NAA Click & Lease UPDATE

Posted By: Wesley Masters News,

NAA Click & Lease Forms
Update for North Carolina

Dear North Carolina NAA Click & Lease User,

The NAA Click & Lease Program for North Carolina will be updated on May 13, 2020 to include the following changes to your lease forms. The Release Notes, which are accessible when logged into your NAA Click & Lease Program, include copies of these upcoming forms.  

Should you have any questions about these changes, please contact NAA.  As always, we recommend you and your local legal counsel review all new and/or updated forms before implementing them into your leasing operations.

Updated Forms:
Apartment Lease Contract  

  1. Occupants paragraph  
    1. Updated Language: The Apartment will be occupied by you and (list all other occupants not signing the Lease Contract):
    2. New Language: As permitted by law, you understand and agree that we may provide access to any occupant listed under paragraph 2 (Occupants) in the absence of any written document that withdraws such authorization.
    3. Removed Language: Persons not listed above must not stay in the apartment for more than 2 consecutive days without our prior written consent, and no more than twice that many days in any one month.
  2. Lease Term paragraph 
    1. New Language: In the event this Lease Contract has renewed on a month-to-month basis, it shall continuously renew each month thereafter until either party provides the other with a written notice of termination at least 30 days before the end of any such renewal term in accordance with the requirements set forth in paragraph 43 (Move-Out Notice).
  3. Rent and Charges paragraph 
    1. New Language:  If you don’t pay all rent on or before the day of the month (late fee cannot be charged before the 6th day of the month), you’ll pay a late charge of 5% of the rental payment or $15.00, whichever is greater - or, where your rent is subsidized in any way, the late fee shall not exceed $15.00 or an amount equal to 5% of your share of the rental payment. The late fee shall be considered additional rent and you will owe such late fee without us having to demand it from you.
    2. New Language:  You’ll also pay a charge of $_____ or the maximum amount allowed by law as of the date the check is tendered to us (whichever is greater) for each returned check or rejected electronic payment.
  4. Utilities paragraph 
    1. New Language: You are responsible for having all utilities for which You are paying the provider directly, set up in Your name prior to taking possession of the Premises. 
    2. New Language: You must not allow utilities to be disconnected—including disconnection for not paying your bills—until the lease term or renewal period ends as such failure constitutes a default of the Lease.
  5. Insurance paragraph 
    1. New Language: Additionally, you are [check one] [ ] required to purchase personal liability insurance, and you shall provide us with proof of such insurance to our satisfaction; [ ] not required to purchase personal liability insurance. If no box is checked, personal liability insurance is not required. If required, failure to maintain personal liability insurance throughout your tenancy, including any renewal periods and/or lease extensions, may be an incurable breach of this Lease Contract and may result in the termination of tenancy and eviction and/or any other remedies as provided by this Lease Contract or state law. You understand and agree that should you allow your liability coverage to lapse, expire or otherwise be terminated, we may, at our sole option (in lieu of declaring an incurable breach), elect to purchase a liability policy on your behalf and assess the premium to you as additional rent which is due and payable with the monthly rent.
  6. Locks and Latches paragraph 
    1. New Language: You agree not to install additional or different locks or latches on any doors or windows of the premises, unless we have consented in writing to such installation.
    2. New Language: You agree that any resident may request, either orally or in writing, that we install new or different locks for the premises. You further understand and agree that once we install new or different locks we shall provide keys to the replacement locks to any other residents and/or authorized occupants in the absence of a lawful reason to deny them such keys.
  7. Reimbursement paragraph
    1. Revised Language: You must promptly reimburse us for lost rent, loss, damage, government fines, or cost of repairs or service in the apartment community resulting, directly or indirectly, from You, your occupants, guests or visitors. The parties expressly agree that NCGS 42-10 shall not apply to your tenancy and, as such, resident shall be strictly liable for any damage incurred by us, including but not limited to lost rent, even where the premises is not habitable.
    2. New Language: Whether or not you pay for the damage, we may still declare a default of the Lease Contract and terminate your right to possession of the premises pursuant to paragraph 32 (Default by Resident) herein.
  8. (A) Eviction or Summary Ejectment and Property Left in the Apartment paragraph
    1. New Language: In the event that we terminate this Lease Contract, all of our duties under this agreement shall terminate and we shall be entitled to collect from you all accrued and unpaid rents, and damages arising under this Lease Contract.
      1. Removed: “realized concessions”
  9. Delay of Occupancy 
    1. New Language: You hereby acknowledge and agree that we shall not be responsible for any other damages that may result from our failure to deliver possession of the premises, including but not limited to, moving expenses, lodging, storage, or any other cost, expense or damage whatsoever.
  10. New Paragraph – Rental Application 
    1. Rental Application. You understand and agree that we have relied upon the Rental Application ("application") submitted by you as an inducement for entering into this Lease Contract, and you warrant that the facts contained in such application are true. If we determine or learn that any fact or representation in the application is false or deceptive or omits material facts, you shall be in default of this Lease Contract, and in such an event, we shall have all of the rights and remedies set forth in this Lease Contract.
      You understand and agree that we reserve the right to check the criminal records of you and your occupants at any time during the original term or any renewal terms of this Lease Contract, though you also agree that we have no affirmative duty to anyone to research or monitor the criminal records or sex offender records of any person.
  11. New Section: COMMON AREAS:
    1. As used in this Agreement, the terms “Common Area” or “Common Areas” shall refer to all land and fixtures and spaces (other than Our business and management offices) outside the premises that are owned and maintained by us and comprise the single piece of real property that form the single community in which the premises is located. You understand and agree that the use of the Common Areas (including any amenity, swimming pool, exercise room, basketball court, parking areas, laundry facilities, hallways, breezeways, roadways, and so forth) is subject to any Rules and Regulations set by us and that such Rules and Regulations may be changed at any time without notice. You understand and agree that your payment of rent to us only entitles you to the rental and use of the premises and your ingress and egress to and from the premises while you remain in legal possession of the premises; you also understand and agree that your use of any Common Area facility is not included as part of the rent but instead is a privilege granted to you by us. We may revoke your privilege to use any facility upon your default of this Agreement, or if we deem, in our sole discretion, that you or an occupant or guest has misused the facility in any way or has disturbed the rights or comfort of other people. In the event we revoke your privilege to use a facility, you agree that we have the right to trespass you and your occupant(s) criminally from the facility. You also further agree that: (i) We may close or eliminate any facility at any time; (b) that we may bar you or any occupant or guest from entering or using any facility based on your, or their, misuse of same or based upon your default of this Agreement, including but not limited to your failure to pay rent or any other debt when due under this Agreement; (c) You would not be entitled to any rent reduction or abatement or rescission or damages of any kind whatsoever relating in any way to your inability to access or use any facility. You also agree that we may remove, or we may request that any law enforcement officer remove or otherwise trespass, any person from the Common Areas where such person cannot or will not establish that they are a resident, occupant or guest.
  12. Community Policies or Rules paragraph 
    1. Revised language: You and all guests and occupants must comply with any written apartment rules, any restrictive covenants that might be in place and community policies, including instructions for care of our property.
    2. New Subparagraph: Amenities: We reserve the right to set the days and hours of use for all Amenities and to change the character of, or close, any Amenity based upon our needs and in our sole and absolute discretion, without notice, obligation or recompense of any nature to you.
  13. Prohibited Conduct paragraph 
    1. New Language: You, your occupants or guests, or the guests of any occupants, may not engage in the following activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business operations;criminal activity of any kind, including but not limited to, manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; allowing or inviting any previously trespassed and/or banned guest or visitor into the community.
  14. Resident Safety and Property Loss; Casualty Loss subparagraph 
    1. New Language: You shall immediately notify us of any damage to the premises by fire, flooding, or other casualty not caused by us, including any type of catastrophic damage which renders the premises or a substantial portion of the premises, uninhabitable.
    2. New Language: Furthermore, where such damage is not caused by us, we shall have no obligation to provide alternative housing for you or to pay relocation expenses associated with vacating the premises.
  15. Condition of the Premises and Alterations paragraph 
    1. New Language: You must note on the form all defects or damage within 7 days of being put in possession of the premises and return it to our representative.
    2. New Language: When you move in, we'll supply the initial batteries for any battery-operated smoke detectors and carbon monoxide detectors; after that, you'll be responsible for testing such batteries and replacing the same for the duration of the tenancy and any renewal thereof.
  16. Requests, Repairs, and Malfunctions paragraph 
    1. New Language: We may, in our sole discretion, elect to repair substantial damage to the premises within a reasonable time under the circumstances, and in such an event, your obligations under the Lease Contract shall continue. Any obligation to pay rent during such period of repair shall be abated so long as the substantial damage was not caused by you, your occupants, guests or visitors.
    2. New Language: If your tenancy is so terminated, we’ll refund prorated rent (dating back to the date of the casualty) and all deposits, less lawful deductions.
    3. New Language: Should you fail to vacate the premises following our notice of termination herein you shall be considered a hold over tenant and we may exercise any and all remedies available to us under this Lease Contract.
  17. When We May Enter paragraph 
    1. New Language: Should you fail or refuse to allow us access to the premises pursuant to the terms of this paragraph, you shall be in default of this Lease Contract.
  18. Default by Resident paragraph; Eviction subparagraph 
    1. New Language: Pursuant to NCGS 42-73, we may accept a full payment of rent due with full and complete knowledge of any criminal acts that violate this Lease Contract without such acceptance of rent constituting any waiver of your default or our rights to enforce the same.
  19. Default by Resident paragraph; New subparagraph titled Release of Property Following Writ  
    1. New Language: Release of Property Following Writ. If we obtain a judgment for possession against you and the Sheriff has executed a Writ of Possession delivering possession of the premises to us, this paragraph constitutes our offer to release your personal property to you, during our normal business hours, for a period of no more than 7 calendar days after the date of the Sheriff's execution of the Writ of Possession. Should you fail to retrieve your personal property during the lockout period we have the right to throw away or dispose of your personal property without any liability to you for the disposal or destruction of your personal property.
  20. Default by Resident paragraph; Other Remedies subparagraph 
    1. Revised Language: If you default and move out early, you will pay us all sums due and owing.
  21. Notice paragraph 
    1. Revised Language: Fax or electronic signatures are binding. 
    2. New Language: For purposes of establishing notice the parties may use electronic mail, text message or written notice sent to the addresses and/or mobile number set forth at the end of this Lease Contract.
  22. Miscellaneous paragraph 
    1. New language: K) If the premises or any portion of the community shall be taken by eminent domain pursuant to governmental authority, this Lease Contract shall terminate at our option and you shall have no claim against us or as to any portion of the award granted to us as a result of such taking.
  23. Contacting You paragraph
    1. Revised language: You agree that we may contact you using any contact information relating to your lease including any number or email address.
  24. Payments paragraph 
    1. New Language: At our option and without notice, we may apply money received first to any of your unpaid obligations, then to current rent—regardless of notations on checks or money orders and regardless of when the obligations arose. This excludes any previously charged late fees and/or unpaid utility payments which are submetered by us.
  25. Move-Out Notice paragraph
    1. New Language: Where there is more than one resident to this Lease Contract, a notice of termination submitted by one resident shall be considered a notice of termination submitted by all residents. Should there be conflicting notices, the notice of termination shall control.
  26. Move-Out Procedures paragraph 
    1. New Language: You shall pay any and all utility bills due for any utility services to the premises for which you are responsible. At or before the time of move-out and surrender of possession, you will provide us with written authorization allowing us to dispose of any personal property left in the premises by you upon surrendering the keys. You understand and acknowledge that your failure to provide such written authorization and/or to remove all personal property from the premises shall constitute your continued possession of the premises requiring us to file an action for summary ejectment to regain possession of the premises. Should we be required to file such action you will be responsible for any rental obligation that comes due until such time as we are placed in lawful possession of the premises.
  27. Deposit Return, Surrender, and Abandonment paragraph; Deposit Return and Forwarding Address subparagraph 
    1. New Language: To the extent there are multiple residents under the Lease Contract, you hereby acknowledge that we may issue any Deposit refund to one or all of the residents and it shall be up to the residents to divide accordingly.
  28. Severability paragraph 
    1. New Language: If any provision of this Lease Contract or Addenda are invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this Lease Contract.
  29. Originals and Attachments paragraph 
    1. New Language: This Lease Contract and Addenda (would add this anywhere Lease Contract is used in this paragraph until the incorporation language is used)  has been executed in multiple originals, with original signatures.
  30. Under signature section 
    1. Added new section for Address, phone number and email address of resident for notice purposes.

Enclosed Garage Addendum 

  1. Move-Out and Remedies Paragraph 
    1. New Language:  Termination of the Lease Contract shall terminate any rental under this addendum.

Inventory and Condition Form

  1. Under Safety-Related Items
    1. New field for Carbon Monoxide Detectors

Lease Contract Guaranty 

  1. New Language:  This Guaranty is irrevocable and part of the Lease Contract and shall be performed in the county where the dwelling unit is located.
  2. New Language: We will furnish you a copy of the Lease upon written request. Guarantor waives protections under NCGS 26.7.

New Form(s): 
Day-to-Day Addendum

How will the users experience within the NAA Click & Lease be affected?
The following changes will be implemented within the NAA Click & Lease Program in correlation to the form revisions.

  • Apartment Lease Contract. A new section called "Resident Contact Info" will be added to the lease editor. Fields for address, phone number, and email address of resident will be added. These values will vary per lease record, therefore cannot be saved as recurring default values. A new field for "Broker's license" will be added to the "Attachments" section of the lease editor. This field can be saved as a recurring default value.
  • Day-to-Day Addendum. A new field for "Special Provisions" will be added to the "Additional Provisions" section of the lease editor. This field can be saved as a recurring default value.