001 Form Apartment Lease Form
001 Form Apartment Lease Form
001 Form Apartment Lease Form
13. PROPERTY LEFT IN APARTMENT. 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for
Removal After Surrender, Abandonment, or Eviction. We or construction, repairs, cleaning, or a previous resident’s holding
law officers may remove and/or store all property remaining in the over, we’re not responsible for the delay. The Lease Contract will
apartment or in common areas (including any vehicles you or any remain in force subject to: (1) abatement of rent on a daily basis
occupant or guest owns or uses) if you are judicially evicted or if you during delay; and (2) your right to terminate as set forth below.
surrender or abandon the apartment (see definitions in paragraph Your termination notice must be in writing. After termination, you
50 (Deposit Return, Surrender and Abandonment)). are entitled only to a refund of deposit(s) and any rent paid. Rent
abatement or Lease Contract termination does not apply if delay
Storage. We may store, but have no duty to store, property
is for cleaning or repairs that don’t prevent you from occupying
removed after judicial eviction, surrender, or abandonment of
the apartment, or if we have offered you substitute premises of
the apartment. You must pay reasonable charges for our packing,
comparable location and quality at no additional cost to you.
removing, storing, and selling any property. We have a lien on all
property removed and stored after surrender, abandonment, or If there is a delay and we haven’t given notice of delay as set forth
judicial eviction for all sums you owe. immediately below, you may terminate up to the date when the
apartment is ready for occupancy, but not later.
Redemption. If we’ve removed and stored property after
surrender, abandonment, or judicial eviction, you may redeem (1) If we give written notice to any of you when or after the initial
only by paying all sums you owe, including rent, late charges, early term as set forth in Paragraph 3 (Lease Term)—and the notice
move-out charges, storage, damages, etc. We may return redeemed states that occupancy has been delayed because of construction
property at the place of storage, the management office, or the or a previous resident’s holding over, and that the apartment
apartment (at our option). We may require payment by cash, money will be ready on a specific date—you may terminate the Lease
order, or certified check. Contract within 3 days of the date on the notice, but not later.
Disposition or Sale. Except for animals and property removed (2) If we give written notice to any of you before the initial term as
after the death of a sole resident, if you abandon the premises or set forth in Paragraph 3 (Lease Term) and the notice states that
vacate the premises upon the expiration or termination of the Lease construction delay is expected and that the apartment will be
Contract or for any reason while leaving personal property within ready for you to occupy on a specific date, you may terminate
the premises, including any parking spaces, garages, or storage the Lease Contract within 7 days of the date on the notice, but
units, you intentionally, specifically and irrevocably waive all title not later. The readiness date is considered the new initial term
and interest you have in such property and grant us full authority as set forth in Paragraph 3 (Lease Term) for all purposes. This
to immediately dispose of the property without notice, court order, new date may not be moved to an earlier date unless we and
accountability, or liability. You agree to indemnify us, our employees you agree.
and representatives against any claim or cost for any damages or
expenses with regard to the removal, disposal or storage of any 17. AD VALOREM TAXES/FEES AND CHARGES. Unless otherwise
property, including attorneys’ fees and costs regardless of who makes prohibited by law, if, during the term of this Agreement, any locality,
a claim against us or any other indemnified party in connection city, state, or Federal Government imposes upon Us, any fee, charge,
with our removal of any property. We may throw away or give to or tax, which is related to or charged by the number of occupants,
a charitable organization all items of personal property that are: or by the apartment unit itself, such that we are charged a fee,
(1) left in the apartment after surrender or abandonment; or charge, or tax, based upon your use or occupancy of the apartment,
(2) left outside more than 1 hour, or any period legally required, we may add this charge during the term of the Lease Contract, with
after a writ of restitution is executed, following a judicial eviction. thirty (30) days advance written notice to you. After this written
Animals removed after surrender, abandonment, or eviction may be notice (the amount or approximate amount of the charge, will be
kenneled or turned over to local authorities or humane societies. included), you agree to pay the amount of the charge, tax or fee
Property not thrown away or given to charity may be disposed of imposed upon us, as a result of your occupancy. As examples, these
as permitted by law. charges can include, but are not limited to: any charges we receive
for any zoning violation, sound, noise or litter charge; any charge
14. FAILING TO PAY MOVE-IN CHARGES. If you don’t pay the first under any nuisance or chronic nuisance type statute, 911 or other
month’s rent, all or any other sums due and owing when or before the life safety, per person, or per unit charge or tax and any utility bill
Lease Contract begins, all remedies pursuant to this Lease Contract unpaid by you, which is then assessed to us for payment.
and at law will apply. We also may end your right of occupancy and
recover damages, early move-out charges, attorney’s fees, court 18. DISCLOSURE RIGHTS. If someone requests information on
costs, and other lawful charges. Our rights and remedies under you or your rental history for law-enforcement, governmental, or
paragraphs 11 (Early Move-Out) and 33 (Default by Resident) apply business purposes, we may provide it.
to acceleration under this paragraph.
Replacements
31. CHANGING RESIDENTS. You may not assign or sublet without any documents we deem necessary. The departing resident must
our prior written consent, which may be withheld in our absolute agree in writing as to the disposition of any security deposit. The
discretion. Replacing, adding, or subcontracting a resident is allowed departing resident will no longer have a right to occupancy or a
only with our written consent. We may specifically condition security deposit refund, but will remain liable for the remainder
any changes to authorized occupants upon among other things, of the original Lease term unless we agree otherwise in writing—
successful completion of the application process by any proposed even if a new Lease Contract is signed. You may not advertise or
new resident, payment of application fees or other customary sublease the premises as a short-term or vacation rental via airbnb,
fees and charges required by new residents, and the execution of Homeaway, VRBO, or similar forum.
General Clauses
34. ENTIRE AGREEMENT. Neither we nor any of our representatives 40. CONTACTING YOU. By signing this lease, you are agreeing that we,
have made any oral promises, representations, or agreements. This our representative(s) or agent(s) may contact you. You agree that
Lease Contract is the entire agreement between you and us. we may contact you using any contact information relating to your
lease including any number (i) you have provided to us (ii) from
35. NO AUTHORITY TO AMEND UNLESS IN WRITING. which you called us, or (iii) which we obtained and through which
Our representatives (including management personnel, employees, we reasonably believe we can reach you. You agree we may use any
and agents) have no authority to waive, amend, or terminate this means to contact you. This may include calls made to your cellular
Lease Contract or any part of it, unless in writing, and no authority telephone using an automatic telephone dialing system, artificial or
to make promises, representations, or agreements that impose prerecorded voice messages, text messages, mail, e-mail, and calls
security duties or other obligations on us or our representatives to your phone or Voice over Internet Protocol (VoIP) service, or any
unless in writing. other data or voice transmission technology. You agree to promptly
notify us if you change any contact information you provide to us.
36. NO WAIVER. No action or omission of our representative will be You are responsible for any service provider charges as a result of
considered a waiver of any subsequent violation, default, or time us contacting you.
or place of performance. Our not enforcing or belatedly enforcing
written-notice requirements, rental due dates, acceleration, liens, 41. OBLIGATION TO VACATE. If we provide you with a notice to
or other rights isn’t a waiver under any circumstances. vacate, or if you provide us with a written notice to vacate or intent
to move-out in accordance with the Lease Terms paragraph, and
37. NOTICE. Except when notice or demand is required by statute, we accept such written notice, then you are required to vacate the
you waive any notice and demand for performance from us if you Apartment and remove all of your personal property therefrom
default. Written notice to or from our managers constitutes notice at the expiration of the Lease term, or by the date set forth in the
to or from us. Any person giving a notice under this Lease Contract notice to vacate, whichever date is earlier, without further notice or
should retain a copy of the memo, letter or fax that was given. Fax demand from us.
signatures are binding. All notices must be signed.
42. FORCE MAJEURE. If we are prevented from completing
38. MISCELLANEOUS. performances of any obligations hereunder by an act of God,
A. All of your obligations under this Lease Contract (including strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane,
payment of all sums) are independent covenants. tornado, sabotage, or other occurrence which is beyond the
B. A violation on our part is not a defense to eviction. control of the parties, then we shall be excused from any further
C. Exercising one remedy won’t constitute an election or waiver performance of obligations and undertakings hereunder, to the full
of other remedies. extent allowed under applicable law.
D. Unless prohibited by law or the respective insurance policies,
insurance subrogation is waived by all parties. Furthermore, if such an event damages the property to materially
E. All remedies are cumulative. affect its habitability by some or all residents, we reserve the right
F. No employee, agent, or management company is personally to vacate any and all leases and you agree to excuse us from any
liable for any of our contractual, statutory, or other obligations further performance of obligations and undertakings hereunder, to
merely by virtue of acting on our behalf. the full extent allowed under applicable law.
G. This Lease Contract binds subsequent owners.
43. PAYMENTS. At our option and without notice, we may apply
H. Neither an invalid clause nor the omission of initials on any
money received (other than late charges under paragraph 6 (Rent
page invalidates this Lease Contract.
and Late Charges) and sale proceeds under paragraph 13 (Property
I. All provisions regarding our non-liability and non-duty apply
Left in Apartment)) first to any of your unpaid obligations, then to
to our employees, agents, and management companies.
current rent—regardless of notations on checks or money orders
J. This Lease Contract is subordinate or superior to existing and
and regardless of when the obligations arose. All sums other than
future recorded mortgages, at lender’s option.
base monthly rent are due upon our demand. After the due date
K. All Lease Contract obligations must be performed in the county
and any legally required demand or cure period, we do not have to
where the apartment is located.
accept the rent or any other payments.
L. All discretionary rights reserved for us within this Lease
Contract or any accompanying addenda are at our sole and 44. ASSOCIATION MEMBERSHIP. We represent that either: (1) we
absolute discretion. or; (2) the management company that represents us, is at the time
of signing this Lease Contract or a renewal of this Lease Contract,
39. WAIVER OF JURY TRIAL. To minimize legal expenses and,
to the extent allowed by law, you and we agree that in any legal a member of both the National Apartment Association and any
affiliated state and local apartment (multi-housing) associations for
proceedings in which we are seeking possession of the Apartment
the area where the apartment is located.
from you, a trial shall be to a judge and not a jury.
© 2024, National Apartment Association, Inc. Colorado/National Apartment Association Official Form, March 2024 Page 9 of 9