forwarding address is provided by a Tenant, Landlord shall use
the leased premises as the last known address.
10. MOVE-IN CONDITION. Landlord shall provide the first
Tenant to take possession of the premises with a “Move –In /
Move – Out Condition Report” form. That Tenant shall complete
the form and return it to Landlord within five days. Unless
Landlord objects within five days of his receipt of the completed
form, the report shall be deemed conclusive evidence that the
premises are as described in the report. Landlord shall deliver the
premises and all common areas to the Tenant in a clean, safe,
and habitable condition, free of rodent and insect pests, free of
visible mold, and it with all smoke detectors, utilities, and
appliances in proper working condition.
11. DELIVERY OF POSSESSION. Landlord shall be ready to
deliver possession of the premises to Tenant at the start date of
the tenancy. Landlord shall be responsible for having hold-over
tenants evicted.
If the Landlord fails to make the premises available in a fully
habitable condition on the agreed date of the start of the
tenancy, rent shall abate until delivery is completed, with all
repairs identified in the move-in inspection report completed. If
such failure to deliver possession is willful, then Tenant may, in
accordance with §55-248.22, terminate the rental agreement with
at least five days’ written notice to the Landlord and the Landlord
shall return all prepaid rent and security deposits upon
termination OR demand performance by the Landlord.
If Landlord fails to deliver possession and such failure is not
willful, Landlord shall have ten days to remedy the situation and
deliver possession. Rent shall abate until Landlord delivers
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