LEASING & FINANCIAL INFORMATION
This agreement is made this 1st Day of November, 2020, between MannWink Property Managemnt Company (hereinafter called the Manager), and Natalie Davis-Smith and Jerrell Smith (hereinafter called the Tenant), relating to the rental of residence at 353 A Mitchell St., Conway, AR 72034, the Manager and Tenant hereby agree to the following conditions.
Lease Start Date: November 19, 2020
Lease End Date: November 30, 2021
Tenant Address: 353 A MItchell St., Conway, AR 72034
RENT & APPLICABLE FEES
Tenant agrees to pay the sum of $500 per month, payable in advance. Rental payments to be prorated commencing with the date above so that all rental payments are due and payable on the first day of each and every following consecutive month, for twelve (12) month and twelve (12 days). If the first of the month falls over a weekend or holiday, the rental payment shall be then due and payable the following day. IF RENTAL PAYMENT IS NOT PAID BY 5:00PM ON THE 5TH DAY OF EACH MONTH, THERE SHALL BE A LATE CHARGE OF $25.00. ON THE 6TH OF THE CURRENT MONTH, A $5.00 PER DAY FEE WILL CONTINUE TO ACCRUE UNTIL PAID IN FULL. EACH MONTH IS TO BE CALCULATED SEPARATELY. If rental payment is made by check and the Manager is unable to process due to insufficient funds, there will be a $30.00 fee for reprocessing the payment. As a result, Manager will no longer accept payments in check form. Cash or money order would be the only acceptable methods of payment.
Manager reserves the right to institute periodic rent increases. Tenant will receive a written thirty (30) day notice of rent increase. The Tenant agrees to pay the following fees in the event of the following:
FEES: Late Fee After 5th $25.00
Daily Late Fee After 5th $5.00
Change/Rekey Lock $20.00
Replacement Key Charge $5.00
Insufficient funds $30.00
Evidence of inside smoking $1000.00
After hours lock-out $20.00
LEASE RENEWAL & TERMINATION
Tenant agrees to give Manager thirty (30) days written notice prior to the termination of the initial lease term stating that Tenant does not desire to renew lease. In the event that a timely notice is not given by Tenant, within the period prescribed or, after having giving notice, Tenant shall remain or continue to be in possession of the leased premises or any part thereof, Manager may at its option: (a) treat such holding over as a renewal by Tenant of all provisions of the lease except as to term and rental, which term shall be for a period equivalent to the immediately preceding lease term and which rental shall be at the then prevailing rental charge of Manager for substantially the same type of dwelling. In the event Manager elects to treat such holding over as a renewal, each and all of the other covenants and conditions of this lease shall be and remain in full force and effect; (b) Manager has the right to place Tenant on month-to-month rental with Tenant bound to all above and below rules; or (c) refuse to renew the lease, in which event Manager shall give Tenant five (5) days to vacate the premises. Tenant is to pay all court costs and reasonable attorney's fees incurred by Manager in enforcing by legal action or otherwise any of Manager's rights under this rental contract or under any law of this state. It is also agreed that if any rent shall be due and unpaid or if default shall be made in any of the covenants herein contained, then it shall be lawful for the Manager to re-enter the said premises and to remove all personal property of the tenant therefrom. It is understood that if the tenant is in default of any of the rules or covenants of this rental contract, the Manager has the right to use a lock-out key to prevent the Tenant's access to said residence or premises until such default is remedied. If Tenant vacates property during the renewal period without a 30 day written notification they will FORFEIT deposit. Should tenant vacate his residence without notifying the Manager, the Manager may rent tenants residence immediately. Such re-rental will not be construed as a surrender of the former tenancy by operation of law and original tenant liable on any deficiency that may develop. In the event the Tenants violate the terms of this Lease, or default in the performance of any covenants in the Lease, and Manager engages an attorney or institute a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Manager for the costs and expenses incurred in enforcing this Lease, including reasonable attorney's fees and costs. In the event the Tenants bring any action against the Manager pursuant to this Lease, and the Manager prevails, Tenants shall be liable to Manager for costs and expenses of defending such action, including reasonable attorney's fees and costs.
The security deposit required by this Lease is $500 which is to be paid prior to move in. The security deposit will be retained by the Manager as security for the full and fateful performance by Tenant of all promises, conditions and agreements in this Lease. The Security Deposit cannot be used as payment for rent. On or before signing this Lease, Tenant shall deposit with Manager, if not already so deposited the sum of $500 which Manager shall retain as security for the full and faithful performance by Tenants of all promises, conditions and agreements in the Lease. Payment of the security deposit will be paid in full by January 10, 2021. Manager is to retain security deposit during the term of this Lease or any extensions hereof to compensate for the damages to the premises caused or permitted by Tenant, any member of its family or any guest. This deposit or the unused portion thereof not expended under the terms of this Lease is to be returned to the Tenant (if not in default) at the expiration of the Lease and delivery of possession in according to the terms hereof. Manager’s recovery of damages will not be limited to the amount of the Security Deposit. Manager's right to possession of the premises for nonpayment of rent or for any other reason shall not be affected by
reason of the fact that the Manager holds the security deposit. Manager shall not be required to keep the security deposit as a separate fund, but may comingle this security deposit with its own funds. Holding or applying the security deposit shall not limit the Manager right to exercise all remedies under this Lease and/or provided by law, nor shall Manager's recovery of damages be limited to the amount of the security deposit, less appropriate charges apply. If Tenant decides not to move into said residence or stay less than twelve (12) months and twelve (12) days the deposit will be forfeited. Tenant shall be liable for and appropriate charges will be deducted for any unpaid sums due under the Lease, unpaid rent, unpaid utilities, unpaid service charges, damages or repairs to the dwelling or its contents (beyond reasonable wear), trips to open dwelling when Tenant has lost or forgotten key, key duplicates, unreturned keys; stickers, scratches, burns, stains, or unapproved holes, removing or rekeying unauthorized locks or latches. If keys are not returned, charges may be made for change of locks or new keys. If, after all applicable cleaning and maintenance charges have been deducted from original deposit amount, there remains any funds left from deposit, Manager agrees to reimburse Tenant said balance provided the following requirements have been met: (1) Tenant must not be in default on rent or have been evicted by, or have any suit or judgments against them by Manager (2) Tenant must provide Manager with a written notice of intent to vacate the premises at least thirty days prior to the end of Lease (3) Tenant must leave property in the same condition in which it was received.
DEFAULT BY TENANT
If Tenant fails to pay rent or other amounts owed under this Lease, or if the Tenant or Tenant's occupants violate this Lease or Owners Rules & Regulations or applicable federal, state and local laws; or if Tenant abandons the dwelling, then Owner may terminate Tenant's right of occupancy by giving Tenant three (3) days written notice to vacate. Tenant agrees to vacate premises within three (3) days after being notified in writing due to nonpayment of rent, breach of this agreement or any other reason deemed prudent by Owner. At the expiration of the three (3) days the term of this Lease shall end, and Owner shall be entitled to possession by eviction suit or any other lawful means. Notice may be mailed or personally delivered to Tenant or left in a conspicuous place. Termination of possession rights or subsequent reletting by Owner shall not release Tenant for liability for future rentals under this Lease. After Owner gives notice to vacate or after Owner files eviction suit, Owner may still accept rent or other sums due. Owner may report unpaid rental or unpaid damages to local credit agencies or recordation in Tenant's credit record. It is expressly understood and agreed by the Tenants that their obligation to perform all promises and agreements within this Lease shall continue for the full term of this Lease.
RULES & PROCEDURES
Tenants agree to comply with the reasonable rules that the Owner deems desirable or necessary for the protection of the leased premises. Any breach of the rules shall be considered a breach of this Lease and shall permit the Owner to terminate this Lease pursuant to 'DEFAULT BY TENANT' section. Tenants further agree to abide by all applicable laws and police, fire, and sanitary regulations or any government entity and failure to do so shall constitute a breach of this Lease. Tenant agrees to no inside smoking. Evidence of inside smoking will result in a $1,000.00 penalty.
To use said location as living quarters for the residence of said Tenants as listed here: Natalie Davis-Smith and Jerrell Smith and for no other purpose whatsoever. No other occupants are permitted, other than
occasional guest will be considered an unauthorized occupant, rather than occasional guest, if (a) the guest has been evicted by Owner or asked to leave the premises due to a violation of Owner's Rules & Regulations or (b) the guest is on the premises for any eight (8) consecutive days or any eight (8) nonconsecutive days in any calendar month unless Tenant has received prior written approval from Owners. No more than 4 persons may reside in this property. Tenants understand and agree that these limitations on occupancy and use of the leased premises are a material inducement for the granting of this Lease by Owner to the Tenants. If tenants are in a relationship and breakup, tenants are still bound to the lease. The returned security deposit will be divided evenly unless otherwise noted.
The Tenant also agrees not to sublet said residence or any part thereof, nor use said residence for any unlawful or immoral purposes, nor violate any regulations of the board of health, city ordinances, or state laws of Arkansas
Manager will not be liable to Tenant or Tenant's guest or occupants for any damages or losses to person or property caused by acts or omissions of other persons, including theft, burglary, assault, vandalism or other crimes. Manager will not be liable to Tenant or Tenant's guest or occupants for personal injury or for damage to or loss of their person property (furniture, jewelry, clothing, etc.) from fire, flood, water leak, rain, hail, ice, snow, smoke, lightning, wind, explosion, interruption of utilities, or other occurrences unless such injury, loss or damage is caused by negligence of Manager. Manager strongly recommends that Tenant secures insurance to protect against all of the above occurrences. Tenant agrees that existing locks and latch are safe and acceptable, subject to Manager's duty to make needed repairs upon request by Tenant. Manager shall have no duty to furnish security guards or additional locks and latch, except as require by statute. Tenants agree that Manager will not be liable to the Tenants for any loss or damages to Tenants or their property which is caused by a failure or malfunction of the sewer or water system, gas system, or electrical system when such failure or malfunction is the result of acts or circumstances beyond the direct control of the Manager. In the event that Tenants, any member of their household or their guests have reason to believe that they have or may assert any claim against Manager for any personal injury, property damage, or any related claim, Tenants shall notify the Manager in writing within thirty (30) days of the happening of the event which informs the Manager of any such claim. The failure to give such notice shall relieve Manager and its agents and employees from any and all liabilities for such claim.
Move-outs will only be processed on the last day of the month, and no pro-rated payment will be accepted for the last month of residence. Tenants are required to give thirty (30) days written notice prior to vacating premise. Property must be vacated by 1:00pm on the day of vacating or pay another 15 days rent. A written copy of each Tenant's forwarding address shall be left with Manager and with the U.S. Postal Service.
The Tenants also agree to have NO PETS unless written permission is given by Manager. If pets are found on the premises without consent of Manager, the Tenant will forfeit deposit and may be required to pay an additional charge for special cleaning or for damages caused by pet. After 1st written warning the Tenant may have Lease revoked and must vacate property within ten (10) days of 2nd and final written warning. Eligibility for potential pets on the premise are as follows: (1) Pets must be under 100 lbs. in weight (2) comply with all federal, state and local mandates regarding animal Managership (3) Tenant agrees to not care for more than 2 pets on said property (4) a NON-REFUNDABLE PET FEE of $200.00 must be received by Manager.
Upon termination of the Lease or upon vacation or abandonment of the leased premises by the Tenants, any personal property left by the Tenants on the leased premises or surrounding area will be considered abandoned property. Tenants agree that the Manager may immediate remove abandoned property and place it in storage at Tenants expense and may dispose of such property in any way the Manager deems proper after the expiration of thirty (30) days from the date of termination, vacation, or abandonment of the premises. Under no circumstances shall the Manager incur any liability for the loss or damage to such abandoned property.
Tenants expressly agree to permit Manager to enter the leased premises, including storage areas, at any reasonable time for the purpose of inspection, repair, or maintenance (including preventative maintenance, such as changing air filters) of the leased premises. Tenants expressly agree to permit the Manager to enter the leased premises to show the property to any prospective buyer or loan or insurance agent, and in either case party has given notice of termination of the tenancy, to show the premises to any prospective tenant. Tenants also agree to keep the premises in a reasonably clean condition if Manager is showing the premises. Manager will periodically treat the premises for pests, Tenant assumes the responsibility for keeping the premises free of infestation by roaches, water bugs, rodents, moths, and other pests, and assumes the risk for all damages therefrom. Manager shall not be liable or responsible for damages or injury to furnishings, wearing apparel, or personal belongings of the Tenants or other occupants of the premises from such sources.
CONDITION & USE OF PREMISES
The premises shall be used only for Tenantial purposes. Lessee shall, at its own expense and at all times, maintain the premises in a clean and sanitary condition, including all equipment, appliances, and fixtures. Tenants will be responsible for the conduct of their guests on the premises. Any untoward action such as loud shouting, singing, fighting, throwing of any object so as to endanger other occupants or guest will, upon appropriate determination, be grounds for Manager to declare contract null and void and termination
of tenants will be effected within three (3) days of formal notice. Tenant shall be responsible for all repairs required for exposed plumbing or electrical wiring and for damages caused by its negligence and that of its family, invitees or guests. Tenants are also responsible for and agree to pay for any damage done by wind or rain caused by leaving the doors or windows open. Tenants specifically agree that moderate use of nails, tacks, or screws will be driving in the walls or woodwork, for picture hanging only. Tenant shall not paint, paper or otherwise redecorate or make alterations to the premises, shall not drill any holes in walls, woodwork or floors, shall not install any antenna or satellite, or change any lock without prior written consent of the Manager in each and every instance. Tenant shall not park trailers, campers, boats, trucks (larger than pickup trucks) or oversized vehicles on the premises except where allowed. Tenants shall provide Manager written notice of any defects in the leased premises within five (5) days of taking occupancy. In the event Tenants fail to so notify the Manager, Tenants shall be deemed to have accepted the leased premises in their present condition, waiving all claims for defects or otherwise. Tenants also have examined all appliances and furnishings in the leased premises. Tenants agree at the termination of the Lease to return the leased premises, furnishings and appliances to Manager in the same condition normal wear and tear accepted. Tenants hereby promise and agree that Tenants will not cause or permit any neglect or deliberate misuse of the premises, appliances or furnishings therein provided by the Manager. In the event of any misuse of appliances or furnishings there provided by the Manager, Tenants agree to bear the expense for the repair and any and all damage resulting therefrom. All damages caused to any residence by the Tenants, their families or guests, are solely the responsibilities of the Tenants. All automobiles must be parked in the paved spot, the gravel spot next to the paved spot, or on the street adjacent to paved and gravel spots. Absolutely no vehicle maintenance of any kind (car, truck, boat, motor bike, etc.) will be allowed on property. All vehicles parked on the premises must be operable and have valid current license plates. "Operable" means the vehicle must have inflated tires, have all major components intact, including windows and windshields. Any violation of the foregoing will subject the vehicle to being towed at the expense of the vehicle Manager or operator. Tenants agree to not grill on the front patio, front lawn, or parking spots of the property. Any and all damages caused by this violation will be assessed against the Tenant and the Tenants lease may be revoked, thereby forfeiture of deposit. The use of firearms of any type including bb guns, pellet guns, as well as fireworks is strictly prohibited. Window coverings such as aluminum foil or signs will not be displayed inside or outside the residence. Each Tenant is responsible for the cleanliness of the areas in and around his residence. Playing of radios, TV's, phonographs, musical instruments or other electronic instruments at volume levels disturbing to other tenants will not be allowed. Tenant is responsible for changing the filter in the A/C, changing the batteries in the smoke detectors, and keeping the yard at a reasonable length at all times.
COVENANT OF QUIET ENJOYMENT
As long as Tenant shall pay rent in accordance with this agreement and is not in default hereunder, Tenant shall have the right of quiet enjoyment of the premises without causing any noisy, hazardous, noxious or offensive activity.
Tenant agrees to put all utilities in their name within five (5) business days of signing this agreement. If Tenant has not done so within the allotted time frame above, utilities provider will discontinue service on November 25, 2020. The Tenants will pay for the following utilities: ALL UTILITIES. Manager shall not be liable for damages for failure to furnish any utilities or services when the cause of such failure is beyond the control of the Manager. Tenant must notify Manager immediately of a malfunction within regards to any Utility or appliance.
If any provision of this Lease shall be declared invalid or unenforceable, the remainder of this Lease shall continue in full force and effect. Manager has the right to waive any one or more breeches of this Lease and any such one or more waivers shall not be construed as a waiver of any future breeches of this Agreement. The Manager shall have such rights, obligations, and remedies as contained in this Lease, and said rights, obligations, and remedies shall be cumulative and shall not be exclusive of any other rights, obligations and remedies provided by law. Any grammatical changes shall be implied whenever necessary to change the gender and number of the parties to this Lease so that the wording in the Lease shall reflect the accurate fact. This Lease may not be altered or extended except by written agreement signed by both parties. If this Lease is signed on behalf of Tenants by more than one person, then the liability of the persons so signing will be joint and several.
Please Make Check Payable To: MannWink Property Management, LLC
Mailing Address: PO Box 951
Conway, AR 72033
Property Management: Allen Winkler - (870) 588-5129 firstname.lastname@example.org
Brett Mann - (951) 907-2677 email@example.com
By signing this lease, the Tenant agrees to the terms and conditions of this lease and acknowledge the fact that all information stated has been read and accepted by all parties hereto.
Owner: ___________________________________________________ Date: _______________
Owner: ___________________________________________________ Date: _______________
Leesee has received copies of all information above and Lessee has recieved the pamphelt Protect Your Family from Lead in Your Home.
Sign and date below for lead paint disclosure.