Apartment #:

New Move-in

Transfer From

---

Renewal Change

Nevada Apartment Lease

This Apartment Lease (hereinafter referred to as "Lease") is made this 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

Pursuant to NRS 118A.200 3(c), if the Premises will be occupied by minor children, the names of such minor children are listed as Residents above.

1. 1.

   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.

   1. 1.1 Concessions: At the commencement of the of this Lease, Management may have provided Resident with a rental concession, described below. This concession is provided with the understanding that in the event Resident does not fully perform under the 4.s and conditions of this Lease, Resident agrees to return to Management any concession herein previously accepted or to reimburse Management for the full market value of said concession.

      1. 1.1.1 Description of Concession:

         1. A.

            One-Time Concession of for

            Comment:

         2. B.

            Vouchers:

            Comment:

   2. 1. 1.1.2 Limitation: Any concessions granted as a monthly (or otherwise reoccurring) discount do not continue after the conclusion of the term of this Lease. All month-to-month holdover tenancies are done so without the benefit of any concession adjustments.
   3. 1.2 Order of Payment: Regardless of any designation or description by Resident, Management may, in its sole discretion, apply funds received from Resident toward obligations Resident owes to Management in any order Management and its personnel so designate.
2. 2. Non-Refundable Fees: Upon execution, Resident agrees to pay to Management a non-refundable Administration Fee and a non-refundable Application Fee. These fees are applied to costs incurred by Management for the application and Lease preparation processes. In addition to these fees, Management may charge Resident other fees, which shall be non-refundable if so designated and explained.
3. 3.

   Deposits:

   1. 3.1 Refundable Security Deposit: Concurrently with the execution hereof, Resident agrees to pay Management the Refundable Security Deposit, in full, as security for the faithful performance of Resident's obligations hereunder. Management shall be entitled to deduct from the Refundable Security Deposit the sum of plus tax for each apartment key not returned by Resident upon vacating the Premises, such amounts as may be necessary to remedy Resident's defaults in the payment of rent, other charges equivalent 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 pursuant to NRS 118A.242. 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 Nevada Residential Landlord and Tenant Act, NRS 118A.010 et seq. 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.

1. 1. 3.2 Conditions for Refund: Resident must give to Management a written notice of intent to vacate not less than to the ending date of this Lease or to any calendar month if this Lease has continued on a month-to-month basis. At the time of move-out, all rents must be PAID IN FULL. The Resident must leave the apartment in a clean and habitable condition, normal wear and tear excepted. Provisions for move-out inspection will be made by Management on receipt of the appropriate written notice of intent to vacate. The Resident must supply Management complete information on forwarding address for return of deposit. With full compliance with this Lease, full compliance of the Rules and Regulations or the House Rules and/or attached addendum, and full compliance of all applicable statues and upon demand for return of refundable deposits Management may apply those deposits to accrued rent and damages, if any, as set out in section 3.1 above, and shall timely deliver to the Resident any remaining balance of refundable deposits.
2. 4. Term:    The term of this Rental Agreement shall be for the period of commencing on the and ending on the . 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.
3. 5. Termination Prior to Lease Expiration: If Resident terminates this Lease prior to the conclusion of its term for any reason, voluntarily or involuntarily, Resident agrees that Mark-Taylor Residential will suffer damages and that those damages will be difficult to quantify. As an agreed-upon liquidation of those damages sustained by Management, Resident agrees to provide THIRTY (30) days' advance written notice, pay the amount of and repay any Concessions given at time of move-in (identified in section 1.1). This damages liquidation payment does not absolve Resident from returning the Premises in as good condition or superior to which Management provided it to Resident at the commencement of the lease, normal wear and tear excepted.
4. 6. Late Charges: Rent is due on the first day of each month. If the total monthly rent is not received by office close on the day of any month, a late charge, equal to will be added to rent. Any payment made after the day of the month must be made via certified funds, and Management reserves the right to reject any partial payments, including, but not limited to, payment of the rent without the then-due late fees.
5. 7. Dishonored Funds Charge:      Resident agrees to pay as additional rent an administrative fee of plus tax for any payment tender that is dishonored by the financial institution upon which it is drawn. This fee is in addition to any applicable late charges. Management reserves the right to demand payment in the form of certified funds if a previous payment attempt is dishonored.
6. 8. Utilities and Services: In addition to the Total Monthly Rent, Resident shall pay for those utilities and services identified as Resident's responsibility in the Utilities and Services Addendum to this Lease, including any monthly administrative fees associated with utility submetering or billing. Resident agrees to pay all required deposits for gas and electricity and furnish Management with a receipt, prior to accepting occupancy of Premises. The Utilities and Services Addendum outlines the reasonable and necessary maintenance services provided to Resident at the sole discretion of Management and any provision made for waste removal services at the property.

1. 9.

   Indemnity and Insurance:

   1. 9.1 Indemnification:    Management shall not be liable and Resident shall save Management harmless from any and all claims, losses, demands, or other liability whatsoever,for any damages or injury however suffered by or occurring to any person, including, without limitation, guests at the Apartment Community, which arise or are caused by any act of commission or omission of the Resident, Resident's occupants, family, guests, invitees or pets. Notwithstanding anything appearing in this paragraph to the contrary, the Resident does not agree to the exculpation or limitation of any liability of Management arising under law or to indemnify Management for that liability or costs connected therewith. Resident is informed that Management's insurance covers neither resident's property nor resident's acts or omissions.
   2. 9.2 Insurance:    Management requires that Resident obtain a policy of "renter's insurance." Evidence of the insurance coverage required herein shall be provided by way of a Certificate of Insurance issued by the insurance carrier(s) affording coverage to Resident of no less than . Such Certificate(s) of Insurance shall name Management as Certificate Holder and shall include the following language: "Should any of the above-described policies of insurance be cancelled before the expiration date thereof, the issuing company shall mail notice to the Certificate Holder regarding such cancellation within thirty (30) days of the cancellation."
2. 10.

   Condition and Care of Premises:

   1. 10.1 Condition:    Resident shall not change locks, 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 Apartment 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 attached hereto. This Inspection Report will be used to determine refund of security deposit amount at the end of Resident's tenancy. Resident may be present at the landlord'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 Apartment Community.
   2. 10.2 Care:    Resident agrees to exercise reasonable care in the use of the Premises, furnishings and Apartment Community and to maintain and redeliver the same in a clean and safe condition, free from damage, unsightly debris, equipment or decor. Resident agrees to pay for all repairs, replacements and maintenance caused by his misconduct or negligence, that of his family, invitees, and occupants, and, at the option of Management, such charges shall be due and payable immediately or shall be regarded as additional rent to be paid no later than the next date on which rent is due following such repairs. Resident shall immediately report to Management in writing when any locks, equipment, fixtures, furnishings or portion of the Premises have been damaged or are out of repair. Any damage to the Premises, fixtures or furnishings contained therein which is not otherwise explained in writing to Management within three (3) days after occurrence thereof, shall be presumed to have resulted from the Resident's neglect. Resident shall not allow a legally or physically inoperable vehicle to remain on the common areas or any other portion of the Apartment Community for more than twenty-four (24) hours. No car repairs are to be made in or on the common areas or any other portion of the Apartment Community. Any vehicle inoperable or in disrepair shall be subject to towing at the vehicle owner's expense. Vehicles with expired tags are considered inoperable.
   3. 10.3 Vinyl Plank Flooring:    Certain apartment communities managed by Mark-Taylor Residential 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. Should your apartment have vinyl plank flooring Management strongly recommends, in consideration of Resident's neighbors, that Resident utilize area rugs throughout the apartment. Resident agrees to hold Management harmless for claims arising from or relating to noise related to the vinyl plank flooring.

1. 1. 10.4 Amenities:    Resident acknowledges that the use of the swimming pool area, the lounge, and other related amenities at the Apartment Community are being furnished without charge by Management and that no guard or other supervision over the use of said swimming pool and facilities will be provided; and, fully understands the risks associated with the use of these facilities. Resident hereby assumes for himself, his family, occupants, and guests any and all risks associated with the use of said pool and facilities, and agrees that Management shall not be liable for any harm sustained by Resident, his family occupants, or guests in connection with said risks. Resident further understands and agrees that the use of any facility or amenity on the Apartment Community is restricted to Resident and family, and that express consent must be given by Management prior to another person's use of such facility or amenity. Notwithstanding anything appearing in this paragraph to the contrary, the Resident does not agree to the exculpation or limitation of any liability of Management arising under law or to indemnify Management for that liability or costs connected therewith.
2. 11. Apartment Transfer:    Management permits residents to request transfers to another apartment within the Apartment Community or to another Apartment Community managed by Management. Approval for any transfer shall be granted solely at the discretion of the Community Manager and inquiring Resident must meet all application standards at the time of the transfer application. Transfers will not be approved prior to an inspection of the apartment by the Community Manager or his/her designee. In advance of the transfer, Resident must pay all fees and deposits for the transferred apartment, as Management does not transfer deposits to a new apartment, and must satisfy all monetary obligations due under the terms of the transfer. Deposits for the current/previous apartment will be disposed according to NRS 118A.242 after surrender of possession of the current/previous apartment. The guidelines and policies regarding transfers are set forth in the separate Transfer Agreement, and any provisions set forth therein shall supersede and be controlling over any terms and conditions set forth in this paragraph or elsewhere in this Lease.
3. 12. Use:    The leased Premises shall be occupied and used only as a residential dwelling unit. Any other use is prohibited.
4. 13. Access:    Resident shall allow Management access at all reasonable times to the Premises for the purpose of inspection or to show said apartment to prospective purchasers, mortgagees, or any other persons having legitimate interest therein, or to make necessary repairs or improvements. Management shall give Resident at least 24 hour notice of Management's intent to exercise its right of access except in cases of emergencies, or where notice shall be impractical, or where the Resident has abandoned the Premises or had failed to properly maintain the Premises. Additionally, Resident acknowledges that by providing written notification to Management of a maintenance concern within the Premises, Resident automatically grants to Management the right of immediate entry into Premises.
5. 14. Default: The failure by either Resident or Management to fully perform this Lease in any manner shall entitle either party to take all actions against the defaulting party as shall be provided by law.
6. 15. Subordination:    This Lease is and shall remain subordinate to any ground lease, mortgage, trust deed, or other encumbrance or security instrument now existing or hereafter to be placed upon the Premises and to any modifications, extensions, replacements and advances in connection therewith. Resident shall attorn to the Apartment Community owner's Lender in the event it obtains possession of the Property through foreclosure or deed in lieu of foreclosure or otherwise, so long as Lender agrees not to disturb the Resident if Resident is not in default under the Lease.
7. 16. Proper Left in Apartment:    If the Resident abandons his tenancy, as defined in N.R.S. §118A.450 and Management reasonably determines that the cost of removing, storing and selling the Resident's personal property would exceed the amount that would be realized from the sale thereof, Management may, at its option, destroy or otherwise dispose of the resident's property, subject to N.R.S. §118A.460.

1. 17.

   Nuisance and Waste:    Resident, Resident's guests, Resident's family members, and any such others for whom Resident is responsible shall not maintain, commit, or permit the maintenance or commission of a nuisance, or commit or permit the commission of waste, upon the Premises, the Property, or any part thereof. NRS 40.140.

   1. 17.1 Definition of Nuisance:    Pursuant to NRS 202.470, any person who commits or maintains a public nuisance. for which no special punishment is proscribed, or who willfully omits or refuses to perform a legal duty relating to the removal of such nuisance or who lets or permits to be used any buildings or boat, or portion thereof, knowing that it is intended to be, or is being used for committing or maintaining such nuisance, shall be guilty of a misdemeanor;
   2. 17.2 Nuisance Reporting Procedure:    Resident is to notify Landlord in writing of any nuisance and/or violation of building, safety or health code regulations. Upon receipt of any such notification, Landlord will investigate the validity of said notice and determine the steps necessary, if any, to remedy said nuisance or violation.
2. 18. Animals or Pets:      No animals or pets (including but not limited to mammals, reptiles, birds, fish, rodents, and insects) are allowed, even temporarily, anywhere in the premises or the apartment community unless Management has provided written authorization. Management will authorize the maintenance, support, and presence of animals for a disabled (handicapped) person, however, Management may require a written statement from a qualified professional for our records. Resident must execute a separate Animal/Pet Addendum, which may require additional deposits, rents, fees or costs. An animal/pet deposit is considered a Security Deposit and will be disposed according to NRS 118A.242. If Resident has an unauthorized animal or pet on the premises or in the apartment community, Management will provide Resident with a notice to remove the unauthorized animal within 24-hours of notice from Management, or Resident will be in breach of the rental agreement. If Resident or any guest or family member or any such other person for whom Resident is responsible violates the animal or pet restrictions (with or without Resident's knowledge), Resident will be subject to charges, damages, eviction, and any other remedies provided in this rental agreement or as otherwise provided by Nevada law. If an animal or pet has been in the Premises or the apartment community at anytime during Resident's term of occupancy, (with or without Resident's consent), Management reserves the right to charge Resident a damages liquidation payment for the initial and daily animal- policy violation of our time, inconvenience, and overhead costs in enforcing animal restrictions and rules. Residents are strictly forbidden to feed or otherwise support stray or wild animals.
3. 19. Display of the flag of the United States    Pursuant to NRS 118A.325, Resident has a right to display the flag of the United States in physical areas of the premises that the Resident has a right to occupy and use exclusively. The United States flag displayed by the Resident must be made of cloth, fabric or paper; displayed from a pole, staff, or in the premises window; and display must be in a manner consistent with 4 U.S.C. Chapter 1. NRS 118A.325 does not include a display of United States flag that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component. In any legal proceeding commenced either by Management or Resident to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorney's fees and costs.
4. 20. Non-Waiver and Severability:      The failure of Management to insist upon the strict performance of the terms, covenants, and conditions herein contained shall not be deemed a waiver of any of Management's rights or remedies herein. If any Court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both Management and Resident will continue to be bound by them.
5. 21. Binding Effect:      This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Management and Resident.
6. 22. Apartment Community Policies:      The policies and rules provided in Schedule "A," the receipt of which is hereby acknowledged, are deemed a part of this Agreement and a breach of any rule by Resident or his/her guest(s) or invitee(s) shall constitute a default hereunder.

1. 23. Fire, Casualty and Taking:      In the event the Premises shall be damaged or destroyed by fire, casualty or taking, the monthly rent payable hereunder by Resident shall be reduced or abated to the extent that such damage or destruction renders the Premises uninhabitable, until such time as the Premises, or what remains thereof after a taking, shall have been repaired or restored to a tenantable condition. Nothing contained herein, however, shall require or be deemed to require Management or the owner of the Apartment Community to restore or repair the Premises.t or the owner of the Apartment Community to restore or repair the Premises.
2. 24.

   Assignment:      Resident shall not assign this Lease or sub-let the Premises or any part thereof.

3. 25. Attorneys' Fees / Jury Trial Waiver:      All legal costs, attorneys' fees, and other expenses in enforcing this Lease shall be paid to the prevailing party by the non-prevailing party. In addition, Resident and Management both hereby waive their respective rights to trial by jury in any special detainer, forcible entry and detainer, or civil action arising out of or in any way connected with this Lease.
4. 26. Fair Housing:      Management is fully committed to complying with the letter and the spirit of all state, federal and local fair housing laws. Those laws prohibit discrimination against any person because of that person's race, color, religion, sex, age, national origin, familial status, or physical or mental disability. Any person who believes that Management, or any of its agents or employees, is engaging in unlawful discrimination in violation of these laws is encouraged to communicate these concerns to Management's corporate office.
5. 27. Reasonable Accommodations:      Reasonable accommodations are changes in rules, policies, practices or services that are reasonably necessary to provide a person with a disability an equal opportunity to use and enjoy a dwelling. Any person needing an accommodation should notify the manager or assistant manager at the Apartment Community that he or she is requesting an accommodation, the nature of the accommodation requested, and a brief explanation of why he/she needs the accommodation. This request for an accommodation may be made by a person with a disability or by any other person acting on behalf of such person. Management reserves the right to seek other information, including medical information, if it determines that it needs that information to determine whether a request for an accommodation is reasonable. If Management determines that a person with a disability needs the accommodation, management will grant the request unless doing so will impose an undue hardship, including an undue financial or administrative burden, or will substantially change the nature of the program that the property offers. Any person who believes that an accommodation request was improperly denied is encouraged to address those concerns to Management's corporate office.
6. 28. 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.
7. 29. Harassment:    Harassment because of race, color, religion, sex, age, national origin, familial status or disability is a violation of the fair housing act. Any person who believes he/she has been subjected to harassment is encouraged to promptly report the conduct to Management's corporate office. No person will be subject to retaliation or other adverse action for reporting such harassment. Management considers harassment a serious offense and will promptly investigate any such reports. Persons who engage in harassment are subject to penalties up to and including termination of tenancy or termination of employment.

1. 30. Military Personnel:    Management fully supports its residents who are active-duty or reserve military personnel. Military personnel on active duty may terminate, without penalty or repayment of concession, the Lease upon receipt of orders of enlistment into military service, transfer to military base, facility, or vessel, or release from active duty. Resident agrees to give thirty (30) days' advance written notice and rent will be prorated from the notice date to the move-out date. Assignment instructions for voluntary occupancy of government quarters are not sufficient for termination of this Lease.
2. 31. Disclosure of Resident's Contact:    Resident hereby designates the following individual as Resident's designee, in case of emergency or death:
3. 32 Special Provisions:  
4. 33.

   Disclosure of Management and notices:    Management, with offices at 6623 North Scottsdale Road, Scottsdale, Maricopa County, Arizona, USA 85250, is authorized to act for and on behalf of the owner of the Apartment Community for purposes of service of process and for receiving or receipting notices or demands. To 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 Mark-Taylor Residential, 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 Nevada Corporation Commission.

   The Manager of the Apartment Community is:

   Community Manager

   On-Site Management Office Address

   Phone
5. 38. ACCEPTANCE:    ACCEPTANCE: RESIDENT HAS READ AND RECEIVED AN EXECUTED COPY OF THIS LEASE, ADDENDA, APARTMENT INSPECTION/CHECKOUT REPORT, AND THE APARTMENT COMMUNITY POLICIES (SCHEDULE "A") BY WHICH RESIDENT AGREES TO ABIDE, INCLUDING ANY AMENDMENTS THERETO, AND ACKNOWLEDGES AND WARRANTS THAT ALL BLANKS HAVE BEEN ACCURATELY COMPLETED OR OTHERWISE MARKED "NOT APPLICABLE" OR "N/A." THIS LEASE IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT UNDERSTAND THIS DOCUMENT, SEEK COMPETENT LEGAL ADVICE. THIS LEASE ALSO REPRESENTS THE SOLE, BINDING SCOPE OF THE AGREEMENT BETWEEN THE PARTIES;; IT IS NOT MODIFIED BY ANY PRIOR REPRESENTATIONS, WRITTEN OR VERBAL. NO ALTERATIONS MAY BE MADE TO THIS LEASE OTHER THAN THROUGH WRITTEN MODIFICATIONS THAT HAVE BEEN SIGNED BY BOTH RESIDENT AND THE AGENTS OF MANAGEMENT. FALSE INFORMATION GIVEN ON THE RENTAL APPLICATION SHALL ENTITLE MANAGEMENT TO TERMINATE THIS LEASE AGREEMENT.