Residential Lease/rental Agreement Form Page 5

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Shall not create a nuisance on the Apartment or Property, and shall not disturb the other residents of the Apartment (the “Suitemates”) with
excessive noise (loud televisions, stereos, voices, etc.) or otherwise;
Shall comply with all Landlord’s rules, regulations and instructions (including posted signs and those specified in this Lease or within the
community handbook), and all laws, statutes, ordinances, and requirements of all city, county, state, and federal authorities. Landlord may
periodically modify the rules and regulations of the Property by delivering a copy of the modifications to Tenant and posting the rules and
regulations at the Property;
Shall notify Landlord in writing of any dangerous condition, deterioration or damage to the Apartment and Property (including Common Area
Amenities) so that Landlord may make necessary repairs; and
Shall be responsible for damage to the Apartment and Property caused by the action or inaction of Tenant and Tenant’s Associated Parties. Tenant
agrees to indemnify, defend (with counsel of Landlord’s choice), and hold Landlord harmless for any liability, costs (including reasonable
attorneys’ fees), or claims resulting from Tenant’s breach of this Lease or the negligence, violation of law, or willful misconduct of Tenant or
Tenant’s Associated Parties.
9.
CONSTRUCTION. If specified above in Section 7 of the Variable Lease Terms, construction may be ongoing at the Property. Tenant acknowledges that
there may be inconveniences associated with such construction, and Tenant agrees that the Rent specified in Section 5 of the Variable Lease Terms section is fair
and reasonable while construction is ongoing. Tenant agrees that any inconvenience caused by ongoing construction will not entitle Tenant to any offset rights or be
the basis for a complaint against Landlord for rent relief, or any other claim, right, or remedy against Landlord, including constructive eviction. Although an
estimated completion date may be specified, Landlord does not guarantee such construction completion date. Landlord will require the construction to be done in a
commercially workmanlike and reasonable manner, and the general hours of construction will be specified in the Variable Lease Terms section.
10.
CONTINUING LIABILITY. If Tenant vacates the Premises, or this Lease is terminated, Tenant will not be relieved of any obligation under this Lease to
pay or reimburse sums to Landlord, or to indemnify or hold harmless or defend Landlord from any loss or claim, unless Landlord specifically agrees otherwise in
writing.
11.
CRIME FREE COMMUNITY. Tenant and Tenant’s Associated Parties:
Shall not engage in criminal activity on or near the Premises or the Property; or
Shall not permit the Premises or the Property to be used for or in connection with criminal activity; or
Shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance as defined in V
. C
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. § 54.1-
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3400 , et seq., at any locations, whether on or near the Premises, the Property or otherwise.
“Criminal activity” is any activity in violation of laws, ordinances and requirements of city, county, state and federal authorities, including: prostitution (as defined in
V
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A
. § 18.2-346); criminal street gang activity, (as defined in V
. C
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. § 18.2-46.1 – 46.3); assault and battery, (as defined in V
. C
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. §
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18.2-57); burglary, (as defined in V
. C
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. § 18.2-89); the unlawful use and discharge of firearms, (as defined in V
. C
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. § 18.2-279 et seq.); sexual
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offenses, (as defined in V
. C
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. § 18.2-362 et seq. and § 18.2-344 et seq.), drug-related criminal activity, or any other action that jeopardizes the health,
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safety and welfare of Landlord or the other residents of the Property. “Drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or
possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. § 802]).
Tenant’s or Tenant’s Associates Parties’ violation of any of the provisions above shall be a material and non-curable breach of this Lease and good cause for
immediate termination of Tenant’s tenancy of the Premises.
12.
DAMAGE TO PREMISES. If the Premises is damaged or destroyed by fire, earthquake, accident or other casualty (by no fault of Tenant) that renders the
Premises uninhabitable as determined by the applicable governing authority or, if a governing authority is not applicable, by Landlord, either party may terminate
this Lease by giving the other party written notice. If this Lease is not terminated, Landlord shall promptly repair any such damage, and Rent will be reduced based
on the extent to which the damage interferes with Tenant’s use of the Premises (unless Landlord provides Tenant with an alternate apartment). If Tenant or Tenant’s
Associated Parties cause the above-referenced damage, then there shall be no reduction in Rent, and only Landlord, in its sole discretion, shall have the right to
terminate this Lease.
13.
DELAY IN POSSESSION. If, for any reason, Landlord fails to deliver possession of the Premises to Tenant on or before the Commencement Date for any
reason,except if such failure is willful, such failure shall not constitute a violation of this Lease and Landlord will not be liable for the delay, nor shall such failure
affect this Lease’s validity or extend the term of this Lease. The parties hereby agree that Tenant shall not be obligated to pay Rent or perform any other obligation
under the Lease (other than pay the amounts due and owing as specified in Section 5 of the Variable Lease Terms section) until Landlord tenders possession of the
Premises to Tenant. If Landlord has not tendered possession of the Premises to Tenant within three (3) days of the Commencement Date, Tenant may cancel this
Lease upon written notice to Landlord any time before Landlord tenders possession of the Premises to Tenant, and any payments made under this Lease will be
refunded to Tenant.
14.
DISABILITIES REASONABLE ACCOMMODATION. Notwithstanding any other provision under this Lease, Landlord agrees (1) to allow Tenant
(with appropriate verification from Tenant’s health care provider) to request reasonable accessibility modifications to the Premises as required by law for people with
disabilities; and (2) to provide reasonable accommodations (upon request and with appropriate verification from Tenant’s health care provider) as required by law to
people with disabilities, including, but not limited to (a) making changes to rules, policies or procedures, and (b) allowing service animals.
15.
EARLY TERMINATION OPTION. If so indicated in Section 2 of the Variable Lease Terms section, Tenant has the option of terminating this Lease
prior to the Termination Date specified in Section 2 of the Variable Lease Terms section (“Early Termination Option”). To exercise the Early Termination Option,
Tenant must deliver to Landlord (1) a written notice stating that Tenant has elected to exercise the Early Termination Option and identifying the date of such early
termination (“Early Termination Date”), and (2) all Rent and additional Rent due through the Early Termination Date. When Landlord acknowledges receiving the
written notice and payment from Tenant, the Termination Date of this Lease shall be deemed amended to be the Early Termination Date. The Early Termination
Date must be a date within the parameters described in Section 2 of the Variable Lease Terms section of this Lease. The Early Termination Option may be exercised
only if Tenant is not in default under the Lease at the time that Tenant gives notice of the exercise of the Early Termination Option. All remaining Lease terms will
remain in full force and effect.
If Tenant provides the notice unaccompanied by the required payments, the Early Termination Date will not be changed, and any such written notice from Tenant
shall be deemed null and void.
Agent’s Initials ______
Tenant’s Initials ______ ______
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