Brand new house with new appliances (Refrigerator, microwave, dishwasher stove/oven), 2-car garage. Community pool/park. Fitness center included. Easy access to highway 540. WakeTech community college, daycare. Elementary and Middle schools. Bar restaurant. About 10-15 minutes to a WakeMed and Duke Raleigh Hospital and Raleigh downtown. About 30 minutes to RDU airport. Lease agreement will be signed upon showing interest in property. DATE OF AGREEMENT: 02/01/2023 TENANT(S): This Lease Agreement ("Agreement") is entered into as of the DATE above and by and between the LANDLORD and TENANT(S) (collectively and individually "Tenants") and for good and valuable consideration the sufficiency of which is acknowledged by all parties hereby mutually agree to the following terms: UNIT: Tenants do hereby agree to rent from the landlord the premise located at NUMBER OF TENANTS: The total number of tenants permitted to reside in the unit shall not exceed _5_ and all authorized Tenants shall be listed above. No other person shall be deemed or allowed to be a Tenant or a party to this Agreement. This shall not include temporary, overnight guests. Extended stay guests shall be a violation of this Agreement. Violation of the number of Tenants shall be cause for immediate termination, assessment of fees and additional wear and tear on the Unit. JOINT AND SEVERAL LIABILITY: All Tenants under this Agreement shall be jointly and severally liable for the terms and obligations of this Agreement. For clarification, each tenant listed above shall be individually liable for the entire Lease Amount and all terms of this Agreement as well as being jointly liable as a group. TERM: The rental period shall commence on 01st February 2023 and shall continue until the 31st January 2024 The lease is subject to renewal after the termination day and agreed by the landlords and the tenant(s). LEASE AMOUNT: The full month Lease Amount under this Agreement is $2,600. The landlord has security deposit in the amount of $2,600 and one-month rent of $2,600 (for first lease). In the event of breach, the Landlords shall have the right to keep the entire remaining Lease Amount. PET FEE: Monthly pet fee shall be _$40 per pet. $40 per pet per month or $480 for the whole year. If there is damage caused the by a pet, the money will be used to fix the damages. There is no pet fee for service animals or emotional support animals. LEASE AMOUNT INCREASE: If there is any increase in the lease amount, it will be communicated to the tenant 30 days in advance. TERMINATION: If no termination date is given above, this Agreement shall continue unless terminated by either party with a minimum of thirty (30) days written notice to the other party at the end of 12 months. Monthly payment shall be at the above monthly rate. Any monthly payment shall accrue into the next month if notice is not provided by the Tenants at least thirty (30) days prior to vacating premises. If the lease is broken before 6 months is over the tenant will lose the deposit. PAYMENT DUE DATE: Rent shall be payable to Landlord the FIRST (1st) day of each month for which payment is due. Payment must be received by Landlords before this date. Any payment received AFTER the 5th of the month shall be deemed late and will be subject to late fees and penalties. Rent late more than fifteen (15) days shall also be deemed a material breach of this Agreement and Pay or Vacate Order will be activated. A Monthly Payment must be made in FULL. Any partial payment shall not be deemed a payment. All late fees shall apply unless a Monthly Payment is made in full. PAYMENT METHOD: Tenants shall make payments to Landlord by ZALLE deposit. Payment may NOT be mailed. If, at any time, Landlord accepts an alternative method of payment, that shall not modify or negate Tenants' requirement to make payment as per this paragraph. FORM OF PAYMENT: Tenants shall tender cash, money order or cashier's check. No personal checks will be accepted. In the event payment is made by deposit of a personal check, payment shall not be considered received until the check has actually CLEARED in Landlord's bank account. Late fees and penalties shall apply if any check does not clear by payment due date. LATE FEES: All Late Fees shall accrue and shall be applied to that month's Monthly Payment. The following late fees shall apply to any late or partial payment: Tenant shall pay a late fee of _$ 50.00_ if rent is late after 5th day to the 10th day of the month. Tenant shall pay a late fee of _$ 100.00_ from the 11th day to the 14th day of the month. FIFTTEEN (15) Days: If rent is not paid by the 15th day of the month, the landlord(s) can provide notice to tenant(s) to vacate the property and pay all the late fees due for the month. Tenant(s) shall be charged _$ 100.00_ if landlord has to serve a 3-Day notice to vacate the property. The late fee shall continue to accrue until the Monthly Payment AND all previously accrued late fees are paid in FULL. For clarification, late fees continue to accrue daily until all monthly payments AND any fees are paid in full and Tenants' account is current. BOUNCED CHECK: Landlord shall charge a fee of fifty dollars ($50) for every bounced check. This fee is in addition to any bank fees incurred by Landlord from Landlord's bank which Landlord shall apply to Tenants' account. Bounced checks shall also be considered a late payment (if full payment is not otherwise received by the due date) and subject to all applicable late fees. BREACH PRIOR TO OCCUPANCY: If Tenants breach this Agreement prior to occupancy, Tenants understand that Landlord has been economically harmed by removing the property from the market. Landlord is entitled to retain the security deposit and first month's rent as liquidated damages. UTILITIES: Tenants shall be responsible for ALL utilities except: HOA Fees, Taxes and Lawn Treatment with fertilizer. Tenant(s) shall be responsible for the payment of utilities such as water, electricity, gas, internet, TV subscriptions, trash and sewer. Utilities may only be used for common and reasonable household purposes only. Landlord shall not be liable for interruptions in utility services provided by third party entities. SECURITY DEPOSIT: Security deposit shall be utilized for repairs to damages and/or cleaning the premises AFTER Tenants vacate. Security deposit shall NOT be applied to rent, late fees, repair to damages during occupancy or any other fee or cost authorized by this Agreement under any circumstance. After vacating the premises, Landlord shall provide tenant with an itemization of deductions and any remainder of the security deposit within sixty (60) days of Tenant vacating the premises. RELEASE OF TENANTS: Tenants shall not be release from this Agreement for any reason, including but not limited to, school withdrawal or transfer, business, or change, termination, or transfer of employment. Only upon written, signed agreement by the Landlords shall Tenants be released. Upon the presentation of official, certified orders of military deployment with thirty-days (30) notice, Landlord shall agree to release such military personnel from this Agreement. Such military release shall NOT affect any other signatory to this Agreement and the remaining Tenants shall by jointly and severally liable under the terms hereof. ORAL AGREEMENTS AND OFFSETS: No oral agreements have been made. Nor shall any oral agreement be binding upon the parties. Any modification or addendum must be made in writing and signed by the obligated party. All repair requests must be made in writing to be binding or enforceable upon Landlord regardless of any oral acceptance of such request. Tenants may NOT withhold or offset rent under any circumstance except as provided by law. CONDITION OF PREMISES: The Tenants accept the premises as being in good order and repair, reasonable cleanliness included, unless otherwise indicated on a Damage and Cleaning Evaluation sheet, a copy of which must be submitted to Landlord within three (3) days of occupancy to be valid. Any condition not reported according to this paragraph shall be deemed accepted by Tenants. Tenants shall return possession of premises to Landlord in the same condition as received, reasonable cleanliness included, reasonable wear and tear excepted. Repair of any damage beyond reasonable wear and tear shall be deducted from the security deposit. A minimum of $400.00 shall be deducted from the security deposit for carpet cleaning. ABANDONMENT: Tenants will be assumed to have abandoned the premises if Tenants do not pay rent within fifteen (15) days of due date and Tenants cannot be located by Landlord, or if Tenants do not pay rent by its due date and Tenants have removed property from the premises. In the event of abandonment, Landlord shall retake the premises and any property as per this Agreement. PERSONAL BELONGINGS: Upon vacating the premises or abandonment, Tenants shall remove ALL personal belongings, furniture, and equipment. In the event any personal items are left after the vacancy or abandonment, Landlord shall be immediately economically harmed and incur financial damages and all such items shall be deemed to be abandoned by the tenants and tenants relinquish all rights and ownership to such items. Landlord shall have sole and exclusive authority to remove such items and deduct any cost of removal against Tenants' security deposit. LIVING STANDARDS: Tenants agree to use the premises as a single-family residence and NOT to use the premises for any illegal or disreputable conduct. Tenants shall comply with all city, county, state and federal laws, ordinances, and zoning. Tenants shall not store or permit on the premises any illegal firearms, weapons, explosives, drugs, or the like. Such non-permitted conduct shall be cause for immediate termination and notification of the proper authorities. Landlord shall be entitled to recover at law or equity from Tenants any damages resultant from such conduct, including but not limited to decontamination and/or complete replacement costs of the premises for hazardous chemical use, manufacture, or the like. Any violation of this paragraph shall be deemed a material breach of this Agreement. PETS: Pets are not permitted on the premises without the express, written authorization of Landlord by way of Landlord's Pet Addendum. VEHICLES: Any vehicle stored or parked on the premises must be operable, currently licensed and owned or leased in the name of an authorized Tenant under this Agreement. Parking must conform to all city ordinances. No self-propelled recreational vehicle shall be kept on the premises without the express, written authorization of the Landlord. No trailer can be parked on the premises as prescribed by the HOA. Lawn Care: It is the responsibility of the tenant(s) to mow and irrigate the lawns (front and backyard) during the period of the year when they are needed. The landlord will provide fertilizer to the tenant(s) or fertilize the lawn when the need arises. It is the responsibility of the tenant(s) to take proper care of the lawn. APPLIANCES: Although appliances, including but not limited to refrigerator, dishwasher and microwave, MAY be found in the premises, the use of these appliances is NOT included under this Agreement. Tenants assume all responsibility for care and maintenance. Any damage to any existing appliance shall be deducted from the security deposit and recoverable at law. In the event any appliance ceases to function due to no fault of the Tenants, Landlord may, but is NOT required to, replace such appliance. SMOKING: Smoking is not permitted in the premises without written authorization from Landlord. Tenants are responsible for any remediation due to damage, including odor, from smoking. NOTIFICATION OF SERIOUS PROBLEM: Tenants agree to immediately notify Landlord of any serious building problem such as, by way of example, crack in foundation, water leakage or termite damage. Tenants assume responsibility for aggravating the problem if not reported. Tenants shall be responsible for repairs and costs of repairs for all damages to the premises aggravated by a failure to report the causing damage. MINOR PROBLEMS: Tenants assume responsibility for minor problems such as, by way of example, a clogged drain or loose fixtures. Tenants shall immediately attempt to rectify the problem and notify the Landlord in the event the problem remains unresolved despite Tenants' best efforts. Tenants shall be responsible for repairing and costs of repairs for all damages due to Tenants' use or misuse of the premises. PROPETY MAINTENANCE AND REPAIR: Unless otherwise agreed to in writing, Tenants shall have the responsibility for maintaining the grounds surrounding the premises, including but not limited to mowing the lawn. Tenants assume all liability for damages to self or others caused by natural elements or the failure to remove snow, ice, other debris or obstructions from the grounds and premises, including but not limited to sidewalks, public or private, porches, walkways, driveways, decks, patios, or other areas. Notwithstanding, Tenants shall immediately notify Landlord of any damage or need for repairs with the understanding that failure to notify Landlord may result in additional damage which shall be the burden of the Tenants. TRASH: Tenants assume all responsibility for disposal of household trash by depositing in receptacle or hauling to valid dumpsite. Tenants shall not allow trash to accumulate on the premises. IMPROVEMENTS: Tenants shall not make any improvement or addition to the property without the express, prior, written approval of the Landlord. Any addition or improvement to the premises shall be deemed part of the property and owned by the Landlord. Tenants shall not remove, damage, or destroy any improvement or addition. Landlord shall not be responsible for the costs of any improvement without the express, prior written consent of Landlord. Tenants shall be liable to Landlord for the costs of repairing or replacing any improvement or addition to the premises. LOCKS: Tenants shall NOT change or alter any door lock on the premises in any way. Doing so shall be cause for immediate termination of this Agreement and the filing of eviction proceedings and the accrual of fees. Keys: $50 per key will be charged to provide an additional or replacement keys to premises. BUSINESS USE: The premises shall NOT be used for any business purpose. PEACE AND QUIET: Tenants agree to permit the quiet enjoyment of the premises for their own use and their neighbors. Continued violation shall be cause for immediate termination. RIGHT OF ENTRY: Except in cases of emergency that threatens life or property, the Landlord may enter the property only with the consent of the Tenants or twenty-four (24) hours written notice or when Tenants are present in the premises to inspect or make repairs. Notice may be given by posting notice in conspicuous location on the premises, a phone call or message, or email as listed on Tenants' Application. Landlord shall knock and announce arrival prior to inspection or make repairs. ASSIGNABILITY: Landlord shall have the right to assign this Agreement. Tenants shall not have the right to assign or sublet this Agreement under any circumstance. Any attempted assignment or sublease shall be null and void. Tenants shall be deemed in breach of the Agreement and shall always remain liable for the terms of this Agreement. CONTINUATION OF TENANCY: This Agreement may be or become subject to an existing mortgage or other financing of record or be subject to foreclosure, assignment, or transfer. Tenants agree to become tenants of new landlord by assignment, acquisition, foreclosure, or any other transfer according to the terms of this Agreement. CONDEMNATION: In the event of any governmental condemnation for any reason, Landlord shall not be liable to Tenants for any damages including alternate housing, damage to or replace of personal property and any other inconsequential damage. INSURANCE: Landlord has obtained only dwelling and certain liability insurance coverage. This coverage does NOT include any personal belongings of Tenants. Tenants are required to obtain renter's insurance upon signing the agreement. Tenants shall be liable for any fire or casualty caused by Tenants' own action, inaction, neglect, or negligence, including but not limited to payment for the repairs of all damages and continued rent. HOLD HARMLESS: Landlord shall not be liable for any damage to property of Tenants or others located on the premises, nor for the loss of any damage to the property of Tenants by theft or otherwise. Except in cases of gross negligence or willful misconduct, Landlord, its officers, directors, owners, agents and employees shall not be liable for injury or damage to Tenants or other persons or property resulting from fire, explosion, smoke, falling plaster, steam, gas, electricity, water, rain, snow, ice, acts of God, unlawful entry or theft, leaks from any part of the premises, any pipes, appliances, from the roof, street or subsurface, any structural design or defect in the premises, appurtenant structures or land whether known or unknown, contamination or toxins in or around the premises or grounds whether known or unknown, or from any other cause whatsoever. Tenants agree to indemnify and hold Landlord harmless from any claim or loss or damage relating thereto, in this respect the indemnification shall include all costs and attorney's fees expended by Landlord in defending against such claim or loss. DEFAULT AND ENFORCEMENT: In the event Tenants default in the fulfillment of any provision of this Agreement, Landlord may terminate this Agreement. In the event that Tenants default in the payment of rent or in the making of any other payment due hereunder, if the premises have been abandoned or vacated, or if Tenants shall file a voluntary petition in bankruptcy, Tenants shall be in default under the terms of this Agreement and Landlord, in addition to other rights or remedies Landlord may have at law, in equity, or pursuant to this Agreement, shall have the immediate right to re-enter and remove all persons and property from the premises, and such property may be removed and stored in a public warehouse or elsewhere at the cost of an account of Tenants, all without service or notice or resort to legal process, and without being deemed guilty of trespass or becoming liable for the loss of damage occasioned thereby. Furthermore, in the event of default, all payment or rent set forth herein shall accelerate and become immediately due and payable. Should Landlord at any time terminate this Agreement for any breach, in addition to any other remedies it may have, it may recover from the Tenants all damages it may incur by reason of such breach, including the costs of recovering the premises, reasonable attorney's fees, and the rent reserved and accelerated under the Agreement. EVICTION: In the event Landlord must proceed to evict the Tenants for cause, including but not limited to failure to pay rent within fifteen (15) days of due date, Landlord shall be entitled to an eviction fee of five hundred dollars ($500) in addition to any court costs or legal fees, rent or late fees owing, damage in excess of security deposit and any other cost or damage related to eviction of Tenants. Landlord shall be entitled to pursue all courses of remedy at law or equity to recover damages from Tenants. HOLD OVER DURING EVICTION: Any Tenant remaining after a Pay or Vacate order is considered a "hold over" and shall be liable for continued rent payment as well as eviction fees according to this Agreement. HOLD OVER: Any holding over by any or all Tenants, with the consent of the Landlord, shall be construed as a month-to-month tenancy in accordance with the terms of this Agreement. VACATING: At the expiration of this Agreement, Tenants hereby agree to vacate the premises in the same condition it was upon delivery of possession, reasonable wear and tear excepted. Tenants shall be responsible for cleaning the premises completely and professionally. Tenants shall repair all damage. Tenants' obligations here under shall survive the expiration of the termination of this Agreement. Any personal belongs remaining in premises after vacating shall be deemed to be abandoned. ATTORNEY'S FEES: Tenants shall be liable for all costs and fees, including attorney's fees, to enforce this Agreement in any way. SHOWING OF PREMISES: Landlord may show the premises by giving Tenants written 24-hour notice by posting or message on voicemail or email. Tenant may be held responsible for any "unforeseen" vacancy due to any inability of Landlord to show premises based on Tenant's actions or inactions. MOVE-OUT SURVEY: The Landlord(s) will conduct a move-out survey prior to the day the tenant(s) move out of the property. The presence of the tenants is NOT mandatory. The general assessment of the property will be made available to the tenants. ADDENDUM: Any written addendum signed by all parties shall hereby be incorporated herein and binding upon both parties. NOTICE: All notice to Landlord shall be made by: Via Email or Mailed SEVERABILITY: Any determination of the invalidity of one section of this Agreement shall not affect the validity of any other section. NON-WAIVER: Should Landlord waive any right or fail to enforce any term (including but not limited to accepting rent or partial rent) of this Agreement, it shall not be construed as a waiver of any other term. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties and no oral agreement shall be binding upon the parties. REMEDIES: Landlord retains all rights in law and equity for breach of this Agreement.
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