Lease #2
Lease #2
Lease #2
This Lease Agreement (the “Agreement”) is made and entered on September 01, 2021 (the
“Effective Date”) by and between Sammy Johnson (the “Landlord”) and the following tenants:
__________________________________________________________
__________________________________________________________
Subject to the terms and conditions stated below the parties agree as follows:
1.Property. Landlord, in consideration of the lease payments provided in this Lease, leases to
Tenant the following: Single Family Home (the “Premises”) located at 413 Live Oak Church
Road, Lot #2, Hinesville, Georgia 31
313. No other portion of the building (hereinafter, the Building), wherein the Premises is
located is included unless expressly provided for this Agreement.
2.Term. The lease term will begin on September 01, 2021 (“Commencement Date”) and shall
continue as a month-to-month tenancy. Tenant may terminate the tenancy by giving the
Landlord written notice of at least 45 days prior to the desired terminate date. Landlord may
terminate the tenancy by giving written notice by law.
Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and
Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by
local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent).
Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms
and conditions of this Agreement shall remain in full force and effect.
3.Management. The Tenant is hereby notified that j is the property manager in charge of the
Property. Should the tenant have any issues or concerns the Tenant may contact jeff fountain
at 770 864 4556
4.Rent. “Rent” shall mean all monetary obligations of Tenant to Landlord under the terms if
this Agreement, except the Security Deposit.
(a) Tenant shall pay to Landlord lease payments of $650.00, payable in advance on the
first day of each calendar month and is delinquent on the next day. Lease payments shall be
made to Landlord at the address of Landlord in the Notices provision of this Lease which may
be changed from time to time by Landlord.
5.Security Deposit. At the time of the signing of this Lease, Tenant shall pay to Landlord, in
trust, a security deposit of $650.00 to be held and disbursed for Tenant damages to the
Premises or other defaults under this Agreement (if any) as provided by law.
The balance of the security deposit must be returned to Tenant within forty-five (45) days after
the termination of this Agreement or the surrender of Premises by Tenant, along with an
itemization of any amounts being withheld, so long as the full term of the Lease expired; Tenant
has given the required written notice to vacate; no damage has been done to the Premises or
its contents, except for normal wear and tear; the Premises are clean and free of dirt, trash and
debris; all rent, additional rent, fees and charges have been paid in full, and all keys, access
cards, gate openers and garage openers, if any, have been returned to Landlord.
6.Move-in Inspection. Prior to Tenant tendering the Security Deposit, Landlord will provide
Tenant with an “Inspection Checklist” attached hereto itemizing and existing damages to
Property. Prior to taking occupancy, Tenant will be given the right to inspect the Property to
ascertain the accuracy of the checklist. Both Landlord and Tenant must sign the checklist.
Tenant will be entitled to retain a copy of the checklist.
Landlord reserves the right to demand future payments by cashier’s check, money order or
certified funds on all future payments in event of a check returned for insufficient funds.
Nothing in this paragraph limits other remedies available to the Landlord as a payee of a
dishonored check. Landlord and Tenant agree that three returned checks in any twelve-month
period constitutes frequent return of checks due to insufficient funds and may be considered a
just cause for eviction.
8. Late Payments. For any payment that is not paid within 5 days after its due date, Tenant
shall pay a late fee of $50.00.
9. Failure to Pay. Tenant is hereby notified that a negative credit report reflecting on Tenant’s
credit history may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of
their credit obligations, such as their financial obligations under the terms of this Agreement.
10. Occupants. No more than 4 person(s) may reside on the Premise unless the prior written
consent of the Landlord is obtained.
This Lease and occupancy of the Premises is binding, individually and severally, on each
person(s) specifically named and who signs this Lease, regardless of the named person’s
occupancy of the Premises.
Authorized Tenants/Occupants:
Tenant may have guests on the Property for not over (15) consecutive days or (30) days in a
calendar year, and no more than two guests per bedroom at any one time. Persons staying
more than (15) consecutive days or more than (30) days in any calendar year will NOT be
considered original occupants of the Property. Tenant must obtain the prior written approval
of Landlord if an invitee of Tenant will be p resent at the Property for more than (15)
consecutive days or (30) days in a calendar year.
11. Possession. Tenant will be entitled to possession of the Property on the first day of the
term of this Agreement, unless otherwise agreed by both partied in writing. At the expiration
of the tern, Tenant will remove its goods and effect and peaceably yield up the Property to
Landlord in a good condition as when delivered to Tenant, ordinary wear and tear expected.
12. Use of Property/Absences. Tenant will occupy and use the Property as full-time residential
dwelling unit. Tenant will notify Landlord of any anticipated extended absence from the
Property not later than the first day of the extended absence.
No retail commercial or professional use of the Property is allowed unless Tenant received prior
written consent of the Landlord and such use confirms to applicable zoning laws. In such case,
Landlord may require Tenant to obtain liability insurance for the benefit of Landlord. Landlord
reserves the right to refuse to consent to such use in its sole and absolute discretion.
The failure to abide by the provisions of this section will constitute a material breach of this
Agreement and is a just cause for eviction.
13. Keys. Tenant will be given 2 keys(s) to the Premised and 0 mailbox key(s). If all keys are not
returned to Landlord following termination of the Lease, Tenant shall be charged $75.00.
Tenant is not permitted to change any lock or place additional locking devices on any door or
window of the Premised without Landlord’s approval prior to installation. If allowed, Tenant
must provide Landlord with keys to any changed lock immediately upon installation.
14. Lockout. If Tenant becomes locked out of Premises, Tenant will be charged $200.00 to
regain entry.
15. Storage. No additional storage space outside the Premises is provided or authorized by this
Lease. Tenant shall not store any property in any area outside of the rental Premises at any
time.
16. Parking. This Lease does not include or provide for parking spaced for motor vehicles or
motorcycles anywhere in or about the Premises and or Building.
17. Roof/Fire Escape. Use of the roof and/or the fire escapes by Tenants and/or guests is
limited to emergency use only. No other use is permitted, including but not limited to, the
placement of personal property.
18. Pets. Tenant is permitted to have pets, subject to the following limitations:
At the time of signing the Lease, Tenant shall pay to Landlord, in trust, a deposit of $200.00, to
be held and disbursed for pet damages to the Premised (if any) as provided by law. This deposit
is in addition to any other security deposit stated in this Lease.
Strays shall not be kept or fed in or about the Premises. Strays can be dangerous, and Landlord
must be notified immediately of any strays in or about the Premised.
19. Smoking. Smoking is prohibited in any area in or on the Premises and on the Property, both
private and common, whether enclosed or outdoors. This policy applies to all owners, tenants,
guest, employees, and servicepersons. The tenant will be liable for any damaged caused to the
Premised or Property due to Tenant or Tenant’s visitors or guests smoking in the Premises or
Property. Any violation of this policy will be seen as a breach of this contract and Landlord will
be entitled to all remedies allowable by law including eviction.
20. Maintenance. Landlord shall have the responsibility to always maintain the Premises in
reasonably good repair and perform all repairs reasonably necessary to satisfy any implied
warranty of habitability.
Except in an emergency, all maintenance and repair requests must be made in writing and
delivered to Landlord or its Agent. A repair request will be deemed permission for the Landlord
or its Agent to enter the Premised to perform such maintenance or repairs in accordance with
ACCESS BY LANDLORD TO PREMISES herein unless otherwise specifically requested, in writing,
by Tenant. Tenant may not place any reasonable restrictions upon Landlords or Landlord’s
Agents access or entry. Landlord shall have expectation that the Premises is in a safe and
habitable condition upon entry.
21. Utilities and Services. Tenant shall be responsible for all utilities and services incurred in
connection with the Premises.
22. Taxes. Taxes attribute to the Premises or the use of the Premises shall be allocated as
follows:
REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for the Premises.
PERSONAL PROPERTY TAXES. Landlord shall pay all personal property taxes and any other
charges which may be levied against the Premises which are attributable to Tenant’s use of the
Premises, along with sales and/or use taxes (if any) that may be due to connection with lease
payments.
23. Property Insurance. Landlord and Tenant shall each be responsible to maintain appropriate
insurance for their respective interests in the Premises and property located on the Premises.
24. Default. If Landlord determines that Tenant is in default of this Agreement, including but
not limited to the failure to pay rent when due, as authorized under O.C.G.A 44-7-50, Landlord
may immediately demand possession of the Property. In such event, Landlord will provide
Tenant with at least one (1) day written Notice to Vacate. Landlord may provide such notice by
serving personally on Tenant, or by leaving the same at the principle building on the Property,
or by posting the same conspicuously on the leased Property. In addition, all unpaid rents
payable during the remainder of this Agreement; (b) Landlord’s cost of reletting the Property
including but no limited to leasing fees, utility charges, and any other fees necessary to relet
Property; (c) repairs to the Property for Tenant’s use that are beyond normal wear and tear; (d)
all of Landlord’s costs associated with evicting Tenant, including but not limited court costs,
costs of service, prejudgment interest, and reasonable attorney’s fees; (e) all of Landlord’s costs
associated with collecting amounts due under this Agreement, including but not limited to debt
collection fees, late charges, and returned check charges; (f) and any other recovery to which
Landlord is entitled by law or in equity. Landlord is obligated to make all reasonable efforts to
migrate any damage or loss resulting from Tenant’s breach by attempting to relet the Property
to acceptable tenants and thereby reducing Tenant’s liability.
25. Termination upon Sale of Property. Notwithstanding any other provision of this
Agreement, Landlord may terminate this Agreement upon 45 days’ written notice to Tenant
that the Property has been sold.
26. Military Termination. In the event, the Tenant is, or hereafter becomes, a member of the
Unites Stated Armed Forces on extended active duty and hereafter the Tenant received
permanent change of station orders to depart from the area where the Property is located, or is
relieved from active duty, retires or separates from the military, or is ordered into military
housing, than in any of these events, the Tenant may terminate this lease upon giving forty-five
(45) days written notice to the Landlord. The Tenant will also provide to the Landlord a copy of
the official orders, or a letter signed by the Tenant’s commanding office, reflecting the change,
which warrants termination under this provision. The Tenant will pay prorated rent for any
days (he/she) occupy the dwelling past the first day of the month. Any security deposit will be
promptly returned to the Tenant, provided there are no damages to the Property.
28. Hazardous Materials. Tenant shall not keep or have on the Premises any article or thing of
a dangerous, flammable, or explosive character that might substantially increase the danger of
fire on the Premises, or that might be considered hazardous by a responsible insurance
company, unless the prior written consent of Landlord is obtained, and proof of adequate
insurance protections is provided by Tenant to Landlord.
29. Smoke Detectors. Tenant acknowledges that Property is equipped with a smoke
detector(s) that is in good working order and repair. Tenant agrees to be solely responsible to
check the smoke detector every thirty (30) days and notify Landlord immediately if the smoke
detector is not functioning properly.
30. Neighborhood Conditions. Tenant acknowledges that in every neighborhood there are
conditions which different tenants may find objectionable. It will be Tenant’s duty to become
acquainted with any present or future neighborhood conditions which could affect the Property
including without limitation landfills, quarries, high-voltage power lines, cemeteries, airports,
stadiums, odor producing factories, crime, schools serving the Property, political jurisdictional
maps and land use and transportation maps and plan. If Tenant is concerned about the
possibility of a registered sex offender residing in a neighborhood in which Tenant is interested,
Tenant should review the Georgia Violent Sex Offender Registry available on the Georgia
Bureau of Investigation website at www.gbi.georgia.gov.
31. Damage to Property. If the Property is damaged or destroyed as to render it uninhabitable,
then either Landlord or Tenant will have the right to terminate this Agreement as of the date on
which such damage occurs, through written notice to the other party to be given without 20
days of occurrence of such damage. However, if such damage should occur as the result of the
conduct or negligence of Tenants or Tenants’ guests or invitees, Landlord will have the right to
termination and Tenants will be responsible for all loses, including, but not limited to, damage
and repair costs as well as loss of rental income.
32. Landlord Access to Property. Subject to Tenant’s consent (which shall not be unreasonably
withheld), Landlord shall have the right to enter the Premises to make inspections, provide
necessary services, or show the unity to prospective buyers, mortgages, tenants or workers.
Landlord will provide reasonable notice of its intention to enter the Premises. If Tenant has,
after written notice to cease, continued to deny Landlord access to the unity, as required by
State law, such failure is substantial breach of this agreement and is a just cause for eviction.
However, Landlord does not assume any liability for the care or supervision of the Premises. As
provided by law, in the case of emergency, Landlord may enter the Premises without Tenant’s
consent. During the last three months of this Lease, or any extension of this Lease, Landlord
shall be allowed to display the usual “To Let” signs and show the Premises to prospective
tenants.
33. Indemnity Regarding Use of Property. To the extend permitted by law, Tenant agrees to
indemnify, hold harmless, and defend Landlord from and against any and all losses, claims,
liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer
or incur in connection with Tenant’s possession, use of misuse of the Property, except
Landlord’s act or negligence. Tenant hereby expressly releases Landlord and/or agent from any
and all liability for loss or damage to Tenants property or effects whether on the Property,
garage, storerooms or any other location in or about the Property, arising out of any cause
whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case
that such damages has adjudged to be the result of the gross negligence of Landlord, Landlords
employees, heirs, successors, assignees and/or agents.
34. Accommodation. Landlord agrees to and is committed to complying with all applicable
laws providing equal housing opportunities. To ensure compliance, Landlord will make
reasonable accommodations for the known physical or mental limitations of an otherwise
qualified individual with al disability who is an applicant or a tenant, unless undue hardship
would result. It is the applicant or tenants’ responsibility to make Landlord aware of any
required accommodation. In writing, the individual with the disability should specify the nature
and effect of the disability should specify the nature and effect of the disability and any
accommodation he or she needs. If after thoughtful consideration and evaluation, the
accommodation. Landlord reserves the right to require appropriate medical verification of the
disability.
35. Compliance with Regulations. Tenant will promptly comply with all laws, ordinances,
requirements, and regulations of the federal, state, county, municipal and other authorities,
and the fire insurance underwriters. However, Tenant will not by this provision be required to
make alterations to the exterior of the building or alterations of a structural nature.
36. Mechanics Liens. Neither Tenant nor anyone claiming through the Tenant will have the
right to file mechanics liens or any other kind of lien on the Property and the filing of this
Agreement constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give
actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or
services that such liens will not be valid, and (2) take whatever additional steps that are
necessary to keep the Property free of all liens resulting from construction done by or for the
Tenant.
37. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists, or
may be given later by Property Owner, with respect to the Property.
38. Assignment and Subletting. Tenant may not assign or sublease any interest in the
Property, no assign, mortgage or pledge this Agreement. This is a blanket prohibition, meaning
no replacement tenants(s) will be permitted and no additional tenant or occupant will be
allowed on the Property even if a Tenant leaves the Property. This Prohibition applies to each
term of this Agreement regarding space leases to Tenant. Any wavier of this prohibition is
invalidated or lifted, Tenant, Landlord and any subtenant or assignee agrees to be bound by
every provision contained in this Agreement.
40. Notice. Notices under this Lease shall not be deemed valid unless given or served in writing
and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set
forth below. Such addresses may be changed from time to time by either party by providing
notice as set forth below. Notices mailed in accordance with these provisions shall be deemed
received on the third day after posting.
Property owner:
Sammy Johnson
3331 Mustang Drive
Powder Springs, Georgia 30127
Tenant:
___________________________________________
Landlord and Tenant will each have the right from time to time to change the place notice is to
be given under this paragraph by written notice thereof to the other part. In the event of a
change in any of the name and addresses above. Property owner will advise each Tenant of the
change withing thirty (30) days after the change either in writing or by passing a notice of the
change in a conspicuous place. As required under O.C.G.A. 44-7-3 for disclosure, the Property
Owner designated above is either the owner of record of the Property or a person authorized
to act for an or behalf of the owner for the purposes of service of process and receiving and
receipting for demands and notice and is the person authorized to manage the Property.
41. Governing Law. This Agreement will be governed, construed, and interpreted by, through
and under the Laws of the State of Georgia.
42. Waiver and Severability. The failure of either party to enforce any provisions of this
Agreement will not be construed as a waiver or limitation of that party’s right to subsequently
enforce and compel strict compliance with every provision of this Agreement. If any provision
of this Agreement or the application thereof will, for any reason and to any extend, be invalid
or unenforceable, neither the remainder of this Agreement nor the application of the provision
to other persons, entities or circumstances will be affected thereby, but instead will be
enforced to the maximum extent permitted by law.
43. Time of Essence. Time is of the essence with respect to the execution of this Lease
Agreement.
44. Entire Agreement. This document constitutes the entire Agreement between the Tenant
and Landlord. This Agreement cannot be modified except in writing and must be signed by all
parties. Neither Landlord nor Tenant have made any promises or representations, other than
those set forth in this Agreement and those implied by law. The failure of Tenant or its guests
or invitees to comply with any term of this Agreement is grounds for termination of the
tenancy, with appropriate notice to Tenants and procedures as required law.
45. Application. Tenant represents and warrants that all statements in Tenants rental
application are accurate. Any misrepresentations will be considered a material breach of this
Agreement and may subject Tenant to eviction. Tenant authorizes Property Owner and any
broker to obtain Tenants credit report periodically during the tenancy in connection with the
modification or enforcement of this Lease. Property owner reserves the right to terminate this
Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at
any time, upon discovering that information in Tenants application is false.
46. Binding Effect. The provisions of this Agreement will be binding upon and inure to benefit
of parties and their representative, successors, and assigns.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Agreement in the
manner prescribed by law as of the Effective Date.
LANDLORD:
TENANT