11. POSSESSION: If Owner is unable to deliver possession of
premises as agreed Tenant shall not be liable for rent until
possession is delivered and Tenant shall have the right to
terminate this agreement without penalty.
Owner shall be liable
for all actual damages caused by the failure to deliver
possession as agreed and shall immediately repay to Tenant all
prepaid rent and deposits.
12. DEPOSITS: The security deposit agreed upon shall secure
performance of Tenant's obligations.
Owner may apply part or all
of the deposit to Tenant's obligations after vacating provided
Owner provides Tenant with prior written notice.
Tenant shall
provide Owner with a new address at time of vacating. Any
refundable deposit shall be delivered or mailed to Tenant at the
new address within 30 days of termination of tenancy or 15 days
after receipt of Tenant's new mailing address, whichever is
later.
13. WAIVER: Acceptance by Owner of partial rent payments
shall not be a waiver of Owner's right to the full amount of rent
in future months.
Other provisions which are not reasonably
enforced shall be deemed waived.
14. NOTICES: All notices shall be given in accordance with
local ordinance and state law. Where requirements are not express
in the law, notice shall be made by certified mail to the
premises or any other place designated by Tenant.
15. HOLD OVER: If Tenant remains in leased premises
following the termination of this agreement and Owner accepts
Tenant's rent for that month, this tenancy shall continue as a
month-to-month tenancy with the terms of this agreement in
effect.
16. REIMBURSEMENT BY TENANT: Tenant agrees to reimburse
Owner for any damages caused by Tenant's negligent or intentional
acts or those of Tenant's guests or invitees.
Tenant shall not
be responsible for the acts of vandals or uninvited guests.
Reimbursement is due and payable within 30 days of written
notice.
Failure to demand reimbursement within 30 days of
knowledge of such costs shall be deemed a waiver of this
provision and Owner may not thereafter demand payment.
17. REPAIRS AND MALFUNCTIONS: Owner shall commence repair of
conditions posing a threat to safety or health of Tenant no later
than 24 hours after notice is given by Tenant to Owner or Owner's
agent.
Owner shall complete repairs within the time periods
noted below and within a reasonable time for conditions not
specified:
Inoperable toilet............................24 hours
3