Common use of DEFAULT BY RESIDENT Clause in Contracts

DEFAULT BY RESIDENT. In the event Resident fails to make any rental payments herein provided within the time required, or in the event Resident (fails to comply with any other term, covenant, condition or agreement herein contained, or if Resident abandons the Premises (Resident's absence from the Premises for the period of time designated by applicable state law, while all or any portion of any rental payment is delinquent being deemed an "abandonment" of the Premises), Resident will be considered in default of this Lease. In the event of a default, Owner is entitled to pursue any rights or remedies provided by law. At the option of Owner, Owner may reenter and take possession of the Premises, and may relet same for the remainder of the term for the best rental which Owner may be able to attain without otherwise terminating the liability of Resident hereunder, in such event, Resident shall remain liable to Owner for any deficiency in the rent for the balance of the term of this Lease. In the event of a default, Owner may declare the entire unpaid rent for the term of this Lease to be immediately due and payable, and, at Owners option, take immediate action to recover and collect the same by any available procedure, which shall be in addition to any other rights of Owner under this Lease. In the event Owner terminates this Lease and reenters and takes possession of the Premises, or if Owner reenters and takes possession without terminating the Lease, and in either case removes the personal property of Resident therefrom, Owner shall have the right to place said property of Resident in storage, at Resident's expense, and may pursue any other legal remedies which Owner may have with respect to its lien on any such property of Resident. In addition to all other remedies provided herein, Resident agrees to, (i) compensate Owner for all reasonable costs and expenses necessary to enforce this Lease and any rights or remedies of Owner provided by law, in equity or by the provisions hereof, and (ii) permit Owner to collect the rent for damages for breach of this Lease, including, but not limited to, all court costs, reasonable attorney's fee incurred in connection therewith, as well as all reasonable expenses necessary for the removal of personal property therefrom and to the reletting or the attempted reletting of the Premises which shall include, but not be limited to, the costs of minor repairs and replacements, advertisements, brokerage fees and other expenses caused by Resident's breach of any of the terms of this Lease.

DEFAULT BY RESIDENT. In the event Resident resident fails to make any rental payments payment herein provided within the time required, or in the event Resident (resident fails to comply with any other term, covenant, condition or agreement herein contained, or if Resident resident abandons the Premises premises (Resident's ’s absence from the Premises premises for the period of time designated by applicable state law, while all or any portion of any rental payment is delinquent being deemed an "“abandonment" ” of the Premisespremises), Resident will be considered in default Manager, at its option, may enforce the performance of this Leaselease in any manner provided by law, or may give notice to resident of its election to terminate this lease if such default continues for a period of three (3) days from and after the date of notification by Manager to resident of such default or such period of time as mandated by law. In the event the Manager elects to give such notice, and resident fails to comply with all of a defaultresident’s obligations under the terms of this lease within such notice period, Owner is entitled then and in such event, Manager may terminate this lease, and thereupon shall have the right, in person or by its agent or attorney; without further notice or demand, to pursue re-enter the premises and to remove all persons and all property there from, without prejudice to any other legal rights or remedies provided by lawwhich Manager may assert under the terms and provisions hereof. Such right of re-entry and removal shall be in addition to Manager’s right after abandonment of resident, to remove all property of resident from the premises, which removal will not be in derogation of the continuing validity of the lease, if Manager does not elect to terminate the lease. At the option of OwnerManager, Owner Manager may reenter re-enter and take possession of the Premisespremises, and may relet re-let same for the remainder of the term for the best rental which Owner Manager may be able to attain without otherwise terminating the liability of Resident resident hereunder, and in such event, Resident resident shall remain liable to Owner Manager for any deficiency in the rent for the balance of the term of this Leaselease. In the event of a default, Owner may declare the entire unpaid rent for the term of this Lease to be immediately due and payable, and, at Owners option, take immediate action to recover and collect the same by any available procedure, which shall be in addition to any other rights of Owner under this Lease. In the event Owner Manager terminates this Lease lease and reenters re-enters and takes possession of the Premisespremises, or if Owner reenters Manager re-enters and takes possession without terminating the Leaselease, and in either case removes the personal property of Resident therefromresident there from, Owner Manager shall have the right to place said property of Resident resident in storage, at Resident's resident’s expense, and may pursue any other legal remedies which Owner Manager may have with respect to its lien on any such property of Residentresident. In addition addition, to all other remedies provided herein, Resident resident agrees to, (i) to compensate Owner Manager for all reasonable costs and expenses necessary to enforce this Lease lease and any rights or remedies of Owner Manager provided by law, in equity or by the provisions hereof, and (ii) permit Owner to collect the rent for or damages for breach of this Leaselease, including, but not limited to, all court costs, reasonable attorney's fee ’s fees incurred in connection therewith, . as well as all reasonable expenses necessary for the removal of personal property therefrom there from and to the reletting re-letting or the attempted reletting re-letting of the Premises premises which shall include, but not be limited to, the costs of minor repairs and replacements, advertisementsadvertising, brokerage fees and other expenses caused by Resident's resident’s breach of any of the terms and provisions of this Leaselease.

DEFAULT BY RESIDENT. The failure by Resident to have sufficient funds in the designated account available for ACH withdrawal when due under this lease, constitutes an event of default for nonpayment of rent. In the event Resident fails of default other than nonpayment of rent including without limitation disorderly behavior, damage to make any rental payments herein provided landlord's property, loud or offensive behavior (particularly behavior that results in complaints from the neighbors), Landlord will give a 10 day notice and an opportunity to cure the default. If the default cannot be cured within the time required, or in the event Resident (fails to comply with any other term, covenant, condition or agreement herein contained, 10 days or if Resident abandons the Premises default is a repeat behavior event (Residente.g., disorderly behavior). Landlord may, in its absolute and uncontrolled discretion, terminate the lease or may extend the time to cure the default before terminating the lease and seeking appropriate remedies (e.g., eviction, property damage reimbursement etc.). By providing one or more warnings to avoid termination, Landlord does not waive landlord's absence from right to terminate the Premises for the period of time designated by applicable state law, while all or any portion lease immediately and without warning as a result of any rental payment is delinquent being deemed an "abandonment" of the Premises), Resident will be considered in default of this Leasesubsequent default. In the event of a default, Owner is entitled to pursue any rights or remedies provided by law. At the option of Owner, Owner may reenter and take possession of the Premises, and may relet same for the remainder of the term for the best rental which Owner may be able to attain without otherwise terminating the liability of Resident hereunder, in such event, Resident shall remain liable to Owner for any deficiency in the rent for the balance of the term of this Lease. In the event of a default, Owner may declare the entire unpaid rent for the term of this Lease to be immediately due and payable, and, at Owners option, take immediate action to recover and collect the same by any available procedure, which shall be in addition to any other rights of Owner under this Lease. In the event Owner terminates this Lease and reenters and takes possession of the Premises, or if Owner reenters and takes possession without terminating the Lease, and in either case removes the personal property of Resident therefrom, Owner shall have the right to place said property of Resident in storage, at Resident's expense, and may pursue any other legal remedies which Owner may have with respect to its lien on any such property of Resident. In addition to all other remedies provided herein, Resident agrees to, (i) compensate Owner for all reasonable costs and expenses necessary to enforce this Lease and any rights or remedies of Owner provided by law, in equity or by the provisions hereof, and (ii) permit Owner to collect the rent for damages for breach default of this Lease, includingnothing in this lease is intended to limit Landlord's remedies which are intended to be cumulative and include all remedies which may be permitted by law By initialing below, but not limited to, you acknowledge and agree to the terms in Section 4. X Initial Here 5. Co-signer Form 5.1 CO-SIGNER UNCONDITIONAL GUARANTEE OF LEASE OBLIGATION I/we the undersigned co-signer(s) hereby guarantee the prompt payment of the Rent as defined therein and the full performance of Resident obligations in the Lease and all court costs, reasonable attorney's fee incurred Resident obligations arising in connection therewithand from any extension or renewal of Lease, as well fully as if we were co-signing as Residents under the Lease. I/we understand, by signing this guarantee, that I/we as co-signers are receiving a benefit for Landlord entering into the Lease and if Resident fails to pay rent or otherwise breaches the Lease, I/we am/are legally and unconditionally liable, as principals for any and all reasonable expenses necessary claims and liability for the removal which Resident would be legally obligated as a result of personal property therefrom said Resident’s default or breach. I/we waive any and all rights to the reletting or the attempted reletting of the Premises require Landlord to first pursue recovery from Resident and waive any and all defenses other than those which shall include, but not could be limited to, the costs of minor repairs and replacements, advertisements, brokerage fees and other expenses caused asserted by Resident's breach . I/we certify that the below listed information is true and accurate and hereby agree to allow Venice Properties, LLC, their agents, employees and/or representatives to run any and all necessary credit reports and verification. THIS GUARANTEE IS ABSOLUTE AND UNCONDITIONAL. Co-signer is responsible for 1/ «Number of Residents for Cosigner form» of lease agreement for <<Unit Address>>or an equal fractional amount based on the number of residents including any of the terms of this Leaseterm extension or renewal.

DEFAULT BY RESIDENT. In the event If Resident fails to make pay Rent or other lawful charges when due or gives false information on any rental payments herein provided within the time requiredapplication for rental, or in the event Resident (fails if Resident, Occupants or their guests fail to comply with any other term, covenant, covenant or condition or agreement herein contained, or if Resident abandons the Premises (Resident's absence from the Premises for the period of time designated by applicable state law, while all or any portion of any rental payment is delinquent being deemed an "abandonment" of the Premises), Resident will be considered in default of this Lease, Owner may pursue any rights or remedies provided by applicable law. (See attached State Addendum for additional provisions.) In addition to the foregoing, in the event Resident defaults under this Lease, Resident shall be liable to the fullest extent allowed by applicable law for repayment of the value of any rent concessions received by Resident and for any court costs and reasonable attorneys fees incurred by Owner to enforce this Lease (including any attorneys’ fees in any court action in which the Owner prevails) plus interest on all unpaid amounts at the rate of eighteen percent (18%) per annum from the due date until paid. Provided, however, if the assessment of interest at the rate of eighteen percent (18%) per annum violates applicable usury laws, the parties agree that the rate of interest on all unpaid amounts shall be the maximum rate allowed by applicable law, and Resident will not be required to pay interest or other amounts in excess of the amount allowed by applicable law. In the event of a default, Owner is entitled to pursue any rights or remedies provided by law. At may, but shall not be obligated to, accelerate the option of Owner, Owner may reenter and take possession of the Premises, and may relet same rent for the remainder of the term for the best rental which Owner may be able to attain without otherwise terminating the liability of Resident hereunder, in such event, Resident shall remain liable to Owner for any deficiency in the rent for the balance of the term of this Lease. In the event of a default, Owner may declare the entire unpaid rent for the term of this Lease to be immediately or hold Resident responsible for rent and other charges on a monthly basis until the end of the Lease term as rent and other charges become due. Amounts due and payable, and, at Owners option, take immediate action to recover and collect the same by any available procedure, which shall be in addition are subject to any duty Owner has under applicable law to mitigate damages. Owner may report unpaid Rentals or other rights of Owner under this Lease. In charges to the event Owner terminates this Lease and reenters and takes possession of the Premises, or if Owner reenters and takes possession without terminating the Lease, and applicable credit reporting agencies for recordation in either case removes the personal property of Resident therefrom, Owner shall have the right to place said property of Resident in storage, at Resident's expense, and may pursue any other legal remedies which Owner may have with respect to its lien on any such property of Residentcredit record. In addition to all other remedies provided herein, Resident agrees to, (i) compensate Owner for all reasonable costs and expenses necessary to enforce this Lease and any rights or remedies of Owner provided by law, in equity or by the provisions hereof, and (ii) permit Owner to collect the rent for damages for breach of this Lease, including, but not limited to, all court costs, reasonable attorney's fee incurred in connection therewith, as well as all reasonable expenses necessary for the removal of personal property therefrom and to the reletting or the attempted reletting of the Premises which shall include, but not be limited to, the costs of minor repairs and replacements, advertisements, brokerage fees and other expenses caused by Resident's breach of any of the terms of this LeaseRESIDENT HEREBY AUTHORIZES OWNER OR OWNER’S AGENTS TO OBTAIN AND HEREBY INSTRUCTS ANY CONSUMER REPORTING AGENCY TO FURNISH A CONSUMER REPORT UNDER THE FAIR CREDIT REPORTING ACT TO OWNER OR OWNER’S AGENTS TO USE SUCH CONSUMER REPORT IN ATTEMPTING TO COLLECT ANY AMOUNTS DUE AND OWING UNDER THIS LEASE OR FOR ANY OTHER PERMISSIBLE PURPOSE.

DEFAULT BY RESIDENT. In Resident will be considered in default of the event Lease if: (a) Resident fails to make pay Rent or other lawful charges when due; (b) Resident moves out of the Exclusive Space prior to the expiration of the term of this Lease; (c) Resident gives false information on any rental payments herein provided within the time required, application for rental; (d) Resident or in the event Resident (fails guests fail to comply with any other term, covenant, covenant or condition of this Lease or agreement herein contained, or if the Apartment and Community Guidelines; (e) Resident abandons the Premises Exclusive Space; (Resident's absence from the Premises for the period f) Resident or guests violates any fire, safety, health, or criminal laws, regardless of time designated by applicable state lawwhether or where arrest or conviction occurs; (f) Resident or guests, while all in bad faith, make an invalid complaint to an official or employee of a utility company; or (g) Resident or guests engage in any portion of any rental payment is delinquent being deemed an "abandonment" of the Premises), Resident will be considered prohibited conduct described in default Section 9 of this Lease. In the event of a If Resident is in default, Owner is entitled to may pursue any rights or remedies provided by this Lease or applicable law. At the option of Owner, Owner may reenter and take possession of the Premisesincluding legal action for lease termination, possession, damages, rent, and may relet same for the remainder of the term for the best rental which Owner may be able to attain without otherwise terminating the liability of Resident hereunder, in such event, Resident shall remain liable to Owner for any deficiency in the rent for the balance of the term of this Lease. In the event of a default, Owner may declare the entire unpaid rent for the term of this Lease to be immediately due and payable, and, at Owners option, take immediate action to recover and collect the same by any available procedure, which shall be in addition to any all other rights of Owner under this Lease. In the event Owner terminates this Lease and reenters and takes possession of the Premises, or if Owner reenters and takes possession without terminating the Lease, and in either case removes the personal property of Resident therefrom, Owner shall have the right to place said property of Resident in storage, at Resident's expense, and may pursue any other legal remedies which Owner may have with respect to its lien on any such property of Residentmoneys due. In addition to all other remedies provided hereinthe foregoing, in the event Resident defaults under this Lease, to the fullest extent allowed by applicable law, Resident agrees to, (i) compensate Owner will be liable for all reasonable any court costs and expenses necessary reasonable attorney's fees incurred by Owner to enforce this Lease plus interest on all unpaid amounts at the maximum rate of legal interest from the due date until paid. Owner may report unpaid Rent or other charges to the applicable credit reporting agencies for recordation in Resident's credit record. Resident hereby authorizes Owner or Owner's agents to obtain and hereby instructs any rights consumer reporting agency designated by Owner or remedies of Owner's agents to furnish a consumer report under The Fair Credit Reporting Act to Owner or Owner's agents to use such consumer report in attempting to collect any amounts due and owing under the Lease or the Guaranty or for any other permissible purpose. Unless otherwise provided by lawlaw or unless Owner agrees in writing, Resident has no right to be released from the obligations contained in equity or by the provisions hereof, and (ii) permit Owner to collect the rent for damages for breach of this Lease, including, but not limited to, all court costs, reasonable attorney's fee incurred including a situation in connection therewith, as well as all reasonable expenses necessary for the removal which Resident fails to obtain a required signature of personal property therefrom and to the reletting or the attempted reletting a guarantor on a Guaranty of the Premises which shall include, but not be limited to, the costs of minor repairs and replacements, advertisements, brokerage fees and other expenses caused by Resident's breach of any of the terms of this Leaseobligations.

DEFAULT BY RESIDENT. The failure by Resident to pay electronically the funds when due under this lease, constitutes an event of default for nonpayment of rent. In the event Resident fails of default other than nonpayment of rent including without limitation disorderly behavior, damage to make any rental payments herein provided landlord's property, loud or offensive behavior (particularly behavior that results in complaints from the neighbors), Landlord will give a 10 day notice and an opportunity to cure the default. If the default cannot be cured within the time required, or in the event Resident (fails to comply with any other term, covenant, condition or agreement herein contained, 10 days or if Resident abandons the Premises default is a repeat behavior event (Residente.g., disorderly behavior). Landlord may, in its absolute and uncontrolled discretion, terminate the lease or may extend the time to cure the default before terminating the lease and seeking appropriate remedies (e.g., eviction, property damage reimbursement etc.). By providing one or more warnings to avoid termination, Landlord does not waive landlord's absence from right to terminate the Premises for the period of time designated by applicable state law, while all or any portion lease immediately and without warning as a result of any rental payment is delinquent being deemed an "abandonment" of the Premises), Resident will be considered in default of this Leasesubsequent default. In the event of a default, Owner is entitled to pursue any rights or remedies provided by law. At the option of Owner, Owner may reenter and take possession of the Premises, and may relet same for the remainder of the term for the best rental which Owner may be able to attain without otherwise terminating the liability of Resident hereunder, in such event, Resident shall remain liable to Owner for any deficiency in the rent for the balance of the term of this Lease. In the event of a default, Owner may declare the entire unpaid rent for the term of this Lease to be immediately due and payable, and, at Owners option, take immediate action to recover and collect the same by any available procedure, which shall be in addition to any other rights of Owner under this Lease. In the event Owner terminates this Lease and reenters and takes possession of the Premises, or if Owner reenters and takes possession without terminating the Lease, and in either case removes the personal property of Resident therefrom, Owner shall have the right to place said property of Resident in storage, at Resident's expense, and may pursue any other legal remedies which Owner may have with respect to its lien on any such property of Resident. In addition to all other remedies provided herein, Resident agrees to, (i) compensate Owner for all reasonable costs and expenses necessary to enforce this Lease and any rights or remedies of Owner provided by law, in equity or by the provisions hereof, and (ii) permit Owner to collect the rent for damages for breach default of this Lease, includingnothing in this lease is intended to limit Landlord's remedies which are intended to be cumulative and include all remedies which may be permitted by law By initialing below, but not limited to, you acknowledge and agree to the terms in Section 4. X Initial Here 5. Co-signer Form 5.1 CO-SIGNER UNCONDITIONAL GUARANTEE OF LEASE OBLIGATION I/we the undersigned co-signer(s) hereby guarantee the prompt payment of the Rent as defined therein and the full performance of Resident obligations in the Lease and all court costs, reasonable attorney's fee incurred Resident obligations arising in connection therewithand from any extension or renewal of Lease, as well fully as if we were co-signing as Residents under the Lease. I/we understand, by signing this guarantee, that I/we as co-signers are receiving a benefit for Landlord entering into the Lease and if Resident fails to pay rent or otherwise breaches the Lease, I/we am/are legally and unconditionally liable, as principals for any and all reasonable expenses necessary claims and liability for the removal which Resident would be legally obligated as a result of personal property therefrom said Resident’s default or breach. I/we waive any and all rights to the reletting or the attempted reletting of the Premises require Landlord to first pursue recovery from Resident and waive any and all defenses other than those which shall include, but not could be limited to, the costs of minor repairs and replacements, advertisements, brokerage fees and other expenses caused asserted by Resident's breach . I/we certify that the below listed information is true and accurate and hereby agree to allow Venice Properties, LLC, their agents, employees and/or representatives to run any and all necessary credit reports and verification. THIS GUARANTEE IS ABSOLUTE AND UNCONDITIONAL. Co-signer is responsible for 1/Number of Residents for Cosigner form of lease agreement for <<Unit Address>>or an equal fractional amount based on the number of residents including any of the terms of this Leaseterm extension or renewal.