This Apartment Lease (hereinafter referred to as "Lease") is made on by and between Mark-Taylor Residential, Inc., authorized agent for the owner (hereinafter referred to as "Management") and the following person(s):
(hereinafter individually and collectively referred to as "Resident"). If more than one person is named above as Resident, each person shall be jointly and severally liable hereunder. In addition to Resident, the following person(s) shall be entitled to reside within and use the below-described Premises:
(hereinafter individually and collectively referred to as "Occupant"). Only Resident and Occupant may reside within and use the Premises, which is described more specifically as:
Monthly Rent, Non-Refundable Fees, and Refundable Deposits
Notice is hereby provided that the sales tax rate may be altered by the municipality where this Apartment Community is located. If the rate is adjusted, pursuant to A.R.S. § 33-1314(E) Resident agrees to pay the increased amount upon thirty (30) days' advance written notice of the changed rate.
Resident is hereby informed that a free copy of the Arizona Residential Landlord and Tenant Act is available from the Arizona Department of Housing, either at its offices or through its website, http://www.azhousing.gov. For Tempe communities, a free copy of the Tempe Rental Housing Code brochure may be obtained from the City of Tempe's Residential Rental Property website, https://www.tempe.gov/home/showdocument.?id=6232 ; by signing this Lease, you agree that you have received sufficient notification and taken receipt of the Brochure.
Payments and Prorations: Upon execution, Resident agrees to pay, in the form of a Credit/Debit Card or E-Check, the following prorated rent (plus following months rent if move in date is after the of the month) due for the first (partial) month Resident is in possession of the Premises: Premises Rent of , Other Rent of , Employee Discount of , and Municipal Sales Tax of , for a total of . Management reserves the right to charge a convenience fee for any Credit/Debit Card or ACH transactions. Resident agrees to pay in advance the Total Monthly Rent for all subsequent months in the form of e-check, credit/debit card, or cashier's check, on or before the first calendar day of each and every month, at the Management Office or at such other place as Management may designate by written notice to the Resident. Only one check will be accepted per Apartment. Management reserves the right to require payment of rent or other charges owed under the Lease in certified funds.
1.1.1 Description of Concession:
One-Time Concession of plus tax for .
Comment:
Vouchers:
Comment:
Deposits:
to rent and utility charges, and such other amounts as may be necessary to compensate Management for damage to the Premises occasioned by Resident's non-compliance with Resident's obligations under this Lease. The taking or application of security as provided herein shall not preclude Management from exercising any other available remedy for breach of this Lease or Resident's violation of the Arizona Residential Landlord and Tenant Act. No portion of the Refundable Security Deposit may be used by Resident as a credit for rent owed prior to termination or expiration of this Lease. Resident shall not be entitled to any interest on the Refundable Security Deposit. Upon the conclusion of the tenancy and as required by A.R.S. § 33-1321 the Refundable Security Deposit will be made payable to all leaseholders identified in this Lease or any amendments or modifications to this Lease after the date it is first executed. Under no circumstances will any deposit refund be made payable to one leaseholder to the exclusion of any other leaseholder.
Term: The term of this Rental Agreement shall be for the period of commencing on the and ending on . Unless written notice is otherwise provided, after the ending date of the term of the Lease it shall automatically continue on a month-to-month basis (A) not offset by any concession or other discount and (B) at a Month-to-Month Premises Rent equal to the Premises Rent set for above plus an additional [OR] of the Premises Rent. The parties expressly agree that, upon conversion of this Lease to a month-to-month lease, Resident is not entitled to any notification of the aforementioned Month-to-Month Premises Rent and that this provision is sufficient notice for the parties. Either party may terminate the continuing tenancy by giving written notice to the other party either (a) during the term of the Lease at least SIXTY (60) days prior to the ending date of the Lease or (b) during any month-to-month tenancy period at least THIRTY (30) days in advance of the commencement of a new month-to-month period. Any notice to terminate issued pursuant to this section must be signed by all leaseholders to be effective. After notice is properly given, the possession of the Premises by Resident shall terminate at the end of that notice period or on a later date as therein designated.
Indemnity and Insurance:
Condition and Care of Premises:
11.1 Condition: Resident shall not change locks, install exterior cameras, paint, decorate or alter in any way the Premises without the prior written permission from Management and shall not interfere with the quiet use and enjoyment by other residents of the community. Further, Resident shall comply with all state statutes and city ordinances which are applicable to the Premises and common areas. Resident has carefully inspected the Premises and finds them to be in a clean, habitable, undamaged condition except as may be noted on the apartment Inspection/Check Out Report. This Report will be used to determine refund of security deposit amount at the end of Resident's tenancy. Resident may be present at the Management's move out inspection.
Management shall not be liable to Resident's family, invitees and occupants for any damage to person or property caused by the act or neglect of any other resident or non-resident at the community.
11.3 Vinyl Plank Flooring: Certain apartment communities managed by Mark-Taylor Residential, Inc. have vinyl plank flooring in the apartments. An elegant departure from boring, traditional flooring such as carpeting or linoleum, vinyl plank flooring is nonetheless considered to be a noisier surface than these other materials. If the apartment does have vinyl plank flooring installed therein Resident is hereby advised that such flooring is generally characterized as a noisier surface than non-vinyl flooring. Despite the characteristics that cause the increased potential for noise, the building has been constructed in such a way to minimize this increased noise possibility. Such efforts to abate additional noise include the following:
Insulation: The floor insulation is R30. Normally, it is only R13 for apartments. As the "R-value" increases, so too does the insulation effectiveness for both temperature and noise.
Sound wave channeling: Resilient metal channels have been installed between the drywall and the joist/floor member to absorb and redirect sound waves.
While the above-mentioned noise abatement techniques were employed, Management cannot ensure that all noise will be absorbed by these enhancements to the building. Accordingly, Resident acknowledges that Management strongly recommends, in consideration of Resident's neighbors, that Resident utilize area rugs throughout the dwelling unit. Resident agrees to hold Management harmless for claims arising from or relating in any way to noise associated with or caused by the vinyl plank flooring.
Reasonable Modifications: Reasonable modifications involve structural changes to the premises that are reasonably necessary to provide a person with a disability an equal opportunity to use and enjoy a dwelling. No structural changes may be made without the approval of Management. Any person who needs a modification of the dwelling because of a disability should contact Management. Management reserves the right to seek other information, including medical information, if it determines that it needs that information to decide whether the request for a modification is reasonable. If a modification request is reasonable, Management will grant that request subject to the requirements: (1) that the modification be done at the expense of the tenant; (2) that the modification be performed in a workmanlike manner; and (3) that if the modification will affect a subsequent tenant's use or enjoyment of the premises, that the tenant seeking the modification will agree to restore the apartment to its original condition, reasonable wear and tear excepted.
Any person who believes that a modification request was improperly denied is encouraged to address those concerns to Management's corporate office.
be effective, all notices, demands and other communications directed to Management shall be in writing and personally delivered during office hours, or mailed by certified mail, return receipt requested, postage prepaid to Mark-Taylor Residential Inc., at the above address, or to the resident manager at the office in the Apartment Community. Service of legal process should be made upon Management through its statutory agent, as registered with the Arizona Corporation Commission; the community manager is not authorized to accept such service.
The Community Manager of the Apartment Community is: