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STATE OF SOUTH CAROLINA January 2004
COUNTY OF HORRY RESIDENTIAL LEASE AGREEMENT
This Agreement of Lease, made and entered into this day of ___________________ 20____, by and between American Dream Homes, Agent/Landlord and ____________________________________, Resident.
WITNESSETH: 1. Location: That Agent/Landlord does hereby let and lease unto said Resident the premises known as in Horry County, owned by American Dream Homes to be used and occupied by said Resident for the term of beginning and ending ___________________.
2. Term: That Resident, in consideration of the use of the demised premises and of the covenants and agreements made herein by the Agent/Landlord, leases said premises and does hereby promise to pay the Agent/Landlord as a rental the sum of ($ _________) _____________________________________ per month beginning $ ___ paid herewith which pays the rent to ________________________. Rent shall be paid to American Dream Homes at P.O. Box 15336, Surfside Beach, SC 29587.
3. Rent: Rent is due the 1st of each month and no later than 5:OOPM on the 5th day of the month. If rent is not received in the rental office by this time, there will be a late penalty fee of $100.00 be paid with that month's rent. All rent paid past the 1Oth of the month must be cashier's check, certified check, or money order.
If rent is unpaid when due, and the tenant fails to Pay rent within five (5) days of the final due date, Agent/Landlord can terminate this agreement, and the Tenant is hereby given notice of that fact, as is required by the S.C. Residential Landlord and Tenant Act. Initial: ___________
In the event a check is not honored by the bank and is returned to the Landlord, tenant agrees to pay an additional charge of $75.00 for additional bookkeeping costs and handling charges. (If more than one check is returned, rent shall be paid in the form of cashier's check, certified check, or money order.)
4. Use: The Leased Premises shall be used only for residential purposes. Tenant shall not permit said Leased Premises to be used for any purpose that will injure the reputation of the project of which they are a part. Tenant will not use or keep in said Leased Premises anything which would in any way affect the terms and conditions of a Standard Fire Insurance Policy or increase the fire insurance rates. Tenant shall abide by and strictly conform to all rules issued and posted by Landlord from time to time governing: (a) the occupancy and care of said Leased Premises and the project of which the same are a part (b) appliances and fixtures supplied by Landlord, and (c) conduct affecting the convenience, safety, or welfare of the other tenants of the project of which the Leased Premises are a part and the physical condition of the project containing said Leased Premises. See attached rules and Regulations.
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5. Occupants: It is understood and agreed that only those persons designated in this Lease or as further modified and agreed to in writing by Landlord shall reside in the Leased Premises. For purposes of this Lease, the designated occupants are:____________________________________________________________________________________________________________________
It is further agreed and understood that there is a no pet’s policy unless agreed to by the Landlord.
*SEE ATTACHED PET ADDENDUM (if applicable)*
6. Maintenance of Premises: (a) Original Condition: The leased premises and the fixtures contained therein shall be deemed to be clean and acceptable and in good repair and operable unless otherwise reported in writing to Landlord within 18 hours of commencement of the term hereof.
(b) Cleanliness: Tenant shall keep said Leased Premises and the fixtures contained therein in a reasonably safe and clean condition. Upon vacating the Lease Premises, Tenant shall leave them in the condition existing at the commencement of this Lease, ordinary wear resulting from careful usage excepted, or pay Landlord for the cost of restoring said Leased Premises and fixtures to their original condition.
(c) Repairs: Tenant shall keep said Leased Premises, and the appliances and fixtures contained therein, in as good repair as they are in at the commencement of this Lease, ordinary wear resulting from other than Tenant's deliberate or negligent misuse or abuse expected. The cost of service to any appliance or fixture, or of repairing any damage resulting from Tenant's deliberate or negligent misuse or abuse of any fixture, appliance or portion of the Leased Premises, or the project of which they' are a part, shall be paid by Tenant upon demand by Landlord. Excessive holes in walls, other than what is considered normal for hanging pictures, will be repaired at the tenants expense upon vacating. (d) Alterations: No repairs, alterations or changes in or to said Leased Premises or the fixtures or appliances contained therein, shall be made except after written consent of Landlord at Landlord's sole discretion. Tenant shall not paint or wallpaper any portion of the Leased Premises without written consent of Landlord at Landlord's sole discretion, and shall be responsible for the cost of restoring said Leased Premises to their original condition if he makes any such unauthorized modifications.
e) Notification: Tenant shall notify Landlord of any item becoming out of repair, any roof leaks, and spigot, pipe, or commode leakage, etc.
(f) Yard Maintenance: It is understood and agreed that the Tenant shall be solely responsible for the upkeep and maintenance of the yards and that they be kept in a desirable condition so as not to deter from the neat appearance of the Leased Premises. Upon moving out of the Leased Premises, it is agreed and understood that the Tenant will leave the yards in as good condition as it was at the commencement of the lease .Flower beds are to be kept neat and clean at all times.
(G) Driveways: Excessive oil leaks is prohibited. Tenant will be held responsible for cleanup. Children drawing on driveways with anything other than chalk is prohibited.
7. Utilities: All utilities desired by the tenant and not furnished by Landlord shall be the sole responsibility of Tenant. 8. Liability: Landlord shall be under no liability to the Tenant for damages or losses due to the discontinuance or interruption of heat, water, hot water, or of any other service, or of the inoperability of any appliance or fixture provided by the Landlord: except as provided in the South Carolina Residential Landlord and Tenant Act, Landlord shall not be liable for loss or damage to property of Tenant caused by rain or water that may leak or flow from any part of said Leased Premises through any defects in roof, plumbing, or any other source: except as provided in the South Carolina Residential Landlord and Tenant Act, and the Landlord shall not be responsible for loss or damage to any property that is
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stored in any storage area or storage facilities furnished by Landlord for the convenience of the Tenant. Tenant shall be liable for and shall hold Landlord harmless from and against any claims, damages, liability, and expense due to loss of life, personal injury, and/or property damage of said Tenant, Landlord, other residents, or anyone else, if such loss of life, damage or injury be due to the act or neglect of Tenant or anyone on the project which the Lease Premises are a part with the Tenants permission or who is allowed access thereto by the Tenant, or if such lose of life, damage or injury be due to any failure of the Tenant, to report in writing to the Landlord any defective condition which the Landlord would be required to repair under the terms of the Lease on notice from Tenant . Tenant shall be responsible for damage caused by Tenant's misuse or negligence in the operation or use of any appliance, plumbing, electrical or mechanical equipment provided on said premises. All personal property of Tenant upon the Leased Premises shall be there at the risk of Tenant only, and the Landlord shall not be liable for any damage thereto or theft thereof.
TENANT SHALL BE RESPONSIBLE FOR INSURING HIS OWN POSSESSIONS AGAINST FIRE AND OTHER CATASTROPHIES. Landlord and Tenant hereby release each other from liability for lose or damage occurring on or to the Leased premises or the project of which they are a part or to the contents of either thereof, caused by fire or other hazards ordinarily covered by fire and extended coverage insurance policies and each waives all rights of recovery against the other for such loss or damage. Willful misconduct lawfully attributable to either party, whether in whole or in part a contributing cause of the casualty giving rise to the loss or damage, shall riot be excused under tire foregoing release and waiver.
Destruction or Damage to Lease Premises: In the event the Leased Premises are destroyed partially or wholly by fire or other casualty, the Landlord shall have the option of repairing or rebuilding the Leased Premises with all reasonable dispatch; If the Landlord elects to repair or rebuild the Leased Premises, the rent on such part thereof as is untenantable from time of such casualty until the repair or rebuilding is completed shall be abated. If the Leased Premises or the building of which they are a part is damaged or destroyed by fire to the extent that the normal use and occupancy of the Leased Premises is substantially impaired, the Tenant shall then have the option of vacating the Leased Premises and terminating this Lease by written notice to Landlord within seven (7) days thereafter, or continuing the Tenancy under this Lease, and vacating any part of the Leased Premises rendered unusable, in which case rent shall be reduced in proportion to the diminution in the fair-market rental value of the Leased Premises.
10. Rights of Entry by Landlord: LANDLORD MAY, IN ADDITION TO OTHER ACCESS PROVIDED BY LAW, ENTER THE LEASED PREMISES TO PROVIDE REGULARLY SCHEDULED, PERIODIC SERVICES BETWEEN THE HOURS OF 9:00 AM AND 6:00 PM UPON ANNOUNCING THE INTENT TO DO SO.
11. Sublease: Tenant shall not assign or sublet said Leased Premises, or any part thereof, without the written consent of Landlord at Landlord's sole discretion.
12. Termination or Renewal- Except as otherwise set out herein or provided by law, Tenant may terminate this Lease only by hand delivering or sending by registered mail, return receipt requested, to American Dream Homes written notice at least sixty (60) days before the expiration of this Lease of an intention to vacate or terminate at the end of this Lease, or this Lease shall be extended on a month-to-month basis. Except as otherwise set out herein, or provided by law, Landlord may terminate this Lease only by delivering written notice to the Leased Premises at least thirty (30) days before the expiration of the Lease of an intention to terminate at the end of this Lease, or this Lease shall be extended on a month-to-month basis. Once given notice to vacate, Landlord has full right to show the apartment with the permission of the tenant. If tenant is unable to be reached in a reasonable time, landlord may enter the apartment at his own disgression provided all means of communication have been exhausted. If unable to show the apartment, present tenant is held fully responsible for all advertising, time, and failure to rent the apartment.
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The Landlord may exercise option to terminate this Lease prior to the expiration date allowed on this Lease upon Tenant’s payment of all reasonable expenses and turnover costs involved in securing another Tenant. This will be in addition to the Tenant being liable for rent payment’s until the premises is occupied by a new Tenant and a re-leasing fee of $200.00. Either party may terminate this Lease during the extended month-to-month period by giving sixty (60) days written notice as set out heretofore from the first day of any month. Upon the termination of this Lease, whether by Tenant or Landlord, Tenant agrees to quietly and peacefully surrender possession of home to Landlord. All sixty (60) day notices must be given on the first day of the month along with payment of rent in full amount.
13. Condemnation: Tenant hereby waived any injury, lose or damage or claim therefore against Landlord resulting from any exercise of a power of eminent domain of all or any part of the Leased Premises or project of which they are a part. All awards of the condemning authority for the taking of land, parking areas, or buildings shall belong exclusively to Landlord. In the event substantially all of the Leased Premises shall be taken, this Lease shall terminate as of the date the right-to-possession vests in the condemning authority and rent shall be apportioned as of that date. In the event any part of the property and/or building or buildings of which the Leased Premises are a part whether or not the Leased exercise of a power of eminent domain, and the remainder shall not, in the opinion of the Landlord, constitute an economically feasible operating unity, Landlord may, by written notice to Tenant given within sixty (60) days after the date of taking, terminate this Lease as of a date set out in the notice not earlier than thirty (30) days after the date of the notice: rent shall be apportioned as of the termination date. 14. Abandonment by Tenant: The unexplained absence of the Tenant from the Leased Premises for a period of fifteen (15) days after default in the payment of rent shall be deemed an abandonment of the leased Premises and this Lease will be automatically terminated and the Landlord may re-enter and take possession of the Leased Premises.
15. Security Deposit: Tenant agrees to deposit with Landlord a Security Deposit of $ to be held as security for the full and faithful performance by the Tenant of all the terms and conditions herein, it being understood and agreed that no part of this deposit is to be applied to any rent which may become due under this Lease unless so elected by the Landlord. The Security Deposit shall be refunded after the Leased Premises are vacated by Tenant provided that (a) Tenant remains in possession of the Leased Premises for full term of the Lease, (b) Tenant gives Landlord the proper sixty (60)days written notice of intent to vacate, (c) the Leased Premises are left in the condition existing at the commencement of this Lease, ordinary wear from other than Tenant's deliberate or negligent misuse of abuse excepted, and (d) all rent. and utility fees due are paid in full, other deductions shall be made according to law. Tenant nor Landlord shall not be entitled to any interest on said Security Deposit. Upon termination of lease, the entire apartment, including the kitchen, range, refrigerator, microwave, bathrooms, closets, cabinets, and carpets shall be cleaned by the tenant. Carpeting must be free of blemishes, stains, & holes. Garbage must be placed in proper containers & disposed of. Charges: Refrigerator cleaning $75.00 Range / oven Cleaning $75.00 Cabinet / counters $25.00 Key Replacement $20.00 Light bulb replacement $2.00 Each. Trash Removal $15.00 Hrly. Decorating / maintenance $20.00 Hrly. Carpet Cleaning $200.00 16. Default: If the monthly payment of rent and late charges, or any of them, whether the same be demanded or not, are not paid when they become due or within the (10) days thereafter the Landlord may terminate this Lease and recover actual damage and obtain injunctive relief. If the Tenant's nonpayment of such sums is not in good faith, the Tenant shall pay the reasonable attorney's fees incurred or paid by the Landlord in enforcing the Landlord's rights.
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17. Peaceful Enjoyment: Landlord agrees and covenants that the Tenant, on paying the rent and late charges and performing the covenants hereof, shall and may peaceably and quietly have, hold and enjoy the Leased Premises for the term mentioned without hindrance or interruption by the Landlord.
18. Hurricane Clause: If at any time a tenant is required to evacuate because of hurricane, tenant is still fully liable for rent, regardless of how long they are required to stay away. Tenant is also fully/solely responsible for all personal items in their respective unit.
19. Renters Insurance: Each tenant is responsible for acquiring renters insurance to cover any loss or damage to any and all property belonging to tenant. At no time will landlord be held responsible for any loss or damage to tenants’ personal possessions.
20. If there is any problem with anything at all with rental unit, owner must be notified immediately in writing so the problem can be fixed in a reasonable period of time. At no time will a problem be an excuse for not paying rent.
21. Tenant is responsible for changing heating & cooling filters on a regular basis. Every other month is sufficient.
22. Mini blinds installed or any type of fence added to property must be approved by the landlord and must remain on premises once tenant moves out.
24. Smoking is strictly prohibited in any way, shape, or form in our units. Failure to comply is grounds for immediate termination. Smoking outside is allowed however all butts must be placed in the trash. Tenant will be held responsible for cleanup!
24 B. Tenant is solely responsible for the up keep and maintenance of all smoke detectors. They should at all times make sure they work properly. At any time that there is considered to be a problem with any smoke detector that can’t be fixed by tenant, a written notice must be given to landlord immediately.
25. At no times will automobiles be allowed to be parked on the street or in any one else’s driveway.
26. No boats or trailers are allowed to be parked on premises.
27. Washing automobiles on premises where water bill is paid by landlord is not allowed.
28. Loud music or the continuous disruption of others is prohibited and will lead to an eviction.
28. There will be no daycare business run out of any rental unit.
30. Tenant is responsible for possession of fire extinguisher for their respective unit.
31. PETS: A. Pets are not allowed without written permission and deposit. B. If at any time that a pet that has been allowed to stay with tenant disrupts another tenant in any way, shape, or form more than once, you will be asked to find the pet another home immediately. Once the tenant is asked to find the pet another home, if no home is found within 15 days, rental agreement will be terminated and the tenant will be asked to move and pay all rents due and advertising associated with re-renting the apartment. It is expected that the pet will be kept quite while on the premises. Pets must be cleaned up after.
32. There is a $50.00 referral fee for future tenants.
33. Tenant (s) need to have renters insurance to cover any damage or loss to property. Landlord is not responsible for any lose or damage of property.
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THIS LEASE supersedes all prior written or oral agreements and can be amended only through a written agreement signed by both parties Provisions of this Lease shall bindand insure to the benefit of the Landlord and the Tenant, and their respective heirs, successors, legal representatives, and assigns.
Tenant ___________________________ Date _____________
Tenant ___________________________ Date _____________
Agent/Landlord _____________________ Date _____________
This is a legally binding contract. If not understood, seek further advice
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PET ADDENDUM TO RESIDENTIAL LEASE
Residential Address: _______________________________________________
It is understood and agreed by both parties there is/are ____________ pet(s) allowed on the premises and a $_________ pet deposit is secured.
Description of pet(s) allowed:___________________________________________________________. Name of Pet(s):___________________________________.
PETS: If at any time that a pet that has been allowed to stay with tenant disrupts another tenant in any way, shape, or form more than ONCE, you will be asked to find the pet another home immediately. Once the tenant is asked to find the pet another home, if no home is found within 15 days, rental agreement will be terminated and the tenant will be asked to move and pay all rents due and advertising associated with re-renting the apartment. It is expected that the pet will be kept quite while on the premises. Pets must be cleaned up after at ALL times! . Tenant____________________Date_______
Tenant____________________Date_______
Landlord__________________Date_______
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