1. LESSEE: That to secure this lease, lessee represents that he is of good moral character and not engaged in any illegal or immoral business on or off the premises; the untruth of which, now or during the term of the lease, shall be grounds for terminating this lease. Manufactured home is to be used as a private residence and for no other purpose. THE PERSONS RESIDING IN THE RESIDENCE MAY NOT BE CHANGED OR INCREASED DURING THE TERM OF THIS LEASE TOGETHER WITH ANY RENEWALS, WITHOUT THE EXPRESS WRITTEN CONSENT OF LANDLORD.
2. CHILDREN: Parents must supervise and exercise reasonable control of their children. Children are restricted to their own home and lot. They are not permitted in the streets or on other lots. Streets may not be used for playing nor are bikes, trikes, miniwheels, etc. permitted in the community. Parents are responsible for any damage caused by their child. Damage and wear to grass and/or trees will not be tolerated and will be grounds for termination. Babysitting carried on to the extent and frequency as, in the sole discretion of the Lessor, constitutes the operation of "Daycare" services, is strictly prohibited and will constitute grounds for immediate termination of this Lease. Children are not permitted off their own lawn without a parent or invitation by a neighbor.
3. PETS: No pets are permitted on the community grounds. This includes both inside and outside of home and includes pets of both the resident and/or any visitors. Any stray animals must be reported to the office promptly. Discovery of the presence of any domesticated animals at any home will be grounds for immediate termination of the lease.
4. CLEANLINESS: Each resident is responsible for the cleanliness of their own home, lawn and parking area. All trash and debris of whatever kind must be placed in a trash bag and then into the garbage can.
5. REPAIR: The rental unit will be subject to inspection and, when needed in the sole discretion of Lessor, repairs. Any repairs deemed appropriate by Lessor shall be performed with reasonable promptness during normal business hours EXCEPT IN THE EVENT OF EMERGENCY. Any repairs needed by Lessee should be reported to the Park Office, in writing, as soon as possible after discovery.
6. VEHICLES: Parking space sufficient to accommodate two automobiles is available on each home site. A maximum of two (2) cars may be registered, operated and parked within the community. Only vehicles owned (in the name of the leasee) by the leasee may be registered. All motor vehicles must be driven regularly (have a current N.C. tag, current inspection sticker, community parking sticker, be in running condition and have no flat tires). Community parking stickers remain the property of Killian Mobile Home Park, Inc. Upon sale of the vehicle or lease termination, all parking stickers must be returned to the office or purchased. The cost of purchase is $20.00 per sticker. No cars may be repaired and/or washed within the community. Parking is permitted only on the designated paved parking area. NO VEHICLE IS EVER PERMITTED ON THE LAWN OR THE PATIO. Any auto dropping oil, grease, brake fluid, etc. must be removed until needed repairs are made. No trucks are permitted on the community streets. RESIDENT AGREES ANY VEHICLE NOT IN COMPLIANCE WITH THE ABOVE REQUIREMENTS WILL BE REMOVED FROM THE COMMUNITY AT THE EXPENSE AND LIABILITY OF THE VEHICLE OWNER WITHOUT ADDITIONAL NOTICE.
7. RELEASE OF LIABILITY: LESSOR ASSUMES NO LIABILITY FOR AND LESSEE, FOR THEMSELVES, THEIR DEPENDENTS, THEIR INVITEES AND THEIR RESPECTIVE HEIRS AND ASSIGNS FOREVER, DOES HEREBY RELEASE AND FOREVER QUIT AS AGAINST LESSOR, ANY CLAIM HE/SHE/THEY MAY HAVE AT ANY TIME AGAINST LESSOR BY REASON OF LOSS OR DAMAGE TO PERSON OR PROPERTY OF LESSEE ITS HEIRS, ASSIGNS, DEPENDENTS AND/OR INVITEES. Lessee further assumes responsibility for any and all broken glass on the rental premises and agrees to replace ANY broken glass without delay.
8. NOISE: Each resident of the community shall conduct him/herself in an orderly manner and in keeping with the best interests of the community and its tenants. No resident shall permit noises from the use of any radios, televisions, loudspeakers, talking machines, phonographs, musical instruments or other instrumentality to reach outside its premises, which will in the sole judgment of Lessor, interfere in any way with other tenants of the community.
9. RENT: Rent of $__________ must be paid as due, on or before the ____________________ ( ) day of each _________________. Rent must be paid in full at the Community Office during posted business hours, without notice, deduction or demand. Payment shall be in the form of cash or a certified bank check unless advance approval has been received from Lessor for the use of personal checks. Lessee hereby waives all notice of rent due and agrees that Lessor may begin a legal action to collect rent and/or obtain possession of the premises on the day rent becomes delinquent with no notice to Lessee and Lessee hereby waives any rights, legal or otherwise, which Lessee may have to receive any notice of default for failure to pay rent or additional time within which to cure said default.
A late fee of Fifteen Dollars ($15.00) or five per cent (5%) of the monthly rent, whichever is greater, will be added to any rent payment received five (5) days or more after due date.
10. SECURITY DEPOSITS: Security Deposit of $____________ paid by you on entry shall be held by LESSOR in an account entitled Killian Mobile Home Park, Inc., Security Deposit Account, at Central Carolina Bank, until this agreement is terminated. Resident may not apply this deposit to any rent payment. The security deposit will be returned to the LESSEE within a reasonable time after the termination of this agreement except under the following conditions. LESSEE AGREES TO PAY AND AUTHORIZES LESSOR TO DEDUCT FROM THE SECURITY DEPOSIT the following charges, if applicable:
1) Any unpaid late charges as discussed (see Rent).
2) Any attorney's fee incurred as a result of your breach of any part of this lease.
3) Any court cost incurred by enforcement of the terms of this lease.
4) Cost of repairs and/or replacement of any trees, grass, patio or asphalt caused by LESSEE or any visitor of the
lessee.
5) Any cleaning expense provided the home and lot are not returned thoroughly clean.
6) Any rent due but not previously paid.
11. DAMAGES: Lessee shall be responsible for any damage to the rental premises, including any furnishings, fixtures or equipment located thereat. Lessee, by execution of this Lease, states that he/she/they have inspected the rental premises prior to signing below and that any and all damages have been noted by landlord or Park staff. The following is a non-exclusive list of some areas in which Lessees/Lessor have had problems in the past and is set out here to alert Lessee to at least some areas of concern:
a) NO alterations may be made. NO nails or screws may be inserted into the walls, floors or ceilings.
b) The number of curtain rods may not be increased, nor may existing curtain rods be removed.
c) NO WATER BEDS ARE PERMITTED.
d) Rubber sheets should be used on all mattresses, especially children's beds.
e) Exhaust fans should be in use only while cooking.
f) All water taps must be turned off completely when not in use. Pipes have been insulated against the danger of freezing. In the event of excessive water use, a surcharge shall be added to rent due to cover the cost of such excess.
g) Tenant shall not tamper with any appliance or utility. Satellite dish guidelines are attached and are made a part of the lease. In the event of problems, management should be notified as soon as is practicable.
h) Door locks may not be changed, nor may Lessee install or use additional locks without the express written consent of Lessor. Lessee is hereby notified that Lessor is retaining a passkey to facilitate entry upon the premises in the event of emergency and to perform routine maintenance. Denial of Lessor’s access to unit is cause for termination.
I) Washers and/or dryers are not allowed in the rental premises without the express written consent of Lessor.
12. VERMIN: Premises have undergone extermination services by Lessor prior to the commencement of this Lease in the event any evidence of vermin was present. All further extermination services shall be Lessees responsibility and at Lessees expense.
13. LEASE: The length of this lease is ________________ ( ) months. The lease term shall begin on the ______ day of ___________________ 20____ and end on the ______ day of _____________________ 20___. After that time the lease will automatically renew monthly unless proper notice to terminate is given. A minimum of two weeks written notice is required to terminate the lease. Failure to fulfill the lease term or to give proper notice does not relieve tenant of the rent due under the terms of this lease. Should any breach of lease rules and regulations be found by the management to be harmful or extremely disturbing to any other resident the management reserves the right to demand the immediate possession of the home and may take possession. Owner may show home to prospective tenants after the park office has received written termination notice; however, such showing shall occur during normal business hours with or without the tenant's presence.
In the event Lessee is transferred by his/her employer to a location outside a thirty (30) mile radius of the Community (as the crow flies), this Lease may be terminated at the option of Lessee by giving one months written notice to Lessor of intention to terminate and proof of such transfer. Termination of the Lease shall be effective as of 6:00 p.m. on the last day of the first month following the submission of notice to quit along with proof acceptable to Lessor, of such transfer.
14. UTILITIES: Lessor shall furnish water, sewer and trash pickup at no additional cost to Lessee. Lessee shall furnish any other utilities desired at Lessee's option and expense. Any damage to the premises caused by installation or use of additional services by or at the request of Lessee shall be Lessee's responsibility absent prior written consent of Lessor for such installation and/or use. THE CENTRAL HEATING SYSTEM MUST BE USED AT ALL TIMES DURING FREEZING WEATHER TO PREVENT FROZEN AND POSSIBLE BURST PIPES. IN NO EVENT SHALL ANY PORTABLE SPACE HEATER OR OTHER DEVICE, WHICH BURNS KEROSENE BE USED IN, ON OR AROUND THE PREMISES.
15. MAIL: Resident agrees to return key #________ for mailbox #_______ immediately upon termination. If key is lost or not returned, resident agrees to pay $25.00 to replace the lock. Any damage to lessee's mailbox will be charged to lessee.
16. CONVERSION UPON BREACH: Should you breach any provision of this lease not relating to the payment of money, it shall convert the tenancy to one by the week and we shall be entitled to move against you as a tenant holding over. This will not relieve your obligations under the lease (see section 13).
17. REPRESENTATIONS AND APPLICATION: We tender this lease to you on the basis of the representations contained in the application, which is made part of this lease. In the event any of the representations contained in the application shall be found to be misleading, incorrect or untrue, we shall have the right to cancel this lease and repossess the leased premises. Only persons approved on application may live in the home.
18. REMOVAL OF PERSONAL PROPERTY: If after any violation of any provision of this lease, or upon the expiration of this lease, you move out and fail to remove any of your personal property, then the personal property shall be deemed abandoned, and removed.
19. HOLDING OVER: In the event tenancy is terminated for any reason provided in this lease and you shall remain in possession thereafter, you shall be considered a hold over tenant and shall be dealt with as by law provided and we shall have the right to remove you and your possessions from the premises and to take such other steps as we find appropriate to regain possession.
20. All remedies provided to the lessor under this lease agreement are distinct and cumulative to any other rights or remedies under this lease or afforded by law or equity and may be exercised concurrently, independently, or successively. Provided further that any forbearance by lessor in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy subsequently.
21. BREACH: A BREACH OF ANY TERM OF THIS LEASE, INCLUDING BUT NOT LIMITED TO THE FAILURE TO PAY RENT WHEN DUE, SHALL BE GROUNDS FOR TERMINATION AT THE OPTION OF LESSOR. LESSOR'S FAILURE TO DECLARE A VIOLATION OR BREACH OF ANY TERM HEREIN SHALL NOT ACTAS A CONSENT TO SIMILAR VIOLATIONS OR BREACHES SUBSEQUENTLY.
22. The following marked attachments have been given to the lessee and in signing below; lessee acknowledges receipt of the documents and agreement to adhere by them.
____1. “Satellite Dish Guidelines” ________ 3_________________________________________
____2. “Garbage Regulations” ________ 4. _________________________________________
WE THANK YOU FOR THE OPPORTUNITY TO SERVE YOU AND WILL DO OUR PART TO MAKE YOUR STAY AS ENJOYABLE AS POSSIBLE. WE TRUST ANY COMPLAINTS, RECOMMENDATIONS, OR PROBLEMS WILL BE GIVEN TO THE COMMUNITY OFFICE FOR CONSIDERATION. COMPLIANCE WITH THE COMMUNITY GUIDELINES AND PROMPT RENT PAYMENTS ARE YOUR RESPONSIBILITY. WE HOPE YOU LOOK TO YOUR UNIT AS YOUR HOME, RESPECT IT AND TREAT IT AS SUCH.