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Holdover. You oranyoccupant,invitee,or guest must not h old over sentimental or personal-Injury damages,the prevailing party may
<br /> beyond the date contained in your move-out notice or our notice recover from the non-prevailing party reasonable attorney's fees
<br /> to vacate(or beyond a different move-out date agreed to by the and all other litigation costs as allowed by law.The Owner shall
<br /> parties in writing).If a holdover occurs,then:(1)holdover rent is be deemed to be the prevailing party if the action voluntarily is
<br /> due in advance on adailybasisand may becomedel inquentwithout halted by the Owner prior to judgment,or if the case is not filed,
<br /> notice ordemand;(2)rent for the holdoverperiod will be increased prior to filing,on the basis that the Owner accepted from the
<br /> by 9.5%over the then-existing rent,without additional notice; Resident all or part of the amounts alleged to be owing,or on the
<br /> (3)subject to our mitigation duties,you'll be liable to us for all basis that the Resident vacated the rental unit.Late charges are
<br /> rent for the full term of the previously signed Lease Contract of a liquidated damages for our time,inconvenience,and overhead in
<br /> new resident who can't occupy because of the holdover;and(4)at collecting late rent(but are not for attorney's fees and litigation
<br /> our option,we may extend the lease term—for up to one month costs).All unpaid amounts bear 12%interest per year from due
<br /> from the date of notice of lease extension—by delivering written date,compounded annually.You must pay all collection-agency
<br /> notice to you or your apartment while you continue to hold over. fees if you fail to pay all sums due within 10 days after we mail
<br /> Remedies Cumulative.Any remedies set forth herein shall you a letter demanding payment and stating that collection agency
<br /> be cumulative,in addition to,and not in limitation of,any other fees will be added ifyou don't pay all sums by that deadline.
<br /> remedies available to Landlord under any applicable law. Mitigation of Damages. If you move out early,you'll be subject to
<br /> Other Remedies.We may report unpaid amounts to credit paragraph 11(Early Move-Out)and all other remedies.We'll make
<br /> agencies as allowed by law ifyou default and move out early,you a reasonable effort to relet and mitigate damages after we learn of
<br /> will pay us any amounts stated to be rental discounts in paragraph your early move out or abandonment.We'll credit all subsequent
<br /> 10 (Special Provisions), in addition to other sums due. Upon rent that we actually receive from subsequent residents against
<br /> your default,we have all other legal remedies,including tenancy your liability for past-due and future rent and other sums due.This
<br /> termination. Unless a party is seeking exemplary, punitive, section shall not apply to any Lease Buy Out byyou.
<br /> General Clauses
<br /> 33.ENTIRE AGREEMENT. Neither we nor any of our representatives discover any misstatements of fact in the Resident's
<br /> have made any oral promises, representations,or agreements. application,such misstatements shall be deemed a material
<br /> This Lease Contract is the entire agreement between you and us. and incurable breach of this Lease and shall entitle Owner to
<br /> serve Resident with a notice terminating the tenancy.
<br /> 34.NO AUTHORITY TO AMEND UNLESS IN WRITING. K.Ail discretionary rights reserved for us within this Lease
<br /> Our representatives(includingmanagementpersonnel,employees, Contract or any accompanying addenda are at our sole and
<br /> and agents)have no authority to waive,amend,or terminate this absolute discretion.
<br /> Lease Contract or any part of it,unless in writing,and no authority L.You agreethatanyand all facilitiesprovided byus are provided
<br /> to make promises,representations,or agreements that impose as a gratuity and are not a part of the your rental agreement,
<br /> security duties or other obligations on us or our representatives and that we reserve the right to change or limit the hours of
<br /> unless in writing, No verbal agreements, advertisements, any such facilities,or to eliminate them completely without
<br /> warranties or representations have been made or relied upon by prior notice to you and that any such action by us shall not
<br /> either party or any agent or employee of either party,and neither constitute a claim by you of any breach of this lease by us,nor
<br /> party. be a basis for any reduction of your rent or early termination
<br /> 35.NO WAIVER. No action or omission of our representative will be of your lease agreement.No management provided facilities,
<br /> r
<br /> considered a waiver of any subsequent violation,default,or time i courts,
<br /> org theaterbhe ner rooms,limed andto fitness common rooms,pools,garaspasges,
<br /> s,
<br /> or place of performance.Our not enforcing or belatedly enforcing courts, d o no areas or purages,
<br /> written-notice requirements, rental due dates, acceleration, may be used by you for anyscommercial or business purpose
<br /> liens,or other rights,or our acceptance of rent after a notice including teaching classes or training.
<br /> of non-compliance or non-payment isn't a waiver under any 38.OBLIGATION TO VACATE. if we provide you with a notice to
<br /> circumstances. vacate,or ifyou provide us with awritten notice to vacate or intent
<br /> 36.NOTICE. Except when notice or demand Is required by statute, to move-out In accordance with the Lease Terms paragraph,and
<br /> we accept such written notice,then you are required to vacate the
<br /> you waive any notice and demand for performance from us if Apartment and remove all of your personal property therefrom
<br /> you default.Written notice to or from our managers constitutes at the expiration of the Lease term,or by the date set forth in the
<br /> notice to or from us.Any person giving a notice under this Lease notice to vacate,whichever date is earlier,without further notice
<br /> Contract should retain a copy of the memo,letter or fax that was or demand from us.
<br /> given.Fax signatures are binding.All notices must be signed.All
<br /> notices and documents may be in English and,at our option,in any 39.CONTACTING YOU. By signing this lease,youareagreeing that we,
<br /> language that you read or speak.Any eviction notice compliance our representative(s)or agent(s)may contact you.You agree that
<br /> period will be deemed to be in accordance with state and federal we may contact you using any contact information relating to your
<br /> law,including the federal Cares Act,notwithstanding any shorter lease including any number(i)you have provided to us(ii)from
<br /> referenced period in the lease. which you called us,or(i ii)which we obtained and through which
<br /> 37.MISCELLANEOUS. we reasonably believe we can reach you.You agree we may use any
<br /> means to contact you.This may include calls made to your cellular
<br /> A.Exercising one remedy won't constitute an election or waiver telephone using an automatic telephone dialing system,artificial
<br /> of other remedies. or prerecorded voice messages,text messages,mall,e-mail,and
<br /> B.Unless prohibited by law or the respective insurance policies, calls to your phone or Voice over Internet Protocol(VoIP)service,
<br /> insurance subrogation is waived by all parties. or any other data or voice transmission technology.You agree
<br /> C.All remedies are cumulative. to promptly notify us if you change any contact information you
<br /> D.No employee,agent,or management company is personally provide to us.You are responsible for any service provider charges
<br /> liable for any of our contractual, statutory, or other asaresultofuscontactingyou.
<br /> obligations merely by virtue eluting on our behalf.
<br /> E.This Lease Contract binds subsequent owners. 40.FORCE MAJEURE. If we are prevented from completing
<br /> F.Neither an Invalid clause nor the omission of initials on any performances of any obligations hereunder by an act of God,
<br /> page invalidates this Lease Contract. strikes, epidemics, war, acts of terrorism, riots, flood, fire,
<br /> G.All provisions regarding our non-liability and non-dutyapply hurricane,tornado,sabotage,or other occurrence which is beyond
<br /> to our employees,agents,and management companies. the control of the parties,then we shall be excused from any
<br /> H.This Lease Contract is subordinate or superior to existing further performance of obligations and undertakings hereunder,
<br /> and future recorded mortgages,at lender's option. to the full extent allowed under appi icable law.
<br /> I.All lease obligations must be performed in the county where Furthermore,if such an event damages the property to materially
<br /> the apartment is located. affect its habitability by some oralli esidents,we reserve the right
<br /> executing this Lease.Owner has relied upon the statements
<br /> ►.Resident has completed application in connection with to vacate any and all leases and you agree to excuse us from an set forth in said application in deciding to rent the Premises further performance of obligations and undertakings hereunder,to the full extent allowed under applicable law.
<br /> to Resident.it is agreed that should Owner subsequently
<br /> C'2024,National Apartment Association,Inc-7/2024,Washington Page 7 or9
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