McCoy 6 Apartments, LLC

2567 University Avenue, Ste. 6022

Morgantown, WV 26505
304-291-2548
www.McCoy6.com DATE:
McCoy 6 Apartments
LEASE CONTRACT
UNIT: _____________________

TERM: _________ TO _________

RENT: ___________ TOTAL PER MONTH, ___________ PER PERSON PER MONTH

RENEWAL: CARRY OVER DEPOSIT AND FIRST/LAST MONTH’S RENT

SECURITY DEPOSIT: ______ PER PERSON

FIRST/LAST MONTH’S RENT: ______ ( ____-____ AND ____-____ )
This lease is executed by and between McCoy 6 Apartments, LLC
(hereinafter referred to as “Owner”) and:

1. __________________________________ __________________________________
Name Signature

2. __________________________________ __________________________________
Name Signature

3. __________________________________ __________________________________
Name Signature

(hereinafter individually and collectively referred to as “Residents”).

__________________________________ ________________________________
Agent of McCoy 6 Apartments Signature

Owner hereby lets unto the Residents, and Residents hereby lease from the Owner the unit, as described in
the lease contract hereinafter referred to as the “Premises.”

Residents shall be jointly and severally liable for failure of any resident to comply with any provision in the
lease contract. Each Resident hereby appoints each of the other Residents to the lease contract as their
agent and attorney in fact to accept any documents caused to be served on any of them by or behalf of the
Owner, including notices, service of process or any court documents. This appointment shall be in effect
from the date of signing the lease contract until its termination by lease expiration or until all payments are
made by Residents in full, whichever is later.
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1. TERM. The term of the lease shall be for no less than the time interval listed on the lease contract.
Residents must completely vacate the premises and return all keys to the management office by 12 p.m. on
the day the lease ends. This lease shall automatically terminate at the end of the term, unless Resident(s)
have been approved in writing by the Owner for a lease extension or Resident(s) and Owner enter into
another written lease following this contract.

2. RENT. Residents agree to pay to the Owner as rent for the term of this lease the annual rent shown on
the lease contract, payable in monthly, 6-month, or yearly installments. The first payment is a prorated
amount of the monthly rent from the first date of tenancy through the following month on the 1st day and the
1st day of the last month of tenancy through the expiration date of the contract. This payment is due at the
time of signing, along with the security deposit. Rental payments will continue on the 1st day of the new
month following the leasing date and each month thereafter, not including the last month, throughout the
balance of the term.

Monthly payments shall be made to the Owner by way of the following payment options:
1. PIF – Payment in full for the year’s rent (enjoy a $300 discount)
2. 6M – Payment for six months (take advantage of a $100 discount)
3. ACH – Automatic monthly withdrawal
4. FA – Financial Aid (2 ACH debits set for September 15 and February 15)

Residents are required to complete payment registration forms no later than 45 days prior to the start of the
contract. Failure to complete necessary forms defaults Resident(s) to the 6 MONTH payment option. No
keys will be issued unless all Residents’ security deposits, first/last month’s rents, and payment forms have
been received by McCoy 6 Apartments.

All payments shall be applied to Residents’ accounts in the following order: 1) to rent, 2) outstanding late
charges and bank fees (returned check charges, etc.), 3) outstanding legal fees/court costs and, 4)
outstanding utility/damage bills. Owner may, in its sole discretion, accept payments from a Resident of less
than the full monthly rental amount due under the lease contract. Residents understand and agree that
acceptance of a partial rental payment does not constitute payment in full, nor does it constitute a waiver of
any notice issue or the application of late fees. If Resident fails to pay the full rent for any month for which it
is due, or if any default or breach of agreement occurs, termination of this agreement may occur with
possession of the premises reverting back to Owner at his option. Owner may evict ALL Residents for
nonpayment of rent by and Resident.

Any rental payment received after legal action has begun will be accepted by Owner with reservation and
will be applied to delinquent rent due, but may not affect any legal action instituted to recover delinquent
rent and possession of the premises. Residents agree to pay and discharge all costs, attorney fees and
expenses incurred by Owner to enforce the terms of the lease.

3. SECURITY DEPOSIT. The Owner accepts the security deposit as collateral for the full and faithful
performance by Residents of each and every provision, covenant, condition, and for the entire time period
of the lease contract. From the date the lease contract is signed, if the contract is materially broken for any
reason the full security deposit of the Residents will be forfeited. After the lease ends, any occupancy by
persons or property will cause the security deposits of all Residents to be forfeited. Each Resident’s
security deposit will be held during the term and the balance, if any returned within 60 days of the end of the
term of this lease. To ensure proper delivery of security deposits, each Resident must leave a self-
addressed, stamped envelope at the McCoy 6 office.
Each resident agrees that the Owner may withhold the security deposit and convert to the Owner’s own
use, without notice to the Resident(s) for the following reasons:
• Repairs and cleaning to be done during the lease term or upon Residents’ evacuation of the
premises.
• Failure to pay rent by any Resident of the Premises.

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 • Early termination of this lease for reasons set forth in this lease.
• Services provided by the Owner according to the terms of this lease.
• Payment of late fees or bank charges.
• Key replacement during the lease term

The security deposits of all residents will be held until all rental payments have been received in full. If a
Resident terminates this lease contract before the commencement date, the security deposits and any other
monies paid to the Owner by all Residents will be forfeited. In the event that any part of the security deposit
shall have been utilized by the Owner, in accordance with the terms herein or applicable law, Residents
shall upon delivery of notice, make payable an amount equal to the charges assessed so that Owner shall
have the full deposit on hand at all times during the term of the contract and any renewal thereof or holding
over. Acceptance of this deposit by the Owner does not constitute any waiver of damages that may exceed
the amount of the deposit or any waiver of any other rights the Owner may have against the Residents, at
law or in equity, by reason of the Residents’ default, and in the event of damages suffered by the Owner by
reason of the Residents’ default, which exceed the amount of the deposit, the Owner shall be entitled to
such additional damages along with the cost of exercising its rights, including attorneys’ fees to recover
monies owed, all keys returned.

4. LATE CHARGES. If for any reason monthly rental payments are not received by the 1st of its
corresponding month the resident has 5 additional days (business or non-business days) to make the
complete rental payment. If a payment is not received by then, a fee of seventy-five dollars ($75.00) will be
charged. In addition, resident agrees to pay any and all costs or percentages of collections to McCoy 6
Apartments that may incur in collecting debt. Residents agree that any and all monies collected by McCoy
6 Apartments shall be applied to the oldest charge first and the balance to the rent or then to any newer
charge. Should an automatic bank withdrawal (ACH) to collect rent not be completed by McCoy 6 due to
non-sufficient funds, stopped payment, or any other reason, late fees as described above will be assessed.
Owner has the right to pursue all Residents equally in Magistrate Court, or elsewhere, for all costs (even if
one or more Residents have paid in full). Any outstanding balances owed to the Owner shall be applied to
each Resident equally until payment is received in full. Residents also agree to pay a $50
handling/administrative fee for any check returned by banks for any reason.

5. TERMINATION OF LEASE BY OWNER. Owner shall have full power and authority to institute any
action at law or in equity for the collection thereof of any and all payments owed, to proceed by distress or
any other process of the law to collect the same, or at owner‘s option, may declare the lease term ended
and re-enter the premises and every part thereof and remove all persons there from, or to proceed by legal
action the recovery thereof. Furthermore, Owner agrees that in the event of invocation of the provisions of
this paragraph, Owner may, at Owner’s discretion, immediately undertake to re-let the demised premises at
a reasonable rental rate, and any rentals received in connection therewith shall be credited to the account of
Residents minus any reasonable charges for cleaning, damages or other costs incurred such as advertising
or commissions. In the event of urban development that calls for demolition of the premises or other such
causes, the owner reserves the right to terminate this lease prior to termination date. When possible, the
owner will provide adequate notice of such termination and relocation assistance when available

6. EARLY LEASE TERMINATION BY RESIDENT. Residents have 72 hours from the time of signing to
terminate the lease contract by completing a termination agreement with the Owner or its agent(s).
Termination agreement must be completed in person, by all Residents. Termination agreement includes
forfeiture of any monies paid to owner by and all Residents, including but not limited to security deposits,
first/last month’s rent, and parking.

In all 1 BR Units, or units where there is only one leaseholder, Owner may accept a buy-out equal to four (4)
months rent, in conjunction with a completion of a buyout agreement. Upon receipt of this agreement, and
payment of three (4) months rent in full, Owner will then begin the process of re-renting the apartment.

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Security deposit and any other monies paid to the Owner by the vacating Resident will be forfeited in this
option and cannot be used as a rental payment.

7. SUBLEASE OR ASSIGNMENT. It is agreed that the Residents shall have no right to sublease the
Premises, or assign this lease without the prior written consent of the Owner, which consent may be
arbitrarily and unreasonably withheld by the Owner in Owner’s sole discretion. The Owner is not
responsible for inspecting the Premises at the time of a sublet and will not repair wear and tear or do any
cleaning and/or painting for the sublet Resident. Residents may find more information concerning this in the
Appendix to the lease. If Residents desire additional occupants, they will need to obtain Owners’
permission as well as obey all City Occupancy Codes. Owner will provide suggested sublet agreement to
Residents who desire to sublet the premises and will assist in locating a sublessor only if all rents are kept
current. All Residents residing in the premises must approve of sublessor. If a Resident subleases, it is the
duty of all original Residents on the lease contract to sublet premises or pay the full monthly rent for the
entire rental period.

8. UTILITIES. The rent payable by the Resident(s) in this lease includes reimbursement to the Owner for
its costs of supplying and furnishing standard gas, electric, water, and sewer services. Garbage removal
will be included for Residents of Mountaineer Court or 1-21 Beechurst Avenue. Residents of Mountaineer
Court will also receive basic cable service for no additional fee.

It is the intent of the parties that the utilities shall not materially increase due to the use of Residents. If at
the end of the lease term, the utility usage has increased by 10% or more over the previous year’s usage,
the Owner reserves the right to bill Residents for such overages.

9. MAINTENANCE, VACUUMING AND CLEANLINESS. Residents agree to make normal repairs, to

include, but not limited to, replacing light bulbs, smoke detector batteries, vacuuming and shampooing
carpets regularly (including prior to vacating the premises before expiration of this contract) during the
course of the lease contract. Residents also specifically agree to pay for repairs due to their negligence or
to pay for repairs made at the request of McCoy 6 Apartments maintenance staff for services at the time
services are rendered. These terms also apply for service to plumbing when the Residents or their guests
cause the plumbing problems.

Damages that occur from normal wear and tear to any appliance, furniture, or housing fixture must be
reported within 5 days of the incident or will be considered to have been caused by the Residents.
Accumulation of excess grease and/or dirt and damage to walls, ceilings, floors or appliances will not be
considered ordinary wear and tear and if not properly cleaned, cleaning charges will be deducted from the
security deposit upon Residents’ evacuation of the Premises. If, in the Owner’s discretion, trash
accumulates or living conditions amount to a health / safety condition, then Owner may hire appropriate
people to clean the premises to reasonable living conditions, and bill the Residents. Specifically, Residents
are responsible for any and all damage to their unit and any other unit(s) caused by flooding from pipes,
including damage from frozen pipes.

The Owner encourages all tenants to utilize the MAINTENANCE REQUEST FORMS available 24 hours per
day, 7 days per week at WWW.MCCOY6.COM.

10. FIRE SAFETY. Open flames, extension cords, space heaters, barbecue grills (gas or charcoal) and
are prohibited. If found, such items will be removed from the Premises immediately. Smoke Alarms will
not be tampered with or rendered inoperable. Smoke detectors are provided in accordance with municipal
code and new batteries are installed at the beginning of the lease period. During the lease period up-keep,
regular inspection and maintenance, to include replacement of batteries, is the responsibility of the
Residents. Any malfunction or maintenance outside the replacement of batteries shall be reported to the
Owner in writing within 24 hours. If the Premises are damaged by fire or other means to the point that the
Owner decides not to rebuild or repair, the term of this lease shall cease at the time of the damage and the
pro-rated rent be paid up to the time of the damage.
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11. INSURANCE. Residents are encouraged to purchase a renter’s insurance policy to cover personal
property within the premises. Residents may inquire with local insurance carriers about plans that are
available.

12. MOVE-IN. Residents will be permitted to enter (become responsible for apartment) at 5:00 pm on the
day the lease contract begins on the condition that security deposit and first/last month’s rent have been
received in full, and payment methods have been established by all Residents. Residents agree to take the
apartment “as is.” Residents will be supplied with a ‘move-in’ folder containing a maintenance request list
for the house/apartment, which must be returned to the Owner within 72 hours. Defects not reported within
that timeframe shall be presumed to have occurred during the Resident’s possession. Owner agrees to
review the initial maintenance request/inspection list; upon review, repairs and improvements will be done
within 90 of the inspection report’s receipt. Owner shall not be liable for any damages whatsoever suffered
by Residents for failure to deliver possession of the Premises at the time stipulated herein as to the date of
commencement of the tenancy. The ‘move-in’ folder will also include a furniture inventory to be completed
by the Resident(s) and returned within 72 hours of its receipt. Failure to submit this form can result in
delays in receipt of requested furniture. Residents who do not check in by June 15 default on the inspection
and furniture inventory process and must accept the apartment “as is.”

13. MOVE-OUT. Residents will vacate the Premises and return all keys to the McCoy 6 Apartments
Management office by 12:00 p.m. on the day the lease contract ends and leave the premises in a clean and
sanitary condition. The Owner assumes no responsibility for personal items left in the unit or on the
premises after the end of this lease (or after Residents break/terminate this lease). Items left on the
premises after the expiration/termination of the lease contract (for whatever reason) will be dealt with in
accordance with State law.

14. OWNER ENTRY. The Owner, in person or by agent, shall at all reasonable times and without prior
notice have the right to enter and view condition of the premises, conduct maintenance or repair work
Normally maintenance and repair work will be performed between the hours of 7:00 a.m. and 7:00 p.m. The
Owner shall have the right to enter the Premises without prior notice in order to inspect the Premises, make
necessary or agreed repairs, decorations, alterations, additions or improvements, supply necessary or
agreed services or exhibit the dwelling, check to see if the Resident is in compliance with the terms and
conditions of this lease, or show the Premises to either prospective or actual purchasers, mortgagers,
residents, workman or contractors.

15. PARKING. Parking permits are required for all Residents at all times. Please see the McCoy 6
Apartment Office personnel for assistance and details on availability and pricing.

16. PETS. The Owner does not allow pet, including those of visitors, in or around the Premises at any
time.

17. FAILURE TO MAINTAIN. If there is a violation by the Residents of the provisions of the lease or
provisions of the Code of West Virginia materially affecting health and safety that can be remedied by
repair, replacement of a damaged item, or by cleaning, Residents must comply as promptly as conditions
require in the case of emergency. This must be done within fourteen (14) days after written notice by the
Owner specifying a breech of the lease and upon Owners request that the Residents remedy it within a
specified period of time. The Owner may enter the dwelling and cause the repairs to be done in a
workmanlike manner and submit an itemized bill for the actual and reasonable cost, or the fair and
reasonable value thereof, and add it to the rent on the next date when periodic rent is due. If the rental
contract has terminated, Owner may present the bill to Resident(s) for immediate payment.

18. APPLICABLE LAW. This instrument shall be construed, interpreted and applied in accordance with
the laws of the State of West Virginia.
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19. BINDING EFFECT. The covenants, conditions and agreements herein shall apply to and bind the
heirs, executors, personal representatives, successors and assigns of the parties hereto.

20. INCIDENTALS. Residents will not be able to rely on any prior oral or written representations by Owner
or Owner’s agent. Owner will not furnish personal items, incidentals and the like. Any exceptions to the
lease or work to be performed by Owner must be written by Owner in this section and initialed by Residents.

APPENDIX
This Appendix elaborates on articles listed in the Lease. It pertains to special situations that have arisen in
the past and notifies the Resident of the rights of both parties on the Lease agreement.

AIR CONDITIONERS: There will be a $50 per month per air conditioner charge for utility increase for any
air conditioner used by Residents, payable in advance. (Residents must get Owner permission to install air
conditioners). If such device is installed without the Owner’s written consent, a $250 fee will be
charged to the Residents for electrical use and Residents will pay for any damage to electrical
service or premises.

DUTIES AND OBLIGATIONS OF THE RESIDENTS:

Residents shall not keep or have on the Premises any article or thing of dangerous, flammable, or
explosive character that might increase the danger of fire or other casualty upon the Premises or that
might be pronounced “hazardous” or “extra hazardous” by any reasonable insurance company.
Further, Residents agree not to have any waterbed or similar article or any electric space heater in or
on the Premises.
Residents agree that any item found by owner in contrary to this lease, or that poses a danger to
themselves or others, may be disposed of by the Owner or Owner’s agents.
Residents agree to use the Premises for a private residence only and for no other purposes whatsoever
and will not use the premises for any business purpose whatsoever, and shall not permit guests or
other people to use the Premises improperly.
Residents shall provide and maintain appropriate receptacles for the collection and storage of garbage
and other waste.
Residents shall maintain the Premises by performing the following:
- Keep all outside yard areas clean and in safe condition and keep all walks free from trash, rubbish,
and other items.
- Keep in good and safe working order and condition all electrical, plumbing, sanitary, heating,
ventilating, air conditioning and other facilities and appliances. Residents shall be responsible for any
repairs required by reason of negligence by the Residents, their invitees, or any other person or
animal permitted on the Premises. Residents further agree to not deliberately destroy or deface,
damage, impair or remove any part of the Premises or contents therein or permit anyone to do so.
- Comply with all obligations imposed upon Residents by applicable provisions of building and
housing codes.
- Keep all plumbing fixtures as clean as their condition permit.
- Permit no waste, injury or removal of trees, shrubbery, or other landscaping.
Residents shall conduct themselves, their guests, and others in such a manner that will not disturb the
neighbors from the useful and peaceful enjoyment of their premises.
At the termination of the lease, for whatever reason, Residents shall promptly vacate the Premises
removing all items of personal property and leaving Owners belongings and the Premises in good
and clean order and repair.
Residents shall not use, permit, or suffer the use of any apparatus or instruments for musical or other
sound production or transmission in such manner that the sounds emanating from them are audible
beyond the interior of the Premises.

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 The Residents shall not engage in any practice that allows infestation of insects, rats, roaches, ants, flies,
or other vermin.
Residents shall not at any time exceed triple the occupancy with guests whether known or unknown.
Residents will abide by Code requirements that prohibit more than one person per 200 square feet.
Residents shall not place any indoor furniture outside for any reason.
Residents shall not allow this property to become an extension of any fraternity or sorority.
If Owner or Owner’s agents have to visit the property or Premises to control noise, density, or safety
issues associated with partying between the hours of 5:00 p.m. and 7:00 a.m., Residents agree to
pay Owner a One Hundred dollar ($100) fee.
Grass Cutting - Owner is not responsible for cutting grass at the convenience of the Resident(s). Owner
will send maintenance personnel to perform grass-cutting services, time permitting.
Owner will not be responsible to provide window screens to Residents, Units, or Apartments except
Mountaineer Court Apartments.

Residents agree not to install any washer, dryer, dishwasher, wood burning stoves, or other appliances
without express written permission of the Owner. Residents agree to pay for any costs incurred to remove
such items or to repair Premises caused by violation of this provision.

PURPOSE AND OCCUPANCY: Residents will occupy the premises as a private dwelling unit and no other
purpose. Occupancy is defined and shall consist of 7 days or more consecutively or 14 days in any
one calendar year. Residents will be responsible for their guests and immediate clean up (i.e., before
10:00 a.m. on weekends and 7:00 a.m. on weekdays) from any parties or gatherings on or around the
premises. Vehicle repair is not permitted, nor are any combustion engines or flammable liquids allowed
inside the unit. Residents will not remove any equipment, appliances, furniture or other items
owned/provided by Owner without Owner’s permission. No inside furniture is permitted on the exterior
of the apartment at any time. Residents agree to assume all risks of and shall be responsible for any and
all damages resulting from failure to abide by this lease agreement, and specifically for such damages
caused as a result of leaving windows, doors, or other openings unsecured. Waterbeds, halogen lamps,
and space heaters can be dangerous and are not to be brought into the unit.

PARTIES, GUESTS, ETC. Resident is responsible for the cleanup of any parties, gatherings, or other
events on or around their premises. Such cleanup must be completed within 8 hours of the event or by 7:00
a.m. the next business day, whichever is sooner. If Owner must clean up, appropriate fees will be charged
to the resident. If damages result from any event, the resident who organized, hosted, or otherwise allowed
the event to take place is responsible for all costs incurred, damages, and for replacing or restoring the
premises to a clean condition. Damages or charges resulting from negligence on Residents’ or their guests’
part are due before the next months’ rental period.

USE AND ENJOYMENT. Owner agrees that upon Residents’ faithful performance of this lease, Residents
shall peaceably enjoy the Premises for the term of the lease, subject nevertheless to the terms and
conditions of this lease. Residents shall not use or permit to be used the Premises for any unlawful purpose
or do or permit any unlawful act upon the leased Premises. Residents shall not make, or permit to be
made, any disturbing noises, or do or permit any act that will unreasonably interfere with the rights, comforts
or convenience of other residents in the building or surrounding area. In the event that Residents’ conduct
or that of their guests is unreasonably injurious or damaging to the Owner and/or the rights, privileges or
welfare of others, Owner may terminate this lease at any time with thirty days’ written notice.

NOTICES AND SERVICE OF PROCESS. Notices may be served upon the Resident in person or by
regular mail whether or not mailing is accepted by Resident. Written notices to Owner as required herein
must be presented to 401 Grand Central Station Drive Suite 6022 Morgantown, WV 26505. For the
purposes of Service of Process, service of any one resident shall be considered service on all residents.

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CONSENT AND WAIVERS. It is expressly stipulated that all covenants herein are independent. Express
and implied warranties of habitability shall not extend beyond those areas or those repairs for which the
Owner has assumed responsibility.

CITY INSPECTION / SMOKE DETECTORS / SIGNAGE: Residents acknowledge that smoke detectors are
in place and are in working order. Any malfunction (beyond normal replacing of batteries) must be reported
to the owner in writing within 24 hours. Any signage displayed by Resident must be approved by the Owner
(no general party signs/Keg party announcements, etc. will be permitted at any time). Owner reserves the
right to place signage on the property at any time. It is agreed that if a Morgantown Building/Housing/Fire
Code or other official closes this unit during the time of this lease due to living conditions, damage or other
reasons caused, created, or brought on by the Residents or their guests, the moment the condemnation
signs are placed on the unit the entire remaining unpaid lease amount may become payable to the Owner
by the Residents and security deposits (and other money held by the Owner such as pet fees) will be
forfeited. Damage costs will be due and payable when they are established by the Owner. Resident
agrees to pay the damage costs in full within 15 days of receipt of the damage statement.

FURNITURE AND APPLIANCES: This dwelling is not completely furnished. Owner will supply 1 stove, 1
refrigerator, 1 bed per resident on the lease, and a couch. Any other furniture or appliances located on the
premises (window screens, screen doors, washer/dryer, dressers, desks, desk chairs, living room chairs,
coffee tables and other tables) are provided for the Residents’ convenience, when available. Their
replacement, maintenance and repair are not the responsibility of the Owner. If something breaks,
Residents may fix or replace it but the cost of repair will not be deducted from the rent and the breakage in
no way excuses the Residents from paying rent on time. Before departure, Residents shall turn over to the
Owner the Premises, all of its fixtures and equipment in good and substantial repair, thoroughly cleaned and
in sanitary condition. Residents agree to pay for the replacement/repair of Owner’s property that becomes
lost or damaged, however caused.

SERVICES. Owner shall not be responsible for or liable for delivery of messages, telephone answering
service, mail or parcel delivery, nor for any service not expressly provided for in this lease. This lease shall
not be terminated because of interruption of services or the failure of any appliance to function properly or
because of any inconvenience arising from such interruption or failure to function properly. If such an
interruption occurs, please notify the Owner in writing so that Owner may make reasonable efforts to repair
them.

REMEDIES OF OWNER:
A. If there is a breach of the lease by the Residents (other than non-payment of rent), Owner may deliver
a written notice to the Residents specifying the acts and/or omissions constituting the breach, and stating
that the rental agreement will terminate upon a date not more then thirty (30) days after the receipt of the
notice if the breach is not remedied in twenty-one (21) days. If the breach is remedied by repairs or the
payment of damages or otherwise and the Residents adequately remedy the breach prior to the date
specified in the notice, this lease agreement shall not terminate.
B. If the full rent, including reimbursement for reasonable costs for repair is unpaid when due and the
Residents fail to pay the rent within five (5) days after written notice by the Owner specifying the
nonpayment and specifying the Owner’s intentions to terminate the rental agreement, the Owner may
terminate this lease agreement and proceed to obtain possession, recover damages including rent for the
balance of the lease term, and/or obtain injunctive relief as allowed by the Code of West Virginia. Actual
damages for breach of this lease shall include a claim for such rent as would have accrued until the
expiration of the lease term or until a tenancy pursuant to a new rental agreement commences, whichever
first occurs.
C. Notwithstanding the above, should the Owner pursue any of the remedies listed above, the Residents
shall be liable for:
- All installments of rent and other charges for the remainder of the term of this lease, which rents
shall become immediately due and payable;

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 - For all expenses which may be incurred by the Owner for re-renting the Premises, including but not
limited to brokerage, advertising, cleaning, repairing and redecorating expenses;
- For any court costs incurred by the Owner for collection of unpaid rent or other charges under this
lease, including but not limited to reasonable attorney’s fees; and
- For a collection fee of 25% of the amount sued for under this lease, payable to the Owner for, but
not limited to, Owner’s cost for processing all civil paper, research, case investigation, conferences
with counsel, etc.

REMEDIES OF OWNER FOR ABSENCE, NONUSE AND ABANDONMENT: Except for the holiday
season, December 15 – January 15, Residents shall be required to give notice to the Owner of an
anticipated, extended absence from the Premises in excess of fourteen (14) days. If the Residents fail to
give such notice, the Owner may recover actual damages from the Residents. If there is an absence of the
Residents in excess of fourteen (14) days and there are any outstanding rental payments due, the Owner
may enter the Premises by force or otherwise at times reasonably necessary to protect the Owner’s
possessions and property. If the Premises are abandoned or vacated for more than fourteen (14) days
without the aforesaid notice, the Owner may reenter the Premises by force or otherwise without being liable
for any prosecution therefore, and re-rent Premises and this lease agreement shall be deemed to be
terminated as of the date a new tenancy begins. In the alternative, upon abandonment or vacancy, the
Owner may treat abandonment or vacancy as a surrender and if so, this lease agreement shall be deemed
to be terminated as of the date Owner has notice from the Residents of the abandonment or vacancy. If
this lease agreement is terminated, in addition to any claim for rent, the Owner may make additional claim
for actual damages for breach of the rental agreement including the reasonable expenses incurred in
reentry and re-letting and reasonable attorneys’ fees if any.

NOTES:

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