Common use of LEAVING THE UNIT Clause in Contracts

LEAVING THE UNIT. DEPOSIT RETURN, SURRENDER, AND ABANDONMENT. LANDLORD will mail TENANT’s SECURITY DEPOSIT refund (less lawful deductions) and an itemized accounting of any deductions no later than 45 days after termination of the LEASE; provided TENANT provides LANDLORD with written notice of TENANT’s new mailing address to which to deliver the notice and SECURITY DEPOSIT (less lawful deductions). TENANT will have surrendered the UNIT when: (1) the move-out date has passed and no one is living in the UNIT in LANDLORD’S reasonable judgment; or (2) all UNIT keys and access devices have been turned in where RENT is paid—whichever date occurs first. TENANT will have abandoned the UNIT when all of the following have occurred: (1) the TENANT has failed to: (a) pay; or (b) offer to pay RENT due under the LEASE; and (2) the circumstances are such that a reasonable person would conclude that the TENANT has surrendered possession of the UNIT. If TENANT abandons the UNIT, LANDLORD may take possession of the UNIT and its contents. LANDLORD may dispose of the contents and re-rent the UNIT without obligation to TENANT. TENANT must pay the cost for removal and other associated costs. If LANDLORD sells the contents, TENANT will be credited with the actual amount received, less the cost of removal and sale. LANDLORD may destroy or otherwise dispose of some or all of the contents if LANDLORD reasonably determines that the value of the contents is so low that the cost of moving, storage and conducting a public sale exceeds the amount that would be realized from the sale. TENANT must still pay the RENT for the entire term.

Appears in 1 contract

Sources: Residential Lease Agreement

LEAVING THE UNIT. DEPOSIT RETURN, SURRENDER, AND ABANDONMENT. LANDLORD will mail TENANT’s SECURITY DEPOSIT refund (less lawful deductions) and an itemized accounting of any deductions no later than 45 days after termination of the LEASE; provided TENANT provides LANDLORD with written notice of TENANT’s new mailing address to which to deliver the notice and SECURITY DEPOSIT (less lawful deductions). TENANT will have surrendered the UNIT when: . (1) the move-out date has passed and no one is living in the UNIT in LANDLORD’S reasonable judgment; or (2) all UNIT keys and access devices have been turned in where RENT is paidwhichever date occurs first. TENANT will be deemed to have abandoned the UNIT when all of the following have occurred: (1) the everybody appears to have moved out in LANDLORD’S reasonable judgment; (2) clothes, furniture, and personal belongings have been substantially removed in LANDLORD’S reasonable judgment; (3) TENANT has failed to: (a) pay; been in default for non-payment of RENT for 5 consecutive days, or (b) offer to pay RENT due under water, gas, or electric service for the LEASEUNIT not connected in LANDLORD’S name has been terminated, suspended or transferred; and (24) the circumstances are such that a reasonable person would conclude that the TENANT has surrendered possession not responded for 2 days to LANDLORD’S notice left on the inside of the UNITmain entry door, stating that LANDLORD considers the UNIT abandoned. A UNIT is also “abandoned” 10 days after the death of a sole TENANT. If TENANT abandons the UNIT, LANDLORD may take possession of the UNIT and its contents. LANDLORD may dispose of the contents and re-rent the UNIT without obligation to TENANT. TENANT must pay the cost for removal and other associated costs. If LANDLORD sells the contents, TENANT will be credited with the actual amount received, less the cost of removal and sale. LANDLORD may destroy or otherwise dispose of some or all of the contents if LANDLORD reasonably determines that the value of the contents is so low that the cost of moving, storage and conducting a public sale exceeds the amount that would be realized from the sale. TENANT must still pay the RENT for the entire term.

Appears in 1 contract

Sources: Residential Lease Agreement