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LEASE AGREEMENT

            THIS LEASE AGREEMENT (this "Lease") is made and entered into this __ day of  ___________, 201_, by and between AUSTIN & AUSTIN HOLDINGS, LLC, a Georgia limited liability company ("Landlord"), _________________, _____________________ and  _______________ (collectively, "Tenant") jointly and severally. 

 

1.         Premises.  Landlord, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, reserved, and contained, to be paid, kept and performed by the Tenant, has leased and rented, and by these presents does lease and rent, unto Tenant, and Tenant hereby agrees to lease and take upon the terms and conditions which hereinafter appear, that certain premises commonly known as __________________, Athens, Georgia  _______ and more particularly described on Exhibit A attached hereto (the “Premises”). 

2.         Term.   The term of this Lease (the "Term") shall commence at 12:00 P.M. on August 1, 2015 (the "Commencement Date") and shall continue until July 27, 2016 (the "Term").  Tenant shall occupy the Premises throughout the Term of this Lease. 

3.         Rent.  Tenant shall pay to Landlord monthly rental ("Rent") in the amount of ____________________________________________________ payable monthly in advance.  Rent shall be prorated for any partial month included within the Term based upon the number of days of such partial month that are included within the Term; provided, however, that Landlord and Tenant hereby agree that Rent for the month for July 2016 shall not be prorated despite the fact that the Term of this Lease expires on July 27, 2016.  Tenant shall deliver one (1) check for Rent to Landlord each month accompanied by a letter or note that clearly indicates the address for the Premises.    

4.         Late Fees and Returned Check Fees.  If Rent is not paid by the fifth (5^th) day of the month, Tenant shall pay Landlord as additional rent a late fee in the amount of Fifty and No/100 Dollars ($50.00) per occurrence.  In addition to the aforementioned late fee, Tenant shall pay Landlord as additional rent a late fee in the amount of Fifteen and No/100 Dollars ($15.00) per day for each day that Rent remains unpaid following the fifth (5^th) day of each of month.  In the event that any check given to Landlord by Tenant is returned due to their being insufficient funds in Tenant's account, Tenant shall pay to Landlord a returned check fee in the amount of Fifty and No/100 Dollars ($50.00). 

5.         Security Deposit.  Upon execution of this Lease, Tenant has deposited the sum of ___________________________________ with Landlord to be held as security for the full and faithful performance of the terms and conditions of this Lease (the "Security Deposit").  Landlord may, but shall not be obligated to, apply all or portions of the Security Deposit on account of Tenant's obligations hereunder.  Landlord shall return the Security Deposit to Tenant less reasonable move out charges to bring the Premises into the condition in which it was delivered to Tenant within thirty (30) days following the expiration of this Lease provided that:

            (a)        Tenant fully performs the Move-Out Cleaning Requirements (as hereinafter defined) and Tenant's Move-Out Walkthrough (as hereinafter defined) does not reveal any damage to the Premises; 

            (b)        All amounts due from Tenant to Landlord, including all Rent and additional Rent, have been paid in full; and

            (c)        Tenant has paid all final bills for utilities serving the Premises in accordance with Section 8 hereof. 

Landlord may apply the Security Deposit to satisfy any of Tenant's obligations under this Lease, including, without limitation, (i) Tenant's obligation to pay Rent and all applicable late payment fees and returned check fees to Landlord, (ii) Tenant's obligation to maintain the Premises in accordance with Section 8 hereof, (iii) Tenant's failure to perform any of the Move-Out Cleaning Requirements or (iv) Tenant's failure to repair any damage noted on the Move-Out Walkthrough report provided by Landlord (subject to Tenant's right to inspect the Premises and dissent to such report in accordance with O.C.G.A §§ 44-7-33 and 44-7-34) .  Tenant may not apply the Security Deposit toward Tenant's obligation to pay Rent for the last month of the Term of this Lease. 

6.         Use and Occupancy.  The Premises shall be used solely as a residence and shall be occupied only by the persons that are party to this Lease.  Occupancy by guests staying over two (2) days shall be a violation of this Section 6.  No dogs, cats, birds, reptiles or pets of any kind shall be brought on the Premises without the prior written consent of Landlord.  In the event that Tenant allows a pet in the Premises then Tenant shall accept full financials responsibility for any damage to the Premises and pet may cause.  Furthermore, in the event that Tenant violates this pet policy then a written warning may be issued by the Landlord specifying the complaint and a One Hundred Fifty  and No/100 ($150.00) charge will be immediately dues and payable by Tenant to Landlord and the pet shall be immediately removed from the Premises.  Upon a second violation of this pet policy, a Three Hundred and No/100 ($300.00) charge will be immediately due and payable from Tenant to landlord, and the Landlord may at Landlord’s sole discretion declare this Lease to be in Default.  The charges contained herein for the pet policy constitute fees to cover administrative costs of handling a pet violation but do not cover damages or destruction due to urine, carpet repair etc.  Tenant shall comply with all laws, ordinances, restrictions and regulations of any relevant governmental body.

7.         Move-In Walkthrough.  Landlord and Tenant shall conduct a walkthrough of the Premises on the Commencement Date for the purpose of identifying any damage to the Premises that exists prior to Tenant taking possession of the Premises (the "Move-In Walkthrough").  Landlord and Tenant shall complete and execute the report attached hereto as Exhibit B in connection with the Move-In Walkthrough in order to properly document any damage to the Premises that exists prior to Tenant taking possession of the Premises.  Tenant shall be responsible for all damage to the Premises caused by Tenant's negligence or the negligence of Tenant's invitees or guests. 

8.         Maintenance and Repairs by Tenant.  Tenant shall at Tenant's own expense maintain the Premises at all times in a clean and sanitary manner including all floor surfaces, windows, doors, counter tops, sinks, toilets and cabinets therein and shall surrender the same, at the termination of this Lease, in as good condition as the same were in on the Commencement Date, normal wear and tear excepted.  Tenant shall be responsible for changing HVAC filters and bulbs in all light fixtures within the Premises.  Tenant shall be responsible for the cost of any repairs to the plumbing serving the Premises which are necessary as a result of Tenant's misuse or neglect.  Tenant agrees not to dispose of inappropriate items (tampons, paper towels, etc.) through the toilets or sink drains.  Tenant hereby agrees to maintain the temperature within the Premises at a level which will keep the plumbing pipes within the Premises from freezing.  Tenant shall be responsible for any damage to the Premises or to any other units within the same building as the Premises (including the property of any tenant occupying such units) resulting from the overflow of any sink, bathtub or toilet caused by Tenant's negligence or the breakage of any plumbing pipe caused by Tenant's failure to maintain the Premises at a reasonable temperature.  Tenant hereby agrees to clean the Premises in the manner described on Exhibit C attached hereto (the "Move-Out Cleaning Requirements") at the expiration or earlier termination of the Term of this Lease.  At the expiration or earlier termination of the Term of this Lease, Landlord and Tenant shall conduct a walkthrough of the Premises for the purpose of identifying any damage to the Premises occurring during the course of Tenant's tenancy (the "Move-Out Walkthrough").  Landlord shall complete the report attached hereto as Exhibit D as part of the Move-Out Walkthrough and provide Tenant with a copy of such report within three (3) days following the date of the Move-Out Walkthrough. 

9.         Maintenance and Repairs by Landlord.  Other than the maintenance and repairs which are the obligation of Tenant under Section 8 of this Lease, Landlord shall be responsible for making all necessary repairs to the Premises during the Term of this Lease.  Tenant shall provide Landlord with written notice of any repairs (except in the case of emergency repairs, which shall be reported by Landlord immediately by telephone) that need to be made to the Premises, and Landlord shall make such repairs with reasonable promptness following Landlord's receipt of such written notice.  Tenant shall be responsible for costs of all repairs caused by Tenant or Tenant's invitees or guests.      

10.       Alterations.  Tenant may install Tenant's furniture and hang pictures or posters on the interior walls of the Premises using tacks or nails that are less than 1/16^th of an inch in diameter (collectively, the "Authorized Alterations").  Tenant acknowledges that the interior walls of the Premises are made of either sheetrock or plaster, and Tenant agrees to use care in installing its pictures and posters so as not to damage such interior walls.  Tenant shall make absolutely no alterations to the Premises other than the Authorized Alterations without first obtaining Landlord's prior written consent.  Tenant shall not repaint the interior or exterior of the Premises a different color. 

11.       Locks.  Tenant shall not add, change, or in any way alter the locks installed on the doors of the Premises without the prior written consent of Landlord.  In the event that such consent is given, Tenant shall provide Landlord with two sets of keys for all doors to the Premises.  In the event that Tenant loses a key to the Premises and Landlord has to give Tenant a replacement key such replacement key shall cost Twenty Five No/100 Dollars ($25.00).  In the event that the Premises has to be rekeyed due to Tenant’s actions then the rekey shall cost Fifty and No/100 ($50.00).

12.       Smoke Detectors.  Tenant hereby acknowledges the presence of a working smoke detector(s) within the Premises.  Tenant agrees to test each smoke detector monthly, replace batteries when necessary, and notify Landlord immediately if any smoke detector fails to operate properly.  Tenant acknowledges that Tenant understands how to test and operate the smoke detector(s) on the Premises.

13.       Utilities.  Tenant shall be responsible for all utilities serving the Premises, which include electricity, water, cable television and trash removal service.  Tenant hereby agrees to pay all amounts due and owing for utilities serving the Premises in a timely manner throughout the Term of this Lease.  Tenant also agrees to keep HVAC running in the Premises for the duration of the Lease to keep the condition of the house up and to keep pipes from freezing.   

14.       Limitation of Liability.  Landlord shall not be liable for any damage or injury to Tenant, or any other person, or to any property occurring on the Premises or any part thereof unless such damage is the result of the negligence of Landlord, its agents or employees or Landlord's failure to perform its obligations under this Lease. 

15.       Indemnification by Tenant.  Tenant does hereby indemnify, release, and hold harmless Landlord and Landlord's agents from and against any and all suits, actions, claims, judgments, and expenses (including, without limitation, reasonable attorney's fees) arising out of or relating to any loss of life, bodily or personal injury, property damage, or other demand, claim or action of any nature arising out of or related to this Lease or Tenant's use and occupancy of the Premises. 

16.       Condemnation.  If the whole of the Premises, or such portion thereof as will make the Premises untenantable,  be condemned by any legally constituted authority for any public use or purpose, then in either of said events the Term hereby granted shall cease from the time when possession thereof is taken by public authorities, and Rent shall be accounted for as between Landlord and Tenant as of that date.  Such termination, however, shall be without prejudice to the rights of Landlord to recover compensation and damage caused by condemnation from the condemnor.

17.       Damage or Destruction.  If the Premises are totally destroyed or so substantially damaged as to be untenantable by storm, fire, earthquake, flooding, or other casualty, this Lease shall terminate as of the date of such destruction or damage, and Rent shall be accounted for as of that date between Landlord and Tenant.  If the Premises should be damaged but not rendered untenantable and Landlord decides to repair the Premises, then Tenant shall continue to pay Rent as normal under this Lease.  In the event that Landlord decides not to repair the Premises, then the Term of this Lease shall end and Rent shall be prorated as of the date of the damage.

18.       Assignment and Subletting.  Tenant may not assign or sublet this Lease or any interest hereunder without the prior written approval of Landlord, which Landlord may withhold in Landlord's sole and absolute discretion. 

19.       Default.  If Tenant shall fail to pay Rent when due or fails to perform any other obligation of Tenant hereunder, Landlord, at its option, may terminate all rights of Tenant hereunder, unless Tenant, within five (5) days after notice thereof, shall cure such default.   If Tenant abandons or vacates the Premises while in default of the payment of Rent, Landlord may consider any property left on the Premises to be abandoned and may dispose of the same in any manner allowed by law, without responsibility or liability therefor.  In the event Landlord reasonably believes that such abandoned property has no value, it may be discarded.  All property on the Premises is hereby subject to a lien in favor of Landlord for payment of all sums due hereunder to the maximum extent allowed by law.  In the event of a default by Tenant, Landlord may elect to either (a) continue the Lease in effect and enforce all its rights and remedies hereunder, including the right to recover Rent as it becomes due, or (b) at any time, terminate all of Tenant’s rights hereunder and recover from Tenant all damages Landlord may incur by reason of the breach of the Lease, including the cost of recovering the Premises and lost rents.

20.       Eviction.  Notwithstanding any other provisions of this Lease, if the Rent called for in Section 3 has not been received by 5:00 p.m. on the fifth (5^th) day of the month in which it is due, the Landlord shall have the right to assert all legal and contractual remedies to enforce this Lease and, without limitation to any other remedy, may take out a Dispossessory Warrant and have Tenant and Tenant's property evicted from the Premises.  Tenant shall at once surrender same to Landlord in as good condition as the Premises was in when accepted by Tenant, ordinary wear and tear excepted, and Tenant shall remove all of Tenant's property from the Premises.  Landlord may forthwith reenter the Premises and remove all persons and property therefrom using such force as may be necessary without being guilty of forcible entry or detainer, trespass, or other tort.

21.       Effect of Termination of Lease.  No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect Rent for the period prior to termination thereof or any other amounts due and payable by Tenant to Landlord hereunder.

22.       No Estate in Land.  This contract shall create the relationship of Landlord and Tenant between the parties hereto; no estate shall pass out of Landlord.  Tenant has only a usufruct, not subject to levy and sale, and not assignable by Tenant.