Lease_Rental Agreement (1)
Lease_Rental Agreement (1)
Lease_Rental Agreement (1)
1343BEC
LEASE AGREEMENT
This Lease Agreement (this “Agreement”) is made this 03 day of August, 2020, by and between
TRISTIAN HOLLOWELL (“Landlord”) and AMBER BRUNS ("Tenant"). Each Landlord and Tenant may be
referred to individually as a “Party” and collectively as the “Parties.”
1. Premises. The premises leased is mobile home with two (2) bedroom(s) and two (2) bathroom(s) and
two (2) parking space(s) located at 1105 Barbcrest Ave, Whiteville, NC 28472 (the “Premises”).
2. Agreement to Lease. Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord,
according to the terms and conditions set forth herein, the Premises.
3. Term. This Agreement will be for a term beginning on August 03, 2020 and ending on August 02, 2021
(the “Term”).
4. Rent. Tenant will pay Landlord a monthly rent of $756.00 for the Term. Rent will be payable in advance
and due on the 5th day of each month during the Term. The first rent payment is payable to Landlord
when Tenant signs this Agreement. Rent will be paid to Landlord at Landlord's address provided herein
(or to such other places as directed by Landlord) by mail or in person by one of the following methods:
Cash, Personal check, Money order, and will be payable in U.S. Dollars. Tenant further agrees to pay
$50.00 for each dishonored bank check.
5. Late Fee. Rent paid after the 5th day of each month will be deemed as late; and if rent is not paid
within fourteen (14) day(s) after such due date, Tenant agrees to pay a late charge of $25.00.
6. Additional Rent. There may be instances under this Agreement where Tenant may be required to pay
additional charges to Landlord. All such charges are considered additional rent under this Agreement and
will be paid with the next regularly scheduled rent payment. Landlord has the same rights and Tenant has
the same obligations with respect to additional rent as they do with rent.
7. Utilities. Tenant is responsible for payment of all utility and other services for the Premises, with the
exception of electric, gas, trash, water, which will be paid for by Landlord.
8. Security Deposit. Upon signing this Agreement, Tenant will pay a security deposit in the amount of
$1,512.00 to Landlord. The security deposit will be retained by Landlord as security for Tenant’s
performance of its obligations under this Agreement. The security deposit may not be used or deducted
by Tenant as the last month’s rent of the Term. Tenant will be entitled to a full refund of the security
deposit if Tenant returns possession of the Premises to Landlord in the same condition as accepted,
ordinary wear and tear excepted. Within thirty (30) days after the termination of this Agreement, Landlord
will return the security deposit to Tenant (minus any amount applied by Landlord in accordance with this
section). Any reason for retaining a portion of the security deposit will be explained in writing. The security
deposit will not bear interest while held by Landlord in accordance with applicable state laws and/or local
ordinances.
10. Holdover Tenancy. Unless this Agreement has been extended by mutual written agreement of the
Parties, there will be no holding over past the Term under the terms of this Agreement under any
circumstances. If it becomes necessary to commence legal action to remove Tenant from the Premises,
the prevailing Party will be entitled to attorney's fees and costs in addition to damages.
11. Use of Premises. The Premises will be occupied only by Tenant and Tenant’s immediate family and
used only for residential purposes. Tenant will not engage in any objectionable conduct, including
behavior which will make the Premises less fit to live in, will cause dangerous, hazardous or unsanitary
conditions or will interfere with the rights of others to enjoy their property. Tenant will be liable for any
damage occurring to the Premises and any damage to or loss of the contents thereof which is done by
Tenant or Tenant’s guests or invitees.
12. Condition of the Premises. Tenant has examined the Premises, including the appliances and
fixtures, and acknowledges that they are in good condition and repair, normal wear excepted and tear,
and accepts them in its current condition.
13. Maintenance and Repairs. Tenant will maintain the Premises, including the grounds and all
appliances and fixtures, in clean, sanitary and good condition and repair. Tenant will not remove
Landlord’s appliances and fixtures from the Premises for any purpose. If repairs other than general
maintenance are required, Tenant will notify Landlord for such repairs. In the event of default by Tenant,
Tenant will reimburse Landlord for the cost of any repairs or replacement.
14. Military Clause. In the event Tenant is, or hereafter becomes, a member of the United States Armed
Forces (the “Military”) on extended active duty, and Tenant receives permanent change of station orders
to depart from the area where the Premises is located or is relieved from active duty, retires or separates
from the Military, or is ordered into Military housing, then Tenant may terminate this Agreement upon
giving thirty (30) days written notice to Landlord. Tenant shall also provide to Landlord a copy of the
official orders or a letter signed by Tenant’s commanding officer, reflecting the change which warrants
termination under this Section. Tenant will pay prorated rent for any days Tenant occupies the dwelling
past the first day of the month rent is due. Any security deposit will be promptly returned to Tenant,
provided there are no damages to the Premises.
15. Reasonable Accommodations. Landlord agrees to comply with all applicable laws providing equal
housing opportunities, including making reasonable accommodations for known physical or mental
limitations of qualified individuals with a disability, unless undue hardship would result. Tenant is
responsible for making Landlord aware of any such required accommodations that are reasonable and
will not impose an undue hardship. If Tenant discloses a disability and requests an accommodation,
Landlord has the right to have a qualified healthcare provider verify the disability if the disability is not
16. Sex Offender Registry. Pursuant to law, information about specified registered sex offenders is
made available to the public. Tenant understands and agrees that Tenant is solely responsible for
obtaining any and all information contained in the state or national sex offender registry for the area
surrounding the Premises, which can be obtained online or from the local sheriff’s department or other
appropriate law enforcement officials. Depending on an offender’s criminal history, this information will
include either the address at which the offender resides or the community of residence and zip code in
which he or she resides.
17. Compliance. Tenant agrees to comply with all applicable laws, ordinances, requirements and
regulations of any federal, state, county, municipal or other authority.
18. Mechanics’ Lien. Tenant understands and agrees that Tenant and anyone acting on Tenant’s behalf
does not have the right to file for mechanic’s liens or any other kind of liens on the Premises. Tenant
agrees to give actual advance notice to any contractors, subcontractors or suppliers of goods, labor or
services that such liens are invalid. Tenant further agrees to take the additional steps necessary to keep
the Premises free of any and all liens that may result from construction completed by or for Tenant.
19. Subordination. With respect to the Premises, this Agreement is subordinate to any mortgage that
now exists, or may be given later by Landlord.
20. Alterations. Tenant will not make any alteration, addition or improvement to the Premises without first
obtaining Landlord’s written consent. Any and all alterations, additions or improvements to the Premises
are without payment to Tenant and will become Landlord’s property immediately on completion and
remain on the Premises, unless Landlord requests or permits removal, in which case Tenant will return
that part of the Premises to the same condition as existed prior to the alteration, addition or improvement.
Tenant will not change any existing locks or install any additional locks on the Premises without first
obtaining Landlord's written consent and without providing Landlord a copy of all keys.
21. Smoking. Smoking of any kind is strictly prohibited on any part of the Premises. This prohibition
applies to Tenant and any visitors, guests or other occupants on the Premises.
22. Pets. Tenant is not allowed to have or keep any pets, even temporarily, on any part of the Premises.
The unauthorized presence of any pet will subject Tenant to penalties, damages, deductions and/or
termination of this Agreement. Properly trained service animals that provide assistance to individuals with
disabilities may be permitted on the Premises with the prior written consent of Landlord, which shall not
be unreasonably withheld. Tenant will be responsible for the costs of de-fleaing, deodorizing and/or
shampooing all or any portion of the Premises if a pet has been on the Premises at any time during the
Term (whether with or without written consent of Landlord).
23. Inspection Checklist. In order to avoid disagreements about the condition of the Premises, at the
time of accepting possession of the Premises, Tenant will complete the Inspection Checklist incorporated
herein by reference and attached hereto as Exhibit A and record any damage or deficiencies that exist at
24. Fire and Casualty. If the Premises are damaged by fire or other serious disaster or accident and the
Premises becomes uninhabitable as a result, Tenant may immediately vacate the Premises and
terminate this Agreement upon notice to Landlord. Tenant will be responsible for any unpaid rent or will
receive any prepaid rent up to the day of such fire, disaster or accident. If the Premises are only partially
damaged and inhabitable, Landlord may make full repairs and will do so within a prompt and reasonable
amount of time. At the discretion of Landlord, the rent may be reduced while the repairs are being made.
25. Liability. Landlord is not responsible or liable for any loss, claim, damage or expense as a result of
any accident, injury or damage to any person or property occurring anywhere on the Premises, unless
resulting from the negligence or willful misconduct of Landlord.
26. Renter's Insurance. Tenant is required to obtain, and maintain at all times during the Term, a renter’s
insurance policy with a minimum of $100,000.00 personal liability coverage. Tenant will name Landlord as
an interested party or additional insured. Tenant will provide Landlord with a certificate or proof of
insurance upon request.
27. Assignment and Subletting. Tenant will not assign this Agreement as to any portion or all of the
Premises or make or permit any total or partial sublease or other transfer of any portion or all of the
Premises.
28. Insurance Requirements. Tenant will not do or permit to be done any act or thing that will increase
the insurance risk under any policy of insurance covering the Premises. If the premium for such policy of
insurance increases due to a breach of Tenant’s obligations under this Agreement, Tenant will pay the
additional amount of premium as additional rent under this Agreement.
29. Right of Entry. Landlord or its agents may enter the Premises at reasonable times to inspect the
Premises, to make any alternations, improvements or repairs or to show the Premises to a prospective
tenant, buyer or lender. In the event of an emergency, Landlord may enter the Premises at any time.
30. Surrender. Tenant will deliver and surrender to Landlord possession of the Premises immediately
upon the expiration of the Term or the termination of this Agreement, clean and in as good condition and
repair as the Premises was at the commencement of the Term, reasonable wear and tear excepted.
31. Default. In the event of any default under this Agreement, Landlord may provide Tenant a notice of
default and an opportunity to correct such default. If Tenant fails to correct the default, other than a failure
to pay rent or additional rent, Landlord may terminate this Agreement by giving a thirty (30) day written
notice. If the default is Tenant’s failure to timely pay rent or additional rent as specified in this Agreement,
Landlord may terminate this Agreement by giving a thirty (30) day written notice to Tenant. After
termination of this Agreement, Tenant remains liable for any rent, additional late, costs, including costs to
remedy any defaults, and damages under this Agreement.
33. Subordination. This Agreement and Tenant’s right under it shall be subject and subordinate to the
lien, operation and effect of each existing or future mortgage, deed of trust, ground lease and/or any other
similar instrument of encumbrance covering any or all of the Premises, if any, and each renewal,
modification, consolidation, replacement or extension thereof.
34. Condemnation. If all or substantially all of the Premises are covered by a condemnation including the
exercise of any power of eminent domain by a governmental authority, this Agreement shall terminate on
the date possession of the Premises is taken by the condemning authority, and all rent under this
Agreement shall be prorated and paid to such date. Landlord is entitled to collect from the condemning
authority the entire amount of any award made in any proceeding. Tenant waives any right, title or
interest which Tenant may have to any such award and agrees to not make any claim for the Term of this
Agreement.
35. Hazardous Materials. Tenant shall not keep on the Premises any item of a dangerous, flammable, or
explosive character that might unreasonably increase the danger of fire or explosion on the Premises or
that might be considered hazardous or extra hazardous by any responsible insurance company.
36. Notices. All notices given under this Agreement must be in writing. A notice is effective upon receipt
and shall be delivered in person, sent via certified or registered mail to the following addresses (or to
another address that either Party may designate upon reasonable notice to the other Party):
37. Quiet Enjoyment. If Tenant pays the rent and performs all other obligations under this Agreement,
Tenant may peaceably and quietly hold and enjoy the Premises during the Term.
38. No Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise
of any rights held under this Agreement unless such waiver is made expressly and in writing.
39. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole
or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and
enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement.
41. Governing Law. The terms of this Agreement and the rights and obligations of the Parties hereto
shall be governed by and construed in accordance with the laws of the State of North Carolina, without
regard to its conflicts of laws provisions.
42. Amendments. This Agreement may be amended or modified only by a written agreement signed by
the Parties.
43. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, and all of which together shall constitute one and the same document.
44. Headings. The section headings herein are for reference purposes only and shall not otherwise
affect the meaning, construction or interpretation of any provision in this Agreement.
45. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and
supersedes and cancels all prior agreements of the Parties, whether written or oral, with respect to the
subject matter.
IN WITNESS WHEREOF, the Parties hereto, individually or by their duly authorized representatives, have
executed this Agreement as of the Effective Date.
Tristian Hollowell
Landlord Signature Landlord Full Name
Amber Bruns
Tenant Signature Tenant Full Name