RENTAL AGREEMENT - PREVOST APARTMENTS

STATE OF SOUTH CAROLINA, Greenville County

__X__New Lease;   ____Lease Renewal.  Property address:  ______________ Greenville, SC 29601

 This Rental Agreement is entered into between   PREVOST APARTMENTS, LLC, hereinafter known as LANDLORD and ______________  hereinafter known as TENANT.

 In consideration of the rent to be paid by Tenant to Landlord, the parties agree as follows:

1. PROPERTY. The property which is the subject of this Rental Agreement consists of the land and buildings located thereon and is known generally as Prevost Apartments, LLC.
2. OCCUPANTS.  Occupants of the property shall be limited to the names listed on this lease and no other.
3. TERMS.  The Landlord leases the premises to the Tenant subject to the provisions of this Rental Agreement for a term of 12 months starting  _______ and ending  on ________  The Tenant agrees to vacate the property on the ending date leaving it clean and in good condition, free of Tenant’s personal property, garbage and other waste, and to return the key(s) to the Landlord., unless the lease is renewed.
4. RENT. The rent for the term of this lease  is payable in monthly installments of  _____without demand, at Prevost Apartments, LLC, 4129 Chisolm Rd, Johns Island, SC 29455 or at such other place as the Landlord may designate in writing. First month’s rent (or the pro rata amount) is due prior to moving into the apartment.
5. LATE CHARGES AND RETURNED CHECKS.  Rent is due in advance on the 1^st day of the month.  If rent is not RECEIVED  by the 5^th of the month a 10% late fee _____ shall be added.  If rent is not postmarked by the 10^th of the month, an additional 10% late fee ______ shall be added.  If rent, plus all applicable late fees, is not received by the 20^th of the month, the Landlord may declare this rental agreement void and immediately terminated.   Returned checks shall be subject to a charge of $25 plus late charges, if payment is not made good before the 5^th of the month.  Any check returned for insufficient funds automatically requires that Tenant pay rent (plus all applicable late fees) in cash, Money order or Cashier’s check.  Furthermore, any check returned for insufficient funds may cause the Landlord to declare this rental agreement void and immediately terminated.
6. SECURITY. The sum of ______ (equal to one month’s rent) will be paid by the Tenant upon execution of this agreement and prior to occupancy to be held by Landlord until the termination of this tenancy, or as otherwise agreed, as security for the full and faithful performance by Tenant of all the terms of this agreement.  Landlord is given permission to place said security deposits with other security deposits in a trust account and to deduct therefrom the cost of any cleaning or repairs made necessary by negligence or abuse/misuse of property by Tenant and/or any accrued rent or other charges.  Tenant may not use Security deposit as payment of any rents or charges due under this agreement.  Security deposits or the remaining portion thereof will be returned within thirty (30) days after the termination of this tenancy.  Deductions, if any, will be itemized and reported to Tenant in writing.  To receive a refund within this time, Tenant shall provide Landlord, in writing, with a forwarding address where the deposit shall be sent.  In the event the security deposit is not sufficient to pay all charges due, Tenant shall pay said charges within five (5) working days after receiving notice from Landlord.
7. POSSESSION. If there is a failure to deliver possession of the premises at the commencement of this lease, the monthly rental provided shall be abated pro-rata on a daily basis and shall not be due until occupancy is available.  Lease is subject to property being available by  N/A. Landlord shall not have any liability for delay in possession.
8. INSPECTION.  It is agreed that the check out inspection will be made within seven (7) working days after Tenant has completely vacated the premises and notified Landlord in writing.  Said inspection to be conducted between the hours of 9 AM and 5 PM Monday – Friday.  No inspection will be made on holidays or weekends, and utilities must be left on for this inspection.  Tenant may be charged if a return visit of the Landlord is necessary due to Tenant not being ready to check out.  Tenant has a right to be present during the inspection and Tenant’s failure to appear at the mutually agreed upon time, shall constitute the Tenant’s agreement to accept the Landlord’s report as conclusive and final.
9. PETS.  Tenant shall not keep any dogs on the premises but is allowed one indoor cat as provided under the Property and Rent Rules. The Cat is not allowed to roam outdoors.  Tenant shall be responsible for the cat, its behavior, and any damage done by the animal.  The landlord will have the right to withdraw consent and demand removal of previously permitted animal upon the first complaint registered against such animal or upon evidence of injury or damage to person or property by the animal. 

10. CONDITIONS OF PREMISES.  Tenant acknowledges that he has inspected the premises and agrees that the premises and any common areas are in safe, fit and habitable conditions except as noted by the Tenant which is attached in writing to this agreement.  Tenant acknowledges presence of smoke detectors in the apartment.  Tenant acknowledges that tobacco smoking of any kind and all illicit drug use is forbidden in the apartment or on the premises.
11. MAINTENANCE AND REPAIRS.  Landlord agrees to make repairs and do what is necessary to keep the premises in a fit and habitable condition as specified in the South Carolina Residential Landlord and Tenant Act.  The Landlord further agrees to maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, HVAC, smoke detectors and other facilities supplied by the Landlord.  Landlord is not responsible for changing batteries of smoke detectors.  It is specifically understood that the Tenant agrees to keep the dwelling unit and all parts of the premises that he/she leases safe and clean, to keep sinks, lavatories, commodes open, report any initial problems within five (5) days of occupancy. After this time, Tenant  agrees to pay for the cost of all repairs made necessary by negligence or careless use of the premises and to pay for repairs or loss resulting from theft, malicious mischief or vandalism by Tenant/Tenancy.  Tenant agrees to be responsible for, and to make at Tenant’s expense, all routine maintenance including, but not limited to, stoppage of sewer, broken water pipes or fixtures due to neglect or carelessness of Tenant.  Tenant is directly responsible for any damage caused by not checking tripped breakers, changing smoke detector batteries and minor housekeeping repairs.  Tenant will be held liable for damage to HVAC systems caused by damages resulting from unreported problems.
12. PEST CONTROL.  Tenant shall report any pest problem within three (3) days of possession. Tenant’s failure to identify any pest infestation within said three (3) days shall constitute Tenant’s agreement that premise has no infestation of any kind. Any future infestation of any kind from roaches, mice or ants shall be the responsibility of Tenant.  Tenant is responsible for reporting any suspected or known termite infestation but is not responsible for termite control.
13. MILITARY CLAUSE.  In the event Tenant is a member of the Armed Forces of the United States, stationed in the Greenville County area and after the first six (6) months of this tenancy, receives permanent change of station  orders out of the Greenville area.  Tenant may present a copy of said orders to Landlord along with a thirty  (30) day notice in writing of his/her intent to vacate the premises and payment of all due rent through the vacating date.
14. RENTAL APPLICATION.  Tenant acknowledges that Landlord has relied on information provided by the Tenant in the Rental Application.  If any material facts stated are untrue, Landlord shall have the right to terminate the tenancy immediately and to collect from the Tenant any damages or losses resulting therefrom, including reasonable attorney fees.  Tenant and only those persons named in the application or lease shall occupy or use the premises as a residence. 
15. PROPERTY RULES.  Tenant acknowledges that Landlord has supplied Tenant a copy of the Property Rules and Tenant acknowledges that he/she has read, has signed , understands and will comply with these rules.
16. ABANDONMENT.  The unexplained absence of a Tenant from the premises for a period of fifteen (15) days after default in the payment of rent, with utility services in place or the unexplained absence of tenant after default in the payment of rent with utility services disconnected shall be construed as abandonment of the premises.  When premises have been abandoned, or the Rental Agreement has come to an end and the Tenant has removed a substantial portion of his property or allowed his utilities to be terminated and has left personal property on the premises with a fair market value of five hundred ($500) or less, the Landlord may enter the premises, using forcible entry if required and dispose of the property.  All property not covered by this section will be handled under the provisions of the South Carolina Code of Laws.  If Tenant abandons the unit, Tenant shall be liable for the rent for the remaining term of this agreement.
17. TRUST ACCOUNT INTEREST.  According to the rules and regulations of the South Carolina Real Estate Commission and the Code of Laws of South Carolina, 1976, as amended, the Landlord has the option to place Tenant’s security deposit into an interest bearing account and to retain all interest incurred in said account.  Tenant agrees to and understands that the Tenant has been informed of Tenants right to ownership of the interest, but relinquishes to the Landlord by this written agreement said right of ownership of Security Deposit.
18. LIMITATIONS OF LIABILITY.  Tenant acknowledges that Landlord/Agent is relieved of any future liability under the terms of this Rental Agreement after Landlord/Agent delivers written notice to the Tenant of the termination of his management.
19. ATTACHED ADDENDA/ENCLOSURES LISTED BELOW
    1. PROPERTY and  RENT  RULES
    2. OTHER: none

 20.   BREACH OF LEASE: Tenant is responsible for the total monthly rent for a period of 12 months as set forth in this lease.  Should Tenant break the lease before the end of the lease term, Tenant is responsible for the balance of the lease owed to Prevost Apartments, LLC until or unless it is re leased to another tenant.  Additionally, if the lease is broken the security deposit is forfeited.  At such time as the apartment is re rented to another person, the Tenant’s monthly payments shall end.

21. TENANT IS LIABLE FOR ALL ATTORNEY AND COURT FEES ASSOCIATED WITH COURT ACTION BASED ON NON PAYMENT OF RENT OR FROM   BREACH OF LEASE.

 This Rental Agreement is made pursuant to the South Carolina Residential Landlord and Tenant Act and provisions of said act shall control.

 EACH PARTY ACKNOWLEDGES THAT THIS RENTAL AGREEMENT HAS BEEN READ PRIOR TO SIGNING AND THE TERMS ARE AGREED TO:

 LANDLORD____________________________________________________________DATE___________________

 TENANT   _____________________________________________________________DATE____________________

 TENANT   _____________________________________________________________DATE____________________

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Last modified: August 18, 2017