1. law, govt and politics

STATE OF GEORGIA
COUNTY OF ATHENS-CLARKE
LEASE AGREEMENT
Property:
Landlord:
Landlord’s Address:
Broker/Agent:
Chastain, Jenkins and Leathers, LLC
Tenant(s):
Occupancy:
Term:
The _____ day of ____________, ______ at 12:00 p.m. until the _____ day of ____________, ______ at 11:59 a.m.
Rent:
Total of $
Pro-Rations:
$
payable in monthly installments of $
to be paid
;$
to be paid
Non-Refundable Fee: $
Security Deposit: $
Renewal Option Deadline: 12:00 p.m. on the _____ day of ____________, ______.
This lease (hereinafter the “Lease”) is made and entered into this
day of
,
between Landlord and
Agent named above (hereinafter collectively referred to as “Landlord”) and the Tenant(s) named above (hereinafter
collectively called “Tenant”).
1.
Lease of Property. In consideration of Ten Dollars ($10.00) and the mutual covenants herein set forth, the receipt
and sufficiency is hereby acknowledged, Landlord hereby leases to Tenant and Tenant leases from Landlord the
Property identified above located and being more specifically described as the property identified in that deed
recorded in Deed Book _ ___ , Page _ ___, in the Office of the Clerk of Superior Court, _____________ County,
Georgia together with all fixtures, electrical, mechanical, plumbing, air conditioning, and any other systems or
fixtures as are attached thereto; all plants, trees, and shrubbery now a part thereof, together with all improvements
thereon; and all appurtenances thereto (hereinafter collectively referred to as the “Property”). The Property may be
part of a larger property with multiple dwellings thereon. If so, Tenant shall have the right to use the common areas
thereof subject hereto.
2.
Term and Possession. The initial term of this Lease (the “Initial Term”) shall be as set forth above, beginning on the
date and at the time above indicated (hereinafter the “Commencement Date”) and ending on the date and at the time
above indicated. If Landlord is unable to deliver possession of the Property on the Commencement Date, rent shall be
abated on a daily basis until possession is granted. If possession is not granted within ten (10) days of the
Commencement Date, Tenant may, by giving notice to Landlord, terminate this Lease in which event Landlord shall
promptly refund all deposits to Tenant. Neither Landlord nor Broker shall be liable to Tenant for any losses or
damages resulting from such failure to deliver possession.
3.
Rent. Tenant shall pay in advance the monthly rent set forth above as rental for the Property (the “Rent”). The Rent
is due and payable ON OR BEFORE THE FIRST (1st) DAY OF EACH MONTH IN THE FORM OF A CHECK OR
MONEY ORDER to:
Chastain, Jenkins & Leathers, LLC
675 Pulaski Street, Suite 700
Athens, GA 30601
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or to any other place and to any other person as the Landlord may designate in writing. If the Commencement Date
begins on the second day through the last day of any month, Rent shall be prorated for that portion of the month.
Mailing Rent does not constitute payment. RENT MUST BE ACTUALLY RECEIVED BY LANDLORD TO BE
CONSIDERED PAID. IT IS TENANT’S RESPONSIBILITY TO ENSURE THAT RENT AND ALL OTHER
SUMS DUE UNDER THE LEASE ARE ACTUALLY RECEIVED BY LANDLORD NO LATER THAN THE
END OF BUSINESS ON THE 1ST DAY OF THE MONTH. Tenant acknowledges that all funds received by
Landlord will be applied first to non-rent items and then to unpaid Rent.
4.
Non-Refundable Fee. Tenant shall pay upon execution of this Lease a non-refundable fee. Upon completion of the
Move-In Inspection and the payment of the Security Deposit by Tenant, this non-refundable fee shall be applied to
the first full month’s Rent for the Property. Tenant understands and agrees that should Tenant move into the Property
any day other than the first (1st) day of the month, Tenant shall pay the first month’s rent at the time of move in and
this non-refundable fee shall be applied to the next month’s Rent.
5.
Late or Partial Payment and Charge for Returned Checks. RENT IS CONSIDERED LATE IF NOT
RECEIVED BY 5:00 P.M. ON THE FIRST (1ST) DAY OF THE MONTH. If any Rent is not actually received
by Landlord on or before 5:00 p.m. on the fifth (5th) day of the month, Tenant shall pay as additional rent a
late charge to Landlord of ten percent (10%) of the monthly Rent, and, if applicable, a service charge of $50.00
for any returned or dishonored check, said late payment of Rent, late charge and/or service charge shall be
paid in the form of a cashier’s check or money order. Landlord, at Landlord’s discretion, may or may not accept
late or partial Rent. Should Landlord accept late or partial Rent payments: (1) such acceptance will at no time be
considered a waiver of any rights under this Lease, (2) Landlord reserves the right to consider such late or partial Rent
payment to be a breach of the Lease, and (3) Tenant specifically acknowledges and agrees that such acceptance will
not estop Landlord from any action to recover unpaid Rent or to regain possession of the Property. Landlord reserves
the right, upon notice to Tenant, to refuse to accept personal checks from Tenant after one or more of Tenant’s
personal checks have been returned or dishonored.
6.
Security Deposit. Tenant shall pay to Landlord the security deposit set forth above (hereinafter the “Security
Deposit”) at the time of move in after the move-in inspection is approved and complete. Agent shall deposit the
Security Deposit within five (5) banking days of receiving the same into an escrow/trust account located at: AFB&T,
a division of Synovus Bank, 150 W. Hancock Avenue, Athens, GA 30601. Interest earned on the Security Deposit
deposited in the escrow account named above, if any, will accrue to Agent.
a.
Move-In Inspection: Prior to Tenant tendering a Security Deposit, Landlord shall provide Tenant with the
“Move-In/Move-Out Inspection Form”, a copy of which is attached hereto and incorporated hereinafter
(hereinafter the “Form”) itemizing any existing damages to the Property. Prior to taking occupancy, Tenant
will be given the right to inspect the Property and ascertain the accuracy of the Form. Both Landlord and
Tenant shall sign the Form. Tenant shall be entitled to retain a copy of the Form which shall be emailed to
Tenant prior to depositing Tenant’s Security Deposit. Tenant acknowledges that Tenant has carefully
inspected Property in which Premises are located and is familiar with the same.
b.
Security Deposit Check Not Honored: In the event any Security Deposit check is not honored, for any
reason, by the bank upon which it is drawn, Agent shall promptly notify all parties to this Lease of the same.
Tenant shall have three (3) banking days after notice to deliver good funds to Agent. In the event Tenant
does not timely deliver good funds, Landlord shall have the right to terminate this Lease upon notice to
Tenant.
c.
Return of Security Deposit: The Security Deposit will be returned to Tenant within thirty (30) days after the
termination of this Lease or the surrender of the Property by Tenant, whichever last occurs (hereinafter the
“Due Date”) provided Tenant meets the following requirements: (1) the full term of the Lease has expired or
the Lease has been terminated in writing by both parties, (2) Tenant has given the required notice to vacate,
(3) the Property is clean and free of dirt, trash and debris, (4) all amounts due Landlord by Tenant have been
paid in full, (5) the Property is not damaged except for normal wear and tear or pre-existing damage noted at
the commencement of the Lease on the Move-In Move-Out Inspection Form signed by Landlord and Tenant,
and (6) all keys to the Property as well as recreational or other facilities as well as garage door openers or
other access cards or openers have been returned to Landlord.
d.
Deductions from Security Deposit: The Security Deposit may be applied by Landlord to satisfy all or part of
Tenant’s obligations and such act shall not prevent Landlord from claiming damages in excess of the
Security Deposit. Landlord may use, apply or retain all or any part of the Security Deposit to the extent
required for the payment of any sum which Tenant owes Landlord hereunder or for any sum which Landlord
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may expend for actual damage arising out of or related to Tenant’s use or abandonment of the Property or
default in respect to any of the terms or provisions of this Lease including, but not limited to any repair,
replacement, removal of personal property, rekeying of Property, cleaning or painting of the Property
rendered necessary or desirable by reason of the negligence, carelessness, or abuse by Tenant or an invitee,
guest or members of Tenant’s household beyond ordinary wear and tear, or to pay or apply against any other
amounts owed by Tenant to Landlord as permitted by law. Tenant shall forfeit any and all Security Deposit
described within this Lease should Tenant default on any terms or conditions of this Lease. The
appropriation of all or part of the Security Deposit shall not be an exclusive remedy for Landlord, but shall
be cumulative, and in addition to all other remedies of Landlord by law or under this Lease. THE
SECURITY DEPOSIT MAY NOT BE APPLIED BY TENANT TO RENT.
7.
e.
Move-Out Statement: Should Landlord retain any portion of the Security Deposit, Landlord shall
provide Tenant with a statement (hereinafter the “Move-Out Statement”) listing the exact reasons for the
retention of the Security Deposit or for any deductions therefrom. If the reason for the retention is based
upon damage to Premises, such damages shall be specifically listed in the Move-Out Statement. The MoveOut Statement shall be prepared within three (3) banking days after the termination of occupancy. If Tenant
terminates occupancy without notifying the Landlord, Landlord may make a final inspection within a
reasonable time after discovering the termination of occupancy. Tenant shall have the right to inspect
Premises within five (5) banking days after the termination of occupancy in order to ascertain the accuracy
of the Move-Out Statement. If Tenant agrees with the Move-Out Statement, Tenant shall sign the same. If
Tenant refuses to sign the Move-Out Statement, Tenant shall specify in writing, the items on the Move-Out
Statement with which Tenant disagrees within three (3) banking days. For all purposes herein, a banking day
shall not include Saturday, Sunday or federal holidays.
f.
Delivery of Move-Out Statement: Landlord shall deliver to Tenant the Move-Out Statement, along with
the balance, if any, of the Security Deposit, before the Due Date. The Move-Out Statement shall either be
delivered personally to Tenant, mailed to the forwarding address provided by Tenant or mailed to the last
known address of Tenant via first class mail. If the letter containing the payment is returned to Landlord
undelivered and if Landlord is unable to locate Tenant after a reasonable effort, the payment shall become
the property of Landlord ninety (90) days after the date the payment was mailed.
Early Termination. Tenant may terminate this Lease before the expiration of the term thereof by:
a.
Giving Landlord written notification sixty (60) days prior to the proposed termination date; plus
b.
Paying all monies due through the end of the Lease; plus
c.
Forfeiting the Security Deposit; plus
d.
Tenant remains subject to all terms and conditions described in this Lease regarding Tenant “move-out”
responsibilities and the final “walk-thru” inspection.
8.
Lease Renewal. The Initial Term of this Lease shall terminate at the time and date above described. Tenant may
notify Landlord in writing no later than the above stated Renewal Option Deadline of Tenant’s desire to renew this
Lease for an additional term. Landlord has the sole discretion to agree to renew the Lease and will notify Tenant of
the proposed terms of such renewal lease which may include an increase in rent. Tenant agrees and understands that if
Tenant has not renewed this Lease by the Renewal Option Deadline, then Tenant shall vacate the Property at the end
of the Initial Term as set forth herein.
9.
Default, Holding Over, and Abandonment:
a.
Default: Tenant shall be in default (hereinafter “Default”) of this Lease upon the occurrence of any of the
following: (1) Tenant fails to abide by any of the terms and conditions of this Lease, (2) Tenant files a
petition in bankruptcy (in which case this Lease shall automatically terminate and Tenant shall immediately
vacate the Property leaving it in the same condition it was in on the date of possession, normal wear and tear
excepted), (3) Tenant fails to timely pay Rent or other amounts owed to Landlord under this Lease, (4)
Tenant fails to reimburse Landlord for any damages, repairs and costs to the Property (other than normal
wear and tear) caused by the actions, neglect or intentional wrongdoing of Tenant or members of Tenant's
household and their invitees, licensees and guests, (5) Prior to the termination of the Lease, Tenant either
moves out of the Property or shuts off any of the utilities serving the Property without the written consent of
Landlord, and/or (6) Tenant or Tenant’s guest or invitees violates any of the rules and regulations attached
hereto or otherwise fails to abide by and perform any of the obligations, terms, conditions or provisions of
this Lease.
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b.
Effect of Default by Tenant. Upon Default by Tenant, Landlord shall have the option to terminate this
Lease by giving written notice to the Tenant, or, without terminating this Lease, to enter upon and take
possession of the Property, removing all persons and property there from and to re-rent the Property at the
best price obtainable by reasonable effort, without advertisement and by private negotiations and for any
term Landlord deems proper. Tenant shall be liable to Landlord for any deficiency between all Rent due
hereunder and the price obtained by Landlord on such re-letting. Such termination shall not release Tenant
from any liability for any unpaid Rent or other amounts due under this Lease, past and/or future.
c.
Holding Over. Holding over by Tenant with or without consent of Landlord after termination of this Lease
shall be treated as a tenancy from month to month. A fee in an amount equal to the monthly rent stated
herein above plus an additional two hundred dollars ($200.00) per month shall be payable, in advance, each
additional month. This provision shall not be construed as giving Tenant any right to hold over.
d.
Abandonment. If Tenant removes or attempts to remove property from the Property other than in the usual
course of continuing the occupancy, without having first paid Landlord all monies due hereunder, the
Property may be considered abandoned and the Landlord shall have the right, without notice, to store or
dispose of any property left in the Property by Tenant. Any such abandoned property shall be considered the
Landlord’s property and title thereto shall rest in the Landlord.
10. Dispossessory fee. Notwithstanding anything to the contrary contained herein, if Tenant does not pay all Rent in full,
plus any late charge and any other outstanding fees owed on or before the tenth (10th) of the month, Landlord may file
a dispossessory warrant within the county in which the Property is situate. In the event that a dispossessory warrant is
filed against the Tenant, a fee of $100.00 will be assessed to cover the costs of warrant filing fees. Court costs,
attorney fees, plus an administrative fee of $100.00 per dispossessory action will also be charged to the Tenant.
11. Parental/Sponsor Guaranty. The Landlord may require as a condition of this Lease, a binding Parental or
Sponsor’s Guaranty (hereinafter the “Guaranty”). This Guaranty constitutes an essential inducement for the granting
of this Lease by Landlord. Landlord reserves the right to cancel this Lease in the event such Guaranty is not fully
executed, notarized and returned to the Landlord within five (5) days of execution of this Lease by Tenant. Tenant
understands that the Guaranty must be obtained directly from parent or sponsor and that the Landlord reserves all
rights, both civil and criminal for any false execution or forgery of the Guaranty. Tenant acknowledges that this
Lease is for an essential necessity of Tenant and that Tenant shall be fully bound by all of the terms and condition
hereof irrespective of Tenant’s age or legal status. The execution of the Guaranty constitutes additional assurance to
the Landlord of the performance of the requirements of this Lease and shall not be construed as a release of Tenant’s
obligations hereunder.
12. Use of Premises. The Property shall be used for residential purposes only and shall be occupied only by the persons
named on the Lease as Occupants unless prior written consent is obtained from Landlord. Tenant shall physically
occupy the Property at all times during the Term and shall not abandon or vacate the Property. The Property shall be
used so as to comply with all state, county and municipal laws and ordinances, as well as any association covenants
and rules and regulations, if applicable. Tenant shall not use Property or permit it to be used for any disorderly or
unlawful purpose, or in any manner so as to interfere with other residents’ quiet enjoyment of their property.
Landlord, or any agent thereof, may enter said Property at anytime during normal operating hours to enforce any or
all terms and stipulations of this Lease. Enforcement of this stipulation shall not be construed as an invasion of
Tenant’s privacy and Tenant waives any claim for such against Landlord or any agent thereof. Possession of illegal
drugs on or within the Property shall constitute an immediate default of this Lease. Tenant shall pay any fines or
expenses incurred because of the failure of Tenant to abide by current laws and ordinances or violation of this
stipulation.
13. Assignment and Subletting. Tenant shall not assign this Lease or sublet the Property in whole or in part without the
prior written consent of Landlord. Should Landlord consent to assignment or subletting all assignees and/or
sublettors shall be obligated to comply with all terms and conditions of this Lease and make all payments required
hereunder. Any assignment or subletting hereunder shall not relieve Tenant of any liability or obligation including,
without limitation, the payment of Rent and other sums under this Lease. Landlord may assign this Lease to a
subsequent owner of the Property.
14. Fixtures and Improvements. No alterations, remodeling, structural change, improvement or adding or changing
locks shall be made to the Property by Tenant without prior written consent of Landlord. All additions, fixtures, or
improvements which may be made by Tenant shall become the property of Landlord at the termination of this Lease.
Tenant must immediately furnish Landlord with the appropriate key for any additional or changed locks or Tenant
will be responsible for any expenses incurred by Landlord in replacing or re-keying said locks.
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15. Tenant’s Responsibilities:
a.
Repairs and Maintenance: Tenant acknowledges that Tenant has inspected the Property and that it is fit for
residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for
maintenance of the Property. All maintenance or repair requests should be submitted online at
www.cjandl.com. Upon receipt of such notice from Tenant, Landlord shall, within a reasonable time period
thereafter, repair the following: (1) all defects in Property which create unsafe living conditions or render the
Property untenable; and (2) to the extent required by state law, such other defects which, if not corrected,
will leave the Property in a state of disrepair. Except as provided above, Tenant agrees to maintain the
Property in the neat, sanitary and clean condition free of trash and debris. Any expenses incurred by
Landlord to remedy any violations of this provision shall be considered as additional rent and reimbursed by
Tenant to Landlord within fourteen (14) days of the receipt of an invoice from Landlord. Tenant shall be
liable for any damages to Property due to Tenant’s failure to timely notify Landlord of any maintenance
issue or deficiency within the Property.
b.
Protection from Freezing: Tenant shall take all reasonable precautions to prevent plumbing fixtures, pipes
and lines from freezing or otherwise becoming clogged. Such precaution shall include, but shall not be
limited to, keeping the Property sufficiently warm to prevent freezing and allowing faucets to drip as needed
to prevent water lines from freezing. Tenant shall be liable for any and all damages caused by Tenant’s
failure to take such reasonable precautions, including damage to adjacent properties and damage to personal
property owned by others.
c.
Mold and Mildew: Tenant acknowledges that mold and/or mildew can grow in any portion of the Property
that is exposed to elevated levels of moisture and that some forms of mold and mildew can be harmful to
health. Tenant therefore agrees to regularly inspect the Property for mold and/or mildew and immediately
report to Landlord any water intrusion problems mold and/or mildew (other than in sinks, showers, toilets
and other areas designed to hold water or to be wet areas). Tenant shall not block or cover any heating,
ventilation, or air conditioning ducts located in the Property.
d.
Personal Property: All personal property placed in the Property shall be at the risk of Tenant. Landlord shall
not be liable for any damages to Tenant’s personal property, or to the Tenant or any other person, arising
from the bursting or leaking of water or steam pipes, or for any damages of any sort resulting from latent
hazards or defects. LANDLORD STRONGLY RECOMMENDS THAT TENANT OBTAIN
INSURANCE COVERAGE WITH RESPECT TO TENANT’S PERSONAL PROPERTY.
e.
Exterior Maintenance: Tenant shall maintain the exterior of the Property in an orderly, acceptable condition
and shall not cause any violations of any applicable zoning laws. Tenant shall do nothing, which would
increase or cause to cancel the fire or hazard insurance policy on the Property. If applicable, Tenant shall not
cut any trees or shrubs on the Property and shall keep the Property’s surroundings in good appearance. There
shall be no dumping of junk or trash on the Property. Tenant shall not cultivate any plants on the Property
without prior written consent of Landlord.
f.
Drains and Plumbing: Landlord shall not be responsible for stopped up drains or plumbing where such
stoppage is caused by the introduction of foreign objects not intended for sewer disposal, the introduction by
Tenant of excess waste, or other stoppage caused by Tenant.
g.
Rules and Regulations: Tenant shall comply with all Rules and Regulations for the Property, a copy of which
is attached hereto and made a part hereof. Tenant acknowledges that Landlord may add to, alter or amend
these Rules and Regulations at any time and after notification to Tenant thereof, Tenant shall be comply
therewith.
h.
Lawn and Exterior Maintenance: [Check one. The section not checked shall not be a part of this Lease.]
1. _____ Tenant shall keep the lawn mowed and edged, beds free of weeds, shrubs trimmed, trash and
grass clippings picked up on a regular basis (minimum of once every two weeks in growing season
and fall leaf season) and shall keep the Property, including yard, lot, grounds, premises, walkways and
driveway clean and free of rubbish, trash and debris.
2. _____ Landlord or Landlord’s designated agent shall provide all yard/exterior maintenance.
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i.
Pest Control: Landlord will be responsible for termite control. Other pest control (including rodents, ants,
cockroaches, spiders and other insects) shall be handled as set forth below: [Check one. The section not
checked shall not be a part of this Lease.]
1. _____ Landlord or Landlord’s designated agent shall provide pest control services to the Property.
2. _____ Landlord shall not provide pest control services to the Property and the same shall be the
responsibility of Tenant.
16. Utilities. Tenant is responsible for having all utilities placed in Tenant’s name on or before the Commencement Date
unless otherwise indicated herein as a special stipulation. If Landlord is providing any utilities, then Tenant agrees to
use said utilities in a normal and efficient manner so as not to cause waste. Tenant agrees to pay all other utility bills
accruing within the Term of this Lease. Landlord may, at his option, pay any unpaid utilities and charge the same to
Tenant as additional rent which Tenant shall pay within fourteen (14) days of notification thereof.
17. Pets. Pets are NOT permitted on the Property without the written consent of the Landlord which consent may be
withdrawn at any time at Landlord’s sole discretion and for any reason. This prohibition shall include any and all
pets, even those temporarily visiting the Property, whether or not owned by Tenant. A non-refundable pet fee of
three hundred fifty dollars ($350.00) per pet must be paid in advance for each pet Landlord agrees to allow in the
Property. If any pet becomes a nuisance, as determined in the sole discretion of Landlord, or Landlord otherwise
withdraws consent for such pet to remain on the Property, Tenant agrees to remove such pet from the Property within
24 hours of notice thereof from Landlord. Any damages caused by any pet shall be the responsibility of the Tenant
and shall NOT be covered by the pet fee. Should any pet be found on the Property without the Landlord’s prior
written consent, Tenant shall pay a fine of between two hundred fifty dollars ($250.00) and five hundred
dollars ($500.00) as indicated on the attached Pet Exhibit, per occurrence, per pet, said fine to be paid within
24 hours of such notice. Tenant further agrees to remove all pets from the Property within 24 hours of receiving said
notification. Failure to do so shall constitute an event of default under the Lease.
18. Inspection and Carding. Landlord shall have the right to inspect or show the Property at any reasonable time, upon
advance notice to Tenant, and Tenant agrees not to withhold access to the Property unreasonably. In any event and at
any time, Landlord shall have the right to display a FOR RENT or FOR SALE sign, with appropriate information
thereon, on the Property. In case of emergency, Landlord or its agents may enter at any time without advance notice
to Tenant to protect life, to prevent damage to property or to prevent any criminal activity. Landlord or its agents
may also enter the Property at any time without advance notice to Tenant to inspect for unauthorized occupants or
pets.
19. Destruction of the Property. If the Property is rendered untenable by fire, storm, earthquake, or any other casualty,
this Lease shall terminate as of the time of such destruction or damage, and Rent shall be abated as of that date. The
term untenable shall not mean a condition which may be cured within seven (7) days of its occurrence. Landlord
shall not be liable to Tenant for any losses or damages related to such casualty or for damage or loss, including loss of
life, by any act of God.
20. Issuance of Keys and Penalties: There shall be one door key issued per Tenant upon the signing of the Lease or on
the Commencement Date. There shall be one (1) mail key issued per Property when applicable. At the termination of
the Lease, Tenant shall return to the Landlord all keys, including the original keys and all copies made by Tenant.
Failure to return all door keys will result in a one-hundred and fifty dollar ($150.00) penalty. Failure to return
the mail key will result in a seventy-five dollar ($75.00) penalty.
21. Carpet Cleaning. At the termination of the Lease a fee shall be charged for carpet cleaning if the Property is
carpeted. The fee shall be $50.00 plus $15.00 per bedroom and $30.00 per set of stairs. Additional carpet cleaning
fees may be charged for stains, damage beyond normal wear and tear, and/or pet odor, the amount of which shall be
determined at the time of the move-out inspection. These fees will be deducted from Tenant’s Security Deposit.
22. Indemnification. Tenant releases and agrees to hold harmless Landlord, Agent, and their agents from liability for
and agrees to indemnify Landlord, Agent, and their agents against any and all injuries, damages, losses, suits and
claims arising out of or related to: (a) Tenant’s failure to fulfill any condition of this Lease, (b) any damage or injury
happening in or to Property or to any improvements thereon as a result of the acts or omissions of Tenant or Tenant’s
household and their guests, licensees, and/or invitees, (c) Tenant’s failure to comply with any requirements imposed
by any governmental authority, (d) any judgment, lien, or other encumbrance filed against the Property as a result of
Tenant’s action, and (e) any damage or injury happening in or about the Property to Tenant or Tenant’s household
and their invitees, guests, and/or licensees (except if such damage or injury is caused by the intentional wrongful acts
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of Landlord or Agent) and Tenant covenants not to sue Landlord or Agent with respect to any of these matters. For
the purposes of this paragraph, the term “Agent” shall include the Agent identified hereinabove and Agent’s affiliated
licensees and employees.
23. Notices. All notices provided for hereunder must be in writing. Such notices mailed to or left within the Property
shall constitute notice to Tenant. When the term “Tenant” includes more than one person, such notice shall be
conclusively deemed to have been given to all such persons when such notice is given to any one of such persons.
Notice to the Landlord shall be in writing and either hand delivered, mailed certified mail, return receipt requested, or
mailed overnight delivery to Landlord’s address where Rent is accepted.
24. Disclaimers.
a.
General: Tenant acknowledges that Tenant has not relied upon the advice or representations, if any, of
Landlord, Agent, their agents, or associated personnel of Landlord relative to (but not limited to) public
transportation; school districts; the legal and tax consequences of this agreement in the leasing of the Property;
the operating condition of electrical, heating, air conditioning, plumbing, water heating systems, pool, spa, and
appliances in the Property; the availability of utilities to the Property, the availability of an amenity package, if
applicable; restrictive covenants and architectural controls; safety of the Property and crime in the general area;
or any other system or condition on or in the vicinity of the Property. Tenant acknowledges that if such matters
have been of concern to him, he has sought and obtained independent advice relative thereto, including an
independent inspection of the Property. No oral representation, inducement, promise, or agreement between the
parties shall be of any force or effect.
b.
Neighborhood Conditions: Tenant acknowledges that in every neighborhood there are conditions which
different tenants may find objectionable. It shall be Tenant’s duty to become acquainted with any present or
future neighborhood conditions which could affect the Property including without limitation land-fills, quarries,
high voltage power lines, cemeteries, airports, stadiums, odor producing factories, crime, schools serving the
Property, political jurisdictional maps and land use and transportation maps and plan. If Tenant is concerned
about the possibility of a registered sex offender residing in a neighborhood in which Tenant is interested, Tenant
should review the Georgia Violent Sex Offender Registry available on the Georgia Bureau of Investigation
Website at www.gbi.georgia.gov.
25. Miscellaneous Provisions:
a.
Time: Time is of the essence of this Lease.
b.
Entire Agreement: This Lease and any attached addenda and exhibits thereto shall constitute the entire
agreement between the parties and no verbal statement, promise, inducement or amendment not reduced to
writing and signed by both parties shall be binding.
c.
Joint and Several Obligations: The obligations of Tenant set forth herein shall be the joint and several
obligations of all persons occupying the Property.
d.
Usufruct: No estate for years is created hereby and Landlord is only conveying to Tenant a usufruct as
defined under Georgia law.
e.
Captions and Headings: The captions of paragraphs used herein are merely descriptive of some matters
contained therein and do not necessarily describe the contents of each paragraph.
f.
Lead Based Paint: For any Property built prior to 1978, Tenant acknowledges that Tenant has received, read,
and signed the Lead-Based Paint Exhibit attached hereto and incorporated herein by reference.
g.
Management by Agent: Tenant agrees and acknowledges that Chastain, Jenkins & Leathers, LLC is acting as
Agent for Landlord hereunder as outlined in a separate agreement or agreements.
h.
Severability: If any provision of this Lease is determined to be void, the void provision shall not affect the
other provisions of the Lease and the Lease shall otherwise remain in full force and effect; and to this end,
provisions of this Lease are severable.
i.
Successors and Assigns: The provisions of this Lease shall bind and inure to the benefit of Landlord and
Tenant and their respective successors, heirs, legal representatives, and assigns; provided, however, that no
assignment or sub-letting by, through or under Tenant in violation of this Lease shall vest in any such
assignee or sub-tenant any right, title, or interest whatsoever. The term “Landlord” as used in this Lease
means only the Landlord and Agent for the time Landlord owns the Property, and upon any sale or
conveyance thereof, Landlord named herein shall be and hereby is entirely freed and relieved of all
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covenants, liabilities, and obligations. Notwithstanding anything in this Lease to the contrary, Landlord shall
have no personal liability hereunder and Tenant shall look solely to the estate and property of Landlord in
the Property for the collection of any judgment or other judicial process arising out of any default or breach
by Landlord with respect to any of the terms or covenants of this Lease to be observed or performed by
Landlord, and no other assets of Landlord shall be subject to levy, execution or other procedures for the
satisfaction of Tenant’s remedies.
j.
Attorney Fees: In any litigation, arbitration, or other proceeding by which one party seeks to enforce its
rights under this Lease, including, but not limited to, any action brought by the Landlord or its agents due to
any breach of this Lease, including, but not limited to, an action due to non-payment of rent, the prevailing
party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
k.
Failure of Landlord to Act: Failure of the Landlord to insist upon strict compliance with the terms of this
Lease shall not constitute a waiver of the Landlord’s right to act on any violation.
l.
Advertisements: Tenant shall place no signs, placards, or other advertisements of any character within or on
the Property without written permission from Landlord.
m. Governing Law: This Lease may be signed in multiple counterparts and shall be governed by and interpreted
pursuant to the laws of the State of Georgia.
n.
Security Disclaimer: Tenant acknowledges that: (1) crime can occur in any neighborhood including the
neighborhood in which the Property is located; and (2) while Landlord may from time to time do things to
make the Property reasonably safe, Landlord is not a provider or guarantor of security in or around the
Property. Tenant acknowledges that prior to occupying Property, Tenant carefully inspected all windows and
doors (including the locks for the same) and all exterior lighting and found these items: (a) to be in good
working order and repair; and (b) reasonably safe for Tenant and Tenant's household and their invitees,
licensees and guests knowing the risk of crime. If during the term of the Lease any of the above items
become broken or fall into disrepair, Tenant shall give notice to Landlord of the same immediately.
o.
Disclosure Rights: Landlord may disclose information about Tenant to law enforcement officers,
governmental officials and for business purposes.
p.
Fair Housing Disclosure: Landlord and Agent are committed to leasing and managing the Property without
regard to race, color, national origin, religion, handicap, familial status, sex or sexual orientation.
26. Exhibits and Addenda: All exhibits and/or addenda attached hereto and listed below are made a part of this
Lease. If any such exhibit and/or addenda conflict with and preceding paragraphs, said exhibit and/or addenda
shall control:
a.
b.
c.
d.
e.
f.
g.
Move-Out Procedures
Resident Rules and Regulations
Lead Based Paint Agreement
Parental Guaranty or Proof of Employment
Move-In/Move-Out Inspection Form
Pet Exhibit
_____________________________
27. Special Stipulations: The following special stipulations shall be binding upon the parties to this Agreement and shall
be controlling where in variance with the provisions of the pre-printed language of this Lease:
a.
The following appliances are included with the Property:
(1) ___________________________________________
(2) ___________________________________________
(3) ___________________________________________
(4) ___________________________________________
b.
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IN WITNESS WHEREOF the parties hereunto have set their hands and seals, on the day and year written above.
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
IN WITNESS WHEREOF we have hereunto set our hands and seals, on the day and year written above.
Landlord: _________________________________ Date: ________________
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ADDENDUM A
MOVE-OUT PROCEDURES
Tenant shall fulfill the following responsibilities regarding the condition of the Property upon Move-out:
1.
The entire Property must be clean and all personal belongings must be removed. Discarded property that the sanitation
company will not pick up, such as mattresses and furniture, must be removed from the Property. We recommend donating
these items to a local charity.
2.
Any personal item not removed will result in a minimum trash-out fee of $50.00.
3.
No damage to the Property beyond normal wear and tear and condition of the Property as noted on the Move-in Inspection
report.
4.
The range and hood should be clean and free of grease, grime and stains. The top of the stove, rings, drip pans and under the
burners must be cleaned. The oven and broiler must be cleaned.
5.
The refrigerator must be defrosted, all food must be removed, and the inside and outside must be wiped clean. To avoid
damages to the refrigerator, leave refrigerator plugged in and on lowest setting.
6.
All kitchen cabinets and counters must be free of debris and clean. The cabinets must be emptied. The sinks must be
scoured.
7.
The bathroom cabinets and closets must be emptied and cleaned. The tile, bathtub/shower stall must be cleaned and free of
any hair, soap scum and mildew. The toilet must be cleaned inside and out. The sink must be scoured. All walls, floors and
baseboards must be free of dirt, hair and stains.
8.
No marks, holes or scratches on walls, other than those made by approved picture hangers shall exist. All approved picture
hangers must be removed though holes therefrom do not have to spackled.
9.
All ceiling fans, light fixtures and globes must be cleaned and burned out light bulbs must be replaced.
10. All vinyl, tile or wood floors must be swept and mopped and free of debris and stains.
11. The balcony/patio must be free of all debris and swept.
12. All windows and doors must be closed and locked with screens must be in place. All blinds must be cleaned and in working
order.
13. All keys must be returned to the Landlord and not left at the Property. If all keys to the Property are not returned when
Tenant vacates, Tenants will incur a re-key charge.
14. All utilities should be left on through the time of the Move-out Inspection and then taken out of Tenant’s name as of your
move out date.
15. No unpaid rent, late fees, returned check fees, maintenance invoices or other charges that occurred during the Lease term.
16. A forwarding address must be left with the Landlord and Post Office.
17. Tenant is responsible for installing clean air filters prior to move out.
If any or all of the above listed conditions are not met, a portion or all of the Security Deposit may be forfeited. Security
Deposits will be returned in accordance with the Lease. The Security Deposit may not be applied by Tenant to the last
month's rent. If you would like to be present for the Move-out Inspection, you must make an appointment in advance with
Landlord.
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
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ADDENDUM B
RESIDENT RULES AND REGULATIONS
1.
All yards, hallways, passages, driveways, etc. shall not be congested or used for storage by Tenant. It shall be the
responsibility of the Tenant to keep all porches, decks, stairways and passages free of debris and broom-swept clean.
2.
Security Deposits will not be returned until the Property is vacated and the lease agreement has terminated and an
inspection of the Property has been completed by Landlord. Security deposits may not be used for the last month’s
rent.
3.
No towels, bathing suits, bottles, or other miscellaneous items will be permitted to be stored on or hung over the
patios or balconies of the Property.
4.
No noisy or disorderly conduct which may annoy or disturb other occupants of the building or community shall be
permitted.
5.
Tenant shall not use any electrical appliance that will interfere with the reception of other tenants’ appliances.
6.
All garbage or refuse must be placed in appropriate containers and in the dumpsters if applicable. No garbage shall be
left on porches, decks, or any area located inside or outside the Property. No garbage/trash, including cigarette butts
and pet waste, should be left on the ground anywhere. A $50.00 fine shall be charged per occurrence.
7.
Tenant shall be responsible for promptly cleaning up after Tenant’s pet. Failure to do so will result in a $50.00
fine per occurrence.
8.
All glass, locks, screens, and window treatments in or upon doors and windows, belonging to the building shall be
kept whole and in place. No physical change may be made to the exterior of the Property.
9.
Tenant is responsible for promptly reporting to Landlord, in written form, all damages done to the Property.
10. Tenant shall be responsible for all damages to the Property and all surrounding dwellings, where applicable, caused
by overflow from drains or plumbing due to the neglect of persons in the Property.
11. Tenant shall be responsible for reporting any changes in family size or composition change of any occupant of the
Property to the Landlord in writing.
12. Waterbeds are not allowed at any time without written permission of the Landlord.
13. At no time should vehicles be parked on lawns, grassed, or “No Parking” areas. Vehicles should be parked in
designated parking areas only. No unregistered or “junk” vehicles are allowed. All vehicles parked at or near the
Property must be operable. Vehicles found in violation of this rule will be removed by Landlord at the vehicle
owner’s expense.
14. Tenant acknowledges that Tenant is responsible for maintaining a safe and secure property by following all rules and
regulations described within this Lease and maintaining and using all safety devices in said Property, including but
not limited to, securing all windows and doors and replacing smoke detector batteries when necessary. Replacing
smoke detector batteries is the responsibility of Tenant. If there is an alarm system in the Property, its
maintenance and use, including any monitoring and servicing, is the responsibility of Tenant. Landlord does not
warrant or guarantee that any such alarm system in the Property is operable.
15. All maintenance requests should be submitted online to Agent’s website www.cjandl.com. Tenant shall incur
the expense of any maintenance request by Tenant where no problem was found or the problem was caused by
Tenant’s negligence or the negligence of Tenant’s guest or invitee. Tenant shall be responsible for changing
heat and A/C filters every month and shall be liable for any damage caused by failure to do this. Tenant shall
be responsible for the replacement of light bulbs.
16. Tenant is prohibited for adding, changing, or in any way altering locks installed on the doors of Premises without
prior written consent of Landlord. It is NOT the responsibility of Landlord to provide additional keys to Tenant for
“lock-outs” or lost keys. Tenant shall be responsible for any and all expenses related to such matters. An
administrative fee in the amount of $50.00 will be charged to Tenant for lock-outs outside of normal business hours.
17. Tenant must schedule “Move-Out” inspections in advance with Agent. Tenants should refer to the Move-out
Procedures prior to scheduling move out inspections.
18. Tenant is prohibited from placing furniture in or around any trash dumpster. Discarded furniture must be removed
from the Property and disposed of appropriately by Tenant.
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19. No grills of any kind will be allowed on wooden decks or within ten (10) feet of combustible patios.
20. Tenant acknowledges that they are aware of all city/county ordinances relating to residential properties and shall
abide by all such ordinances and agree to be liable for any fines issued because of Tenant’s violation of said
ordinances. Any violation of these ordinances shall constitute a default of this lease agreement. You may visit
www.athensclarkecounty.com/code to access all Athens-Clarke County codes and ordinances.
21. No smoking shall be allowed inside the Property.
Tenant has read the above rules and regulations, understands and agrees to abide by them. Tenant understands that failure to
adhere to them will constitute a DEFAULT under the Lease and will entitle Landlord to terminate the Lease and Tenant shall
be liable for any and all expenses incurred by Landlord to correct or enforce said violations of these rules and regulations in
addition to the penalties as described in the Lease.
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
Tenant Signature: __________________________________________________
Date: ________________
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