STATE OF SOUTH CAROLINA
LONG TERM RESIDENTIAL LEASE AGREEMENT
COUNTY OF BEAUFORT
THIS RESIDENTIAL LEASE AGREEMENT (hereinafter "Lease") made and entered into this ____ day of __________, 200_ by and between S. Hines of Myrtle Beach / Hilton Head, South Carolina (hereinafter "Landlord") and ___________________________ of ______________________, _________________________________ (hereinafter "Tenant").
WHEREAS, Landlord is desirous of leasing to Tenant and Tenant is desirous of leasing from Landlord a house at _________________, Hilton Head Island, Beaufort County, South Carolina ___________ (hereinafter "Premises").
NOW, THEREFORE for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
- That Landlord, in consideration of the rent reserved herein to be paid by said Tenant and of the covenants, agreements, and conditions hereinafter contained to be kept, performed and observed by said Tenant, does hereby let and lease unto said tenant the Premises known as ________________________, Hilton Head Island or Myrtle Beach, South Carolina _________, to be used and occupied by said Tenant as a residence, and for no other purposes for the term of ____ year (___ months), beginning _________ 200_ and ending __________ 200_. If either Landlord or Tenant does not wish to renew this Lease, that party not wishing to renew shall notify the other party in writing not less than sixty (60) days written notice of termination, Tenantís notice to be accompanied with the rent payment.
- That Tenant, in consideration of the use of the Premises and of the covenants and agreements made by the Landlord, leases said Premises and does hereby promise to pay Landlord, as a rental, the sum of _________-Hundred Dollars ($1,__0.00) in lawful money of the United States, payable in advance for _______ (__) consecutive monthly installments. Rent shall be paid at the address of the Landlord set above or at such other address, as Landlord shall provide to Tenant hereinafter in writing. In the event rent is not paid within five (5) calendar days after the second day of each month ("the Due Date"), Tenant agrees to pay a late charge of Ten Dollars ($10.00) per day beginning on the seventh calendar day after Due Date, and continuing until the rent is paid in full, and payment made after such five (5) day period without the late charges added thereto shall be deemed default hereunder by Tenant. After 10 days when rent was due, landlord may initiate ejectment proceedings with the Beaufort County Magistrate against tenant, per SC law. Tenant will be given a written notice to vacate premises within 10 days after the 10th day when rent was due. It tenant moves out early relative to this lease agreement or misses a monthly payment in full after 10 business days when rent was due, then Landlord may also proceed with filing a small claims with Magistrate against tenant and any legal actions necessary to recoup unpaid rent for the full term of this lease, until: a new replacement tenant is approved, paid deposit and first months rent, and has moved in subject house. Tenant acknowledges that Tenant has examined and knows the condition of the Premises and has received the same in good order and repair and Tenant will leave the Premises in like good condition.
Tenant acknowledges that Tenant has examined and knows the condition of the Premises and has received the same in good order and repair and Tenant will leave the Premises in like good condition.
- A security deposit of ______________-Hundred Dollars ($1,__0.00) and no ($0) pet deposit may be refunded to Tenant within thirty (30) days after Premises has been vacated by Tenant, upon approval by Landlord. If upon inspection the Premises are found to be in as good condition as at the beginning of the Lease, normal wear and tear accepted, and provided the covenants, agreements, and conditions on the part of Tenant have been complied with entirely. In the event damages to the Premises are found, such damages shall be repaired using such security deposit to the full extent of such deposit if necessary. Tenant shall be given written confirmation of the damages, estimates and actual invoices as such become available. The security deposit is not any part of the rent herein reserved, and consequently cannot be credited towards the final monthís rent.
- Tenant shall use and occupy the Premises solely for the purpose of Tenantís personal residence and for no other purposes whatsoever. Tenant further agrees that he will not allow anyone to share said Premises, keep roomers or boarders, nor assign, sublet or transfer said Premises or any part thereof without Landlordís written consent. Tenant recognizes that this restriction of the type of use of the leased Premises and the type of occupants are a material consideration for Landlord to enter into this Lease. Tenant further agrees that he shall not use or occupy the Premises in violation of any law, ordinance, regulation, or of any violation of the terms and provisions of any applicable master deed of which the Premises may be a part.
- No alterations, additions, or improvements to the leased Premises may be made by Tenant without the prior written consent shall have been given, and any fixtures installed as a part thereof, shall at Landlordís option become the property of Landlord upon the termination of this Lease; provided; however, that Landlord shall have the right to require Tenant to remove such fixtures and repair any damages to the Premises caused by such removal at Tenantís cost upon the termination of this Lease.
- Tenant shall be responsible for the payment of all utilities including, but not limited to, electricity, telephone, water, refuse pick-up, propane, cablevision, etc. In no event shall Landlord be liable for any interruption or failure in the supply of such utilities to the Premises. Landlord shall be responsible for the payment of taxes, casualty insurance, and annual assessments. Tenant shall be responsible for Tenantís or renterís insurance to the extent Tenant deems necessary.
- Tenant agrees to keep and maintain the Premises in good and clean condition, excepting reasonable wear and tear, and to make no alterations or additions thereon without the written consent of the Landlord. It is especially understood that Tenant will maintain the following items at his own expense: maintain the sinks, lavatories and commodes open, replace all broken windows, repair any damage to interior or exterior walls, keep walls clean and free of mold, equipment, appliances, electrical or plumbing fixtures, screens, doors, yard and other furnishings, keep lawn and shrubbery trimmed, pest control, gutters cleaned, outside grounds free from unsightly objects and other debris, pay for any service to heating and air conditioning systems caused by Tenantís inadequate supply of fuel, and repay Landlord for the cost of all repairs made necessary by negligent or careless use of said Premises. Tenant agrees to promptly accomplish, at Tenantís expense, all minor repairs and replacements to the Premises, including the fixtures and appliances, as well as repairs caused by Tenant or be any guest or invitee of Tenant. For purposes of this Lease, minor repairs and replacements are defined as including, but not limited to, broken window glass, repair or damage to interior walls, ceiling, and floor coverings, plumbing repairs such as clogged toilets and drains, repairs to appliances, and any other household type repairs excepting only such resulting from normal wear and tear. Tenant is responsible for the acts of vandals or burglars. Tenant agrees to promptly report any repairs that need to be made to the property. No Tenant-incurred expenses shall be deducted from the monthly rent under any circumstances whatsoever. Indiscriminate hanging of pictures, decorative plates, pennants, plaques, stick-on posters, and emblems or other items of a similar nature shall be treated as damages and the security deposit referred to in Section 3 shall be forfeited in whole or in part as necessary. Tenant is also responsible for acts of his children, pets, or visitors. Repairs that are the responsibility of the Landlord will be made at the Landlord's discretion. No pets shall be brought on the Premises without prior written consent of the Landlord.
Tenant agrees to promptly accomplish, at Tenantís expense, all minor repairs and replacements to the Premises, including the fixtures and appliances, as well as repairs caused by Tenant or be any guest or invitee of Tenant. For purposes of this Lease, minor repairs and replacements are defined as including, but not limited to, broken window glass, repair or damage to interior walls, ceiling, and floor coverings, plumbing repairs such as clogged toilets and drains, repairs to appliances, and any other household type repairs excepting only such resulting from normal wear and tear. Tenant is responsible for the acts of vandals or burglars. Tenant agrees to promptly report any repairs that need to be made to the property. No Tenant-incurred expenses shall be deducted from the monthly rent under any circumstances whatsoever. Indiscriminate hanging of pictures, decorative plates, pennants, plaques, stick-on posters, and emblems or other items of a similar nature shall be treated as damages and the security deposit referred to in Section 3 shall be forfeited in whole or in part as necessary. Tenant is also responsible for acts of his children, pets, or visitors. Repairs that are the responsibility of the Landlord will be made at the Landlord's discretion. No pets shall be brought on the Premises without prior written consent of the Landlord.
- Tenant covenants that neither Landlord nor his agent shall be liable for any damages or injury to Tenant, Tenantís family, guests, agents, or employees, or to any person entering the Premises or building or which the demised Premises are a part, or to goods or chattels therein resulting from any defect in the structure or its equipment of the structure of which the demised Premises are a part, and, further to indemnify and save Landlord blameless from any and all claims of every kind and nature.
- Tenant shall place all garbage and trash into closed containers. Tenant will keep all windows and doors closed during inclement weather.
- Landlord and its agents Landlord shall have the right to enter the Premises at all reasonable times for the purpose of examining or inspecting the same, showing the same to prospective Tenants, and making such alterations, repairs, improvements, or additions to the Premises as Landlord may deem necessary or desirable, whether or not required of Landlord hereunder.
It is agreed that the Landlord shall keep in his possession for these purposes, a key to the Premises, if at any time, the Tenant changes the key lock, then a working copy of that key shall be given within two (2) days or sooner to the Landlord to insure his access in case of emergencies.
- Upon Tenantís paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenantís part to be observed and performed hereunder. Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all of the provisions of this Lease Agreement.
- Tenant agrees that no activity which is illegal, immoral, or of a nature reasonably likely to be offensive to the neighbors, or which constitutes a nuisance, shall take place in or upon the Premises by Tenant or with the knowledge or consent, express or implied, of Tenant.
- It is agreed by and between Landlord and Tenant that if the whole or any part of said Premises hereby leased shall be taken by a competent authority for any public or quasi-public use or purpose, then and in that event, the term of this Lease Agreement shall cease and terminate from the date when the possession of the part so taken shall be required for such use and purpose. All damages awarded for such taking shall belong to and be property of Landlord.
- Upon the failure of Tenant to make any payment of rent when it is due, or if Tenant should breach any other covenant, agreement, or condition herein contained, or if the Premises are abandoned, deserted, or vacated, then, at the option of the Landlord or his agents, this Lease shall immediately terminate, without notice or demand to Tenant, and Landlord may re-enter and repossess the said Premises and remove and put out Tenant and each and every occupant. Upon 10 days written notice to Tenant, Landlord may terminate this agreement for convenience with or without cause at the Landlord's sole discretion, in the event of irreconcilable differences or breach of this contract. In the event of re-entry by landlord, it is herein provided that Tenant shall be liable in damages to said Landlord for all loss sustained. Tenant shall have no further claims against Landlord.
- If during the term of this Lease, the Premises should be partially destroyed by fire, or other causality, Landlord shall make whole any damage to the structure with all reasonable diligence and without interruption of tenancy. If, however, the Premises sustain a fire, or other casualty, that render the Premises uninhabitable, then the Lease would terminate and the rent would cease to accrue as of the date of destruction. In the event of fire, or other casualty, Tenant is to notify Landlord at once. Tenant is responsible for damages, including, but not limited to fire or other casualty, caused by Tenant or Tenantís guests, family, agents, or employees.
- Each of Tenantís covenants herein is to be considered a material provision hereof and time is of the essence with respect to the performance of every provision of this Lease and the strict rights to remain in possession of the Premises or to have this in effect.
- Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiations of this Lease and that they know of no real estate broker or agent who is or might be entitled to a commission in connection with this Lease. Tenant agrees to indemnify and hold Landlord harmless from and against any and all claims for such commissions.
- No waiver by Landlord of any provision of this Lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provision. Landlordís consent to or approval of any act by Tenant shall not be deemed to render unnecessary the obtaining of Landlordís consent to or approval of any subsequent act. No agreement to accept Tenantís surrender of the Premises shall be valid unless in writing and signed by Landlord.
- Except as otherwise provided in this Lease, all of the covenants, conditions, and provisions of this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives executors, administrators, successors, and assigns.
- Following notification under Section 1 hereof, Tenant understands that Landlord will attempt to lease the Premises and agrees to allow the Premises to be shown to prospective renters during the last two months of the term hereof. Tenant agrees to maintain the condition of the Premises in a neat and reasonable condition for viewing by prospective renters and to cooperate fully with Landlord in this regard.
- In the event that either party finds it necessary to enforce this Lease, or collect rental or other damages, through an attorney or in a legal action, the party from whom payment of damages is recovered, shall be obligated to pay all expenses of the successful party, including reasonable legal fees. Owner has authority to terminate your stay immediately and remove you from our rental home, if you significantly breach either our home or HOA rules, as per SC Rule to Vacate and Writ of Ejectment laws served by local police.
- Any provision of this lease which shall provide to be invalid, void, illegal shall in no way affect, impair, or invalidate any other provision hereof and such provision shall remain in full force and effect.
- See Addendum on next page.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.
ADDENDUM - TENANTíS ACKNOWLEDGEMENTS
- The Tenant will deposit with the Landlord the sum of $1,__0.00 Security Deposit and $0 pet deposit. The money so deposited shall remain with the Landlord as security for the faithful performance by the Tenant of all of the terms of this Lease Agreement. The Landlord shall deduct from the deposit the cost of any repairs made necessary by Tenantís negligence, or to clean the Premises upon termination of this Lease.
Tenant may receive the balance of the Security Deposit following a joint inspection in which Landlord and Tenant perform a "walk through" inspection within 30 days of Tenantís vacating the Premises. Tenant must be present at "walk through" in order to receive any Security Deposit. Refund of Security Deposit is at Landlordís discretion.
- Any material misrepresentation of any facts contained in the Rental Application or otherwise shall be default hereunder.
- Tenant will be responsible for minor repairs (as defined in the Lease Agreement) and for lawn and yard maintenance. If the yard is not maintained or any if any complaints are filed, Landlord will contract for such maintenance and the Tenant will be charged $100.00 per month for the balance of the Lease. In the event such items are not accomplished by Tenant, Landlord may address, then deduct the costs so incurred from Tenantís Security Deposit.
- Tenant acknowledges and agrees that in the event Tenant fails to pay the rent or Security Deposit owed hereunder for a period of 10 days following the due date, Landlord may accelerated the sums owed hereunder and may pursue the immediate eviction of Tenant to which Tenant specifically agrees and acknowledges that Landlord shall be entitled.
- In the case that the Tenant does not take possession of the house or does not move in, or breaks lease, or moves out early, then any Security Deposit paid will not be refunded.
- Tenant may sublet this Lease with the written approval of the new Tenant by the Landlord. It will be the Tenantís responsibility to advertise and interview the Tenant who will assume this Lease or sign a new one-year lease.
- Renter accepts our rental home ďAs Isď, and as you viewed it before your stay and as shown on our website, which all of our pictures, info, text, virtual tours, videos, etc. are all actual, recent and accurate to the best of our ability. If you donít like our rental home for any reason, please we would rather you not rent it.
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IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.
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