Tenants’ Initials: T1:_____ T2:_____ T3:_____ Page 7 of 11
31. Partial Rent payments. Landlord will not
accept partial rent payments.
32. Access. As required by A.R.S. §33-1343, Tenant shall not unreasonably withhold consent for Landlord to enter the Premises.
Tenant shall be presumed to have “unreasonably withheld consent” if Tenant fails or refuses to restrain pets (whether or not pets
are permitted under this agreement), fails or refuses to allow access to the Premises, or otherwise hinders Landlord’s right to
access, makes inspection of the Premises difficult or impossible, and/or refuses, limits or impairs access to the Premises by
Landlord’s agents, including contractors, repairmen and prospective tenants. Landlord may enter the Premises without the
consent of Tenant in case of emergency. Landlord shall not abuse the right of access or use it to harass Tenant. Except in the
case of an emergency or if it is impractical to do so, Landlord shall give Tenant at least two days notice of his intention to enter and
enter only at reasonable times. In addition to other lawful access, Landlord has the right of access as permitted by A.R.S. §§ 33-
1369 and 33-1370. Landlord may enter the Premises as necessary to inspect, which may occur as frequently as once per month.
Landlord may show the Premises to prospective tenants at any time and Tenant hereby agrees to more frequent showings during
the last thirty days of tenancy (including early termination of tenancy) and expressly agrees that Landlord may place one or more
“for rent”and/ or “for sale” (or similar) signs in and/or on the Premises.
33. Security. Tenant acknowledges and agrees that Landlord does not, and shall have no duty to, provide security services to Tenant
or the Premises. Tenant shall look exclusively to the local police force for security and/or protection. Tenant agrees that Landlord
shall not be liable for criminal or wrongful acts committed against Tenant, Occupants or Guests.
34. Waivers. No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any
subsequent breach by Tenant of the same provision or any other provision. Landlord's consent to or approval of any act shall not
constitute a continuing consent to or approval of any subsequent act or breach by Tenant. All rights given to Landlord by this
Agreement shall be in addition to any laws which exist or might come into existence. Any exercise of any rights by Landlord or
failure to exercise any rights shall not act as waiver of those or any other rights. No statement or promise by Landlord, Landlord’s
agents or employees, as to tenancy, repairs, amount of rent to be paid, or other terms and conditions shall be binding unless it is
put in writing and made a specific part of this Agreement.
35. Notices. All notices provided for herein shall be in writing and shall be delivered to Landlord at the address set forth on the front
hereof and to Tenant at the Premises or the Tenant's work place, if applicable, or to any other alternate address provided in writing
by Tenant to Landlord. All notices shall be sent by registered or certified mail, or personally delivered, or as otherwise provided in
A.R.S. §33-1313. Notice to one Tenant or Occupant (authorized or not) of responsible age shall be deemed notice to all Tenants
and Occupants. If, for any reason, Landlord cannot deliver a notice to Tenant personally, Landlord may post the notice in a
conspicuous place on the Premises.
36. Legal fees. Landlord and Tenant agree that the prevailing party in any litigation, action or controversy arising out of this Rental
Agreement, arising out of attempts to enforce this Rental Agreement and/or any controversy arising between the parties hereto
whether or not related to this Rental Agree
ment, shall be entitled to reimbursement of or, if appropriate, an award of reasonable
attorneys' fees, litigation expenses (including, but not limited to, travel expenses for landlord and/or property manager to appear in
court, cop
ying charges, delivery fees, expert witness fees), out-of-pocket expenses of every kind and court costs incurred prior to
trial, during trial, post-judgment and/or on appeal, without regard to whether or not the matter is/was contested. In addition,
Landlord shall be entitled to recover all costs of collection, including collection agency fees (including contingency fees and/or
percentage of recovery fees), and all expenses relating to recording judgments, creating, recording and/or releasing lien notices
and/or relating to collection or enforcement of any judgment, order or award. The award of fees, costs and expenses (above), if
made by a court of law, shall be made by the court, sitting without a jury.
37. Pests / Pest Control. Unless otherwise provided in this agreement, Tenant shall be responsible for pest control. Prior occupants
have reported seeing common pests in or on the Premises. “Common Pests” may include, but are not limited to: ants,
cockroaches, bed bugs, spiders, termites, scorpions, rodents, free-roaming neighborhood house cats and other common
household pests indigenous to Arizona. Tenant may also encounter wild animals, including, but not limited to: Lizards,
rattlesnakes, javelina (wild pigs), bears, mountain lions, wolves, coyotes, birds, birds of prey and other animals indigenous to
Arizona. If Tenant is particularly sensitive to or otherwise concerned about the presence of these pests, other pests and/or animals
on or near the Premises, Tenant should have a professional inspection conducted by qualified inspectors and/or obtain further
information about the pests and/or animals of concern before entering into this agreement. If Tenant fails to eradicate pests during
the Term hereof, then Landlord may pay to have pests removed after Tenant vacates and deduct the cost thereof from Tenant’s
deposit.
38. Hazards. The Premises may be near real or perceived natural and/or man-made hazards, including, but not limited to: Busy
streets, shopping centers, trains and rail road tracks, open water (i.e., ditches, canals, natural or man-made lakes and/or streams),
and/or power lines. As a result, the Premises and occupants may be exposed to noise, humidity, moisture, water, vibrations,
smoke (including second-hand smoke), traffic (air and ground), electric current, magnetic fields and/or other hazards, conditions or
events. The Premises may be located near an airport and/or in the flight path and/or be affected by future flight path changes.
Depending upon weather and other factors, the Premises may be subject to noise and/or odors from surrounding areas. Landlord
is not aware of any mold, radon gas and/or other environmental hazards in/on the Premises, but no tests have been done by
landlord. If Tenant is particularly sensitive to or otherwise concerned about the presence of these (or other) conditions and/or
potential hazards, Tenant should have a professional inspection conducted by one or more qualified inspectors and/or obtain
further information about the hazards or other areas of concern before entering into this agreement. Tenant understands,
acknowledges and assumes the foregoing risks and agrees to inform Occupants and Guests of these risks.
39. Flammables/Explosives/Hazardous substances. Tenant shall not store or bring onto the Premises any flammable liquids,
explosives and/or hazardous materials of any kind, except for commonly used and readily available household cleaners and fuels.
Fuel of any kind (i.e., for cars, models, fireplaces, barbeques, etc.) must be properly used and stored (no more than one gallon or
any flammable shall be stored).