Leasing Toolkit for Leasing Consultants

EXPLANATION OF THE MERLIN LEASE DOCUMENT

15. Resident Default. This section outlines what constitutes a default by the Resident and what MAA’s remedies are in the event of a default. 16. Repairs. The Resident agrees in this section that they accept the Apartment in its current condition at move-in and that there are no bed bug or other insect infestations at that time. MAA will make necessary repairs after notice from the Resident; however, the Resident will be responsible for the cost of any damage, beyond normal wear and tear, caused by the Resident or any occupant, guest or other person invited to the Property by the Resident. Residents are required to promptly notify MAA of any water leaks, mold, or other condition that might be a hazard to health or safety. Residents are not allowed to paint or make any other alterations to the Apartment without MAA’s written permission. The Resident must immediately notify MAA if there are any insect or bug infestations in the Apartment and must pay all costs incurred by MAA in treating such infestation if it occurred because the Resident brought the insects or bugs into the Apartment. Residents must cooperate with any treatment plan and may not treat the Apartment on their own. Finally, Residents acknowledge that there may be on- going repair projects at the Property which may result in noise, odors or other unfavorable conditions. 17. Security Acknowledgment. Residents are responsible for their own safety and security. MAA can- not and does not market or guarantee that the Apartment or the Property is safe from crime. MAA will provide smoke detectors as required by law and the Resident must inspect those detectors and provide written notice to MAA if these need to be repaired. MAA may, but is not required to provide courtesy officers, but those individuals do not have law enforcement powers or direct responsibility for personal safety of residents. Unless otherwise stated in the Lease for a Property, any alarm system pro- vided in the Apartment may be used or activated at the sole discretion of the Resident. 18. Surrender; Abandonment. Sometimes a Resident surrenders the Apartment to MAA by returning keys and sometimes a Resident does not give official notice or return keys. This section explains how MAA will determine if the Resident has abandoned the Apartment and also what rights MAA has after surrender or abandonment of the Apartment. 19. Landlord's Permission or Consent. Any permission granted by MAA must be in writing, may be with- held by MAA in its sole discretion and may contain conditions or restrictions which must be complied with by the Resident. 20. Disclosure. MAA may obtain updated credit or criminal reports during the Lease and may also pro- vide information to credit reporting agencies. This section may also include various disclosures which are applicable to a specific Property or Apartment related to environmental compliance, specific construction activity or proximity of the Apartment to retail establishments, the fitness center, trash chute, etc.

21. Fire. If the Apartment is damaged or destroyed, both MAA and the Resident are granted certain termination rights as set forth in this section.

22. Indemnification. The Resident must indemnify MAA for losses related to the Resident’s failure to fulfill the requirements of the Lease, damage caused by the Resident, or violation of law subject to certain restrictions and conditions.

23. Failure of Landlord to Act. Even if MAA doesn’t enforce a provision of the Lease, that does not limit MAA’s remedies or mean MAA cannot enforce the Lease provision later.

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