Tenant Initials _______ _______
Revised 7/202
(c) Fees/Costs of Summary Ejectment Proceeding: If a summary ejectment proceeding is instituted against Tenant,
Landlord shall be entitled to recover from Tenant the following fees/costs in accordance with NC General Statutes §42-46: (i) filing
fees charged by the court, (ii) costs for service of process, (iii) the relevant Complaint-Filing Fee, Court Appearance Fee or Second
Trial Fee, and, (iv) reasonable attorneys’ fees actually incurred not to exceed fifteen percent (15%) of the amount owed by Tenant, or
fifteen percent (15%) of the monthly rent stated in this Agreement if the summary ejectment proceeding is based on a default other
than the nonpayment of rent.
(d) Acceptance of Partial Rent: Tenant acknowledges and understands that Landlord’s acceptance of partial rent or partial
housing subsidy will not waive Tenant’s breach of this Agreement or limit Landlord’s rights to evict Tenant through a summary
ejectment proceeding, whether filed before or after Landlord’s acceptance of any such partial rent or partial housing subsidy.
(e) Termination of Lease: In the event Landlord terminates this lease, all further rights and duties hereunder shall terminate
and Landlord shall be entitled to collect from Tenant all accrued but unpaid rents and any damages resulting from the Tenant’s breach,
including but not limited to damages for Tenant’s continued occupancy of the Premises following the Landlord’s termination.
(f) Termination of Tenant’s Right of Possession: In the event Landlord terminates the Tenant’s right of possession without
terminating this lease, Tenant shall remain liable for the full performance of all the covenants hereof, and Landlord shall use
reasonable efforts to re-let the Premises on Tenant’s behalf. Any such rentals reserved from such re-letting shall be applied first to the
costs of re-letting the Premises and then to the rentals due hereunder. In the event the rentals from such re-letting are insufficient to
pay the rentals due hereunder in full, Tenant shall be liable to the Landlord for any deficiency. In the event Landlord institutes a legal
action against the Tenant to enforce the lease or to recover any sums due hereunder, Tenant agrees to pay Landlord reasonable
attorney’s fees in addition to all other damages.
18. Landlord’s Default; Limitation of Remedies and Damages: Until the Tenant notifies the Landlord in writing of an
alleged default and affords the Landlord a reasonable time within which to cure, no default by the Landlord in the performance of any
of the promises or obligations herein agreed to by him or imposed upon him by law shall constitute a material breach of this lease and
the Tenant shall have no right to terminate this lease for any such default or suspend his performance hereunder. In no event and
regardless of their duration shall any defective condition of or failure to repair, maintain, or provide any area, fixture or facility used in
connection with recreation or recreational activities, including but not limited to swimming pools, club houses, and tennis courts,
constitute a material breach of this lease and the Tenant shall have no right to terminate this lease or to suspend his performance
hereunder. In any legal action instituted by the Tenant against the Landlord, the Tenant’s damages shall be limited to the difference, if
any, between the rent reserved in this lease and the reasonable rental value of the Premises, taking into account the Landlord’s breach
or breaches, and in no event, except in the case of the Landlord’s willful or wanton negligence, shall the Tenant collect any
consequential or secondary damages resulting from the breach or breaches, including but not limited to the following items: damage or
destruction of furniture or other personal property of any kind located in or about the Premises, moving expenses, storage expenses,
alternative interim housing expenses, and expenses of locating and procuring alternative housing.
19. Bankruptcy: If any bankruptcy or insolvency proceedings are filed by or against the Tenant or if the Tenant makes any
assignment for the benefit of creditors, the Landlord may, at his option, immediately terminate this Tenancy, and reenter and repossess
the Premises, subject to the provisions of the Bankruptcy Code (11 USC Section 101, et. seq.) and the order of any court having
jurisdiction thereunder.
20. Tenant’s Insurance; Release and Indemnity Provisions:
(a) Personal Property Insurance (Tenant initial if applicable* ):
_______ _______ Tenant shall be required to obtain and maintain throughout the term of the tenancy a renter’s insurance policy,
which policy shall, without cost to Landlord or Agent, name Landlord and Agent as an additional insured, and to promptly provide
Landlord evidence of such insurance upon Landlord’s request. In addition to coverage for damage or loss to Tenant’s personal
property in such amount as Tenant may determine, the policy shall include coverage for bodily injury and property damage for which
Tenant may be liable in the amount of ____________________________________________________________________________.
*If not initialed, Tenant shall not be required to obtain a renter’s insurance policy
(b) Whether or not Tenant is required to obtain a renter’s insurance policy, Tenant shall be solely responsible for insuring any
of his personal property located or stored upon the Premises upon the risks of damage, destruction, or loss resulting from theft, fire,
storm and all other hazards and casualties. Regardless of whether the Tenant secures such insurance, the Landlord and his agents shall
not be liable for any damage to, or destruction or loss of, any of the Tenant’s personal property located or stored upon the Premises
regardless of the cause or causes of such damage, destruction, or loss, unless such loss or destruction is attributable to the intentional
acts or willful or wanton negligence of the Landlord.
(c) The Tenant agrees to release and indemnify the Landlord and his agents from and against liability for injury to the person
of the Tenant or to any members of his household resulting from any cause whatsoever except only such personal injury caused by the
negligent, or intentional acts of the Landlord or his agents.
21. Agent: The Landlord and the Tenant acknowledge that the Landlord may, from time to time in his discretion, engage a
third party (“the Agent”) to manage, supervise and operate the Premises or the complex, if any, of which they are a part. If such an
Agent is managing, supervising and operating the Premises at the time this lease is executed, his name will be shown as “Agent” on
the first page hereof. With respect to any Agent engaged pursuant to this paragraph, the Landlord and the Tenant hereby agree that: