Emergency Entry. Owner may enter the Premises in the event of an emergency, and during reasonable hours to make necessary repairs, alterations, or agreed to services to Premises or upon any other portion of the building, which may require access through the Premises. Unless impractical to do so, Owner shall endeavour to provide notice to Renter and attempt to obtain Renter’s prior consent for entry. Consent may be presumed from the Renter’s failure to object to access after reasonable notice is given. The Renter may not unreasonably deny access to the Premises.
Restrictions on Use. Renter shall not violate any criminal or civil law, ordinance or statute in the use and occupancy of the Premises. Renter shall keep the Premises as clean and sanitary as conditions of the premises permit, and shall not commit waste or nuisance, annoy, molest, disrupt or interfere with neighbours.
Damages and Repairs. Renter shall immediately alert the Owner to defective or dangerous conditions on the Premises. Renter shall make no alteration, additions or improvements in or to the Premises without the prior written consent of Owner. Owner will pay for repairs and maintenance to Premises beyond normal wear and tear, unless such damage is caused by the abuse or neglect of the Renter. The Renter shall be liable to owner for any such damage caused by Renter’s lack of due care.
Condition of Rental Property. The Condition of Rental Property Checklist (“Checklist”) attached is hereby incorporated by reference. Renter acknowledges that Renter has examined the Premises and that they are in good condition except as otherwise specified in the Checklist.
Return of Property. Renter shall keep the Premises, furniture, furnishings, appliances, and fixtures, which are rented for Renter’s exclusive use, in good order and condition. Renter shall vacate the Premises, remove all trash and debris from the Premises and return the property to Owner in the same condition as when Renter took possession, except for normal wear and tear, and the normal use of linen, beds, towels and dishes. Renter shall pay Owner for the costs of repair, replacement or rebuilding any portion of the premises damaged by the Renter, Renter’s guests or invitees or by Renter’s personal property. If Renter fails to surrender the Premises to Owner on the expiration date as required by this Section 11, Renter agrees to hold Owner harmless from any and all damages including but not limited to succeeding renters’ claims.
Indemnification. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury on the Premises by any cause or arising out of conduct of renter(s), their guests and invitees, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination.
Pets. Renter may not have any pets on the Premises due to local protected wildlife including wallabies and wombats that frequently visit the property.
Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of rent with knowledge of a default by Renter shall not constitute a waiver of any breach.
Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any rights given to Renter hereunder. Renter may not sub-let the Premises or any part thereof, without the prior written consent of Owner, which shall not be unreasonably withheld. Any attempt to transfer, assign or sub-let without consent shall be a material default of this Agreement and shall be void.