GENERAL USE ADDENDUM TO RESIDENTAL RENTAL CONTRACT
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1 GENERAL USE ADDENDUM TO RESIDENTAL RENTAL CONTRACT 1. If Page One of the Lease Agreement does not allow pets, Tenant is not allowed to pet sit and pets are not allowed on the Premises for brief visits. If tenants violate this rule, the lease may be canceled and upon notice, tenant may be requested to vacate the premises within (7) seven days. IN ADDITION, TENANT WILL BE CHARGED $300 per pet as LIQUIDATED DAMAGES. Snakes of all types are not allowed and are not allowed as pets under the pet clause in the contract. If Lease does not allow Pets and Tenant desires to have pet(s) after moving into the Premises, Tenant must have the Lease Agreement modified to allow Pets and pay the applicable Pet Fees. The Property Management Company reserves the right to restrict the weight of pets and the breed of pets allowed on the Premises. Tenant(s) acknowledge having read this paragraph. Initial Initial Initial Initial 2. Tenant understands and agrees that the presence of pet urine or other animal waste that may be deposited by an animal in the carpeting or on the flooring of the Premises during tenancy represents certain biological, health, and safety hazards- as well as offensive odors- for themselves and for future and neighboring tenants. Due to (1) the unique characteristics of animal urine and its damaging effects on carpet padding, and flooring of the Premises shall not, under any circumstances, be considered normal wear and tear. Tenant understands and agrees that, in any event, Tenant shall be fully responsible for the value of replacement and installation of carpet, flooring, and/or fixtures necessitated by the presence of animal urine or other waste found by Lessor in the carpeting of flooring of the Premises, and that the deposit referenced on page one may be applied to such damages, though Tenant shall be fully liable to Lessor for any deficiency. The replacement value of carpet, flooring, and fixtures shall be prorated based on the respective age of the item(s) at the time of replacement as compared to the original expected life of the respective item(s). Initial Initial Initial Initial 3. Fire/Soot/Smoke/Nicotine/Curry Damage: Tenant is responsible for any damage caused by fire, including but not limited to kitchen fire. Tenant is also responsible for soot/smoke damage caused by cigarette smoking and/or/burning candles or using curry in cooking. Tenant should be aware that burning candles emit smoke/soot that discolors the entire unit and smoke/soot/curry is distributed throughout the apartment via the HVAC system. Additionally, walls, cabinets, ceilings, and or carpeting may be discolored from fire/soot/smoke/nicotine/curry. Tenant is responsible for any damage caused to unit that requires excessive cleaning/replacement due to fire/soot/smoke/nicotine/curry. 4. Certain services may be included with your apartment rent. Russell Property Management does not guarantee the continuation of these services or the quality/reliability of these services, nor does Russell Property Management provide any hardware required for service. 5. Keys and Locks: Tenant agrees not to install additional or different locks or gates on any doors or windows of the Premises, except as agreed to and approved of by Lessor in writing. When this agreement ends, Tenant agrees to return all keys to this dwelling Premises to the Lessor. If all keys are not returned to Lessor at the end of tenancy, Tenant agrees to reimburse Lessor for cost of re-keying all locks (including mailbox lock). 6. LOCKOUTS: Any tenant needing access to their apartment may pick up a spare key from the office during office hours. There will be no charge if they key is returned, or the key can be purchased for $ Should we have to send a technician to open the door, there will be a reasonable charge for this service. Please make sure you ask for the amount of the charge before agreeing to the service. Proper identification must be presented at the time of the service. No one other than the persons on the lease will be allowed inside your apartment. 7. Tenant Agrees to: a. Supply all electric light bulbs and fuses required during Resident s occupancy; replace filter in heat/ac unit monthly. b. Not discharge, display or any way use in, on, or around the complex any firearm or weapon of any type (including air rifles and pistols, knives, swords, etc.); c. Allow lessor to immediately dispose of any property left by tenant when he/she surrenders or abandons the Premises; d. Pay any fines associated with trash container compliance and/or removal of trash at street during tenancy or after move-out ; e. Pay any fines associated with Tenant failing to clean up animal feces from heir animal or visitor s to Tenant s premise animals. 8. Restrictions and Alterations: Tenant agrees not to do any of the following without first obtaining Lessor s written permission: a. Change or remove any parts of the appliances, fixtures or equipment in the Premises; b. Paint or install paneling, wallpaper or contact paper in the Premises; c. Attach awnings or window guards in the Premises; d. Attach or place any fixtures, signs, fences signs or clotheslines on or in the building(s), common areas or the property grounds; e. Attach any shelves dividers, screen doors or make any other temporary or permanent improvements in the Premises; f. Place or attach any aerials, antennas, wires, satellite dish or other electrical connection on the Premises. 9. Automobiles & Parking a. Parking is allowed in the designated parking areas only for the cars, light trucks and motorcycles (primary mode of transportation). All other boats, trailers and RV s will not be allowed on the premises unless prior written permission is obtained from Lessor. b. Any vehicle parked on the premises that is unlicensed, inoperable, abandoned, flat tires or lacking any required permit may be towed away and stored at its owners expense without Lessor incurring any liability to anyone for any reason. c. All vehicles must be kept in proper operating conditions so as not to be a hazard or a nuisance by reason of noise, emission, appearance or otherwise. Except for minor adjustments, no repairs or maintenance shall be conducted on the property or common areas. Drainage of any automotive fluids on the common areas is strictly prohibited. d. Cars are to be parked in a single parking space. NO parking across multiple spaces is allowed. 10. REPAIRS Tenants are responsible for repairs other than ordinary wear and tear and will be billed for them. Examples: stopped up toilets, lockouts, charging light bulbs, cutting on breakers at panel box, replaced damaged screens, charging of locks at tenants request, installing additional security devices at tenant s request, unstopped sink and drain lines stopped up be tenant, repairs locks and doors damaged during tenancy, changing heat/air filters other than scheduled maintenance, stopped up garbage disposal by foreign objects. 11. All names on the lease are jointly and severally responsible for the entire rent due under the lease agreement. 12. EVERY TENANT IS RESPONSIBLE FOR THE FULL TERM OF THE RESIDNETIAL RENTAL CONTRACT. If tenant(s) fail(s) to complete term, tenant(s) is/are responsible for all damages and lost rent. A collection will be filtered for damages and monthly rent due. Tenant(s) is/are responsible for reasonable collection and attorney fees. 1
2 13. EVERY TENANT MUST GIVE A FULL 30- DAY NOTICE IN WRITING TO END THEIR LEASE TENANCY, WHETHER TO END THE INITIAL TERM OF THE LEASE OR THE END A MONTH-TO-MONTH LEASE. Landlord s Agent signature and date 2
3 GENERAL EQUIPMENT MALFUNCTION ADDENDUM TO RESIDENTIAL RENTAL CONTRACT GENERAL EQUIPMENT/APPLIANCE/HEAT & AC/RESTORATION DRYERS AND EQUIPMENT 1. Tenant acknowledges that as of this date, the Unit is equipped with general appliances (range, refrigerator, dishwasher) heat/ac system and that tenant agrees to inspect and test appliances/ heating/ac system immediately upon taking possession of the Premises. 2. Tenant agrees to immediately report to Landlord or Landlord s agent in writing any repair or replacement necessary to make appliances/heat/ac system completely operable. Within seven (7) of receipt of such written notification, management shall repair or replace appliances/heat/ac system, assuming the availability of labor and materials. 3. Tenant agrees to reimburse owner for repair/replacement expense due to the negligence of tenant or tenant s guest. 4. Tenant agrees to allow Landlord or Landlord s Agent to place restoration/drying equipment on the premises and further agrees to not disrupt service of drying equipment (including but not limited to dryers and dehumidifiers) nor knowingly permit any person to do so. Tenant agrees to release Landlord or Landlord s Agent for any incidental cost (including but not limited to utility bills) associated with the use of restoration/drying equipment or malfunction of appliances/heat/ac system. Russell Property Management is not responsible for (1) loss of food due to refrigerator malfunction; (2) high utility/water & sewer bills associated with water heater malfunction/heat/ac leak or any other water leak; (3) damage to or loss of personal property. Tenant will not be reimbursed for such costs. Initial Initial Initial Initial 5. DISCLAIMER Tenant acknowledges and agrees that the Landlord or Landlord s agent is not the operator, manufacturer, distributor, retailer or supplier of the appliances/heat/ac system/restoration equipment. Tenant assumes full and complete responsibility for all risk and hazards attributable to, connected with or in any way related to the operation, malfunction or failure of the appliances/heat/ac system/restoration equipment, regardless of whether such malfunction or failure is attributable to, connected with, or in any way related to the use, operation, manufacture, distribution, repair, servicing or installation of said appliances/heat/ac system/ restoration equipment. Landlord or Landlord s agent or employees, whether oral or implied, or otherwise, have made no representation, warranties, undertaking or promises, to you regarding said appliances/heat/ac system/restoration equipment, or the alleged performance of the same. The Landlord or Landlord s agent neither makes nor adopts any warranty of any nature regarding said appliances/heat/ac system/restoration equipment including expressed or implied warranties. The Landlord or Landlord s agent shall not be liable for damages, losses and/or injuries to person(s) or property caused by (1) tenant s failure to notify Landlord or Landlord s agent of any problem, defect, malfunction, or failure of the appliances/heat/ac system/restoration equipment; and/or (2) theft of the appliances/heat/ac system/restoration equipment. 6. Entire Agreement: The parties acknowledge that this written addendum is the entire agreement of the any way varies the terms of this GENERAL EQUIPMENT MALFUNCTION ADDENDUM shall be unenforceable and completely void unless such agreement is in writing and signed by both parties. 7. Term: The term of this Addendum shall be the same term as lease renewal or extension of rental agreement. 8. Acknowledgement: I acknowledge I have read this addendum and it places a duty upon me to regularly use the appliances/heat/ac system and report all malfunctions of the same to Landlord or Landlord s agent. Landlord s Agent signature and date 2
4 MOLD AND MILDEW ADDENDUM ADDENDUM TO RESIDENTIAL RENTAL CONTRACT Mold needs moisture, food, oxygen and favorable temperatures to grow. Moisture is the primary causes of mold growth and one of the easiest of the factors to control. Moisture comes from the following sources or activities: flushing toilets, showering, running faucets, washing clothes, drying clothes, cooking, and the air. Your body also gives off several pints of water per day into the atmosphere of your home. Your home was built with several mechanical devices to aid in the removal of moisture from your home including the bath exhaust fans, microwave exhaust vent, windows and heating and air equipment. These devices are designed to remove the moisture laden air from your home and therefore you need to use this equipment to ensure that you do not contribute to the growth of mold in your home. Your home is very energy efficient and needs to be ventilated through the mechanical means noted above. Without proper ventilation, the humidity level in your home will foster mold growth and cause uncomfortable living conditions. We have provided you with additional suggestions to prevent mold and mildew problems within your home. Mold and Mildew: Resident acknowledges and agrees that, for both the maintenance of the Premises and for the health and well being of Resident and Resident s occupants, family, and guests it is necessary for resident to provide appropriate climate control, keep the Premises clean, and take other measure to retard and prevent mold and mildew from accumulating in the Premises. Accordingly, Resident agrees to: 1. Clean and dust your home on a regular basis and remove visible moisture accumulation on windows, walls, and other surfaces as soon as such accumulation becomes reasonably apparent. This will help eliminate the food needed for mold to grow. 2. Operate the heating and air-conditioning system in a manner necessary to properly ventilate the apartment to prevent an environment conducive to the growth of mold and mildew, including changing the air filters(s) every 30 days. A primary function of heating and air equipment is to remove humidity (moisture) from the air of your home. During periods when the indoor temperature does not turn on the heating and air equipment, open windows to provide ventilation to your home. 3. Operate bath exhaust fans for at least 30 minutes after showering or bathing. Exhaust fans remove moisture laden air from the living space and discharge it to the outside. 4. Operate the kitchen exhaust fan for at least 30 minutes after cooking activities are done. Exhaust fans remove moisture laden air from the living space and discharge it to the outside. 5. Keep blinds slats partially slanted to allow proper ventilation between the blinds and windows. This will provide for ventilation between the blinds and windows helping to dry out any moisture that forms on windows due to condensation. 6. Operate room ceiling fans to aid in air movement and increase drying of water and water vapor. 7. Do not place beds, mattresses, stacks of clothes, books, etc directly against a wall. Provide for at lease a two inch air space between the item and the wall to allow air to flow between the item and the wall. 8. Immediately notify RPM of any of the conditions below: a. Any evidence of a water leak or excessive moisture b. The presence of mold, mildew, or similar growth in the Premises that persists after Resident has attempted to remove it through the application of common household cleaning solutions or antimicrobial products. c. Any malfunction of any part of the heating, ventilation, air conditioning, plumbing or laundry systems present on the premises. d. Any inoperable doors or windows in the Premises. Resident agrees that Resident shall be solely responsible for damages caused to the Premises and to personal property present on the premises as well as any injuries or adverse medical condition suffered by Resident or Resident s occupant, family, or guests resulting from Resident s failure to comply with the terms of this Paragraph. 3
5 FUNGI OR BACTERIA LIABILITY EXCLUSION Tenant acknowledges and agrees that the Landlord or Landlord s agent is not liable for injury, damage or expenses resulting from fungi or bacteria. Fungi means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by-products produced or released by fungi. Injury, damage or expenses includes bodily injury, property damage or personal and advertising injury which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including it contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. Tenant signature and date Tenant signature and date Tenant signature and date Landlord s Agent signature and date 4
6 SMOKE DETECTOR ADDENDUM ADDENDUM TO RESIDENTIAL RENTAL CONTRACT 1. Tenant acknowledges that as of this date, the Unit is equipped with one or more smoke detectors and that tenant agrees to inspect and test the smoke detector(s) immediately upon taking possession of the Premises. 2. Tenant agrees to inspect and test smoke detector(s). Periodically to insure proper functioning. 3. Tenant agrees to immediately report to Landlord or Landlord s agent in writing any repair or replacement necessary to make the smoke detector(s) completely operable. Within (7) days of receipt of such written notification, management shall repair or replace the smoke detector(s), assuming the availability of labor and materials. 4. Tenant agrees to replace the batteries as needed for any battery operated smoke detector(s) in or on the Premises so smoke detector(s) is/are continuously operable. Failure of the tenant to replace batteries as needed for any battery-operated smoke detector(s) in of on the Premises shall not be considered as negligence on the part of the Landlord or Landlord s agent. 5. Tenant agrees not to disable or render inoperable any smoke detector(s) installed in or on the Premises, nor knowingly permit any persons to do so. 6. Tenant agrees to reimburse owner, upon request, for the cost of the new smoke detector(s) installation thereof in the event tenant or tenant s guests of invites dispose of or damage the existing smoke detector(s). 7. DISCLAIMER Tenant acknowledges and agrees that the Landlord or Landlord s agent is not the operator, manufacturer, distributor, retailer or supplier of the smoke detector(s). Tenant assumes full and complete responsibility for all risk and hazards attributable to, connected with or in any way related to the operation, malfunction of the smoke detector(s) regardless of whether such malfunction or failure is attributed to, connected with, or in any way related to the use, operation, manufacture, distribution, repair, servicing or installing of said smoke detector(s). Landlord of Landlord s agent or employees, whether oral or implied, or otherwise, have made no representation, warranties, undertaking or promises, to you regarding said smoke detector(s), or tha alleged performance of the same. The Landlord or Landlord s agent neither makes nor adopts any warranty of any nature regarding said smoke detector(s) including expressed or implied warranties. The Landlord or Landlord s agent shall not be liable for damages, losses and/or injuries to person(s) or property caused by (1) tenant s failure to regularly test the smoke detector(s); (2) tenant s failure to notify Landlord s agent of any problem, defect, malfunction, or failure of the smoke detector (s); (2) tenant s failure to notify Landlord or Landlord s agent of any problem, defect, malfunction, or failure of the smoke detector (s); (3) theft of the smoke detector (s) or its serviceability battery; and/or (4) false alarms produced by the smoke detector(s). 7. Entire Agreement: The parties acknowledge that this written addendum is the entire agreement of the parties relative to smoke detector(s) in or about the premises. Any agreement that is any way varies the terms of this Smoke Detector Addendum shall be unenforceable and completely void unless such agreement is writing and signed by both parties. 8. Term: The term of this addendum shall be the same term as lease renewal or extension of rental agreement. 9. Acknowledgement: I acknowledge I have read this addendum and it places a duty upon me to regularly test the smoke detector(s) and report all malfunctions of the same to Landlord or Landlord s agent. Landlord s Agent signature and date 4
7 FIRE PREVENTION REGULATIONS FOR ALTERNATE HEAT SOURCES FIRE PREVENTION REGULATIONS FOR PORTABLE GRILLS ADDENDUM TO RESIDENTAL RENTAL CONTRACT Use of alternate heat sources is prohibited. Russell Property Management strictly prohibits the use of additional or alternate heat sources including, but not limited to gas, electric or kerosene space heaters. Use of such alternate heat sources is a violation of the Rental Contract and is not permitted. Recent statistics from the National fire Protection Association show that in 1989 were 2,000 fires resulting in six (6) deaths, 56 injuries, and $16.6 million in property damage at apartment buildings. These fires were all caused by the improper use of outdoor grills. The North Carolina Fire Prevention Code Volume V states the following: OUTDOOR GRILLS Charcoal and gas grills are prohibited within 10 feet combustible material at all occupancies covered by this volume. We require and enforce the following: 1. Charcoal and gas grills not be located on balconies. This includes portable electric grills, which contain loose heating material such as lava rocks. 2. EXCEPTION: These grills can be stored on balconies provided they are free of charcoal, lava rock, and gas cylinders. They may not be stored under stairwells or exit ways and in no case shall they block the means of egress. 3. When these grills are in use, they must be at least 10 feet away from any structure and combustible landscape Material (pine straw, pine bark, shrubs, etc.). If you have any additional questions or concerns, please feel free to contact the Greenville Fire Prevention Bureau at (252) Tenant signature and date Tenant signature and date Tenant signature and date Landlord s Agent signature and date 5
8 RENTER S INSURANCE ADDENDUM Russell Property Management is not liable for any personal property belonging to the tenant(s) that may be damaged or stolen while located or stored on the premises regardless of the cause or causes not attributable to the willful or wanton negligence of the Landlord or his agents. Russell Property Management is not liable for personal injury of the tenant(s) and any members of negligent or intentional acts of Landlord or his agents. We recommend that all tenants obtain renter s insurance. Renter s insurance provides you with coverage for loss, damage or destruction of your property. It also provides coverage for additional living expense you may incur in the event the residence becomes uninhabitable. Such insurance can also protect you from any liability claims resulting from your own activities. For example, if your negligence causes a fire, you may be held responsible for damage of the property of others, including the Owner s property. Similarly, if a guest were to have an accident in your residence, you could be personally responsible for the guest s injuries. I HAVE READ THE PARAGRAPH IN THIS RESIDENTIAL RENTAL CONTRACT CONCERNING THE PURCHASE AND COVERAGE INFORMATION FOR TENANTS INSURANCE. Tenant signature and date Tenant signature and date Tenant signature and date Landlord s Agent signature and date 6
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