them. Accordingly, each person constituting
Lessee, respectively expressly waive any right and/or ability to bring, represent, join, or otherwise maintain a
Class Action or similar proceeding against Lessor, Manager or the agents of either of them in any forum.
Any claim that all or any part of this Class Action waiver provision is unenforceable, unconscionable, void, or
voidable shall be determined solely by a court of competent jurisdiction.
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EACH PERSON CONSTITUTING LESSEE HEREUNDER UNDERSTANDS THAT, WITHOUT THIS WAIVER, SUCH
PERSON MAY HAVE POSSESSED THE ABILITY TO BE A PARTY TO A CLASS ACTION LAWSUIT. BY SIGNING THIS
LEASE, EACH PERSON CONSTITUTING LESSEE HEREUNDER UNDERSTAND AND CHOOSE TO WAIVE SUCH
ABILITY AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THIS CLASS ACTION WAIVER SHALL
SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE CONTRACT.
(d) Limitation Actions. To the extent allowed by Applicable Law, Lessee agrees and understands that any legal
action against Lessor or Manager must be instituted within one year of the date any claim or cause of action arises
and that any action filed after one year from such date shall be time barred as a matter of law.
(e) Security Cameras. Lessee specifically acknowledges that Lessor may in its discretion install and utilize
security/surveillance cameras within the common areas of the Community (including without limitation, within the
common areas of the any Building) in accordance with Applicable Laws. No security cameras will be installed by
Lessor within Lessee’s Apartment.
(f) Security & Security Devices Generally. Lessee expressly acknowledges that (A) except as specifically
required by Applicable Law, Lessor has no duty to maintain any specific devices such as access gates, intrusion
alarms or security cameras within the Community or any apartment and does not guaranty against malfunctions of
any security devices; (B) Lessor makes no representations or guarantees to Lessee, any Occupant or guest
concerning security of the Community and any measures, devices (such as access gates or intrusion alarms or
security cameras), or activities taken by Lessor are solely for the benefit of Lessor and for the protection of Lessor’s
property and interests, and any benefit to Lessee of the same is purely incidental. Lessee acknowledges that:
anything mechanical or electronic is subject to malfunction; fencing, gates, security cameras or other devices will
not prevent all crime; no security system or device is foolproof or 100 percent successful in deterring crime; and
crime can still occur notwithstanding the presence of security devices. Lessee acknowledges and agrees that
protecting residents, their families, occupants, guests and invitees from crime is the sole responsibility of residents,
occupants and law enforcement agencies. Lessee should first call 911 or other appropriate emergency police
numbers if a crime occurs or is suspected. Neither Lessor nor Manager will be liable to Lessee, any other
Occupant, or any guest of any of them, for personal injury, death or damage/loss of personal property from
incidents related to perimeter fencing, automobile access gates and/or pedestrian access gates, intrusion alarms,
security cameras or any other security devises from time to time located on within the Community or in the
Apartment unless it arises from gross negligence or willful misconduct of Lessor or Manager. Lessor reserves the
right to modify or eliminate security systems other than those statutorily required. Lessee will be held responsible
for the actions of any persons to whom Lessee, any other Occupant or any guest of any of them provides access to
the Community.
22. Subordination/Estoppel. This Lease and Lessee’s rights under this Lease are subject and subordinate to any
mortgages/deeds of trust (and any related amendments) affecting the Community. Upon Lessor’s written request, Lessee
will sign any documents required by any applicable lender or purchaser to affirm the terms and status of this Lease.
23. Joint & Several Liability of Lessee . All individuals executing this Lease as Lessee will be jointly and severally liable
for the performance of each and every agreement, covenant and obligation of Lessee contained in this Lease.
24. Applicable Law. This Lease will be governed by the laws of the State in which the Community is located, and any
additional laws of the city or county in which the Community is located (“Applicable Law”).
25. Severability. If any provision of this Lease is found to be invalid or unenforceable, all other provisions contained in
this Lease will remain binding and enforceable to the maximum extent permitted by Applicable Law.
26. Addenda. Lessor and Lessee acknowledge that the Addenda described below are attached to this Lease, and are
part of the legal agreement between the parties.
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Welcome
Animal Addendum
27. Entire Agreement. This Lease, along with the attached Addenda and legal disclosures, contains the entire
agreement between Lessor and Lessee and may not be changed except in writing signed by all parties.
28. Lessee Execution. All individuals indicated in the Basic Terms as comprising Lessee will sign this Lease and related
attached Addenda where indicated. If a Guarantor is required under the Basic Terms, this Lease will not be effective until
the Guarantor has signed and delivered the Guarantee attached to this Lease.
29. Electronic Signatures. Lessor and Lessee agree that the electronic signatures, whether digital or encrypted, of the
parties to this Lease, are intended to authenticate this Lease and to have the same force and effect as manual signatures.
Delivery of a copy of this Lease or any other document contemplated hereby bearing an original or electronic signature by
facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether
mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic
means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as
physical delivery of the paper document bearing an original or electronic signature and shall be binding on the parties as if
this Lease had been originally executed by Lessee and/or Lessor with an ink signature.
30. Consent to Receive SMS Messages . Lessee consents to receive SMS messages (including text messages), from
Lessor, Lessor’s agents, representatives, affiliates, or anyone communicating on our behalf at the specific number(s) Lessee
have provided to Lessor, with service-related information, marketing or promotional related information, transactional
messages (related to work orders, due dates, end of Lease communications, etc.), account/balance information, and/or
emergency related information. Lessee certifies, warrants, and represents that the telephone number(s) Lessee provided
Lessor is Lessee’s telephone number and not the telephone number of someone else. Lessee represents that Lessee is
permitted to receive calls and text messages at the telephone number Lessee has provided to Lessor. Lessee agrees to
promptly alert Lessor whenever Lessee stops using the provided telephone number. Standard message and data rates may
apply to all SMS messages (including text messages). Lessor may modify or terminate Lessor’s SMS messaging services from
time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice,
without liability to Lessee.
31. Correction of Errors. Tenant acknowledges that this Lease has been prepared through the use of an automated
software system and is potentially subject to human error in the entry of pertinent information and to software errors in
appropriately and accurately inserting the information inputted into the Lease. If Landlord discovers any inaccuracies in the
Lease resulting from such errors, Landlord shall have the right and authority to correct such errors consistent with the
agreement of the parties and such corrections will, to the extent permitted by Applicable Law, be binding upon Tenant
when made by Landlord and communicated to Tenant in writing. Without limiting the foregoing, Tenant will, at Landlord’s
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request, execute any communication correcting such errors to acknowledge that such corrections are binding upon Tenant.
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IN WITNESS WHEREOF, Lessee and Lessor have executed this Lease as of the date specified in the Basic Terms.
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ANIMAL ADDENDUM
This Animal Addendum (“Addendum”) is attached to and made a part of that certain Apartment Lease
(“Lease”) dated as of 10/23/2023 by and between Millenia 700 (“Lessor”) and the following named
person(s) (individually or collectively “Lessee”): Carolina N Favalli for Apartment 3402 having an address
of 4150 Eastgate Drive #3402,Orlando,FL,32839 and located within the Community known as Millenia
700.
1. Defined Terms. All capitalized terms used in this Addendum but not defined herein shall have
the meaning ascribed to such terms in the Lease.
2. Conditional Authorization for Animal. Subject to Lessee’s compliance with the provisions of this
Addendum, Lessee may keep the animal(s) identified below in the Apartment during the Term, provided
that Lessor expressly reserves the right to revoke this authorization sooner if Lessee’s right of occupancy
is lawfully terminated or if in the judgment of Lessor or Manager, Lessee, any Occupant or any guest of
any of them violate any of the rules in this Addendum. This Addendum authorizes only the specific
animal(s) identified below. No additional or substitute animals may be kept in the Apartment without
Lessor’s consent and the execution of an additional Animal Addendum specifically identifying such new
animals. Additional Animal Rent, Animal Deposit and/or Animal Fee may be charged for any such
additional animals.
3. Animal Rent. Lessee with pay monthly rent (“Animal Rent”) in the amount of $NA per month for
the privilege of keeping the animal(s) identified below in the Apartment. If this Addendum is executed
concurrently with the execution of the Lease, this monthly Animal Rent amount is also identified in
Section 4(d) of the Basic Terms of the Lease and is included in the total Monthly Rent set forth in Section
4 of the Basic Terms of the Lease. If this Addendum is executed after the date of execution of this Lease,
the Animal Rent is not included in the Monthly Rent set forth in the Lease and Animal Rent is payable in
addition to and at the same times as to the Monthly Rent stated in the Lease.
4. Additional Fee. In addition to the Animal Rent required under this Addendum, Lessee must
also pay Lessor a one-time, nonrefundable fee of $NA (“Animal Fee”) for having the animal(s) in the
Apartment. The Animal Fee is payable by Lessee at the time of Lease execution of this Addendum.
5. Liability not limited. Lessee’s payment of the Animal Rent or any Animal Fee, and Lessee’s
deposit of any additional Animal Deposit under this Addendum does not limit Lessee’s liability for
property damages, cleaning, deodorization, flea eradication, replacements, or personal injuries cause by
any permitted animal.
6. Description of permitted Animal(s)/Lessee representations. Lessee may keep only the animal(s)
described below in the Apartment. Lessee may not substitute any other animal(s). None of Lessee, any
Occupants or any guests of any of them may bring any other animal(s)-mammal, reptile, bird,
amphibian, fish, rodent, arachnid, or insect-into the Apartment or the Community.
Animal:
Animal’s name:
4824-2194-3197.1
000001-000001
ANIMAL ADDENDUM
Type:
Breed:
Color:
Weight:
Age:
Gender:
Lessee represents that each animal identified above is properly licensed and vaccinated as required by
applicable State and local law, and Lessee agrees at all times to keep such licensure and vaccinations
current. Lessee further agrees to provide proof of licensing and vaccination upon Lessor's or Manager’s
request.
Lessee represents to Lessor that each animal identified above is housebroken, has no vicious tendencies
or history of threatening or causing harm to persons by biting, scratching, chewing, or otherwise.
7. Prohibited Animals/Limitation on Animals. The following dog breeds are strictly prohibited from
the Community: Rottweiler, Pit Bulls, Mastiffs, Chow-Chows, Dobermans, Akitas, Presa Canarios,
German Shepherds, American Bull Dog, American or Bull Staffordshire Terrier, Cane Corso, Doberman
Pincher, Husky, and Wolf-Dog Hybrid or any variation of these breeds (unless paragraph 14 of this
Addendum is in effect). No more than two (2) animals will be permitted to be maintained in any
Apartment.
9._ Animal Rules. Lessee is responsible for the permitted animal’s actions at all times. Lessee agree to
abide and to cause all Occupants and guests to abide by these rules:
· The animal must not disturb the neighbors or other residents, regardless of whether the
animal is inside or outside the Apartment.
· Dogs, cats, and assistance animals must be housebroken. All other animals must be
caged at all times. No animal offspring are allowed.
· Lessee will maintain the Apartment free of odor and stain from any animal. Lessee will
use prompt and diligent efforts to prevent and eliminate any infestation of pests (e.g.
fleas) associated with any animal.
· Lessee will not groom or wash any animal in the Common Areas or anywhere outside of
the Apartment.
· Inside, the animal may urinate or defecate only in a litter box.
· Outside, the animal may urinate or defecate only in designated areas.
· Animals may not be tied to any fixed object anywhere outside the Apartment, except on
balconies or patios appurtenant to the Apartment and reserved for Lessee’s exclusive
use.
· No animal other than assistance animals are permitted in any swimming-pool areas,
laundry rooms, offices, clubrooms, other recreational facilities, or other dwelling units
except the Apartment.
4824-2194-3197.1
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ANIMAL ADDENDUM
· The animal must be fed and watered inside the Apartment. No animal food or water
shall be left outside the Apartment at any time, except on balconies or patios
appurtenant to the Apartment and reserved for Lessee’s exclusive use.
· The animal must be kept on a leash and under supervision by Lessee or another
Occupant when outside the Apartment or any private fenced area. Lessor or Manager
may pick up unleashed animals and/or report them to the proper authorities. Lessor
may impose reasonable charges for picking up and/or keeping unleashed animals.
· Unless Lessor has designated a particular area in your Apartment or on the Community’s
grounds for animal defecation and urination, Lessee is prohibited from letting an animal
defecate or urinate anywhere within the Community and Lessee must take the animal
off the Community property for that purpose. If this Addendum allows animal
defecation inside the dwelling unit in this Addendum, you must ensure that it’s done in
a litter box with a kitty litter-type mix. If the animal defecates anywhere on Community
property Lessee is responsible for Immediately removing the waste and repairing any
damage. Lessee must comply with all local ordinances regarding animal defecation.
· If Lessor or Manager receives a complaint or otherwise has reasonable belief the
conduct or condition of an animal constitutes a nuisance under state or local law or
otherwise poses a threat to the safety or health of others, Lessor or Manager may
inspect the Apartment and if it is determined that the animal constitutes a nuisance or
threat to others, the Lessor or Manager may revoke the permission granted under this
Addendum and order Lessee to remove the subject animal from the Apartment. Lessee
will comply with such order and permanently remove the subject animal from the
Apartment within forty-eight (48) hours.
· Lessor or Manager, in their discretion, may (but shall not be obligated to) enter the
Apartment and remove (or, if applicable, permit any local authority to remove) any
animal from the Apartment and take such other action as permitted by law, including
placing the animal in a shelter at Lessee’s expense if: (a) the animal becomes vicious,
displays symptoms of severe illness, or demonstrates other behavior that indicates a
threat to the health or safety of others, or (b) Lessee dies, becomes incapacitated or
otherwise unable to care for the animal and (b) Lessor or Manager believe in good faith
the animal is being abused or neglected or is in distress.
· If the Community includes a “Dog Park” amenity, the following rules will apply thereto:
(i) Neither Landlord nor Manager will be responsible for injury or damage.
Lessee’s use and enjoyment of the Dog Park is at Lessee’s sole risk.
(ii) Owners are legally responsible for the behavior of their dogs at all
times.
(iii) Dogs must be leashed while entering and exiting the park.
(iii) Dog waste must be cleaned up immediately by their owners.
(iv) Owners must be within the dog park and supervising their dog with a
leash readily available. Limit 2 dogs per person per visit.
(v) Dog handlers must be at least 16 years of age.
(vi) Children under 13 must be accompanied by an adult and supervised at
all times.
(vii) Aggressive dogs must be removed immediately.
(viii) Dogs should be under voice control.
(ix) Only current Community tenants’ and occupants’ dogs are permitted in
the dog park.
4824-2194-3197.1
000001-000001
ANIMAL ADDENDUM
Lessor and Manager have the right to make reasonable changes to the animal rules from time to time by
distributing a written copy of any changes to every resident of the Community who is allowed to have
animals.
10. Violation of Animal Rules. If Lessee, any Occupant or a guest of any of them violates any of the
Animal Rules set forth above or any other provision of this Addendum and Lessor or Manager give
Lessee written notice, Lessee must permanently remove the animal from the Apartment within the time
period specified in our notice. Additionally, Lessee will be fined $75.00 for each instance Lessee fails to
pick up and properly dispose of animal waste after its animal defecates in the Community. Lessor also
have all other rights and remedies set forth in the Lease, including damages, eviction, and attorney’s
fees to the extent allowed by law.
11. Liability for Damages. Lessee will be liable for the entire amount of all damages caused by the
animal, including all cleaning, flea eradication, and deodorizing. This provision applies to all parts of the
Apartment, including carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, appliances,
as well as landscaping and other outside improvements. If items cannot be satisfactorily cleaned or
repaired, Lessee must pay for Lessor to replace them completely. Payment for damages, repairs,
cleaning, replacements, etc. are due immediately upon demand.
Lessee is also strictly liable for the entire amount of any damages incurred as a result of injury that the
animal causes to a person or anyone’s property. any such damage. Lessee will indemnify and hold
Lessor and Manager harmless from all liability, claims, demands, damages and costs for injuries to
persons or property in connection with any animal.
12. Move-Out. At Move-Out, Lessee will pay for flea eradication, deodorizing, and shampooing of
the Apartment to protect future residents from possible health hazards, regardless of how long the
animal was there. Lessor or Manager - not Lessee - will arrange for these services.
4824-2194-3197.1
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ANIMAL ADDENDUM
terms of the Assistance Animal Policy and Rules will control. Tenant agrees to comply with all
applicable terms of the Assistance Animal Policy and Rules. <<GUESTCARD1
1_HCODE>>
16. Conflict of terms. In the event of a conflict between the terms of this Addendum and the Lease,
the terms of this Addendum will control.
This Animal Addendum is executed and delivered ____ concurrently with the Lease described above/
___ on 10/23/2023.
LESSEE:
Signature Date
LESSOR:
Signature Date
Name:
Attachment:
4824-2194-3197.1
000001-000001
ASSISTANCE ANIMAL POLICY AND RULES
Pursuant to these Assistance Animal Policy and Rules, the Lessor or Manager may permit a Lessee or
other Occupant with a disability to keep an assistance animal as a reasonable accommodation, upon the
following terms and conditions which shall be deemed to be a part of the Lease:
1. An "assistance animal" is an animal that provides assistance, or performs tasks for the
benefit of a person with a disability, or provides emotional support that alleviates one or more identified
symptoms or effects of a person's disability. Assistance animals are not pets. They are animals that
work, provide assistance, or perform tasks for the benefit of a person with a disability, or animals that
provides emotional support that alleviates one or more identified symptoms or effects of a person’s
disability. Assistance animals – often referred to as “service animals,” “support animals,” “therapy
animals” or “companion animals” – perform many disability-related functions including but not limited
to (1) guiding individuals who are blind or have low vision, (2) alerting individuals who are deaf or hard
of hearing to sounds, (3) providing minimal protection or rescue assistance, (4) pulling a wheelchair, (5)
fetching items, (6) alerting persons to impending seizures, or (7) providing emotional support to persons
with disabilities who have a disability-related need for such support. Depending on the assistance
provided, an assistance animal may or may not be formally trained or certified to perform specific tasks.
Pets may be subject to different rules and regulations that are not applicable to assistance animals.
a) The specific assistance animal in question poses a direct threat to the health or safety of
others that cannot be reduced or eliminated by another reasonable accommodation;
b) The specific assistance animal in question would cause substantial physical damage to
the property of others that cannot be reduced or eliminated by another reasonable
accommodation; or
c) Making the requested accommodation would (i) pose an undue financial and
administrative burden or (ii) fundamentally alter the nature of the Community’s
operations.
A determination that an assistance animal poses a direct threat of harm to others or would
cause substantial physical damage to the property of others must be based on an individualized
assessment that relies on objective evidence about the specific animal’s actual conduct – not on mere
speculation or fear about the types of harm or damage an animal may cause and not on evidence about
harm or damage that other animals have caused.
3. The fact that a person has a disability does not automatically entitle him or her to an
assistance animal. There must be a relationship or “nexus” between the person’s disability and his or
her need for the animal.
4824-2194-3197.1
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ASSISTANCE ANIMAL POLICY AND RULES
5. Except as provided by a separate reasonable accommodation, the following rules apply with
respect to assistance animals:
a) An Animal Deposit shall not be assessed for assistance animals, but Lessee will be
financially responsible for any injury to persons or damage, repair or replacement of
property relating to any assistance animal.
b) Lessee will be responsible for sanitary disposal of all waste products of assistance
animals, including removal of waste materials from outdoor areas and disposal of such
waste in trash receptacles.
c) At the time a Lessee or Occupant acquires an assistance animal, Lesse shall register the
animal with the manager, providing (i) a photograph of the assistance animal; (ii)
evidence of current immunization, (iii) veterinarian contact information; and (iv) if
required by local law, evidence of licensing. Lessee will update vaccination and licensing
records annually.
d) None of Lessee or any Occupants or guests of either will permit assistance animals to be
left alone in an apartment if they are noisy.
e) All assistance animals must be properly restrained when outside the Apartment and
must not be left unattended when outdoors.
f) Assistance animals cannot exhibit aggressive behavior that threatens the health or
safety of others.
6. The terms of the Assistance Animal Policies and Rules may be amended pursuant to a
further reasonable accommodation request made by a resident with respect to an assistance animal.
7. It is agreed that the forgoing provisions are necessary components of the reasonable
accommodation that is the subject of this Animal Addendum to which these Assistance Animal Policy
and Rules are attached.
4824-2194-3197.1
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RENTERS INSURANCE ADDENDUM
This Renters Insurance Addendum (“Addendum”) is attached to and made a part of that certain Apartment Lease (“Lease”) dated as
of 10/23/2023 by and between Millenia 700 (“Lessor”) and the following named person(s) (individually or collectively “Lessee”):
Carolina N Favalli for Apartment 3402 having an address of 4150 Eastgate Drive #3402,Orlando,FL,32839 and located within the
Community known as Millenia 700.
This Addendum shall supplement and amend the Lease, and to the extent that any of the terms and conditions of this Addendum
conflict with any terms of the Lease, the terms of this Addendum shall control. All capitalized terms used but not defined herein shall
have the meaning given such terms in the Lease.
(a) Policy and Coverage Requirements. Lessee must, prior to Move-In, procure, and must at all times during the Term
maintain in force, a renter’s personal liability insurance policy (also known as renter’s insurance) which provides limits of
liability to third parties in an amount not less than $100,000.00 per occurrence (“Required Liability Policy”). The Required
Liability Policy must be obtained from an insurance carrier with an AM Best rating of A-VII or better that is authorized to
issue such insurance in the State within which the Community is located. Lessee shall cause its insurers to waive their rights
of subrogation against Lessor and Manager and any of their agents and employees for loss or damage covered by any
property insurance whether maintained by the Lessee pursuant to the Lease or otherwise. Lessee understands and agrees
to maintain this Required Liability policy at all times during the Term of this Lease and any renewal periods at Lessee’s sole
expense. Lessee is required to deliver a certificate of insurance evidencing the Required Liability Policy to Lessor not later
than the Lease Start Date and upon each renewal of such Policy during the Term.
(b) Party of Interest. Lessee will ensure that the Required Liability Policy covers all persons constituting Lessee and all
Occupants of the Apartment. Lessee will ensure that the Required Liability Policy identifies Lessor’s designee as a “Party of
Interest” or “Interested Party” (or similar language as may be available). The “Party of Interest” or “Interested Party” must
be notified within ten (10) days in the event the insurance company cancels or non-renews Lessee’s policy. Failure to
include the prescribed “Party or Interest” or “Interested Party” will constitute a material breach of this Lease. Lessor
reserves the right to change the entity designated as the “Party of Interest” or “Interested Party” upon no less than thirty
(30) days’ prior written notice, or such longer time as may be necessitated by legal or regulatory requirements. As of the
date hereof, the Party of Interest or Interested Party to be identified on the Required Liability Policy shall be:
(c) IMPORTANT INFORMATION. THE REQUIRED LIABILITY POLICY (i) IS NOT REQUIRED BY ANY LAW AND LESSEE’S
OBLIGATION TO PROVIDE INSURANCE STEMS SOLELY FROM THE TERMS OF THIS LEASE, (ii) IS NOT AN ATTEMPT TO LIMIT
THE LESSOR’S LIABILITY FOR ITS OWN NEGLIGENCE OR LESSEE’S LIABILITY FOR ITS OWN NEGLIGENCE, AND (iii) IS NOT IN
LIEU OF, OR IN ANY WAY A COMPONENT OF, THE SECURITY DEPOSIT, IF APPLICABLE, REQUIRED BY THIS LEASE.
(a) Availability of Group Insurance Program. Lessee has the right to procure insurance coverage satisfying the
requirements of this Lease from any qualified insurance carrier or agent of Lessee’s choice. Lessee may also elect (but has
no obligation to do so) to obtain the required insurance coverage under a group renter’s liability insurance policy arranged
for by Lessor with a qualified insurance carrier we have partnered with (the “Group Insurance Program”). Lessor’s Group
Insurance Program meets all of the requirements of this Addendum and is offered at a preferred group rate to
Independence Realty Trust residents.
(b) Description of Group Insurance Program. Lessee acknowledges that brochures providing a general description of
the group insurance program and the insurance carrier have been made available to Lessee for review. All coverage shall be
governed by the terms and conditions of the actual insurance certificate, a copy of which will be delivered to Lessee by the
insurance company and Lessee should review such policy carefully. Lessee further acknowledges that Lessor has made no
solicitations, guarantees, representations, or promises whatsoever concerning any insurance or services provided by any
insurance company, and that Lessee was and is free to contract for the required insurance with the provider of Lessee’s
choosing so long as that meets the requirements of this Lease. Lessee further acknowledges that IRT Global, LLC, a licensed
Renters_Insurance_Addendum_03302021
RENTERS INSURANCE ADDENDUM
affiliate of the property manager and Lessor, may receive compensation on policies issued by some insurance companies
for administrative, brokerage or marketing support.
(c) Enrollment in Group Insurance Program. In the event Lessee desires to participate in the Group Insurance
Program, Lessee must electronically enroll in the Group Insurance Program in the manner required by Lessor and the
insurance carrier. Lessee understands and agrees that, so long as Lessee is enrolled in the Group Insurance Program, Lessee
will be billed a monthly insurance charge in the amount of $14.50 with each installment of Monthly Rent to cover the cost
of this insurance coverage. The insurance company will issue and send a certificate of insurance to Lessee that will fully
describe the cost, limits, conditions and terms of the coverage provided. Written notice is required to cancel participation in
the group insurance program, provided that if Lessee does elect to cancel participation in the group insurance program
Lessee must procure liability insurance coverage meeting the requirements of this Lease and provide Lessor a certificate of
insurance evidencing that coverage to be in effect not later than the date participation in the group insurance program is
cancelled.
(d) Cancellation/Modification of Group Insurance Program. Lessee acknowledges that Lessor has arranged for the
Group Insurance Program with a third-party insurance carrier, and that Lessor and the insurance carrier have certain rights
to modify or terminate the Group Insurance Program (for example, if the Property is sold to an unaffiliated third-party or if
required by applicable laws or insurance regulations). This means the cost, limits, conditions, and terms of the coverage of
the Group Insurance Program could be modified or amended, or the Group Insurance Program could be cancelled. If the
Group Insurance Program is modified or cancelled, Lessor shall provide Lessee with no less than thirty (30) days’ prior
written notice, or such longer time as may be necessitated by legal or regulatory requirements, of such modification or
cancellation. In the event the Group Insurance Program is (i) cancelled and a replacement program is unavailable or its
terms are unacceptable to Lessee, or (ii) modified and such modified terms are unacceptable to Lessee, Lessee shall obtain
a Required Liability Policy from any qualified insurance carrier or agent of Lessee’s choice.
3. Failure to maintain Required Liability Policy . Unless otherwise prohibited by Applicable Law, if Lessee at any time fails to
maintain the Required Liability Policy in force, or permits the Required Liability Policy to be cancelled or lapse, such failure shall be
deemed an immediate, material and incurable default under the terms of this Lease, and Lessor shall be entitled to exercise all rights
and remedies for such default available under this Lease and Applicable Law. If Lessee fails to pay the insurance charge or if Lessee
allows its outside policy to expire or cancel, Lessee will be in material default under the terms of this Lease and Lessor shall have
the right to charge a NON-Compliance Fee of $50 per month as additional Rent. Lessor may also, in its discretion, procure liability-
only coverage to address the deficiency (“Landlord-Placed Insurance”) and in such event, Lessee agrees to pay Lessor for the cost of
such Landlord-Placed Insurance, at the then-current rates. The monthly insurance charge for Landlord-Placed Insurance will be due
in full each month concurrent with each installment of Monthly Rent. The Landlord-Placed Insurance carrier will issue a policy to
Lessee via mail, naming Lessee as the certificate holder or as the insured party. Lessee will also receive a policy in the mail as
evidence of Lessee’s enrollment into the program. Lessor may continue to charge Lessee for such Landlord-Placed Insurance
coverage until such time as Lessee provides Lessor proof of a Required Insurance Policy being in force pursuant to Section 1 above.
LESSEE ACKNOWLEDGES THAT ANY LANDLORD-PLACED INSURANCE POLICY PURCHASED ON LESSEE’S BEHALF PURSUANT TO THIS
SECTION IS LIABILITY-ONLY INSURANCE, DOES NOT INSURE LESSEE’S PERSONAL PROPERTY, IS LIMITED IN SCOPE AND MAY NOT
FULLY PROTECT LESSEE’S INTERESTS.
(a) LIABILITY-ONLY INSURANCE COVERAGE WILL NOT COVER LESSEE’S PERSONAL PROPERTY. IF LESSEE PURCHASES
LIABILITY-ONLY INSURANCE, IT WILL ONLY COVER LESSEE FOR LESSEE’S OWN LIABILITY FOR INJURY, LOSS OR PROPERTY
DAMAGE CAUSED BY LESSEE (OR, IN SOME CASES, OTHER OCCUPANTS OF THE APARTMENT OR GUESTS) TO OTHERS (I.E.,
THIRD PARTIES) AND DOES NOT INCLUDE COVERAGE FOR LESSEE’S PERSONAL PROPERTY OR PERSONAL PROPERTY OF
OTHER OCCUPANTS. IF LESSEE WOULD LIKE TO INSURE LESSEE’S PERSONAL PROPERTY, LESSEE SHOULD PURCHASE A
STANDARD RENTER’S INSURANCE POLICY THAT INCLUDES BOTH PERSONAL PROPERTY COVERAGE AND PERSONAL LIABILITY
COVERAGE. IN ADDITION, LESSOR ENCOURAGES ALL OF ITS TENANTS, AND PARTICULARLY THOSE RESIDING IN COASTAL
AREAS, AREAS NEAR RIVERS, AND AREAS PRONE TO FLOODING, TO OBTAIN FLOOD INSURANCE. RENTER’S INSURANCE MAY
NOT COVER DAMAGE TO A TENANT’S PROPERTY DUE TO FLOODING. A FLOOD INSURANCE RESOURCE WHICH MAY BE
AVAILABLE INCLUDES THE NATIONAL FLOOD INSURANCE PROGRAM MANAGED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA).
Renters_Insurance_Addendum_03302021
RENTERS INSURANCE ADDENDUM
(b) LESSEE MAY NOT LOOK TO LESSOR’S INSURANCE FOR COVERAGE OF PERSONAL PROPERTY. LESSOR’S
INSURANCE DOES NOT COVER LOSS OR DAMAGE TO THE PERSONAL PROPERTY OF LESSEE OR ANY OCCUPANT OR GUEST
OF ANY OF THEM LOCATED IN THE APARTMENT OR COMMUNITY AND LESSEE, ON BEHALF OF ITSELF AND ANY OTHER
OCCUPANTS OR GUESTS, WAIVES AND RELINQUESTS ANY AND ALL CLAIMS AGAINST LESSOR FOR ANY LOSS OF OR DAMAGE
TO LESSEE’S OR ANY OCCUPANT’S PERSONAL PROPERTY FROM (INCLUDING BUT NOT LIMITED TO) FIRE, SMOKE, RAIN,
FLOOD, WATER AND PIPE LEAKS, HAIL, ICE, SNOW, LIGHTNING, WIND, EXPLOSIONS, OR EARTHQUAKE, INTERRUPTION OF
UTILITIES, THEFT, HURRICANE, NEGLIGENCE OF OTHER RESIDENTS, OCCUPANTS, OR INVITED/UNINVITED GUESTS,
VANDALISM OR ANY OTHER CAUSE, UNLESS AND TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW.
(c) LESSEE’S INSURANCE IS NOT A LIMITATION OF LIABILITY. OBTAINING THE INSURANCE REQUIRED OR
RECOMMENDED UNDER THIS ADDENDUM SHALL NOT BE CONSTRUED TO LIMIT LESSEE’S LIABILITY UNDER THE LEASE FOR
ANY LOSS OR DAMAGE. LESSOR RESERVES THE RIGHT TO HOLD LESSEE RESPONSIBLE FOR ANY LOSS IN EXCESS OF THE
LIMITS OF COVERAGE CONTAINED IN ANY POLICY OBTAINED BY LESSEE.
5. E-Mail Communication. By signing this Addendum, you specifically agree and consent to receive and/or obtain your
policy/certificate and any other communications (collectively “Insurance Communications”) related to any insurance provided by
the insurance company we have partnered with in electronic format at the email address provided to the Lessor. You may request a
paper version of any Insurance Communications at any time and at no cost by contacting our insurance company partner and
requesting a paper copy. Further instructions will be provided in future correspondence you receive from the insurance company.
6. No Other Modifications. Except as expressly set forth herein, all of the terms and conditions of the Lease shall remain in full
force and effect. In the event of any conflict between the terms of this Addendum and the terms of the Lease, the terms of this
Addendum shall control.
7. Defaults. Any default under this Addendum shall be a default under the Lease.
8. Execution. This Addendum may be executed in multiple counterparts each of which shall constitute an original, and
together which shall constitute one and the same document. Any copy (including facsimile, PDF or similar format) of a signed
original shall be treated as a counterpart for all purposes.
Renters_Insurance_Addendum_03302021
LEASE ADDENDUM FOR RENT CONCESSION
This Lease Addendum for Rent Concession (“Addendum”) is attached to and made a part of that certain Apartment Lease (“Lease”)
dated as of 10/23/2023 by and between Millenia 700 (“Lessor”) and the following named person(s) (individually or collectively
“Lessee”): Carolina N Favalli for Apartment 3402 having an address of 4150 Eastgate Drive #3402,Orlando,FL,32839 and located
within the Community known as Millenia 700.
1. Defined Terms. All capitalized terms used in this Addendum but not defined herein shall have the meaning ascribed to such
terms in the Lease.
2. Concession Agreement. As consideration for Lessee’s execution and delivery of the Lease (or Lessee’s agreement to renew
the Lease, if applicable) and Lessee’s agreement to fulfill the Lease obligations throughout the full term of Lease (or full renewal
term, if applicable), Lessor will provide Lessee with a Concession(s) off the Monthly Rent indicated in Section 4 of the Basic Terms of
the Lease. The Concession(s) will be in the amount and for the number of months set forth below. This Concession IS NOT reflected
in the Basic Rent for the Apartment referenced in Section 4 of the Basic Terms of the Lease and will appear as a credit on your
monthly rental statement.
The lease payment schedule below includes all scheduled billing, inclusive of any concessions granted, that will be posted and due
each month for the duration of the lease agreement. Additional charges such as insurance, utilities, or other charges assessed by
third parties may not be included in the lease payment schedule. The lease payment schedule does not include additional charges
for rentable items or other services that may be leased or purchased after the date on which this addendum was generated.
3. Terms of Concession; Concession Cancellation. The Concession(s) indicated above are conditioned upon Lessee’s full timely
compliance with the Lease. If the Lease is terminated early due to Lessee’s default (for example, if Lessee abandons the Apartment
without paying Rent or is evicted), this Concession Agreement will be immediately terminated without further notice from Lessor,
Lessee will not be entitled to receive any further concessions or discounts and Lessee will be obligated to pay Lessor the amount of
all discounts or concessions received by Lessee prior to the date of early termination of the Lease.
4. Market Rent. The market rent for the Apartment is the Basic Rent stated in paragraph 4 of the Lease. Lessee acknowledges
that the market rent is a fair representation of what the Apartment would actually rent for at the time the Lease was negotiated and
executed, and is reflective of the rent for a similar dwelling at comparable properties.
5. Conflicts. In the event of a conflict between the terms of this Addendum and the Lease, the terms of this Addendum will
control.
This Lease Addendum for Rent Concession is executed and delivered concurrently with the Lease described above.
FLORIDA ADDENDUM TO APARTMENT LEASE
This Florida Addendum to Apartment Lease (this “Addendum”) is attached to and made a part of that certain
Apartment Lease (“Lease”) dated as of 10/23/2023 by and between Millenia 700 (“Lessor”) and the following
named person(s) (individually or collectively “Lessee”): Carolina N Favalli for Apartment 3402 having an address
of 4150 Eastgate Drive #3402,Orlando,FL,32839 and located within the Community known as Millenia 700.
This Addendum shall supplement and amend the Lease, and to the extent that any of the terms and conditions of this
Addendum conflict with any terms of the Lease, the terms of this Addendum shall control. All capitalized terms
used but not defined herein shall have the meaning given such terms in the Lease.
1. Lessor Obligations. In accordance with Florida Statute Sec. 83.51(2)(a)(1-5), except to the extent
otherwise provided for in the Lease, Lessor shall at all times during the tenancy, make reasonable provisions for:
(i) The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When
vacation of the Apartment is required for such extermination, Lessor is not liable for damages but shall abate the
rent. Lessee must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written
notice, if necessary, for extermination pursuant to this subparagraph.
(ii) Locks and keys.
(iii) The clean and safe condition of common areas.
(iv) Garbage removal and outside receptacles therefor.
(v) Functioning facilities for heat during winter, running water, and hot water.
2. Fee for Dishonored Payment/Returned Checks. Notwithstanding anything in the Lease to the contrary,
each Insufficient Funds Fee shall be no more than $50.00.
3. Holding of Security Deposit. In accordance with Florida Statute Sec. 83.49(1)(a)(b), Lessor hereby declares
and gives notice that all monies taken as security deposits are
[ ] Placed in a separate interest-bearing account for the benefit of the Lessee. Accordingly, all
security deposits will accrue interest at the rate of 75% of the annualized average interest rate payable on such
account or interest at the rate of 5% per year, simple interest, whichever the Lessor elects.
[X} Placed in a separate non-interest-bearing account for the benefit of the Lessee Accordingly, all
security deposits will NOT accrue interest.
4. Return of Security Deposit. IF THE LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS, LESSOR
MAY TRANSFER ADVANCE RENTS TO LESSOR’S ACCOUNT AS THEY ARE DUE AND WITHOUT
NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE LESSOR YOUR NEW ADDRESS SO THAT LESSOR
CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. LESSOR MUST MAIL YOU NOTICE, WITHIN
30 DAYS AFTER YOU MOVE OUT, OF LESSOR’S INTENT TO IMPOSE A CLAIM AGAINST THE
DEPOSIT. IF YOU DO NOT REPLY TO LESSOR STATING YOUR OBJECTION TO THE CLAIM WITHIN 15
DAYS AFTER RECEIPT OF LESSOR’S NOTICE, LESSOR WILL COLLECT THE CLAIM AND MUST MAIL
YOU THE REMAINING DEPOSIT, IF ANY. (See Florida Statute Sec. 83.49(3)(a).)
IF LESSOR FAILS TO TIMELY MAIL YOU NOTICE, THE LESSOR MUST RETURN THE DEPOSIT BUT
MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A
CLAIM, LESSOR MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT
CLAIMING A REFUND.
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT.
GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED
COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO
DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
5. Disposition of Lessee's Personal Property . BY SIGNING THIS ADDENDUM, LESSEE AGREES THAT
UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE APARTMENT DUE TO
THE DEATH OF THE LAST REMAINING LESSEE, AS PROVIDED BY CHAPTER 83, FLORIDA
1
STATUTES, LESSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF
THE LESSEE’S PERSONAL PROPERTY.
(i) Lessee shall not unreasonably withhold consent to Lessor to enter the Apartment from time to time
in order to inspect the Apartment; make necessary or agreed repairs, decorations, alterations, or improvements;
supply agreed services; or exhibit the Apartment to prospective or actual purchasers, mortgagees, tenants, workers,
or contractors. (See Florida Statute Sec. 83.53.)
(ii) In accordance with Florida Statute Sec. 83.53, Lessor may enter the Apartment at any time for the
protection or preservation of the Apartment. Lessor may enter the Apartment upon reasonable notice to the Lessee
and at a reasonable time for the purpose of repair of the Apartment. “Reasonable notice” for the purpose of repair is
notice given at least 12 hours prior to the entry (unless a longer period is provided for in the Lease), and reasonable
time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. Lessor may enter the Apartment
when necessary for the further purposes set forth in Section 6(i) under any of the following circumstances:
(a) With the consent of Lessee;
(b) In case of emergency;
(c) When the Lessee unreasonably withholds consent; or
(d) If Lessee is absent from the Apartment for a period of time equal to one-half the time for periodic
rental payments. If the rent is current and Lessee notifies Lessor of an intended absence, then Lessor may enter only
with the consent of the Lessee or for the protection or preservation of the Apartment.
7. Early Termination by Service Member. Notwithstanding anything contained in the Lease to the contrary, if
Resident is or becomes a service member, Resident may terminate the Lease as provided in § 83.682, Florida
Statutes, and shall have all other rights set forth therein.
8. Flotation Bedding System; Restrictions on Use. Resident shall not be prohibited from using a flotation
bedding system in the Premises. However, any flotation bedding system used in the Premises must not violate
applicable building codes, and Resident shall be required to carry, in its name, flotation insurance as is standard in
the industry in an amount deemed reasonable to protect Resident and Landlord against personal injury and property
damage to the Premises. The flotation insurance policy must carry a loss payable clause to Landlord.
9. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your county health department.
10. Counterparts. This Addendum may be executed in multiple counterparts each of which shall constitute an
original, and together which shall constitute one and the same document. Any copy (including facsimile, PDF or
similar format) of a signed original shall be treated as a counterpart for all purposes.
LESSEE:
__________________________________________
Signature Date
LESSOR:
__________________________________________
Signature Date
2
POSITIVE RENT REPORTING ADDENDUM
This Positive Rent Reporting Addendum (“Addendum”) is attached to and made a part of that certain Apartment
Lease (“Lease”) dated as of 10/23/2023 by and between Millenia 700 (“Lessor”) and the following named person(s)
(individually or collectively “Lessee”): Carolina N Favalli for Apartment 3402 having an address of 4150 Eastgate
Drive #3402,Orlando,FL,32839 and located within the Community known as Millenia 700.
This Addendum shall supplement and amend the Lease, and to the extent that any of the terms and conditions of this
Addendum conflict with any terms of the Lease, the terms of this Addendum shall control. All capitalized terms
used but not defined herein shall have the meaning given such terms in the Lease.
1. Defined Terms. All capitalized terms used in this Addendum but not defined herein shall have the meaning
ascribed to such terms in the Lease.
2. Purpose of Addendum. Lessor and Lessee have agreed upon the terms and provisions set forth below,
which are hereby incorporated into the Lease and agreed to be binding upon Landlord and Tenant:
(a) Esusu Positive Rent Reporting. Lessor offers a Positive Rent Reporting Program (“Program”) through
Esusu, Inc. This program permits Lessee to positively build credit by paying rent on time. Esusu will
report positive rental payment history only.
(c) Opting out. If Lessee does not want to participate in the Program, Lessee must email
[email protected] and request removal from the Program. If Lessee would later like to opt-in,
Lessee must email [email protected]. Lessee agrees it is Lessee’s responsibility to contact Esusu
to opt-out of the program.
3. Conflicts. In the event of a conflict between the terms of this Addendum and the Lease, the terms of this
Addendum will control.
This Special Lease Provision Addendum is executed and delivered concurrently with the Lease described above.
LESSEE:
Name:
Name:
LESSOR:
Name: