Residential Lease Agreement Page 9

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38. NO NOTICE BEFORE EVICTION OR TERMINATION: PENNSYLVANIA LAW PROVIDES UNDER THE LANDLORD
AND TENANT ACT OF 1951, 68 Pa.C.S.A. §250.501 THAT A LANDLORD MUST GIVE NOTICE TO A TENANT BEFORE
EVICTING TENANT. TENANT GIVES UP RIGHT TO NOTICE BEFORE EVICTION.
TENANT ALSO GIVES UP ANY OTHER RIGHTS UNDER THE LAW FOR NOTICE UPON END OF THE LEASE OR A
TERM.
39. SECURITY: TENANT gives to LANDLORD a security interest in all furniture, equipment and goods brought upon the property.
IF TENANT BREACHES THE LEASE, LANDLORD may:
a)
TAKE and HOLD these goods;
b)
Place a LIEN upon these goods; and,
c)
SELL the goods at pubic or private sale.
LANDLORD may then use the proceeds as payment for any money due LANDLORD by TENANT.
The LEIN will follow the goods until the end of the LEASE, wherever the goods may be removed to. TENANT ALLOWS
LANDLORD to sign any document on the TENANT’S behalf required to perfect this security interest as the law requires.
40. LEGAL FEES AND EXPENSES: If LANDLORD brings a legal action against TENANT for breach of this LEASE, TENANT must
pay LANDLORD’s attorney and/or legal fees and expenses. TENANT must also pay a reasonable charge for the time of LANDLORD
or its personnel.
If LANDLORD receives the discounted rent payment late, LANDLORD may accept it and still demand the remaining portion. If
LANDLORD sues to collect the discounted part or any part of the rent, TENANT agrees to pay all court costs and attorney’s fees of
LANDLORD. LANDLORD’s attorney may charge a percentage of the amount collected. TENANT agrees to pay the additional fee.
Furthermore, if TENANT sues LANDLORD and such suit is not authorized under this LEASE, TENANT must pay all legal and other
defense costs of LANDLORD.
41. SMALL CLAIMS: LANDLORD OR TENANT may only bring disputes or claims among the parties before a District Justice, and
then the dispute must be submitted to the American Arbitration Association (AAA).
42. ARBITRATION: A decision of the AAA will be final and binding on the LANDLORD and TENANT.
Before either LANDLORD or TENANT submit any dispute to arbitration, LANDLORD or TENANT must notify the other partying
writing. The notice must:
a)
describe the problem
b)
give the date the problem arose; and
state any actual “out of pocket” loss resulting from the problem
c)
The party notified has ten (10) days to respond to the problem. In that time, the party notified may pay the amount requested. If paid,
neither LANDLORD nor TENANT may bring a legal action, except for possession of the property.
Except where otherwise specified in this lease, neither party shall have any claim against the other for:
a)
more than the out of pocket monetary loss for any claim or matter;
b)
punitive (punishment) damages
c)
consequential or incidental damages (damages not directly caused by a breach of the lease); or
d)
damages for emotional (nonphysical) harm
43. DISPUTE OVER CHARGES: LANDLORD may do work which is the responsibility of TENANT and charge TENANT. If
TENANT denies responsibility for the work, TENANT should first pay the charge and may then make a claim for a refund.
Landlord Initials__________
Tenant Initials__________ __________ __________ __________
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