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conduct described in section 2.3; or
<br />8.Any illegal drugs or paraphernalia are found in your
<br />apartment or illegal drugs are used in your apartment.
<br />Eviction: Nonpayment of Rent.
<br />If you default in rent payment, we may end your right of occupancy
<br />by giving you a written notice to pay vacate. The notice will state
<br />that you are required to either pay rent in full within a specified
<br />number of days or vacate.
<br />Notice may be by: (1) personal delivery to any resident; (2) if a
<br />resident is unavailable, personal delivery at the apartment to any
<br />occupant of suitable age and discretion in addition to regular mail
<br />delivery to a resident; or (3) if no one of suitable age and discretion
<br />is home, by leaving a copy of the notice in a conspicuous place in the
<br />unit or on the door, delivering a copy to any person in the apartment
<br />(if one can be found), and mailing notice to a resident. Termination
<br />of your possession rights or subsequent reletting doesn't release you
<br />from liability for future rent or other lease obligations. After giving
<br />notice to vacate or filing an eviction suit, we may still accept rent or
<br />other sums due; the filing or acceptance doesn't waive or diminish
<br />our right of eviction, or any other contractual or statutory right.
<br />Accepting money at any time doesn't waive our right to damages,
<br />or to past or future rent or other sums; or to continue with eviction
<br />proceedings.
<br />Eviction: All Other Violations.
<br />If you default other than by nonpayment of rent, we may end your
<br />right of occupancy by giving you 10 day notice, and this notice
<br />will state that you must either remedy your breach or vacate the
<br />apartment within the 10 day period. Notice may be given in the
<br />same manner as the nonpayment of rent notice described above.
<br />However, if you permit waste on the premises, operate an unlawful
<br />business, or if conduct by you or your guests constitutes a nuisance,
<br />we may give you 3 days notice to vacate, and if you fail to vacate
<br />the apartment after service of a termination notice made 20 days
<br />or more before the end of the monthly rental period, we are not
<br />required to give you any additional notice.
<br />However, if your default involves (1) drug related activities, (2)
<br />imminent hazard to the physical safety of other persons on the
<br />premises for which you were arrested, or (3) gang related activity,
<br />you have no 30 day right to cure.
<br />Acceleration.All monthly rent for the rest of the lease term or
<br />renewal period will be accelerated automatically without notice
<br />or demand (before or after acceleration) and will be immediately
<br />due and delinquent if, without our written consent: (1) you move
<br />out, remove property in preparing to move out, or give oral or
<br />written notice (by you or any occupant) of intent to move out before
<br />the lease term or renewal period ends; and (2) you've not paid
<br />all rent for the entire lease term or renewal period. Such conduct
<br />is considered a default for which we need not give you notice.
<br />Remaining rent also will be accelerated if you're judicially evicted or
<br />move out when we demand because you've defaulted. Acceleration
<br />is subject to our mitigation obligations below.
<br />Holdover.You or any occupant, invitee, or guest must not hold over
<br />beyond the date contained in your move-out notice or our notice to
<br />vacate (or beyond a different move-out date agreed to by the parties
<br />in writing). If a holdover occurs, then: (1) holdover rent is due in
<br />advance on a daily basis and may become delinquent without notice
<br />or demand; (2) rent for the holdover period will be increased by
<br />50% over the then existing rent, without notice; (3) subject to our
<br />mitigation duties, you'll be liable to us for all rent for the full term
<br />of the previously signed Lease Contract of a new resident who
<br />can't occupy because of the holdover; and (4) at our option, we
<br />may extend the lease term--for up to one month from the date of
<br />notice of lease extension--by delivering written notice to you or your
<br />apartment while you continue to hold over.
<br />Other Remedies.We may report unpaid amounts to credit
<br />agencies. If you default and move out early, you will pay us any
<br />amounts stated to be rental discounts in the concessions addendum,
<br />in addition to other sums due. Upon your default, we have all
<br />other legal remedies, including lease termination. Unless a party
<br />is seeking exemplary, punitive, sentimental or personal-injury
<br />damages, the prevailing party may recover from the non-prevailing
<br />party reasonable attorney's fees and all other litigation costs. Late
<br />charges are liquidated damages for our time, inconvenience, and
<br />overhead in collecting late rent (but are not for attorney's fees and
<br />litigation costs). All unpaid amounts bear 12% interest per year from
<br />due date, compounded annually. You must pay all collection-agency
<br />fees if you fail to pay all sums due within 10 days after we mail you
<br />a letter demanding payment and stating that collection agency fees
<br />will be added if you don't pay all sums by that deadline.
<br />Mitigation of Damages.If you move out early, you'll be subject to
<br />reimburse us for loss, damage, government fines, or cost of repairs
<br />or service in the apartment community due to a violation of the
<br />Lease Contract or rules, improper use, or negligence by you or your
<br />guests or occupants and all other remedies. We'll make a reasonable
<br />effort to relet and minimize damages after we learn of your early
<br />moveout or abandonment. We'll credit all subsequent rent that we
<br />actually receive from subsequent residents against your liability for
<br />past-due and future rent and other sums due.
<br />2.19 MISCELLANEOUS
<br />Neither we nor any of our representatives have made any oral
<br />promises, representations, or agreements. This Lease Contract is
<br />the entire agreement between you and us. Our representatives
<br />(including management personnel, employees, and agents) have no
<br />authority to waive, amend, or terminate this Lease Contract or any
<br />part of it, unless in writing, and no authority to make promises,
<br />representations, or agreements that impose security duties or other
<br />obligations on us or our representatives unless in writing. No action
<br />or omission of our representative will be considered a waiver of any
<br />subsequent violation, default, or time or place of performance. Our
<br />not enforcing or belatedly enforcing written-notice requirements,
<br />rental due dates, acceleration, liens, or other rights, or our
<br />acceptance of rent after a notice of non-compliance or non-payment
<br />isn't a waiver under any circumstances. Except when notice or
<br />demand is required by statute, you waive any notice and demand
<br />for performance from us if you default. Written notice to or from
<br />our managers constitutes notice to or from us. Any person giving a
<br />notice under this Lease Contract should retain a copy of the memo,
<br />letter or fax that was given. Fax signatures are binding. All notices
<br />must be signed.
<br />Exercising one remedy won’t constitute an election or waiver of
<br />other remedies. Unless prohibited by law or the respective
<br />insurance policies, insurance subrogation is waived by all parties.
<br />All remedies are cumulative. No employee, agent, or Management
<br />Company is personally liable for any of our contractual, statutory,
<br />or other obligations merely by virtue of acting on our behalf. This
<br />Lease Contract binds subsequent owners. Neither an invalid clause
<br />nor the omission of initials on any page invalidates this Lease
<br />Contract. All notices and documents may be in English and, at
<br />our option, in any language that you read or speak. All provisions
<br />regarding our non-liability and non-duty apply to our employees,
<br />agents, and management companies. This Lease Contract is
<br />subordinate or superior to existing and future recorded mortgages,
<br />at lender's option. All lease obligations must be performed in the
<br />county where the apartment is located.
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