4/1/20 -- SC Lease Updates

NAA Click & Lease Forms
Update for South Carolina

Dear South Carolina NAA Click & Lease User,

The NAA Click & Lease Program for South Carolina will be updated on April 15, 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/Student Housing Lease  

1. Keys and Furniture paragraph is now Keys. 
1. New Language: You will be provided ______ apartment key(s), _______ mailbox key(s), _____ FOB(s), and/or _____ other access device(s) for access to the building and amenities at no additional cost at move-in.   If the key, FOB, or other access device is lost or becomes damaged during your tenancy or is not returned or is returned damaged when you move out, you will be responsible for the costs for the replacement and/or repair of the same.
2. Removed Language: Your apartment will be [check one]: [  ] furnished or [  ] unfurnished. 
2. New Paragraph: Furnishings paragraph (in Student Housing Lease only)
1. Your Apartment will be [check one]: [ ] furnished or [ ] unfurnished. If the Apartment is furnished, the Apartment will also include all appliances, furniture and fixtures that we provide to you in your Exclusive Use and Joint Use areas (“Personal Property”). [ ] If checked, the appliances and furniture are described in the Inventory/Move-In Move-Out form. 
3. Rent and Charges paragraph
1. DAILY LATE FEE LANGUAGE HAS BEEN REMOVED.
2. New language: If you don't pay all rent on or before the _________day of the month, you'll pay a late charge.  Your late charge will be $___________.   You'll also pay a charge of $ _________________ for each returned check or rejected electronic payment, plus a late charge.  The returned check charge shall not exceed $30.00.
4. Insurance paragraph
1. New language: We [ ] require  [ ] do not require you to get your own insurance for losses to your personal property or injuries due to theft, fire, water damage, pipe leaks and the like. 
   If renter’s insurance is required, you shall maintain at all times during the Term of this Lease, at your sole expense, a renter’s insurance policy, or its equivalent, issued by a licensed insurance company in a minimum policy coverage amount of $__________, and you shall provide us with proof of such insurance to our satisfaction.
   If no box is checked, renter’s insurance is not required.  
5. Military Personnel Clause
1. New Language: All parties to this Lease Contract agree to comply with any federal law, including, but not limited to the Service Member’s Civil Relief Act, or any applicable state law(s), if you are seeking to terminate this Lease Contract and/or subsequent renewals and/or Lease Contract extensions under the rights granted by such laws.
6. Resident Safety and Property Loss paragraph 
1. Casualty Loss subparagraph; new language: During freezing weather, you must ensure that the temperature in the apartment is sufficient to make sure that the pipes do not freeze (the appropriate temperature will depend upon weather conditions and the size and layout of your unit). 
7. Animals paragraph 
1. New Language for first paragraph: Unless otherwise provided under federal, state, or local law, no animals (including mammals, reptiles, birds, fish, rodents, and insects) are allowed, even temporarily, anywhere in the apartment or apartment community unless we've so authorized in writing.  You must remove an illegal or unauthorized animal within 24 hours of notice from us, or you will be considered in default of this Lease Contract. If we allow an animal as a pet, you must execute a separate animal addendum which may require additional deposits, rents, fees or other charges. An animal deposit is considered a general security deposit. We will authorize an assistance animal for a disabled person.  When allowed by applicable laws, before we authorize an assistance animal, if the disability is not readily apparent, we may require a written statement from a qualified professional verifying the disability-related need for the assistance animal. If we authorize an assistance animal, we may require you to execute a separate animal and/or assistance animal addendum.  Animal deposits, additional rents, fees or other charges will not be required for an assistance animal needed due to disability, including an emotional support or service animal, as authorized under federal, state, or local law. You must not feed stray or wild animals.
8. Miscellaneous Paragraph – reorganized 
1. New Paragraph: ENTIRE AGREEMENT. Neither we nor any of our representatives have made any oral promises, representations, or agreements. This Lease Contract is the entire agreement between you and us.
2. New Paragraph: NO AUTHORITY TO AMEND UNLESS IN WRITING. Our representatives (including management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease Contract or any part of it, unless in writing, and no authority to make promises, representations, or agreements that impose security duties or other obligations on us or our representatives unless in writing.   
3. New Paragraph: NO WAIVER. No action or omission of our representative will be considered a waiver of any subsequent violation, default, or time or place of performance. Our not enforcing or belatedly enforcing written-notice requirements, rental due dates, acceleration, liens, or other rights isn’t a waiver under any circumstances. Except when notice or demand is required by statute, you waive any notice and demand for performance from us if you default.
4. New Paragraph: NOTICE. Written notice to or from our managers constitutes notice to or from us. Any person giving a notice under this Lease Contract should retain a copy of the memo, letter or fax that was given. Fax signatures are binding. All notices must be signed.
5. New Paragraph: CABLE. Although the property may currently be providing cable on a bulk basis to the resident, the property may, with 30 days notice to the resident, cease providing cable and the resident will contract directly with the cable provider for such services.
6. New Paragraph: AFFIRMATION THAT YOU ARE NOT A CRIMINAL SEX OFFENDER. You affirmatively state that you are not a criminal sex offender. 
7. New Paragraph: MISCELLANEOUS. 
   A. Exercising one remedy won’t constitute an election or waiver of other remedies.
   B.  Unless prohibited by law or the respective insurance policies, insurance subrogation is waived by all parties. 
   C. All remedies are cumulative. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obligations merely by virtue of acting on our behalf.
   D. This Lease Contract binds subsequent owners. 
   E. Neither an invalid clause nor the omission of initials on any page invalidates this Lease Contract.
   F. All provisions regarding our non-liability and non-duty apply to our employees, agents, and management companies.
   G. This Lease Contract is subordinate or superior to existing and future recorded mortgages, at lender’s option.
   H. All lease obligations must be performed in the county where the apartment is located. 
   I. All discretionary rights reserved for us within this Lease Contract or any accompanying addenda are at our sole and absolute discretion.
9. Consent to Solicitation subparagraph now Contacting You paragraph
1. New Language: By signing this lease, you are agreeing that we, our representative(s) or agent(s) may contact you. You agree that we may contact you using any contact information relating to your lease including any number (i) you have provided to us (ii) from which you called us, or (iii) which we obtained and through which we reasonably believe we can reach you. You agree we may use any means to contact you. This may include calls made to your cellular telephone using an automatic telephone dialing system, artificial or prerecorded voice messages, text messages, mail, e-mail, and calls to your phone or Voice over Internet Protocol (VoIP) service, or any other data or voice transmission technology. You agree to promptly notify us if you change any contact information you provide to us. You are responsible for any service provider charges as a result of us contacting you.
10. Originals and Attachments paragraph 
1. New Language: A copy or scan of this Lease Contract and related addenda, amendments, and agreements may be used for any purpose and shall be treated as an original.

Animal Addendum 

1. New Language to Paragraph 3 
1. A. [ ] NO APPROVED ANIMALS. If this box is checked, you are not allowed to have animals (including mammals, reptiles, birds, fish, rodents, and insects), even temporarily, anywhere in the apartment or apartment community unless we've authorized so in writing. We will authorize support and/or service animals for you, your guests, and occupants pursuant to the parameters and guidelines established by the Fair Housing Act, HUD regulatory guidelines, and any applicable state and/or local laws.  
   B. [ ] CONDITIONAL AUTHORIZATION FOR ANIMAL. If this box is checked, you may keep the animal that is described below in the dwelling until the Lease Contract expires. But we may terminate this authorization sooner if your right of occupancy is lawfully terminated or if in our judgment you and your animal, your guests, or any occupant violate any of the rules in this Addendum.

Removed Form(s): 
Servicemembers Civil Relief Act Limited Liability Waiver

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/Student Housing Lease. Multiple fields will be removed and new fields will be added to the lease editor in the "Other Charges" section. All of the new fields may be saved as recurring default values.
• Animal Addendum. Two new fields will be added to the lease editor in the "Animal Addendum" section. All of the new fields may be saved as recurring default values.

Servicemembers Civil Relief Act Limited Liability Waiver. One field will be removed from the lease editor in the "Additional Provisions" section.