LEASE AGREEMENT
SUMMARY OF TERMS
Date of Lease: ________________________________
Apartment Community: University Courtyard Apartments
Apartment Community Address: 91 Wick Oval, Youngstown, OH 44502
University: Youngstown State University
Landlord: Youngstown State University , by its agent, Rise Residential, LLC
Landlord’s Address: One University Plaza, Youngstown, OH 44555
Resident: ____________________________________________________
Resident’s permanent address:____________________________________
Premises: Apartment #:_______ Bedroom #:___Type of Apartment: Studio BR BA
Furnished/Unfurnished: F
Lease Term: _________ at noon, through _________ at noon.
Total Rent For Term: $_________________. All rent must be paid in full by the first payment due date established by the University unless Resident had enrolled in the University’s optional payment plan through the University Bursar’s Office. Late Fee Assessment Date: ____________YSU Late Fee Policy Applies _______ day of each month.
SECURITY DEPOSIT:
Amount: $______________
Institution: BNC Bank
Address of Institution: Youngstown, OH
FEES :
Late Fee: $ Please follow YSU policy
NSF Fee: $ Please follow YSU policy
Reservation Fee: $ N/A
Application Fee: $ N/A
Assignment/Subletting Fee: $ 100.00
ADDENDUMS ATTACHED TO THIS LEASE (indicate all that apply):
Addendum A – State Specific Provisions
Addendum B – Network Access Policy
Addendum C – Bed Bug Addendum
Exhibit A – Resident Handbook
Exhibit B – Additional Rules and Regulations (Property Specific)
THIS LEASE AGREEMENT (the “Lease”) is made and entered into the date set forth on the Summary of Terms attached hereto (“SOT”) by and between the Landlord named in the SOT, by its agent, Rise Residential, LLC (collectively, the “Landlord”) and the Resident named in the SOT (“Resident”). Terms not otherwise defined herein shall have the meaning opposite such term on the SOT. If Resident is not 18 years old at the time of Lease execution, then a parent or guardian must also sign this Lease and all applicable documents or the Lease is invalid.
- Premises. Landlord hereby leases to Resident the premises described in the SOT (the “Premises”). It is contemplated that the bedroom to be leased to Resident is in the apartment named in the SOT (the “Apartment”); however, Landlord reserves the right to substitute another bedroom in the same Apartment or a different apartment; the substituted bedroom will thereafter be the “Premises” and, if the bedroom is in a different apartment, then such apartment will thereafter be the “Apartment.” It is understood that the Premises consists of the use and occupancy of one of the bedroom and bathroom areas, and, in cases of 2- bedroom, 3-bedroom apartments, and 4-bedroom apartments, the shared use and occupancy of the kitchen, hallway(s), living room, eating area and deck/patio with the other residents in the Apartment. Under no circumstances may the kitchen, living room, eating area, hallway(s) or deck/patio be used as sleeping quarters. The Premises is leased furnished or unfurnished as indicated in the SOT and includes the interior of the Apartment only.
- Term. The initial term of this Lease (the “Lease Term”) shall be for the period set forth in the SOT, commencing at the hour and date shown in the SOT (the “Commencement Date”) and ending at the hour and date shown in the SOT. Landlord shall exercise a good faith effort to deliver possession of the Premises to the Resident on the Commencement Date. In the event Landlord does not deliver possession of the Premises or otherwise make available alternative premises to Resident on the Commencement Date, but Landlord delivers possession within thirty (30) days after the Commencement Date, then Rent shall be abated on a daily basis during the period of delay. Landlord shall not be liable to Resident for any losses or damages related to such failure to deliver timely possession. If Landlord cannot deliver the Premises by the first date of the Lease Term because another resident holds over, or for any other reason, Landlord shall not be liable to Resident for damages, but Resident will not be required to pay any Rent until the Premises are available. If Landlord is not able to deliver possession to Resident within thirty
(30) days after the first day of the Lease Term, Resident may cancel this Lease by written notice without any further obligation, and the Security Deposit will be refunded.
- Rent. All fees for housing (“Rent”) during the Lease Term will appear on will appear on the Resident’s University student account. It is the responsibility of Resident to check the balance on the student account and be aware of payment due dates as established by the University. Resident shall pay Landlord the Rent without demand, abatement or set-off. Resident acknowledges that the full amount of the Rent stated in the SOT is due even though the Lease Term stated in the SOT may not encompass a full 365 days. Any amounts that shall become due and payable from Resident under the terms of this Lease shall hereinafter be referred to as “Additional Rent,” and such amounts shall be treated as an obligation equal to the Rent. Resident hereby waives all notice of Rent due and acknowledges that Landlord may take any legal measures necessary to collect Rent or repossess the Premises on the day that Rent becomes delinquent or any day thereafter without any delinquent notice from Landlord to Resident. Nothing contained herein shall require Landlord to accept any late Rent payment.
- Move-In/Move-Out Procedure. Immediately prior to Resident taking possession of the Premises, Resident shall conduct an inspection of the Premises and shall note on an inspection report provided by Landlord (the “Inspection Report”) any conditions which are unacceptable to Resident and which Landlord agrees to correct, repair or otherwise remedy, and any other conditions observed, whether or not Landlord agrees to repair or remedy same. Upon Resident’s surrender of the Premises at the termination of the Lease, Resident and Landlord shall jointly inspect the Premises and note in the space provided on Landlord’s copy of the Inspection Report the condition of Premises, including all appliances, furnishings and fixtures therein, and any damage done thereto which is deemed by Landlord to have arisen during Resident’s occupancy and use of the Premises. Resident shall surrender possession of the Premises in a clean and sanitary condition, including but not limited to, all appliances and the kitchen, living/dining, bedroom and bath areas. Resident’s failure to follow the prescribed move-out procedures and to return all keys to Landlord may result in the partial or full forfeiture of the Security Deposit paid hereunder, but in no event shall such forfeiture be construed as liquidated damages. If all keys issued to Resident are not returned to Landlord, Resident shall pay all costs associated with re-keying the Premises.
- Security Deposit. See Addendum A attached hereto and incorporated hereby.
- Use and Occupancy. The Premises shall be occupied only by the individual person listed as “Resident” in the SOT and by no additional person or other person. Resident shall not sublet the Premises, assign this Lease or change roommates without prior written consent of Landlord. Resident shall not abandon or vacate the Premises. The Premises shall be used for residential purposes only. In no event shall the Premises be used in any of the following manners or for any of the following purposes: (a) any illegal usage in violation of any laws, codes or ordinances, (b) any manner which creates or permits a nuisance or trespass, (c) any manner which violates or increases the rate of insurance on the Apartment Community, (d) any manner which produces, reproduces or transmits sounds which are audible outside the Premises, (e) any manner which emits an odor outside the Premises, or, (f) any hazardous or wasteful activity. Resident shall not in the Premises, or anywhere in the Apartment Community, engage in or permit any drug-related criminal activity, or engage in or permit any activity that endangers the health or safety of other residents or engage in or permit any activity that is, in Landlord's sole judgment, otherwise injurious to the Apartment Community or its reputation. Instances of such conduct shall include, but not be limited to, Resident's permitting any co-resident, occupant, member of Resident's household or family, guest(s), invitee(s), or other person(s) Resident permits to occupy or use the Premises, to use, manufacture, purchase, sell, or otherwise distribute illegal drugs or illegal drug-related paraphernalia in or about the Premises. The restrictions contained hereunder are material obligations under the Lease. For purposes of this Section, Landlord's receipt of complaints from other residents or employees shall be evidence that Resident has violated the foregoing restrictions and Landlord may, in its sole discretion, terminate this Lease as provided in Section 15 herein. Resident acknowledges and agrees that Landlord may from time to time during the Lease Term review Resident’s criminal background, and Resident hereby consent to same. Conviction of a crime may not necessarily render the Resident ineligible for housing, but the nature of the charges, circumstances and/or time of the occurrence will be considered. Certain types of felonies, including violent crimes drug related crimes may disqualify Resident from housing, or may subject Resident to interim suspension from housing until such time as the matter is adjudicated. Upon a plea of guilty, a finding of guilty by a referee, jury or court for any such offense, this Lease shall be subject to review and/or termination by the Landlord, pursuant to the terms herein.
Except for repairs necessary from Resident's occupancy because of normal wear and tear, Resident agrees to leave the Premises in the same or better condition upon vacating the Premises. Resident shall not make any alterations in or improvements to, or paint, wallpaper, drill holes in, install antenna or phone outlets in, or deface or otherwise alter the Premises, or any walls, fixtures, appliances or equipment owned by Landlord in the Premises or Apartment Community. Resident will be held liable for damages or injuries caused by any alterations made to the Premises without Landlord's approval. The damages may be assessed to Resident at the cost to return the property to its original state.
Resident shall not place in the Premises any items which have not been specifically approved by Landlord. Resident is not permitted to install, maintain or replace existing fixtures in the Premises without written permission from Landlord. Resident shall not remove any of Landlord's fixtures, appliances, or equipment from the Premises for any reason. Landlord shall initially furnish working light bulbs for Premises sockets; thereafter, Resident shall replace light bulbs at Resident's expense.
If applicable, the balcony constructed adjacent to the Premises is designed and constructed for normal occupancy and use. Resident shall not cause or allow more than eight persons on the balcony at any one time. Resident shall not maintain or store any items or personal property on the deck/patio/balcony, other than furniture intended for outdoor use.
- Immunization. Resident must submit to Landlord any information regarding immunizations required by the State of Ohio or University policy upon request.
- Pets. Pets are not permitted in the Apartment Community. Assistance animals are permitted for those individuals with a disability-related need for such animals.
- Common Areas. Landlord hereby grants to Resident a non-exclusive license to use all driveways, walkways, hallways, landscaped areas, and other common areas of the Apartment Community (the “Common Areas”); such usage to be in common with the usage by Resident and other residents in the Apartment Community and their respective guests, invitees and licensees. Landlord may impose such restrictions on the use of the Common Areas as Landlord deems appropriate. Landlord shall have the unrestricted right (including the right to temporarily interrupt utility service) to increase, reduce, eliminate, relocate or change the size, dimensions, design or location of the Common Areas or any other buildings, structures or improvements, including the Premises, in the Apartment Community from time to time in any manner whatsoever as Landlord shall deem proper. Resident shall use all Common Areas in a prudent, inoffensive and non-dangerous manner, and in compliance with the community policies. Resident acknowledges that parking in the Common Areas may be limited and that Resident is not guaranteed the right to a parking space in the Common Areas as part of this Lease. Landlord may promulgate appropriate rules and regulations to solve any parking problems that may arise. RESIDENT AGREES THAT RESIDENT WILL BE RESPONSIBLE FOR ANY DAMAGES TO ANY COMMON AREAS CAUSED BY RESIDENT OR BY GUESTS OR INVITEES OF RESIDENT. RESIDENT AND GUESTS SHALL USE RECREATIONAL FACILITIES AND COMMON AREAS AT THEIR OWN RISK.
- Resident Acceptance of Premises and Apartment Community. Resident has fully examined and inspected the Premises and the Apartment Community (including the Common Areas), and Resident has accepted same “as is” in their existing condition, without representation or warranty, express or implied, in fact or by law. In no event shall Landlord be liable for any defect in the Premises or the community or any limitation or any use thereof.
- Security and Liability. NEITHER LANDLORD NOR ITS AGENT OR EMPLOYEES MAKE ANY WARRANTIES, GUARANTIES OR REPRESENTATIONS REGARDING THE SECURITY OF THE PREMISES OR THE COMMON AREAS, AND ANY SUCH WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. Landlord shall not be liable for losses or damage to Resident's person or property arising out of or related to theft, vandalism, criminal action, fire, smoke, water, rain, hail, ice, snow, explosion, acts of God, acts of Resident, others present with Resident's consent or other residents, or any other causes other than the negligence of Landlord. Resident shall and does hereby indemnify Landlord from any liability due to loss or damage to the person or property of Resident or others present at the community with Resident’s consent from any cause other than Landlord's negligence. Landlord strongly recommends that Resident secure Resident’s own insurance to protect against all of the above occurrences. Resident acknowledges that Landlord has no insurance coverage on the personal possessions of Resident whether located at the Premises or the Common Areas. Landlord shall have no duty regarding security at the Apartment Community other than to make necessary repairs to door locks and window latches in apartments after notice from Resident as provided in Section 13. Resident has inspected all locks and latches and agrees same are safe and acceptable. Landlord shall have no duty to furnish security guards or additional locks or latches. Upon request by Resident, Landlord shall change Resident's door lock or install additional locks for a reasonable charge so long as Landlord is provided keys to said additional locks. Resident acknowledges said keys may be provided to maintenance personnel under Landlord's supervision, Landlord’s vendors or pest control companies for routine pest control services. If Landlord's employees are requested to render services not contemplated by their employment contract, such as moving vehicles or furniture, cleaning, or delivering or accepting deliveries, such employee shall be deemed the agent of Resident regardless of whether payment is arranged for such service, and Resident shall and does hereby release and indemnify Landlord for all liability regarding same. Residents are not allowed to install additional or alternate locks on bedroom doors. Changing locks is expressly prohibited.
- Damage by Resident. The Premises will be under the exclusive control of Resident, and Resident agrees to keep the Premises in a clean, sightly and sanitary condition and free of all vermin and rodents. Resident shall pay to Landlord upon demand, as Additional Rent, the amount of any loss, property damage, or cost of repairs or service incurred by Landlord that is caused intentionally, negligently, or by improper use of the Premises or the Apartment Community by Resident, his/her guests or others at the Premises or the Apartment Community with Resident's consent, including damages to the plumbing, electrical, cooling and heating systems. Resident shall be responsible for all plumbing stoppages occurring in lines exclusively serving the Premises unless such stoppage is caused by faulty design of the plumbing system or clogged lines outside the Premises. Resident shall be responsible for any damage caused by freezing water pipes, if such freezing is the result of Resident’s failure to maintain sufficient heat in the Premises. Further, Resident shall be responsible for clogged toilets. Notwithstanding anything herein to the contrary, Resident shall be solely responsible for maintenance costs for repair of doors and glass in the Premises. All repairs must be made by Landlord.
- Repairs. Resident shall promptly notify Landlord of the need for any repairs to the Premises which are necessary to maintain the Premises in rentable condition. Landlord shall, upon actual receipt by Landlord of such notification, act with reasonable diligence in making such repairs, and this Lease shall continue and the Rent shall not be abated, provided however, that Landlord may require Resident to pay any money due pursuant to Section 12 with respect to such repairs prior to making such repairs. Landlord may temporarily interrupt utility service to avoid damage to property or to perform maintenance requiring same. Resident shall be responsible for all minor repairs and shall further pay for any necessary major repair to the Premises necessitated by the negligent act, intentional act, carelessness, or misuse of the Premises by Resident or Resident's invitees or guests.
- Holding Over. See Addendum A attached hereto and incorporated hereby.
- Breach, Abandonment, Default, Forfeiture and Termination. Unless otherwise provided in Addendum A, upon Resident's failure to make any payment of Rent or Additional Rent when due, or upon Resident's breach of any other terms, covenants, agreements, rules and regulations or conditions herein contained, or if Resident abandons or vacates the Premises prior to the expiration of the Lease Term for seven (7) consecutive days, then, at its sole option, Landlord may declare this Lease terminated and forfeited upon written notice to Resident. In addition, Landlord or its Agent may peacefully re-enter and repossess the Premises, and remove and put out Resident and Resident's personal property in the manner and to the extent allowed by the law of the state in which the Apartment Community is located. Upon such re-entry and repossession by the Landlord, Resident shall be liable for all costs, fees and damages incurred by Landlord, and such re-entry shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Resident from the terms of this Lease.
It is intended that Landlord's remedies shall be as broad as permitted under the law of the state in which the Apartment Community is located and shall include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Premises; or (b) the right to accelerate the then entire unpaid balance of the Rent for the term then remaining, or, the right to standby and collect rental payments as they become due; or (c) the right to sublease and rent the Premises for the account of the Resident, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Premises, and third, to the Resident's rental obligations hereunder, with the Resident and Guarantors remaining fully responsible for any deficiency in the Rent or Additional Rent payments for the remainder of the Lease Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, nor of the Landlord's right to avail itself of any remedy allowed by the law of the state in which the Apartment Community is located. In the event of a default hereunder, in addition to any other remedies, the Landlord is entitled to employ an attorney at law to enforce Landlord's rights hereunder and all reasonable attorney’s fees and costs connected therewith shall be paid by Resident. Any Rent, Additional Rent or damages which remain unpaid after default shall bear interest at the highest rate allowable under the law of the state in which the Apartment Community is located.
Further, Landlord may terminate the tenancy of Resident for good cause upon written notice to the Resident. Good cause includes, but is not limited to, the creation or maintenance of a threat to the health and safety of the Resident or other residents of the Apartment Community (including the use of flammable liquids and/or gas grills), suspicion of criminal conduct or behavior, or possession of firearms.
Unless otherwise provided in Addendum A, Resident may terminate this Lease for Landlord’s default hereunder, provided Resident has provided written notice to Landlord specifying the default and Landlord has not cured the default within thirty (30) days after receipt of notice.
If Landlord terminates this Lease for Resident’s default or for good cause, Resident will forfeit the Reservation Fee and Security Deposit.
- Assignment or Subletting. Resident shall not be entitled to assign or sublet the Premises or any portion thereof without the express prior written consent of Landlord, and any assignment or subletting shall not constitute an invitation, nor be a waiver of Landlord's right, to grant consent for, or refuse consent to, any subsequent assignment or subletting hereunder. If Landlord consents to such assignment or subletting, Resident shall immediately pay to Landlord in consideration of such consent an “Assignment/Subletting Fee” in the amount indicated in the SOT.
- No Waiver. No failure by Landlord to timely bill Resident for any payments due hereunder or to insist upon the strict and timely performance of any term or covenant herein contained shall be deemed to be a waiver of such term or covenant, nor of any subsequent breach of the same or any other term or covenant herein contained. Any subsequent acceptance by Landlord of any Rent or any other sum due hereunder shall not be deemed to be a waiver of any preceding breach or default by Resident of any term or covenant of this Lease, regardless of Landlord's knowledge of such preceding breach at the time of acceptance by Landlord.
- Right of Entry. If Resident is present, Landlord or any agent, contractor or serviceman designated by Landlord may enter the Premises during reasonable times for any reasonable business purpose. If Resident is not present, Landlord or any such serviceman may enter the Premises by key at reasonable times for any reasonable business after 24 hours prior written notice to Resident is left at the Premises. During an emergency, a concern for health and safety, or a reasonable belief that a crime is being committed, or at any time that it is impracticable to give notice of intent to enter, Landlord or Landlord's representative may forcibly enter the Premises. Nothing contained herein shall obligate Landlord under any circumstances to enter or inspect the Premises.
- Rules and Regulations. Resident, Resident's guests and others present at the Apartment Community with Resident's consent shall strictly comply in all respects with the “Resident Handbook attached as Exhibit A and any Additional Rules and Regulations set forth on Exhibit B attached hereto, which may be modified and supplemented by Landlord from time to time during the term of this Lease. Failure by Resident, Resident’s guests and others present at the Apartment Community with Resident’s consent to observe and comply with the Resident Handbook and any Additional Rules and Regulations, as they may be modified and supplemented by Landlord from time to time, shall be a default under the terms of this Lease.
- Termination. No termination of this Lease prior to the normal expiration thereof, by lapse of time or otherwise, shall affect Landlord's right to collect Rent prior to such termination. Resident shall not vacate the Premises or exercise any right of termination arising out of any breach by Landlord of any provision of this Lease due to the condition or state or repair of the Premises or the Apartment Community. No surrender of the Premises by delivery of keys or otherwise shall operate to terminate this Lease unless and until expressly accepted in writing by Landlord.
- Release of Resident. Resident shall not be released from this Lease due to school withdrawal or transfer, business transfer, loss of job, marriage, divorce, loss of co-Residents, bad health, or for any other reason, except for special early termination rights as are available for service members by law under the Service members Civil Relief Act and applicable state law.
- Full time Student Status. Resident must possess a high school diploma or GED. Resident must be a matriculated student registered full-time during the Term. Resident who intend to take less than a full class load must complete the form “Request to Remain Below Full Time Status” per semester and continued residency must be approved by the University. If the University does not approve a part time student’s continued residency in the Apartment Community, these Lease shall terminate upon written notice. Notwithstanding the foregoing, if Resident takes possession of the Apartment in the summer months (any time after the spring semester ends) then Resident must be registered at least part-time (6 credit hours); the part-time hours can be divided over the three terms or taken in one term.
- Resident’s Obligations. It is understood that Resident will be occupying the Apartment jointly with other Residents, and Resident shall also be held liable for a pro rata share of any damages to the common area of the Premises and its furnishings, fixtures, walls, ceilings, floors, carpets, and doors unless the party solely responsible for such damages can be reasonably ascertained. Accordingly, Resident must exercise responsibility to see that the entire Apartment is maintained in good order and repair. Resident shall immediately report to Landlord and the local law enforcement authority any acts of vandalism to the Premises or the Apartment. Resident shall promptly report to Landlord any repairs that need to be made to the Premises or the Apartment.
Occupancy of the Premises is expressly reserved for Resident only. Occupancy at the Apartment Community is strictly limited to one resident per bedroom in the Apartment. Although Resident may have visitors from time to time, and any persons occupying the Premises as a guest for more than seven (7) days during the Lease Term shall be treated as guests only if Landlord is notified in writing by Resident and consents thereto. Otherwise, the occupancy of the Premises by an unauthorized guest in excess of said seven (7) day period shall be deemed a breach of this Lease, and Landlord shall be entitled to recover from the Resident and guest (whose liability shall be joint and several) an amount of rent equal to that being paid by Resident, in addition to the right of Landlord to declare the Lease in default and pursue any of Landlord’s other remedies hereunder or by law.
- Alarm Systems and Smoke Detectors. Landlord, at its sole option, may elect to install certain security devices that are not required by law. For example, each Apartment may be equipped with a switch that, when activated, will sound an alarm indicating an emergency within that particular Apartment. The installation of such an alert or alarm system shall not be construed as an undertaking or representation by Landlord that it will monitor such system or that it will provide personnel to respond when an alarm has been activated. It is further understood that the Landlord may elect to discontinue this service at any time, with or without notice to Resident. Resident agrees to comply with the security procedures and response actions set forth in the Rules and Regulations attached hereto as Exhibit A.
The Premises have been equipped with one or more smoke detectors for Resident’s protection. Resident shall be responsible for testing such detectors and providing written notice to Landlord of any problems. Further, Resident agrees not to disable or otherwise tamper with such detector.
- Relocation. Resident acknowledges and agrees that the Landlord has the right, at any time and from time to time, to assign and reassign rooms to residents in Landlord’s sole discretion, either within the same Apartment or a different apartment in the Apartment Community. In addition, Landlord reserves the right to relocate the Resident to another room in University- owned housing for reasons including, but not limited to, Americans with Disabilities Act (ADA) compliance, disciplinary reasons, catastrophe, epidemic, damages to Premises, renovation or closing of an apartment(s), consolidation of vacancies, unavailability of space, operating efficiency, unresolvable incompatibility of roommates, unpaid rental fees, facility maintenance or at the request of the Resident. If alternate accommodations are not available, the lease may be terminated by either party upon written notice to the other. Further, Landlord reserves the right to reassign other occupants of the Apartment to different accommodations. A transfer fee will be assessed if Resident is relocated and has refused a roommate mediation and has not given Landlord the ability to mitigate the dispute. A transfer fee will also be assessed (i) when Resident requests to transfer to a new room after the current lease has expired for the start of the fall semester and they do not move out as required or (ii) if Resident is granted a holdover position but is not available during the turnover process to relocate within 24 hours of being notified. Landlord, to the extent practical, will honor Resident’s requests for the sharing of a particular apartment. Upon Resident’s request for relocation, a new security deposit may be required.
- Notification by Resident of Landlord’s Breach. Resident shall, within five (5) days after occurrence, notify Landlord, in writing, of any alleged violation by Landlord of any of Landlord's obligations arising under this Lease or otherwise. Any notices or demands to Landlord, whether pursuant to this Lease or otherwise, must be in writing and must be delivered by hand delivery or Certified Mail - Return Receipt Requested to Landlord at its address indicated in the SOT. Failure of Resident to make such notification in writing within the time prescribed shall constitute a total and complete waiver of said objection and shall not be alleged by Resident as any grounds for nonperformance of any provision of this Lease in a court of law or otherwise.
- Mold and Mildew. Resident shall immediately remove any visible moisture accumulation in the Apartment, thoroughly dry any such area as soon as possible after any such accumulation, and keep the temperature and moisture in the Apartment at reasonable levels. In addition, Resident shall promptly notify Landlord of the presence of any water leak, excessive moisture or standing water in the Apartment and shall further notify Landlord of any mold or mildew growth in the Apartment and of any malfunction in any part of the heating, air conditioning or ventilation system in the Apartment. Resident further agrees not to block or cover any of the heating, ventilation or air conditioning ducts in the Apartment.
- Use of Facilities. Resident and its guests shall use all facilities that Landlord provides for Resident’s comfort, such as parking areas, swimming pools, tanning facilities, car wash, computer center, basketball court, and Common Areas solely at Resident’s and Resident’s guests’ own risk, and Resident agrees that Landlord shall not be responsible for any injury to person or loss or damage to property arising out of Resident's use thereof, unless the same is caused solely by Landlord's fault, omission, negligence or other misconduct. Use of any facilities may be revoked by the Landlord without affecting the remainder of this Lease. Only residents of the Apartment Community may use the car wash and tanning facilities, if available at the Apartment Community. Resident shall not allow, enable, or assist in any way the use of the Apartment Community’s facilities by anyone other than residents, except for Resident’s guests who are accompanied by Resident at all times. Resident shall have no more than five (5) guests at the Apartment Community at any given time.
- Photo/Video Release. Resident hereby grants the Apartment Community, Landlord, and their assigns and those acting with their authority and permission, permission to use any photograph, photographic image or video taken of Resident either while participating in events sponsored by the Apartment Community or while Resident is in any public spaces, grounds, or offices at the Apartment Community. Resident hereby grants the Apartment Community, Landlord, and their assigns and those acting with their authority and permission, the irrevocable and unrestricted right and permission to copyright, in their own name or otherwise, and use, re-use, publish, and re-publish photographic portraits, pictures or videos of Resident, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with Resident’s own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium, and in any and all media now or hereafter known for illustration, promotion, art, editorial, advertising, trade, or any other business purpose whatsoever. Resident also consents to the use of any printed matter in conjunction therewith. Resident hereby waives any right that he/she may have to inspect or approve the finished product and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied. Resident hereby releases, discharges, and agrees to hold harmless the Apartment Community, Landlord, and their assigns and those acting with their authority and permission, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. Resident does hereby release, acquit and forever discharge the Apartment Community, Landlord, and its officers, employees, attorneys, representatives, insurers and assigns from any and all demands, cause of action and/or judgments of whatsoever nature of character, past or future, known or unknown, whether in contract or in tort, whether for personal injuries, property damage, payments, fees, expenses, accounts receivable, credit, refunds, or any other monies due or to become due, or damages of any kind or nature, and whether arising from common law or statute, arising out of, in any way, the use of Resident’s photograph, photographic image or image in any video.
- Package Acceptance Policy. Resident agrees and understands that packages accepted for Resident by the Apartment Community’s management office will not be kept in an area locked or secured in any way. Resident further agrees that it will not hold Landlord responsible for packages if they are lost or damaged. Because package acceptance is available as a convenience to residents and space is limited, Landlord will only hold these packages for a short time. Therefore, packages left over seven (7) days will be returned to the sender. Please be aware both a photo ID and a signature will be necessary to pick up a package from the management office, and Landlord will only release packages to the addressee.
- Attachments. All Addendums and Exhibits shall be binding upon the parties to this Agreement and shall be controlling where at variance with the provisions of this Lease:
- Successors and Assigns. The provisions of this Lease shall bind and inure to the benefit of Landlord and Resident and their respective successors, heirs, legal representatives, and assigns. The term “Landlord” as used in this Lease means only the Landlord and its agent, and upon any sale or conveyance of the Premises and the Apartment Community, Landlord named herein shall be and hereby is entirely freed and relieved of all covenants, liabilities and obligations of conveyance. Notwithstanding anything in this Lease to the contrary, Landlord shall have no personal liability hereunder and Resident shall look solely to the estate and property of Landlord in the Premises for the collection of any judgment or other judicial process arising out of any default or breach by Landlord with respect to any of the terms or covenants of this Lease to be observed or performed by Landlord, and no other assets of Landlord shall be subject to levy, execution or other procedures for the satisfaction of Resident's remedies.
- Notices. All notices and demands by Resident to Landlord shall be delivered in writing to the locations where Rent is to be paid, and shall only be deemed delivered upon actual receipt thereof by Landlord. All notices and demands by Landlord to Resident may be delivered by mail to the Resident at the Premises or by personal delivery to Resident by posting said notice or demand on the front door of the Premises. When the term “Resident” includes more than one person, such notice shall be conclusively deemed to have been given to all such persons when such notice is given to any one of such persons.
- Time is of the Essence. Time is of the essence in all provisions of this Lease.
- Entire Agreement. This Lease, all Exhibits and Addendums, and any other documents attached hereto or referenced herein set forth the entire agreement between the parties, and all prior conversations or writings are merged herein and extinguished. No amendment to this Lease shall be binding upon Landlord or Resident unless reduced to writing and signed by both parties. Any provision of this Lease which is invalid shall not invalidate the remaining provisions in this Lease. Sections 3, 4, 5, 11, 12, 14, 15, 21 and 29 of this Lease, and any other provision that is intended to survive the termination of this Lease shall survive the termination of this Lease.
IN WITNESS WHERE OF, Landlord and Resident have signed and sealed this Lease as of the date first above written.
LANDLORD:
[Youngstown State University c/o University Courtyard Apartments]
By: Rise Residential, LLC, a Georgia limited liability company, as Agent for Landlord
By:______________________________(SEAL)
Name: Carol Seawood Its: General Manager, Agent for Owner
RESIDENT:
__________________________________(SEAL)
Print Name: ____________________________
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